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HomeMy WebLinkAboutLand Use Case.100 E Cooper Ave.0039.2008.ASLUTHE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0039.2008.ASLU 2735-12-4-71-012 100 E. COOPER #2 ERRIN EVANS DESIGN VARIANCE ROWLAND & BOUGHTON 10.20.08 CLOSED BY Angela Scorey on 03/03/2009 5b ~:~1& gecwd yavgateJ!.Fgm Refpwg F'or'mat Tabs Help .a ®(~ FX ~TM y ~ 'L1 ~ YJ ®:~1 ~ J' ~ J~ `• / ~ ~ ~_ ~L Jump 1.._ c Marl Cullom Fjelds I At 0 0o39.2r~8• hsLU Q'~_. I Fee SunmxY I Parcejs I Sub Eermds I Roulig Jiistwy I R04Urg Status I Ya4 __- -_ fatloytLp Ndf~catioris IFeq I~onditioru b ~ Pdmd Type aslu JAspen Land Use Permit Address 100 E COOPE0. AVE J ApUSuie 2 -. CAy ASPEN Stata CO Zp 81611 J Pami ldwmatgn :--. --:--- _ -::- .. _. Master Pemit~J Roulu9 Queue aslu07 App4ed 09I09~2006 J Project J Slalus pending Appoved~J Description RESIDENTIAL DESIGN REVIEW VARIANCE-STAFF APPROVAL Issued~J Final SubmAted RDWLAND6 BRDUGHTON 544-9006 Clock Runrorg Days I Expiros 6~30~2009 Last Name DER BORGHOF CONDOMINI J First Name 1 100 E COOPER AVE ASPEN CD 61611 Phone r Dwna lsAppGcaM? APPicant-- _._. __.__ _... _.._ _. ____. _... Last Nana DER BORGHOF CONDOMINI J First Name ~- Phone ~ Custp 26359 J ...Lender ___ ....... _ -. :::. -:.C.- -: Last Name ~-J Fist Name ~ Phorre ~- ~'GCI~ZWIS~ r~ `Q\~~ ~~ _. ... NOTICE OF APPROVAL For Three Residential Design Variances ParcellD No.2735-124-71-012,2735-124-71-013,2735-124-71-016,2735-124-71-017, 2735-124-71-020,2735-124-71-021 APPLICANT: Der Borghof Condominiums REPRESENTATIVE: Rowland and Broughton Architecture and Urban Design SUBJECT OF 100 E. Cooper Avenue AMMENDMENT: SUMMARY: On behalf of the owners of the six subject properties, Sarah Broughton has applied for three administrative vaziances from the Residential Design Standards. The applicants would like to remodel the existing building and add a third story on to the existing twelve units. They plan to renovate the units and reuse as much as the original building as possible and intend to demolish less than 40% of the existing structure as defined by the Land Use Code. The three vaziances to the Residential Design Guidelines include allowing the front doors to be located more than 10 feet back from the front most wall of the building, allowing some of the front porches to be enclosed on the sides, and finally, allowing the first story street facing element to be less than 20% of the building's overall width and with less than six feet of projection. The application meets the criteria to be considered for administrative approval for the three variances. Because the project is remodeling an existing building and these non- conforming conditions already exist, the Community Development Staff support the variances. The Community Development Director has the authority to approve the requests for variances and then must provide the Planning and Zoning Commission an annual report of approvals. STAFF EVALUATION: The proposed variances are appropriate for the neighborhood where the building is located. Most of the surrounding developments are older buildings that also have components of the buildings that do not meet the Design Standards. All three of the variances are to accommodate existing conditions on the existing building. The project involves remodeling an older building without demolishing the structure. Staff supports the remodel because the existing building will be maintained and the new construction will generate less construction waste than if the building was removed and ~ 4 designed within conformance of the Residential Design Standards of the Land Use Code. The applicant will be required to adhere to all other sections of the Land Use Code and the International Building Code. REVIEW CRITERIA: Administrative Variances. The applicant may seek an administrative variance for not more than three (3) of the individual requirements. An applicant who desires a variance from the Residential Design Standards shall demonstrate and the Community Director shall find that the variances, if granted would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with the adjacent structures, the immediate neighborhood setting, or a broader vicinity as the director feels is necessary to determine if the exception is warranted; or The current building fats into the context of the neighborhood as it sits today. The proposed remodel will not change the context of the building, as it is only addition and renovation. The non-conforming features that the applicant is seeking a variance for already exist. They are minor in nature and cannot be remedied jor this renovation. All three of the variances are the result of the location of structural, load bearing walls. Several of the nearby buildings were built in the same time period that the subject building was constructed. There are also other non-conforming features in the neighborhood. The current building, even with the non-conforming features, allows the residents to integrate with the pedestrians on the street and their neighbors in the adjacent units. The intent of the Residential Design Standards is to ensure that the neighborhoods and streets are conducive to walking, encourage interactions between residents and passersby and the built environment. Unfortunately the parking areas are located in the front of the buildings, but this cannot be changed while maintaining the existing building. Otherwise, the current configuration meets the intent of the Code and granting an approval of the three requested variances will not detract from the street atmosphere. Staff finds this criterion to be met. b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. There are no site specific constraints. DECISION: The Community Development Director finds the application is consistent with the criteria for Administrative Variance as per Land Use Code Section 26.410.020 (D) (1) (a) and thereby, APPROVES the three variances as requested. 2 .,.. APPROVED BY: C ris Bendon Community Development Director ~-, ~. Date EXHIBIT A: The variances as outlined in the application. Q(llfgiTFF Q ~ss.4°._. .,,., i N Yom...,. `2 V N Q rowland+broughton ~ x; architecture and urban design ny m ~ Q~ m ~ 28 September 2008 ~ `~ ~ ~~ -,„ o~- Todd Grange o a9 Zoning Officer of Community Development 3 City Hall o ~ o 130 S. Galena Street ~ ° Aspen, CO 81611 ~m~ ~ N a~ F U1 PROJECT. Der Berghof Remodel/Addition - 2616 a ~ o PERMIT: 0021.2008.ARBK a~ ~, CC: Jennifer Phelan (City-Senior Long Range Planner) _° w °> Mike Knapp (Der Berghof HOA President) o ° o °~~ ~ ~ ° w Re: Der Berghof Remodel/Addition -Administrative Variance for three Residential Design 3 ~ 0 Standards -Response to Attachment #4 o w A o~ Dear Todd, m A ~ w N Rowland+Broughton Architecture is representing the Der Berghof Condominium owners of 100 E. Cooper Street in seeking an Administrative Variance for three Residential Design Standards. Project Description - The Der Berghof Building Remodel/Addition project consists of taking an existing 12-unit multi-family two story building and adding a third story while maintaining 12 units. Unit #2 is having a minor expansion and Unit #6 is having a major expansion. The exterior is being remodeled. All alterations are being completed under the 40% allowable demolition threshold. Legal Description - Der Berghof Condominiums as shown on the Plat recorded at Book 4, Page 467. Lots K, L, M and N, Block 69 City and Townsite of Aspen, County of Pitkin, State of Colorado John Rowland and Sarah Broughton reviewed the project with Jennifer Phelan and Todd Grange on 25 August 2008. After this meeting, Jennifer Phelan and Todd Grange presented two design standards for staff review with regard to appropriateness to this project. Per an email from Todd Grange on 28 August 2008 (see attached), there are two residential design standards that do not apply for this project and therefore do not require variances. These standards are: 26.410.040 (C)(1)(b) and 26.410.040 (D)(3)(a). Our current plans do not require changes. This application is asking for three variances as outlined below. The review standards relevant to this application are the Residential Design Standards part of the land use code Title 26 Aspen municipal code, Chapter 26.410. Below each variance request, we have outlined the review criteria for granting a variance as per 26.410.020. Specifically for our variance application, the following items apply: 1 of 3 ~' .~.. oav ] 14 y ~~a ~~m m . o Ewe `~ V J V y rowland+broughton f ~ o architecture and urban design ~ m w' a~~ ~~ ~ TRANSMITTAL ~~~ y om.. ~- m Project: Der Berghof Remodel/Addition - 2616 n p y $ ; Subject: Variance Application -Additional Items s~ -o m Date: 30 September 2008 ~ o N To: Jennifer Phelan E From: Sarah Broughton ~' Qo 0 Via: Hand delivery cwn ° W ~o 0 sew Attachments: See below ~ ~ m , If you do not receive all attachments listed above please call immediately. 3 w Cc V . o ~ A W A O ~ ~ A -~ v ww Hello Jennifer, N Enclosed are the materials you requested for the completion of the variance application for the Der Berghof Condominiums, Permit: 0021.2008.ARBK. Included are: Response to Attachment #4, hard copy and on a CD Letter from the HOA President, Mike Knapp Title information for all units Please let us know if there is anything else we need to provide to make the variance application complete. Regards, Sarah Broughton `°~EIVED ~i-N ~i U Z~~e %;~ ~ r, t~EN ~_ ~i Der Berghof Condominium Association DATE: September 8, 2008 TO: City of Aspen FROM: Mike Knapp, Der Berghof Condominium Association President SUBJECT: Land Use Application, 100 E. Cooper Der Berghof Condominiums Permit #: 0021.2008 ARBK The Home Owner's Association of the Der Berghof Condominiums authorizes and directs Rowland+Broughton Architecture and Urban Design to submit a land use application for the three variance criteria. ~~~ / ° --~ Mike Knapp, Der Berghof Condominium ssociation President COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: September 22, 2008 at 8:00 AM Case No. PCT22253L 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Proposedlnsured: PROFORMA Amount$ 0.00 Premium$ 0.00 Rate: (b) ALTA Loan Policy-(6/17/06) Proposed Insured: (c) ALTA Loan Policy-(6/17/06) Proposedlnsured: Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: BISQUE JACKSON 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: CONDOMINIUM UNIT 1, DER BERGHOF, according to the Condominium Map thereof, as recorded May 24, 1974 in Plat Book 4 at Page 467 and as further defined and described in the First Amended and Restated Condominium Declaration for Der Berghof Condominiums recorded November 30, 2006 as Reception No. 531664. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Faz 877-2173158 Toll Free AUTHORIZED AGENT Countersigned: Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. SCHEDULE B -SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS ANDIOR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. ~. SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 309, 474 & 493, providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Terms, conditions, provisions, obligations and all matters as set forth in Grant of Exemption from Subdivision Regulations recorded May 24, 1974 in Book 287 at Page 602. 9. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the First Amended and Restated Condominium Declaration for Der Berghof Condominiums recorded November 30, 2006 as Reception No. 531664, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 10. Easements, rights of way and all matters as disclosed on Plat of subject property recorded May 24, 1974 in Plat Book 4 at Page 467. 11. Terms, conditions, provisions and obligations as set forth in Statement of Election to Accept the Colorado Common Interest Ownership Act recorded September 13, 2006 as Reception No. 528554. 12. Deed of Trust from To the Public Trust For the use of Original Amount Dated Recorded Reception No. BISQUE JACKSON :e of the County of Pitkin :WELLS FARGO BANK, N.A $ 695,000.00 July 6, 2006 July 7, 2006 :526174 13. Deed of Trust from :BISQUE JACKSON To the Public Trustee of the County of Pitkin For the use of :WELLS FARGO BANK, N.A. Original Amount : $ 250,000.00 Dated :October 31, 2007 Recorded :November 26, 2007 Reception No. :544934 r~ PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGA_ RDING THE CLOSING OF THIS. FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2020065129 RE FE REN C E: PCT22253L/PROFORMA Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: September 22, 2008 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6I17I06) Proposedlnsured: PROFORMA (b) ALTA Loan Policy-(6/17/06) Proposedlnsured: (c) ALTA Loan Policy-(6/17/06) Proposedlnsured: Case No. PCT22255L Amount$ 0.00 Premium$ 0.00 Rate: Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: JOHN G. ROWLAND and SARAH M. BROUGHTON 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: CONDOMINIUM UNIT 3, DER BERGHOF, according to the Condominium Map thereof, as recorded May 24, 1974 in Plat Book 4 at Page 467 and as further defined and described in the First Amended and Restated Condominium Declaration for Oer Berghof Condominiums recorded November 30, 2006 as Reception No. 531664. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. n SCHEDULE B -SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 309, 474 & 493, providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Terms, conditions, provisions, obligations and all matters as set forth in Grant of Exemption from Subdivision Regulations recorded May 24, 1974 in Book 287 at Page 602. 9. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the First Amended and Restated Condominium Declaration for Der Berghof Condominiums recorded November 30, 2006 as Reception No. 531664, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 10. Easements, rights of way and all matters as disclosed on Plat of subject property recorded May 24, 1974 in Plat Book 4 at Page 467. 11. Terms, conditions, provisions and obligations as set forth in Statement of Election to Accept the Colorado Common Interest Ownership Act recorded September 13, 2006 as Reception No. 528554. 12. Deed of Trust from :JOHN G. ROWLAND and SARAH M. BROUGHTON To the Public Trustee of the County of Pitkin For the use of :AMERICAN MORTGAGE NETWORK, INC., A DELAWARE CORPORATION Original Amount : $ 900,000.00 Dated :August 10, 2007 Recorded :August 17, 2007 Reception No. :541132 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE_CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2020065129 REFE RE NCE: PCT22255L/PROFORMA ~, Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. n-__~_...__~-_.____..~_~re{_... _-__.__...... .-_... ~ GbFIMI50H ST (f ~ . _ENTEFi JT. ) ~_ _,~~_ _ wro q® C r v 4 l.. ~ ~ I o S ~ G, i t ~ ~ 4 ~` ~ ~ q S j v r E t ~ S A t -- ~` -- --... fE s - ~ i ~ ~ {~~ ~~ e 3 f'l~j 3;p?pit~l{' ® 43 5 AI ]]p ~ 1 3 AY $ ! A ~~ 6~~4 ~`.i ¢ 77 5 ~9 p ! 8i i~ ~ : tt a t f:`1 pp~'1~si( ~ i i ~ ~ ~ ~~ fit ~F 7E6j. Y :` ~ iR ~ t `.'f Y 6 A •if. Ff¢g f'- ~A 5~. dp9i tj f Ft} ~i if2F Y u 1'~ E ~ 3 itf 4:[~• ;S e `g - 5:=~.Y a ~: r ~Qag ~f6~ 6. e 9 ~ i ,7 e [ f ^ i `~ t a ~ pp{{[e[ ]£~ e E f ~~ t ^t i ~` H f 3 ,~AS ~ tae ;3 ett8 ~ 9 ¢~'~t • ,q3 Ri as ~~~ ~ ~ . ~ )-`' . A ~ • • .6 j v i~iEj~f ~ ~ Yo ~j a op ,Y Ef c € ~~r. i ~ i ,• ` . • ~ ~. © ~ .. ~'.r ,.. . __.. ~~ .. f~ P 8 P A q O qH b N vz c NP.IE rv°w ° ~ = 6 ~~ g ~ a ~ Me , S°' omRm~~® ~ b~ ~ ~~mm~®~ w d y.®D,e ® I W € L 3 .~ G ~ ~ a "u . . nL R~ r.., ~i ~{~; -- -- -- _ --a---- ~( ~ ~ e ~_ R ~ . ----a ^ ' • ~ s ~~ i y 1 f fa~ XS I I r }--yyyl ,' i 0 t r F~8 •~i '` it C _c._ ... .. - _ FS ~' s J v E C ~ F¢ r: ~ ~ N s ~ ~ ._ .1 0 S F1 4~~ F po' ~F r n 9 a D 8 i i V P R d ~u f ~§~~ e 6 P' ~ A ~4 ?' f ~~f ..Y 'qf I'--- a f i -~ ~' STATEMENT OF ELECTION TO ACCEPT THE COLORADO COMMON INTEREST OWNERSHIP ACT C.R.S. 38-33.3-lOl,tt seq. BE IT KNOWN THAT the Der Berehof Association, the association of unit owners for the Der Ber¢hof Condominiums, Aspen, Pitkin County, Colorado (refereed to herein as "the Property"), as described in the Condominium Map thereof recorded in the real property records of Pitkin County, Colorado in Plat Book 4 at Page 467, and as provided in the Condominium Declaration for Der Berghof Condominiums recorded in the real property records of Pitkin County, Colorado on May 23, 1974, in Book 287, Page 539 (hereinafter referred to as the "Original Declaration") has elected to accent the arovisions of this Article 33.3 Title 38, of the Colorado Revised Statutes which Article is known as the Colorado Common Interest Ownership Act (referred to herein as the "AcP'). BE IT FURTHER KNOWN THAT: 1. 2. There were persons entitled to vote on the question of whether to adopt the Act, and such question was considered by the members of the Association at an annual meeting held on Saturday, September 2, 2006, and at that meeting the members of the Association elected to be treated as a common interest community under the Act, that a quorum was present at the meeting, and that such acceptance was sutborized by at least sixty-seven percent of the votes that the members present at such meeting in person or by proxy were entitled to cast. The names and respective addresses of the officers and directors of the Association are as follows: Michael Knano President Barti Bourgautt Secretary Treasurer Bisque Jackson, as of 9/2/06 Executed and Acknowledged as of the 2nd day of September, 2006. THE DER BERGHOF ASSOCIATION Michael Knapp President Name: Secretary IIIIIIIIIINIIIIIIilllllllllllllllllllllllllllllllllllle~980 0 00 2:tZ STATE OF COLORADO } } ss COUNTY OF PITKIN } The foregoing instrument was acknowledged before me this . Michael Knapp as President of the Der Berghof Association. Witness my hand and official seal My commission expires: STATE OF COLORADO 5~19/d9 COUNTY OF PITKIN } } ss } ~J ~ y of September 2006, by Notary Public J ww+~~ The foregoing instrument was acknowledged before me this day of September 2006, by as Secretary of the Der Berghof Association. Witness my hand and official seal My commission expires: Notary Public ``IIII II II 528554 IIIIIII IIIIIIIII~I IIII~III IIIIII IIIIIIIIIIIIII IIII~III 09 B~3D20~0 2.12 JpNSCE K VOS ,J STATEMENT OF ELECTION TO ACCEPT THE COLORADO COMMON INTEREST OWNERSHIP ACT C.R.S. 38-33.3-101, et seq. BE IT KNOWN THAT the Der Berghof Association, the association of unit owners for the Der Berehof Condominiums. Aspen, Pitkin County, Colorado (referred to herein as "the Property"), as described in the Condominium Map thereof recorded in the real property records of Pitkin County, Colorado in Plat Book 4 at Page 467, and as provided in the Condominium Declaration for Der Berghof Condominiums recorded in the real property records of Pitkin County, Colorado on May 23, 1974, in Book 287, Page 539 (hereinafter referred to as the "Original Declaration") has elected to accent the provisions of this Article 33.3, Title 38, of the Colorado Revised Statutes, which Article is known as the Colorado Common Interest Ownership Act (referred to herein as the "Act"). BE IT FURTHER KNOWN THAT: 1. There were persons entitled to vote on the question of whether to adopt the Act, and such question was considered by the members of the Association at an annual meeting held on Saturday, September 2, 2006, and at that meeting the members of the Association elected to be treated as a common interest community under the Act, that a quorum was present at the meeting, and that such acceptance was authorized by at least sixty-seven percent of the votes that the members present at such meeting in person or by proxy were entitled to cast. 2. The names and respective addresses of the officers and directors of the Association are as follows: Michael Kna President Barti Bour ault Secretaz Bis ue Jackson Treasurer Executed and Acknowledged as of the 2nd day of September, 2006. THE DER BERGHOF ASSOCIATION Michael Knapp Name: Bart' ourgault President Secretary I IIIIII VIII IIIIII IIII VIII IIIIII IIIIII III VIII IIII IIII 5 ~85e06 02:12 JBN[CE K VOS CPUDILL PITKIN COUNTY CO R 21.00 D 0.00 o STATE OF COLORADO } ss COUNTY OF PIT'KIN } The foregoing instrument was acknowledged before me this ~~ 41ay of September 2006, by Michael Knapp as President of the Der Berghof Association. Witness my hand and official seal Notary Public My commission expires: STATE OF COLORADO } } ss COUNTY OF PITKIN } The foregoing instrument was acknowledged before me this ~ day of September 2006, by ~ Gttc~.. as Secretary of the Der Berghof Ass~oci~ati~on. Witness my hand and official seal Notary blic My commission expires: S~19 f o~ w ~,a aeoo { 528554 INIIIIVIIIIINNIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIII®99~3D 00002.12 JpNICE N VOS _ _ _ -- medndsed ~~~~~~~~./hlada rhm 4.~ "--- _..av of _.roW -._ - _-__. __.__.-._. Wfim ar . .Rd~cr-.=-betaam Y G Ytlmr u ~ - 7~ d eu Iad ar tho~md aighahw8yl W J dghry Camry wd Rehm IadRe d W comp. d PYda, ie th Sbm d COlorsdo, m r.aewrm Y a/s of . ._...___... W. Dean, come.ad rrahm Jadaa d mY Pitkm Cauaq, d dm dart --.-..-. . _.. --~ - _ - -..~_....... ,f~~- ._......_... i __------- - .....-- --- ~ .vfo,. dth Ceaery d Fkhie aml sew dComadq prry dth auand put. t ddcn and MII'AHARrY. 1'YlT MaIAAHdB, order th provirrou of th Ad d Cagrau, aatitlad •Ao ad for th teRdd th lahsbimda d ehiu aad mm~id, die totru Waa the publie maa.," appm'ad hlawh a, td6y, J. W. Oweq u Cauary aad Puhde JoaF d eaY PRYa Cwgy h We mam atAeuY, dY he tornepe mah . bwedm ash wiry mdu dam d Jme a. rpt, is th Uaked Suter Ioad Oadoe d I.mdvitls, Cdeeado, br the 4ad deserihsd u the Owaehr dghU aad d Aspwi saY wtrY haiag made m twrt far the unaal uu aed 6eodt d the auupob d seY toraria aaonding m drab nmputlw dghb sM t°Y "r1dY, ioteraab menm. Whieh aaW "^trY nas, by order d W Cammbdoau d the Gwual LW Oaks deh Velma Sfsbq made u tlm tRN dq dlay, A D. tdat, sespeoded, and m the ft4 day d Ysy, A D. tYq, by uM CammlNaear haY far eaeulheW, f the[ date, 1RD MdAAaB, m the tYh day d July, A D. eSt4, Ma HoaonYe Semrtsry d th Imedor of th Udted Serta by u udr d the des, albred uY Wry m h made. arty onto liD M1a~AlA, the Uaibd Stem d America dfd, by ib certain patpR deed had^A dde d Wren a, A 0. tpf. gln, pmt aad awry mm aid tract the wid J. W Deem, County aed Prabam )edge u abramid, is trurt u sfemmY, aad m hb auammon aed auipu m trek u afotweld, eh mY bad Wemanto above dwaihed m haw aad m LoY the asmq together uRh og the d hb, vi . abremla uale the aW W. Duce, Cmmry eml Probem R Fd iWa+t bnmmNW aed apprhmenna d rhatamrm wlau thruda w wd tln ~~ AD NHBY&d8, m act d me Gmmml A J~ u a4mald, In ford u aAaerY, aW m A4 wcmuur eed aulgae m Wm r dmarld a afnremld d mle io tarogb wmeN u m e hMr,~' ~ of the Shm d Cabmde, entitled"Aa ad b prwidr for the dYpoW d sera lab rd IM . Yilip b the ~ elWl h aigmd by th Coud Probate approved eh ert day d Yatdu A D, ta14R h pemhbd the wha lad h aabed m aRteadd y lodge w hh aumuwr in emu, order hm privrte sal Aao Waaaaµ the eeY Y. R YIRer 4 We waemor dwW J. W. Dore r fmuty cad Prohb Judge dPitlrm Coumy. p~ , _ _.._..... IAD MA~IaB, h aPPwn tlert.... ...Zeus,a/s.~.L.JC'n<xeG..ef....r~~.arc.[~ifeerneua~..-.Lr..--.--.......------__ .... umry cad h;mlly emtltled m Iw, 6locka aad reeb d -- .. ...__...--------------....-. p gwuod hmdmPer deserPoed u tlm ri eful ... .. ...___ ............. peuWan daub aad every dmY lom, blaeh aad parole dimd. ~ °wupd thetso( aad 4 eohYkd m the oerupnry sad ew d We ADM. T~'BY$ I, Y. G YNu, Couory a.a Nahb Judge a( Pitkin Ceuoty, to W 9bm d Calatade, m emePSaam .hh W We d eM d, aad 46 Sorb d Colorado, and by vidw d Au prcmtrati and 6dng the wemem is oaks d J. W. Dean, Cmary and Prahate lodge u afanasld, sad hh ___... eoemrer m beet, in ewdderatlu of the. _ ._ g~~ _'_ - _ _. _ _ .... .............. l7LARF, nhu aad tut awb d 9. ~ ~ - pra (R__.~7y~ .................) M!~'?1.fi.r ~!!1... ... _. _ DOLLAL4, granted, ladd mosey of fh Udtetl Stdw, m me m base pia Ly gw mW prty d the aewnd _.. ~........ ._..... Wbung 6argslaed, wY aed emveyml, aed by them ptesewe do gnat, bergaiq all aad caaflren ado Wt ~phMedrx hrr.hy uhnwledgml, hen gmaard. cdando, deemihad Iob, bbcb and parcels d lend, PW d the aecwd pd, ell W Wiwbg aRaam, IYia6 cad being V Mpw maaehe and Chy d Aspn, la the Coumy d PNkb aW Sbm d Calmtle` m rdt : '/ y Q~ ~p Q +, ~~ 7~ /~L•d%rc aG ~ Ant /)`7'~~9G /w~(pou.-..G C6 /~ ~~//.t~a.~, .~a.....~~+.rO;c-~4i M-Gl~ q~o .C1~tG~+G~i .n-G,/iftGei a.ia- •tZ'i1i, //jJ i.0 2~.LLr~ ~.. :,,,,,,,,, g'0 HITi 1AD 7D HOLD wo ertd lase sad premiam, mgethn.uh .u aigbev, prMiegxa, imeutltim ue Wpaabnaau d atWaxae edun eheraonm 6eleegiag a m mywW ygmrtaioiy mm tie mY._ .. ..........._..... j ,7 ' -r K.raG.....hsim ami areigm (erever.~.~. daim m ~AAa HDMIE-O, that m tltle eWi h hndry aegairad m my miw d geY,riles. ebwhr m wppar, u wsq wgdmifatelWa u nhntlom poumtlw held under edrtibg hw; and provldrd fumhm, thrt lhb deed b hmiy made sad detdatad m h a6)ed m aA fh waagiaaR I-IsWler asd restrittlor wablmd Io Sediw s786 dth Aevhed Stdums of the Uehed gbeet, w 6 u the ssau h sppRoYe fYmNa. d ). iy, IA MIDfH O®iDF. 1, Y. G. YNr, CwatY sed Frahm Judas d P(lkis Ceusq', N eM StW d CnMmda, wrwee Y iu d J. W. Desoe, u afomaaid, hen hetevam cat ap bud and admd eta prism aed the ~ as~a/d ynrQfl~~e eboyw~~eRm~e. . iasu _..._._..........._. ..1"1.V....d:l_./~!.J.1 ..................._._.........-~ m.mrwurwr.rwemA STATE OF L"OLORADO, ex r and br QOVNTY OF P[TXIN. } I, .,.Y.!/...........X.F 1/.~./././//~.~'/.u-~ ..............a Nwsq hhlY YSad aM he tm mY CwdY. ie eh Sbm afomuY, hMbY emtlfy cad Y. c. Ymsa pmwsRr im.. m ms m be w :oe ed r7 - 0~1 penm thou acme m w6udbed m the .ueaed deed, oppmnd betas e< orb dq le pv.w sad edged ,6 ~~,r~"/ uckuowkdged flat he exemtad the came u h6 edwbp W sad dud u CmrtY wd Frebste Ju.:ae d the Ceuaty dPithk, Smm dCabradq br the eases and~01~ re Wd dud srt fmprr- rn/~. 4'f ~ WRms my had aed aemeW rd thu....aG. ~ "/°~ - - y-_y,-/.... d4' dQ7 ..._.- argaWr.ats_(ll riQ'T~~ :°~ a,(f( ••_ _ ~ .. arywr".. vwv:. __ . ~ - ~ --- t ~ M. I Filed for taeord m ths...,L.~.._i..~.... sly d. - C!.:~' _.... A D qd.8.. m dd`....o'eioe4.. rr~ '-.. . i ........... emrdm~ ~ ~ /t.~U_ .fS kd C1L f^.i,1.tL _ ..._ A „., i ~,ay, ~ _.... _ . .... . DsPe4 ' X'L' „~ ~ - j war tltr._....~_........-----._----....._-aq. d..... _ --...--. r ue yr, d er taco om thoarad eigkt k.aa m dgYy./~~9~~.'~k~~ tug 1[. G. llilka r Cmmb rd ProhNe J d eha Candy I71Ym.s the Sale d Cdrado, W wc'asr r a~tn d J. w. Dwr, Comb cad Proher Juaga d Wd Pkhh Gavq', r pub d the sad geR, ud.---_-------------._---------_' d the Coro d PkNc ova Sbro dCdaWo, pay dth rcoed pR. I-@E~lle 17IAT IfH611Ek4 seder tm pevidrr d th. Ad d Ceagrr, aatltlad •As m far the relkfd the W Wmrt d ckle eaa ter u tm k body" roared weal a tSb. J• W Dane r cawab+nd Ihohch Jadgs d Wa Pklda Ceub, r tie.bh.htarid, Oid ram . wmn r~W entry sods dab d )nee a, tut, h the Uekd 9trs Led Omen W InadrSr, Gisado. for the hod dererPoW r the tewnrib; d Aym; add eelry miq made Ic trait fs the aeeed re avd 6mm d the acevprb d rW rowWtr tnxatdrg ro thetr rrptMre rightr awl Icrrrb thereW Whkh nld actry rr, hY ads d me Cmrirrre d the Greeral Led Omr dfM Udetl Smr, rode m the tgtlt day d foiy, A D. tpt, nyeedad, ad r tm Sth try d Nay, A. A tgk/, ly rW CemmiWoes bald W eenWrtme. IHD ~ r tm tlth by d Joty, A D. tBy, tM Hatarabb Saershry d We Ivhrbr d Wr Uekd Strtr by m ads d the dab, aSowd add evtry m Ir Dude IED OHIHHtIS, Oe Ueked State dAmerin did, by hr osOdc pad deM 6rdq dde dhlrch g, A D. tggL dRgrr ad eery mto the wtd J. W. Der, Cmdy std Pnrmm Judie u arsrid, r temt r ahtraid, and m hr auemeata ed adpr r true! r drrdd, the rM inct .ha.e drrrl6ed, m ire rd. ro hdd ev use, tagetmr wkb as Ws tight, peiallegr, httmuoWer ad appetwrer d trhetraaer ttdma Mmamo Mmvghg aam the nd J. W.1)rae, Couch cad Pramb Judge r afoteaid, h trot r afaork4 rd ro 6r wwewaou acd aadgva h trmt r afwenhl AHE TJHHHEAS. by m w d the Gecerl Aaaemhy d th She d Colrrb, entlWd "Aa ed m ptwide tr the dhpfiW d mvm im ad Wa ptoorde der r towWba eabrvd upo pWlk rwb,° ypmved the tt 6y d Idarch, A. D. tagt, k r prided the wMa had h ached r.rteaid the duds WaS m dErd by me Coady eed Pramb fudge r W atierw r amt, rdr hr pdwM rLL Am Wttttttaaa, the rM 14 4 YSkr r w aueewor dual J. w. Drue r Gunb cad Ptomb J~ of P~ Gr4'~ . AIID IIHIIm1& k a-pean thd._......... _._.. .__. .... .~._.. ~__._...__-._. ~ ...._. _..........._ ......................................................_ ....._..........~ ~/~dA.~ti~/i tepily eadlkd m lot. b«m rd purr d groaod hetdcaaar rkacrBrd r tm ry41fa1 «upd etisrrf, rd b eedtlM m the aaecpery rod prrtrlaa dasi and awry d Wd lob, 61adn and prat d Wd. IN1- THSHOtl, t. h4 G. YSMq Cooab rd RW W Jadga d IMtklo Comb. r W Stab d Cdatdo, h «mplrss .hb Ws Irv d the stye d Cal«ado, sad by ddua d the pemlrr, aed bdog ehs wmrror r ome d 1• W. Dena comb and Pride Juaga u atoterW, sae hb .mrea.ar lc tnp, is coWdeWlr ~........_....... _.__........._y..H.._............_.._ ................._.......__._........._.._........_..._............--- pwnrx m the rm d (/._.....,~.........._.....).......~~r..~`.._jyy~~~dd.c._..-------------------..._...-~--~--------~---~OtLADS. Icwhl ewaey drib UdteJ sales, m me r mod pid M the rid pety a(the rmod ptq tm reelpt.wheredb -erby rkcowkdged, ban gamed. hargdoed, add and amveyed, and by tier ptexoh do gamy batpis, sell aed aeaare mm the rW PadP d tm rrwl pay W Ur fdbwrg deecrbed lob, hbcm 1W prat d rod. ekmoy IYiag and kving h Ayes mwoMe and Cky d Atpa, m tm Coady d YNdu and Srm d Cdando, ~~"."`~ TO HATE AED TO HOLD the rW tad and pemitea, together wkh cS right, prMr{ay hwmtlr acd yputareexr d wharosar Wwe oyi gyetbioing .0._.__..•.__._. y__~.g-___~__._.._.-_______.__.. ehrrem also ne oro fm Wd...__.__.. .~letPLlG:.hdre sad edge. fwaes. 190TDHU, HOWET~ thm r tkh rkaU m harpy acquired ro ry Wm d gold, dlvs, dmwW s oapps, r m cq rSd nrYg shim « pr.adm pent mace ..ring rwr: sad ytoaaea mths, ihu Wr sees r haWy rase rd dedrad m be aakJeu m ell We «oditloee, xribaor sod rapdrarr wwriued In Suction oath dW~ Rrne,ed smote dthe Vnked Stm., b fs r W rme h appllr6le lkrdA Ili AITlI~ T/HItHHOP, 1. m. G Miker, Connly and Pmktta Judge d PRkln Caocb, m qe S40e d fdstlo, awxeror m o6ce d J. W. Derv, a domnW, hive mtmmm.et ry hand .na.mtrd my prime rd the dy avd ym ar Wee wtitba STATE OF COLORADO, OOUIiTY OR PITKIN. r t _ •• f~ • _ __ airy pokik h and Gu rid Comb, io the Shh dorcrid~~d~ IL G.11iSar, peraorlly known m one b m tm c. ~Ij L/ per w-ra rme h rmWbed m the anrrA deed, appmed btfre ar the dq h perm tod .e4cowledged thW 6e rteeutea tka rme r W edoalry oat and dud r Comb aM [hdtW Jade of tm Gab d PdHq Sme d Cderde, 6 the urgqed ptprr r dd deed Wp(c7W, / O1 Wkurr my mod and ootrdd d thr.__...t. ~'_ .day oyAc ur~W~tL. AAtp~_ .._..__~i~'~.I/~"amwtr _-__ Flkd fs teord a im ................f:.. _........................dy d...... .. yD. tYr-.et..-~JtC___Bamek_..J~m' n A/ ~..iti _ _ _ ~.._ _ a_....rr. ~-'~" ~"~ ~v v __. j tdade fhi......_. .. ....__..._... .._.-_day d. V' ... _ie dra dourlpd oee dqurd _ ..__<. ysar eigY MaadradW ~htY .. ...hel~em Y. G. Yi1M u Cauery W Prehrte Jdge of the Caurty d Ptioe, ie the Sam d Cdwadu, aeJ sucwwr ie ola d J. W. Dena, Cemry ad Proham Jndge d aid Rdei Cmaty, a party d the bat put, ad._.-......- dtmwatydyttldvandSMedCobado,Wrydthawmdput. _ _..__..._.....___._..........._._........- pJngf~lJS,1'l1S 1-H~116, uWa the proriaime ddm Act d CmPati tatitled' N art fir N Mid d LLe lehahitaab d side ad raves upm the P'~ ~" aPW^W llueh s, ttlby, f. W. Deese. n Cowry ad yrehate Jdge d rd pNHa faaery, k th. abm d/rsid, dY make a tomodm Wh wiry uder dam d Jae a, rpr, to the Uedd Sate Iced Ola d latlrilk, Colorado, for the Wd described u the teaydle d Aym { aWl eetry hemg eeadea trop fur Ihv wrvd ow ad heae& d Me aesopnnY d eed meaafm arceNieg m their eeywtlw ddrm W laraem theNn ~ ua m w sth m~ ceder d the cemmkaina d the Cc.nal Ltl O&ce d the D.itd StaW, made w the r9tY dM erluh', A P. tght, wrpendd, Y d Kq. A D. t1le, by said Camad+aiaea heY fxokdheiee. I1tD 1IY01I& m the tlY dry d July, A 0. rdtd, the HamaYe Smaary d W lakrior d the Uakd SWa by u on d tYt dam, aMud aid taby m M mode. LAD 1pm6dN, tha UaiM Stoma dAmeria did, by :te wmk pamd dad 6enrhq date dYush y, A A tYp, gIW, grr W etaaeY mm the aH J• W 17aeq Coa4' aed PraWm Judges n akradd, i IrM a abraaid, ad m h6 aaaetawa ad aaldr N Tart a afauaY, ties rid tract show dsaaihd. to haw ad m hdd the crag together tip all the nghq priadrgn, boaaitke ad apputenaasea d r14aYawr adaw themdo hekogiag acre the /aid J. W. Deem, Camq ad Prehsfe fudge n aforedd, iu hurt a afaotul, ad m hies aumawa ad aripr i lerut u akredd AIO /I1NYYdN. by a ea d the Ward Aamhy d the Stem d Culatad0. erttkd •Aa act m pre.ide kr W dkpaJ d loves IaY ad the pwaeb d de N tonudka ealaed you pddk bodes,' aPPeord the Irt dq d Yawh,A D. rat, it is proaided the ~ha IYd k ramrN Y akreald the dwelt ahdi ha dgmd hY the Couary ad Rahpe Jdda or his.oaeeaa Y alw, aada hi prink aeaL No Wpaw, the eaY Y. 0. Yilkr k the auowaar dald J. W. Deem a Courty and Peohpa Jadge dPdhie Couar llm F1ald9r d aPPwn kplly eatitkdmlam. bloeh. and parWadgr~ YoAader eertrbrd n We eigMfd aaopnet theeeaf, and 6 entitled m W saWeaeY aed pamaaim derb ad every dahi lab, hladu aed puwb dlud. NOlI. 171YlYPdiY. I. Y. 4 Yilkb CeWY cad Prob-te ldea d Pilldu CWry, i the Serte d Cotaado, is comdiaeee edU the ba d tN Stem d Colorado, ad 6y einoe d the pamiaea, ad Lei` tYe aaavaam in ol¢ d J. W. Ihaae, Coaty ad P.abre Jude a domaid, and 6k mraeaor k mmt, in emddaratla d ..... ..._ .. - __ _..._ ......... pmmieaad the wmd(j..._....~ ..._._......)_.-.Y•.~~et2i __- ___. ...,.DOLLARS, 1au61 moray dUm UaAd Smka, m ue i hand paY M the add prgr d the aewd part, tk rcaipt ~heredi herthY daevledpad, haw paakd~ hmNdad, geld ad exmwyed, and 6y then prewW do `rat, bvgdq adl ad wain asto the saN parry d the egad pan, dl tlp folkttiaf dam3ed loly Wooka and parala d toed. agora, lying ad 6eig k Ayes mane ad GY d Ayw, i tY Comfy d Pithk ad Smm d CdaadO, TO L1Y AND 70 HddD the aaY lead ad pwmiwa, m fe6n mitle all dy6m. t.mrtil0v. ~° ad appxYemw d mFabmaw Wow theaaoto hdmglag m b W'~be NWbiaiR ato the Wd._.... ...:.Efe42.._hefn ud aalPa finem. a m eaW eakitg ddm a P1I1~1ttYli IRlI/YpAa that m title aW16e haehy sega.ed m any rake d gold, dlwy efaaahv a copper, W poemadoa held adsr aaiWag kn; ad prodded drrtheg tlmt dies dad m heeeby wade ad dedaral m 6e adrjeG m dl the nadulaaa. Iimhadaea nd reabiplaaa mammd k Salim ald6 d the Rerimd Smtme dthe Uahd Stpa. a br n eke aae k appfiaWe ehlatn A R$'N!® lI®OY. I, Y. G Ydky Caoq rd Pea We JedPe d Wke Co..ty, is 6e Snk d Cdaado, aataaw i oleo d J• W Dnae, a akreaaid, haw 6eremm vet my had and alrrd my prism ad the dqa/yd~~/y~,aar 6a/te/dwan/u/~.~rr/~N~m~°/.//~,. 9TATT+' OP' COLORADO, t •//1n/.~.,W {/t~~ ~ ~ ~//y/a/~~.(~V n Nda7lhblk N rd 6r WUNTY O PITIiIN. n L-..r../--~-----~--Ffr-"-_^"'__" .. .... ... .... ........._.._ old Cacti: N the Stem doreaaid, body wtii•'-~ r. . rater. pnamOr fora. m ma ra h.~ paW arhoa came k aahactrled a Ihu Weal dad, appaad hefew OC thn day k pcnm adrwkdgdtWthe eaadedtb Wmnhh ~T4a d~~~~ J' ^'~ Jdgad s~ ~ theCam!/ d yAki. Stec dCotamb, kr the w , - - ~ d_ _ ,.~4..., etrtfLila Wprr ary hmdetl carried dda...... -/L,~_.._.__._ f/ . _ A 0. tdd.l I~ %/L v i~'~~Z-fFKe....!e~.........._.--:_ - -.-._ ~ -~ ~y-- ocktk.__.Y.. a. Feld far woad m the .._...~~......_ _._ -..d9 d.~GU' .~.,~/ -.A D. rq~ at ~'..... Recorded at 10:02 0' C~k :\,;!. *lap 2„ 1574 7. _ Reception :.0 167658 ~ PeggY E. Aii klich, REco rd er ~"~ ,- 7 GRANT OF EXEMPTION FROJ] SUBDIVISION REGULATIONS /M~ ` WHEREAS, DER BE RGHOF CONDOMINIUM has applied for exemption from the Subdivision requirements of Chapter 20 of the Municipal Code of the City of Aspen, and NHEREAS, Section 20-10-(c) of said code provides as follows: "(c) I^ a case where land being divided into condominium interests has, prior to the effective date of this ordinance, been platted into lots and blocks by plat recorded is the office oP the Pitkin County clerk and recorder, such division of land shall be exempt from the definition of a subdivision set forth in Section 20-2 (a) when, in the judgment of the planning commission, such platted land fulfills all pertinent design requirements contained in Section 207 of this chapter," and 1fHEREAS, the DER BERGHOF CONDOtINIUM, situate on lots K, L, AS and N of Block 69, City and Townsite of Aspen, will have satisfied all pertinent design criteria of Section 20-7 on fulfilling certain requirements, which requirements are a condition of this grant of exemption, NOW, THEREFORE, BE IT RESOLVED BY TAE ASPEN PLANNING AND ZONING COhIMISSION,, ASPEN „COL0RAD0: 2. That the DER BERGHOF CONDOMINIUMS, located on lots K, L, M and N of Block 69 of the City and Town site of Aspen, Colorado, be exempted from the application of the Subdivision Requirements o2 Chapter 20 of the 6SUnic ip al Code of the City of Aspen; 2. That such grant of exemption be conditioned upon a. the applicant constructing curb, gutter and side- walk improvements on that part of the property fronting Garmisch Street, such improvements to be completed on or before October 1,.,1974; - b..-there being provided four (4) parking spaces off the public alley and to the north of the structure oti lots K,. L, M and N of Block 69; c. the applicant provide one (1) parking space off Garmis ch Street but on the property of the applicant; and d. the applicant close its continuing curb cut off Garmisch Street and remove all parking Prom the city right-oP-way. ~ n Dated April 16, 1974 /SFA`~~ ~~ Chai/man Planning and Z ing Commission 1~ C ~~~,~ ' ~ duly appointed and acting deputy city clerk, do her certify that the foregoing is a true copy of that resolution adopted by the Aspen Plann in6 and Zoning Commission at its regular meeting held April 16, 1974 ' ~F~;tt ~Ji? .'L~~ Deputy City Cierk August 5, 1998 Der Berghof Condominium Association C/O McCartney Property Management, Inc. Building 421-G / AABC Aspen, CO 81611 Re: Responsibility for the installed skylight above unit #10. To Whom It May Concern: As a condition of Association approval for the installation of a skylight above my unit, I agree to indetmufy and hold harmless the Der Borghof Condominium Association for any damages to the building and repairs necessitated because of the Skylight. 1 acknowledge responsibility and liability for any problems arising from the installation of the above-mentioned skylight. Sincerely, ~ .. Lucinda Morgan Owner unit #10 ', 111111 IIIII 111111 INIII IIII 111111 INII III 11111 III IIII 4z.osi Niesnp~ rs~aer gallLNpl Diwss suv: 1 of 1 R •.OD D 0. D0 N D.M ~ITKIN COtI1Rr CO © ~ INNII~IININIINIINNN~III~NIIaNN 53e6~4os:u JMIICE K VOS CPAIDILL Pl TKIN CIXM7Y LO R 2t].B0 D 0.b FIRST AMENDED AND RESTATED CONDOMINIUM DECLARATION FOR DER BERGHOF CONDOMINIUMS 0 III IIIIaNInIIIIIINIIluNIINIUIIIININII 5~ asp ~.zZ JRNiOE K VOS CIaIDILL PITKIN COUNTY CO R ZOr.N D •.0! TABLE OF CONTENTS ARTICLE 1 NAME ........ .... . ...................................... ......... -1- ARTICLE 2 DEFINITIONS .... .................... .................... _ ......... 2- Section 2.1 "~" ................ _ 2- Section 2.2 ~riicles" or "Articles of L corporation" ........ .. _ 2 _ ....... Section 2.3 "Association" ............................. ......... - 2 - Section 2.4 "Boazd" or "Board of Directors" .............. ......... - 2 - Section 2.5 "Bylaws" ................................. ........ - 2 - Section 2.6 "Common Areas" ................. . ......... ........ - 2 - Section 2.7 "Common Elements" ........................ ........ - 2 - Section2.8 "CommonE~*ses" ........................ ........ _2_ Section 2.9 "Co i - id S n " .............. . .. ........ - 2 - Section 2.10 "Condominium" ............................ ........ - 2 - Section 2.11 un ................................. ........ - 2 - Section 2, l2 "Electronic Record" ..................... . ... ........ - 2 - Section 2.13 General Common Element .................... ........ - 3 - Sectian 2.14 Governing Documents ....................... ........ - 3 - Section 2.15 'ted Common E e is ................... ... . .... . 3 - Section 2.16 Ma'ori .................................. ........ - 3 - Section 2.17 N a ................ . .................... ........ -3- Section 2.18 Moirteaee ................................. ........ - 3 - Section 2.19 a e or MortRaee Holder ................. ........ - 3 - Sectian 2.20 Occupant ................................. ........ -3 - Scction 2.21 Owrxr .................................... ........ -3- Section 2.22 Person .................................... ........ - 3 - Sectian 2.23 nit ..................................... ........ - 3 - ARTICLE 3 LOCATION. ITNIT BOUNDARIES COMMON AND LIMITED COMM ON ELEMENTS .......................... .......... - 4 - Section 3.1 Location ................................ ..... .... -4- Section 3.2 Units and Boundaries ...................... .......... - 4 - Section 3.3 Ri¢ht to Combine or Divide Inits ............ ... . .... . . _ 4 _ Section 3.4 Additional Units .......................... .......... - 5 - Section 3.5 Common Elements ........................ .......... - 5 - Section 3.6 Limited Common Elements ................. .......... . 6 - ARTICLF, 4 ASSOCIATION MFMBER HIP AI LO ATION OF VOTE AND ALL~O ATION OF LIABII ITY FOR OMMON EXPENSEC ............ . . . . _ 6 _ 53164 II IIIIIIIINININIIIIINIINIINNINIIIH ,~~~,~e:~ ~:Z~ JiW ICE K vos CauoILL PITKIN COUNTY CO R 2e1.00 D O.ee Section 4.1 Members ..+ ....... _ _ _ _ Section 4.2 New Additions to Cnmmnn Fto..,o... ~ ~ ~ ~ ~ ~ ~ ~ ' ~ ' 6 ~ ................... .6- Secfion 4.3 VOtlilp .................... - 7 _ ................... Section 4.4 Creneral Allocations ....... _ 7 - ARTTCLE 5 ASSESSMENT^Z' . .............. ection 5.1 ...................... ....... P}~pose of . se meat ......... -7 ........ Section 5.2 ............. f reation of the i ien and Personal Obliaation ........ - 7 - _ Far Assessments .. Section 5.3 ................... ...... Lien for T tt~na~d Ass sme .................. ........ -7- .... . 7 - Section 5.4 I~linpuent Assessments ... Section 5.5 ...................... Computation of Bud et and Assessment .......... ....... -8- ...... - 9 - Section 5.6 Special Asse~n++P~+a . Section 5.7 ......................... Specific Special Assessments ....... -9- Section 5.8 ............... . . Statement ofAcco~t 9 _ Section 5.9 ,,,,,,,,,,,,,,,,,,, ,, , Surplus Funds and .nrrlrnon Profits ............. ,,,,,, _10- ...... - 10 - Section 5.10 Borrowin¢ ..... ............................ ...... . 10 - ARTICLE 6 MAINTENANCE F PONCTRTiI'['y,,,,,,,,,,,,,,,,,,,,,, , .... -10- ...... coon 6.1 Maintenance By LHe Owner .......................... . 10 - Section 6.2 Maintenance By the Association ...................... - 12 - Section 6.3 Mold and/or Mildew ............ . ....... . -13- Section 6.4 Inspection. Maintenance Renoir ~a u placement ofHi¢h Risk Components .. ................................... -13- ........... Section 6.5 Failure [o Maintain ................................. - 14 - Section 6.6 Mechanics I,i~ ......... .................. - 14 - ... Section 6.7 Mai~ttenance Standards and Interpre*Afion _ 14 _ ARTICLE 7 ARCHITECTLrRA L CONTROLS Section 7.1 .. . ............ .. ............... Authority of Board .. ...... - 15 - Section 7.2 ......................... Architectural Standards ...... - 15 - Section 7.3 ....................... Alteratiop of Units and/or Co mop Ft ments ..... ...... - 15 - .... - 15 - Section 7.4 Required Action by the Boa~cj .................. .. ..... - 16 - Section 7.5 Encroachments onto Common Flem nts .......... . ... - 16 - Section 7.6 or dition of A v 1 ... Section 7.7 ................. . ...... Limitation of Liabil~ ........................ ...... - 17 - ...... - l7 - Seclion 7.8 No Waiver ofFuture Approvals ................ ...... 17 - Section 7.9 Commencement of Const*~~~tion ................. ..... . 17 - ARTICT.E 8 USE RESTRICTIONS ............ ..................... - 18 - iii © J ~IIII II~ I~I N~ IM IIII ~I II ~II N ~I hII ~I NI 5w 6~ aa o :22 .1RNICE K V06 CPIAILL PITKIN COUNTY CO R 201.00 0 0.00 Section 8.1 Use of Units ...................... . ... ..... _ ...... l8- Section 8.2 Basin ................................... ....... - 18 - Section 8.3 U~of Common Elements ............ . .. ..... _ ....... Section 8.4 Use of Limited Common Elements . . ... . . . . . . .. 19- . .. . .. . Section 8.5 Prohibition of mage. A?uisance and Noise ...... ....... . 19 - Section 8.7 Rubbish Trash and Garbage .......... - 20 - Section 8.8 Unsi¢htly or Unkempt Conditions .............. ....... . 20 - Section 8.9 Antennas and Satellite Dishes ................. ....... - 20 - Section 8.10 'lip ................................... ....... -21- Section 8.11 Stored Personal Prouertv , , , , ,,, , , , , , , , , , , , , , , ,,, - 21 - Section 8.12 Rules and Regulations ....................... ....... . 21 - ARTICLE 9 INSURANCE ..... ........................................... ....... - 21 - Section 9.1 Association'slnsurance ...................... ....... -21- Section 9.2 Blanket nsurance .......................... ....... -22- Section 9.3 Required Insurance Companies ................ ....... - 23 - Section 9.4 wO nerg' Insurance .......................... ... . ... - 25 - ARTICLE ]0 REPAIR AND RECO N TRUCTION ............................. ....... - 2S - Section 10.1 Repair and Reconstruction .................... ....... - 25 - ARTICLE 11 EASEMENTS ...................................................... .26- Section 11.1 Easements for Use and Enjoyment of the Common Elements and ommon A A~ _ ................ 26- Section ] 1.2 $ ort ........... . .............................. - 27 - Section 12.3 Encroachments .................................... - 27 - Section 11.4 ' ' ' Uhlines.....- .............................. -27- Section 1 l.5 Public in General .................................. - 28 - ARTICLE l2 AUTHORITY AND ENFORC MEN'S .................................. - 28 - Section 12.1 General .......................................... - 28 - Section 12.2 Addidional Enforcement Rights ... . ................... - 28 - Section 12.3 Failure to Enforce ................................. - 29 - ARTICLE 13 AMENDMENTS ................................................... - 29 - ARTICLE 14 GENERAL PROVISIONS ............................................ - 29 - iv © ~ Inll~l~lmll~l~,IIIl~~~lINII~~II~ 5'°'1664 •e .iNNICE K VO6 GIUDILL PITKIN Gd1NTY CD I1~a0~2000 03.22 R 201.00 D 0.00 Section 14.1 ................ -29- Section 14.2 Pi ute Resol ,r;r,,, ' ~ ~ ~ ~ ' ' ' ' ' ' ' sP ' ...................... -30- Section 143 Implied Ri hTs ' ' ' ' ' ' ' ' ' ' ' a .................................... -30- Section 14.4 ]ec is R No 'c sand s , Section 14.5 - 30 - Auratton ......................................... -30- Section 14.6 ev rab']i ............ . ............ . ........ -30- 'CABLE OF EXHIBIT4 Exhibit A -Legal Description Exhibit B- Schedule B Exceptions to Title Exhibit C -Table of Allocated Interests Il~~ullll~lllll ~IIIIIIII I~~IIII~IIIIIIIIII 53 o6zeea :3:u JRNICE K VOS CpUDILL PITKIN COW7Y CO R ZOt.M 0 e.!! AMENDED AND RESTATED CONDOMINIUM DECLARATION FOR DER BERGIIOF CONDOMINIUMS This Condominium Declaration for Der Berghof Condominiums ("Declaration's is made effective upon recording. CI A. The owners of the Der Berghof Condominiums recorded a Condominium Declaration for Der Berghof Condominiums in the real property records of Pitkin County, Colorado on January 23, 1974, in Book 287, Page 539 (hereinafter referred to as the "Original Declaration"). B. This Declamtion does not alter the undivided interest of the Units and does not temlinate the Condominium. C. The purposes of amendments in this Amended and Restated Declaration include, but are not limited to the following: to update the Original Declaration to comply with current state law; to clarify the allocation of maintenance responsibilities and insurance between the Association and the Owners; to delete declarant rights and responsibilities that are no longer applicable; to remove unreasonable use restrictions on the community, to update provisions so as to allow the Board of Directors to efficiently operate the Community and deal with Community concerns; to add provisions that provide tools for the Association to effectively solve problems and enforce the Declaration, Bylaws and Rules and Regulations and to facilitate conversion by the Association of Common Elements into new Units and/or Limited Common Elements. D. One of the goals of the Association is to preserve the value and desirability of the Condominium and the Units and to further the interests ofthe residents of the Condominium and Members of the Association; E. The Members of the Association wish to accomplish the goals recited above by the adopting this Declaration. NOW, THEREFORE, the Origins! Declaration is replaced by the covenants, servitudes, easements and restrictions set forth below: ARTICLE 1 NAME The name ofthe condominium is Aar Berghof Condominiums (hereinaftersometimescslled the "Condominium; ' as further defined herein). ,~ I~~I~I~I~~I~~NNII~IIN'I~ 53:664 e :zz JfMJICE K VOS CAlIDILL PITKIN COUNTY CO R 201.N D •.00 ARTICLE 2 ~T[ONS Generally, terms used in this Declaration, the Bylaws, and the Articles of Incorporation shall have their nomlal, generally accepted meanings or the meanings given in the Actor the Colorado Revised Nonprofit Corporation Code, Unless the context otherwise requires, certain terms used in this Declaration, the Bylaws and the Articles of Incorporation shall be defined as follows: Secfion 2.1 "~" means the Colorado Common Interest Ownership Act, C.R.S. § 3g-33.3-101, et seq., as such Ac[ may be amended from time to time. Section 2.2 "Articles"or"Articles of Incor_poration"meanstheArticlesofIncorporation of Der Berghof Association, filed with the Secretary of State of the State of Colorado. Section 2.3 sso is 'on" means the Der Berghof Association, a Colorado nonprofit corporation, its successors or assigns. SecGon2.4 "Board"or"Boa ofDirectors"means the bodyresponsibleformanagement and operation of the Association. Secfion 2.5 "B laws ' mean the Bylaws of Der Berghof Condominiums, as they may be modified from time to time. Section 2.6 "Common Areas' shall mean the grounds, walks, drives and parking areas. Section 2.7 "Common Elements" mean those portions of the property subject to this Declaration, which are not included within the boundaries of a Unit, as more particularly described in this Declaration. Section 2.8 "CommonExcenses"mean theexpensesincurredoranticipatedtobeincurred by the Association for the general benefit of the Condominium including, but not limited to, those expenses incurred for maintaining, repairing, replacing, and operating the Common Elements. Section 29 "Com~ttn~ty-Wide Sta ~tdard" means the standard of conduct, maintenance, or other activity generally prevailing within the Condominium. Such standard may be more specifically determined by the Board of Directors. Section 2. l0 "Condominium" means all that property as more particularly described in Exhibit "A" attached hemto and incorporated herein by reference that is submitted to the provisions of the Act by this Declaration. Section 2.11 "Conn "means Pitkin County, Colorado. Section 2.12 "Electronic Record" means infonna[ion created, transmitted, received or 2- 1 IIIIII ~~ INIII~1lpl llll l~ll l~~ ~ lllll llll ~l ®gaesz0e~ea zz stored by electronic means and retrievable in human perceivable form, such as email, web pages, electronic documents, and facsimile transmissions. Section2.13 GenetalContmonElemenrmeansalloftheCommonElementsotherthanthe Limited Common Elements. Section 2.14 v o um mean this Declaration and all exhibits hereto, the Association's Bylaws, and the Condominium Map, all as may be supplemented or amended from time to time. Section 2.15 Litttitod Common Elements mean a portion ofthe Common Elements reserved for the exclusive use of those entitled to occupy one or more, but less than all, Units, as more particularly set forth in this Declaration. Section 2.16 Ma on means those eligible votes, Owners, or other group as the conuxt may indicate totaling more that 50% of the total eligible number. Section 2.17 Mao means the Condominium Map of Der Berghof as recorded in the office of the Clerk and Recorder of Pitkin County, Colorado, and as it may be amended from time to time. Section 2.18 Mortaaee means any recorded mortgage, deed to secure debt, deed of trust, of other transfer or conveyance for the purpose of securing the performance of an obligation including, but not limited to, a transfer or conveyance of fee title for such purpose. Section 2.19 Mortea¢e or Mortgage Holder means the holder of any Mortgage. Section 2.20 OccupantmeansanyPersonstayingovemigh[inaUnitregardlessofwhether such Person is a tenant or the Owner of such Unit. Section 2.21 caner shall mean the record titleholder of a Unit within the Condominium, but shall not include a Mortgage Holder. For purposes hereof, the holder of a tax deed on a Unit shall be deemed the Owner thereof, notwithstanding the fact that there may exist a right of redemption on such Unit. Section 2.22 Person means any individual, corporation, limited liability company, firm, association, partnership, trust, or other legal entity. Section 2.23 Ij~ means that portion of the Condominium shown on the Map which is intended for individual ownership and use as more particularly described in this Declaration and shall include the undivided ownership in the Common Elements assigned to the Unit by this Declaration. ARTICLE 3 VOCATION UNIT BO NDARIES C MMON -3- I~IItl~I~~~nII~~IINII~~N 5iasseea4 a :22 JANICE K VOS CMIDILL PI7KIN COUNTY CO R 207.00 D 0.00 AND L•iMrra'D COMMON I Fh FNTC Section 3.1 Location. The Condominium subject tothisDeclarationandtheActislocated in Pitkin County, Colorado, as trtore particularly provided in Exhibit A to this Declaration. The Map relating to the Condominium is in the records ofthe Clerk and Recorder ofPitkin County, Colorado. The Map is incorporated herein by reference as fully as if the same was set forth in their entirety herein, Section 3.2 Units and Borrlp'ecTheCondominiumisdividedintol2residentialUnits, Common Elements and Limited Common Elements and then appurtenant percentage of undivided interest in the Common Elements. Each Unit shall be conveyed as a separately designated and legally described freehold estate subject to the Act and the Governing Documents and any ntles and regulations of the Association. Each Uait includes that part of the stmcture, which lies within the following boundaries: 3.2.1 VerticalBoundaries.TheverticalboundariesofeachUnitshal]bethevertical planes formed by the unfinished interior surfaces of the perimeter or vertical walls. 3.2.2 Horizontal Boundaries. The horizontal boundaries of the Unit are the unfinished interior surfaces of the floors and ceilings. 3.2.3 Additional Information to Interpret Unit Boundaries. Atl lath, furring, wallboard, plasterboard, plaster, paneling, tiles, surface texture, wallpaper, paint, fmished flooring and any other materials constituting the finished surfaces aze part of the Unit and all other portions of the floors, walls and ceilings are part of the Common Elements, Each Unit includes the spaces and improvements lying within the boundaries of the Unit, including windows, window frames, doors and door frames. In interpreting deeds and the Map, the existing physical boundaries ofa Unit as originally constructed or of a Unit reconstructed in substantial accordance with the original Map thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds which maybe expressed in any deed or the Map, regardless of settling or lateral movement of the building in which the Unit was located, and regardless of minor variance between the boundaries shown on the Map or in a deed and those of the Unit The ownership of each Unit shall include, aad therefor shall pass with each Unit, whether or not separately described in the conveyance thereof, that percentage of the right, title aad interest in the Common Elements attributable to such Unit, together with votes and membership in the Association, an undivided interest in the funds and assets held by the Association, and the undivided interest in the Common Elements appurtenant to each Unit. Section 3.3 Rieht to Combine or Divide snits. Each Owner shall have the right to combine two contiguous Units or to divide two Units which have previously been combined in accordance with the provisions of this Section 3.3. There may be no other division, or combination -4- '~ I ~ NIA Illlu 1~I ~ I~ ~I III III~~ ~ I~I 53~e62o.6ro3a~ JANICE K VOS CAUDILL GITKIN COUNTY rA R 2at.N D O, EO of Units orrelocation ofboundaries between adjoining Condominium Uniawithoutthepriorwritten consent of the Association and shall be done in accordance with the procedures set forth in the Act. Al] improvements proposed for arty Unit resulting from a combination or division as provided in the preceding sentence shall comply with Article 7 hereof. All costs incuaed in colmecdon with the combination or division shall be borne by the Owner or Owners ofthe affected Units, including all costs incurred by the Association in connection therewith. In connection with any such combination or division, the Owners of the Units being so combined or divided shall have the right, with the prior written approval of the Board, to redesignate, as part of a Unit or as a Limited Common Element, any portion of the Common Elements or any walls, floors or other separations between the affected Residential Units, which may be necessary or appropriate to accomplish such combination or division. Any previously combined Units which aze subsequently divided, shall be divided on the same boundaries that originally existed between such Units. If Units are combined, the allocated interests appurtenant to the combined Residential Unit shall be the sum ofthe allocated interests in the Units that were combined as sat forth in Exhibit C, attached hereto. Any previously-combined Units which are later divided shall be reinstated to the allocated interests which they had prior to the combination. An amendment to the Declaration and Map implementing a combination or division under this Section shall be executed and filed in accordance with the Act. Section 3.4 Additional nitsorAdditionalFloorAreainFxistinorr 'r The Association reserves the right to create one or more addihonal units in the airspace above the current stmcture or to permit the conversion of such airspace into floor area to be utilized as par[ of one or more existing Units. Constmction of such new units or additional floor area will be accompanied by a certificate of completion, executed by an independent licensed or registered engineer, surveyor, or azchitect stating that all structural components comprising any units created or enlazged pursuant to this Section 3.4 are substantially completed as set forth in C.R.S. 3g-33.3-201. The maximum number of Units which may exist in the Condominium is 15. However, neither the Association nor the Board shall be authorized to implement either ofthe alternatives listed in this Section 3.4 without further action by the Association as a whole. Section 3.5 Common Elements. The Common Elements consist of all portions of the Condominium not located within the boundaries of a Unit. Ownership of the Common Elements shall be owned by the Unit Owners as tenants-in-common, subject, however, to control by the Association, as set forth in this Declaration. The Common Elements shall remain undivided, and no Owner or any other person shall bring any action for partition or division of rho whole or any part. Except as provided for Limited Common Elements or as otherwise provided herein, each Owner and the Association may use the Common Elements for the purposes for which they are intended, but no such use shall enter or encroach upon the lawful rights of the other Owners. The Association shall have the right to convert air space which constitutes a Common Element to one or more new Units or to convert such airspace into additional developed square footage within a Unit by amending this Declazation and the Map under the provisions of Secton 3.4, above, Article 13, below, and other relevant sections ofthis Declaration and to convey ownership ofthe new Units or additional fluor area to any Person. The Common Elements include the structural components of the buildings, including but -5- Pa e: 11 of 40 I~Iin~~II~IINII~01~~111~ 591664 JMIfC6 K Y05 CiIUDILL GITKIN Cg1Nrr fA t1~a0~2006 03:22 R 201.00 D 0.00 not limited to: roofs, floors other than the interior surfaces thereof: foundations, pipes, chases, ducts, flues, chutes, conduits, wires, and other utility installatons to the outlets; flues, chimneys, vents and ducts installed in connecfion with fireplaces or stoves; bearing walls, columns and girders to the interiorsurfaces thereof, regardless of location; the balconies, patios, entryways lying outside the perimeter walls, walkways; all installations of power, lights, gas, }tot, arid cold water existing for common uses, and the air space above and surrounding the Condominium on the real property described in Exhibit A, attached hereto. 3.5.1 Parking Spaces. Each condominium unit shall always have the exclusive use of one parking space, as historically assigned to each such Unit. Al] pazking privileges expire on the date that the owner's interest in his condominium unit ends. The surface parking spaces located on the Real Estate (the "Parking Spaces" or "Spaces") shall be Limited Common Elements and subject to policies and procedures established from time to time by the Association. Section 3.6 Limited Common FtP^rents. The Limited Common Elements means those parts of the Common Elements which aze either limited to and reserved for the exclusive use of an Owner of a Unit or axe limited to and reserved for the common use of more than one but fewer than all of the Unit Owners. ARTICLE 4 ASSOCIATION M MBFUeglp AL.L ATrnN OF VO S qND ALLOCATION OF LIABILffY FOR COMMON EXPENSES Section 4.1 Mem_ berc_hin, All Unit Owners, by viRue of their ownership of a fee or undivided fee interest in any Unit in the Condominium, are members of the Der Berghof Association, a Colorado nonprofit corporation. Membership isnot intended to include Persons who hold an interest merely as security for the performance ofan obligation, but the giving of a security interest shall not terminate the Owner's membership. No Owner, whetherone ormore Persons, shall have more than one membership per Unit owned. The Project is hereby divided into twelve (12) separate Condominium Units, each of which shall have an eight and one-third percent (8 +h %) undivided interest in the Common Elements appurtenant thereto, which undivided interest in the Common Elements has been computed foreach unit as a percentage of the total number of Units. The Association shall have the right to reallocate ownership of the Common Interests, as well the votes in the Association and allocation of liability for common expenses, among the owners in a manner which is fair and equitable, in the event additional floor area is constructed in existing Units or if one or more Units are constructed and added to the Project, as permitted under Article 12, below. Section 4.2 New Additions to Common EI men .The Association shall have the right to constmct new improvements on the Common Elements. Ownership of any such additions to the Common Elements shall be apportioned among all Condominium Units in proportion to the respective undivided interest itr the Common Elements appurtenant thereto, as shown on Exhibit C 6- I III n~~I~I ~~nl MIII Illlul 5~ia66e sf ea zz JfYJICE K VOS rAUDILL PITKIN COUNTY CO R 20t .00 D 0.l0 attached hereto, and shall be governed by this Declaration. The common expenses of any such additions to the Common Elements shall be apportioned among the Units m the percentages or fractions identified in Exhibit C, attached hereto. Section4.3 Votina•TheOwnerorcollectiveOwnersofaUnitshallbeentitledtoonevote weighted in accordance with the Unit's percentage interest in the Common Elements. When more than one Person holds an ownership interest in any Unit, the vote for such Unit shall be exercised as those Owners detemtine among themselves, otherwise the Unit's vote shall be suspended ifmore than one Person seeks to exercise it. Section 4.4 General Allocations. ExceptasprovidedbeloworelsewhcreintheGoveming Documents, the amount of all Common Expenses shall be assessed against all the Units in accordance with the percentage of undivided interest in the Common Elements appurtenant to the Unit. ARTICLE 5 ASSESSMENTS. Section S.l Pltmose of Assessment. The Association shall have the power to lery assessments as provided herein. The assessments for Common Expenses provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfaze, common benefit, and enjoyment ofthe Owners and Occupants ofUnits in the Condominium as may be more specifically authorized from time [o time by the Boazd. Section 5.2 Creation of the Lien and Personal Oblieation For Assessments. Each Owner of any Unit, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is dcemed to covenant and agree to pay to the Association: (i) annual assessments or charges; (ii) special assessments: (iii) specific special assessments against any particular Unit which are established ptusuant to the terms of this Declaration. Section 5.3 Lien for Unnaid Assessments. All such assessments, together with charges, interest, costs, and reasonable attorney's fees actually incurred (including post-judgment attorney fees, costs and expenses), and if the Board so elects, rents, in the maximum amount permiried by law, shall be a charge on the Unit and shall be a continuing lien upon the Unit against which each assessment is made. Such amounts shall also be the personal obligation of the Person who was the Owner of such Unit at the time when the assessment fell due. The Association shall have authority to record a notice of such lien in the Pitkin County, Colorado real property records evidencing the lien created under this Dcelazation. The lien of the Association under this Article is not subject to the provision of any homestead exemption as allowed under state or federal law. The lien provided for herein shall have the priority as set forth in the Act. Assessments shall be paid in such manner and on such dates as may be fixed by the Board of D'uectors. Unless otherwise provided by Board resolution, the annual assessments shall be paid in equal monthly installments due on the tenth (10) day of each calendaz month- No Owner may -~- r°- ~ ~... I II~II III (VIII IIII VIII MINI III III N~II III NII 5 ~ie 6 ees4ro~zz JANICE K VOS CRUO[LL OITKIN COUNTY CO R 201.00 D 0.00 exempt hits or herself from liability for or otherwise withhold payment of assessments for any mason whatsoever, including, but not 1mtited to, non-use of the Common Elements, the Association's failure to provide services or perform its obligations required hereunder, or inconvenience or discomfort arising from the Association's performance of its duties. Section 5.4 Aelinauent Assessments. Al] assessments and related charges notpaid on or before the due date shall be delinquent, and the Owner shall be in default. 5.4.1 If the annual assessment, any part or installment thereof or any other fine, special assessment or charge is not paid in full within ten days of the due date, or such later date as may be provided by the Board: 5.04, 1.1 a late charge in an amount determined by the Board and set forth in the Asmciation's collection policy maybe imposed without further notice or warning to the delinquent Owner, 5.04.1.2 interest at the rate of Twelve Percent (12%) per annum, together with all expenses, including attorney's fees, incurred together with such late charges as provided by the By-laws or Rules and Regulations of the Association. 5.04.1.3 upon 30 days written notice to the Owner, the Board may accelerate and declare immediately due all of that Owner's unpaid installments. Upon acceleration, that Owner shall thereby lose the privilege of paying any and all assessments and charges in installments for that fiscal year, unless such privilege is otherwise reinstated in the Board's sole discretion. 5.4.2 If assessments, fines or other charges, or any part thereof, remainunpaid more than 30 days after the assessment payments first become delinquent: 5.04.2.1 the Owncr's right to vote shall be automatically suspended until all amounts owed are paid in full; 5.04.2.2 the Association, acting through the Board of Directors, may institute suit to collect all amounts due pursuant to the provisions of the Declaration, the Bylaws, and Colorado law, including reasonable attorney's foes actually incurred- 5.04,2.3 additionally, or in the alternative, the Association may foreclose on its lien against the Unit. Enforcement under this Section is not dependent upon or related to other restrictions and/or other actions. -g- Q I~I~INIIIII~~I~~IM~~u~I1InN11 601664{ •e JMItCE R VDE CNUDILL PITKSN COUNTY CD 11/30/2006 03:$ R 203 . N D 0.00 5.43 Ifpattpayment ofassessments or otherchazges is made, the amountreceived may be applied first to post judgment attorney's fees, costs and expenses, then to costs and attorney's fees not reduced to a judgment, then to inkrest, then to late charges, then to fines and other chazges permitted under this Declaration, then to delinquent assessments and then to current assessments. 5.4.4 Foreclosure or attempkd foreclosure by the Association of its lien shall not preclude the Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequem assessments, charges or fees, or monthly or other installments thereof, that are not fully paid when due. If a foreclosure action is filed to foreclose an assessment lien, and the Owner abandons or leaves vacant his or her Unit, the Board may take possession and rent the Unit or apply for the appointment of a receiver far the Unit without prior notice to the Owner. The rights of the Association shall be senior to the rights of any holder of a first lien security inkrest as set forth in its deed of tryst or mortgage (including any assignment of rents), to the extent permitted under the Act 5.4.5 The Association shall have the rightandpowertobidonorpurchaseanyUnit ai foreclosure or other legal sale, and to acquire and hold, lease, mortgage, vote the Association voles appurtenant to ownership thereof, convey or otherwise deal with the same. Section 5.5 ComnutationofBL~ rand Assessment Priortothebegimmingofeachfiscal yeaz, the Board shall prepaze a budget covering the estimated costs of operating the Condominium during the coming year, including an annual reserve contribution for replacement ofimprovements that are the Association's responsibility. Based on the budget, the Board shall establish the annual assessment or installments for the coming year. The budget shall not operate as a limitation on expenditures by the Board, but, rather, the budget is an estimak ofCommon Expenses on which the Board may base the annual assessments. Notice of the annual assessment and installments thereof shall be provided in writing to Owners at least 15 days prior to the due dart. Section 5.6 Snecia]Assessme++rc ~. In addition to the annual assessmentprovided for above, the Boazd may, at any time, and in addition to any other rights it may have, propose a special assessment against all Owners, payable over such period as the Association may determine. Notice in writing of the amount of such special assessment and the time for payment shall be given to the Owners and no payment shall be due less than 30 days after such notice is mailed to the Owner. Specific special assessments maybe levied in accordance with the temrs ofSection 5.7, immediately below. Section 5.7 Specific Special Assessments. Notwithstanding the above, the Board of Directors shall have the power to levy specific special assessments against Units pursuant to this Declaration and this Section as, in its discretion, it shall deem appropriate. Failure ofthe Board of Directors to do so shall not be grounds for any action against the Association or the Board of 9- I~I~IIIIIpIII~VIIIII~OUII~II~IIII~~~ 53ae6oseres zz i11N ILE K VDS CRIIDILL P[TKIN CWNTY CO R 201.00 D 0,00 Directors and shall not constitute a waiver of the Board's right to exercise its authority under this Section in the future. 5.7.1 Any Common Expenses benefitting less than all of the Units or significantly disproportionately benefitting all Units may be specifically specially assessed equitably among all of the Units that are benefitted according to the benefit received. Expenses incurred for the regular maintenance, repair or replacement of the Common Elements shall not be specifically specially assessed. 5.7.2 Any Common Expenses occasioned by the conduct of less than all of those entitled to occupy all of the Units or by the Occupant(s), licensees or invitees of any such Unit or Units may be specifically specially assessed against such Unit or Units. Section S.g Statement of Account. The Association shall furnish to an Owner or the Owner's designee or to a holder of a security interest or its designee a statement setting forth the amount of unpaid Assessments then levied against the Condominium Unit in which the Owner, designee or holder of a security interest has an interest. The Association shall deliver the statement personally or by certified mail, first class postage prepaid, return receipt requested to the inquiring party within 14 calendar days after the registered agent of the Association receives the request by personal delivery or by certified mail, first class postage prepaid return receipt requested. The information contained in such statement, when signed by the Treasurer of the Association, or Manager, if any, shall be binding upon the Association, the Board, and every Owner as to the person or persons to whom such statement is issued and who rely on it in good faith. The Board may establish a reasonable fee relating to such statement. Section 5.9 Surplus Funds and Common Profits. Common profits from whatever source shall be applied to the payment of Common Expenses. Any surplus funds remaining after the application of such common profits to the payment of Common Expenses shall, at the option of the BoardofDirectors,be:(1) distributed to the Owners;(2)creditedtothenextassessmentchargeab]e to the Owners in proportion to the liability fot Common Expenses attributable to each iJnit; or (3) added to the Association's capita( reserve account. Section 5.10 0 owin .The Association shall have thepowertoborrowmoneyandassign future income, including the right to assign its right to receive Common Expense assessments, but only upon the affirmative vote of a majority of the Association vote that is present and exercised, in person or by proxy, at a duly constituted meeting called for that purpose, or by ballot in lieu of a meeting as provided for in the Bylaws. ARTICLE 6 MAINTENANCE RESPONSIBILITY Section G.1 MaintenanceBytheOwnecEachOwnershallhavetheobligationtomaintain and keep in good repair all portions of his or her Unit and all improvements made by the Owner to the Limited Common Elements assigned to the Unit, except any portion of a Unit which is expressly - ]0- IIIImE111N RI~ INIt11A MINI II~II MYIIII~ NI I~ ~ ~3 6~~~ Zz~ made the maintenance obligation of the Association as set forth in Section 6.2 below. This maintenance responsibility shall include, but not be ]muted to the following: 6.1.1 the materials making up the finished surfaces of the walls, floors and ceilings, including, but not limited to plaster, dry-wall, paneling, wallpaper, paint, wall and floor tile, carpet and flooring (but not including the sub-flooring). 6.1.2 all glass surfaces (including exterior cleaning); 6.13 windows, window fames (except for periodic painting, staining and/or cleaning of the exterior window frames), casings and locks (including caulking of windows) and screens; 6. L4 all doors, doorways, door frames, and hardware that are part of the entry system of the Unit (except for periodic painting, staining and/or cleaning of the exterior surface of entry doors and door frames); 6. l .5 all pipes, lines, ducts, conduits, or other apparatus which serve only the Unit, whether located within or outside the boundaries of the Unit (including all electricity, water, or sewer pipes, lines, ducts, conduits, or other apparatus serving only the Unit); 6.1.6 any fireplace (except for the chimney and flue) that serves only the Unit; 6.1.7 All communications, television, telephone, cable and electrical lines, receptacles and boxes serving only the Unit, whether located within or outside the boundaries of the Unit; 6.1.8 In addition, each Unit Owner shall have the responsibility: 6.01.8.1 To kccp in a neat, clean and sanitary condition any Limited Common Elements serving his or her Unit, including keeping the balcony or patio appurtenant to the Unit free and clear of snow, ice, and any accumulation of water or other debris. 6.01.8.2 To perform his or her responsibility in such manner so as not to unreasonably disturb other persons in other Units. 6.01.8.3 To promptly report to the Association or its agent any defect or need for repairs, for which the Association is responsible. If due to the act or neglect of an Owner, lass or damage is caused to any person or property, including the Common Elements, the Limited Common Elements and the Units, such Owner shall be liable and responsible for same, except to the extent such damage or loss is covered by the Association's insurance and thc carrier waives subrogation rights against such Owner. -1]- ~,.. .~ ~IIII II~II ~p IIII I~I III I~nl II ~I~ NI II~ 5w~. fi efiea4raa zz JPNICE K VOS CPUOILL P]TKIR cou+ir CO R 287.00 D •.00 The amount of the loss or damage may be collected as a specific special assessment as provided in Section 5.7 of this Declaration. Subject to the maintenance responsibilities herein provided, any maintenance or repair performed on or to the Common Elements by an Owner or Occupant which is the responsibility of the Association hereunder shall be performed at the sole expense of such Owner or Occupant, and the Owner or Occupant shall not be entitled to reimbursement from the Association even if the Association accepts the maintenance or repair. Section 6.2 Maintenance By the Association. T'he Association shall maintain and keep in good repair as a Common Expense all Common Elements, including any Limited Common Elements, but excluding any improvements made to such Limited Common Elements. The Association shall have the right, butnottheobligation, to assess Owners formaintenance to Limited Common Elements serving their Units. The Association maintenance responsibility shall also include the following:painting, cleaning or staining window frames, doorframes and exterior doors; and maintaining chimneys and chimney flues. The foregoing maintenance shall be performed consistent with applicable Community-Wide Standards. If, during the course of performing its maintenance responsibilities hereunder, the Association discovers that maintenance, repair or replacement is required of an item which is the Owner's responsibility, and such maintenance, repair or replacement must be performed for the Association to properly complete its maintenance project, then the Association may perfomt such work on behalf of the Owner and at the Owner's sole expense, without prior notice to the Owner, such being deemed an emergency situation hereunder. If the Board determines that the need for maintenance or repair of the Common Elements is caused through the willful or negligent act of any Owner, or Occupant or their family, guests, lessees, or invitees, then the Association may assess the cost of any such maintenance, repair, or replacement against the (hvner's or Occupant's Unit, and such cost shall become the persona] obligation of the Owner, a lien against the Unit, and shall be collected as provided herein for the collection of assessments. 'Ihe Association shall repair incidental damage to any Unit resulting from performance of work that is the responsibility of the Association. Such repair and subsequent cleaning shall be performed based on a reasonableness standard. In performing ils responsibilities hereunder, the Association shall have the authority to delegate to such persons, firms or corporations of its choice, such duties as are appzoved by the Board of Directors. The Association shall not be liable for injury or damage to person or property caused by the elements or by the Owner of any Unit, or any other person, or resulting from any utility, rain, snow or ice which may leak or flow from any portion of the Common Elements of from any pipe, drain, conduit, appliance of equipment which the Association is responsible to maintain hereunder, -12- 4 IIIIINVIIIIIIIIINII~III~III~~IINII~III~ 5°3i6zenerea 22 .NW ICE K VOS CAUDILL PITKIN COUNTY CO R 201.!! D •.0a except for injuries or damages arising within a reasonable time after the Owner of a Unit has put the Association on notice of a specific leak or Flow from any portion of the Common Elements and the Association has failed to exercise due care to correct the leak or flow within a reasonable time thereafter. The Association shall not be liable to any Owner, or any Owner's Occupant, guest or family for any damage or injury caused in whole or in part by the Association's failure to discharge its responsibilities under this Article where such damage or injury is not a foreseeable, natural result of the Association's failure to discharge its responsibilities. No diminution or abatement of assessments shall be claimed or allowed by reason of any alleged failwe of the Association to take same action or perform some function required to be taken or perforated by the Association under this Declaration, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Association, or from any action taken by the Association to comply with any law, ordinance, or with any order or directive of any municipal or other governmental authority. Section 6.3 Mold and/or Mildew. Mold and/or mildew can grow in any portion of the Condominium that is exposed to a regular source of moisture. Therefore, the Association and the Unit Owners agree to: (a) promptly investigate to determine the sowce of the problem and the extent of the condition upon the discovery of any water leaks; (b) repair any such leaks in their respective areas of maintenance responstbi]ity in a good and workmanlike condition; (c) ensure that any building material which has absorbed water or moisture as a result of a water leak and has not been completely dried as part of the repair ofthe water or moisture damage is removed and replaced; and (d) clean any area where mold and/or mildew appears with indusdy-accepted product designed to inhibit the growth of mold and/or mildew. Section 6.4 r,~~~rt MaintenanceRenairandReolacementofl$¢hRiskComponents. The Board may, from time to time, determine that certain portions of the Units required to be maintained by the Owners, or certain objects or appliances within the Unit, pose a particular risk of damage to other Units and/or the Common Elements if they are not properly inspected, maintained, repaired or replaced. Those items determined by the Board to pose such a particular risk are referred to herein as "High-Risk Components.' At the same time that it designates aHigh-Risk Component, or at a later time, the Boazd may require one or more of the following with regard to the High-Risk Component: (a) that it be inspected at specified intervals by a representative of the Association or by an inspector(s) designated by the Board; (b) that it be replaced or repaired at specified intervals, or with reference to manufacturers' warranties, whether or not the individual component is deteriorated or defective; (c) that it be replaced or repaired with items or components meeting particular standards or specifications established by the Board; (d) that when it is repaired or replaced, the installation include additional components or installments specified by the Boazd; (e) that it be replaced or repaired by contractors having particular licenses, training or professional certification or by contractors approved by the Board; and (f) if the replacement or repair is wmpleted by an Owner. that it be inspected by a person designated by the Board. The imposition of requirements by the Board in this provision shall not relieve an Owner of -13- ~., IIIIII~VIIII~I~III~NIIRII~~IiIIII~u 59•a 66eereNZZi JRNICE K V05 CPUDILL PITKIN COUVTr CD R 201.00 D 0.00 his or her obligations regarding High-Risk Components, including, but not limited to, the obligation to perform and pay for all maintenance, repairs and replacement thereof. If any Owner fails or refuses to maintain, repair or replace aHigh-Risk Component in accordance with the requirements established by the Board hereunder, the Association may, in addition to all other rights and powers granted to it pursuant to the Governing Documents enter the Unit for the purpose of inspecting. repairing, maintaining, or replacing the High-Risk Component, as the case may be, and charge all costs of doing so back to the Owner as a specific special assessment. Section 6.5 Failure to Maintain. If the Board of Directors determines that any Owner has failed or refused to discharge properly his or her obligation with regard to the maintenance, repair, or replacement of items ofwhich he or she is responsible hereunder, then, the Association shall give the Owner written notice of the Owner's failure or refusal and of the Association's right to provide necessary maintenance, repair, of replacement at the Owner's sole costand expense. The notice shall set forth with reasonable particularity the maintenance, repair, or replacement deemed necessary by the Boazd of Directors. Unless the Boazd of Directors determines that an emergency exists, the Owner shall have ten days within which to complete maintenance or repair, or if the maintenance or repair is not capable of completion within such time period, to commence replacement orrepair within ten days. If the Board determines that: (a) an emergency exists or (b) that an Owner has not complied with the demand given by the Association as herein provided; then the Association may provide any such maintenance, repair, or replacement at the Owner's sole cost and expense, and such costs shall be added to and become a part of the assessment to which such Owner is subject, shall become and be the personal obligation of the Owner and a lien against the Unit, and shall be collected as provided herein for the collection of assessments. Section 6.6 MechanicsLiens.Nolaborperformedand/ormaterialsfurnishedforuseand incorporated into any Unit with the consent of or at the request of the Unit Owner or the Owner's agent, contractor, or subcontractor shall be the basis for filing of a lien against the Unit of any other Unit Owner not expressly consenting to or representing the same, or against any interest in the Common Elements. Each Owner shall indemnify and hold harmless each of the other Owners and the Association from and against any liability or loss arising from the claim of any mechanic's lien against the Unit of any other Owner or against the Common Elements, or any portion thereof, for labor performed and/or materials famished in work on the first Owner's Unit. The Association may pay any sums necessary to eliminate any lien filed against Units or the Common Elements not benefitting from the labor and/or materials and all sums paid including all costs and reasonable attorneys' fees shall be a specific assessment against the Owner or Owners far whom the labor and/or materials were famished. Section 6.7 Maintenance Standards and Interoretation. The maintenance standazds and the enforcement thereof and the interpretation of maintenance obligations under this Declaration may vary from one term of the Board to another term of the Bnard. These variances shall not constitute a waiver by the Board of the right to adopt and enforce maintenance standards under this Article. No decision or interpretation by the Board shall constitute a binding precedent with respect -14- ~ 4 IIIIII 1 KIIIv11Nll I~Ipt~~ ITIKII ~~I DTI IIrN1lI II zl® ~ ~~szeaseaa0zzi to subsequent decisions or interpretations of the Boazd. ARTICLE 7 ARCHITECTURAL CONTROLS Section 7.1 Authority of Board. The Board shall have the authority to select and employ professional consultants to assist it in dischazging the duties established in this Article 7, the cost of such consultants to be paid by the Owner of any Unit for which plans and specifications have been submitted for approval. The Owner of any such Unit shall be responsible for paying the full cost of each review, whether or not submitted plans and specifications are approved by the Boazd, and the Board may require payment of all such costs prior to approval of plans and specifications. The Board also may charge reasonable fees to cover the cost of review or inspections performed hereunder, and any such fees shall be published in the design sandazds. Section 7.2 Architectural Standards. Except as otherwise provided herein of as allowed by superceding Colorado law, no Owner, Occupant. or any other person may, without first obtaining written approval of the Board: 7.2.1 make any encroachment onto the Common Elements; 7.2.2 make atry exterior change, alteration, or construction to a Unit or Common Element; or 7.2.3 store any personal property erect, place orpost any object, sign, clothesline, speaker, light, storm door or window, fountain, flag, personalized or customized exterior door mat, or any other thing on the exterior of the building, in any window (other than window treatments approved by the Board), or in or on any Limited Common Element. Section 7.3 Alteration of Units and/or Common Elements. There shall be no relocation of boundaries between Units or subdivision of Units. However, Units may be combined as set forth in Section 3.3, above, and any Unit which has been combined with another Unit maybe re- established as aseparate Unit pursuant to Section 3.3. Subject to the other provisions of the Act and this Declaration, alterations to the interiors of Units are subject to the following restrictions: 7.3.1 ExceptasprovidedhereinandintheCommunity-WideStandards,noOwner or Occupant may make any alteration within a Unit which involves Common Element pipes, lines, conduits and/or other apparatus for access to common utilities without prior written Board approval. 7.3.2 Except as provided herein, no Owner or Occupant shall make any interior modifications to or place an excessive load on any structural or load bearing portions of a iJnit without first obtaining written Board approval. Such approval shall not be granted unless the Owner has presented to the Board a report or drawing prepared by a licensed structural engineer showing that compensating measures will be taken to ensure the -15- u I IIIII ~II ~II I~ ~~ ~ ~~~ ~ (I~ 5 ~3 6~~r•~~' JNNICE K VO6 n%AILL Dl?KIN OOU11rY CO R ZE3.M D •.00 structural integrity of the Unit and the Condominium. All building code requirements must be complied with and necessary permits and approvals secured for any modifications. 7.3.3 Except as provided herein, no Owner shall make any change to the Limited Cornmon Elements appurtenant to his or her Unit or in the use of said Limited Common Elements without first receiving the prior written approval of the Board. 7.3.4 Notwithstanding Sections 7.3.1, 7.3.2 and 7.3.3, above, al] Owners desiring to Inake any interior modification or alteration [o a Unit which may affect the Common Elements orstructure orload-bearing portions of a Unit must make application to the Boazd as described below in order for the Board to make the determination of whether its approval is required. Section 7.4 Required Action by the Board. Applications for approval of any architectural modification falling within the descriptions provided in Sections 7.3.1, 7.3.2, 7.3.3 or 7.3.4, above, shalt be in writing and shall provide such information as the Board may reasonably require. The Boazd shall be the sole arbiter of such application and may withhold approval for any reason, including purely aesthetic considerations; provided no decision of the Board shall be arbitrary or capricious. The Association, acting through the Board, shall be entitled to stop any constmction that does not conform to the approved plans. The standard for approval of such improvements shall include, but not be limited to: (1) aesthetic consideration, (2) materials to be used, (3) compliance with Community-Wide Standards, this Declaration, or the design standards which may 6e adopted by the Board, if any, (4) harmony with the external design of the existing building, Units and structures, and the location in relation to surrounding structures and topography, and (5) any other matter deemed to be relevant or appropriate by the Board. If the Board fails to approve or to disapprove such application within 45 days after the application and all information as tha Board may reasonably require have been submitted, then the Owner submitting the application may issue written notice, via certified mail, to the Association President, informing the President of the Owner's intent [o proceed with the modification as identified in the application. Unless the Association issues a written disapproval of the application within ten (10) days of receipt of the Owner's notice, the approval will not be required and this Section will be deemed complied with as to the items specifically identified in the application; provided, however, even if the requirements of this Seclion are satisfied, nothing herein shall authorize anyone to construct or maintain any structure or improvementthat is otherwise in violation of the Declaration, the Bylaws, or the rules and regulations of the Association or of any applicable caning or other laws. Section 7.5 EneroachmenuontoCommonElements.TheBoardmayperrrlitUnitOwners to make encroachments onto the Common Elements as it deems acceptable. Such permission or approval, if granted, shall be provided in writing to the Owner and recorded in the real property records of the County. If any Owner or Occupant makes any other exterior change, alteration, or construction upon the Common Elements or Limited Common Elements without permission or -16- 4 I I~~ YIII VIII ~I VIII IINII IIV~ M IIINII R IIII 5 ~e6z~eeef ea:z JMn CE K VOB CPAIOILL PITKIN COUNTY CO R 2at.la D !.M approval as described in this Article, he or she does so at his or her sole risk and expense. The Board tray require that such unapproved change. alteration or construction be removed or that it remain on the Corrtmon Elements or Limited Common Elements without reimbursement to the Owner or Occupant for any expense he or she may have incurred in making the change, alteration or construction. Section 7.6 Condition of Approval. As a condition of approva] for a requested architectural change, modification, addition, or alteration, an Owner, on behalfofhimselforherself and his or her successors-in-interest, shall assume all responsibilities for maintenance, repair, replacement and insurance of such change, modification, addition, or alteration, unless otherwise agreed to in writing by the Board. It is the responsibility of every Unit Owner to determine for himself or herself what azchitectural modifications have been made to his or her Unit by any predecessor-in-interesk In the discretion of the Board, an Owner may be made to verify such condition of approval by written instrument in recordable form acknowledged by such Owner on behalf of himself or herself and al] successors-in-interest. Section 7.7 Limitation of Liability. Review and approval of any application pursuant to this Article may be made on any basis, including solely the basis ofaesthetic considerations, and the Board of Directors shall not bear any responsibility for ensuring the design, quality, structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes, zoning regulations, and other governmental requirements. Neither the Association, the Board of Directors, nor member of any of the foregoing shall be held liable for any injury, damages or loss arising out of the manner, design, or quality of approved construction on or modifications to any Unit, nor may any action be brought against the Association, the Board of Directors, or any member thereof, for any such injury, damage or loss. Section 7.8 NoWaiverofFutureApprovals.EachOwneraclmowledgesthatthenteretbers of the Board of Directors will change from time to time and that interpretation, application and enforcement of the architectural standards may vary accordingly. Each Owner further acknowledges that the Board of Directors may adopt different architectural standards for different parts of the Condominium, based on such considerations as the Board may reasonably determine. The approval of the Board of Directors of any proposals, plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the Board of Directors, shall not constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings, or matters whatever subsequently or additionally submitted for approval or consent. Section 7.9 Commencement of Construction. Alt changes, modifications and improvements approved by the Board hereunder must be commenced within six months from the date of approval. If not commenced within such time, then such approval shall be deemed revoked, unless the Board gives a written extension for commencing the work. All work approved by the Board hereunder shall be completed in its entirety within 90 days from the date of commencement, unless otherwise agreed in writing by the Board. All approved changes, modifications, and improvements must be completed in their entirety. An Owner may not construct only a portion or _17_ .~ I~NIII~INII~IIIIIIIIaIIIIINI~INNU sw0ss~r~ ~v JPNICE K VOS CRIAILL PITKIN COUNTY CO R 201.00 D 0.00 part of an approved change, modification, or improvement. ARTICLE 8 L'SE RESTRICTIO'VS Each Owner of a Unit shall be responsible for ensuring that the Owner's family, guests, tenants and Occupants comply with all provisions of the Governing Documents and the rules and regulations of the Association. Furthermore, each Owner and Occupant shall always endeavor to observe and promote the cooperative purposes for which the Association was established. In addition to any rights the Association mayhave againstthe Owner's family,guests,tenantsar Occupants, as a result of such person's violation of the Governing Documents, the Association may take action under this Declaza[ion against the Owner as if the Owner committed the violation in conjunction with the Owner's family, guests, tenants or Occupants. In addition to the following use restrictions, the Board of Directors may adopt Community-Wide Standards and other rules and regulations in accordance with the terms hereof and as specified in the Bylaws. Section 8.1 Use of Units. Each Unit shall be used solely for residential purposes only. Section 8.2 in .The term "lease" as used berein shall include any agreement for the leasing or rental of a Condominium Unit and shall specifically include, without limitation, a month-to-month rental. The Owner of a Condominium Unit shall have the right to lease his Condominium Unit under the following conditions: 8.2.1 All leases shall be in writing and a copy of the lease deiivered to the Board or the Association's managing agent prior to the effective date of the lease. 8.2.2 All leases shall provide that the terms of the lease and lessee's occupancy of the Condominium Unit shall be subject in all respects to the provisions of this Declaration, the Association's Articles of Incorporation, Bylaws and roles and regulations, and that any failure by the lessee to comply with any of the aforesaid documents, in any respect, shall be default under the lease. If the Association requests that the Owner evict the Owner's tenant based on the terms ofthis Declaration, and the Owner fails to commence such action within 30 days of the date ofthe Association's request and notice, [he Association may commence eviction proceedings. Upon failure by the Owner to comply with the Association's request to evict, the Owner delegates and assigns to the Association, acting through the Board, the power and authority to evict the lessee as attorney-in-fact on behalf of and for the benefit of the Owner. If the Association evicts the lessee, any costs, including, but not limited to, reasonable attorney fees actually incurred and court costs associated with the eviction shall be an Assessment and lien against the Unit. 82.3 The Association shall have the authority to adopt rules and regulations regazding leasing. -18- IaINI~~II~YIIN~811NnIN1~8111N11~a 1rJ330/G2006r03 22 JANICE K VOS CIMxRLL P[TKIN LOUNTV LO R 201.00 D •.00 Section 8.3 Use of Common Elements. There shall be no obstruction of the Common Elements, nor shall anything be kept or stored on or removed from any part of the Common Elements without thepriorwrittenconsentoftheBoard,exceptasspecificallyprovidedherein.The Association shall not be liable to the Uwner of any Unit or such Owner's Occupant, guest. or family, for loss or damage. by theft or otherwise, of any property which maybe stored in or upon any of the Common Elements. Section 8.4 Use of Limited Common Elements. Except as otherwise provided herein, the use of the Limited Common Elements assigned to the Units is restricted exclusively to the Owners of the Unit or Units to which such Limited Common Elements are assigned. and said Owner;' Occupants, guests, family members and invitees. The Limited Common Elements are reserved for exclusive use, but shall not be construed or interpreted to be owned separate and apart from the Common Elements in general, and the restrictions applicable to the Common Elements shall also apply to the Limited Common Elements. Use ofthe Limited Common Elements shall at all times be governed by this Declaration, the Community-Wide Standards and other rules and regulations promulgated from time to time by the Board and/or Association as a whole. Section 8.5 Prohibition ofDama¢e.NuisanceandNoise.Withoutthepriorwrittenconsent of the Boazd of Directors, nothing shall be done or kept on the Condominium, or any part thereof, that would increase the rate of insurance on the Condominium or any Unit or part thereof, which would be in violation of any statute, mle, ordinance, regulation, permit or other validly imposed requirements of any governmental body, or which would increase the Common Expenses. The Units in the Condominium are built in close proximity to one another, resulting in the sharing of common walls, floors and ceilings. As a result, noise and vibration may be detectable between Units or between units and the Common Elements. Therefore, an Owner or Occupant shall not conduct activities within a Unit or use a Unit in a manner that interferes with or causes disruption to the use and quiet enjoyment of another Unit by its respective Owner and Occupant. Furthermore, no noxious, destmctive, offensive or unsanitary activity or other activity which constitutes a nuisance shall be carried on the Condominium, including within any Unit. No Owner or Occupant may use or allow the use of the Uni[ or any portion of the Condominium at any time, in any way, which may endanger the health or property of other Occupants, unreasonably annoy, disturb or cause embarrassment or discomfort to other Owners or Occupants, or, in the Board's discretion, constitute a nuisance. The intention of this provision is to grant the Association and aggrieved Owners and Occupants a right of redress for actions, activities or conduct which unreasonably disturbs or impairs the peaceful and safe enjoyment of the Condominium. Section 8.6 Sims. Except as may be provided for herein or as may be required or permitted by state law or legs] proceedings, no signs, advertising posters, political placards or billboards ofany kind shall be erected, placed, or permitted to remain on the Condominium without the prior written consent of the Board or its designee. The Board shall have the right to erect reasonable and appropriate signs on behalf of the Association. -19- r"~ ,,w~ \„.i 'Vt 1IINII~BII~~ ~IIA~,IIIII ~ III~IIn INI 19 0 206~f 13022 ,IiWICE K VOS CRUDILL PITKIN COUNTY CO R 2l1.la D •.0a Section 8.7 Rubbish. Trash. and Garbagg. Al] mbbish, trash, and garbage shall be regularly removed from the Unit and shall not be allowed to accumulate therein. No garbage or trash shall be placed on the Common Elements or Limited Common Elements outside the Unit, temporarily or otherwise, except in the designated trash receptacles. Rubbish, trash, and garbage shall be disposed of in appropriate sealed bags. No Owner or Occupant shall sweep or throw or permit to be swept or thrown from a Unit or the doors or windows or balconies any dirt, garbage or other substances. Section 8.8 UnsiEJLy or Unkempt Conditions. 7'he pursuit of hobbies or other activities which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken on any part ofthe Common Elements. Clothing, bedding, rugs, mops, appliances, indoor furniture, and other household items shall not be placed or stored outside the Unit. Section 8.9 Antennas and Satellite Dishes. Except as provided below, no satellite dish, antemta or other device for the transmission or reception of television signals, radio signals or any form ofelectromagnetic wave or radiation shall be erected, used or maintained on any portion ofthe Condominium, including the Unit or Limited Common Elements; provided, however, that the Association shall have the right to erect, conswct and maintain such devices. The following shall apply to all Unit Owners: 8.9.I No transmission antenna, of any kind, may be erected anywhere on the Condominium, including the Units, without written approval of the Board of Directors. 8.9.2 No direct broadcast satellite (DBS) antenna or multichannel multi-point distribution service (MHOS) antenna larger than. one meter in diameter shall be placed, allowed or maintained upon the Condominium, including the Units and the Limited Common Elements. 8.9.3 DBS and MMDS satellite dishes or antennas one meter or less in diameter and television broadcast service antennas may only be installed within a Unit or on the Limited Common Elements appurtenant to the Unit in accordance with Federal Communication Commission (FCC) roles and the rules and regulations of the Association, both as maybe amended from time to time. 8.9.4 The Association encouragesthatDBSandMMDSsatellitedishesoran[ennas one meter or less in diameter and television broadcast service antennas be installed on the roof of the building in which the Unit is located, subject to prior approval of the Board and in accordance with Federal Communication Commission (FCC) rules and the rules and regulations of the Association, both as may be amended from time to time. If a Unit is transferred which includes a satellite dish or antenna, the grantee shall assume all responsibility for the satellite dish or antenna and shall comply with this Declaration, the Bylaws and the roles and regulations regarding satellite dishes and antennas, including, but 20 - r' 4 IIIII~~~~~IN~I~IIRNII~~~I~~I 533 6~4~e~zz ]nNIGE K VOS CpUal not limited to, those requirements relating to maintenance and removal of satellite dish or antenna. Section 8.10 Grilline. Except as otherwise approved by the Board, no electric, gas, charcoal or wood burning grills are permitted to be used or stored on the Common Elements, including the Limited Common Elements. Section 8.11 Stored Personal P%pgTjy. Withoutptior written permission ofthe Boazd, no personal property shall be stored, kept, or allowed to remain For more than 24 hours upon any portion of the Common Elements, other than on a Limited Common Elementwhich has specifically approved for such use by the Board,. If the Boazd determines that a violation exists, then, not less than two days after written notice is placed on the personal property and/or on the front door of the property owner's Unit, if known, the Board may rcmove and either discard or store the personal property in a location which the Board or the agent of the Association may determine and shall have no obligation to return, replace or reimburse the owner of the property. The notice shall include the name and telephone number of the person or entity which will remove the property and the name and telephone number of a person to contact regarding the alleged violation. The Board, in its discretion, may determine that an emergency situation exists and may exercise its removal rights hereunder without prior notice to the property owner; provided, however, in such case, the Board shall give the property owner, if known, notice of the removal of the property and the location of the property within three days after the property is removed. Neither the Association nor any Director, officer or agent thereof shall be liable to any person for any claim of damage resulting Crom the removal activity in accordance herewith. The Boazd may elect to impose fines or use other available remedies, rather than exercise its authority to remove property hereunder. The .Association shall not be liable to the Owner of any Uni[ or such Owner's Occupant, guest, or family, for loss or damage, by theft or otherwise, of any property which maybe stored in or upon any of the Common Elements. Section 8.12 Rules and Retmlations. The Board of Directors may adopt, amend and repeal rules and regulations concerning and governing the Condominium in furtherance of the provisions of this Declaration and the general plan of development. The Hoard of Directors may also establish and enforce penalties for infractions of the rules, including, but not limited to fines and suspension of rights to use the recreational facilities. ARTICLE 9 INSURANCE Section 9.1 Association's Insurance. The Association shall obtain and maintain at all times, as a Common Expense, insurance as required herein. The Association's policy shall rebuild the Unit to the quality of the construction as originally built or as modified by subsequent modification as permittcd in this Declaration. The Association's insurance policy may exclude improvements and betterments made by Owners subsequent to the original construction and may _21 _ I IINI N~ NNII IN ~~ IIN NII~ III IAN N III 53ae szeesru2 JiNJIOE K VO6 CFWILL PITKIN COUNTY CO R Za1 .00 D a.li exclude the finished surfaces ofperimeter and partition walls, floors, and ceilings within the Units (i.e., paint. wallpaper, paneling, other wall covering, tile, carpet and any floor covering), if, in the sole and absolute discretion of the Board the cost of such insurance is excessive. If the Board elects to exclude such coverage from the Association's insumnce policy, it shall immediately provide notice thereof to the Owners, who will be responsible for providing such insuratce for the Units owned by each such Owner. All insurance purchased by the Association pursuant to this Article shall run to the benefit of the Association, the Board of Directors, officers, al[ agents and employees of the Association, the Unit Owners, and all other persons entitled to occupy any Unit as their interests may appear. The Association's insurance policy may contain a reasonable deductible, and the amount thereof shall not be subtracted from the face amount of the policy in detemtining whether the insurance equals at least the replacement cost of the insured property. The Boazd of Directors shall make available for review by Owners a copy of the Association's insurance policy to allow Owners to assess their personal insurance needs. Each Owner shall have the right to obtain additional coverage at his or her own expense. All insurance coverage for the Association shall be written in the name of the Association as trustee for itself, each of the Owners, and the Mortgagees of Owners, if any. It shall be the duty of the Boazd of Directors at least every two (2) yeazs to conduct an insurance review to detern»ne if the policy in force is adequate to meet the needs of the Association. Such responsibility may be performed, and shall be deemed reasonably performed, by the Board requesting the Association's insurance agent to verify that insurance policies in existence meet the needs of the Association and satisfy the requirements of this Declaration. Section 9.2 Blanket Insurance. The Board of Directors shall utilize reasonable efforts to secure a blanket hazard insurance policy providing "all risk" coverage in an amount equal to full replacement cost, before application of deductibles, of all improvements located on the Condominium. [f"all risk" coverage is not reasonably available at reasonable cost, the Board shall obtain, at a minimum, broad form covered causes of loss, in like amounts. The Board shall use reasonable efforts to obtain policies that will provide the following: 9.2.1 each UnitOwnerisaninsuredpersonunderthepolicywithrespecttoliabi]ity arising out of such Unit Owner's interest in the Common Elements or membership in the Association; 9.2.2 the insurer waives its rights of subrogation of any claims against directors, officers, the managing agent, the individual Owners and their respective household members; 9.2.3 no act or omission by any Unit Owner not under the control of the Association will void the policy or be a condition to recovery under the policy; _22_ o 1 null INII HIIII IIII ~ IIIIII I~I~ III III~II II I~ 53~szse4ere~n dWJItE K VO6 CRIAILL PITNIN WUNrM CO R I01.N D 0.00 9.2.4 ordinance or law coverage, demolition cost coverage and increased cost of construction coverage; 9.2.5 any "other insurance' clause contained in the master policy shall expressly exclude individual Unit Owners' policies from its operation; 9.2.6 the master policy may not be canceled, substantially modified, or subjected to non-renewal without at least 30 days prior notice in writing to the Boazd of Directors, except in case of nonpayment of premiums, in which case 10-day prior notice in writing shall be required; 9.2.7 the casualty insurance may not contain a "co-insurance" provision; 9.2.8 all insurance policies of the Association shall be primary if there is other insurance in the name of the Owner; 9.2.9 an agreed value endorsement and an inflation guard endorsement; and 9.2.10 steamboiler and machinery coverage endorsement with a minimum liability per accident equal to the insurable value oftbe building housing the boiler or machinery. In the alternative, the Association may purchase separate stand-alone boiler and machinery coverage. Section 9.3 Rgguired Insurance Companies. All policies of insurance shall be written with a company licensed to do business in the State of Colorado. The company shall provide insurance certificates [o each Owner and each Mortgagee upon request. 9.3.1 Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors. 9.3.2 In no event shall the insurance coverage obtained and maintained by the Association hereunderbe brought into contribution with insurance purchased by individual Unit Owners or their Mortgagees. Each Unit Owner shall notify the Board of Directors of all structural improvements made by the Unit Owner to his or her Unit. 9.3.3 In addition to the insurance required above, the Board shall obtain as a Common Expense: 9.03.3.1 workers' wmpensation insurance if and to the extent necessary to meet the requirements of law; 9.03.3.2 public liability insurance in amounts no less than $1,000,000.00, and officers' and directors' liability insurance in such amounts as the Board may determine. The public liability insurance shall 23 - ~_ I N~ ~ RNA ~ ~II ~IIII ~ I~ II~II<~ II ~II 5 ~aes~ae{ea•22 JPNICE K Vas CRIn lLL PITKIN CWMY LO R 201.00 D 0.00 contain a cross liability endorsement; 9.03.3.3 fidelity bonds, if reasonably available, covering officers, daectors, employees, and other persons who handle or are responsible for handling Association funds in an amount consistent with the best business judgment of the Boazd of Directors; and 9.03.3.4 such other insurance as the Boazd of Directors may determine to be necessary or desirable. 9.3.4 Insurance carried by the Association as a Common Expense shall not be required to include: (I) any part of a Unit that is not depicted on the Map; or (ii) any part of a Unit that was not included as part of the collateral for the initial loan made for the initial purchase of the Unit, nor shall the Association include public liability insurance for individual Owners Tor liability arising within the Unit. 9.3.5 Nothing contained herein gives any Owner or other party a priority over any rights of first Mortgagees as to distribution of insurance proceeds. Any insurance proceeds payable to the Owner of a Unit on which there is a Mortgagee endorsement shall be disbursed jointly to such Unit Owner and the Mortgagee. This is a covenant for the benefit of any such Mortgagee and may be enforced by any such Mortgagee. 9.3.6 Insurance Deductibles. In the evert of an insured loss, any required deductible shall be considered a maintenance expense to be paid by the person or persons who would be responsible for such loss in the absence of insurance unless the lass is caused by the negligent or willful act or omission of the Association or another Owner, or the Owner's fancily members, co-habitants, guests or other invitees, in which case the negligent party or party who committed a willful act or omission shall be responsible for the deductible. If the loss affects more than one Unit or a Unit and the Cotmnon Elements, the cost of the deductible may be apportioned equitably by the Board among the parties suffering loss in proportion to the total cost of repair, subject to the above standazd regarding negligence and willful conduct. Notwithstanding this, if the insurance policy provides that [be deductible will apply to each Unit separately or to each occurrence, each Unit Owner shall be responsible fur paying the deductible pertaining to his or her Unit, if any, subject to the above standard regarding negligence and willful conduct. If any Owner or Owners fail to pay the deductible when required under this Section, then the Association may pay the deductible and assess the cost to the Owner or Owners pursuant to Article 5 of this Declaration. 9.3.7 Pavment of Claims to Delinquent Owners. Notwithstanding anything to the contrary herein, in the event of an insured loss under the Association's master hazard insurance policy for which the Association receives from the insurer payment for a loss sustained by an Owner who is delinquent in the payment of assessments owed to the Association under Article 5 herwf, then the Association may retain and apply such proceeds to the delinquency. Any surplus remaining after application of the proceeds to any -24- 4 Page: 3• Pi 40 II~~~~~1IINIIIIpINIIII11p1I~ 531664 dRNICE K VOS CAUD[LL PITKIN COUNTY CO 11/30/2aaB 03:21 tt 2et.Be o r.ee delinquency shall be paid by the Association to the affected Unit Owner. Section 9.4 Owners' Insurance. Every Unit Owner shall be obligated to obtain and maintain at all times insurance wvering those portions of his or her Uttit to the extent not insured by policies maintained by the Association; including, but not limited to paint, wallpaper, paneling, other wall covering, window covering, tile, carpet and floor covering if the Board elects not to acquire of such elements, as provided in Section 9.1, above. Each Unit Owner is also responsible far obtaining insurance covering his or herpersonal property and coverage for liability arising within the Unit. The Association shall have no liability for the failure of any Unit Owner to maintain required insurance. Upon request by the Board, the Unit Owner shall famish a copy of such insurance policy or policies to the Association. ARTICLE 10 REPAIR AND RECONSTRUCTION Section 10.1 Repair and Reconstruction, In the event of damage to or destruction of all or any part of the Condominium as a result of ftte or other casualty, unless Unit Owners holding at least two-thirds of the total Association vote, including the Owner or Owners of any damaged Unit or Units, vote not to proceed with the reconstruction and repair of the structure, the Board of Directors or its duly authorized agent shall arrange for and supervise the prompt repair and restoration of the stmcture. In the event of substantial damage or destruction, each holder of a first Mortgage shall be entitled to written notice of the damage, and nothing in these documents shall be construed to afford a priority to any Unit Owner with respect to the distribution of proceeds to any such Unit. 10. ] .1 Cost Estimates. Immediately after a fire or other casualty causing damage to the Condominium, the Board of Director; shall obtain reliable and detailed estimates ofthe cost of repairing and restoring the structures (including any damaged Unit) to substantially the condition that existed before such casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. Such costs may also include professional fees and premiums for such bonds as the Board of Directors determines to be necessary. 10.1.2 Source and Allocation of Proceeds. If the proceeds of insurance are not sufficient to defray the costs of reconstruction and repair due to failure of the Association to maintain coverage as provided in Article 9 of this Declaration, the additional cost shall be a Common Expense. If, for any other reason, the proceeds of insurance are not sufficient to defray the costs of reconstruction and repair, as determined by the Boazd, the additional costs shall be assessed against the Owners of the Unit(s~amaged in proportion to the damage to the Units or against all Owners, in the case of insufficient funds to cover damage to the Common Elements. This assessment shall be considered a special specific assessment as provided in Section 5.7 of this lleclazation. If there are surplus funds after repair and reconstruction is completed, such funds shall be common funds ofthe Association to be used as directed by the Board. -25- © `, ~~ryp~ntap~,^~„~,lla'NIt~~~p~Qrylp{ryl~~I~~~~ q~O1NRl u~i 5 ~3a6 Neeea :z ~E N°~'0'g"~p~piLL PITKIN CWNrY 10.1.3 FIoQ~lans and Snecifcations. Any such reconstmction or repair shall be substantially in accordance with the Map and spxificauons under which the Condominium was originally constructed or as reflected in a subsequent amendment of the Map, except where changes are necessary to comply will current applicable building codes or where improvements not in accordance with the original or revised Map and specifications are approved by the Board of Directors. To the extent insurance proceeds are available, the Association may reconstruct or repair Owner improvements damaged as a result of fire or other casualty. 10.1.4 F~c*^+achments.EneroachmentsuponorinfavorofUnitsthatmaybecreated as a result of such reconstruction or repair shall not constitute a claim or basis for any prceeeding or action by the Unit Owner upon whose property such encroachment exists, provided that such reconstruction was substantially in accordance with the architectural plans under which the Condominium was originally constructed or as revised in subsequent Map .Such encroachments shall be allowed to continue in existence for so long as the reconstructed building shall stand. 10.1.5 ~QIIStmrNnn Fund. The net proceeds of the insurance collected on account of a casualty and the funds collected by the Association from assessments against Unit Owners on account of such casualty shall constitute a construction fund, which shall be disbursed in payment of the cost of reconstruction and repair in the manner set forth in this Article to be disbursed by the Association in appropriate progress payments to such contractor(s), supplier(s). and persormel performing the work or supplying materials or services for the repair and reconstruction of the buildings as are designated by the Board of Directors. ARTICLE I1 EASEMENTS Section 11.1 Racrments for Use and Eniovment of the Common Elements and Common Areas• Every Unit Owner and Occupant shall have a right and non-exclusive easement of ingress and egress, use and enjoyment in and to the Common Elements and the Common Areas which shall be appurtenant to and shall pass with the title to his or her Unit, subject to the following provisions: l l.l.l the rights of the Unit Owners to the exclusive use of the Limited Common Elements assigned to their respective Units; 11.1.2 the right of the Association to have access to the Units and Limited Common Elements assigned to a Unit to discharge its rights and obligations, under the Governing Documents, including without limitation, the maintenance responsibility of the Association. 11.1.3 the right of the Association to boaow money as set forth in Section 5.10 26 - I~~~IIMRnIItN1~~~MlZlsi Nliao6zeoe~e3 zz JNNICE K VOS CRUOILL of this Declaration; provided, however, the lien and encumbrance of any such security interest given by the Association shall be subject and subordinate to any rights, interests, options, easements and privileges herein reserved or established for any Unit or Unit Owner. (Any provision in this Declaration or in any such security interest given by the Association to the contrary notwithstanding, the exerase of any rights therein by the holder thereof in the event of a default thereunder shall not cancel or terminate any rights, easements or privileges herein reserved or established for the benefit of any Unit or Unit Owner); 11.1.4 the right of the Association to grant easements, ]eases and licenses across the Common elements; 11.1.5 the right of the Association to dedicate or transfer all or any portion of the Common Elements subject to approval of Owners holding two-thirds of the total Association vote; 11.1.6 the right of the Association to change the use of portions of the Common Elements or to close portions of the Common Elements; and 1 ] .1.7 the right of the Association to adopt reasonable rules and regulations regazding use of the Common Elements. Any Unit Owner may delegate his or her right of use and enjoyment in and to the Common ElemenU, Common Areas and facilities located thereon to the members of his or her family, his or her tenants and guests, and shell be deemed to have made a delegation of all such rights to the Occupants of his or her Unit, if leased. Section 11.2 Sunoort. Every portion of a Unit and all Common Elements contributing to the support of an abutting Unit shall be burdened with anon-exclusive easement of support for the benefit of such abutting Unit. Section 11.3 Encroachments. To the extent that any Unit or Common Element encroaches on any other Unit or Common Element or the Common Areas, a valid easement for the encroachment exists. The easement does not relieve a Unit Owner of liability in case of gross negligence or willful misconduct. Section l ] .4 ~ ities. To the extent that any utility line, chase, pipe, wire, or conduit serving any Unit, Units or the Common Elements lies wholly or partially within the boundaries of another Unit or the Cornnron Elements, such other Unik Units, or the Common Elements shall be burdened with anon-exclusive easement for the use, maintenance, repair and replacement of such utility lint, pipe, wire or conduit, such non-exclusive easement to be in favor of the Unit. Units, or Common Elements served by the same and the Assocration. At the sole expense of the Association, without need for a membership vote, and without the consent of any affected Unit Owner, the Board of Directors, on behalf of the Owner can relocate any portion of the air _27_ r ~,.- Ill~~~~tfllllll~l{~IIIIII~IIRI11pIINl ~3~e6~~Nea:n aaNicr K vos caw conditioning, heating, plumbing. ventilating. exhaust or electrical system serving a particular Unit, provided that after such relocation, the system serving the Unit functions at least as well and at no greater cost m the Unit Owner as existed prior to the relocation. Section (1.5 Pu ral. The easements and rights created in this Article do not, are not intended to, and shall not be construed to create any easements or rights in or for the benefit of the general public; provided, however, nothing set forth herein shall in any way limit or restrict any existing easements or rights already granted to the public as such easements or rights are previously recorded in the real property records of the County. ARTICLE 12 AUTHORITY AND ENFORCEMENT Section 12.1 C'e • 'fhe Condominium shall be used only for those uses and purposes set out in this Declaration Every Owner and Occupant shall comply with this Declaration, the Bylaws and rules and regulations of the Association, and any lack of compliance therewith shall entitle the Association and, in an appropriate case, one or more aggrieved Unit Owners, to take action to enforce the terms of the Declaration, Bylaws or rules and regulations. [n addition to any rights the Association may have against an Owner's family, guests, tenants or Occupants, as a result of such person's violation of the Governing Documents, the Association may take action under this Declaration against the Owner as if the Owner committed the violation in conjunction with the Owner's family, guests, tenants or Occupants. The Board shall have the power to impose reasonable fines, which shall constitute a lien upon the Owner's Unit. If any Occupant ofa Unitviolates the Declaration, Bylaws or roles and regulations, a fine may be imposed against the Owner and/or Occupant after notice to the alleged violator and an opportunity to be heard in accordance with the Association's covenant and rule enforcement procedure. In any enforcement action taken by the Association under this Article, to the maximum extent permissible under the Act, al] costs incurred by the Association in abating a violation or otherwise taking action to enforce the Declaration, Bylaws or Association rules, including reasonable attorney's fees actually incurred, may be assessed against the violating Owner and/or Occupant as a Specific Special Assessment pursuant to Section 5.7 above. Section 12.2 Additional Enforcement Riehts• Notwithstanding anything to the contrary herein contained, the Board may elect to enforce any provision of the Declaration, the Bylaws, or the rules and regulations by self-help and/or by suit at law or in equity to enjoin any violation or to recover monetary damages or both, without the necessity for compliance with any hearing procedure. The Association or its duly authorized agent shall have the power to enter upon any portion of the Common Elements, including the Limited Common Elements, to abate or remove, using such force as may be reasonably necessary, any structure, thing or condition which violates the Declaration, _2g_ '` 4 ., {~~~~IImKiN~!~IIYI~~ 11R1I~I ~33 66~~ea~u JpryrCE K V05 CPUDILL PI the Bylaws or the rules and regulations. Such removal, abatement and restoration shall be accomplished at the violator's sole cost and expense. If the Association exercises its right subject to this Section, all costs and fees actually incurred by the Association in cormection with the violation, including, without limitation, reasonable attorney's fees and costs, shall be assessed against the violating Owner or Occupant as a Specific Special Assessment. The Association shall also have the authority to record in the Pitkin County teal property records a notice of violation identifying any uncured violation of the Declazation, Bylaws or rules and regulations regarding the Unit and or the Unit Owner. Section 12.3 t;a9tnretoEnforce.ThefailureofdleAssociationortheBoardtoenfomeany provision of the Declaration, Bylaws or rules and regulations shall not be deemed a waiver of the right of the Soard to do so thereafter. No right of action shall exist against the Association for failure of enforcement where: (I) the Board determines [hat the Association's position is not strong enough to justify taking enforcement action; (ii) a particular violation is not of such a material nature as to be objectionable to a reasonable person or justify the expense and resources to pursue; or (iii) the Owner or party asserting a failure of enforcement possesses an independent right to bring an enforcement action at law or in equity and has failed to do so. ARTICLE 13 AMENDMENTS. Except where a higher vote is required for action under any other provision of this Declaration or by the Act, in which case such higher vote shall be necessary to amend such provision, this Declaration and/or the Map may be amended by the affimtative vote, wrinen consent, or any combination of affirmative vote and written consent of the Unit Owners holding atleasttwo-thirds of the tots] Association vote. Notice of any meeting at which a proposed amendment will be considered shall state the fact of consideration and the subject matter of the proposed amendment. No amendment shall be effective until certified by the President and Secretary of the Association and recorded in the Pitkin County, Colorado real property records. ARTICLE 14 QFNFRAI PROVISIONS Section 14.1 SECURITY. THE ASSOCIATION MAY, BUT SHALL NOT BE REQUIRED TO, FROMTIMETOTIME,PROVIDEMEASURESORTAKEAC'fIONSWHICH DIRECTLY OR INDIRECTLY IMPROVE SECURITY ON THE CONDOMINIU M; HOWEVER, EACH OWNER, FOR HIMSELF OR HERSELF AND HIS OR HER TENANTS, GUESTS, LICENSEES. AND INVITEES, ACKNOWLEDGES AND AGREES THAT THE ASSOCIATION IS NOT A PRO VIDER OF SECURITY AND TIIE ASSOCIATION SHALL NOT HAVE A DUTY TO PROVIDE SECURITYONTHECONDOMINIUM. FURTHERMORE,THEASSOCIATION DOES NOT GUARANTY THAT NON-UNIT OWNERS AND NON- OCCUPANTS W [LL NOT GAIN ACCESS TO THE CONDOMINIUM AND COMMIT CRIMINAL ACTS ON THE 29 - ~/ ..i I~~~~IIIII~IIH~I~IN~RIIZOI ~>~~6~°ee30's dpNiCE K VOS CIKAILL CONDOMINIUM NOR DOES THE ASSOCIATION GUARANTEE THAT CRIMINAL ACTS ON THE CONDOMINIUM WILL NOT BE COMMITTED BY OTHER UNIT OWNERS OR OCCUPANTS. I'T SHALL BE THE RESPONSIBILITY OF EACH OWNER TO PROTECT HIS OR HER PERSON AND PROPERTY AND ALL RESPONSIBILITY TO PROVIDE SUCH SECURITY SHALL LIE SOLELY WITH EACH UNIT OWNER THE ASSOCIATION SHALL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF MEASURES UNDERTAKEN. Section 14.2 nicnute Resolution. Prior to filing a lawsuit against the Association, the Board, or any officer, director, or property manager of the Association, a Unit Owner or Occupant must request and attend a hearing with the Board of Directors. Any such request shall be in writing and shall be personally delivered to any member of the Board of Directors or the pmperty manager, if any, of the Association. "fhe Owner or Occupant shall, in such request and at the hearing, make a good faith effort to explain the grievance to the Board and resolve the dispute in an amicable fashion, and shall give the Board a reasonable opportunity to address the Owner's or Occupant's grievance before filing suit. Upon receiving a request for a hearing, the Board shall give notice of the date, time and place ofthe hearing to the person requesting the hearing. The Board shall schedule this heazing for a date not less than ten or more than 21 days from the date of receipt of the request. Section 14.3 Implied Riehts. The Association may exercise any right orprivilege given to it expresslyby this Declaration, the Bylaws, the Articles oflncorporation, any use restriction or rule, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. Section 14.4 Ele tropic Records Notices and Sienatwes. Notwithstanding any other portion of this Declazation or of the Bylaws, records, signatures and notices shall not be denied validity or effectiveness hereunder solely on the grounds that they are transmitted, stored, made or presented electronically. The relevant provisions ofthe Bylaws shall govern the giving ofall notices required by this Declaration. Section 14.5 Duration. The covenants andrestrictionsofthisDeclarationsha]lrunwithand bind the Condominium property perpetually unless otherwise terminated as provided herein. Section 14.6 ev ra ~ ~ .Invalidation of any one of these covenants or restrictions by judgment or court order or otherwise shall in rio way affect the application of suchprovision to other circumstances or affect any other provision(s), which shall remain in full force and effect. [REMAINDER OF PAGE INTL'NTfONALLY LEFT BLANK.] -30- pp ~~0 I ~ M l I ~ I I 53166 e s a N 1111 I 11 1 11111 I iO i ~11 I I I zz s ~e ,~, 2 Y ~ l x p ~ IKIN~U III~ II ~ IN WITNESS WHEREOF, the wtdersigned officers of Der Berghof hereby certify that this First Amended and Restated Declaration of Der Bcrghof Condominium was duly adopud by the Members of the Associate Executed this ~ / day of 2006. DER BERGHOF CONDOMINIUMS By: Michael Knapp z_ President STATE OF 1 C.h } } ss. COUNTY OF ~,_ } ~C~ The foregoing insWmerrt was acknowledged before me this ~! daY of November, 2006, by Michael Knapp as President of the Der Berghoff Association. Witness my hand and offrcisl seal. Notary P lic My commission expires: AMY M. DERRY Notary Public, Kent County, MI My Commission Expires 12 ~t17_D1'I Acting in F'.c°.t r;^~ -31 - \- r ~ V mI ~I~~~II~ 53306~.e ~zz I~ lglf~~ c, a zet . ea lNN/CF. K VOS GpIpiLL p7rK[N GOUNrr ~ Le¢al Dcscriation of Rea] Estate Lots K, L, M and N, Block 69, City and Townsite of Aspen, County of Pitkin, State of Colorado Exhibi Exceptions and Mineral Reservations as contained in Patent to Aspen Townsite recorded March ], 1897 in Book 139 at Page 2] 6 as Reception No. 60156. Terms, conditions, obligations and restridtions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion or national origin, as contained in Condominium Declaration for Der Berghof recorded May 23, 1974 in Book 287 at Page 539 as Reception No. 167661. Terms, conditions, agreements, provisions and obligations as set forth in Grant of Exemption from Subdivision Regulations recorded May 24, 1974 in Book 287 at Page 602. Easements, rights of way, and other matters as shown on the Plat of the Der Berghof Condominium recorded May 24, 1974 in Plat Book 4 at Page 467 as Reception No. 167887 -32- I IeW~lElllll 11 ~I I~Ilp~llll IulKll INI~II III ~I11R ~1~ a ~3°6zeas~e~zz Exhi it C Tah1e of Allocated Interests Fraction of Common Elements and xpcn~es Common E Votes ' the Association wit Number . I One -Twelfth One 2 One -Twelfth One g One -Twelfth One q One -Twelfth One g One -Twelfth One 6 One -Twelfth One ~ One -Twelfth One g q One -Twelfth One -Twelfth One One 10 One -Twelfth One 11 12 One -Twelfth One One -Twelfth One -33- 5316~l4 I NI~~ IIaa~ h I ~II IINII ~I I~N NN INI ~ ~ n ~~0: m. 00 ~ CERTIFICATE OF THE DER BERGAOFF ASSOCIATION RELATED TO AUTHORIZATION TO FH.E AMENDED AND RESTATED CONDOI~IIUM DECLARATION 1, Michael Knapp, certify that T am the President ofthe Der Berglwff Association ("the Association', and do further certify as follows: 1. TheAssacietionistheassociationofunitownersoftheDerBerghoffCondomininiums("the Project"), as described in the Condominium Map thereof recorded in the real property records of Pitkin County, Colorado in Plat Book 4 at Page 467, and as provided in the Condominium Declaration for Der Berghof Condominiums recorded in the real property records of Pitkin County, Colorado on May 23, 1974, in Book 287, Page 539 (hereinafter refernd to as the "Original Declaration"). 2. At the annual meeting ofthe Association held on Saturday, Sepumber 2, 2006, the members ofthe Association elected to have the Association treatod as if it were cn~tod after June 30, 1992, and thereby subject the Project to all of the provisions contained in the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101, et seq. (referred to herein as "CCIOA"). The you in favor of the adoption of CCIOA exceeded sixty-seven percent (67%) ofthe votes that the persons present at the meeting in person or by proxy were entitled to cast. 3. Following the Assa:iation's election to adopt the CCIOA, the members ofthe Association considered fire adoption ofthe First Amended and Restated Declaration forthe Der Berghoff Condominiums(referted toherein asthe "First Amended peclaration'~ in the form attached hereu. The members of the Association voted to adopt the First Amended Declaration by a vote in excess of sixty-seven percent (67%). 4. All of the holders ol'recorded first mortgage or deeds of trust against any Unit in the Project either consented or, pursuant to C.R.S. § 38-33.3-217(b), are deemed to have consented to the execution and recording ofthe First Amended Declaration. Notice ofProposed Adoption of the First Amended Declaration was published in The Ascen Times on September I5, 2006, and Sepumber 22, 2006. 5. The version of the First Amended Declaration attached hereto is identical to the version approved by the Members at the meeting held on September 2, 2006. Executed and Acknowledged on the day of November, 2006. THE DER BERGHOFF ASSOCIATION Michael Knapp ; President ~ ` "- IhINI~~I~III~I~IIII~IN couNrr ~IINII~ ~ ~~6 ~4~°~°zz ]RNICE K VOS ~pWILL P STATE OF ~ ~ l.~ t ~C~.1/~ } } ss. COUNTY OF__ } The foregoing instrument was acknowledged before me this ~ day of November, 2006, by Michael Knapp as President of the Der Berghoff Association. Witness my hand and official seal Notary Publ c My commission expires: AMY M. DERRY AMY M. ~ ` Notary Publie, Kent County, MI Notary Public, ~ My Commission Expires 12114!2011 IJty Commissar. Acting in Kent Couniy Acting i- REC~I!lEl~ ATTACHMENT 2 -LAND USE APPLICATION $EP 0 4 2011tl APPLICANT: Name: ~ p Yt'yvl virl z COMMUNITY DEVEIOPMEN7 Location: d0 ~• ?~ (Indicate street ad ress, lot & block number, le al descri tion where a ro riate) Parcel ID # RE UIRED 3 5- /Z - /- o Zo vK i f 2 2 liEPHEJEN~rA~rIVE; Name: ~4't/!Glr~f ~ l~Yilz~s~y~l-t Ai~/~1~~1~'C "~ //[/~ ~PS/~i~ Address: //~ 5. /VlOyta~dt , ~~~ IIGJ•II/~/Yl LC~/`Gr Phone #: 9~- 5~- `ODG ~ PROJECT: Name: ~ Q l? N?S Address: /VQ ~ l/]"1^~it2GL2~ Phone #: TYPE OF APPLICATION: (please check all that apply): ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt. ^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Mazgin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane n° G/G/+~a~ 5 ' ^ Lot Split ^ Temporary Use ~ / Other: / ~ n Lot Line Adiustment n Text/Man Amendment Ld~S/gst ~~ 1~ v~G EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) ~u~f #1102/. ZdIJB A•~glG PROPOSAL: (descnphon of proposed buildings, uses, modifications, etc.) ~~/~6t1 S/~i~i ~~ ~l~~Wi!'>o Have you attached the following? FEES DuE: $ ^ Pre-Application Conference Summary - l~ G>iIa' ~+'f h!C Uv2 ~~ wj /L R Svnrm A+rrh~ sw 25f)uq~sf Attachment #1, Signed Fee Agreement ~ ~ ~/ Pke la.~- Response to Attachment #3, Dimensional Requirements Form TOE 6~"~ ~ ~~~~ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. ~/ rowland+broughton architecture and urban design TRANSMITTAL Project: Der Berghof - 2616 Subject: Variance -PERMIT - 0021.2008.ARBK Date: 02 September 2008 To: Todd Grange From: Sarah Broughton Via: Personal Delivery Attachments: See below RECEIVED SkP 0 ~ 2008 COCIv1Ufl TyO~ ~SOPM NT If you do not receive all attachments listed above please call immediately. Cc: Jennifer Phelan (City-Senior Long Range Planner) Mike Knapp (Der Berghof HOA President) Hi Todd, Please find enclosed the Administrative Variance for three Residential Design Standards. Attachment #1, Signed Fee Agreement Attachment #2, Land Use Application Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements with Submittal Key: -Signed Letter, including street address and legal description of parcel (#1, #2, #7) - Disclosure of ownership -Title Commitment (#3) - Vicinity Map (#4) - Site Improvement Surrey (#5) - Site Plan (#6) - Proposed Elevations (#9) - Proposed Building Renderings -Neighborhood Block Plan (#28) - Roof Plan (#29) - Site Photos (#30) Please contact us if you need any other information. Best regards, oay N y -~n ~~~ ~:~ ~w~ E~J ~V!/, ~°°-3 do d~~ ~ d n~ ~ ~~ s 'o m w ~~~ ~;~ oo~ ~m~ ~ n m ono 3> j m n o ~ o o m mmm ~ N O ~ ~~,_ d ,~~ aWo _QON O W A ~ W A (O O _S W Q ~ ~ O ~wm n V _ O w 3 ~ 'v wo o~ W A w P O W m p J W w V N Sarah Broughton CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and /lE (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. (hereinafter, THE to CITY 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their heazings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs aze incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ ~ 5. 40 which is for ~ rfG hours of Community Development staff time, and if actual recorded costs exceed [he initial deposit, APPLICANT shall pay additional monthly billings [o CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director ~~c~EIVED ~rP a ~= 2UUd i~_ ~~ i~F ASPEN !COMMUNITY DEVELOPMENT APPLICANT gy, G ~~ Date: ~/2~o O Bill To Mailing Address and Telephone Number: ~la.~t~ f,~j h,~ //~ S• ~~,ma~r-~- sf /, ~ ~~~ ~~ pc, -~ 9 a~- 5¢¢-~~~ Project: Applicant: Location: Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units: Number of bedrooms: Existing: ~(/ ~} Proposed: ~ Existing: / Z Proposed: / 2 Existing:~_Proposed. Proposed % of demolition (Historic properties only): N 9 DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height: On-Site parking: Site coverage: Open Space: Front Setback: Rear Setback: Combined F/R: ~Gf~1/' Side Setback: We~ Side Setback: Combined Sides Distance Between Buildings Existing: /at ~ba `Allowable: ~~ ~ `~ Proposed: ~`ft~ $9g<SF n ~ it / ii Existing.• ZS ~ /, Allowable: 7i`b Proposed: 3~ '!b Existing: /y f)" Allowable: ~ Proposed. Existing: ~2 Required: ~Z Proposed: ~2- Existing: ~Reguired: ~ Proposed: -' Existing.• N/A' Required: ~ Proposed. Existing: n / /~ /3"-D Required: Jr O Proposed: Existing: tr / p 9/~ Required:' ~ n Proposed: S- i~ Existing: ~Required: -" Proposed: ~ Existing: / M t ~~ ~'O Required: Jt'-0 / ~~ Proposed.•~-~ Existing: t ,~ i r lG~' D Required:~ t Proposed:r7 Existing.• /(~/~__Required: '- Proposed.• - Existing ~(//~ Required: Proposed: ^- Existing non-conformities or encroachments: Variations requested: G( h (/R/l~l~i'IC2 ' 9~~ q-lo h4o(n>~/a~ 2(0.410. 04 (n~(~, ~ 1; 26.410.040 ~~)(z) ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM '. I `~`v\ V 1 C W \\ `~ l `~ lv ~N .~ ~~ ]^V_l \\ v m O y~ V 1~ O a o S~ ~ R \~\\ ~N 1 A (~~W1 l O GJ A ~y {E p ~ Y S A h go ~ ~ ~ ~~ ~ ~~ s =g a S ~ ~ x$ ~ ~ s g ggs p S E p§§-~ '6 > E i i s s ~e ~ 5 P E 8 w s °~ #'~ igg S e~ € .g $ .~ $ s u 5 s~ € aqq~,' g ~q y ~ e ~ Cc kg $ C & 8 e A ~- E ~ ~~~ ~g a ~$ ~~ F K° ~ o ~ ~ ° ° a xe v S '~ ~ R§ r ~. $~ fff_ ~ e~ e g, g or ec8 Sq ~& u O a eEg o $ ~~a Ery ~ 8 E s Q1 O OA S~Y oh ~'$S ai 8 eo ~;~2 ~§~h $~s ~p~ ~ § F_1 Y. __ 1 ~c&~3 Da ff ~# RS~@ s~ k'Q ~SSk -~ g $o ~d,~ k§ g ffi $ s d'~~~g~g~ffb os gfd~~~~~~~o ~~ ~s ~~sg ~ w8 pp~ $ && ~~g~o~&o~ ~ ~ ~$ §° €o~'q•%Sfrgpo j g ~ S a S d 4Rt~' Kdi~. r TT Y a ~ag¢S°~~o e6 affs~~ ~' gg ~. •. a 6 ° ~ 4 ' € ~ g ~ € '4 ~ °°~&~~~ d ~ 3 s s 4 l O ti 0 ~~ <~ & 8 O ~ ~ rQ ~ V 01 '~ V yV `~v` J W W W O V Q 0 y G S~[` o r~ b ~' _J ~ n V ~q O "`1 ~ ¢ S ~,' U `~ a b ~`O y! Or c v~ I y Op~ ~'~ 'V mom i FV13p m n ~`. ~NU` i ES ~~f~~ ~;~~ ~~A i~~~~ ~~~~~o }~~3~~ ! .~€~~~ V ~~ °f o Nv nc ~o wt as C ~ o O b a` +r ro n L ~~ ~' 3 U ~ O O U 3 .fl m 3 C C>I$ O H W W `' ~ ~ H ~ ~ O w ~ a Q O ~ o ~ J U O F- U cn Q z w w o ~ o ~ Q O C7 ~ ~ Z W _ m p ~ J W ~ ~ m +k ,Il 'lf '~ T +~ HII Applicant's name, address and telephone number, contained within a letter signed by the applicant stating [he name, address, and telephone number of the represenmtive authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a curtent ccrtificatc from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, casements, conuac[s and agreements affecting [he parcel, and demonstrating [he owner's right [o apply for the Dcvclopmcnt Application. 4. An g I/2" x 11" vicinity map locating [he subject parcel within the City of Aspen. S. A site improvement survey including topography and vegetation showing the torten[ slams of the parcel certified by a registered land surveyor, licensed in tho State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if [hc projce[ is determined no[ [o waran[ a survey document.) mean sea Icvel) of [he lowest floor, including basement, of all new or subsmntially improved stmcmres; a verification and recordation of the actual elevation in relation to mean sea level to which any stmcmre is constmcted; a demonstration that all new constmction or substantial improvements will be anchored to prevent flotation, collapse or lateral movement of any s[mcmre to be conswcted or improved; a demonsttation that the structure will have the lowest floor, including basement, elevated to at least two (2) feet above the base flood elevation, all as certified by a registered professional engineer or architect. 13. A landscape plan that includes native vegetative screening of no less than fifty (50) percent of the dcvclopment as viewed from tbe rear (slope) of [he parcel. All vegetative screening shalt be maintained in perpetuity and shall be replaced with the same or compamblc material should i[ die. 14. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinem elevations above sea level. AG1 system m the area of [ne proposed subdivision. The contents of the plat shall be of sufficient detail to determine whether [he proposed subdivision will meet the design standards pursuant to Land Use Code Section 26.480.060(3).20. Subdivision GIS Da[a. 21. A landscape plan showing location, size, and type of proposed landscape features. 22. A subdivision plat which meets [hc terms of this chapter, and conforms to [hc requirements of [his title indicating that no further subdivision may be granted for these tots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.470. 23. Thc precise wording of any proposed amendment. 24. Site Plan or plans drown to a scale of one (1") inch equals ten (10') fee[ or one (1") inch equals twenty (20') Cect, including before and "after" photographs (simulations) spocitying the location of antennas, support stmcmres, transmission buildings and/or other accessory uses, access, parking, fences, signs, lighting, landscaped areas and all adjacent land uses within one-hundred fitly (ISO') feet. Such plans and drawings should demonstrate compliance with [he Review Standards of [his Section. 25. FAA and FCC Coordination. Statements regarding the regulations of [he Federal Aviation Administration (FAA) and [be Federal Communications Commission (FCC). 26. Structural Integrity Report from a professional engineer licensed in [hc State of Colorado. I5. Proposed elevations of the development, including any rooftop equipment and how it will be screened. 6. A site plan depicting [hc proposed 16. Proposed elevations of the layout and the project's physical development, including any rooftop relationship to the land and it's equipment and how it will be screened. surtoundings. 7. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the dcvclopment application. 8. Plan with Existing and proposed grades at two-foot comours, with fivFfoo[ intervals for grades over ten (10) percent. 17. A sketch plan of the site showing existing and proposed features which are relevant to the review. 1 g. One (1) inch equals four hundred (400) fee[ scale city map showing the location of [he proposed subdivision, all adjacent lands owned by or under option to the applicant, commonly known landmarks, and the zone dishic[ in which the proposed subdivision and adjacent properties are located. 10. A description of proposed construction techniques to be used. 11. A Plan with the 100-year floodplain line and the high water line. 19. A plat which reflects the layout of the lots, blocks and s[memres in [he proposed subdivision. Thc plat shall be drawn at a scale of one (1) equals one hundred (100) fee[ or larger. Architecmml scales are not acceptable. Shec[ size shall be twenty-four (24) inchos by thirty-six (36) inches. If i[ is necessary to place the plat on more than a one (1) sheet, an index shall be included on [he first sheet. A vicinity map shall also appear on the first sheet showing [he subdivision as i[ relates to the rest of the city and the street 27. Evidence [hat an effort was made to locate on an existing wireless telecommunication services facility site including coverage/interference analysis and capacity analysis and a brief smtement as [o other reasons for success or no success. 28. Neighborhood block plan at 1"=50' (available from City Engineering Department) Graphically show the front portions of all existing buildings on both sides of the block and [heir setback from the sheet in feet Identify parking and front entry for each building and locate any accessory dwelling units along the allay. (Continued on next page.) Indicate whether any portions of the houses immediately adjacent [o the subject parcel arc one story (only one living level). '~ 30. Photographic panorama. Show elevations of all buildings on both sides of [he block, including present condition of the subject property. Label photos and mount on a presentation board 31. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (I 1/2) inches on the left hand side of the sheet and a ono-half (IYI) inch margin around the other three (3) sides of the sheet pursuant to Land Usc Codc Section 26.480.090. 32. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural foamres, Iraf£c and pedestrian ciroulation, off-street parking, open space areas, infrastructure improvements, and site drainage. 33. An architectural character plan generally indicating the use, massing, scale, and orientation of [hc proposed buildings. 35. Exterior Lighting Plan. Show the location, height, type and luminous intensity of each above grade fixture. Estimate [he site illumination as measured in foot candles and include minimum, maximum, and average illumination. Additionally, provide comparable examples already in the community [ha[ demonsna[e technique, specification, and/ or light level if they exist. 34. A written description of the variance being requested. ~~./ Sarah M. Broughton From: John Rowland Sent: Thursday, August 28, 2008 2:00 PM To: Sarah M. Broughton Subject: FW: DER BERGHOF -Responses to Zoning Comments John Rowland, AIA/Principal rowland+broughton architecture & urban design 117 s. monarch street aspen, co 81611 v 970.544.9006 f 970.544.3473 wgp'. rou'landbrou~h[on com From: Todd Grange [mailto:Todd.Grange@ci.aspen.co.us] Sent: Thursday, August 28, 2008 12:11 PM To: John Rowland Subject: RE: DER BERGHOF -Responses to Zoning Comments John and Sarah, Page 1 of 2 Staff states that the Residential Design Standards are not applicable for the windows and the parking. So you are fine with the plans proposed for those two standards. Regards Todd Grange, Zoning Officer Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 Phone: (970)429-2767 Fax: (970)920-5439 www.aspenpitkin.com From: John Rowland [mailto:jrowland@rowlandbroughton.com] Sent: Monday, August il, 2008 2:50 PM To: Todd Grange Cc: Chris Bendon; Mike Knapp; Steve Barrett; Barrett Cyr; Stan Clawson Subject: DER BERGHOF -Responses to Zoning Comments Hi Todd Attached above is our written response to your email (8/5/08) regarding zoning comments. Please review at your earliest convenience and call me if you have further questions. Thank you! Best regards, 9/2/2008 Page 2 of 2 ~..J John Rowland, AIA/Principal rowland+broughton architecture and urban design 117 s. monarch street aspen, Colorado 81611 970.544.9006 voice 970.544.3473 fax w_w_w.rowlandbrou~hton.com 9/2/2008 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 7. Effective Date: March 27, 2006 at 8:00 AM Case No. ACCOM2234 2. Policy or Policies to be iSSUed: (a} ALTA Omlera Policy-Form 1992 Proposed Insured: Amount$ 0.00 Plemium$ 0.00 Rafe: {b} ALTA Laan Poicy-Form 1892 Proposed Insured: {c) ALTA Loan Policy-Form 2892 ProposedlnSured: Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premiums Rafe: 3. Tide to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: d. The land referred m in dris Commitment is situated in the County of PITKIN Stale of COLORADO and is described as follows: DER f3ERGHOF, accarrfing to the Condominium Map thereof, recorded May 24, 1974 in Piat Book 4 at Page 467 and as further defined and deSCrihed in Condominium Dedaratinn for Der 8erghof recorded May 23, 7974 in Book 267 at Page 539. PITKIN COUNTY TITLE, INC. $CIIedUIe A-PG.1 6111 E. HQPKI[~, ASPEN, CO. Bt61i This Commitment is invalid 47a92Si766 Ph~x~e/97f)-9Z5.6527Fau unless the Insuring 877.217-3158 TNI Free Provisiarts and Schedules A and B are attached. ~, SCHEDi]LE B -SECTION 1 REQLIIREMENTS The following are the requirements to be complied with: ITEM {aJ Payment to ar for the account of the grantors or mortgagors of the fll 11 cansideretion for the estate or interest tc be insured. STEM {b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for reCOrd to-wit THIS COMMITMENT iS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSE[] INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS ANDlOR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPfENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INI=ORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED W1TH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO FSSUE ANY POLICIES OF TITLE INSURANCE. SCHEDULE B SEt_'TION 2 17CCFF170NS The pdiGy or policies to be issued will contain exceptions to the following unless the Same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by ttte public records. 2. Easements, or Gaims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would discfpSe and which are not shown by the public records. 4. Any lien, Or fight to a lien, for services, labor, or mater~I heretofore or hereafter famished, imposed by haw and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records ar attaching subsequent 1b the effective date hereof but prior tc the date the proposed insured acquires of record for value the estate or interest or mortgage thereart covered b'! this Commitment. B. Taxes due and payable; and any tax, special assessment, charge fir lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen retarded in Book 59 at Page 309, 474 & 493, providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar aroopperorwanyvalid mining claim or possession held under existing laws". 8. Terms, conditions, provisions, obligations and all matters asset forth in Grant of Exemption from Subdivision Regulations recorded May 24, 1974 in Book 287 at Page 602. 9. Terms, conditions, provisions, obligations and all matters as set forth in Supplemental Declaration recorded May 23, 1874 in Book 287 al Page 521. 1 i3. Terms, conditions, provisions, oNigations, easements, restrictions and assessments asset forth in the Condominium Declaration for Der Berghof recorded May 23, 1974 in Bock 287 at Page 539, deleting therefrom any restrictions indicating preference, linrtation or diSComination based on race, odor, religion, sex, handicap, familial status or national origin. t1. Easements, rights of way and all matters as disclosed an Plat of subject property recorded May 24, 1974 in Plat Baak 4 at Page 467. 12. Terms, conditions, provisions and obligations as set forth in instrument recorded August 6. 1998 as Reception No. 4211341. .Recorded at 1:10 1'tl Alay 23, ® Ret eption U' 1G7G48 Peggy Miklich P.ecc ~~ ;:~~>287 ~'~.}521 SUPPLF..`SENTAL DECLARATION T}[IS AGP.EED7ENT made as of this 2/j~day of -'C"~~, 1973, by and between JA7fES Yl. t1ANNING and HARRIET M. PIANNItJG; GLENNZS GEORGE BECK: FRED C. LARKIN and LUCETTA M. LARKIN; HENRY P. EP.WIN, JR, and t4ARTFIA L. ERW ZLt; JNtES CARDER and CAROLYN CARDER; LUCRETIA DO}1NE LL COKE; FIUGH J. PICGEE and ANN P. McGEE; fIORACE E. THOltPSON and EDITH M. THOt4PSON, VEP.NE G. LaTOURRETTE and MARGF.RET W. LaTOUP.RETTE; ALBERT CS. ROSEN and b1YRTLE S. ROSE N; and ROBERT H. DURBAN, JR, hereinafter called "Owners" and THE COIARADO NATIONAL BANK OF DENVER; and LAKELAND FEDERAL SAVINGS AND LOAN ASSOCIATION OF DETROIT LAKES, hereinafter called "tortgage Flo lders". WHEREAS, Owners have purchased and now own an un- divided interest in and to the real property situate in the County of Pitkin, State of Colorado, described as follows, to-wit: Lots K, L, P1 and t7 in Blocl: 69 in and to the City and Townsite of Aspen WHEREAS, said above described property is subject to certain terms, covenants, conditions, easements, restric- tions and obligations which run with the land, all as set forth in "DECLARATION OP COVF..P7AD7TS AND RESTRICTIONS" dated October 10, 1962, and recorded in the 18th day of October, 1962, in Book 199, at Page 440, County of Pitkin, State of Colorado, and • wF1EREAS, the Owners and t9 ortgage Holders are de- sirous of converting said property to a condominium project under the Condominium Ownership Act of the State of Colorado to facilitate the transfer of interests, in said property to others, and WFSE REAS, paragraph 15 of said Declaration of Cove- nants and Restrictions provides that the pzovisions of said Declaration may be abroga t'ed, modified, rescinded or amended in whole or in part only with the consent of all of the Owners then owning any interest therein, and of each and every hold- er of any mortgage upon any undivided interest therein, by suPPlemental declaration in writing, executed and acY.nowledged by all such parties to become effective upon recording in the Office of the Cler}: and Recorder of the County of Pitkin, State of Colorado, but not otherwise. NOW THERDPORE, the ovm ers and tortgage Holders for themselves, their heirs, administrators, executors and as- signs, and in consideration of the mutual covenants herein contained, agree as follows: She Declaration of Covenants and Restrictions dated the 10th day of October, 19G2, and recorded on the 18th day of October, 1962, in Book 199, at Page 490, County of Pit- kin, State of Colorado, is Hereby rescinded for the express purpose of co nv erting the present ownership to a condominium pruject under the Condominium Ownership Act of the State o£ Colorado; said rescission to beco!r.e effective upon recording in the Cff is eof the C1erY, and Recorder of the County of Pit- kin, State of Colorado, of this Supplemental Declaration. BYE, 14.•~~' 111~~'J,{ The owners and Mortgage Holders hereby-acknowl- edge receipt of a copy of the Condominium Declaration for Der Ber9hof, 6y-Laws and Articles of Incorporation of Der Berghof Association and Condominium t4ap, and the Mortgage Holders hereby consent to the within described property being reconveyed to the Owners hereof pursuant to the terms and provisions of said Condominium Declaration and Condomin- ium Map. OY7NERS .~ y- ~~mes W. Manning arrre T1. Manning STATE OI' COLORADO ) ss : ~i `, „_~ County of L; ,. ,., - ) - Subscribed and sworn to before me this ;,-c% day .~~-p'f"•.~~.,...,'(:, , .., ._.. 197=, by James tQ. Manninq~ ^. Iiyrriet,M, canning. ~`~'.~- ~~C Witness my hand and official seal. `~ . ~~ ~~ ' 'My Commission Erpires: ':~ , .~- ;,: ~d ~~ Notary •PU lic ~~ _ ~ ,,hJ //, G ennis George Bec~ STATE OF COLORADO ) )ss. /.~r '~ County of .,; ., ,~.: ~ ) . •~~•'~~-~••; `.Subscribed and sworn to before me this - !' day `of •~,`~... ., /.~~ 197;, by Glennis George BecF.. "~`~~~~~~_''%"~~~~-':Witness my hand and official seal. ,ter-' ~•:~My Commission Expires: ,G. ,.-~_._.~r c,!~ioa "f~ _ /f' ,. Notary Pu61ic Fre C, ar in uc~etta .. Larcin STATE OF COLORADO ) )ss, ,~/. t- County of ~L~„ „-r ,1 ) ~~~~':'~ Subscribed and "of (. ;~~' •'H. Lr.r~in. "Witness my hand ,: ~. , . . • ~: •'- sororn to before me this --%• day 197.7 , by Fred C. Larkinn an~LUC~etta and official seal. -2- ~~ ,.~~; it My Commission Expires: ~ ~',.,,, ,,,.(;,, .~i i•i-~/ r11 ~ ~ ~ Henry F. Erwin, Jr./ Notary Public 7~ / C Mart a L. Erwin STATE OF CALZFORI4IA ) )ss. County of -C5 ?..f ye=5 ) Subscribed and sworn to before me this ~"~'S~/~' day of ~nnt,q:/ , 197, by Henry P. Ery)d',~„Jr. and Tart a L. Erwin. o: ncigL SEAL Witness my hand and official seal ~7 +o c c f _.: gnrv•n ~ c -%r i ~~~,-. My Commission Expires: ,"rl'~~• +yr ,,,„ , „y~.I, 197A i_ ~. ) James Comer Carolyn Carder STATE OP COLOFADO ) / )ss. ::~~ •. County of ,(, ,: ) ~ Subscribed and sworn to before me this .~./, day of yl;~~,; ;_,. ,,,,., 1975 , by James Carder an Carolyn ;+" - '':Witness my hand and ofi-icial seal. :'~, _1Qy Comrti ssion Expires: -;! ~.;,.,,~/,; ,,~,q ;i f/ r, '" '~ Notary Fu~ic ______________________________________________________________ Lucretia Donnell Coke STATL•' OE TEXAS ) _- _C V County of~G.) :•' ~(t: Subscribed a sworn to before me this ~~day of f~~~ 197f ~, by Lucre Cia Donnell Coke. ~' ` ~, ~.~ Ch7itness my hand and off' ial seal. ,. '~ ' ° My Commission Expires: ~ ~ /~ ~ S~" a ~ ' ' Notary rc - ~- ~' ~, aoor2~ 1 rati_ ~d (4..,~~~~-, ~:~ C~:,.n! `'7'r~~ lam, Hugh J. FSCGe'e Ann P. P1cGee STATE OF COLORADO ) )ss. (',:~_ , ~ County of .'(r „~.w; ) ~~~ Su6scribed and sworn to before me this _~ ~/~ day Of j,. _, 197 ~ , by Hugh J. tdcGee and Ann P. McGee. Witness my hand and official seal. My Commission Expires: ;~<,.,;~., ~.~ :>r i ,'?~ 4-.:~ Z~ i./ /~ T~:~Q.~l JT C. Notary Publrc ~!/!Y' l ~C. ~ :CIS .. y:~.`'~. ~ct-< r`l~~i'<-/~zn~~.~...-~zi Horace E. Thom son E ith M.. Thomp STATE OF COLORADO ) )ss. (,.~~;--y- County o f ..,(; , ~,.,. , ) .-••~~~ ~ Subscribed and sworn to before me this ~,-~./ day of ~'`r<r,~.;.;,;./_: _~ 197_x, by Horace F.. Thompsoh and Edith M. !-Thompson:. ' s` ~`O ~~ ~ +~IWitness my hand and official seal. ~~ ~i '-., •,; ~'.. - :'o:;My Commission Expires: ;;,,_,,,..1."., ~,-~ i4 Jd 'i :. Notary pu lic `` ~ iL (., ,~ V.f.2v.l ^. ~ ~ ~[`9'lyu~~4^'-` ~i/'t.../: ,(e5',~:.:7 ,~, i~..r~,kJ~Pfi,_ Verne G. LaTOUrrette ASargaret W. LaTourrette STATE OF COLORADO ) )ss. r'. l~ County of .;~i, ,,..; ; ) Su6scribed and sworn to before me this ~ .rl. day of ~:~•,ii~ ,;,~..; 197,1 , ~ by Verne G. LaTOUrrette a~argaret b~W~~Lafourrette. j.~ - ~:1.1.7itness my hand and official seal. -~` ~- ' My Commission Expires: ~,~G.~-..,,_..~•i :: ~ /O'+•f y -' `~ L i "' Notary Pu he ______________________________________________________________ ~~ ~ , pI pert ~t~l. nosen Myrt e~S. 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N 3dOl3AN39NITI0B _ - // / y~ I oiswa oNianne 0 LL p~ 4 ~'o i ~ d ~°n ~ ~~ ~_ p a ~ ~Y p o c 2 ~ B .Blre~ra... '~ Alrv es '~ .o-.et ~ I ~~ I ~ ~, ~ FU Z S V_ N 3d0'INrvN3 flNlQll(19 B ~ ~ l 4 W U q q y 4 i8 i 8 ; a ~ ~ ~J° j~ ~ f .BIFIP AU6 EA k94 TWO Wb U y.. ~C ~"Mh ~X.K ~ J 0 Y da ~S' O~ <~ ~2Z : +~ ~ Q _?~ ~ wm a wc~o ~ ~ -M ~; ~ `mm~"~~ ~ ~ ~ o~o~a=o ~o moo o go ~ o= ~a~~ ~~ - ~ 3t: ~~ SaAa~~o~ wOw oa G ~ ~ ~O~ ~ ~ ti °mc w s` ~ S°oS°oo~4$~ oc~~ °d m~ ~R =„ amw yM ~~ ni , nuu I 0 0 s u s pl3Ni3'JNNlH(19 ~ tK ~~ IOl3AN3'JNIQ11Nf I I Vl W Q y y &~ w p~pg 4 ~~fg ° i n ~ 0 s 5° '~ 5 '~ ~° J ~ .mre~o-s .e~m s-.e ~ Abl Parcel Detail ~ Page 1 of 3 ~'^, V.. +" Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search ~ Assessor Subset Query ~ Assessor Sales Search Clerk & Recorder Reception Search Basic_Buildin Characteristics ~ T~Information Parcel. [)etail ~ V,alue Detail ~ Sales Detail ~ Residential/Commercial l~rovement Detail Land_Detal Photographs Tax Area Account Number Parcel Number 2007 Mill Levy 001 R000866 273512471021 29.317 Owner Name and Address FULSTONE AMY HAYDEN 100 E COOPER AVE #5 ASPEN, CO 81611-1763 Legal Description (CONDO: DER BERGHOF UNITS I Location Physical Address: 100 E COOPER AVE ASPEN Subdivision: DER BERGHOF Land Acres: 0 Land Sq Ft: 0 2008 Property Tax Valuation Information Actual Value Assessed Value Land: 0 0 Improvements: 658,900 52,450 Total: _658;900 52,450 ~~ Sale Date: ~~8/5/1997 J~ http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumbet=R000866 10/ 14/2008 Parcel Detail Page 2 of 3 /^~ ~ ~~ Sale Price: Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 1 Characteristics FIRST FLOOR: 800 Total Heated Area: 800 Actual Year Built: 1962 Bedrooms: 2 Baths: 1 Finish Quality: GOOD MAINT Location Rating: TYP LOC Neighborhood: DER BERGHOF Super Nbad: ASPEN CONDOS Tax Information Tax Year Transaction Type Amount 1997 Tax Amount $773.34 1997 Tax Payment: First Half ($386.67) 1997 Tax Payment: Second Half ($386.67) 1998 Tax Amount $798.14 1998 Tax Payment: First Half ($399.07) 1998 Tax Payment: Second Half ($399.07) 1999 Tax Amount $895.98 1999 Tax Payment: First Half ($447.99) 1999 Tax Payment: Second Half ($447.99) 2000 Tax Amount $1,003.18 2000 Tax Payment: First Half ($501.59) 2000 Tax Payment: Second Half ($501.59) 2001 Tax Amount $1,384.00 2001 Tax Payment: First Half ($692.00) 2~1 Tax Payment: Second Half ($692.00) 1 ~-~ http://www.pitkinassessor. org/assessor/Parcel.asp?AccountNumbei=R000866 10/ 14/2008 Parcel Detail ~ ~ Page 3 of 3 2002 I Tax Amount I $1,381.50 2002 Tax Payment: First Half ($690.75) 2002 Tax Payment: Second Half ($690.75) 2003 Tax Amount $1,309.74 2003 Tax Payment: First Half ($654.87) 2003 Tax Payment: Second Half ($654.87) 2004 Tax Amount $1,325.48 2004 Tax Payment: First Half ($662.74) 2004 Tax Payment: Second Half ($662.74) 2005 Tax Amount $1,380.36 2005 Tax Payment: First Half ($690.18) 2005 Tax Payment: Second Half ($690.18) 2006 Tax Amount $1,439.04 2006 Tax Payment: First Half ($719.52) 2006 Tax Payment: Second Half ($719.52) 2007 Tax Amount $1,537.68 2007 Tax Payment: First Half ($768.84) 2007 Tax Payment: Second Half ($768.84) To~of Pale Assessor Database. Search Options ~ Treasurer Database. Search Options Pitkin. County Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offrces are unable to warrant any of the information herein contained. Copyright ©2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good_Turns Software. http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumbei=R000866 ]0/14/2008 Parcel Detail r~. Page 1 of 3 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasu;er Property_Search ~ Assessor Subset Query ~ Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics ~ Tax Information Parcel Detail ~ Vaalue Detail ~ Sales Detail ~ Residential/Commercial Improvement Detail Land Detail ~ Photographs Tax Area Account Number Parcel Number 2007 Mill Levy 001 R001115 273512471020 29.317 Owner Name and Address KENT STACEY TOMLINSON JAMES 100 E COOPER AVE ASPEN, CO 81611 Legal Description IICONDO: DER BERGHOF L1NIT:2 II Location Physical Address: 100 E COOPER AVE ASPEN Subdivision: DER BERGHOF Land Acres: 0 Land Sq Ft: 0 2008 Property Tax Valuation Information Actual Value Assessed Value Land: 0 0 Improvements: 65 8,900 52,450 Total: 658,900 52,450 http: //www. pitkinassessor. org/assessor/Parcel. asp?AccountNumbet =R001115 10/ 14/2008 Parcel Detail ~ ~„N Page 2 of 3 Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 1 Characteristics FIRST FLOOR: 800 Total Heated Area: 800 Actual Year Built: 1962 Bedrooms: 1 Baths: 1 Finish Quality: GOOD MAINT Location Rating: TYP LOC Neighborhood: DER BERGHOF Super Nbad: ASPEN CONDOS Tax Information Tax Year Transaction Type Amount 1997 Tax Amount $736.78 1997 Tax Payment: Whole ($736.78) 1998 Tax Amount $726.06 1998 Tax Payment: First Half ($363.03) 1998 Tax Payment: Second Half ($363.03) 1999 Tax Amount $855.14 1999 Tax Payment: First Half ($427.57) 1999 Tax Payment: Second Half ($427.57) 2000 Tax Amount $957.46 2000 Tax Payment: First Half ($478.73) 2000 Tax Payment: Second Half ($478.73) 2001 Tax Amount $1,384.00 2001 Tax Payment: First Half ($692.00) 2001 Tax Payment: Second Half ($692.00) ~~ ~~ http://www.pitkinassessor.org/assessor/ParceLasp?AccountNumber=R001115 10/ 14/2008 Parcel Detail Page 3 of 3 ~. ~~ '~ w. 2002 I Tax Amount I $1,381.50 2002 Tax PayrY~ent: First Half ($690.75) 2002 Tax Payment: Second Half ($690.75) 2003 Tax Amount $1,309.74 2003 Tax Payment: First Half ($654.87) 2003 Tax Payment: Second Half ($654.87) 2004 Tax Amount $1,325.48 2004 Tax Payment: Whole ($1,325.48) 2005 Tax Amount $1,380.36 2005 Fee Charge $24.75 2005 Fee Payment ($24.75) 2005 Interest Payment ($82.82) 2005 Tax Payment: Whole ($1,380.36) 2005 Interest Charge $82.82 2006 Tax Amount $1,439.04 2006 Tax Payment: First Half ($719.52) 2006 Tax Payment: Second Half ($719.52) 2007 Tax Amount $1,537.68 2007 Tax Payment: Whole ($1,537.68) of Paee Assessor Database Search Options ~ Treasurer Database Search Options Pitkin County Home Pafle The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright ©2008 Good Turns Sofrware. All Rights Reserved. Database & Web Design by Good Turns Sofrware. http: //www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R001115 10/ 14/2008 Parcel Detail ~ ~ Page 1 of 3 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search ~ Assessor Subset Query ~ Assessor S_a„les Search Clerk & Recorder Reception Search Basic_Building Characteristics ~ Tax Information Plrccl Detail ~ Value Detail ~ Sales Detail ~ Residential/Commercial Improvement Detail Land Detail ~ Photographs Tax Area Account Number Parcel Number 2007 Mill Levy 001 R000306 273512471013 29.317 Owner Name and Address NORRIS JOAN 3334 E COAST HWY PMB 145 CORONA DEL MAR, CA 92625 Legal Description CONDO: DER BERGHOF iJNIT:4 Location Physical Address: 100 E COOPER AVE ASPEN Subdivision: DER BERGHOF Land Acres: 0 Land Sq Ft: 0 2008 Property Tax Valuation Information Actual Value Assessed Value Land: 0 0 Improvements: 627,500 49,950 Total: 627,500 49,950 Sale Date: 12/1/1994 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber-R0003 06 10/ 14/2008 Parcel Detail ~,,,,\ ~,,,, Page 2 of 3 Sale Price: 11222,000 Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 1 Characteristics FIRST FLOOR: 800 Total Heated Area: 800 Actual Year Built: 1962 Bedrooms: 1 Baths: 1 Finish Quality: BASE-GOOD Neighborhood: DER BERGHOF Super Nbad: ASPEN CONDOS Tax Information Tax Year Transaction Type Amount 1997 Tax Amount $736.78 1997 Tax Payment: First Half ($368.39) 1997 Tax Payment: Second Half ($368.39) 1998 Tax Amount $726.06 1998 Tax Payment: First Half ($363.03) 1998 Tax Payment: Second Half ($363.03) 1999 Tax Amount $814.58 1999 Tax Payment: First Half ($407.29) 1999 Tax Payment: Second Half ($407.29) 2000 Tax Amount $912.04 2000 Tax Payment: First Half ($456.02) 2000 Tax Payment: Second Half ($456.02) 2001 Tax Amount $1,317.98 2001 Tax Payment: First Half ($658.99) 2001 Tax Payment: Second Half ($658.99) 2002 Tax Amount $1,315.60 ~~ ~~ http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R000306 10/ 14/2008 Parcel Detail ~ ~ Page 3 of 3 2002 I Tax Payment: First Half I ($657.80) 2002 Tax Payment: Second Half ($657.80) 2003 Tax Amount $1,247.28 2003 Tax Payment: First Half ($623.64) 2003 Tax Payment: Second Half ($623.64) 2004 Tax Amount $1,262.28 2004 Tax Payment: First Half ($631.14) 2004 Tax Payment: Second Half ($631.14) 2005 Tax Amount $1,314.54 2005 Tax Payment: First Half ($657.27) 2005 Tax Payment: Second Half ($657.27) 2006 Tax Amount $1,370.40 2006 Tax Payment: First Half ($685.20) 2006 Tax Payment: Second Half ($685.20) 2007 Tax Amount $1,464.40 2007 Tax Payment: First Half ($732.20) 2007 Tax Payment: First Half ($732.20) 2007 Tax Payment: Second Half ($732.20) Top.of Paae Assessor Database Search Options ~ Treasurer Database Search Options Pitkin_Co_u_nty Home_Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright ©2008 Good Turns Software. All Rights Reserved. Database & Web Design by Gold Turns Software. http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumbei=R000306 10/ 14/2008 ,,~ Parcel Detail Page 1 of 3 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property_Search ~ Assessor Subset Query ~ Assessor Sales Search Clerk &_Recorder Retention Search Basic Bulding.Characteristics ~ Tax I_n_fo_rmatio_n Parcel Detail. ~ Value Detail ~ Sales Detail ~ _ResidentiaUCommercial Imnrovement_Detail Land Detail ~ Photographs Tax Area Account Number Parcel Number 2007 Mill Levy 001 R000966 273512471016 29.317 Owner Name and Address 11 DB LLC 503 S GARMISCH ASPEN, CO 81611 Legal Description ~ICONDO: DER BERGHOF UNIT:11 II Location Physical Address: 100 E COOPER AVE ASPEN Subdivision: DER BERGHOF Land Acres: 0 Land Sq Ft: 0 2008 Property Tax Valuation Information Actual Value Assessed Value Land: 0 0 Improvements: 797,600 63,490 Total: 797,600 63,490 Sale Date: http://www.pitkinassessor.org/assessor/Parcel. asp?AccountNumbei=R000966 10/ 14/2008 Parcel Detail ~,~ ,,.,, Page 2 of 3 Sale Price: ~~1 Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 1 Characteristics TOP FLOOR AREA: 800 Total Heated Area: 800 Actual Year Built: 1962 Bedrooms: 1 Baths: 1 Finish Quality: EXC MAINT Location Rating: TYP LOC Neighborhood: DER BERGHOF Super Nbad: ASPEN CONDOS Tax Information Tax Year Transaction Type Amount 1997 Tax Amount $852.44 1997 Tax Payment: Whole ($852.44) 1998 Tax Amount $840.02 1998 Tax Payment: First Half ($420.01) 1998 Tax Payment: Second Half ($420.01) 1999 Tax Amount $945.48 1999 Tax Payment: First Half ($472.74) 1999 Tax Payment: Second Half ($472.74) 2000 Tax Amount $1,058.62 2000 Tax Payment: First Half ($529.31) 2000 Tax Payment: Second Half ($529.31) 2001 Tax Amount $1,529.42 2001 Tax Payment: First Half ($764.71) 2001 Interest Payment ($15.29) 2001 Tax Payment: Second Half ($764.71) ~~ ~~ http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumbet=R000966 10/ 14/2008 Parcel Detail ~ Page 3 of 3 2001 I Interest Charge $15.29 2002 Tax Amount $1,526.64 2002 Tax Payment: First Half ($763.32) 2002 Tax Payment: Second Half ($763.32) 2003 Tax Amount $1,447.56 2003 Tax Payment: First Half ($723.78) 2003 Tax Payment: Second Half ($723.78) 2004 Tax Amount $1,464.96 2004 Tax Payment: First Half ($732.48) 2004 Tax Payment: Second Half ($732.48) 2005 Tax Amount $1,525.60 2005 Tax Payment: First Half ($762.80) 2005 Tax Payment: Second Half ($762.80) 2006 Tax Amount $1,741.88 2006 Tax Payment: First Half ($870.94) 2006 Tax Payment: Second Half ($870.94) 2007 Tax Amount $1,861.32 2007 Tax Payment: Whole ($1,861.32) TO~J of Paee Assessor Database Search Options ~ Treasurer Database Search Options Pitkin Coun~_Home Paee The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Tums Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright ©2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.pitkinassessor.org/assessor/Parcel. asp?AccountNumbei=R000966 10/ 14/2008 Parcel Detail ~ ~ Page 1 of 3 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer_Property Search ~ Assessor Subset Ouer~ ~ Assessor Sales Search Clerk &_Recorder Reception Search Basic.Buldn~Characteristics Tax_Information Parcel Detail. ~ Value Detail Sales D__etail Residential/Commercial_l~rovement Detail Land Detail ~ Photographs Tax Area Account Number Parcel Number 2007 Mill Levy 001 R001319 ~ 273512471017 29.317 Owner Name and Address JOHN G IN SARAH M BOX 552 'EN, CO 81612 Legal Description ICONDO: DER BERGHOF [JNIT:3 I Location Physical Address: 100 E COOPER AVE ASPEN Subdivision: DER BERGHOF Land Acres: 0 Land Sq Ft: 0 2008 Property Tax Valuation Information Actual Value Assessed Value Land: 0 0 Improvements: 721,600 57,440 Total: 721,600 57,440 http://www, pitkinassessor.org/assessor/Parcel.asp?AccountNumbei=R001319 10/ 14/2008 Parcel Detail ~,,, ~ Page 2 of 3 ~~ Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 1 Characteristics FIRST FLOOR: 800 Total Heated Area: 800 Actual Year Built: 1962 Bedrooms: 1 Baths: 1 Finish Quality: EXC MAINT Location Rating: TYP LOC Neighborhood: DER BERGHOF Super Nbad: ASPEN CONDOS Tax Information Tax Year Transaction Type Amount 1997 Tax Amount $736.78 1997 Tax Payment: First Half ($368.39) 1997 Tax Payment: Second Half ($368.39) 1998 Tax Amount $726.06 1998 Tax Payment: First Half ($363.03) 1998 Tax Payment: Second Half ($363.03) 1999 Tax Amount $814.58 1999 Tax Payment: Whole ($814.58) 2000 Tax Amount $912.04 2000 Interest Charge $18.24 2000 Interest Payment ($18.24) 2000 Tax Payment: Whole ($912.04) 2001 Tax Amount $1,384.00 2001 Tax Payment: First Half ($692.00) ~~ ~~ http://www.pitkinassessor.org/assessor/ParceLasp?AccountNumber=R001319 10/ 14/2008 Parcel Detail ~.,, f , Page 3 of 3 ~..y e,+ 2001 I Tax Payment: Second Half I ($692.00) 2002 Tax Amount $1,38].50 2002 Tax Payment: First Half ($690.75) 2002 Tax Payment: Second Half ($690.75) 2003 Tax Amount $1,309.74 2003 Tax Payment: First Half ($654.87) 2003 Tax Payment: Second Half ($654.87) 2004 Tax Amount $1,325.48 2004 Tax Payment: First Half ($662.74) 2004 Tax Payment: Second Half ($662.74) 2005 Tax Amount $1,380.36 2005 Tax Payment: Whole ($1,380.36) 2006 Tax Amount $1,575.92 2006 Tax Payment: First Half ($787.96) 2006 Tax Payment: Second Half ($787.96) 2007 Tax Amount $1,683.96 2007 Tax Payment: First Half ($841.98) 2007 Tax Payment: Second Half ($841.98) Top of Pa~_e Assessor Database Search Options ~ Treasurer Database. Search Options Pitkin County Home Page The Pitkin County Assessor and Treasures s Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright ©2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R001319 10/ 14/2008 Parcel Detail ~,,~ \r Pitkin County Assessor/Treasurer Parcel Detail Information Page 1 of 3 Assessor/Treasurer Property Search ~ Assessor Subset ue ~ Assessor Sales Search C;lerk_& Recorder Reception Search Basic _Building Characteristics ~ Tax Information Parcel Detail ~ Value Detail ~ Sales Detail ~ Residential/Commercia- Improvement Detail Land Detail ~ Photographs Tax Area Account Number Parcel Number 2007 Mill Levy 001 R000230 273512471012 29.317 Owner Name and Address CASA KESS LLC 100 E COOPER AVE #12 ASPEN, CO 81611 ~'"! Legal Description IICONDO: DER BERGHOF iJNIT:12 II Location Physical Address: 100 E COOPER AVE ASPEN Subdivision: DER BERGHOF Land Acres: 0 Land Sq Ft: 0 2008 Property Tax Valuation Information Actual Value Assessed Value Land: 0 0 Improvements: 554,800 44,160 Total: 554,800 44,160 I Sale Date: 1110/3/1990 II httn://www.nitkinassessor.ore/assessor/Parcel.asp?AccountNumber=R000230 10/] 4/2008 Parcel Detail ,,,y Page 2 of 3 1^ .. II Sale Price: II169,000 II Basic Building Characteristics Number of Residential L Buildings: I Number of Comm/Ind 0 Buildings: Residential Building Occurrence 1 Characteristics TOP FLOOR AREA: 800 Total Heated Area: 800 Actual Year Built: 1962 Bedrooms: 1 Baths: 1 Finish Quality: DEFERMAINT Location Rating: TYP LOC Neighborhood: DER BERGHOF Super Nbad: ASPEN CONDOS Tax Information Tax Year Transaction Type Amount 1997 Tax Amount $813.04 1997 Tax Payment: Whole ($813.04) 1998 Tax Amount $801.22 1998 Tax Payment: Whole ($801.22) 1999 Tax Amount $900.18 1999 Tax Payment: Whole ($900.18) 2000 Tax Amount $1,007.88 2000 Tax Payment: Whole ($1,007.88) 2001 Tax Amount $1,165.44 2001 Tax Payment: Whole ($1,165.44) 2002 Tax Amount $1,163.32 2002 Tax Payment: Whole ($1,151.69) 2002 Interest Charge $11.63 2002 Interest Payment ($11.63) 2002 Tax Payment: Whole ($11.63) ~~ http://www.pitkinassessor.orc/assessor/Parcel. asn?AccountNumbet=R000230 10/ 14/2(1f1R Parcel Detail Page 3 of 3 2003 I Tax Amount 11 $1,102.861 2003 Tax Payment: Whole ($1,102.86) 2004 Tax Amount $1,116.12 2004 Tax Payment: Whole ($1,] 16.12) 2005 Tax Amount $1,162.32 2005 Tax Payment: Whole ($1,162.32) 2006 Tax Amount $1,211.72 2006 Tax Payment: Whole ($1,211.72) 2007 Tax Amount $1,294.64 2007 Interest Payment ($12.95) 2007 Tax Payment: Whole ($1,294.64) 2007 Interest Charge $12.95 of Pa e Assessor Database Search Options ~ Treasurer Database Search Options Pitkin Cou~_Home Paae The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to wan•ant any of the information herein contained. Copyright ©2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good_Turns Software. http: //www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R000230 10/ 14/2008 .~, ~.. m THE CITY OF ASPFN Land Use Application Determination of Completeness Date: 10/1/08.2008 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0039 2008 ASLU (100 E Cooper -Residential Design Variances). The planner assigned to this case is Enin Evans. ^ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. 2. 3. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, to begin the land use review process. then your application has been deemed complete Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Tha -You' ~(M (~ ennifer Pl el' n, Deputy Director City of Aspen, Community Development Department C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\Land Use Cases\Completeness Letter Land Use.doc