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HomeMy WebLinkAboutlanduse case.AP.715 W Main St.0020.2008.aslu.~,. ,~., THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0020.2008.ASLU 2735-12-4-86-002 715 W. MAIN STREET ERRIN EVANS INSTUBSTANTIAL PLAT AMENDMENT GARY WRIGHT 05/08/2008 CLOSED BY Angela Scorey on 03/04/2009 File Edit Record Navigate Form Reports Format Tab Help ~ ~ ~ il / °~ e` - mit Type ~ ~~?' -- Address 715 W MAIN ST y - ----- City iASPEN rmit Information . Permit # D020.2008.ASLU AptJSuike SUITE 201 State ~CO Ji Zip81611 J ~© Master Permit ~ Routing Queue aslu07 Applied 04J25J2008 J Project J Status spending Approved ~-J Description 'EXISTING CONDITIONS -OFFICE BUILDING AND PARKING SPACES Issued r J ~PROPROSAL-NO CHANGE-INSUBSTANTIAL PLAT AMENDMENT Final ~-J Submitted GGARY WRIGHT 9255625 Clock Runrnng Days ~ 0 Expires ID4J20~~ X2004 J owner Last Name IRYANCO PARTNERS XXX 1 ~ First Name 715 W MAIN ST L_....__._ Phone ASPEN CO 81611 Owner Is Applicant? applicant Lask Name (WRIGHT J - First Name GARY 715 W MAIN ST ___ ASPEN CO 61611 Phone (970) 925-5625 Cust # X26006 J Last Name ~ J First Name Phone oY. 5I$~°g . ~~ ~rr~"` ~,~,r s , d2.. 0 ~ ~. ... NOTICE OF APPROVAL .. 4.T For An Insubstantial Amendment to the Condominium Plat Parcel ID No.2735-124-86-001 - 2735-124-86-024 APPLICANT: Owner's Association for 715 W. Main Street (A :5 Condominium) ~.,•. , ~,,,~ ,. REPRESENTATIVE: Gary A. Wright, Wright and LaSalle, LLP SUBJECT OF 715 W. Main Street Condominium Plat AMMENDMENT: SUMMARY: On behalf of the Owner's Association for 715 W. Main Street, Gary Wright has applied for an insubstantial amendment to the 715 W. Main Street Condominium Plat. The interior walls between two units have been altered. The two affected units are owned by the same interest; however, the change is required to be noted on the plat in order to accurately represent the legal entities. The alterations to the interior walls are already completed. There were no changes to the exterior walls. The building permits have been approved and Letters of Completion have been issued for the renovations. Remodeling existing commercial development is exempt from the provisions of growth management, as long as there is no increase in net leasable square footage as indicated in the Code under Section 26.470.040. 66 square feet of greater common element was added to Unit 201. This exchange does not increase the net leasable area because the area that was included with Unit 201 was a stairway. Stairways are exempt from floor area calculations. STAFF EVALUATION: In order to amend and record the change to a Condominium Plat, an amendment must be approved by the Community Development Director. Staff supports the proposed amendment because it is minor in nature and does not affect the exterior footprint of the building or increase the net leasable area. Staff finds that the proposed amendment meets the criteria for an insubstantial amendment pursuant to section 26.480.080 of the City of Aspen Land Use Code. DECISION: The Community Development Director finds the application is consistent with the review criteria for Condominiumization Subdivision and thereby, APPROVES the amendment as specified below. t !''` ~... .~,. The approved amendment to 715 W. Main Street Condominium P-at allows for an amended plat to be recorded at the Pitkin County Clerk aad Recorder Office. Appropriate signatures, including the Director of Community Development and the City Engineer, will be required. APPROVED BY: Chris Bendon Community Development Director ~~ ~ ~~ Dat~~ 2 r~ r, .., .~. Errin Evans From: Brian Flynn Sent: Monday, May 12, 2008 12:22 PM To: Errin Evans Subject: RE: 715 W. Main Street Insubstantial Amendment no issues, thanks Brian Flynn Open Space and Special Projects Manager (P)970-429-2035 (F)970-920-5128 SPEN PARKS 6 RECREATION From: Errin Evans Sent: Monday, May OS, 2008 12:08 PM To: Development_Review_Committee Subject: 715 W. Main Street Insubstantial Amendment The applicant is proposing to amend the condominium plat to show the changes made to an interior wall. There is an increase of 66 square feet of net leasable space. Please let me know if you have any questions or concerns regarding this application. A DRC meeting will not be scheduled. Errin Evans Current Planner Community Development City of Aspen 130 S Galena Street Aspen, Colorado 81611 Phone:970-429-2745 Fax: 970-920-5439 Tea Gi. it AvEn www.aspenpitkin.com f ..~ ... 130 S. Galena St. Aspen CO 81611 (970)920-5090 (970) 920-5439, fax D To: ary Wright From: Errin Evans Fax: 25-5663 Pages: 3 Phone: 25-5625 Date: ay 8, 2008 Re: 15 W. Main C: ^ Urgent ^ For Review ^ Please Comment ^ Please Repty ^ Please Recycle • Commenfs: This is a copy of the approval for the amendment to the Condo Plat. A copy of the original is in the mail. ~.., Janice K. Vos Caudill Clerk and Recorder 530 East Main Street Aspen, CO 81611 (970)429-2707 www.PitkinClerk.org Pitkin County Transaction #: 8655 Receipt #: 200803029 Cashier Date: 5/20/200811:30:48 AM (LDEAN) Page 1 of 1 IIIIIIIIIIIVIIIVIIIVIIIIIII IIII Print Date: 5/20/2008 11:30:50 AM Customer Information Transaction Information Payment Summary DateReceived: 05/20/2008 Source Code: Over the Counter (ASPCIT) ASPEN CITY OF Q Code: Over the Counter Total Fees $21.00 ATTN CITY CLERK Over the Total Payments $21.00 Return Code: Counter Trans Type: Recording Agent Ref Num: 1 Paymeuts $21.00 F ~ CHECK 21874 1 Recorded Items ~_ BK/PG: 87/53 Reception:549288 Date: 5/20/2008 R (PLAT~PLAT 11:30:47AM From.• To.• Plat Recording @ $10 per page $1 Surcharge 2 $21.00 0 Search Items 0 Miscellaneous Items file://C:\Program Files\RecordingModule\default.htm 5/20/2008 RECEPTION#: 549283, 05/0/2008 at 10:40:53 AM, 1 OF 6,~yR $31.00 Janice K. Vos Caudil{r. `~,2itkin County, CO ~~ CONSENT TO AMEND CONDOMINIUM PLAT MAP and CONDOMINIUM DECLARATION This Consent to Amend Condominium Plat Map and Condominium Declaration, (herein "Consent") is executed and granted to confirm compliance with the Condominium Declaration jor 7/S West Main (a Condominium), (herein "Condominium Declaration") for the First Amended Plat Map of 715 West Main (a Condominium), which shall supersede, replace, nullify and make the prior recorded Plat Map void and of no further force and effect, and to evidence the approval of Revised Exhibit A attached to the Condominium Declaration for 715 West Main, which shall supersede, replace, nullify and make the prior recorded Exhibit A void and of no continuing force and effect. 1. Recitals: A. The Condominium Declaration provides that it and the Plat Map of 715 West Main (a Condominium) may be amended after obtaining the written and acknowledged consent of at least seventy-five percent (75%) of the owners' interests. B. The percentages set forth below "Proiecl Percentages" are from the current Condominium Declaration, at page 26 of 26, Exhibit A, which as of the date hereof is in full force and effect. C. The undersigned approve the First Amended Plat Map of 715 West Main (a Condominium) and approve the Revised Exhibit A to the Condominium Declaration. 2. Consents: Now therefore, the following have set their signatures below to indicate their consent for the ownership interest set forth below their signature. Project Owner Unit Number Percentaee James K. Daggs 101 11.21 102 5.22 State of Colorado ) ss Pitkin County ) Total percentage: 16.43% The foregoing Consent tp~ondomini Plat Amendment was duly executed acknowledged before me this 1~~ day of % ~ 2008, by James K. D! Witness my hand and officia; se 1. My commission expires:8/~/~09 ~ Notary By: J~ines K. Daggs AhCanmleaat RECEPTION#: 599283, 050/2008 at 10:40:53 AM, 2 OF 6,,,.,~ Janice K. Vos Caudill, itkin County, CO .. . CONSENT TO AMENDMENT CONDOMINIUM PLAT MAP and CONDOMINIUM DECLARATION for 715 West Main (a Condominium) Aspen, Pitkin County, Colorado /7~- Cyr and Company 103 8.02 105 5.13 By: _ Baaett Cyr By: Joe .Hoc well Total percentage: 13.15% State of Colorado ) ss Pitkin County ) The foregoing Conser acknowledged before me this Hocknell. Witness my hand and official seal. y~;.;(i~ My commission expireS~ /// FOF ~ Luis A. Menendez and Nasrin Menendez 104 9.63 Stale of Colorado ) ss Pitkin County ) Total percentage: 9.63% The foregoing Consent to Condominium Plat Amendment was duly executed and acknowledged before me this _ day of 2008, by Luis Menendez and Nasrin Menendez. Witness my hand and official seal. My commission expires: ~G, was duly executed and 08, by Barrett Cyr and Joel N. Luis A. Menendez By: By: Nasrin Menendez Notary Public Page 2 of 6 RECEPTION#: 549283, O5`?0/200B at 10:40:53 AM, 3 OF 6,~ Janice K. Vos Caudill, itkin County, CO <.~. CONSENT TO AMENDMENT CONDOMINIUM PLAT MAP and CONDOMINIUM DECLARATION for 715 West Main (a Condominium) Aspen, Pitkin County, Colorado Jerome Office Aspen Company, LLC 201 11.89 State of Colorado ) ss Pitkin County ) By: ~ 1./~ Gary A. Wright ,Manager Total percentage: 11.89% The foregoing Consent to Condominium Plat Amendment was duly executed and acknowledged before me this ~~ day o 2008, by Gary A. Wright as Manager of Jerome Office Aspen ~,y Witness my hand and My commission expir SilverLode Investors, LLC 202 State of Colorado ) ss Pitkin County ) ~.~`,/~ otary u is B S. Wright, Manager 5.92 % Tota] percentage: 5.92% The foregoing Consent to Condominium Plat Amendment was duly executed and acknowledged before me this ~f day of 2008, by Jena S. Wright as Manager ofSilverL,ode Investors, LLC. v~;,.:....,,•SD ~~ ~pTAR~.,Z Witness my hand and official My commission expires: Page 3 of 6 RECEPTION#: 569283, 050/2008 at 10:40:53 AM, 4 OF 6,~ Janice K. Vos Caudill, Ltkin County, CO CONSENT TO AMENDMENT CONDOMINIUM PLAT MAP and CONDOMINIUM DECLARATION for 715 West Main (a Condominium) Aspen, Pitkin County, Colorado Shadow Mountain Of£ces, t.Lc 203 303 State of Colorado ) ss Pitkin County ) The foregoing Consent to acknowledged by before me this Manager of Shadow Mountain O Witness my hand and of: My commission expires: 8/11/09 Gibson Aspen Properties, Ltc By: W Je .Wright, Manager 4.29 5.04 % Total percentage: 9.33% 204 5.95 205 4.48 206 3.70 State of Colomdo ) ss Pitkin County ) Amendment was duly executed and wi 1 2008, Jena S. Wright as Manager Total percentage: 14.13% The foregoing Consent to Condominium Plat Amendment was duly executed and acknowledged by before me this 9~'day of /gyp ~~ I 2008, Kathleen M. Gibson as Manager of Gibson Aspen Properties, LLC. Witness my hand and official seal. My commission expire°• o yP lic RECEPTION#: 549283, 05~0/200B at 10:40:53 AM, 5 OF 6,^,,,~ Janice K. Vos Caudill, itkin County, CO CONSENT TO AMENDMENT CONDOMINIUM PLAT MAP and CONDOMINIUM DECLARATION for 715 West Main (a Condominium) Aspen, Pitkin County, Colorado '~`` j1 Hawkes, Inc. By: NC-vWlt,,yt ~Ltnn.(~c.~ AN'tZVJty Zu¢~w;QPresident 301 3.95 302 3.65 304 3.15 % Total percentage: 10.75% State of Colorado ) ss Pitkin County ) The foregoing Consent to Condomi~' Plat (~ endment was dul executed and acknowledged before me this ~ day of ~/--'i)(~ , 2008, by i rC as President of Hawkes, Inc. '~l~ Witness my hand and official seal. My commission expires: Aspen Main Street, LLC 305 8.77 State of Colorado ) ss Pitkin County ) Notary r(lli By: Gary A. Wright, Manager Total percentage: 8.77% The foregoing Consent to Co dominium lat Amendment was duly executed and acknowledged by before me this (L~aay of 2008, Gary A. Wright as Manager of Aspen Main Street, t.t.c. Witness my hand and official seal. My commission expires: ~~ I i~C9 N tary Pub is 5 of 6 RECEPTION#: 549283, O5/.ZO/2008 at 10:40:53 AM, 6 OF 6,~,,,,A Janice K. Vos Caudill tkin County, CO ,~ CONSENT TO AMENDMENT CONDOMINIUM PLAT MAP and CONDOMINIUM DECLARATION for 715 West Main (a Condominium) Aspen, Pitkin County, Colorado 3. Seventy-five percent Approval Obtained: The foregoing constitutes the consent and approval of ~ ~~ % of the ownership interests of units as determined by Project Percentages at 715 West Main (a condominium) which exceeds the seventy-five percent (75%) required for authority and consent to amend and modify the Condominium Plat Map and Exhibit A to the Condominium Declaration. Therefore, Gary A. Wright, is requested and directed by the above office condominium owners to cause this instrument together with the first Amended Plat Map of 715 West Main (a Condominium), and Revised Exhibit A to the Condominium Declaration to be recorded and to thereafter be in full force and effect. Date: 1~ ~~ ~~,0 715 W(e..st~Main (a Condominium) By: K. Gary A. Wright ij State of Colorado ) ss Pitkin County ) The foregoing Consent to Amend Condominium P was duly executed and aclmowledged by before me this ~ Gary A. Wright as authorized agent for 715 West Main (a day of 2008, Witness my hand and officia i i pOq My commission expires: Page 6 of 6 RECEPTION#: 549284, 050/2008 at 10:40:54 AM, 1 OF 1,,^R $6.00 Janice K. Vos Caudill itkin County, CO 'i..~ u CONDOMINIUM DECLARATION 715 West Main (a condominium) REVISED EXHIBIT A (Attached to Condominium Declaration for 715 West Main) This $evised Exhibit A supercedes and replaces the Exhibit A that is attached to the Condominium Declaration recorded on 18 October 2002, as Reception number 473618. This Revised Exhibit A is made and given to accurately reflect the size and configuration of the individual Condominium Units after the recordation of an Amended Condominium Plat Map. The Cost har is used for assessments and is an adjusted amount of the Project Percentage to recognize certain modifications made by the original Declarant based on several subjective criteria, including but not limited to, telephone and electric services being contained in Unit 102. Additionally, Revised Cost Share percentages have been rounded to the nearest tenth of one percent. Voting rights fot a Unit have been and shall continue to be based on and determined on the Unit's Project Percentage and not on the Unit's Cost Share. Except for this Revised Exhibit A which supercedes and replaces the original Exhibit A attached to the Condominium Declaration as Page 26 of 26, the Condominium Declaration for 715 West Main, recorded on 18 October 2002, as Reception number 473618 is in full force and effect. Each Condominium Unit's surveyed Size, its Project Percentage, and its respective Revised Cost Share, for 7] 5 West Main (a condominium) is as follows: Proiect Revised Unit Number Square Feet Percentaee Cost Share 101 801 ] 1.73% 11.60% 102 237 3.47% 2.50% 103 542 7.94% 8.00% 104 651 9.54% 9.50% 105 420 6.15% 6.00% 201 845 12.38% 12.40% 202 360 5.26% 5.80% 203 303 4.44% 4.50% 204 402 5.89% 6.10% 205 303 4.44% 4.60% 206 250 3.66% 3.80% 301 267 3.9]% 4.00% 302 247 3.62% 3.80% 303 393 5.76% 5.20% 304 213 3.12% 3.20% 305 593 8.69% 9.00% 100.00% 100.00% K \ ~~ :~ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKET TiiE CITY Of ASPEN Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: I . Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit of Notice All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the intemet at www.asoenoitkin.com ,City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold apre-application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: ~ 15 W M I1'1 C }~mi n~, log I~ Own 5 Asse~~ Location: ~I ~ Wes+ t71i/1 S'jYCe't" Indicate street address, lot & block number, le al descri tion where a ro riate Parcel 1D # (REQUIRED> 2 7 3 12 (~ 00 - 2 7 D REPRESENTATIVE: Name: T Address: 1 ~ rj W/~(S'I' Y1 5'IYCt"~' ~ lA I -tip 2D I %1~D21~~ CO Phone#: ~~~• g25.5[~25 PRO.IRCT[ Name: 1-tI GJ 1'Wf . MA /f~ ,y_ Address: 1-I-•~J V_V/Q~57~ ~~Q}1,n C ~'Pe 1 Phone #: ~ / Q ~1 L. ~ • ~J lX 2 :.J 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/ Margin, Hallam Lake Bluff; condominiumization) Expansion Mountain View Plane ~,_,( ~Ylsttibs-han~ia ^ Lot Split ^ Temporary Use Y•L~ ~ Other: ^ Lot Line Ad'ustment ^ Text/Ma Amendment 7 1Q~•~' {• PROP SAL: (descri tion of ro osed buildin s, uses, moditications, etc.) 0 C hanta.e. Have you attached the following? FEES DoE: $.590.OD ^ Pre-Application Conference Summary ^ achment #l, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Fonn ^ 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 cop}~~/Of~ /ED text (Microsoft Word Format) must be submitted as part of the application. ~[ vG' Y APR 2 5 [uurs CITY OF ASPEN COMMUNITY DEVELOPMENT r-~ ~. Project: Applicant: Location: Zone District: Lot Size: Lot Area: ,-., ., (for the purposes ofcalculating 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.) I Commercial net leasable: Existing: '~ Proposed: gyp, ~j 2 ~] Number of residential units: Existing: hL Proposed: D L Number of bedrooms: Exis[ing.• Na/~ tt- Proposed: r71'~ ~, Proposed % of demolition (Historic properties only): N~~ DIMENSIONS: Floor Area: Existing: Allowable: Principal bldg. height: Existing: A Access. bldg. height: Existing: On-Site parking: Existing: Site coverage: Existing.• Open Space: Existing: Front Setback: Existing: Rear Setback: Existing: Combined F/R: Existing: Side Setback: Existi Side Setback: fisting: Combined Sid Existing.• Allowable: Required Proposed: \v~S -Proposed: ~' Proposed: Proposed: hdquired: Proposed: Required: Proposed: Required: Proposed: Distance B~fween Existing Required: Proposed: ildings RECEIVED APR 2 5 Luuo CITY OF ASPEN COMMUNITY DEVELOPMENT Existing non-conformities or encroachments: Nov~~ Variations requested: !V ~~ ei "lY1e ivlCveaS e 1 n Catitrh ercl a I ne+ le aS q,bi a resu Ifs '~YOY1n (Q(,Q $G~, ~ Of A II1'V1i~ CDYVI mOh ~ I~ F'-'-~ n~+- bec o rv- i v-g {~A,v+ o~• G. Card o m i/- ~u~rh uv~ ~ ~--. ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM WRIGHT ~ LASALLE, LLP Gary A. Wright gaw@wrightlasalle.com 25 Apri12008 Chris Bendon, Director City of Aspen Community Development Department 130 South Galena Street, 3`d Floor Aspen, Colorado 81611 Re: Land Use Application for Insubstantial Amendment to 715 W. Main (a Condominium) Dear Chris, 715 West Main Street, Suite 201 Aspen, Colorado 81611 Telephone: (970) 925-5625 Facsimile: (970) 925-5663 Byhand-delivery RECEIVED APR 2 5 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT I am writing this cover letter for my attempt at a land use application for the above referenced project. I was surprised to find such an insubstantial and trivial modification to a condominium project required such a lengthy process of approval. However, since it does, I am trying to comply but at the same time to keep it as simple as possible. In addition to the Land Use Application that accompanies this letter, I want you to be aware and I have provided a copy of the existing recorded Condominium Plat Map, the proposed Amended Condominium Plat Map, existing recorded Exhibit A and proposed Amended Exhibit A. The reason that I consider this application insubstantial is since none of the outside walls have moved. No modifications have been made to the outside of the building at all. All that has occurred is that several of the unit owners that own more than one unit, have moved interior walls which results in one of the units becoming larger, while the other becomes smaller. Obviously, for resale, the Condominium Plat Map and the ownership interests set forth in the Exhibit A to the Condominium Declaration must be modified. Additionally, one owner has acquired both units that have formerly had the benefit of a single limited common element. This common element has now become part of one of the condominium units and that owner is responsible for all upkeep and maintenance of it. Thus, the total net leasable square footage has increased by 66 square feet. I have attached a copy of a Consent to Amendment that includes almost 80% of the current condominium unit owners' notarized approval. As you can see from the Condominium Declaration, a recorded copy of which is also provided, 75% approval is all that is required. www. wrightlasalle. c o m WRIGHT ~ LASALLE, LLP RECEIVED Chris Bendon, Director Af R 2 5 ZU08 25 Apri12008 CITY OF ASPEN Page 2 COMMUNITY DEVELOPMENT Re: Land Use Application for Insubstantial Amendment to 715 W. Main (a Condominium) Please contact me with any questions and please let me know if there is anything that I can do to expedite this process. Sincerely, W (R[I T & LASALLE, LLP By: ~`'' Gary A. Wright Enclosures: Land Use Application ~p,Qp Check for Land Use Application Fee ($366>OD) Consent to Amendment Current recorded Condominium Plat Map (2 pages) Proposed Amended Condominium Plat Map (2 pages) Current recorded Condominium Declaration Current recorded Exhibit A to Condominium Declaration (1 page) Proposed - Exhibit A to Condominium Declaration (1 page) ~'^'~ ~...~ CONDOMINIUM DECLARATION 715 WEST MAIN (a wndominium) IIIII~I VIII ~~ ~~ VIII ~II ~NNI III IIIIII, ~ ICI 04 8/200820 1835P EXIiIBTI' A (Attached to Condominium Declaration for 715 West Main) The undivided interest in the General Common Elements appurtenant to Units in the 715 West Main (a condominium) are as follows: Unit Number u Fee Percen a of Proie ct Cost Share 101 758 11.21% 11.51% 102 353 5.22% 2.68% 103 542 8.02% 8.23% 104 651 9.63% 9.89% 105 347 5.13% 5.27% 201 804 11.89% 12.21% 202 400 5.92% 6.07% 203 290 4.29% 4.40% 204 402 5.95% 6.11% 205 303 4.48% 4.60% 206 250 3.70% 3.80% 301 267 3.95% 4.05% 302 247 3.65% 3.75% 303 341 5.04% 5.18% 304 213 3.15% 3.23% 305 593 8.77% 9.01% 6,761 100.00% 100.00% Page 26 of 26 r CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKET THE CITY OF ASPEN Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: I. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form Land Use Application Form 3. Dimensional Requirements Form Matrix of Land Use Application Requirements/Submittal Requirements Key General Summary of Your Application Process 6. Public Hearing Notice Requirements Affidavit of Notice All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the Internet at www.aspenpitkin.com ,City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold apre-application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. RECEIVED APR 2 5 cuuo CITY OF ASPEN COMMUNITY DEVELOPMENT ~ .~. CONDOMINIUM DECLARATION 715 West Main (a condominium) REVISED EXHIBIT A (Attached to Condominium Declaration for 715 West Main) This Revised Exhibit A supercedes and replaces the Exhibit A that is attached to the Condominium Declaration recorded on 18 October 2002, as Reception number 473618. This Revised Exhibit A is made and given to accurately reflect the size and configuration of the individual Condominium Units after the recordation of an Amended Condominium Plat Map. The Cost Share is used for assessments and is an adjusted amount of the Project Percentage to recognize certain modifications made by the original Declarant based on several subjective criteria, including but not limited to, telephone and electric services being contained in Unit 102. Additionally, Revised Cost Share percentages have been rounded to the nearest tenth of one percent. Voting rights for a Unit have been and shall continue to be based on and determined on the Unit's Project Percentage and not on the Unit's Cost Share. Except for this Revised Exhibit A which supercedes and replaces the original Exhibit A attached to the Condominium Declaration as Page 26 of 26, the Condominium Declaration for 715 West Main, recorded on 18 October 2002, as Reception number 473618 is in full force and effect. Each Condominium Unit's surveyed Size, its Project Percentage, and its respective Revised Cost Share, for 715 West Main (a condominium) is as follows: Project Revised Unit Number Sauare Feet Percentage Cost Share 101 801 11.73% 11.60% 102 237 3.47% 2.50% 103 542 7.94% 8.00% 104 651 9.54% 9.50% 105 420 6.15% 6.00% 201 845 12.38% 12.40% 202 360 5.26% 5.80% 203 303 4.44% 4.50% 204 402 5.89% 6.10% 205 303 4.44% 4.60% 206 250 3.66% 3.80% 301 267 3.91% 4.00% 302 247 3.62% 3.80% 303 393 5.76% 5.20% 304 213 3.12% 3.20% 305 593 ~, 8.69% 9.00% 6~a ~' loo.oo°r° loo.oo°ro c ~, :;~ ~~ 61 b~>~~.. CONSENT TO AMEND RECEIVED APR 2 5 zuuu CONDOMINIUM PLAT MAP and CONDOMINIUM DECLARATION ~~nnCuuIuuT~~1Y11~~ OFnnFFAVVSPEN This Consent to Amend Condominium Plat Map and Condominium DecTA7'trTCdr"rTY(PSSt~i OPMENT "Consent") is executed and granted to confirm compliance with the Condominium Declaration for 715 West Main (a Condominium), (herein "Condominium Declaration") for the First Amended Plat Map of 715 West Main (a Condominium), which shall supersede, replace, nullify and make the prior recorded Plat Map void and of no further force and effect, and to evidence the approval of Revised Exhibit A attached to the Condominium Declaration for 715 West Main, which shall supersede, replace, nullify and make the prior recorded Exhibit A void and of no continuing force and effect. Recitals: A. The Condominium Declaration provides that it and the Plat Map of 715 West Main (a Condominium) may be amended after obtaining the written and acknowledged consent of at least seventy-five percent (75%) of the owners' interests. B. The percentages set forth below "Project Percentages" are from the current Condominium Declaration, at page 26 of 26, Exhibit A, which as of the date hereof is in full force and effect. C. The undersigned approve the First Amended Plat Map of 715 West Main (a Condominium) and approve the Revised Exhibit A to the Condominium Declaration. 2. Consents: Now therefore, the following have set their signatures below to indicate their consent for the ownership interest set forth below their signature. Project Owner Unit Number Percentaee James K. Daggs 101 11.2] 102 5.22 By: ~~,~ ~ /i~ James K. Daggs State of Colorado ) ss Pitkin County ) Total percentage: 16.43% The foregoing Consent tq~ondomini Plat Amendment was duly executed acknowledged before me this day of % ~ 200$, by James K. D1 / , Witness my hand and officia) se I. My commission expires:/~/~09 ~ Notary ~pTAq~!i2 ~~o `Po Op COLO~ CONSENT TO AMENDMENT CONDOMINIUM PLAT MAP and CONDOMINIUM DECLARATION for 715 West Main (a Condominium) Aspen, Pitkin County, Colorado ~~' Cyr and Company By: Barrett Cyr By: Joe .Hoc ell 103 8.02 105 5.13 % Total percentage: 13.15% State of Colorado ) ss Pitkin County ) OP VAN q~ The foregoing Consent to~ondo nt was duly executed and acknowledged before me this ~~ day ~:~~ •ito 008, by Barrett Cyr and Joel N. Hocknell. N '. A Witness my hand and official seal. y'•.,lrgL~~;.~ o~ M commission ex ire : TFpF O~OQ,P y ~///~09 C Notary Public My Commission Expires 0811112009 Luis A. Menendez and Nasrin Menendez By: Luis A. Menendez By: Nasrin Menendez 104 9.63 % Total percentage: 9.63% State of Colorado ) ss Pitkin County ) The foregoing Consent to Condominium Plat Amendment was duly executed and acknowledged before me this day of 2008, by Luis Menendez and Nasrin Menendez. Witness my hand and official seal. My commission expires:. Notary Public Page 2 of 6 ~' CONSENT TO AMENDMENT CONDOMINIUM PLAT MAP and CONDOMINIUM DECLARATION for 715 West Main (a Condominium) Aspen, Pitkin County, Colorado Jerome Office Aspen Company, LLC 201 11.89 State of Colorado ) ss Pitkin County ) Total percentage: 11.89% The foregoing Consent to Condominium Plat Amendment was duly executed and acknowledged before me this zl ~ day o 2008, by Gary A. Wright as Manager of Jerome Office Aspen ~ Witness my hand and My commission expir SilverLode Investors, LLC 202 5.92 State of Colorado ) ss Pitkin County ) .,.....~.. , ,..~..~s,,. Total percentage: 5.92% The foregoing Consent to Condominium Plat Amendment was duly executed and acknowledged before me this 2/ sf day of 2008, by Jena S. Wright as Manager of SilverLode Investors, LLC. \~~.,,.Tq.. SO ~;~0 9j .2 Witness my hand and official My commission expires: ~. NJ'r:OGe L~G;PAC c~`oF COOP My Cormdssion Fapires O6/22I2 Page 3 of 6 By: ~ V Gary A. Wright ,Manager CONSENT TO AMENDMENT CONDOMINIUM PLAT MAP and for 715 West Main (a Condominium) Aspen, Pitkin County, Colorado Shadow Mountain Offices, LLc 203 303 State of Colorado ) ss Pitkin County ) The foregoing Consent to acknowledged by before me this Manager of Shadow Mountain O Witness my hand and ofl My commission expires: g/~llD`} .~ 4.29 5.04 % Total percentage: 9.33% Gibson Aspen Properties, LLC MyC.dM~sion 204 5.95 205 4.48 206 3.70 State of Colorado ) ss Pitkin County ) Plat Amendment was duly executed and _l~DVi ~ 2008, Jena S. Wright as DECLARATION By: `~ Je .Wright, Manager ~~-(~~thS~r- ~'r`c`~`- Kathleen M. Gibson, Manager ~~ Total percentage: 14.13% The foregoing Consent to CondominiumAPlat Amendment was duly executed and acknowledged by before me this d~day of irp ~~ ~ 2008, Kathleen M. Gibson as Manager of Gibson Aspen Properties, t.LC. Witness my hand and official seal. My commission expire°~ o P blic CONSENT TO AMENDMENT CONDOMINIUM PLAT MAP and CONDOMINIUM DECLARATION for 715 West Main (a Condominium) Aspen, Pitkin County, Colorado Hawkes, Inc. 301 3.95 302 3.65 304 3.15 By: IfivW~ ~~- RN7biJIM- ZuRIHGRPresident Total percentage: 10.75% State of Colorado ) ss Pitkin County ) The foregoing Consent to Condominium Plat endment was dul executed and acknowledged before me this ~ day of 2008, by ~`-t ,~ iC1~ls i C ~'~2R as President of Hawkes, Ina Witness my hand and official seal. My commission expires: . ICY GOUIIAI~S10~1 EY~IRES 1(13~'~f0 Aspen Main Street, tic 305 8.77 State of Colorado ) ss Pitkin County ) Notary bh~c J By: Gary A. Wright, Manager Total percentage: 8.77% The foregoing Consent to Condominium Plat Amendment was duly executed and acknowledged by before me this day of 2008, Gary A. Wright as Manager of Aspen Main Street, LLC. Witness my hand and official seal. My commission expires: Notary Public Page 5 of 6 ~~ CONSENT TO AMENDMENT CONDOMINIUM PLAT MAP and CONDOMINIUM DECLARATION for 715 West Main (a Condominium) Aspen, Pitkin County, Colorado Hawkes, Inc. By: President 301 3.95 302 3.65 304 3.15 State of Colorado ) ss Pitkin County ) Total percentage: 10.75% The foregoing Consent to Condominium Plat Amendment was duly executed and acknowledged before me this day of 2008, by President of Hawkes, Inc. Witness my hand and official seal. My commission expires: Aspen Main Street, Lt.C 305 8.77 State of Colorado ) ss Pitkin County ) Notary Public as By: Gary A. Wright, Manager Total percentage: 8.77% The foregoing Consent to Condominium Plat Amendment was duly executed and acknowledged by before me this ~~ day of 2008, Gary A. Wright as Manager of Aspen Main Street, ~t.c. ' . , ~ ~`~~oTAR~~2 Witness my hand and official My commission expires: MP Commission Expires06/2212009 Page 5 of 6 "~ A(~ \G ~9~~~'c•. .Q L...~ 'VtiOF [:OL~ ~' CONSENT TO AMENDMENT CONDOMINIUM PLAT MAP and CONDOMINIUM DECLARATION for 715 West Main (a Condominium) Aspen, Pitkin County, Colorado 3. Seventy-five percent Approval Obtained: The foregoing constitutes the consent and approval of 7~1 , ~OZ'% of the ownership interests of units as determined by Project Percentages at 715 West Main (a condominium) which exceeds the seventy-five percent (75%) required for authority and consent to amend and modify the Condominium Plat Map and Exhibit A to the Condominium Declaration. Therefore, Gary A. Wright, is requested and directed by the above office condominium owners to cause this instrument together with the First Amended Plat Map of 715 West Main (a Condominium), and Revised Exbibit A to the Condominium Declaration to be recorded and to thereafter be in full force and effect. Date: 10 Q,p (. l /.~$ State of Colorado ) ss Pitkin County ) 715 West Main (a Condominium) By: Gary A. Wright The foregoing Consent to Amend Condominium F was duly executed and acknowledged by before me this _ Gary A. Wright as authorized agent for 715 West Main (a Witness my hand and officia sea . My commission expires: 8 I l ~~] TA q'~, LAG My Commission E~ires 08/112009 Page 6 of 6 ~O L day of ~D/j ~ 2008, Confirmation of approval percentages 715 West Main (a Condominium) io Apri120o8 Unit ioi 11.21% Daggs io2 5.22% Daggs io3 S.o2% Harris l05 5.13% Harris io4 Menendez 2oi 11.89% JOA 202 5.92% SLI 203 4.29% SMO 204 5.95% GAP 205- 4.48% GAP 206 g.7o% GAP 301 Hawkes 302 Hawkes 303 5.04% SMO 304 Hawkes 305 8.77% Total 79.62 ~~~ x~ f"" /'** `I.uI/ 'lull I ,w.Gi I IIIIII VIII IIIIII IIII VIII III IIIIII III II II IIII IIII 109 3 20082 01 : 3SP RECEIVED 61LVifi DAVis PITKIN COUNTY CO R 137.00 o e.ee CONDOMINIUM DECLARATION AI'R ~ 5 [UU8 FOR CITY OF ASPEN 715 WEST MAIN COMMUNITY DEVELOPMENT (a Condominium) THIS DECLARATION is made and entered into by 715 West Main, LLC, a Colorado limited liability company, hereinafter referred to as "Declarant." RECITALS: A. The Declarant is the owner ofcertain real property situate in the City and Townsite ofAspen, Pitkin County, Colorado, described as Lots D, E, and F, Block 19; and, B. The Declalant has improved and is improving the above-described real property with a condominium project in the form of a three level building to be known as the "715 West Main" which shall be a condominium project consisting of a parking area, a garden level, a first floor level and a second floor level all wntaining professional office units, all of which units will be treated as integral parts ofa single condominium ownership project; and, C. The Declarant desires to establish certain rights and easements in, over and upon the real property for the benefit of itself and all future owners of any part of the real property, and any air space unit or units thereof or therein contained; and to provide for the harmonious, beneficial, and proper use and conduct of the property and all air space units; and, D. The Declarant desires and intends that the several Unit Owners, mortgagees, and bust deed holders, occupants, and other persons hereafter acquiring any interest in the property shall at all times enjoy the benefits of, and shall hold their interest subject to the rights, easements, privileges, restrictions, and obligations hereinafter set forth, all ofwhich are declared to be in furtherance ofa plan to promote and protect the cooperative aspect of the property and are established for the purpose of enhancing and perfecting the value, desirability, and attractiveness of the property. DECLARATION: NOW, THEREFORE, as provided and permitted by the Colorado Common Ownership Interest Act, rho Declarant does hereby publish and declare that the following terms, covenants, conditions, easements, restrictions, uses, limitations, and obligations shall be deemed to run with the land above described, and shall be a burden and a benefit to the Declarant, its successors and assigns, and any persons acquiring or owning an interest in the subject property and improvements, their grantees, mortgagees, successors, heirs, executors, administrators, devisees or assigns. 1. Definitions. Unless the context clearly indicates a different meaning therefore: {a) "Declaration" means this instrumentbywhichthe715WestMain(acondominiumproject) is established. *^- ^~ CONDOMINIUM DECLARATION I IIII I I1III IIIIII lllli llll VIII Ililll III lily IIII I'll e~ B6 08 06:35P 715 WEST MAIN (a condominium) ~'llll SILV[F DPViS PItKIN COUNTY 00 R 131.00 D 0.00 (b) "Unit" means one of the individual air space units, consisting of an enclosed room (or rooms to be enclosed by `~rroposed wall" or accessed by "proposed doors") occupying part of or all of the garden level, first floor level and second floor level, not including the parking area, which are bounded by the interior unfinished surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, as shown on the Map, together with all fixtures and improvements therein contained, but not including the structural components of the building, if any, within such Unit. Each Unit includes its respective undivided interest in the General Common Elements as set forth in Exhibit A, and any Limited Common Elements made appurtenant to such Unit. The Units may be used and occupied for aay lawful purpose, subject to use and occupancy restrictions contained is paragnaph 11 hereof. (c) "Parking Area" means the now unpaved parking area as shown on the Map, together with marking, striping and drainage facilities thereof, but specifically not including any structural components of the building located thereon. (d) "Parking Space" means one of the individual air space units, located within the perimeter of each separately designated parking space, as shown on the Map, but not including any structural components of the building located thereon. Each such Parking Space shall be separately owned by a Unit Owner and shall be for the exclusive use ofthe Owner of the Parking Space, subject to the restrictions contained in paragraph 12 hereof. (e) "Owner" means any person, firm, corporation, partnership, association or older legal entity, or a combination thereof, at any time owning a fee interest in a Unit; the term "Owner" shall not refer to any Mortgagee or Trust Deed beneficiary as herein defined, unless such Mortgagee or Trust Deed beneficiary has acquired legal and beneficial title pursuant to foreclosure or any proceeding in lieu of foreclosure or otherwise. (1) "Mortgage" means any mortgage, deed oftrust, or other security instrument by which a Unit or any part thereof is encumbered. (g) "Mortgagee" means any persons named as the mortgagee or beneficiary under any Mortgage or Deed of Trust under which the interest of any Unit is encumbered. (h) "Occupant" means any person or persons, other than the Owner, in possession of a Unit. (i) "Entire Premises" or "Propety" or "Condominium Project" means the hereinabove described real property, all improvements and structures constructed thereon or contained therein, and all easements, rights, and appurtenances belonging thereto, and all fixtures and property intended for the mutual use, benefit or enjoyment of the Unit Owners. (j) "Building" means the three level building, comprised of the garden level, first floor level and second floor level, and any other building improvements comprising a part of the Property and containing the Units. Page 2 of 26 r .~. u 473618 CONDOMIINIUM DECLARATION IIIIIIIInIINIIIIII~I~IIIIIHIINI~IIIIIIiIIIIIINI 00~eo e ~ e:asv 715 WEST MAIN a condominium (k) "Majority' or "Majority of the Unit Owners" means the owners of more than 50% in the aggregate in interest of the undivided ownership of the general common elements. Except as otherwise herein provided, any specified percentage of the Unit Owners, whether majority or otherwise, for purposes ofvoting and for all purposes and whenever provided in the Declaration, shall mean such percentage in the aggregate in interest ofthe entire undivided ownership ofthe general common elements. (1) "General Common Elements" means and includes all portions of the property except the Units, including, but not limited to, the following: (1) The foundations, columns, girders, beams, supports, main perimeter and supporting walls, roofs and those entrances, stairways, balconies, landings, access corridors, fire escapes and halls necessary to the safety, maintenance, or common use or access; (2) The exterior loading, storage, walkways, yard and garden areas; (3) Anyinstallationsconsistingofequipmentandmaterialsmakingupanypower,light, gas, electrical, air handling or conditioning, heating tanks, motors, ducts, vents, chases, compressors and similaz apparatus composing the central utility systems; (4) In general, all other apparatus and installations existing for common use; (5) All pipes, wires, ducts, flues, chutes, conduits, public utility lines (to the outlets) and structural components including beams and sheer walls running through a Unit or serving, or extending into, the general common elements, or any part thereof; (6) Toilet and washroom areas designated on the Map as "General Common Element Restrooms" shall be common elements, but their use may be restricted from time to time, as in the case of Limited Common Elements, to the exclusive use by Owners, occupants and invitees of Units located on the same floor without impairing their Character as General Common Elements for all other purposes. "General Common Element Mechanical" spaces designated on the Map between ceiling surfaces of each floor or level and floor surfaces on the next higher floor or level, and similarly designated vertical spaces within the main walls of the building and wall interapaces within walls or proposed walls shown on the Map as dividing Units expressly so designated or other spaces within the Building are General Common Elements for the exclusive purpose of installation, use, repair, maintenance of or connection to mechanical, electrical, plumbing, sprinkling, telephone, telegraph, wiring and similar apparatus as may be reasonably required either for the convenient use of occupation of a Unit, or for the convenient use and occupation ofthe common elements, insofar as the same maybe accomplished without damage to or unauthorized encroachment upon the air space within a Unit; Page 3 of 26 ~~ ... -~ .~% CONDOMINIUM DECLARATION I I~IIII IIII~ IIIIII VIII HCII IITII IIIIII I~ III II~ III, ~ i 36 0 8006 : ass 715 WEST MAIN {a condominium) (7) All other parts of the property and improvements necessary or convenient to its existence, maintenance, and safety, or normally in common use. (m) "Limited Common Element" means hose parts of the General Common Elements which are reserved in accordance with the teens hereof for the exclusive use ofthe Owners of one or more, but less than all, Units and which are or may hereafter be designated on the Map. (n) "Common Expenses" means and includes: (1) Expenses declared common expenses by provisions of this Declaration and the By- Laws ofthe Association; (2) Expenses of administration, operation, and management, maintenance, repair, replacement or improvement ofthe General Common Elements; (3) All sums properly assessed against the General Common Elements by the Association; and, (4) Expenses agreed upon as common expenses by the members ofthe Association in accordance with the teens and provisions hereof. (o) "Association" means anon-profit Colorado corporation, its successors and assigns, the Certificate of Incorporation and By-Laws of which shall govern the administration of this condominium property and the members of which shall be all ofthe Owners of the Units. The name of such corporation shall be the 715 West Main Condominium Association, Inc., or a similar name. (p) "Board" means the Board of Directors ofthe Association. (c~ "Map" means a plat or survey ofthe surface of the ground ofthe property, showing a survey and legal description thereof the location of buildings with respect to the boundaries ofthe property, together with a diagrammatic floor plan of the building showing the theoretical locations and dimensions ofall boundaries of each Unit, and Unit numbers identifying the Units, together with such other information as may be included thereon in the discretion of the Declarant. The Map, and any necessary supplements thereto, shall be filed for record in the Pitlcin County, Colorado, real property records. 2. Division of Pronertv Into Condominium Units. The real property hereinabove described is hereby divided into the following fee simple estates: sixteen (16) separately designated condominium Units situate on the garden level floor, first floor level and second floor level, eight (8) separately designated parlring spaces and the undivided interest in and to the Genersl Common Elements appurtenant to each such Unit, as is set forth in Exhibit A attached hereto. Page 4 of 26 .-, .., ... CONDOMINIUM DECLARATION IIIIIII~IIIIIIIIIIIIiIIIIIflI~IIIII III VIII IIII IIII ~°3/2008 0 :35P 715 WEST MAIN (a condominium) SILVIN DiiVI3 PITKIN COUNTY CO R 133.00 D 0.00 3. Limited Common Elements. Areas designated on the Map as Limited Common Elements for the benefit of a Unit shall be reserved exclusively for the benefit of the Owners of such Unit, and their officers, directors, agents, employees, members, guests, invitees, and licensees, as provided herein, to the exclusion of all other Unit Owners, except by invitation, and the same need not adjoin the Unit for the benefit of which it exists. 4. I~gparabilily of a Condominium Unit. Each Unit Owner shall at all times be entitled to the percentage of ownership in the General Common Elements appurtenant to such Unit as set forth in Exhibit A. Each Owner shall own such undivided interest in the General Common Elements as a tenant in common with ail the other Owners of the property. The percentages of ownership in the General Common Elements as set forth in Exhibit A shall, except as otherwise provided in the case of combination and further subdivision, remain constant unless thereafter changed by written agreement of all of the Owners with the written consent of all of the holders of first deeds of trust and mortgages. Each Unit and the undivided interest in the General Common Elements appurtenant thereto shall together comprise one Unit which shall be inseparable and nonpartitionable, and may be conveyed, leased, devised or encumbered only as a complete Unit and subject to the terms, conditions, and obligations hereof. Every gift, devise, bequest, transfer, encumbrance, or conveyance of a Unit shall include only the entire Unit, together with all appurtenant rights created by law or by this Declaration. 5. Aron-Partitionabiliri of General Common Elements. The General Common Elements shall be owned in common by all of the Owners of the Units and shall remain undivided, and no Owner may bring any action for partition or division of the General Common Elements. 6. Description of Condominium Unit. Every deed, lease, mortgage, deed of trust, will or other instrument purporting to convey an interest therein may legally describe a Unit by its identifying Unit number and symbol followed by the words: 715 West Main (a Condominium), Unit [number] with further reference to the Map thereof filed for record aad the recorded Declaration. Every such description shall be deemed good and sufficient for all purposes, and shall be deemed to convey, transfer, encumber or otherwise affect not only the Unit but also the General Common Elements and the Limited Common Elements appurtenant thereto. Likewise a Parking Space shall simply be identified by its letter designation. Each such description shall be construed to include, subject to all of the terms and provisions of this Declaration, anon-exclusive easement for ingress and egress and use of thc General Common Elements, together with the right to the exclusive use of the appurtenant Limited Common Elements. 7. Encroachments and Easements. The Declarant makes the following provisions regarding encroachments and easements. (a) In the event that by reason of the construction, reconstruction, settlement, or shining of the building, or the design or construction of any Unit, proposed wall, door or aperture, and anypart Page 5 of 26 r. .~, v ...~ CONDOMINIUM DECLARATION I IIII VIII IIIIII VIII III I IIII (VIII II VIII Ilfl IIII 10%18/~,200e2 06;35P 715 WEST MAIN (a condominium) SILVIFl DBMS PITKIN COUNTY CO R 131.80 D 0.00 of the General Common Elements encroaches or shall hereafter encroach upon any part of any such Unit, proposed wall, door or aperture when installed, or any part of any thereof encroaches of shall hereafter encroach upon any part of the General Common Elements, or any portion of any thereof encroaches upon any part of any other Unit, valid easements for such encroachment and the maintenance thereof are hereby established and shall exist for the benefit of such Unit, wall, door of aperture and the General Common Elements so encroaching so long as all or any part of the building shall remain standing; provided, however, that in no event shall a valid easement for any encroachment be created in favor of the Owner of any such Unit, wall, door, aperture or in favor of the Owners; of the General Common Elements if such encroachment occurred due to the willful conduct of the Owner or Owners. Such encroachments and easements shall not be considered or determined to be encumbrances either on the General Common Elements or the Units. (b) Easements are hereby declared and granted for utility purposes, including the right to install, lay, maintain, repair, and replace water mains and pipes, sewer lines, gas mains, television cables and antennas, telephone wires and equipment, and electrical conduits, wires, and equipment over, under, along, and on any part of the general common elements. (c) All easements and rights described herein are easements appurtenant to and conning with the land, and shall inure to the benefit of and be binding on the undersigned, its successors and assigls, and any Owner, purchaser, mortgagee, and other person having an interest in the land, or any part or portion thereof. (d) Reference in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements and rights described in this Declaration, shall be sufficient to create and reserve such easements and rights to the respective grantees, mortgagees, and trustees of such parcels as fully and completely as though such easements and rights were recited fully and set forth in their entirety in such documents; PROVIDED, HOWEVER, that each such deed, mortgage, trust deed or other evidence ofobligation shall be deemed to create and reserve such easements and rights as aforesaid notwithstanding the absence therein of any reference thereto. 8. karate Assessment and Taxation-Notice to Assessor. The Declarant shall give written notice to the Assessor of Pitkin County, Colorado, of the creation of condominium subdivision of the property as is provided by law, setting forth the description of the Units, so that each Unit and the undivided interest in the General Common Elements appurtenant thereto shall be separately assessed thereafter for all taxes, assessments, and other charges of the State of Colorado or of any political subdivision or of any special improvement district or of any other taxing or assessing authority. In the event that for any period of time, any taxes, assessments or other charges of any taxing or assessing authority are not separately assessed to each Unit Owner, but are assessed on the property as a whole, then each Unit Owner shall pay a proportionate share thereof in accordance with that Owner's respective percentage of ownership interest in the General Common Elements. Page 6 of 26 .^^~ ,-~. ~ ~.. 15 WEST~MAIN (aEondomi~m'umON Illllil VIII IIIIPIVIII VIII IIII~ IIIII~ III I~NI III III of en~e80oi :3sa 9. ~,'j,~g, A Unit may be held and owned by more than one person as joint tenants or as tenants in common, or in any real property tenancy relationship or ownership form recognized under the laws of the State of Colorado. 10. Use of General and Limited Common Elements. Each Owner shall be entitled to exclusive ownership andpossessionofthattTvner'sUnit. EachOwnermayusetheGeneralandLimitedCommon Elements subject to the terms and provisions of this Declaration in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other Owners. 11. Use and Occunancv. The Declarant makes the following provisions regarding use and occupancy. (a) Each Unit may be used and occupied for such professional business or service purpose or purposes as may be lawful and allowable under applicable laws, ordinances or the rules of any lawful public authority including conditions imposed upon the project by the City of Aspen at the time of governmental approval thereof. (b) No "For Sale" or "For Rent" signs, advertising or other displays shall be maintained or permitted on any part of ffie property except at such location and in such form as shall be approved in writing by the Board or the Managing Agent. The right is reserved by the Declarant, or its agent or agents, to place "For Sale" or "For Rent" signs on any unsold or unoccupied Units owned by it, and on any part of the General Common Elements with respect to the availability of such Units and the right is hereby given to any mortgagee, who maybecome the Owner ofany Unit, to place such signs on any Unit owned by such mortgagee. So long as any Unit is owned by it, the Declarant shall be entitled to access, ingress, and egress to the building and the property as it shall deem necessary in connection with the construction or sale of the building or any Unit. The Declarant shall have the right to use any unsold Unit or Units as a model or for sales or display purposes. (c) Each business establishment operated in a Unit or any part thereof shall be entitled to place one (1) sign of reasonable size and in a dignified manner containing the business name of such establishment upon the entrance door of such establishment, or at such other place as shall be permitted by the Board of Directors or Managing Agent. Additional signs may be placed only as permitted by the Board of Directors which permission may be granted or withheld in the sole discretion of the Board of Directors. (d) There shall be no obstruction of the General Common Elements nor shall anything be stored in the General Common Elements without the prior consent of the Board of Directors except as herein expressly provided. For purposes of maintenance, repair, alteration, and remodeling an Owner of a Unit shall be deemed to own the interior non-supporting walls and the materials therein such as, but not limited to, plaster, drywall, paneling, wallpaper, paint, wall and floor tile. Page 7 of 26 r-~ ~... CONDOMINIUM DECLARATION I IINII VIII Illlll Illy VIII VIII lllfll III Illll IIII III 4 G18/G40082 01 :35P 715 WEST MAIN (a condominium) SILVIA DAMS PITKIN COUNTY 0011 R 131.00 D 0.00 (e) Each Unit Owner shall be obligated to maintain and keep that Owner's own Unit, its windows and doors, including exterior and interior surfaces thereof; and the Limited Common Element or Elements with respect to such Unit, in good, clean order and repair. The use of the covering of the interior surfaces ofwindows, whether by draperies, shades or other items visible on the exterior of the building, shall be subject to the rules and regulations of the Boatel of Directors. (f) Nothing shall be done or kept in any Unit or in or upon the General Common Elements which will increase the rate of insurance on the building, or contents thereof without the prior written consent of the Board of Directors. No Owner shall permit anything to be done or kept in that Owner's Unit or in or upon the General Common Elements which will result in the cancellationoforincreasedpremiums ofinsurance oaths building, orcontents thereof, orwhich would be in violation of any law. No waste shall be committed in the General Common Elements. (g) Owners shall not cause or permit anything to be bung or displayed on the outside of windows or placed on the outside walls ofthe building and no sign or lettering, awning, canopy, or radio or television antenna shall be affixed to or placed upon the windows, exterior walls or roof or any part thereof, without the prior written consent of the Board of Directors. (h) No Large household pets, animals, livestock or fowl of any kind shall be raised, bred, or regularly kept in any Unit or in the General Common Elements, unless the Board of Directors, by rule or regulations, provides otherwise. (i) No noxious or offensive activity shall be carried on in any Unit or in the General Common Elements, nor shall anything be done therein, either willfully or negligently, which maybe or become an annoyance, or nuisance to the other Owners or occupants. (j) Nothing shall be done in any Unit or in, on or to the General Common Elements which will impair the structural integrity of the building orwhich would structurally change the building, except as otherwise provided herein, nor shall anything be altered or constnrcted in or be removed from the General Common Elements except as otherwise herein provided or otherwise permitted in writing by the Board of Directors. (k) The Owner of any Unit shall be permitted to construct, improve, change, or alter such Unit, and any portion of the General Common Elements contiguous to, and serving exclusively, such Unit, if the same is not visible on the exterior of the building, in any manner, provided that: (1) The structural integrity of the building will not thereby be impaired; (2) The common assessments payable by the other Unit Owners hereunder are not increased directly or indirectly as the result of such construction, improvement, change or alteration; Page 8 of 26 .~». .~., .~: ~... CONDOMINIUM DECLARATION I Illill VIII I~IIII VIII VIII Illy I III) III VIII ill IIII 4 9 36 E X03 :3EP 715 WEST MAIN (a condomimum) ,^I (3) Such work will be done at the sole cost and expense of Owner or Owners benefitting from such work and shall be performed in full compliance with all applicable laws, ordinances and regulations and the provisions of the Declarations provided that in the event of a dispute with regard thereto, the Association, such work shall be done by and the costs thereof specially assessed in an equitable manner, in proportion to the benefits bestowed, to the Units benefitting therefrom; (4) The boundaries of such Unit, as shown on the Condominium Map, will not thereby be changed or altered; and, such Owner shall indemnify all other Owners of Units from any and all claims, liens, liabilities, suits or demands whatsoever relating to or arising out of such work, except insofar as any claim is waived and released as provided in subparagraph (n) ofthis paragraph 11. (1) No clothes, sheets, blankets, laundry of any kind or other articles or merchandise shall be bung out or exposed on any part of the General Common Elements. The Common Elements shall be kept free and clear of rubbish, debris and other unsightly materials. (m) There shall be no lounging furniture, bicycles, wagons, vehicles, benches, chairs, skis or sporting equipment, tethered doge or cats, or other pecsanal property on any part of the General Common Elements except in spaces expressly provided therefor without the prior consent of, and subject to the regulations of; the Board of Directors. (n) Each Owner hereby waives and releases any and all claims which that Owner may have against any other Owner, the Association, the officers, and members of the Board of Directors, the Declarant, the Managing Agent, and their respective officers, employees, and ageats, without limiting the generality of subparagraph (g) of paragraph 13 below, for damages to the General Common Elements, the Units, or to any personal property located in the Units or General Common Elements, caused by fire or other form ofcasualty which is fully covered by insurance. (o) If, due to the act or neglect of an Owner, or of a member of an Owner's family or of a guest, tenant, licensee or invitee, or other authorized occupant or visitor of such Owner, damage shall be caused to the General Common Elements or to a Unit or Units owned by others, including but not limited to any furnace or utility room, heating equipment, pipes, ducts, apparatus or other equipment, or maintenance, repairs or replacements shall be required which would otherwise be at the common expense, then such Owner shall pay for such damage and such maintenance, repairs and replacements as may be determined by the Board of Directors to the extent not covered by insurance. Neither the failure of the Board ofDirectors to require such payment, nor any disagreement regarding the extent of payment required pursuant to the Board's determination hereunder, shall give rise to any claim or cause of action against the Board ar its members by any person, provided that nothing contained in this subparagraph (o) shall prohibit a Unit Owner from exercising any rights or remedies provided by law as against any person causing any damage to his Unit. Page 9 of 26 v CONDOMINIUM DECLARATION IIIIIIIIIIII~~IIIII~IVIIIVIIIIIIIIIIIIIIIIIIIIIIIII E9 66eer01a3eP 715 WEST MAIN (a condominium) o e.se (p) No Owner shall overload the electric wiring in the building, or unreasonably contribute to such overload, or operate any machines, appliances, accessories or equipment in such manner as to cause, in the judgment of the Board of Directors a hazard to the safety of Owner and occupants of and invitees upon the Condominium Project. (q) Parking Spaces shall be utilized only for parking fully operative motor vehicles therein and no personal property of any nature maybe stored or deposited for any purpose in any Parking Space. 12. Termination of Mechanic's Lien Rights and Indemnification. Subsequent to the completing of the improvements described on the Condominium Map, no labor performed or materials famished and incorporated in a Unit with the consent or at the request of the Unit Owner or such Owner's agent or such Owner's contractor or subcontractor shall be the basis for filing of a lien against the Unit of any other Owner not expressly consenting to or requesting the same, or against the General. Common Elements. Such Owner shall indemnify and hold harmless each of the other Owners from and against all claims and liability arising from the claim of any lien against the Unit of any other Owner or against the General Common Elements for construction performed or for labor, materials, services or other products incorporated in that Owner's Unit at such Owner's request or with such Owner's consent. The provisions herein contained are subject to the rights ofthe Managing Agent or Board ofDirectors as are set forth in Paragraph 13 below. 13. Administration and Manaeement. The Declarant makes the following provisions regarding administration and management. (a) -The administration and management of this condominium property shall be governed by the Articles of Incorporation and By-Laws of the Association. Each Unit Owner shall be a member of such Association, which membership shall terminate upon the sale or other disposition by such member of the full interest in that member's Unit, at which time the new Unit Owner shall automatically become a member hereof. (b) The Articles of Incorporation and By-Laws of the Association shall not contain any terms or provisions inconsistent with this Declaration and any such terms or provisions which may be inconsistent with this Declaration shall be null and void and of no force and effect. (c) The Association shall be governed by a Board of Directors as is provided in the By-Laws of the Association. The Association shall have the power to engage the services of a manager or managing agent, herein referred to as the "Managing Agent," who maybe any person, firm or corporation selected by the Board of Directors upon such terms and compensation as the Board of Directors deems fit, and to delegate to such manager or managing agent any of its duties, powers, and functions. (d) The Board of Directors shall consist of three (3) persons who shall be elected in the manner provided in the By-Laws of the Association. Page 10 of 26 \,.i ~.,/ CONDOMINIUM DECLARATION IMINII~IIBIIII VIII VIIIIIIIIIIIVIII (VIII IIIIiII 49360082 0183aP 715 WEST MAIN (a condomuvum) siLVia DQViS PITKIN COUNTY 00 II R 13+1.00 D 0.00 (e) If any Unit is owned by more than one (1) person, the voting rights with respect to such Unit shall not be divided, but shall be exercised as ifthe Unit Owners consisted of only one (1) person in accordance with the proxy or other designation made by the persons constituting each Unit Owner. (~ The Board of Directors may, from time to time, adopt or amend such reasonable rules and regulations governing the operation, maintenance, beautification and use of the General Common Elements and the Units, not inconsistent with the terms of this Declaration, as it sees fit, and the Owners shall conform to, and abide by, such reasonable rules and regulation. Written notice of such roles and regulations shall be given to all Owners. A violation of such rules or regulations shall be deemed a violation of the terms of this Declaration. (g) The members of the Board of Directors and the officers and employees of the Association shall not be liable to the Owners for any mistake of judgment, or any acts or omissions made in good faith as such members, officers or employees. The Owners shall indemnify and hold harmless each of such persons against al] contractual liability to others arising out of contracts made by such person on behalf of the Owners unless such contract shall have been made in bad faithorcontrarytotheexpressprovisionsofthisDeclaradon. The liabilityofanyOwnerarising out of any contract made by such persons or out of the aforesaid indemnity shall be limited to such proportion of the total liability thereunder as that Owner's percentage interest in the General Common Elements. Each agreement for which indemnity is provided hereunder made by such persons shall have been executed by such persons expressly as agents for the Association. ___ _._ (h) In the event of any dispute or disagreement between any Owners relating to the property, or any question of interpretation or application of the provisions of this Declaration or any other agreement affecting the project or the Association including the extent and exercise of voting rights by a Unit Owner or Owners, the determination thereof by the Board of Directors shall be final and binding on each and all of such Owners. The foregoing shall not apply incases where arbitration is expressly designated u the procedure for resolution of the dispute. 14. Reservation for Access -Maintenance. Repair and Emereenciea. The Owners shall have the in-evocable right, to be exercised by the Managing Agent or Board of Directors, to have access to each Unit from time to time during such reasonable hours as may be necessary for the inspection, painting, maintenance, repair, reconstruction, or replacement of any of the General Common Elements therein or accessible therefrom, or at any time for making emergency repairs therein necessary to prevent damage to the General Common Elements or to another Unit or Units, or to investigate any indication that such repairs may be necessary or desirable, or when such access is reasonably calculated to protect the health, safety or property of any Owner or occupant. Damages to the interior or any part of a Unit or Units resulting from the painting, maintenance, repair, emergency repair, rewnstmction or replacement of any of the General Common Elements or as a result of emergency repairs within another Unit at the insistence ofthe Association shall be a common Page 11 of 26 .~, CONDOMINIUM DECLARATION IIIIIIIIIIIIIIIIIITIIIIIIIfIIII1IIII~1Illllllllllllllu~ 10% 8p0sa 1fi35D 715 WEST MAIN (a condomimum) I 1 expense of all ofthe Ownere, subject, however, to the provisions of subparagraph (o) or paragraph I 1 hereof. Restoration ofthe damaged improvements shall be substantially the same as the condition of such improvements prior to the damage. Subject to the provisions of subparagraph (o) of paragraph 11 hereof, and except as herein otherwise specifically provided, all maintenance, repairs, reconstruction and replacements as to the General Common Elements, whether located inside or outside ofthe Units, shall be the common expense of all of the Owners. 15. Grantees. Each Grantee ofthe Declarant, by the acceptance of a deed of conveyance, accepts the same subject to all terms, provisions, easements, restrictions, conditions, covenants, reservations, liens and charges, and the jurisdiction, rights, and powers created or reserved by this Declaration and the Articles of Incorporation and By-Laws of the Association, and the provisions of the Colorado Condominium Ownership Act, as at any time amended, and all easements, rights, benefits and privileges of every character hereby granted, created, reserved or declazed, and all impositions and obligations hereby imposed shall be deemed and taken to be covenants Homing with the land, and shall bind any person having at any time any interest or estate in the manner as though the provisions of this Declaration were recited and stipulated at length in each and every deed of conveyance. 16. Insurance. The Declarant makes the following provisions regarding insurance. (a) The Board of Directors or the Managing Agent on behalf of the Board, shall obtain and maintain at all times the following insurance coverage provided by companies duly authorized to do business in Colorado: (1) Insurance for the property against loss or damage by fire and such other hazards as are wvered under standard extended coverage, vandalism and malicious mischief endorsements for the full insurable replacement cost ofthe common elements and the Units and such other casualty insurance as the Board of Directors deems advisable for the protection ofthe General Common Elements and the Units. The adequacy of such insurance in relation to "full replacement value" shall be reviewed at least annually by the Board. The insurance shall be tamed in blanket policy form naming the Association the insured, as attorney-in-fact for each ofthe Owners in the percentages established in Exhibit "A" hereto. Each Owner, other than the Declarant, shall notify the Managing Agent or the Board of Directors in writing ofany additions, alteration, or improvements to that Owner's Unit and that Owner shall be responsible for any deficiency in any insurance loss recovery resulting from that Owner's failure to so notify the Managing Agent or the Board of Directors. The Board of Directors or the Managing Agent shall use reasonable efforts to obtain insurance on any such additions, alterations or improvements if such Owner requests it to do so and if such Owner shall make arrangement satisfactory to the Managing Agent or the Board of Directors for reimbursement by such Owner for any additional premiums attributable thereto; and in the absence of insurance on such additions, alterations or improvements, the Board of Page 12 of 26 n .a. CONDOMINIUM DECLARATION 715 WEST MAIN (a condominium) ~, i III~AI{'1111V1, 473618 Pege: 13 of 26 10/18/2002 01 :33P 00 D 0.00 Directors shall pot be obligated to apply any insurance proceeds to restore the affected Unit to a condition better than the condition existing prior to the making of such additions, alterations improvements. All such policies of insurance shall insure additions, alterations or improvements made by the Declarant. All such policies of insurance shall contain standard mortgage clause endorsement in favor ofthe mortgagee or bust deed holder of each Unit and that such policy shall not be terminated, cancelled or substantially modified without at least twenty (20) days prior written notice to the mortgagee of each Unit and to each Unit Owner. (2) Comprehensive public liability and property damage insurance in such limits as the Board of Directors shall deem desirable insuring the Association, the members of the Board of Directors, the Managing Agent, and their respective officers, agents and employees, and the Owners from any liability in connection with any actor omission performed by any such person directly or indirectly pursuant to the provisions of this Declaration and with the General Common Elements. (3) Workers' Compensation Insurance and Employer's Liability Insurance as may be necessary to comply with applicable laws, and such other forms of insurance as the Board of Directors shall elect to effect. (b) Except as otherwise provide in this Declaration, premiums for all insurance obtained or maintained by the Board of Directors shall be common expenses. (c) The Board of Directors may, but shall not be required to, in its sole discretion, secure insurance policies that will provide for one or more of the following: (1) With respect to the insurance provided for in (a)(2) of this subparagaph, for coverage of cross liability claims of one insured against another, (2) With respect to the insurance provided for in (a)(1) of this subparagraph, a waiver of subrogation by the insurer as to any claims against the Association, the Managing Agent, the Owners and their respective agents, officers, employees, licensces, and invitees; (3) With respect to the insurance provided for in (a)(1) of this subparagraph, that the policy cannot be cancelled, invalidated or suspended on account of the conduct of any one or more individual Owners, or on account of the conduct of any officer or employce of the Association of Managing Agent without, in the latter case, a prior demand in writing that the Association or Managing Agent cure the defect; (4) With respect to the insurance provided for in (ax l) of this subparagraph, that the insurer shall not have the option to restore the premises, if the property is sold as provided in paragraph 22 (c) hereof; and, Page 13 of 26 W CONDOMINIUM DECLARATION I I~III VIII IIIIII VIII VIII VIII IIIIII III IIIIII II IIII 10~/18/~2002r0fB35P 715 WEST MAIN (a condomimum) SILVIR DRV15 PITKIN COUNTY CO R 331.00 D 0.00 (S) With respect to the insurance provided for in (a)(1) of this subparagraph, that any "no other insurance" clause in such policy exclude policies of insurance maintained by any Owner or his mortgagee from consideration and than no such insurance policy coverage under (a)(1) of this subparagraph be brought into contribution with insurance purchased by any Owner or his mortgagee. (d) Any Owner may obtain additional insurance at his own expense; provided that: (1) A copy of each such policy, except for a policy with coverage only as provided in (f) of this subparagraph, is furnished; (2) No such insurance maybe maintained which would adversely affect or invalidate any insurance, or any recovery thereunder, carried by the Board ofDirectora or decrease the amount which the Board of Directors would realize under any insurance policy the Board of Directors is maintaining; and, (3) Such insurance policy shall contain a waiver of subrogation as to claims against the Association, the Managing Agent, the Owners and their respective agents, officers, employees, licensees and invitees. (e) The board of Directors may engage the services of any bank or trust company authorized to do business in Colorado to act as trustee or agent on behalf of the Board of Directors for the purpose of receiving and disbursing the insurance proceeds under any policy provided for in (a)(1) of this paragraph and resulting from any loss,. upon such terms as the Board of Directors shall determine consistent with the provisions of this Declaration. In the event of any loss resulting in the destruction of the major portion of one or more Units, the Board of Directors shall engage an institutional trustee as aforesaid upon the written demand of the mortgagee or Owner of any Unit so destroyed. The fees of such institutional trustee shall be common expenses. (f) Insurance coverage on the furnishings and contents, insurance covering other items of personal property within each individual Unit belonging to an Owner and casualty and public liability insurance coverage within each individual Unit shall be the responsibility of the Owner thereof. 17. ltenaira Maintenance Replacements Additions Alterations and [mprovements ofthe Common Elements. There shall be no alterations, additions to, or improvements on, the Limited or General Common Elements, other than for purposes of replacing or restoring portions thereof, requiring an expenditure in excess of Five Thousand Dollars ($5,000.00), without the prior approval by affirrrfative vote ofseventy-&ve percent (75%) ofthe entire undivided ownership ofthe General Common Elements. There shall be no such required approval of or limitation upon expenditures required for the repair, maintenance and replacement of the General Common Elements. Page 14 of 26 9 ONWDOES~MA N DEco d m~mlurnON I IIIIII (IIII IIII~I VIII VIII (IIII (VIII II~ IIIIII III IIII e ~ as 082 03B35P SILV[R DPVIS PITKIN COUNTY CO R131 .00 D 0.00 18. Assessment for Common Expenses. The Declazant makes the following provisions regarding assessments and common expenses. (a) Declarant, for each Unit owned by it, and for and as the Owner of the property and every part thereof; herebycovenants, and each OwnerofanyUnit bythe acceptance ofa deed therefor, whether or not it be so expressed in the deed, shall be deemed to covenant and agree with each other and with the Association, to pay to the Association quarterly assessments made by the Association for the purposes provided in this Declaration, and special assessments for capital improvements and other matters as provided in this Declaration. Such assessments shall be fixed, established, and collected from time to time in the manner provided in this Article, and by the Articles of Incorporation and By-Laws of the Association. (b) The total quarterly assessments against all Units shall be based upon advance estimates of cash requirements by the Association to provide for the payment of all estimated expenses growing out of or connected with the maintenance and operation of the General Common Elements or famishing such utility services as shall not be separately furnished and metered to the Units, which estimates may include, among other things: taxes and special assessments, until the Units are separately assessed as provided herein; premiums for all insurance which the Association is required or permitted to maintain pursuant hereto, except such premiums as are paid for by the Association for which direct reimbursement is made by a Unit Owner or Owners; common lighting and heating and common water charges; trash collection; sewer service charges; repairs and maintenance; wages for Association employees; legal and accounting fees; eny deficit remaining from a previous period; the creation of a reasonable contingency reserve, surplus or sinking fund; and any other expenses and liabilities which may be incurred by the Association for the benefit of the Owners under or by reason of this Declaration; provided, however, that all expenses of repairing, striping, snow removal and maintenance of the Parking Area and Pazking Spaces shall be assessed only to the Owners of the limited common element parking spaces in proportion to the number of pazking spaces which they respectively own. (c) At least once each year, the Board of Directors shall estimate the annual budget of common expenses (the "annual budget") including the total amount required for the cost of wages, materials, insurance, services, and supplies which will be required during the ensuing calendar yearforthe renderingofall services in connectionwith the General Common Elements, together with a reasonable amount considered by the Board of Directors to be necessary for a reserve for contingencies and replacements, and shall notify each Unit Owner in writing as to the amount of such estimate with reasonable itemi2ation thereof. The annual budget shall be assessed to the Unit Owners according to each Unit Owner's Cost Share Percentage as set forth in Exhibit "A", or as may be modified in accordance with the provisions of this Declaration. On or before January 1 st of the ensuing year, and on or before the 1 st days of April, July, and Octobet of the year, each Owner shall be obligated to pay to the Boazd of Directors or to the Managing Agent, one-fourth (u4tl9 of the assessment made pursuant to this paragraph. On or before March 1st of each calendar yeaz commencing 2002, the Boazd of Directors or Managing Agent shall supply Page IS of 26 r ^~ \.r ~ .~ CONDOMINIUM DECLARATION I IIIIII IIII I~III VIII VIII VIII IIIIII II ull I III IIII 10% e~ a gae 1633P 715 WEST MAIN (a condominium) to all Unit Owners an itemized accounting of We common expenses for the preceding calendaz year actually incurred and paid together with a tabulation of the amounts collected pursuant to the estimates provided and showing the net amount over or short ofthe actual expenditures plus reserves. Any amount accumulated in excess of the amount required for actual expenses and reserves shall be credited according to each Owner's percentage of ownership in the General Common Elements to the next quarterly instalments due from Owners under the current yeaz's estimate, until exhausted, and any net shortage shall be added according to each Unit Owner' e peroentage ofownership in the General Common Elements to the next two installments due after rendering of the accounting. The Board of Directors shall buildup and maintain a reasonable reserve for contingencies, replacements and extraordinary expenditures not originally included in the annual budget which may become necessary during the year, shall be charged first against such reserve. If the annual budget proves inadequate for any reason, including nonpayment of any Owner's regulazorspecial assessment, the Board ofI)irectors mayat any time levya further assessment, which shall be assessed to the Unit Owners according to each Unit Owner's percentage of ownership in the General Common Elements. The Board of Directors or Managing Agent shall serve notice of such further assessment on all Unit Owners by a statement in writing giving the amount and reasons therefor, and such further assessment shall become effective with the next quarterly payment which is due not more than ten (10) days after the delivery or mailing of such notice of further assessment. All Unit Owners shall be obligated to pay the adjusted quarterly amount. (d) The failure of the Board of Directors to prepaze or serve the annual or adjusted budget on the Owners shall not constitute a waiver or release in any tmanner of the Owner's obligation to pay the maintenance and other costs and necessary reserves, as herein. provided, whenever the same shall be determined, and in the absence of any annual budget or adjusted budget, ffie Owners shall continue to pay the quarterly assessment charges at the then existing quarterly rate established for the previous period until the next quarterly assessment payment which is due no more than ten (10) days after such new annual or adjusted budget shall have been mailed or delivered. The Board ofDirectors or the Managing Agent acting for and on behal£of We Board ofDirectors shall deliver copies of the budget, and accurate books and records of receipt, expenditures, assets, and liabilities of the Association, and the obligations of each and all Owners thereto, and the same shall be open for inspection by any Owner or any representative of an Owner duly authorized in writing, at such reasonable time or times during normal business hours as may be requested by any Owner. All funds collected hereunder shall be held and expended solely for the purposes designated herein, and except for such special assessments as may be levied hereunder against less than all the Unit Owners and for such adjustments as maybe required to reflect delinquent or prepaid assessments, shall be decided to be held in bust for the benefit, use and account ofall the Owners in the percentages set forth in Exhibit A, or as such percentages maybe modified as provided hereunder. (e) Until such time as the Board of Directors shall have provided its first annual budget to the Owners, or for such odrer period as the Board of Directors determine, the Board of Directors Page 16 of 26 r L..ar' 7oV~VEOS Mtn DEondoA~umON II!IIIIIIIiIIIINIIaIINIIIIIIIIIIipIIIIII~IIINIIII 4036 08a0ta3sP shall have the right to assess the common expenditures, as hereinabove provided, on a quarterly basis and all Owners shall pay such quarterly assessments as advised by the Board or Managing Agent. (f) The following expenses or charges incurred by the Board of Directors or by an individual Unit Owner, shall be specially assessed to the individual Owner to which such expense or chazge is applicable, in addition to any other costs, charges or expenses which bylaw or the terms of this Declaration are payable by an individual Owner: (i) The amount by which any premium for insurance maintained by the Board of Directors or Unit Owners is increased as a result ofany business or other activity or act of such Owner, or ofany quest, invitee, licensee or tenant of such Owner, orthe amount of any premium on new insurance which is purchased by the Board of Directors solely as a result of any business or other activity or act of such Owner, or ofany guest, invitee, licensee or tenant of such Owner. The written statement of the insurance carrier to the effect that a specific increase is attributable to such business or other activity shall be conclusive as to such increase and the amount thereof. If such increased premium or new insurance premium is necessitated by the usual and customary business activity carried on in accordance with the terms of this Declaration in any commercial or professional Unit, then upon the payment of such amount by the Owner of such commercial or professional Unit, such Owner shall not be deemed in violation of the terms or provisions of this declaration. (ii) The monthly or other fee or compensation and any other cost or sum which the Board of Directors or Association is obligated to pay to the Managing Agent with respect to a Unit under the terms of any agreement with such Managing Agent. (g) In addition to the remedies or liens provided by law, or by this Declaration, if an Owner is in default in the quarterly payment of any aforesaid charge or assessment for twenty (20) days, the board of Directors may bring suit for and on behalf of the Association and as representative of all Owners, to enforce collection thereof or to foreclose the lien therefor as provided by law or by this Declaration; and there shall be added to the amount due the collection costs ofthe suit, including all court costs, together with interest at the rate of eighteen percent (18%) per annum from the date due, plus a late charge of Fifty Dollars ($50.00) and reasonable attorney's fees. No Ownermay waive or otherwise escape liability forthe assessments orotherchargesprovided forherebybynon-use ofthe General Common Elements orany portion thereofor abandonment of that Owner's Unit. (h) Assessments or other charges assessed against a Unit shall be the personal and individual debt of the Owner or Owners thereof and such Owners shall be jointly and severally liable therefor. Page 17 of 26 ~` V f'\ CONDOMINIUM DECLARATION lilllll'1IIIVIIIIPI~II~IIIIIIIIIIIIIIIIII~llulllli+l~l ie~an 082®03635P 715 WEST MAIN (a condominium) 19. Lien for Norroavment of Common Exoenses and Other Obli ations. The Declarant makes the following provisions regarding liens for the nonpayment of common expenses and other obligations. (a) All sums assessed but unpaid, for the share of common expenses chargeable to any Unit and all sums specially assessed hereunder to any Unit, but unpaid, and any and all other sutras due to the Association and unpaid by a Unit Owner under the tent of this Declaration, shall constitute a lien on such Unit superior to all other liens and encumbrances, except only for. (1) Tax and special assessment liens on the Unit in favor of any lawfitl governmental assessing authority, and, (2) All sums unpaid on any first mortgage or first deed of trust of record in Pitkin County, Colorado, including all unpaid obligatory advances to be made pursuant to such encumbrances. All other or junior lienors acquiring liens on any Unit after this Declaration has been rewrded in the records of Pitkin County, Colorado, shall be deemed to consent that such liens shall be inferior to future liens for assessments, as provided herein, whether or not such consent be specifically set forth in the instruments creating such liens. (b) To evidence such lien, the Board of Directors or Managing Agent shall prepare a written notice setting forth the amount of such unpaid indebtedness, the general nature of the indebtedness, the name of the Owner of the Unit and a description of the Unit. Such a notice shall be signed by a member of the Board of Directors or by the Managing Agent and shall be recorded in the real property records in the office of the Clerk and Recorder of Pitkin County, Colorado. Such lien shall attach from the date of the failure of payment. Such lien may be enforced by foreclosure of the defaulting Owner's Unit by the Association in like manner as a mortgage or deed of trnst on real property upon the recording ofa notice or claim thereof; in any such foreclosure proceedings, the (Tuner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or of lien and all reasonable attorney's fees. The Owner shall also be required to pay to the Association the quarterly assessments for the Condominium Unit during the period of foreclosure, and the Association shall be entitled to a receiver to collect the same. The Association shall have the power to participate as a bidder at such foreclosure or other legal sale to acquire and hold, lease, mortgage, and convey the same, or otherwise deal therewith. (c) Any encumbrancer holding a lien on a Unit may pay, but shall not be required to pay, any unpaid common expenses or other assessments or charges payable with respect to such Unit, and upon such payment such encumbrancer shall have a lien on such Unit for the amounts paid of the same rank as the lien which that encumbrancer would have had but for such Association lien for unpaid common expenses and assessments. (d) All sums assessed for common expenses which remain unpaid for thirty (30) days from and after the due date thereof shall beaz interest at the rate of eighteen peroent (18%) per annum from and after such due date. Page 18 of 26 ..-. -~ CONDOMINIUM DECLARATION IIIIIIIVIIIIIhIIVIII~IIIVIIIIIIIIIIIRIINlIII13I a® ote60 ~razeasv 715 WEST MAIN (a condomimum) 20. Liabili(y for Common Expense and Other Charees Unon Transfer ofa Unit is Joint and Several. Upon payment of a reasonable fee pot to exceed Twenty Five Dollars ($25.00) and upon the written request of any Owner or any encumbrancer or prospective Owner or encumbrancer of a Unit, the Association, by its Managing Agent or if there is none, then by the financial officer of the Association, shall issue a written statement setting forth the amount of the unpaid special assessments and common expenses, and othercharges due hereunder, subject on it, if any, with respect to the amount of the current quarterly assessment and the date that such assessment becomes due, and credit for any advance payments of an assessment, which statement shall be conclusive upon the Association in favor of all persons who rely thereon in good faith. Unless such request for a statement of indebtedness shall be complied with within ten (10) days after receipt thereof, all unpaid common expenses and other charges due hereunder which become due prior to the date of making such request shall be subordinate to the lien, if any, of the person or entity requesting such statement. The gnmtee of a Unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for that Unit's proportionate share of the common expenses and for the special assessments and other charges due hereunder up to the time of the grant or conveyance without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor provided. However, that upon payment ofa reasonable fee, not to exceed Twenty-Five Dollars ($25.00), and upon written request, any such prospective grantee shall be entitled to a statement from the Managing Agent or, if there is none, then by the financial officer of the Association setting forth the amount of the unpaid quarterly and special assessments, and any other charges due hereunder, if any, with respect to the subject Unit, the amount of the current quarterly assessment, the date that such assessment becomes due, and credits for any advanced payments, which statement shall be conclusive upon the Association. Unless such request for such a statement shall be compiled with within ten (10) days after receipt of such request, then such requesting grantee shall not be liable for, nor shall the Unit conveyed be subject to a lien for any unpaid assessments or other charges due hereunder against the subjectUnit,butnothinghereinshallservetorelievethegrantorofpersonalresponsibilitytherefor. The provisions contained in this paragraph shall not apply to the initial sales and conveyances of the Units by Declarant, and such sales shall be free from any liens for common or special assessments to the date of conveyance thereof by Declarant. 21. Mortgg¢in¢ a Condominium Unit - Prioriri. Any Owner shall have the right from time to time to mortgage or encumber that Owner's interest by deed of trust, mortgage or other security instrument. A first mortgage or deed of trust shall be one which has first and paramount priority under applicable law. The Owner of a Unit may create junior encumbrances on the following conditions: (a) that any such junior encumbrance shall always be subordinate to all ofthe teens, conditions, covenants, restrictions, uses, limitations,. obligations, liens for common expenses, and other obligations created by this Declaration ,the Articles of Incorporation, and the By-Laws of the Association; (b) that the mortgagee under any junior mortgage shall release, for the purpose of restoration of any improvements upon the mortgaged premises, all of that mortgagee's right, title, and Page 19 of 26 r +.: CONDOMINIUM DECLARATION Paga: 20 of 2a IhIIIINIIIIIIINIIIIIINIIUIllll11111111111111111110' 8608 or aeP 715 WEST MAIN (a condominium) o e.eq interest in and to the proceeds under all insurance policies upon the premises, which Insunmce policies were effectedandplaceduponthemortgagedpremisesbytheAssociation. Suchrelease shall be furnished forthwith by a junior Mortgagee upon written request of one or more ofthe members of the Board of Directors ofthe Association. 22. Association as Attomey-in-fact, Damage, Construction. Obsolescence and Sale. This Declarationdoes herebymakemandatorytheirrevocable appointmentofanattorney-in-fact todeal with the property upon its destruction or obsolescence. Title to any Unit is declared and expressly made subject to the terms and conditions hereof, and acceptance by any grantee ofa deed from the Declarant or from any Owner shall constitute appointment of the attorney-in-fact herein provided. All of the Owners irrevocably constitute and appoint the Association their true and lawful attomey in their name, place, and stead for the purpose of dealing with the property upon its destruction or obsolescence as is hereinafter provided. As attomey-in-fact, the Association, by its president and secretary, shall have full and complete authorization, right, and power to make, execute, and deliver any contract, deed or any other instrument with respect to the interest of an Owner which maybe necessary and appropriate to exercise the powers herein granted. Repair and reconstruction ofthe improvements as used in the succeeding subparagraphs means restoring the same to substantially the same condition in which it existed prior to the damage, with each Unit and the General and Limited Common Elements having substantially the same vertical and horizontal boundaries as before. The term "improvements" means any improvements forming a part ofthe property, or any portion thereof, including any Unit. The proceeds of any insurance collected shall be available to the Association for the purpose of repair, restoration orreplacements unless the Owners and all first mortgagees agree not to rebuild in accordance with the provisions set forth hereinafter. (a) In the event of damage or destruction due to fire or other disastey the insurance proceeds, ifsufficient to reconstructthe improvements, shall be appliedbytheAssociation, as attomey-in- fact, tosuch reconstmction,and the improvements shall be promptly repaired and rewnatmcted. The Association shall have full authority, right, and power, as attomey-in-fact, to cause the repair and restoration ofthe improvements. (b) If the insumnce proceeds are insufficient to repair and reconstruct the improvements, or if for any reason such proceeds are not payable, and if such damage substantially affects not more than fifty percent (50%)ofthe square foot area ofthe building, such damage or destruction shall be promptly repaired and reconstructed by the Association, as attomey-in-tact, using the proceeds of insurance, if any, and the proceeds of an assessment to be made against all of the Owners and their Units. Such deficiency assessment shall be a common expense and made pro rata according to each Owner's percentage interest in the General Common Elements and shall be due and payable within sixty (ti0) days after written notice thereof. The Association shall have full authority, right, and power, asattomey-in-fact, to cause the repair or restoration ofthe improvements using all of the insurance proceeds for such purpose notwithstanding the failure of an Owner to pay the assessment. The assessment provided for herein shall be a debt of each Owner and a lien on each Owner's Unit and maybe enforced and collected as is provided in Paragraph 20. 1 n addition, thereto, the Association, as attomey-in-fact, shall have the absolute Page 20 of 26 ~. -. ONDOMINM IN DEcond m~mlumON I IIIIII VIII IIIIII III VIII VIII HIIII II~ I~IIII lI IIII of a60082f 0163SP SIUVIN DRVIS PITKIN COUNTY CO R 131.00 D 0.00 right and power to sell the Uait of any Owner refusing or failing to pay such deficiency assessment within the time provided, and ifnot so paid, the Association by and through its Board of Directors shall cause to be recorded a written statement that the Unit of the delinquent Owner shall be sold by the Association. The proceeds derived fiom the sale of such Unit shall be used and disbursed by the Association, as attomey-in-fact, in the following order: (1) For payment of taxes and special assessments liens in favor of any assessing entity and customary expenses of sale; (2) For payment of the balance of the lien of any first mortgage; (3) For payment of unpaid charges including attorney's fees and costs of collection due hereunder and common expenses, including all sums due under the terms of this Paragraph 22. (4) For payment of junior liens and encumbrances in the order of and to the extent of their priority; and, (5) The balance remaining, if any, shall be paid to the Unit Owner whose Unit is sold. (c) If more than fifty percent (50%) of the square foot area of the building is destroyed or substantially damaged, and if the Owners representing an aggregate Ownership interest of seventy-five percent (75%), or more, ofthe General Common Elements, do not voluntarily, within one hundred and eighty days (180) thereafter, make provisions for reconstruction in accordance with a writtenplan,whichplanmusthave the unanimouswrittea approval orconsent of every first mortgagee, the Association shall forthwith record a notice setting forth such fact or facts, and upon the recording of such notice by the Association's president and secretary, the entire remaining premises shall be sold by the Association, as attorney-in-fact for all ofthe Owners, free and clear of the provisions contained in this Declaration, the Condominium Map, the Certificate of Incorporation, and the By-Laws. The insurance settlement proceeds, if any, shall be collected by the Association, and such proceeds shall be divided by the Association according to each Owner's percentage interest in the General Common elements, and such divided proceeds shall be paid into separate accounts, each such account representing one ofthe Units. Each such account shall be in the name ofthe Association, and shall be further identified by the Unit designation and the name of the Owner. Thereafter, each such amount shall be supplemented by the apportioned amount ofthe proceeds derived from the sale ofthe entire property. Such apportionment shall be based upon each Unit Owner's percentage interest in the General Common Elements. From each separate account, the Association, asattomey-in-fact, shall forthwith use and Disburse the total amount ofeach) ofsuchaccounts, withoutcontribution from one account to another, for the same purposes and in the same order as is provided in subparagraphs (b) (1) through (5) of this paragraph. The provisions contained in this subparagraph shall not hinder the protection given to the first mortgagee or first deed of trust holder under a mortgage or deed of trust endorsement. Page 21 of 26 .~ -~ N ~~~ INI N V{ 473618 75NWEST~MAIN (a wndominiuml)`II,IIIII~QI~IIIIIIT~II~II~HII~~IIIIII~Ifllll~l~11 00~ta/D2e000%35P (d) If the Owners representing an aggregate ownership interest ofseventy-five percent (75%), or more, of the General Common Elements adopt a written plan for reconstruction, then all of the Ownen, shall be bound by the terms and other provisions of such plan. Any assessment made in connection with such plan shall be a common expense and shall be made pro rata according to each Owner's percentage interest in the General Common Elements and shall be due and payable as provided by the terms of such plan, but not sooner than sixty (60) days after written demand thereof. The Association shall have full authority, right, and power, asattorney- in-fact, to cause the repair and restoration of the improvements using all of the insurance proceeds, ifany, for such purpose notwithstandingthe failure ofan Ownerto paythe assessment. The assessment provided for herein shall be a debt of each Owner and a lien on that Owner's Unit and may be enforced and collected as is provided in paragraph 20 above. In addition thereto, the Association, as attorney-in-fact, shall have the absolute right and power to sell the Unit of any Owner refusing or failing to pay such assessment within the time provided, and if not so paid, the Association shall cause to be recorded a notice that the Unit of the delinquent Owner shall be sold by the Association. The proceeds derived from the sale of such Unit shall be used and disbursed by the Association, as attorney-in-fact, for the same purposes and in the same order as is provided in subparagraphs (b) (t) through (5) of this paragraph 22. 23. Acquisition of Pronertv for Common Use. The Association may acquire and hold for the use and benefit of all of the Owners, real, tangible and intangible personal property and may dispose of the same by sale or otherwise, and the beneficial interest in any such property shall be owned by the Owners in the same proportion as their respective interests in the General Common Elements and shall not be transferable except with a hansfer of a Unit. A transfer of a Unit shall transfer to the transferee ownership of the transferor's beneficial interest in such property without any reference thereto. Each Owner may use such property in accordance with the purpose for which it is intended, without hindering or encroaching upon the lawful rights of the other Owners. The transfer of title to a Unit under foreclosure shat) entitle the successor in title to the beneficial interest in such property associated with the foreclosed Unit. 24. Reirjstration by Owner of Mailing Address. The Owner shall register that Owner's mailing address with the Association, and except for budget statements and other routine notices, all other notices or demands intended to be served upon an Owner shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. All notices, demands or other writings intended to be served upon the Board of Directors of the Association or the Association or the Managing Agent shall be sent by certified mail, postage prepaid, return receipt requested, to 715 W. Main, I.I.C, 715 West Main Street, Suite lOl, Aspen, Colorado 81611, until such address is changed by a notice of address change duly recorded in the office of the Clerk and Recorder, Pitkin County, Colorado and mailed to each Owner. All notices, demands or other instruments intended to be served upon the Declarant shall be sent to it in the same manner addressed to 715 W. Main, I.LC, at 715 West Main Street, Suite 101, Aspen, Colorado 81611, until such address is changed by recorded notice. All notices so mailed shall be deemed to be given and received when deposited in the United States mails as aforesaid. Page 22 of 26 I ~., /"~ w 7 ONWES MNAIN DEcondLARA~ION I VIII)VIII IIIIII I~ItI VIII hill IIIIII III I~IIII II IIII 0 ai as 080 ieasv 25. Peri ershi . The separate condominium estates created by this Declaration and the Condominium Map shall continue until this Declaration is revoked in the roamer as is provided in Paragraph 26 of this Declaration or until terminated in the manner and as is provided in this Declaration or by Colorado law. 26. Revocation. This Declaration shall not be revoked unless all of the Owners and all ofthe holders of all recorded mortgages and deeds of trust covering or affecting all of the Units unanimously consent or agree in writing to such revocation by instrument and duly recorded. 27. Compliance with Provisions of Declaration. Articles of Incorporation. and By-Laws ofthe Association. Each Owner shall comply strictly with the provisions of this Declaration, the Articles of Incorporation and the By-Laws of the Association; and, the reasonable Rules and Regulations of the Association, all as the same may be lawfully amended from time to time. (a) The violation of any restriction or condition or regulation adopted by the Board of Directors or the breach of any covenant or provision herein contained, shall give the Board of Directors, in the name of the Association on behalf of the Owners, the right, in addition to any other rights provided for in this Declaration, to enter upon the Unit, or any portion of the property upon which, or as to which, such violation or breach exists and to summarily abate and remove, at the expense of the defaulting Owner, any structure, thing or condition that may exist thereon contrary to the intent and meaning of the provisions hereof, and the Board, or its employees or agents, shall not thereby be deemed guilty in any manner of trespass; 4I to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any breach; ~ to recover sums due for damages. Such remedies shall be cumulative and not exclusive of one another and shall be in addition to any other remedies available to the Board of Directors by law. (b) Furthermore, if any Owner, either by that Owner's own conduct or by the conduct of any other occupant of that Owner's Unit, violates any of the terms, conditions, covenants, and obligations of this Declaration or the regulations adopted by the Board of Directors and such violation is not cured within thirty (30) days after notice in writing from the Board of Directors or reoccurs more than once thereafter, then the Board of Directors shall have tha power to issue to the defaulting Unit Owner a ten (10) day notice in writing to terminate the right of the defaulting Owner to continue as an Owner and to continue to occupy, use or wntrol his Unit and thereupon an action in equity may be filed by the Board of Directors against the Owner or occupants or both, or in the alternative a decree declaring the termination of the defaulting Owner on account of the breach of covenant and ordering that all the right, title, and interest of the Owner in the property be sold, subject to the lien of any existing mortgage, at a judicial sale upon such notice and terms as the court shall establish, except that the court shall enjoin and restrain the defaulting Owner tinm re-acquiring the defaulting Owner's interest or any part thereof at such judicial sale or by virtue of the exercise of any right of redemption which may be established. The proceeds of any such judicial sale shall first be paid to discharge court costs, court reporter charges, reasonable attorney's fees, and al! other expenses of the proceeding and Page 23 of 26 CONDOMINIUM DECLARATION IIIIIIIIhl IIIIII VIII VIII VIII~III IIIIIIIIIIIIIIII ~ .36E PO 2635V 715 WEST MAIN (a eondomimnm) IIN sale and all such items shall be taxed against the defaulting Owner in the decree. Any balance of proceeds after satisfaction of such charges shall be applied and paid in the same order as is provided in subparagraphs (b)(1) through (5) of paragraph 24. Upon the wnfirmation of such sale, the purchaser thereof shall thereupon be entitled to a deed to the Unit and, subject to the rights of the Board ofDirectots as provided herein, to immediate possession ofthe Unit sold and may apply to the court for an appropriate writ of assistance for the purpose of acquiring such possession and it shall be a condition of any such sale and the decree shall so provide that the pumhaser shall take the interest in the property sold subject to the terms, conditions, and obligations of this Declaration, including obligations then accrued and unpaid, if any. 28. Failure to Enforce. No terms, obligations, covenants, conditions, restrictions or provisions imposed hereby or contained herein shall be abrogated or waived by any failure to enforoe the same, no matter how many violations or breaches thereof may occur. 29. Amendments. This Declaration may be amended, changed or modified by an instrtrment in writing setting forth such amendment, change or modification, signed and acknowledged by all ofthe members of the Board of Directors and at least seveaty-five percent (75%) of the Owrters. Any amendment, change or modification shall be effective upon recordation thereof. No change, modification or amendment which affects the rights, privileges or obligations of the Declarants shall be effective without their written consent. No change, modification or amendment which is in derogation of wnditions imposed upon the improvement, use and occupancy of the condominium project by the City ofAspen shall be made without the consent of the city or governmental authority successor thereto with jurisdiction thereover. 30: fieneral. The Declarant adopts the followingprovisions regarding general matters. (a) If any ofthe provisions of this Declaration or any paragraph, sentence, clause, phrase, or word, or the application thereof in any circumstance be invalidated, such invalidity shall not affect the validityofthe remainder ofthis Declaration, andthe application ofanysuchprovision, paragraph, sentence, clause, phrase or word in any other circumstances shall not be affected thereby. All ofthe terms hereof are hereby declared to be severable. (b) The provisions of this Declaration shall be in addition and supplemental to the Condominium Ownership Act of the State of Colorado and to all other provisions of law. (c) Whenever used herein, unless the context shall otherwiseprovide, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. (d) The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform and equitable plan for the development and operation of a first-class professional office condominium project. Page 24 of 26 CONDOMINIUM DECLARATION 715 WEST MAIN (a condominium) IIIIIIIIIIIIIIIIIIIINIIIIINIIIIIIINIIIIIIIINIIIIII ®~3/~p0B82f0183SP SILVIA DAMS PITKIN COUNTY 00 R 131.08 D 8.00 IN WITNESS WHEREOF, the Decl~~nnt, 715 W. Main, LLP, by its two undersigned members, has duly executed this Declaration this ~~ay of October 2002. County of Pitkin ) ) 8S State of Colorado ) ~.ti Wayne arris, Jr. /! J e K. Daggs The foregoingCondorniniamDeclarationfor715 WestMain, a condominium, was dulyexecuted and acknowledged before me this ~~ day of October 2002 by James K. Daggs and Wayne S Harris, Jr., as all of the members of 715 W. Main, LLC., a Colorado limited liability company Witness my hand and official Seal. My commission expires: ~6-~~ -,,'~'I fy Page 25 of 26 ~. 7 O WES IMA N DEondoAm12ilA~ION I VIII VIII NII~ IIIN (III VIII IIIIIIII IIIIII) II IIII 4936ee8 ei63sa SI LVIR °i1V I5 CITNIN COUNTY C° R 131.00 D 0.00 EXHIBIT A (Attached to Condominium Declaration for 71$ West Main) The undivided interest in the General Common Elements appurtenant to Units in the 71$ West Main (a condominium) are as follows: Unit Number Square Feet Percen ge of Proiec t Cost Share 101 7$8 11.21% 11.$1% 102 3$3 $.22% 2.68% 103 $42 8.02% 8.23% 104 6$1 9.63% 9.89% 10$ 347 $.13% $.27% 201 804 11.89% 12.21% 202 400 $.92% 6.07% 203 290 4.29% 4.40% 204 402 $.9$% 6.11% 20$ 303 4.48% 4.60% 206 2$0 3.70% 3.80% 301 267 3.9$% 4.0$% 302 247 3.6$% 3.7$% 303.. 341 $.04% $.18% 304 213 3.1$% 3.23% 305 $93 8.77% 9.01% 6,761 100.00% 100.00% Page 26 of 26 m THE CITY OF ASPEN Land Use Application Determination of Completeness Date: May 3, 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 0020.2008.ASLU (Condo Plat Amendments - 715 W. Main .The planner assigned to this case is Errin 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: f 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. Thank You, ~,'ln~~ Jennifer P ,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 L Errin Evans From: Tom Bracewell [tom@aspensan.com] Sent: Tuesday, May 06, 2008 8:10 AM To: Errin Evans Subject: Re: 715 W. Main Street Insubstantial Amendment ACSD doesn't have any issues with this. Thanks, Errin. ----- Original Message ----- From: Errin Evans To: Development Review Committee Sent: Monday, May O5, 2008 12:08 PM Subject: 715 W. Main Street Insubstantial Amendment The applicant is proposing to amend the condominium plat to show the changes made to an interior wall. There is an increase of 66 square feet of net leasable space. Please let me know if you have any questions or concerns regarding this application. A DRC meeting will not be scheduled. Errin Evans Current Planner Community Development City of Aspen 130 S Galena Street Aspen, Colorado 81611 Phone: 970-429-2745 Fax: 970-920-5439 r~~ a., ~. ~~. r^ Errin Evans From: Tricia Aragon Sent: Monday, May 05, 2008 2:42 PM To: Errin Evans Subject: RE: 715 W. Main Street Insubstantial Amendment No comment Trish Aragon, P.E City Engineer City of Aspen 130 S. Galena Aspen, CO 81611 Phone: (970)429-2785 Fax: (970)920-5081 From: Errin Evans Sent: Monday, May O5, 2008 12:08 PM To: Development_Review_Committee Subject: 715 W. Main Street Insubstantial Amendment The applicant is proposing to amend the condominium plat to show the changes made to an interior wall. There is an increase of 66 square feet of net leasable space. Please let me know if you have any questions or concerns regarding this application. A DRC meeting will not be scheduled. Errin Evans Current Planner Community Development City of Aspen 130 S Galena Street Aspen, Colorado 81611 Phone: 970-429-2745 Fax:970-920-5439 '6a Crrr c~ A•sn www.aspenpitkin.com Errin Evans From: Todd Grange Sent: Monday, May 05, 2008 2:26 PM To: Errin Evans Subject: RE: 715 W. Main Street Insubstantial Amendment Hi Errin, I just wanted to ask you about fees. I would also like to see the architectural drawings to understand the floor plan in a more comprehensive way. 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.aspenoitkin.com From: Errin Evans Sent: Monday, May OS, 2008 12:08 PM To: Development_Review_Committee Subject: 715 W. Main Street Insubstantial Amendment The applicant is proposing to amend the condominium plat to show the changes made to an interior wall. There is an increase of 66 square feet of net leasable space. Please let me know if you have any questions or concerns regarding this application. A DRC meeting will not be scheduled. Errin Evans Current Planner Community Development City of Aspen 130 S Galena Street Aspen, Colorado 81611 Phone:970-429-2745 Fax: 970-920-5439 Teo Gn ~~ Av6~ www.asoenpitkin.com Errin Evans To: Cindy Christensen Subject: RE: 715 W. Main Street Insubstantial Amendment Hello Cindy: I looked into the increase in net leasable space. It turns out- it is a stairwell and is not considered net leasable. Thanks for your comments. Errin From: Cindy Christensen Sent: Monday, May 05, 2008 1:00 PM To: Errin Evans Subject: RE: 715 W. Main Street Insubstantial Amendment Wouldn't this kick in a housing mitigation fee? From: Errin Evans Sent: Monday, May O5, 2008 12:08 PM To: Development_Review_Committee Subject: 715 W. Main Street Insubstantial Amendment The applicant is proposing to amend the condominium plat to show the changes made to an interior wall. There is an increase of 66 square feet of net leasable space. Please let me know if you have any questions or concerns regarding this application. A DRC meeting will not be scheduled. Errin Evans Current Planner Community Development City of Aspen 130 5 Galena Street Aspen, Colorado 81611 Phone: 970-429-2745 Fax:970-920-5439 t~ can ~..a~~ www.asoenoitkin.com 1 sA, 4..~ ,~ Errin Evans From: Larry Doble Sent: Monday, May 05, 2008 12:18 PM To: Errin Evans Subject: RE: 715 W. Main Street Insubstantial Amendment Attachments: image001.jpg Erin, I don't think we have any issues. LA From: Errin Evans Sent: Monday, May 05, 2008 12:08 PM To: Development_Review_Committee Subject: 715 W. Main Street Insubstantial Amendment The applicant is proposing to amend the condominium plat to show the changes made to an interior wall. There is an increase of 66 square feet of net leasable space. Please let me know if you have any questions or concerns regarding this application. A DRC meeting will not be scheduled. Errin Evans Current Planner Community Development City of Aspen 130 5 Galena Street Aspen, Colorado 81611 Phone: 970-429-2745 Fax:970-920-5439 n~ c;n ~..a~. www.asgengitkin.com 1