HomeMy WebLinkAboutLand Use Case.1395 Snowbunny Ln.0066.2007.ASLUTHE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECTS ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0066.2007.ASLU
2735 01 3 12 003
1395 SNOWBUNNY LANE
JENNIFER PHELAN
SUBDIVISION EXEMPTION
MICHAEL HOFFMAN
11 /22/2007
CLOSED BY Angela Scorey on 06/10/2009
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Description
SUBDIVISION EXEMPTION _-
Issued ~_J
Final
Submitted MICHAEL HOFFMAN 5443442 Clock Running Days ~ Expires 1IJ03r2008 J
Owner
Last Name SCHLIEF ~ Fiisl Name GERALD 5773 WOODWAY DR
Phone 800
(HOUSTON TX 77057
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LastName SCHLIEF J Fxsl Name rGERALD 5773 WOODWAY DR
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X27992 J 800
HOUSTON TX 77057
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LAW OFFICE OF
E. MICHAEL HOFFMAN, P.c.
106 SOUTH MILL STREET
SUITE 202
ASPEN, COLORADO 8161 1
FACSIMILE E-MAIL TELEPHONE
(970) 920-1019 MhofrmanQemhlaw•aspen.com (970) 544-3442
November 8, 2007
Chris Bendon
Cormunity Development Director
City of Aspen Community Development
130 S. Galena Street
Aspen, CO 81611
Re: Application packet from Gerald Schlief for condominiumization of duplex located at
1395/1397 Snowbunny Lane, Aspen, Colorado 81611
Deaz Chris:
Enclosed please find a Land Use Application packet for condominiumization of 1397
Snowbunny Lane, Aspen, Colorado. The following aze the documents included:
Two Copies of:
1. Attachment 2, Land Use Application
2. Attachment 3, Dimentional Requirements Form
3. Authorization Letter from Gerald Schlief authorizing E. Michael Hoffman to submit and
process the Application for Condominiumization
4. Check in the amount of $705.00 made out to the City of Aspen as deposit
5. Executed letter by Richazd Schwartz to City of Aspen Community Development
Department Agreement for Payment of City of Aspen Development Application Fees
6. Mortgagee Consent- Does NOT apply as there is no mortgage
7. Condominium Declazation
8. Condominium Subdivision Plat of 1397 Snowbunny Lane.
Very truly yours,
E. MICHAEL HOFFMAN, P.C
By:
E. Michael Hof
~..
ATTACHMENT 2 -LAND USE APPLICATION
APPLICANT:
Name: Gerald Schlief
Location: Lot 1, Block 1, Snowbunny Subdivision, according to thePlat recorde
Indicate street address, lot & block number, le al descri lion where a ro riate
PazcelID# RE UIRED Ma 2, 1957 in Plat Book 2A, Page 229, a so nown as
Snowbunny Lane, Aspen, CO 81611
REPRESENTATIVE:
Name: ~, nn' t, t Hoff a , Fcrt
Address: 106 S. Mill Street, Ste. 202, Aspen, CO 81611
Phone#: (970) 544-3442
Name: Condominiumization of 1395/1397 Snowbunny Lane
Address: 1395/1397 Snowbunny Lane, Adpen, CO 81611
Phone#: (970) 544-3442
TvPE ot: APPLICATION: (please check all that apply):
^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt.
^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development
^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt.
^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition
^ GMQS Exemption ^ Subdivision ^ Historic Designation
^ ESA - 8040 Greenline, Stream ® Subdivision Exemption (includes ^ Small Lodge Conversion/
Mazgin, Hallam Lake Bluff, Condominiumization) Expansion
Mountain View Plane
^ Lot Split ^ Temporary Use ^ Other:
^ Lot Line Ad'ustment Text/Ma Amendment
EXISTING CONDITIONS' (description of existing buildings uses previous approvals, etc.)
]~tz•a ~ t~•~g +~ t rfarl nn 1nt_ Tt ;~ Of new construction
PROPOSAL' (description of proposed buildings uses modifications, etc.)
The only approval sought is for Condominiumization pursuant to Section
2
Have you attached the followingY FEES DUE: $
^ Pre-Application Conference Summary
® Attachment #1, Signed Fee Agreement
^ Response to Attachment #3, Dimensional Requirements Form
^ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standazds
All plans that are larger than 8.5" z 11" must be folded and a floppy disk with an electronic copy of all written
tent (Microsoft Word Format) must be submitted as part of the application.
7
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Oct.19. 200111:24AM ~,,
ATTACHMENTS
DIMENSIONAL REQUIREMENTS FORM
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No. 1440 P. 2
Project: Lot 1 , Blk 1 , Snowbunny Subdiv; 1395/1397 Snowbunny Lane
Applicant: Gerald Schlief
Location: ~Z°„~,~,~?~g~ ~^^`abunn~Z~+dTl~ Acnan_ CO 81611
Zone District:
Lot Size:
I,ot Arse:
(for the purposes of calculating Floor Are4 Lot Area may be reduced for arras
within the high water mark, easements, and stcep slopes. Please refer to the
definition of Lot Area is the Municipal Cade.)
Comtneroial net leasable: ExisNng:~_Proposed.• ~ ~
Nambear of residential units: Existing: Proposed.•
Number of bedrooms: Extst-ng: Proposed'
Proposed % of demolition (Historic properties only):~_
DIMENSIONS:
Floor Area:
Principal bldg. height:
Accoas, bldg. height:
On-5ita parking:
Site coverage:
Open Space:
.Existing: riZg'1. Allowable:~~~( Proposed:,,
Existing:~llowable: ZS' Proposed:
Exrsttng;,~7`+~k Adlowable:_,_,~_Propossd.' 1.1~
Fxlsttng:~~Rtquired: Proposed:
,Exsting: 2$•q+Ared: Proposed:
Existing: ~4.?~eReguired-• Praposed.•
FroatSetbaelc: Existing: Required: ZS' Proposed:
Rear Setback: Exisfing.• Required: !p' Proposed.•
CombinedktR: Existing: •Rsqutred:~3S, Proposed:
Side Setback: Fa:-sting: Required:~_,,,,Proposed:
Side Setback: Existing: Requited: 1d~ Proposed:
Combined Sides: Existing: ,({equired•~~_Proposed:
Distance Between Existing ~ RequG'ed.• Proposed:-
Bulldings
Existing non-oonforrnities or encroachments:
Variations requested:
Received Time Ocf. 19. 2001 9:40AM No. 1432
.-, . .
Gerald W. 5chlief
5773 Woodway Drive, Suite 800
Houston, TX 77057
October 31, 2007
City of Aspen Community Development Department
106 S. Mill Street, Suite 202
Aspen, Colorado 81611
Ladies and Gentlemen:
I hereby authorize E. Michael Hoffrnan, P.C. to submit and process on our behalf an Application for
Condominiuttuzation for my property described as Lot 1, Block 1, Snowbunny Subdivision,
according to the Plat thereof recorded May 2, 1957 in Plat Book 2A at Page 229, County of Pitkin,
State of Colorado ("the Property"), commonly known as 1395/1397 Snowbunny Lane, Aspen,
Colorado.
The names and relevant contacts are as follows:
E. Michael Hoffman, P.C.
E. Michael Hoffman
106 South Mill Street, Suite 202
Aspen, Colorado 81611
(970) 544-3442
Thank you for your consideration in this Application. If you have any questions or require any
additional information, please do not hesitate to contact me.
Very truly yours,
Gerald W. Schlief C
r~ . .
\.s a,r
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
~ ---- ~t for Pavmant of Clty of Aspen Develoument AodluHon Fees
CITY OP ASPEN(hereiaafterClTY)and Gerald Schlief
(heroinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT hoc mbmitted to CITY
1395/1397 Snowbunny Lane,
condominiumization of the
81611
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000)
establishes a fee strucnne for Land Use applicatiws and the payment of all processing foes is a condition precedent
to a detennioation of application completeness.
3. APPLICANT and CITY agree that because of the siu, nature or scope of the proposed project, it
is not poaible a< this time to ascenain iha full extent of the wets involved in processing the apptleetion.
APPLICANT end CITY further ague that it is is the Interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional vests to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs Wray accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon noti5cetion by the
QTY when they aro nerseasaty as costa are incurred. CITY agrees it will be benefited through the greater certainty
of mwvering its full wets to process APPLICANT'S application.
4. CITY and APPLICANT Nrther agreo that it is impracticable for QTY staff to wmplde
processing or proaent sufficient information to dta Planning Communion and/or City Council 1o enable the Palming
Commiaaion and/or City Council to make legally required Endings for projxt consideration, unless wttent billings
are paid fn full prior W decision.
g Therefore. APPLICANT agroes that in wnsideration of the CITY's waiver of its right to wl-eot
full fees- Prior- to-s-dotm'mination- of- application-wmpleteneas,-AEP.LICANT..sha11_pay..aa initial deposiun_~e.
amount of S which is for! hours of Community Devebpmant staff time, and if actual
recorded costs exceed dte initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review at a rate of S235.00
per planner hour over the initial deposit. Such periodic paymwts shall be made within 30 days of the billing date.
APPLICANT furlhar agrees that failum to pay such accrued vests shall bo grounds for suspension of processing, sad
in no case will building permits be issued until all costs associated with case Amassing have been paid.
CITY OF ASPEN
By:
Cbrh Bandon
Commuuity Devebpment Director
APPLICANT
GRQkt•r1 w. Sespl.l
Date: ~(by ^7r 2ptarf
Bill To INaUing Address and Tdephoae Number:
c/o H.Michael Hoffman, P.C.
106 S. Mill St., Suite 2.02
Aspen, CO 81611
(970) 544-3442
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CONDOMINIUM DECLARATION
OF
SNOWBUNNY DUPLEX CONDOMINIUMS
THIS CONDOMINIUM DECLARATION (as mended from time to time, this "Declaration") is
made this day of , 20P7, by AV ]0 Properties, LLC, a Texas limited
liability company (hereinafter "Declarant").
RECI'T'ALS
A. Declarant is the owner of the following described real estate in the County of Pitkin, State
of Colorado: Lot 1, Block 1, Snowbunny Subdivision, according to the Plat thereof recorded
May 2, 1957 in Plat Book 2A at Page 229,("the Property") and also known as Snowbunny
Duplex Condominiums, Unit A and Unit 8 (the "Condominium Units"), according to the
Common Interest Community Plat thereof,filed for record in Plat Book _at Page_, as
Reception No. of the records of Pitkin County, Colorado (the "Plat"), attached
hereto and incorporated herein (herein after the "Real Estate" or "Common Interest
Community").
B. The above-described property is presently developed with two adjoining multi-level frame
duplex dwellings.
C. Declarant wishes to create a Condominium Common Interest Community in which portions
of the Real Estate are designated for separate ownership and use by the Owners and the
remainder of which is designated for common ownership and use by the Owners.
D. The partition of any interest in the Common Elements of this Condominium Common
Interest Community is prohibited. By becoming part ofthis Condominium Common Interest
Community, any right to maintain a legal partition action with respect to the Common
Elements is forever waived.
E. The intent of the Declarant is to have the Condominium Units administered as separate
single-family homes and properties to the greatest extent possible within the restraints
inherent in condominium ownership as set forth in the Colorado Common Interest
Ownership Act, C.R.S. §§ 38-33.3-101, et seq., and other applicable law.
THEREFORE, Declarant states as follows:
ARTICLE 1
Section 1.01 Submission of Real Estate. Declaz~nt hereby declazes that all of the Real Estate is
hereby made subject to the following easements, restrictions, covenants and conditions, which shall
run with the Real Estate and be binding on all par~ies having any right, title or interest in the Real
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Estate or any part thereof, their heirs, legal representatives, successors and assigns, and shall inure
to the benefit of each Owner thereof. Declazant hereby submits the Real Estate to the provisions of
the Colorado Common Interest Ownership Act, C.R.S. §§ 38-33.3-101, et seq., as the same may be
amended from time to time (hereinafter the "Act"). In the event the Act is repealed, the Act as
existing immediately prior to its repeal shall remain applicable. The Condominium established
herein shall have no horizontal boundaries.
Section 1.02 Defined Terms. Each capitalized term not otherwise defined in this Declaration or
on the Plat and used herein or on the Plat shall have the meaning for it specified in the Act.
Section 1.03 Allocated Interests. "Allocated Interests" shall mean, with respect to each
Condominium Unit, one-half of the undivided interests in the Common Elements and in the
Common Expenses of the Association, which are hereby allocated to such Condominium Unit, and
one vote in the affairs ofthe Association. The Allocated Interests appurtenant to each Condominium
Unit have been established pro rata based on the total number of Condominium Units in the
Condominium.
Section 1.04 Common Elements. "Common Elements" means only (i) only the structural Party
Wall" dividing Condominium Unit A and Condominium Unit B along the Unit division line shown
on the Plat (including any siding or other part ofthe structure which is located on the same plane
as, and contiguous with, the party wall); (ii) that section of the roof of the Condominium Units that
is above the party wall, (iii) that section of the foundation of the Condominium Units that is
directly beneath the party wall, and (iv) all utility service lines which service both Condominium
Units. All of the Common Elements are General Common Elements; there aze no Limited Common
Elements.
Section 1.05 Multiple Owners: All Condominium Unit Owners, by virtue of their ownership of
a fee or undivided fee interest in any Condominium Unit, aze members of the Condominium
Association. Membership is not intended to include Persons who hold an interest merely as security
for the performance of an obligation, but the giving of a security interest shall not terminate the
Owner's membership. No Owner, whether one or more Persons, shall have more than one
membership per Condominium Unit owned.
Section 1.06 Owner. "Owner" means one or more Persons who hold the record title to any
Condominium Unit, but excluding in all cases any party holding a Security Interest merely as
security for the performance of an obligation.
Section 1.07 Par ~WaIL "Party Wall" means the wall separating the two Condominium Units as
shown on the condominium map.
Section 1.08 VOtInE: The Owner or collective Owners of a Condominium Unit shall be entitled
to one vote per with the Condominium Unit. When more than one Person holds an ownership
interest in any Unit, the vote for such Unit shall be exercised as those Owners determine among
themselves, otherwise the Unit's vote shall be suspended if more than one Person seeks to exercise
it. Fractional voting by Co-Owners shall not be permitted.
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ARTICLE 2
NAMES
Section 2.01 Common Interest Community. The name of the Common Interest Community is the
Snowbunny Duplex Condominiums.
Section 2.02 Association. The name of the Association is Snowbunny Duplex Condominium
Association, a Colorado unincorporated nonprofit association, pursuant to C.R.S. §7-30-101, etsea.
ARTICLE 3
THE ASSOCIATION
Section 3.01 Authority. The business affairs ofthe Common Interest Community shall be managed
by the Association.
Section 3.02 Powers. The Association shall have all of the powers, authority, duties, rights and
benefits permitted to an unincorporated nonprofit association pursuant to the Act and other
provisions of Colorado law. Except as otherwise provided in this Declaration, when approval of the
members of the Association is required, the Association may only act upon the unanimous consent
of its Condominium Unit A Owner and its Condominium Unit B Owner, and neither Owner acting
alone shall have the power to act for or bind the Association. However, in the event of any default
by an Owner under this Declaration or under the Act, the non-defaulting Owner shall be authorized
to act alone to exercise any remedy provided to the Association hereunder or under the Act.
Section 3.03 Ownership Groins. The Association shall have two (2) Ownership groups, the
Condominium Unit A Owner, which is attached to Condominium Unit A, and the Condominium
Unit B Owner, which is attached to Condominium Unit B. Membership in the Association shall be
automatic on the part of any individual(s) or entity(ies) acquiring an ownership interest in a
Condominium Unit and shall automatically cease when such individual(s) or entity(ies) no longer
have an ownership interest therein.
Section 3.04 Executive Board. Except as otherwise provided in this Declaration or as required by
the Act, the Association shall act through its Executive Board. The Executive Board will consist
oftwo directors. The Condominium Unit A Owner and the Condominium Unit B Owner shall each
appoint one director. Except as otherwise provided in this Declaration, the Executive Board may
only act by unanimous decision, subject to the terms set forth in Section 3.06 below.
Section 3.05 Notice to Owners. Any notice to an Owner of matters affecting the Common Interest
Community by the Association or by another Owner shall be sufficiently given if such notice is in
writing and is delivered personally, by courier or private service delivery, or on the third business
day after deposit in the U.S. mail, regular first class postage prepaid, at the address of record for real
property tax assessment notices with respect to that Owner's Condominium Unit or such notice
address as otherwise provided in writing by one Owner to the other.
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Section 3.06 De lock.
3.06.01 Definition. "Deadlock" shall mean a written statement that there is a
"Deadlock" by a member of the Executive Board to the other member of the Executive
Board after a formal vote in which a member of the Executive Board votes for or against a
proposition and the other member votes differently or refuses to vote, concerning (i) the
amount and types of insurance, (ii) the company to provide the insurance or the budget
therefor, (iii) the required degree of maintenance ofthe Common Elements, (iv) the manner
in which maintenance of the Common Elements will be accomplished including, without
limitation, the company (if there is to be one) to provide or manage the maintenance, (v) the
budget for maintenance of the Common Elements, or (vi) any other issue which has real
potential to have a material effect on the Association, the Common Elements or on the
Condominium Units or either of them. In all other instances, the failure of the Executive
Board to agree shall mean that no decision is made.
3.06.02 Breaking a Deadlock. In the event of a Deadlock, the Executive Board shall
take another vote on the proposition. If that vote is not unanimous, then a decision that
resolves the issue shall be made by a person (the "Arbitrator") appointed for that purpose by
the members of the Executive Board, if they can agree on the selection of an Arbitrator
within five (5) business days of the vote. If they cannot agree on the Arbitrator, each
member shall select an Arbitrator, and the selected arbitrators shall agree upon a third
Arbitrator to resolve the issue. The cost of the Arbitrator shall be shared equally by the
parties. Each member of the Executive Board shall submit to the Arbitrator a written
proposal to resolve the deadlock within five (5) business days after the appointment of the
Arbitrator. The Arbitrator shall have not less than five (5) years' experience in property
management, shall not be related to an Owner, shall not be in common ownership or control
with the Owner(s) of either the Unit A Owner or the Unit B Owner, and shall not have
business or professional relationships with any Owner. The Arbitrator shall select the entire
proposal submitted by one of the Executive Board members.
3.06.03 Liability in Contract and Tort: Pursuant to Colorado law, the Association is
a legal entity separate from its members for the purposes of determining and enforcing
rights, duties and liabilities in contract and tort. A Member is not liable for a breach of a any
contract by the Association contract merely because the person is a member of the
Association or is a person authorized to manage the affairs of the Association. A Member
is not liable for a tortious act or omission for which the Association is liable merely because
the person is a member of the Association or is a person authorized to manage the affairs of
the Association. A tortious act or omission of a Member or other person for which the
Association is liable is not imputed to a person merely because the person is a Member of
the Association or is a person authorized to manage the affairs of the Association.
ARTICLE 4
CONDOMINIUM UNITS
Section 4.01 NumberofCondominiumUnits.ThenumberofCondominiumUnitsintheCommon
~^ .~.
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Interest Community is two (2). There shall be no more than two (2) Condominium Units in the
Condominium.
Section 4.02 Identification of Condominium Units. The identification number of each
Condominium Unit is as shown on the Plat.
Section 4.03 Unit Boundaries. The boundaries of each Condominium Unit are located as shown
on the Plat. The Common Interest Community has vertical boundaries which extend to the lot line
ofthe Property. The Condominium Units include all land and improvements on its respective side
ofthe Unit division line shown on the Plat in addition to all structural building improvements now
or hereafter existing. The boundary of each Condominium Unit begins at the Party Wall along the
plane defined by the surface of the studs of the Party Wall. In the event of any shifting in the
position of the Party Wall, the actual position of the Party Wall shall be determinative, except in the
case ofthe total destruction ofthe Party Wall, in which case the position ofthe Party Wallas shown
on the Plat shall be determinative, until, if ever the Party Wall is rebuilt.
ARTICLE 5
COVENANT FOR COMMON EXPENSE ASSESSMENTS
Section 5.01 Common Expenses. The only Common Expenses ofthe Association shall be for: (a)
maintenance ofthe Common Elements pursuant to Section 6. 01 below; (b) insurance, pursuant to
Section 6.02 below; and (c) such other Association expenses as are required or authorized in this
Declaration that are not required to be paid by a single Owner.
Section 5.02 Personal Oblieation to Pay Common Expense Assessments. Each Owner, by signing
below or accepting a deed to its Condominium Unit, shall be deemed to covenant and agree to pay
to the Association annual Common Expense assessments, to the extent there are any. Such
assessments shall also include late charges, attorney fees and costs of collection charged by the
Association. All Common Expense assessments shall be the personal obligation ofthe Owner at the
time when the assessment becomes due. No Condominium Unit Owner shall convey any interest
in its Condominium Unit unless and until all sums due the Association and not assumed by the
transferee are currently paid.
Section 5.03 Apportionment of Common Expenses. Common Expenses shall be assessed against
the Units on the basis of their respective Allocated Interests.
Section 5.04 Annual Assessment: Commencement of Common Expense Assessment. The
Common Expense Assessments shall be based upon the Association's advance adoption ofa budget
identifying the cash requirements needed by it to provide insurance and maintenance during such
assessment year, such budget to be approved pursuant to the requirements ofthe Act.
Section 5.05 Special Assessments. A special assessment is any assessment that is not levied
pursuant to an approved budget. The Association, by unanimous approval of the Executive Board,
may lery one or more special assessments, but only with respect to the Common Elements, to pay
for claims or for repair or replacement to the extent not covered by insurance, or to provide for
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extraordinary maintenance.
Section 5.06 Effect of Non-Payment of Assessments. Any Assessment provided for in this
Declaration or any installment thereof, which is not fully paid within fifteen days after t, written
notice that such amount is due, shall bear interest at the rate established in the policies of the
Executive Board, which interest rate shall not exceed the maximum interest rate allowed by law (if
the Executive Board has not set an interest rate to have effect under this section, the interest rate
shall betwenty-one percent (21 %) per annum). Further, following ten (10) days' notice in writing
given to the defaulting Owner, the Association may bring an action at law or in equity against any
Owner obligated to pay such overdue assessment, or any installments thereof. Each Owner appoints
the other Owner an irrevocable power of attorney to pursue actions to collect unpaid assessments.
An Owner is not entitled to vote on matters relating to collection presented to the Association if that
Owner has not paid an installment of a duly authorized assessment when due and the vote of the
other Owner in such instance shall be deemed unanimous.
ARTICLE 6
MAINTENANCE AND INSURANCE
Section 6.01 Maintenance
6.01.01 Association's Responsibility. The Association shall be responsible for the
maintenance, repair and restoration of the Common Elements to the extent not maintained
by the Owners. The costs so incurred by the Association shall be borne by the Owners in
accordance with their Allocated Interests, except as expressly provided otherwise in this
Declazation or non-waivable provisions of the Act.
6.01.02 Owner's Responsibility. Forpurposes ofmaintenance,repair, alteration, and
remodeling, each Owner owns all the improvements, except the Common Elements, and has
the right and the obligation to maintain, repair, alter, restore and remodel, the totality ofthat
Owner's Condominium Unit as defined in Section 4.03, above, which includes, without
limitation, all of the improvements located within the boundaries ofthe Condominium Unit,
excluding the Common Elements. Each Owner shall, at such Owner's sole cost and
expense:
6.01.02.01 keep and maintain in good order and repair the equipment,
improvements and the infrastructure located within the boundaries of such Owner's
Condominium Unit;
6.01.02.02 replace any finishing or other materials removed with materials of a
similar type, kind, and quality;
6.01.02.03 maintain in a clean, safe and amactive condition and in good repair
the interior of such Owner's Condominium Unit, including the fixtures, doors and
windows thereof, the improvements affixed thereto, and that portion of the roof
serving such Condominium Unit;
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6.01.02.04 maintain in neat and clean condition all garage areas, decks, yard,
porches, roof, balconies or patio azeas, which are located within that Owner's
Condominium Unit
Section 6.02 Insurance. Damage. Destruction and Obsolescence.
6.02.01 Owner's Insurance. To the greatest extent practicable given the
condominium nature ofthe Units and the Association's control over the Common Elements,
each Unit Owner shall insure his or her Unit, and his or her corresponding undivided interest
in the Common Elements, as a detached single family home. Given that aspiration, each
Owner shall maintain property and liability insurance with respect to its Condominium Unit
covering all insurable improvements in such amount as will fund the cost of replacing the
Unit and associated Common Elements. In the event of any casualty involving the Common
Elements, the insurance policies of the two Owners shall be each be chazged with one half
of the cost of to repair or replace, as necessary, the affected Common Elements. Each
Owner shall use its best efforts to cause each insurance policy obtained by it to include a
waiver of the right of recovery by way of subrogation against the other Owner and the
Association in connection with any damage to the Common Elements. To the extent
reasonably available, each such policy shall name the Association as an additional insured
and shall be non-cancellable without at least 30-days notice to both Owners. Each Owner
shall direct its insurance carrier to provide to the other Unit Owner at least annually a copy
of the insurance policies on the Unit or a certificate which describes such insurance
coverage. Each Owner shall secure adequate general liability insurance, as each such Owner
deems necessary, in its sole reasonable discretion.
6.02.02 Association's Insurance. The Association shall maintain all insurance
required by the non-waivable provisions of C.R.S. § 38-33.3-313 of the Act. To the extent
the insurance not otherwise required by this Section 6.02.02 or if the insurance provided by
the Owners is inadequate to restore the Common Elements in the event of a casualty, the
Association shall maintain property insurance on the Common Elements for not less than the
full insurable replacement cost thereof. Each such insurance policy shall be written with an
insurance company licensed to do the business of insurance in the State of Colorado and
shall have a rating of"A" or better as shown in the published rating of AM Best Company.
6.02.03 'v rs. Subject to obtaining the waiver of subrogation endorsement
required by the Act, the Owners release each other and the Association, and their respective
authorized representatives, from any claims for damages to any property that are caused by
or result from risks insured against under any insurance policies carried by the Owners or
the Association and in force at the time of any such damage.
6.02.04 Qbligation to Repair or Replace. In the event of a casualty with respect to the
Common Elements and/or any Unit, the Owners shall repair, replace and/or restore the
improvements as necessary to place them to their condition as existed before the casualty
event. As provided by the Act, the proceeds of the insurance carried by the Association shall
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be used for such purpose and the Association shall be the trustee to receive the insurance
awards and cause the repair or replacement to be accomplished. If the cost of repair or
replacement exceeds the amount of insurance proceeds, the amount necessary to effect such
restoration as determined by the Executive Board shall be a Common Expense assessed
against the Owners; provided, however, that the Executive Boazd shall reallocate such
assessment between Condominium Unit A and Condominium Unit B Owners to the extent
that the restoration does not benefit both Condominium Units in a manner that is
substantially proportionate to their Allocated Interests. Notwithstanding the foregoing, if
the casualty was caused by the negligence or misconduct of an Owner, the amount needed
to effect the restoration after use of the Association's and such Owner's insurance proceeds
shall be assessed exclusively against such Owner's Condominium Unit.
Section 6.03 Restoration Upon Condemnation.
6.03.01 Total Taking In the event of a taking of the total Real Estate by eminent
domain, each Owner shall be entitled to receive the award of such taking for that Owner's
Condominium Unit, after all mortgages and liens on the Condominium Unit have been
satisfied or otherwise discharged. After acceptance of the award ofthe taking by the Owners
and their mortgagees and lienholders, the Owners, their mortgagees and lienholders shall be
divested of all interest in the Condominium Units and the Owners shall vacate the
Condominium Units as a result of such taking.
6.03.02 Partial Takine. In the event of a partial taking of the Real Estate by eminent
domain, the Owner of any affected Condominium Unit or its mortgagees or lienholders, as
applicable, shall be entitled to receive the award of such taking. After acceptance of the
award of the taking by the Owner and its mortgagees and lienholders, the Owner, its
mortgagee and lienholders shall be divested of all interest in the Condominium Unit or
portion of the Condominium Unit, as applicable, and such Owner shall vacate the
Condominium Unit or said portion thereof as a result of such taking. The remaining portion
of the Condominium Unit shall be resurveyed and, if necessary, the Declazation shall be
amended to reflect such taking. If the taking includes all or a portion of the Common
Elements, then unless the Owners decide not to rebuild, the remaining Common Elements
shall be restored by the Association using the condemnation proceeds. If the cost of
restoration exceeds the amount of condemnation proceeds, the amount necessary to effect
such restoration as determined by the Executive Board shall be a Common Expense assessed
against the Owners as set forth in Section 5.03 above; provided, however, that the Executive
Board shall reallocate such assessment between Condominium Unit A and Condominium
Unit B Owners to the extent that the restoration benefits do not benefit both Condominium
Condominium Units in a manner that is substantially proportionate to their Allocated
Interests.
Section 6.04 Obsolescence. Ifthe Condominiums are declared obsolete, the provisions of C.R.S.
§ 38-33.3-218 of the Act shall govern.
Section 6.05 Indemnification ByOwners. Subject to Section 6.02.03, each Owner shall indemnify
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the other Owner and the Association and hold each of them harmless from suits, actions, damages,
liability and expense, loss of life, bodily or personal injury, or property damage arising from, or out
of the use or occupancy of, such Owner's Unit or any part thereof, or occasioned wholly or in part
by any act or omission of that Owner, its agents, contractors, employees, servants, invitees,
licensees, or concessionaires, including the Limited Common Elements appurtenant to such Owner's
Condominium Unit, except in the case of negligence on the part of the other Owner.
ARTICLE 7
RESTRICTIONS ON USE
Section 7.01 Nuisances and Offensive Activities. There shal l be no noxious or offensive activities
conducted on, in, or upon any Condominium Unit or Common Element, and no loud noises or
noxious odors shall be permitted anywhere in the Common Interest Community. Nothing shall be
done in the Common Interest Community that may be or become an unreasonable annoyance or a
nuisance to any other Owner or any occupant of any Condominium Unit. Any Owner shall have the
right to enforce the provisions of this Article by bringing suit at law or in equity, or as otherwise
provided by law. No Owner or occupant of any Condominium Unit shall permit or cause anything
to be done or kept on the Condominium which will increase the cost of the Association's or other
Owner's insurance, or which will result in the cancellation of such insurance. Each Owner shall be
accountable to the Association and the other Owner for the uses and behavior of its tenants or guest.
Section 7.02 Limitations on Alterations of Condominium Units. Withoutthepriorwrittenconsent
of the other Owner, no Owner shall: (a) make any structural change or alteration to the building
exterior of such Owner's Unit, (b) modify or alter the appearance or color scheme of the exterior
improvements as they may exist from time to time by agreement of the Owners; or (c) modify or
remove any of the fences along the Unit division line between the two Condominium Units, as
shown on the Plat.
Section 7.03 Structural Inteerity. Nothing shall be done to any Condominium Unit or to the
Common Elements by an Owner that will impair the structural integrity of any improvements on the
other Condominium Unit or the Common Elements unless prior written unanimous authorization
is obtained from the other Owner. .
Section 7.04 Restriction Upon Occupancy. Except as the Owners might otherwise agree, each
Condominium Unit shall be used and occupied solely for residential purposes. And no trade or
business of any kind may be conducted on, in, or upon any Condominium Unit or Common Element.
Lease or rental of a Condominium Unit for lodging or residential purposes shall not be considered
a violation of this covenant and is permissible. Similarly, the maintenance of a home office shall
not be considered a violation of this restriction so long as the nature and conduct of the business
complies with applicable local laws and any covenants affecting the Property.
Section 7.05 No Unsiehtliness: Trash Storage. No unsightliness or waste shall be permitted on
or in any part of the Common Interest Community. .All trash shall be stored in "bear proof'
containers erected for that purpose.
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Section 7.06 No Violation of Rules. No Owner and no Owner's tenants, guests or invitees shall
violate the rules and regulations, if any, adopted from time to time by the Association, pursuant to
the Act and this Declaration, whether relating to the use of Condominium Units, the use of Common
Elements, or otherwise.
Section 7.07 Owner Caused Damages. If, due to the act or neglect of an Owner or such Owner's
tenants, guests or invitees, loss or damage shall be caused to any person or property, including the
Common Interest Community or any Condominium Unit thereon, such Owner shall be liable or
responsible for the same, except to the extent that such damage or loss is covered by insurance
obtained by the Association, andthe carrier ofthe insurance has waived rights of subrogation against
such Owner.. Any increase in the cost of any insurance maintained by the Association referable
to such Owner caused damage shall be paid by the Owner causing such damage.
Section 7.Og a es All leases of any Condominium Unit shall provide that the terms ofthe lease
are subject, in all respects, to the provisions of this Declaration, and to the provisions of any rules
and regulations, decisions or resolutions of the Association.
Section 7.09 Uti i ies. All water, sewer, gas, electrical, telephone, cable television and other utility
lines, pipes or other infrastructure shall be buried underground and shall not be carried on overhead
poles or above the surface of the ground. Any areas of natural vegetation or terrain disturbed by the
burying of utility lines shall be revegetated by and at the expense of the Owner causing the
installation of the utilities no later than the next growing season following such installation. Each
Owner shall be responsible for arranging for provision of utilities to their respective Condominium
Unit and shall only be obligated to pay for those utilities supplied or delivered directly to their
respective Condominium Unit. It is anticipated that each Condominium Unit shall be separately
metered, serviced, and billed for purposes of utilities.
Section 7.10 Animal Restrictions. No animals other than normal household pets shall be kept in
or about the Condominium Units. An Owner shall be liable to the other Owner and such Owner's
family and guests for any damages caused to any person or property by any animal brought or kept
on the Property.
Section 7.11 Enforcement. The Association, any member ofthe Executive Board and any Owner
shall have the right to enforce this Declaration and the rules and regulations of the Association. In
the event of legal action to enforce this Declaration, the prevailing party shall be awarded its
reasonable costs and reasonable attorneys' fees, including the costs of collection.
Section 7.12 NQ V iolation of Laws. No Owner and no Owner's tenants, guests, or invitees shall
violate any applicable federal, state, or local law applicable to the Property.
Section 7.13 No Further Subdivision. There shall be no subdivision of the Property.
Section 7.14 Restriction on Use and Ownership of Units. No timesharing, vacation club or similar
use of the Property, a Unit, or any part thereof, shall be permitted without the unanimous consent
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of the Owners and compliance with all applicable regulations of the City of Aspen. In no event may
more than four (4) persons own any interest in any Unit.
ARTICLE 8
EASEMENTS AND LICENSES
Section 8.01 Easements of Record. The Real Estate is subject to those easements and/or licenses
granted by the Declarant pursuant to this Declaration, those shown on the Plat and those listed in
Exhibit ,attached hereto.
Section 8.02 Common Elements Easement. Each CondominiumUnitOwnerhasarightofuseand
easement for enjoyment in and to the Common Elements, for the purpose for which they aze
designed, which right and easement shall be appurtenant to and shall pass with the title to each
Condominium Unit subject to the provisions contained herein.
Section 8.03 basements for Improvements Maintenance and tilitie .Reciprocal easements
are hereby declared to exist over and under the Property and all areas thereof for the existing
electric, telephone, water, gas, and sanitary and storm sewer lines and facilities, exhaust, heating and
air conditioning facilities, plumbing vent pipes, cable or master television antenna lines, other
utilities, drainage facilities, garbage chutes, stairs, walkways, and landscaping, and for the repair,
replacement and maintenance of the same, as needed to service the Property and/or the individual
Condominium Units. Each Owner has the right, at its sole expense and after giving written notice
for at least one (1) business day to the other Owner, to relocate such lines and facilities within or
upon its Condominium Unit; provided, however, that such relocation shall be accomplished without
interrupting utility service to the other Owner, unless otherwise permitted by the other Owner.
Section 8.04 Encroachment Easements. Each Owner has an easement over the adjoining
Condominium Unit for the purpose of accommodating any encroachment due to engineering errors,
errors in original construction, reconstruction, repair, settlement or shifting or movement of the
building, or any other similar cause. There shall be valid easements for the maintenance of said
encroachments so long as they shall exist, and the rights and obligations of Owners shall not be
altered in any way by said encroachment, settlement or shifting; provided, however, that in no event
shall a valid easement for encroachment occur due to the intentional encroachment of an Owner or
Owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt in
substantially the same manner and in the same location as originally constructed, the Owners agree
that minor encroachments over the abutting Condominium Unit shall be permitted and that there
shall be valid easements for the maintenance of said encroachments so long as they shall exist.
ARTICLE 9
MISCELLANEOUS
Section 9.01 When Consent or Authorization Not Necessary. Notwithstanding anything in the
Declaration to the contrary, whenever the consent or authorization of the Association or Executive
Boazd shall be required under the provisions hereof, it shall suffice, and the consent or authorization
of the Association shall thereby be deemed given, if the Owner seeking such consent or
authorization has obtained in writing the consent or authorization of the other Owner of the
Common Interest Community.
Section 9.02 In a ni To the extent not covered by any insurance policy required by this
Declaration and subject to Section 7.07, above, each Owner ("Indemnifying Owner") shall
indemnify and hold the other Owner ("Other Owner")blameless and harmless of, from and against
any loss, claim, demand or obligation (including costs of defense and reasonable attorney fees) of
whatsoever nature occasioned by or if any manner resulting or emanating from any work done at
the behest of the Indemnifying Owner on such Owner's Condominium Unit, or labor, services or
materials famished to such Owner or such Owner's Condominium Unit, and will maintain the Other
Owner's Condominium Unit, as well as that portion of the Common Elements exclusively reserved
to such Other Owner entirely lien free through payment or suitable substitution bond and, upon the
failure of the Indemnifying Owner so to do, the Other Owner shall have the right to do that which
it, in its discretion, determines to be necessary to effect the release and discharge of the lien from
such Other Owner's Condominium Unit and the applicable Common Elements. The costs and
expenses incun•ed in so doing, together with interest at the per annum rate of 21 % shall be repaid
by the Indemnifying Owner upon demand. Until repaid, the obligation so to do shall be secured by
alien against the Condominium Unit of the Indemnifying Owner, notice of which may be given by
the Other Owner by a filing in the records of the Pitkin County Clerk and Recorder, and which may
be foreclosed as in the case of a mortgage. In any such foreclosure proceedings, the Other Owner
shall be entitled to recover its costs and reasonable attorney fees.
Section 9.03 Additional Rights of Enforcement. Each of the covenants, obligations and
undertakings in this Declaration to be performed by the respective Condominium Unit Owners is
intended to and shall be deemed to be for the specific benefit of the other Condominium Unit
Owner. In the event of the failure or inability of the Association to enforce any provision of this
Declaration against a delinquent or defaulting Owner, the remaining Owner, acting alone, shall have
the right in the name of the Association and on its behalf or, as the case may be necessary or
advisable, in the name of such remaining Owner and on his, her or its behalfto commence, maintain
and obtain judgment in an action for damages, for specific performance, or for both. In connection
with any such proceedings against a delinquent or defaulting Owner, the prevailing party shall be
awarded its costs and reasonable attorney fees as a part of any judgment entered in favor of such
prevailing party ,
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IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed as of
the _day of , 2007.
AV 10 PROPERTIES, LLC,
a Texas limited liability company
Gerald W. Schlief
Manager
STATE OF
COUNTY OF
ss.
The foregoing instnunent was acknowledged before me this day of , 2007, by
Gerald W. Schlief as Manager of AV 10 Properties, LLC, a Texas limited liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
MORTGAGEE CONSENT
THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF
N.A.., BEING THE MORTGAGEE OF THE HEREIN DESCRIBED REAL PROPERTY AS
EVIDENCED BY THAT DEED OF TRUST RECORDED AS RECEPTION NO.
ASSIGNMENT OF LEASES AND RENTS RECORDED AS RECEPTION
NO. AND THAT FINANCING STATEMENT RECORDED AS
RECEPTION NO. ,ALL OF THE REAL PROPERTY RECORDS OF PITKIN
COUNTY, COLORADO, HEREBY CONSENTS TO THE RECORDING OF THIS
CONDOMINIUM DECLARATION, AND AGREES THAT THE DEED OF TRUST DESCRIBED
ABOVE SHALL BE AND IS SUBORDINATE, JUNIOR AND INFERIOR TO THIS
CONDOMINIUM DECLARATION.
N.A.
By:
Name:
Title:
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STATE OF COLORADO )
ss.
County of Pitkin )
This document was acknowledged before me on (date) by _
as of
My commission expires:
[Seal]
Notary Public
N.A.
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