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Home My WebLink AboutLand Use Case.1430 Sierra Vista Dr.0049.2007.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 0049.2007.ASLU 2735 111 050 11 1430 S TERRA VISTA JENNIFER PHELAN SUBDIVISION EXE MIKE HOFFMAN 12.19.2007 CLOSED BY Angela Scorey on 07/29/2009 ,~.~ ~,:,;;. ,:;' t F ;i +3, ii~j}~ 'sz;t ~;yr. s'j', e -'~ ~~ n ~~ ~~ ~ 5 o~ ~~ m V N m ~~ ~~ 5 t~ 0 o N ;~ ~' ~ ~ b h y R 2b~~ m ti 1~~ ~~~~ T p ^i A C ~ m T .~. ~' ~ S ~ .e ~ ~ e~~" C a>4F" ~ 'C "y ::£ ~ o ;_: "~ffi F A b ~~~ .., A Ila 0 p A k t\ 0 ' / N r ~, d H ~ 4 ~ ~ ~ ~ ~`~, ~ ~i~ '* ~\ R ~ N ~; ~Y ~ ~°a ~, c .-- ~ ~.,`_ ~ v> ~ ~~ ~~~~~~ ~~°~~`^ ° iP v i b ~y O 3 O q^ `a ~:P u~ ~~ y 'ye 'i ,..p~~ i }~.6 #a ~~~ ` ~ P:? a +! ~~ Rq !p! sg ~~ 1 9~ e ~£ t iq C@@@~ i~ ~~ ~tY ~~ ti ..-~ ~ ~ ~~~~g I~ C °Y~~ l- a s ~~y '• ~i ~ §7 &~ ~ ~a i~ as C R S ~i~~ 6 I.ai i ~ i ~lE~r ~q,~ d a ~~i `~~ ~~~ ;,_ a y~ ' q~~~5 ~~~~#f~i~~~ P y ~az~~'Si~z{~;dRg ' ~i~ i~ U a F Y 3 1 c+ 4~` ~~ P~ I~il~rt qe ~io}~~ ~'~~; 1~° d? k ~ ~e~iq f~l~eS;~~~f t. Ali laFi3laF' ~~i~!i e~~~j~~~~~q #~ 3~ :~~r~i#~P 91 t i . ~` ~ a~~ i ~ Sgt[ ,u '~ ~i ~8 ~ ~ 3 ~ft 4g 0 l '4- ~' c ;~~~ 9 5 t ~~ 3.. ~~ 8 r r J R e~ S i~wufl l>'a.Y, ~ l _ / ~ ~~ ~/ r/~_ O ~rtr~ $ ~yY~ ui ` i~ w x : ~ d$ ~ 1 b P' ~ ~ / M@ ^ ~S r) I I? ~~ ~~ I N I' r~ ,~~,m ~ A ~ y i 4 ~ ;0~ ~ I ~..~ \~ ~H ~.~,~ ~/ ~~ d 3a~~'}~ v,~ q~ d3~9q ~9 jy ayC ~ S ~b f4 ~$ <Bp Yi pE; e 19 ~z~~~e~. ~ ~~ Eep am ~~ , m 8~y; ~4 ~s q, R mp qq Y g D ~. §'~t ~~$( t ~S il3i~~ gilts ~ 4~1cY ~~ i~ b ~ ~~~ ~• i~~~r ~ $ o s., ~ e ~ R°' p ~Ar~;~e~ g ~¢ Yp}a3Y~ 9 ~f~+. ~ ~Y ! d ~~e <g~ d 8lf Sa C i~ ~ s y 5 g~ Y ~ ~ 3 ~$ ~ x Y a~ 4 0. ~'~~` V R ~~ m y ~, R ~ h. ~ ~ ~ O' ~ m ~~ ~ry ~ R `~ V' N N (~• ~` N ~ A ~, c~ ~ W ~ ~ o O `~ ~ R (R~ R Q V O~ v] N 0 l,~ ~~a `~,, \\ m N r~ ~a vJ a~ ~'` \` O N ti ~a~~ r~r^ vJ ~ W I~ APPLICANT: ATTACHMENT 2 -LAND USE APPLICATION Name: Richard Schwartz LOCat1On: 1430 Sierra Visla, Aspen -Lot 39, West Aspen Subdivision Filing No. 1 -Parcel ID No. 273511105011 ParceIID#(REQUIRED) REPRESENTATIVE: Name: E. Michael Hoffman Address: 106. S. Mill Street, Suite 202, Aspen, Colorado 81611 Phone #: (970) 544-3442 YROJECT: Name: Condominiumization of 1430 Sierra Vista Address: 1439 Sierra Vista, Aspen, Colorado (970)544-3442 Phone #: 1'vPE of APPLICATION: (please cneck all tnat 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 ^ Lot Split ^ Temporary Use ^ Other: ^ Lot Line Ad'ustment ^ TexUMa Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Duplex building is currently constructed on the lot. It is of new construction. Other than the West Aspen Subdivision recorded in 1967, there are no current land use approvals which affect the property. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) The only approval sought is for condominiumization pursuant to Section 26.480.090 of the Aspen Land Use Code. you attached the following? FEES DvE: $ •e-Application Conference Summary ttachment #l, Signed Fee Agreement esponse to Attachment #3, Dimensional Requirements Form esponse to Attachment #4, Submittal Requirements-Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written teat (Microsoft Word Format) must be submitted as part of the application. LAW OFFICE OF - E. MICHAEL HOFFMAN, r.c. 1 O6 SOUTH MILL STREET SUITE 202 ASPEN, COLORADO 8161 1 FACSIMILE E-MAIL (970) 920-1019 Mhoffman~emhlaw-aspen.com September 4, 2007 Chris Bendon Community Development Director City ofAspen Community Development 130 S. Galena Street Aspen, CO 81611 TELEPHONE (970) 5443442 Re: Application packet from Richazd Schwartz for condominiumization of duplex located at 1430 Sierra Vista Drive, City ofAspen, County of Pitkin Dear Chris: Enclosed please fine a Land Use Application packet for condominiumization of 1430 Sierra Vista, Aspen, Colorado. The following are the documents included: Two Copies o£ 1. Attachment 2, Land Use Application 2. Attachment 3, Dimensional Requirements Form 3. Authorization Letter from Richard Schwartz authorizing E. Michael Hoffman to submit and process the Application for Condominiumization 4. Check #711 in the amount of $705.00 made out to the City ofAspen as deposit 5. Executed letter by Richard Schwartz to City ofAspen Community Development Department Agreement for Payment of City ofAspen Development Application Fees 6. Mortgagee Consent 7. Condominium Declaration 8. Condominium Subdivision Plat of 1430 Sierra Vista Condominiums Please feel free to call me should you require anything further for this Land Use Application. r,. ti..,. _. Very truly yours, E. MICHAEL HOFFMAN, P.C. By: ~ . Catalina Cruz, Esq. .~~, ~,. ATfACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: Condominiumization of 1430 Sierra Vista Drive Applicant: Richard Schwartz Location: t'~ Sierra Vista Drive Zone District: Lot Size: _ d~ 3 7 AC,PE Lot Area: IG G7~? Shur, t ,~rrr (for tho purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: ~ Proposed: Q Number of residential units: Exisring: '.1 Proposed.• 2 Number of bedrooms: Existing: 1D _Proposed:___, Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: N $y Allowable:~_Proposed.• y98y Principal bldg. height: Existing.• ~c4L Allowable:~S°1LM,nProposed: ~"nia,no~,,.; Access. bldg. height: On-Site parking: Site coverage: Open Space: Front Setback: Rear Setback: Combined FlR: Side Setback: Side Setback: Combined Sides: Distance Between Buildings Existing: Allowable: Proposed: E.ci.rting: ~3 Required: ~~c~r _Prapored: ~ Snixr? ,Oriz ur ~T Existing; ~J `~ Xequired: Proposed• Exrsting: 0' ~ Reguired:. Proposed; Existing: Wit, Required: < ~•~- _Proposed.• ,r 'CIS - 0 Existing:- jQ_=- Required: 0 ~D - Proposed: 6 10 Existing: 3s " Required: 3~-° Proposed: 3S`-' Existing: (b ~ Required.• TO ~ Proposed: Jd ~ Fxisting: I6 c Required: f a c Proposed.• lO -° Existing: ~d `- Required• ~~ G Proposed.• ~O -` Existing Required: Proposed:_ Existing non-conformities or encroachments: Variations requested: r^ Richard Schwartz 1435 Sierra Vista Aspen, Colorado 81611 August 12, 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 Condominiumization for my property described as Lot 39, West Aspen Subdivision, Filing No. 1, according to the Plat thereof recorded in the real property records of Pitkin County, Colorado on September 5, 1967, as Reception No. 128426, Pitkin County, Colorado, commonly known as 1430 Sierra Vista, 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. V t yours, Ric and Schw z r°~ CITY OF ASPEN COMMi)NITY DEVELOPMENT DEPARTMENT Agreement for Paymeat of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and _ Richard Schwartz (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. AL I Lll.[11Y 1 11dJ JLLUIILLLLCLL LU lal l 1 61l Q11kI111:6LLU11 lUl Condominiumization (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 48 (Series of 2006) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafrer permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that i[ is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collet[ full fees prior to a determination of applicatio^ ^_^_mpleteness, APPLICANT shall pay an initial deposit in the amount of $_ ~n~ which is for _ 3 hours of Community Development staff time, and if ac~aal raorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY [o reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the bill' g date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for susp stun f processing, and in no case will building permits be issued until all costs associated with case oces ttg have been paid. CITY OF ASPEN APPLICANT // /~ n.,• Rv~ v Chris Beadon Community Development Director Date: O ~ Billing Address and Telephone Number. 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CONDOMINIUM DECLARATION OF 1430 SIERRA VISTA CONDOMINIUMS PITKIN COUNTY, COLORADO Name of the Common Interest Community: 1430 Sierra Vista Condominiums Name of the Association: 1430 Siena Vista Condominium Association Legal Description of Property: Lot 39, West Aspen Subdivision, Filing No. 1, according to the Plat thereof recorded in the real property records of Pitkin County, Colorado on September 5, 1967, as Reception No. 128426, Pitkin County, Colorado and also known as 1430 Sierra Vista Condominiums, Unit A and Unit B (the "Condominium Units"), according to the Condominium Subdivision Plat thereof filed for record in Plat Book at Page as Reception No. of the records of Pitkin County, Colorado (the "Plat") and also known by the street addresses o£ 1430 Sierra Vista Drive (Unit A) and (Unit B), Aspen, Colorado 81611. °q CONDOMINIUM DECLARATION OF 1430 SIERRA VISTA CONDOMINIUMS THIS CONDOMINIUM DECLARATION is made this _ day of , 2007, by 1430 Sierra Vista, LLC, a Colorado limited liability company (hereinafter "Declazant"). RECITALS A. Declazant is the owner of the following described real estate in the County of Pitkin, State of Colorado: Lot 39, West Aspen Subdivision, Filing No. 1, according to the Plat thereof recorded in the real property records of Pitkin County, Colorado on September 5, 1967, as Reception No. 128426 (herein after the "Real Estate" or "Common Interest Community"). B. The above-described property is presently developed with amulti-level frame duplex house. C. Declarant wishes to create a Condominium Common Interest Community in which portions of the Real Estate aze designated for sepazate 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 this Condominium Common Interest Community is prohibited. By becoming part of this Condominium Common Interest Community, any right to maintain a legal partition action is forever waived. E. The intent of the Declarant is to have the Units (as defined below) administered as sepazate single family homes 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, Declazant states as follows: ARTICLE 1 DEFINITIONS Section 1.01 Submission of Real Estate. Declazant hereby declares 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 parties having any right, title or interest in the Real Estate or any part thereof, their heirs, legal representatives, successors and assigns, and shall inure to the benefit of each owner thereof (hereinafter the "Declazation"). Declarant hereby submits the Real Estate to the provisions of the Colorado Common Interest Ownership Act, C.RS. §§ 38-33.3-101, et seq., as the same may be amended from time to time 2 ~," , v (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 Term Each capitalized term not otherwise defined in this Declazation or on the Plat of the 1430 Sierra Vista Condominiums recorded in Plat Book at Page _ of the real property records of Pitkin County, Colorado (hereinafter the "Plat") and used herein or on the Plat shall have the meanings specified herein or as used 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 of the Association. The Allocated Interests appurtenant to each Condominium Unit have been established pro rata based on the total number of units in the Condominium. Section 1.04 Common Elements. "Common Elements" means (i) the "party wall" dividing Unit A and Unit B as shown on the Plat (including any siding or other part of the structure which located on the same plane as, and contiguous with, the party wall); (ii) that section of the roof of the Condominiums that is above the party wall, (iii) that section of the foundation of the Condominiums that is above the party wall, and (iv) all utility service lines which service both Units. Section 1.05 General Common Elements. "General Common Elements" means the Common Elements. Section 1.06 Limited Common Elements. There are no "Limited Common Elements" in the Condominium established herein. Section 1.07 Owner. One or more Persons who hold the record title to any Unit, but excluding in all cases any party holding an interest merely as security for the performance of a Mortgage. ARTICLE 2 NAMES Section 2.01 Common Interest Community. The name of the Common Interest Community is the 1430 Siena Vista Condominiums. Section 2.02 Association. The name of the Association is 1430 Sierra Vista Condominium Association, an unincorporated association. 3 r-~ ^ i.. ..,~ ARTICLE 3 THE ASSOCIATION Section 3.01 Authority. The business affairs of the 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 association pursuant to the Act. 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 Unit A Member Group and its Unit B Member Group, and neither Member Group acting alone shall have the power to act for or bind the Association. Section 3.03 Member Grouns. The Association shall have two (2) member groups, the Unit A Member Group, which is attached to Unit A, and the Unit B Member Group, which is attached to 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 Unit and shall automatically cease when such individual(s) or entity(ies) no longer have an ownership interest therein. Section 3.04 Executive Boazd. Except as otherwise provided in this Declazation or as required by the Act, the Association shall act through its Executive Boazd. The Executive Boazd will consist of two directors. The Unit A Member Group and the Unit B Member Group 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 Unit or such notice address as otherwise provided in writing by one Owner to the other. Section 3.06 Deadlock. 3.06.01 Definition. "Deadlock" shall mean a written statement that there is a "Deadlock" by a member of the Executive Boazd to the other member of the Executive Board after a formal vote in which a member of the Executive Boazd votes for or against a proposition and the other member votes differently or refuses to vote, concerning (i) the amount of insurance, (ii) the company to provide the insurance or the budget therefor, (iii) the required degree of maintenance, (iv) the manner in which maintenance 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, or (vi) any other issue which has real potential to have a material effect on the Association, the Common Elements or on the Units or either of them. In all other instances, the failure of the Executive Boazd 4 ~,^ to agree shall mean that no decision is made. 3.06.02 Breaking a Deadlock. In the event of a Deadlock, the Executive Boazd 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. Thereafter, each member shall select an Abitrator, and the selected azbitrators 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 Member Group or the Unit B Member Group, and shall not have business or professional relationships with any owner. The Arbitrator shall select the entire proposal submitted by one of the Executive Boazd members. ARTICLE 4 UNITS Section 4.01 Number of Units. The number of Units in the Common Interest Community is two (2). There shall be no more than two (2) Units in the Condominium. Section 4.02 Identification of Units. The identification number of each Unit is as shown on the Plat. Section 4.03 Unit Boundaries. The boundaries of each Unit are located as shown on the Plat. The Common Interest Community has only vertical boundaries and does not have horizontal boundazies. The Units include structural building improvements now or hereafter existing. Each Unit begins along the plane defined by the surface of the unfinished drywall or plaster which exists on the Party Wal as shown on the Plat. 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 of the total destruction of the Party Wall, in which case the position of the Party Wall as shown on the Plat shall be determinative. ARTICLE 5 COVENANT FOR COMMON EXPENSE ASSESSMENTS Section 5.01 Common Expenses. The only Common Expenses of the Association shall be for: (a) maintenance, as defined in Section 6. 1 below; (b) insurance, as defined in Section 6.2 below; and (c) such other expenses as are required or authorized in this Declazation. Section 5.02 Creation of Association Lien: Personal Obligation to Pav Common Expense Assessments. Each Owner, by signing below or accepting a deed to its Unit, shall be 5 ~ ~~ ~ ~~ deemed to covenant and agree to pay to the Association annual Common Expense assessments. Such assessments shall also include late chazges, attorney fees and costs of collection chazged by the Association. All Common Expense assessments shall be the personal obligation of the Owner at the time when the assessment becomes due. No Unit Owner shall convey any interest in its Unit unless and until all sums due the Association and not assumed by the transferee aze currently paid. The Common Expense assessments shall be a continuing lien upon the Unit against which each such assessment is made and is subject to the Association's right to foreclose as provided by the Act. Notice of such lien may be given by a filing in the records of the Pitkin County Clerk and Recorder by any Owner in the name of the Association. Acceleration of any installment of the annual Common Expense assessment shall be in the Association's sole discretion on a case by case basis. Section 5.03 Annortionment of Common Expenses. Common Expenses shall be assessed against the Units on the basis of one-half (1/2) to Unit A and one-half (1/2) to Unit B (the "Common Expense Allocation"). Section 5.04 Annual Assessment: Commencement of Common Expense Assessments. The Common Expense Assessments shall be based upon the Association's advance adoption of a budget identifying the cash requirements needed by it to provide insurance and maintenance during such assessment yeaz. Section 5.05 Special Assessments. A special assessment is any assessment that is not levied pursuant to an approved budget. The Association may levy one or more special assessments, but only with respect to the General Common Elements, to pay for claims or for repair or replacement to the extent not covered by insurance, or to provide for 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 the due date thereof, shall beaz interest at the rate of twenty-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. The Association also may accelerate the due date for payments of all installments remaining for the budget yeaz, and may proceed to foreclose its lien against such Owner's Unit, provided that the Owner shall have the right, until the date of sale in the foreclosure proceeding, to cure the delinquency upon payment to the Association of the amount due, including interest and costs. An action at law or in equity by the Association against an Owner to recover a money judgment for unpaid assessments or installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien therefor. For the purposes of collecting upon an unpaid assessment the provisions of Article 3 above do not apply and the non-delinquent Owner, acting alone, shall have the right in its name and in the name of the Association and on its behalf, to do and pursue all things that the Association is authorized to do under this Declaration in the case of a delinquent assessment. 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 6 ~,.. relating to collection presented to the Association if that Owner has not paid an installment 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 or restoration of all those portions of the Common Interest Community whose maintenance, repair or restoration is not the obligation of the separate Owners. 6.01.02 Owner's Responsibility. For purposes of maintenance, repair, alteration, and remodeling, each Owner shall be deemed to own, and shall have the right and the obligation to maintain, repair, alter, restore and remodel, the totality of that Owner's Unit as defined in Section 4.03, above, which includes, without limitation, all of the improvements located within the Unit from that portion of the party wall which is located on that Unit's side of the air space which separates the two Units, through and including the boundaries of the Unit as shown on the Plat, including all improvements located therein. An Owner shall not be deemed to own lines, pipes, wires, conduits or other systems (collectively herein "Infrastructure") running through or outside such Owner's Unit but which serve both Units, except in common with all Owners. 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 and the infrastructure located in such Owner's 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 attractive condition and in good repair the interior of such Owner's Unit, including the fixtures, doors and windows thereof, the improvements affixed thereto, and that portion of the roof serving such Unit; 6.01.02.04 maintain in neat and clean condition all gazage azeas, decks, yard, porches, roof, balconies or patio azeas, which aze located within that Owner's Unit (or have been reserved to that Owner's use); The costs of maintaining in good order and repair the equipment and Infrastructure (including the roof system) which does not serve either Unit exclusively shall be borne by the Owners in accordance with the Common Expense Allocation. Section 6.02 Insurance. Damage. Destruction and Obsolescence. 7 r-° ~, 6.02.01 Association's Insurance. To the extent the insurance provided by each of the Owners is inadequate to insure that the Units and Common Elements will be restored in the event of a casualty, the Association shall maintain both property insurance on the Common Elements for not less than the full insurable replacement cost thereof. If the Owners so elect, the Association shall acquire commercial general liability insurance in such minimum amounts as the Association may establish from time to time, as provided by C.R.S. § 38-33.3-313 of the Act, the provisions of which aze incorporated herein by this reference. 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. 6.02.02 Owner's Insurance. Each Owner shall maintain property and liability insurance with respect to the Common Elements and its Unit covering all insurable improvements in such reasonable amounts as each Owner may desire from time to time. In the event of any casualty involving the Common Elements, the insurance policies of the two Owners shall be each be charged 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 provide that the insurance company waives all right of recovery by way of subrogation against other Owner and the Association in connection with any damage covered by any policy. To the extent reasonably available, each such policy shall name the Owner of the other Unit as an additional insured and shall be non-cancellable without at least 30-days notice. Each Owner shall secure adequate general liability insurance, as each such Owner deems necessary, in its sole reasonable discretion. 6.02.03 Waivers. 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 injury or damages to any person or to the Units that aze 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 Obligation to Repair or Replace. In the event of a casualty with respect to the Common Elements, the Association 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 be used for such purpose and the Association shall be the trustee to receive the insurance awazds 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 Boazd shall be a Common Expense assessed against the Owners as set forth in Section 5.03 above; provided, however, that the Executive Boazd shall reallocate such assessment between the Unit A and Unit B Member Groups to the extent that the restoration does not benefit both Units in a manner that is substantially proportionate to their allocated interests. 8 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 Unit. Section 6.03 Restoration Upon Condemnation. 6.03.01 Total Takine. In the event of a taking of the total Real Estate by eminent domain, each Owner shall be entitled to receive the awazd of such taking for that Owner's Unit, after all mortgages and liens on the Unit have been satisfied or otherwise discharged. After acceptance of the award of the taking by the Owners and their mortgagees and lienholders, the Owners, their mortgagees and lienholders shall be divested of all interest in the Units and the Owners shall vacate the 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 Unit or its mortgagees or lienholders, as applicable, shall be entitled to receive the awazd of such taking. After acceptance of the awazd 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 Unit or portion of the Unit, as applicable, and such Owner shall vacate the Unit or said portion thereof as a result of such taking. The remaining portion of the 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 Boazd shall reallocation such assessment between the Unit A and Unit B Member Groups to the extent that the restoration benefits do not benefit both Units in a manner that is substantially proportionate to their allocated Interests. Section 6.04 Obsolescence. The Condominiums may be declazed obsolete by the unanimous consent of the Owners. In the event one Owner, but not both Owners, desires a declazation that the Condominiums are obsolete, the Deadlock regazding whether the Condominiums are obsolete shall be broken in accordance with Section 3.06, above. If the Condominiums aze declazed obsolete, the provisions of C.R.S. § 38-33.3-218 of the Act. Section 6.05 Indemnification By Owners. Each Owner shall indemnify 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, 9 `,; ~° invitees, licensees, or concessionaires, including the Limited Common Elements appurtenant to such Owner's 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 shall be no noxious or offensive activities conducted on, in, or upon any 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 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 Unit shall permit or cause anything to be done or kept on the Condominium which will increase the cost of 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 Units. Without the prior written consent of the other Owner, no Owner shall: (a) make any changes or alterations of any type or kind to the exterior surfaces of any doors or windows; (b) modify or alter the appeazance or color scheme of the exterior improvements as they may exist from time to time by agreement of the Owners; (c) modify or alter any landscaping now or hereafter installed within the Common Interest Community; or (d) modify or remove any of the fences on the Property. Section 7.03 Structural Integrity. Nothing shall be done to any Unit or to the Common Elements that will impair the structural integrity of any improvements on the other Unit or the Common Elements unless prior written unanimous authorization is obtained from the Executive Boazd or from the other Owner, as appropriate. Section 7.04 Restriction Upon Occupancy. Except as the Owners might otherwise agree, each 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 Unit or Common Element. Lease or rental of a 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 Real Estate. Section 7.05 No Unsightliness; Trash Storaee. No unsightliness or waste shall be permitted on or in any part of the Common Interest Community. Without limiting the generality of the foregoing, no Owner shall keep or store anything on or in any of the Common Elements. No Owner shall have, erect, affix or place anything on any of the Common Elements (except for decorative items within the Owner's Unit) including, without limitation, satellite dishes, except by agreement of both Owners. Nothing shall be placed on or in windows or doors of Units which would create an unsightly appearance. No wiring, television antennae, or other items may be installed which protrude through windows, walls or roof azeas, except as expressly authorized 10 by the Association or this Declazation. All trash shall be stored in "bear proof' containers erected for that purpose. Section 7.06 No Violation of Rules. No Owner and no Owner's tenants, guests or invitees shall violate the rules and regulations adopted from time to time by the Association, whether relating to the use of Units, the use of General or Limited Common Elements, or otherwise. Section 7.07 Owner Caused Damaees. 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 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, and the carrier of the insurance has waived rights of subrogation against such Owner. The amount of such loss or damage may be charged by the Association to such Owner as an assessment against such Owner by legal proceedings or otherwise, and such amount (including reasonable attorney fees) shall be secured by a lien on the Condominium Unit of such owner, as provided hereinabove, for assessments or other chazges. 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 7.08 Parking of Vehicles. Pazking of any and all vehicles on the Common Interest Community shall be subject to the rules and regulations of the Association. The Association shall have no responsibility for damage done to automobiles pazked on the Common Interest Community. Section 7.09 Restrictions on Parking and Storaee. No part of the Common Interest Community, including the public streets and driveways or parking areas, unless specifically designated by the Association therefor, shall be used as a parking, storage, display, or accommodation area for any type of trailer, camping trailer, boat trailer, hauling trailer, boat or accessories thereto, truck, or recreational vehicle, for more than three (3) hours, except in an emergency, provided this restriction shall not restrict trucks or other commercial vehicles which are necessary for the construction or maintenance of the Common Interest Community. Repairing of vehicles on the premises, outside of either Unit, shall not be permitted. Section 7.10 Leases. All leases of any Unit shall provide that the terms of the lease aze subject, in all respects, to the provisions of this Declazation, and to the provisions of any rules and regulations, decisions or resolutions of the Association or the Executive Boazd. Section 7.11 Utilities. 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 azeas 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 Unit and shall only be obligated to pay for those utilities supplied or delivered directly 11 ~^ ^* .,~ to their respective Unit. It is anticipated that each Unit shall be separately metered, serviced, and billed for purposes of utilities. Section 7.12 Animal Restrictions. No animals other than normal household pets shall be kept in or about the Units. An Owner shall be absolutely liable to the other Owner and their families and guests for any unreasonable noise, nuisance or damage to any person or property caused by any animal brought or kept on the Property by such Owner or by members of his family or his guests. Section 7.13 Snow Storase. Each Owner shall be responsible for the plowing and removal of snow from the drives reserved for the exclusive use of that Owner. Section 7.14 Enforcement. The Association, any member of the Executive Boazd and any Owner shall have the right to enforce this Declazation and the rules and regulations of the Association. In the event of legal action to enforce this Declaration, the prevailing party shall be awazded its reasonable costs and reasonable attorneys' fees, including the costs of collection. Section 7.15 No Violation of Laws. No Owner and no Owner's tenants, guests, or invitees shall violate any applicable federal, state, or local law applicable to the Real Estate. 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 Declazant pursuant to this Declaration and those shown on the Plat. Section 8.02 Common Elements Easement. Each Unit Owner has a right of use and easement for enjoyment in and to the Common Elements, which right and easement shall be appurtenant to and shall pass with the title to each Unit subject to the provisions contained herein. Every Owner shall have anon-exclusive easement over, under and across the Common Elements. Section 8.03 Easements for Im~ovements. Maintenance, and Utilities. Reciprocal easements are hereby declazed to exist over and under the Real Estate 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, gazbage chutes, stairs, walkways, and landscaping, and for the repair, replacement and maintenance of the same, as needed to service the Real Estate and/or the individual 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 Unit; provided, however, that such relocation shall be accomplished without interrupting utility service to the other Owner, unless otherwise permitted by the other Owner. 12 ~., °` ~.r Section 8.04 Encroachment Easements. Each Owner has an easement over the adjoining 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 willful misconduct 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 as originally constructed, the Owners agree that minor encroachments over the abutting Unit shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. Section 8.05 Unit B Garage Easement. An exclusive, three-dimensional easement exists for the benefit of Unit B over that portion Unit A shown on the Plat and labeled "Unit B Gazage Easement" for that portion of the garage which serves Unit B but is located within Unit A. Use of the Unit B Garage Easement shall be limited to support of the structural elements of the remainder of the gazage serving Unit B, storage of motor vehicles and other personal property, and other uses incident thereto. All improvements located within the Unit B Gazage Easement shall be considered to be a part of Unit B for purposes of insurance, maintenance and repair. ARTICLE 9 MISCELLANEOUS Section 9.01 When Consent or Authorization Not Necessarv. Notwithstanding anything in the Declaration to the contrary, whenever the consent or authorization of the Association or Executive Board 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 Indemni 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 Unit, or labor, services or materials furnished to such Owner or such Owner's Unit, and will maintain the Other Owner's Unit, as well as that portion of the Common Elements exclusively reserved to such Other Owner, as provided in Section 7.4 above, 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 Unit and the applicable Common Elements. The costs and expenses incurred 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 a lien against the Unit of the Indemnifying Owner, notice of which may be given by 13 "~.` .~ 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 Declazation to be performed by the respective Unit Owners is intended to and shall be deemed to be for the specific benefit of the other Unit Owner. In the event of the failure or inability of the Association to enforce any provision of this Declazation 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 behalf to 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 remaining Owner shall be awarded its costs and reasonable attorney fees as a part of any judgment entered in favor of such Owner, and whether or not the relief obtained, including any damages, is less than what was sought. [ REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ] 14 ~~,,, ~ ., .. IN WITNESS WHEREOF, the Declarant has caused this Declazation to be executed as of the _day of , 2007. 1430 SIERRA VISTA, LLC, a Colorado limited liability company Richard Schwartz Manager STATE OF COUNTY OF ss. The foregoing instrument was acknowledged before me this day of , 2007, by Richazd Schwartz as Manager of 1430 Sierra Vista, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public 15