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HomeMy WebLinkAboutLand Use Case.620 E Hopkins Ave.0020.2010.ASLUC Q THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0020.2010.ASLU -~ - :~.. 620 E. HOPKINS AVE SARA ADAMS AT & T WIRELESS BRAD JOHNSON 6.1.10 CLOSED BY ANGELA SCOREY ON: 6.10.10 o Q AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) 1, -Qi~ ~~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26l.30~6.010 (E) of the Aspen Land Use Code in the following manner: V Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (1 ~) days after an Interpretation has been rendered. A copy of the publication is attached hereto. ~- Signature The foregoing "Affidavit of Notice" was acknowledged before me this J,~day of ~~~ , 20pD , by ~ . .Sc c~-~-~-~ WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Yubl-c ATTACHMENTS: Published in The Aspen Times Weekly on June 13. I COPY OF THE P UBLICATION 2D10. (57431fiT] cny of aspen Q~l 2"137o~332goi -- °o city °x Permit InFo n Masker p c z Pr 0 Descri D02o - ZD [ U • ~ LU dock Days ~ Expires I Subm Applicant ^ Owner is applicant? ] Lonir.~ckor is applirar~k? last name BLACK 8 VEATCH ••• First name :BRAD JOh~,S01+1 ----- Phone Cust# 28800 ••• i Address Lender Last name •• First name Phone () - Address C,Ec.. ~ 3 5v I '1 °t 6 Z ~~ ~ ~ 3Sr~ ~ Z~~o 1 E~~ ~ ~ ova ('~ o~ I,L S 0 ~ ~. +~.. , ,s DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of asite-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three (3) -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless the change is accomplished or a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. Property Owner's Name, Mailing Address and telephone number: Stewart Title Company, atm: Sandy Capell, 620 East Hopkins Ave., Aspen, CO (970) 390- 4383 Legal Description and Street Address of Subject Property: 620 East Hopkins Avenue, Lot P and '/z of Lot O, Block 98, Totems Condominium, Aspen, Colorado. Approval is granted to replace 14 existing panel antennas on the rooftop of the building located at 620 E. Hopkins Ave. with 6 new antennas in the same location, as represented in the application. 24 tower mounted amplifiers and new coaxial cables are approved as described in the application. Land Use Approval Received and Dates: Administrative approval granted June 2, 2010. Effective Date of Development Order: June 13, 2010. (Same as date of publication of notice of approval.) Expiration Date of Development Order: June 13, 2013. (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 7~"d day of Jyne 2010, by the City of Aspen Community Development Director. Chri s Bendori Community Development Director City of Aspen NOTICE OF APPROVALw For an Administrative Approval for the replacement of Wireless Telecommunication Equipment on the roof the building located at 620 East Hopkins Avenue. Parcel ID Nos.: 2737-073-32-801; 2737-073-32-021 thru 2737-073-32-033 APPLICANT: AT&T 188 Inverness Drive West, Suite 400 Englewood, CO 80111 REPRESENTATIVE: SUBJECT & SITE OF REVIEW: ZONE DISTRICT: Black & Veatch Corp. 6300 S. Syracuse Way, Suite 300 Centennial, CO 80111 Attn: Brad Johnson (303-229-4681 mobile) 620 East Hopkins Avenue, Aspen, CO C-1, Commercial Zone District SUMMARY: AT&T requests approval to upgrade their existing antennas to "ensure that adequate and uninterrupted service is maintained at all times per their License Agreement with the Federal Communications Commission as well as provide...new and faster voice and data services." The applicant, with consent of the property owner, requests approval to remove the existing 14 antenna panels and to replace them with 6 new antennas in the same location on the rooftop of 620 East Hopkins Avenue. 24 tower mounted amplifiers are proposed to be mounted behind the new antennas and will not be visible. Coaxial cables are proposed to run through the existing coax chase that runs down the east elevation, and new interior equipment is proposed for the existing interior equipment room. The proposed new antennas are approximately 64" tall by 32" wide. The total height measured from existing grade to the top of the proposed new antennas is 53' 6." There is no change is height between existing condition and the proposed new antennas; however the proposed height is 2' 6" over the maximum height for panel antennas. STAFF EVALUATION: Staff determined, pursuant to Land Use Code Section 26.575.130.F.2 that painting the antenna panels to match the building suitably camouflages them. Staff finds that the review criteria, attached as Exhibit A, are met and recommends approval of the proposed 6 antennas, 24 tower mounted amplifiers and coaxial cables with conditions. Page 1 of 2 DECISION: The Community Development Director finds the Administrative Application for Wireless Telecommunication Equipment to be consistent with the review criteria (Exhibit A) and thereby, APPROVES the request with the following conditions: ]. The application complies with the regulations of the Federal Communications Commission with regard to maximum radio frequency and electromagnetic frequency transmissions. 2. The antennas will be painted to match the existing building and existing antennas. 3. Any lighting or signage required by the FAA, FCC or other federal entity associated with the new antennas or equipment requires review and approval by the Community Development Department to confirm compliance with local regulations. 4. A structural report to determine structural capacity of the building to carry the proposed new coax and antennas is required to be submitted to the Building Department at the time of building permit application submittal. APPR VED BY: Chris Bendon, Community Development Director 2, 2oLo Date Attachments: Exhibit A: Review Criteria Exhibit B: Application Page 2 of 2 .~. .. Exhibit A -Review Criteria Section 26.575.130.E Review Standards The following standards are designed to foster the City's safety and aesthetic interests without imposing unreasonable limitations on wireless telecommunication services facilities and equipment.: 1. Setbacks. At a minimum, all wireless telecommunication services facilities and equipment shall comply with the minimum setback requirements of the underlying zone district; if the following requirements are more restrictive than those of the underlying zone district, the more restrictive standard shall apply. a. All Facilities shall be located at least fifty (50) feet from any property lines, except when roof-mounted (above the eave line of a building). Flat-roof mounted facilities visible from ground level within one-hundred (100) feet of said property shall be concealed to the extent possible within a compatible architectural element, such as a chimney or ventilation pipe or behind architectural skirting of the type generally used to conceal HVAC equipment. Pitched-roof-mounted facilities shall always be concealed within a compatible architectural element, such as chimneys or ventilation pipes. b. Monopole towers shall be set back from any residentially zoned properties a distance of at least three (3) times the monopole's height (i.e., a sixty (60) Foot setback would be required for a twenty (20) foot monopole) and the setback from any public road, as measured from the right-of-way line, shall be at least equal to the height of the monopole. c. No wireless communication facility may be established within one-hundred (100) feet of any existing, legally established wireless communication facility except when located on the same building or structure. d. No portion of any antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not b~ anchored within any front yard area, but may be attached to the building. Staff Finding: Staff Jinds this criterion to be met. The roof mounted equipment proposed to replace the existing equipment will be in the same location. The new equipment will be painted to match the building for camouflage. 2. Height. The following restrictions shall apply: Exhibit A 620 E. Hopkins Ave. Wireless Telecommunication Application Page I of 6 a. Wireless telecommunication services facilities and/or equipment not attached to a building shall not exceed thirty-five (35) feet in height or the maximum permissible height of the given Zone District, whichever is more restrictive. b. Whenever a wireless telecommunication services antenna is attached to a building roof, the antenna and support system for panel antennas shall not exceed five (5) feet above the highest portion of that roof, including parapet walls and the antenna and support system for whip antennas shall not exceed ten (10) feet above the highest portion of that roof, including parapet walls. c. "the Community Development Director may approve a taller antenna height than stipulated in b. above if it is his or her determination that it is suitably camouflaged, in which case an administrative approval may be granted. d. If the .Community Development Director determines that an antenna taller than stipulated in b. above cannot be suitably camouflaged, then the additional height of the antenna shall be reviewed pursuant to the process and standards (in addition to the standards of this Section) of Chapter 26.430 (Special review). e. Support and/or switching equipment shall be located inside the building, unless it can be fully screened from view as provided in the "Screening" standards (26.475.130 and 26.575.130.F.5)be1ow. Staff Finding: As per Section b above, the total height permitted for the panel antennas is 5/ ' (46' tall building + S' allowable for panel antennas.) The total height for the proposed antennas i.s 53 ' 6 "as measured,from existing grade to the top of antennas. Staff determined that painting the proposed antennas to match the building will serve as a suitable camouflage to allow the height to be 53'6. " The existing panels proposed for replacement are 53'6"above grade, so there is no change in the height of the wireless equipment. Stafff:nds this criterion to be met. 3. Architectural compatibility. Whether manned or unmanned, wireless telecommunication services facilities shall be consistent with the architectural style of the surrounding architectural environment (planned or existing) considering exterior materials, roof form, scale, mass, color, texture and character. In addition: a. If such facility is accessory to an existing use, the facility shall be constructed out of materials that are equal to or of better quality than the materials of the principal use. b. Wireless telecommunication services equipment shall be of the same color as the building or structure to which or on which such equipment is mounted or as required by the appropriate decision-making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission or City Council, as applicable). Exhibit A 620 E. Hopkins Ave. Wireless Telecommunication Application Page 2 of 6 ~~y c. Whenever wireless telecommunication services equipment is mounted to the wall of a building or structure, the equipment shall be mounted in a configuration designed to blend with and be architecturally integrated into a building or other concealing structure, be as flush to the wall as technically possible and shall not project above the wall on which it is mounted. d. Monopole support buildings, which house cellular switching devices and/or other equipment related to the use, operation or maintenance of the subject monopole, must be designed to match the architecture of adjacent buildings. If no recent and/or reasonable architectural theme is present, the Community Development Director may require a particular design that is deemed to be suitable to the subject location. e. All utilities associated with wireless communication facilities or equipment shall be underground (also see "Screening" below). Staff Finding: The applicant proposes to paint the new panel antennas to match the building, which is the current condition of the equipment proposed for replacement. Staff finds this criterion to be met. 4. Compatibility with the natural environment. Wireless telecommunication services facilities and equipment shall be compatible with the surrounding natural environment considering land forms, topography and other natural features and shall not dominate the landscape or present a dominant silhouette on a ridge line. In addition: a. If a location at or near a mountain ridge line is selected, the applicant shall provide computerized, three-dimensional, visual simulations of the facility or equipment and other appropriate graphics to demonstrate the visual impact on the view of the affected ridges or ridge lines; an 8040 Greenline Review, pursuant to the provisions of Section 26.435.030, may also be required. b. Site disturbances shall be minimized and existing vegetation shall be preserved or improved to the extent possible, unless it can be demonstrated that such disturbance to vegetation and topography results in less visual impact to the surrounding area. c. Surrounding view planes shall be preserved to the extent possible. d. All wireless telecommunication services facilities and equipment shall comply with the Federal Communication Commission's regulations concerning maximum radio frequency and electromagnetic frequency emissions. Staff Findin~• Staff finds this criterion to be met. The panel antennas are proposed to replace existing panels that are located on a rooftop in downtown Aspen. The applicant proposes to Exhibit A 620 E. Hopkins Ave. Wireless Telecommunication Application Page 3 of 6 ~. d reduce the number of antennas from 14 to 6 larger antennas, which will reduce the already minimal visual impact of the equipment. Staff added a condition of approval that the equipment comply with FCC regulations described in part d above. 5. Screening. Roof-and-ground-mounted wireless telecommunication services facilities and equipment, including accessory equipment, shall be screened from adjacent and nearby public rights-of--way and public or private properties by paint color selection, parapet walls, screen walls, fencing, landscaping and/or berming in a manner compatible with the building's and/or surrounding environment's design, color, materials, texture, land forms and/or topography, as appropriate or applicable. In addition: a. Whenever possible, if monopoles are necessary for the support of antennas, they shall be located near existing utility poles, trees or other similar objects; consist of colors and materials that best blend with their background; and, have no individual antennas or climbing spikes on the pole other than those approved by the appropriate decision- making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission or City Council, as applicable). b. For ground-mounted facilities, landscaping may be required to achieve a total screening effect at the base of such facilities or equipment in order to screen the mechanical characteristics; aheavy emphasis on coniferous plants for year-round screening may be required. Landscaping shall be of a type and variety capable of growing within one (1) year to a landscape screen which satisfactorily obscures the visibility of the facility. c. Unless otherwise expressly approved, all cables for a facility shall be fully concealed from view underground or inside of the screening or monopole structure supporting the antennas; any cables that cannot be buried or otherwise hidden from view shall be painted to match the color of the building or other existing structure. d. Chain link fencing shall be unacceptable to screen facilities, support structures or accessory and related equipment (including HVAC or mechanical equipment present on support buildings); fencing material, if used, shall be six (6) feet in height or less and shall consist of wood, masonry, stucco, stone or other acceptable materials that are opaque. e. Notwithstanding the foregoing, the facility shall comply with all additional measures deemed necessary to mitigate the visual impact of the facility. Also, in lieu of these screening standards, the Community Development Director may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, fences, walls, sign and structural applications, manufactured devices and other features designed to screen, camouflage and buffer antennas, poles and accessory uses. For example, the antenna and supporting structure or monopole may Exhibit A 620 E. Hopkins Ave. Wireless Telecommunication Application Page 4 of 6 1~ A be of such design and treated with an architectural material so that it is camouflaged to resemble a tree with a single trunk and branches on its upper part. The plan should accomplish the same degree of screening achieved by meeting the standards outlined above. Staff Finding: The applicant proposes to paint the new equipment to match the building, which will reduce visibility. Staff finds that this criterion is met. 6. Lighting and signage. In addition to other applicable sections of the code regulating signage or outdoor lighting, the following standards shall apply to wireless telecommunication services facilities and equipment: a. The light source for security lighting shall feature down-directional, sharp cut-off luminaries to direct, control, screen or shade in such a manner as to ensure that there is no spillage of illumination off-site. b. Light fixtures, whether free standing or tower-mounted, shall not exceed twelve (12) feet in height as measured from finished grade. c. The display of any sign or advertising device other than public safety warnings, certifications or other required seals on any wireless communication device or structure is prohibited. d. The telephone numbers to contact in an emergency shall be posted on each facility in conformance with the provisions of Chapter 26.510, Signs, of this Title. Staff Finding There is no lighting or signage proposed with this request. Any lighting or signage required by the FAA, FCC or other federal entity will require review and approval by the Community Development Department to confirm compliance with local regulations. Staff finds this criterion is met. 7. Access ways. In addition to ingress and egress requirements of the Building Code, access to and from wireless telecommunication services facilities and equipment shall be regulated as follows: a. No wireless communication device or facility shall be located in a required parking, maneuvering or vehicle/pedestrian circulation area such that it interferes with or in any way impairs, the intent or functionality of the original design. b. The facility must be secured from access by the general public but access for emergency services must be ensured. Access roads must be capable of supporting all potential emergency response vehicles and equipment. Exhibit A 620 E. Hopkins Ave. Wireless Telecommunication Application Page 5 of 6 ••. •. e: ~. c. The proposed easements for ingress and egress and for electrical and telephone shall be recorded at the County Clerk and Recorder's Office prior to the issuance of building permits. (Ord. No. 1-2002 § 18; Ord. No. 52-2003, §§ 14, 15) Sta( Finding: The applicant proposes to replace the existing equipment with updated panel antennas on the roof. There are no changes to the existing access ways. Stafffinds this criterion to be met. Exhibit A 620 E. Hopkins Ave. Wireless Telecommunication Application Page 6 of 6 Sara Adams From: Brad Johnson [brad.johnson.w@gmail.com] Sent: Tuesday, June 01, 2010 11:20 AM To: Sara Adams Subject: Re: quick question Correct. The amplifier is a small box the size of a sheet of paper roughly and 4-5 inches thick. They are typically placed behind the antennas and in this case they will be behind the new large antennas and will not be visible what so ever. This is why I did not mention them in my project narrative but I appologize for not calling them out. Thanks, Brad On Tue, Jun 1, 2010 at 11:00 AM, Sara Adams <Sara Adams(c~ci.aspen.co.us> wrote: Hi Brad, I am working on your application and I noticed that there is a proposal to install 24 tower mounted amplifiers...where will those be located? On the roof or in the equipment space? Thanks! Sara Sara Adams. Senior Planner. t1,~ ~7i \~pCn,Lil1 South Ciulc~;a tiirrrt. ~.n.tt)~1h11 www aspenhistoricpreservation com Brad Johnson Planning & Zoning Consultants Inc. 10518 W. Cooper Drive Littleton, CO 80127 4 ~' 303-229-4681 mobile brad. iohnson.w(a~~mail.com .~. BLACK & VETCH ~~~ ©, Building a WOrld of difference: City of Aspen -Wireless Telecom (Administrative) - 5/13110 Verizon Wireless -Antenna Modification- Aspen WIRELESS TELECOM o LETTER OF INTENT Property Owner Applicant Applicant's Representative William Simpson AT&T Black & Veatch Corp. 856 Washington Street 188 Inverness Drive West, Suite 400 6300 S. Syracuse Way, Suite 300 PO Box 469 Englewood, CO 80111 Centennial, CO 80111 Monument, CO 80132 Attn: Brad Johnson (303)229-4681 Site Name: Aspen /DN4536 Site Address: 620 E. Hopkins Ave., Aspen, CO 80166 Equipment Area: 195 sq. ft. + Space on Rooftop for Antennas Parcel Area: 4,500+/- sq. ft. Parcel#: 273707332801 Zoning: Commercial (C-1) Zone District Process: Administrative Wireless Telecom Planner: Ben Gagnon Request: Administrative Wireless Telecom approval to allow the removal and replacement of antennas on an existing building rooftop in the C-1 Zone District. Reauest & Justification AT&T is a leading provider of wireless communications. AT&T is in need of replacing its antennas at an existing facility located at the above referenced site in order to ensure that adequate and uninterrupted service is maintained at all times per their License Agreement with the Federal Communications Commission (FCC) as well as provide the residents, businesses, and traveling public in the area with new and faster voice and data services. This site remains a critical component to the overall network and carries a high volume of call traffic every day making this an important site to receive these technological upgrades. Given this site is located on a building in the C-1 District, an administrative Wireless Telecom application shall be required to replace antennas to the existing facility. Modification Desian & Details The proposed installation shall consist of removing all fourteen (14) existing and replace them with only six (6) new antennas on the building rooftop. Therefore this request will result in a net decrease of eight (8) antennas at this site. The existing antennas are approximately 55" long by 11" wide and the proposed new antennas measure approximately 64" tall by 32" wide. All new antennas shall be painted to match the building. Two (2) new equipment cabinets are also proposed. These new cabinets will be located inside the existing equipment room inside the building and shall not be seen from outside the building whatsoever. In summary, the site currently has fourteen (14) panel antennas and the proposal is remove all of them and replace them with six (6) new antennas. Two new equipment cabinets need to be added inside the existing equipment room inside the condo building and will not be visible form the outside. Compliance with the Citv Land Use Code Section 26.304. Common Development Review Procedures Sec. 26.304.010. General. Site Name: Aspen /DN4536 Page 1 of 4 BLACK & VE~H y ~. Building a World of difference: A pre-application meeting was held with Ben Gagnon on 4/16/10. An application for Adminis(ra(ive Wireless Telecommunications has been enclosed and is submitted for review and approval by the City of Aspen. A Building Permit sha// be applied for when the zoning approval has been received. Sec. 26.304.020. Pre-Application Conference. A pre-application meeting was held with Ben Gagnon on 4/16/10. Sec. 26.304.030. Application & Fees. The required application fee has been included as part of this application. The following items have been enclosed as part of this application: 1) Letter ofAuthorization from AT&T. 2) Property identification information. 3) An Ownership & Encumberances report from a Title Company. 4) Vicinity Map. 5) Site Plan drawings with elevations. 6) A site improvement survey is not required. Facility is both on the building rooftop and contained within the existing building. 7) Letter of Intent demonstrating compliance with all relavent Land Use Codes. 8) Photo simulation. 9) Copy of Lease showing AT&T has a legal right to be on the property. 10) Signed Fee Agreement. Sec. 26.304.040. Initiation of Application for Development Order. Black & Veatch Corp. is making this application, as authorized representative, on behalf of AT&T who has an active lease with the property owner of record. Sec. 26.304.050. Determination of Completeness and Review by the Community Development Director. An application for Administrative Review has been enclosed for review by the Community Development Director. This request shall not require public hearing review. Sec. 26.304.060. Review of a development application by decision-making bodies. An application far Administrative Review has been enclosed for review by the Community Development Director. This request shall not require public hearing review and is considered a permitted use in the C-1 District. Sec. 26.304.070. Development Orders. Sec. 26.304.075. Building Permit. A Building Permit shall be applied for once approval has been received from the Community Development Director. Section 26.575.130 Wireless Telecommunications Services Facilities & Equipment A. Intent and purpose. The existing facility and proposed modifications shall be compatible with the surrounding development and sensitive to and in scale and harmony with the character of the area. This shall continue to be accomplished through minimizing the visual, aesthetic and safety impacts of the facility through careful design, siting and screening. The existing facility makes use of a building in which the antennas have been attached to and the equipment has been placed inside the building. 6. Applicability. The proposed modifications to an existing wireless telecommunications facility shall continue to comply with all requirements for such facilities as listed in Section 26.575.130 of the City's Land Use Code. All necessary permits and approvals shall be obtained. C. Procedure. Apre-application meeting was held with Ben Gagnon on 4/16/10. An application for Administrative Wireless Telecommunications has been enclosed and is submitted for review and approval by Site Name: Aspen / DN4536 Page 2 of 4 r^, ~ BLACK & VETCH ©, Building a WOrld of difference: the City of Aspen. A Building Permit shall be applied for when the zoning approval has been received. This facility is not located on a building of historical significance. D. Application. The following items have been submitted for review with this application: 1) Site Plan drawings showing before and after conditions. A photo simulation has also been submitted showing existing and proposed conditions as they relate to the proposed modification to an existing wireless facility. 2) A site improvement survey is not required. Facility is on the building rooftop or contained within the existing building. 3) A landscape plan is not applicable. Facility is both on the building rooftop and contained within the existing building. 4) Elevation drawings have been provided. 5) A lighting plan is not applicable. No lighting is required for this facility. 1,\_,_ _ 6) A structural report shall be provided at the time a Building Permit is submitted. _~, 7) The application shall comply with the regulations of the Federal Communications Commission with regard to maximum radio frequency and electromagnetic frequency emissions. 8) The existing facility makes use of a building in which the antennas and equipment are mounted to. 9) The existing facility makes use of a building in which the antennas and equipment are mounted to and therefore complies with highest siting preference. 10) Apre-application meeting was held with Ben Gagnon on 4/16/10. This site continues fo be an important coverage site for AT&T. Without this site, AT&T would have a significant gap in coverage in the City of Aspen. E. General provisions and requirements. 1) The existing facility makes use of a building in which the antennas and equipment are mounted to and is an allowed use in the C-1 Zone District. 2) The building mounted facility complies with the City's highest preference for facility siting. 3) AT&T operates in a licensed spectrum therefore minimizing the changes for interference. 4) The existing facility and proposed modification shall have no impact in airports or flight paths. 5) This facility is not located on a building of historic significance. 6) The existing facility is not located on a public building, structure or public right-of--way. 7) The existing facility is not collocated on a tower. 8) The facility is maintained in a safe and clean manner. 9) The facility shall be removed if the site is no longer needed. F. Review standards. 1) The existing facility has antennas located on a building rooftop with the equipment inside the building and therefore complies with all setback requirements. 2) The proposed antennas shall be mounted at the exact same height as the existing antennas. 3) The existing and proposed antennas shall be architecturally compatible with the building they are mounted to. All existing and proposed antennas shall be painted to match the building. 4) The existing facility has antennas located on a building rooftop with the equipment inside the building and therefore compatible with the natural environment. 5) The existing antennas are located toward the middle of the building rooftop and therefore minimizes their visibility. The proposal is to significantly reduce the number of antennas currently on the rooftop which will also help minimize any visual impacts as evidenced by the photo simulation. ~~ ~~6) No lighting or signage is proposed with this request unless required 6y the FAA, FCC or other federal entity. 7) The existing facility has no impact on access ways. Section 26.710.150 Commercial (C-1) Zone District A. Purpose. The proposed modifications to an existing rooftop mounted wireless facility shall not change the current mixed-use nature of the property. B. Permitted Uses. A building mounted wireless facility is an allowed use in the C-1 Zone District. Site Name: Aspen / DN4536 Page 3 of 4 BLACK & VE~CH r. ~, Building a WOrld of difference: C. Conditional Uses. A building mounted wireless facility is an allowed use in the C-1 Zone District. D. Dimensional Requirements. 1) Minimum Lot Size. The existing wireless facility and proposed modifications shall have no impact on the property's lot size. 2) Minimum Lot Area Per Dwelling Unit. The existing wireless facility and proposed modifications shall have no impact on the lot area per dwelling unit. 3) Minimum Lot Width. The existing wireless facility and proposed modifications shall have no impact on the property's lot width. 4) Minimum Front Yard Setback. The existing wireless facility and proposed modifications shall have no impact on the current front yard setback. 5) Minimum Side Yard Setback. The existing wireless facility and proposed modifications shall have no impact on the current side yard setback. 6) Minimum Rear Yard Setback. The existing wireless facility and proposed modifications shall have no impact on the current rear yard setback. 7) Minimum Utility/Trash/Recycle Area. The existing wireless facility and proposed modifications shall have no impact on the current utility, trash or recycle area. 8) Maximum Height. The existing wireless facility and proposed modifications shall have no impact on the current height of the building or rooftop antennas. All new antennas shall be mounted at the exact same mounting height as the existing antennas. 9) Minimum Distance Between Buildings. The existing wireless facility and proposed modifications shall have no impact on the distance between buildings. 10) Public Amenity Space. The existing wireless facility and proposed modifications shall have no impact on the public amenity space. 11) Floor Area Ration. The existing wireless facility and proposed modifications shall have no impact on the current FAR. 12) Maximum Multi-Family Residential Dwelling Unit Size. The existing wireless facility and proposed modifications shall have no impact on the current dwelling unit size. 13) Maximum Lodge Unit Size. The existing wireless facility and proposed modifications shall have no impact on the current lodge unit size. 14) Commercial/Residential Ratio. The existing wireless facility and proposed modifications shall have no impact on the current commercial to residential ratio. Section 26.575.020(B)1(d) Calculations and Measurements d. Chimneys, antennas and other appurtenances. Antennas, chimneys, flues, vents or similar structures shall not extend over ten (70) feet above the specified maximum height limit, except for roofs with a pitch of 8:12 or greater, these elements may not extend more than two (2) feet above the ridge. Both the existing and proposed antennas mounted to this building's rooftop shall not extend above the roofline by more than 10 feet. Summary As demonstrated above, the AT&T proposal shall comply with all standards and requirements as listed in the Town's Zoning Ordinance for granting administrative approvals for modifications to existing building mounted facilities in the C-1 District per Section 26.304, Section 26.710.150, Section 26.575.020(B)1(d) as well as for wireless telecommunication facilities in Section 26.575.130. The integrity of the ATBT network continues to rely on this site and this site shall continue to comply with the intent of the City's Zoning Ordinance. The proposed modifications shall not cause any visual or other negative impacts on the area and shall be extremely minimal in nature while at the same time, offering the residents, businesses, and traveling public with better and faster voice and data technologies. Brad Johnson Site Acquisition & Zoning Specialist Consultant for AT&T Site Name: Aspen / DN4536 Page 4 of 4 ~-- i W / ~ ~ I N I , L ~ ~ {~7 ` S r 1'~1' x G W M ~ ~ a Q~ ~ ~N' ICI ~_~99 }NO ~ ~ ~N~~ _ w W ~ j ~ ~.CN ~.~' ? I oYa ~I a: ~ o ~ Z o z o avap~~ \ ~_ ~ rn z r _ ! ¢~ ~ ~ o cn W w j„_ 'uu I I .~^j c~~M o Q~SZ I N J w I ~ a' ~ I _ ~ Z m G W ~A fn d~ ~ ~ N I - `- ~ ~ o s ~ ~ ~ ', - ~ W ~ 3 ~ U n ~ ~ Z t,.l Q ~ ~ p a ~ ! ',-~- , I I` ~- ~ i a o u ` ~ ~ I I .~ 9 ~',r ~•~ ~~ 'r ?. _/ ~. +0 i ~~ y.- . ; i' N y ~~ "~ ~,~J• \~/ s,~''~ ~` ~LL '~~PI~ `I N° I Nzw ~ cW" ~~~ F Y ~ G U 1 .. .. 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V V y l I F' I~ - r' ~ I I ' ti F t I \\ 1 r n ~ C ~ f I 1 I I re- r - ' '~_ I r tt 1 I < ry r '~ l 1 r ~ ~ it y ~ F J ~ ~ l ~ - 1 ~i ~ J r -~ _ il h ~ i k { .....~..~~ .,O,~9bn z~ `T -.f$ O h b I II O a' n N /y~~ ~.'/-~ ~\~\ O ¢WL~ zZp Z2N5 ww¢O r 2010 View facing southwest from alley ~ BLACK & VEATCH Building a yyp~d of diNerence~ This is a photo simulation and is designed to represent to the proposal to the most accurate extent possible and is not intended M be an exact representation. o Proposed View ~ ~ .~ ~~~ ,~ ~ ~ r ~ ~ ~- / 1. - .,~ ~ `_;. ~. c~. ~ti y 1 i r~ ('°"~ ~1 m i = I D c~ -~ . `~- r_ t E Y = ~T - '_ ~c ,~P .i a, ~, ~~ {3~- li ---~ -- -.- ~ .~_ 4 '/ ~ L r ~ ~, b _ ~ -~. ~` • V~ ~~ ""-ra • a`te` b :x ~~:~ .; ~t-r ~ ~. r _ ~ ~ 3 ~ t ~ ~ ' Vr• .E 4 _ a„ am _ C /) & ~ W _ ___ € O s-".---"-----^ _.. _.. _.. ~ ~a I/~~ .ry -., _. _.. ~.t1J , 1 _..... ~ _.._._ _-.. ~ ~. \ _.~- :. _._ .4 Cf _ f~ r-. ~ 620 East Hopkins Condominium Association, Inc. 620 E. Hopkins Avenue Aspen, Colorado 81611 970.390.4383 May 20, 2010 The City of Aspen Attn: Community Development 130 S. Galena Street, 3`d Floor Aspen, Colorado 81611 Re: Proposed antenna upgrade at 620 E. Hopkins Avenue, Aspen, Colorado To Whom It May Concern: Stewart Title Company, as owner of 100 percent of the units in the 620 E. Hopkins Condominiums, has consented to the proposed antenna upgrade by its tenant, New Cingular Wireless PCS, LLC (as successor in interest to AT&T Wireless), at its the building located at 620 E. Hopkins Avenue. Pursuant to the attached plan (the "Plan") titled "ASPEN DN4536 / COU4036 at~t MODIFICATION ROOFTOP" the proposed antenna upgrade consists of the follows: 1. Removal of all fourteen (14) of the existing antennas; 2. Installation of six (6) TENXC UMTS antennas (which have the dimensions of 64" x 32" x 9"); 3. Installation of twenty-four (24) Tower Mounted Amplifiers and twenty-four (24) 7/6' coaxial cables and one 3/6" power cord; and 4. Equipment cabinet additions within the equipment space. The Association has reviewed this proposal and approves and consents to the proposed modifications within the parameters outlined above and as more fully delineated on the attached Plan. ~,, ~, The City of Aspen PAGE TWO May 20, 2010 820 East Hopklna Condominlum Association, Inc. Please do not hesitate to contact us should you have any questions or require further documentation. Thank you. 620 East Hopkins Condominium Association Inc., a Colorado cosp its EEA:jc cc: Stewart Title Company New Cingular Wireless PCS, LLC c/o Rick Holpp, Site Dynamics Inc. via email: rholpp@sitedynamicsinc.com New Cingular Wireless PCS, LLC c/o Ken Olson 188 Inverness Drive West, Suite 400 Englewood, Colorado 80112 4+ ~./ BLACK & VEATCH Building a WOf~d of difference: Stewart Title Attn: Sandy Capell 620 East Hopkins Avenue Aspen, CO 81611 May 11.2010 Re: Request for Landlord Consent to construct proposed antenna upgrade at 620 E. Hopkins Avenue, Aspen, CO 61611 for current Tenant: New Cingular Wireless PCS, LLC (successor in interest to ATBT Wireless) Site Name /Number: Aspen I COU4036 Ms. Capell New Cingular Wireless PCS, LLC ("Cingular") leases and operates a Commercial Mobile Radio Services facility at the above-referenced property owned by Stewart Title. In an effort to upgrade technology at this site, Cingular wishes to remove all fourteen (14) of the existing antennas and replace with six (6) TENXC UMTS antennas, which have the dimensions of 64" x 32" x 9". In addition to the antennas, there will be twenty-four (24) Tower Mounted Amplifiers, twenty-four (24) 7/8' coaxial cables and one new 3/8" power cord. There will also be some equipment cabinet additions within the equipment space. Please see attached drawings to view the proposed improvements. If the proposed modifications are acceptable, please sign this letter below, signifying your consent and approval of the attached drawings and the proposed work. This consent will also give Cingular permission to submit for any necessary permits. No additional agreements or amendments will be necessary as antenna replacements, additions and upgrades are allowed per Schedule 1 of the 3`" Amendment. Once signed, please fax a copy to (303) 997-8124 and mail the original to the Black 8 Veatch, C/O Mike McCreedy, 6300 South Syracuse Way, Suite 300, Centennial, CO 80111. If there is additional information necessary for consent, please let me know what information to provide by emailing me at rholpoCcpsitedvnamicsinc com or calling me at 303-681-1185. Your time and consideration are greatly appreciated. Landlord Consent: STEWART TI E ComPProY _ ~ ~~ 1 Signature ha ~ 1~ - Grote V;re `Y5'as~~'G Printed Name & Title ~2o~2ptp Date Sincerely, Rick Holpp Site Acquisition Specialist Independent Contractor for Black & Veatch (on behalf of New Cingular Wireless PCS, LLC) (1300 Sou[h Syracuse+Nay, Suite 300 ('enrNnniai, Colorado 80111 f)n~ect (303) 681-1185 ~a,:(303}997-8124 =:: rhoipp~c sitedynamicsinccom Blade & Veatch Corporation ~ 6300 S. 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THE CITY OF ASPEN Land Use Application Determination Of Completeness Date: May 26, 2010 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number, name, and property identification number assigned to this property aze 0020.2010.ASLU, 620 E. Hopkins Avenue and 2737-073-32-801, respectively. I will be handling this case. ^ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. 2. 3. 4. 5. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ^x Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2778 if you have any questions. T pk You, S a Adams, Senior Planner City of Aspen, Community Development Department G:\NEW G DRIVE FOLDERS_CITY\PLANNING\Land Use Cases\Current\Sara\620_e_hopkins\CompletenessLetter_620ehopkins.doc ~, .~. Jennifer Phelan From: Jennifer Phelan Sent: Friday, May 14, 2010 5:06 PM To: 'brad.johnson.w@gmail.com' Subject: Wireless Application Hi Brad: I just reviewed your application and we need a letter of consent from the HOA for your application. The building is a condominium form of ownership and the roof location is a common element. I'm assigning this case to Sara Adams, so please provide her the letter. Her email address is Sara.AdamsC~ci.asoen.co.us . Regards, Jennifer Jeau~.%f'er ~he.7.a.w, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.asoenpitkin.com ~.. -. ATTACHMENT 2-LAND USE APPLICATION PROJECT: Name: AT&T- Location: 620 E. Hopkins Avenue, Aspen, CO 80166 (Indicate street address, lot & block number, Parcel ID Name: AT&T Address: 188 Inverness Drive West, Suite 400, Englewood, CO 8011 Phone #: REPRESENTATIVE: Name: Brad Johnson for Black & Veatch Corp. & AT&T Address: 6300 S. Syracuse Way, Suite 300, Centennial, CO 80111 Phone #: 303-229-4681 / brad.johnson.w@gmail.com TYPE of APPLICATION: (please check all that apply): ^ GMQS Exemption ^ Conceptual PUD ^ Temporary Use ^ GMQS Allotment ^ Final PUD (& PUD Amendment) ^ Text/Map Amendment ^ Special Review ^ Subdivision ^ Conceptual SPA ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/ Expansion ^ Residential Design Variance ^ Lot Line Adjustment ® Other: Wireless Telecom ^ Conditional Use L~'XIST[NG CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Multi-Family Residential Building and Rooftop Wireless Telecom Facility PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Remove all 13 existing rooftop mounted antennas and replace them with 6 new antennas. Have you attached the following? FEES DUE: $ 735.00 ® Pre-Application Conference Summary X^ Attachment #1, Signed Fee Agreement ® Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ^ 3-D Model For large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of [he application. Large scale projects should include an electronic 3-D model. Your pre-applicafion conference summary will indicate if you must submit a 3-D model. .~- ~, ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: AT&T -Aspen (DN4536) Applicant: AT&T Location: 620 E. Hopkins Avenue, Aspen, CO 80166 Zone District: Commercial (C-1) Zone District Lot Size: app Lot Area: 4 oD (for the pifrposes of calculating Floor Area, Lot Area may be reduced for dR 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: N/A Proposed: No Change Number of residential units: Existing: 13 Proposed: No Change Number of bedrooms: Existing: N/A Proposed: No Change Proposed % of demolition (Historic properties only): N/A DIMENSIONS: Floor Area Principal bldg. height Access. bldg. height On-Site parking Site coverage Open Space Front Setback Existing: ~~}' Allowable:~Proposed:No Chance Existing: 46~ Allowable: ~{Ol Proposed: No Change Existing: l) Ft~Allowable: N~ Proposed: No Change Existing: Required.•~ Proposed: No Change Existing: NA- Required: Proposed:No Change Existing:~~Required: /t//}- Proposed: No Change Existing: ~/ /_~~Required: N/~ Proposed. No Change Rear Setback: Existing:~l_~Required: IJ ~ Proposed: No Change Combined F/R: Existing: N /} Required: ~N. -Proposed: No Change Side Setback: Existing: ~ ~- Required: NR Proposed: No Change Side Setback: Existing: ~_Required: /~l ld' Proposed: No Change Combined Sides: Existing: ~~ Reyuired:~lU~~Proposed:NoChange Distance Between Existing ~11 /Required: 1 ° }{ Proposed: No Change Buildings Existing non-conformities or encroachments: None Variations requested: None ~~ ~., ~,.. ,~ RFcF~~ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTM T ~qY j ¢ ~o C((yy~~~~~~~Y pF Z0j0 Aareemeat for Payment of City of Aspen Development Application FeeSrrA/(/Ar~ ~S,p~ CITY OF ASPEN (hereinafter CITY) and Black & Veatch Coro. -Telecom (AT&T Turf Proiectl ~`jr,C;~,~, cHr (hereinafter APPLICANT) AGREE AS FOLLOWS: ~f 1. APPLICANT has submitted to CITY an application for Wireless Telecommunications -Administrative (for 620 E. Hopkins) (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent [o a determination of application completeness. 3. APPLICANT and CITY agee that because of the size, nature or scope of the proposed project, it is not possible at this time [o ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agee that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agees he will be benefited by retaining Beater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs aze incurred. CITY agrees i[ will be benefited through the Beater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agee that it is impracticable for CITY staff to complete processing or present sufficient information [o the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning 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 agees that in consideration of the C[TY's waiver of its right to collect full fees prior to a determination of apnlication completeness, APPLICANT shall pay an initial deposit in the amount of $ 735.00 which is for three (3) hours of Community Development staff time, and if actual recorded costs exceed the 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 $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agees that failure to pay such accrued costs shall be Bounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Chris Bendon Community Development Director APPLICANT By: O _ Date: Billing Address and Telephone Number: 6300 S. Syracuse Way, Suite 300 S'entennial, CO ROl l l 720-834-4200 rr BLACK & b•cATCH ©, Building a WO~Id of difference: May 13, 2010 Via Priority Mail ~~ Attn: Jennifer Phelan City of Aspen V ",~~ D Community Development Dept MAY . 1 C O ~ Aspen, CO 81611 ~ F p ~ / ~, 'w ~v, ~M RE: Wireless Telecom Application Site Address: 620 E. Hopkins Avenue, Aspen, CO Parcel #: 273707332801 ATB~T Site Name: Aspen/DN4536 Dear Jennifer, I am writing to you on behalf of AT&T which has a wireless communications facility located on or within the Property at the above referenced location. AT&T would like to modify its antennas on the existing site and enclosed 2 copies of the necessary application and submittal requirements per apre-application meeting with Ben Gagnon. I have enclosed the following: 1. Land Use Application 2. Dimensional Requirements Farm 3. Agreement for Payment Form 4. Check for $735.00 5. Letter of Authorization 6. Pre-Application Meeting Summary 7. Copy of AT&T's Lease and Amendment with the underlying property owner 8. Title Report 9. Detailed Project Narrative 10. Vicinity Map 11. Photo Simulation 12. Drawings Please let me know if you need anything else in order to process this application. I can be reached at 303-229-4681 or via email at brad.johnson.w@gmail.com. Sincerely, Brad JoYfnson Site Acquisition & Zoning Specialist Independent Contractor for Black and Veatch Corporation Consultant to Verizon Wireless Site N ime: Aspcu / l N4536 P agc I ut I ~ ~ b Q Np ~ ~ e 5 ~~~ys ~ s~7~d1 !$ ~ 8 ~ ~ ~ R a~~ If ~tl 6IF ~ ~ ~~S~pJ e~~ yn~s ~ ~ y q ~ //11 [3~ ®® pi ~ d ~~~1~ ~ ~ E ~ d ~' ~ ply ~~e g a • 8 •i $ ~ ~ y~ 2~~ kpaa bFi Y 4 ] i i [ ~/ M }~ Z o Z p ~"~ ~ O W V C ~ U ~i ` O ~ O a M ~ ~ ~ ~ N ~ CC L g 0 0 ~~ i p s` 5~a~ 1 @~~~ S ~~ I y ...b~n~ {7} `!Q ~ ~ b ~ ail ~ ;, s Q ~ f~/ J ~~ i .._ t i\ 1 ~.. ~,1~„ , ~ ,- i ~ t: ~~ r _ Y 5~~ ~ ~, '1 ~. ~ ~', r.. ~ ~ .._ ~. 6 U -~ > ~ ,~ y _..~ ~._~ .f ~ ~ ._..,. tt ,~,:.~- ~ a ~;~ n b ~_ pb~ ~s z ~Ya ~ pg4 a ~ °~ s- , 4 w t g z ~~ a °~q@~gp~~g ~ y~`t N ~Eegyy i gg' 'q- $ ~ y .. ~ ~'p ~ ~ ~ ~y ~ ~~~ #lA~~~ ~i1~8 Fe {~~ ~ ~ d § 9 B ~ ~ R ! ~ Q ~ ~ g F B O U K O ~~s ~ Q a e ~ ~~- ~ 95 s ~ ~~a z ~~ a 98 i E •`-_ ~ yk y ~~ ~ E ~ f C .~~ ~ ~ a ~ 5~ ~ ~ ~ o°; ~~~ss o ~ ~ a d ep ~§s ~ ~~~ ap s~~d! e9 i ~ "=<C OJ ~ <n$iQ ~ p R N O~~Y ~~e o 4 0 •y d e~~ ~ ~ ~ .. ~g~~~~ ~~a~a~ :. - ---- L-- ~ ~. ~. ~_. 7' i _~_ yy~ 'f L_._ F. ~~ ~v ~I ~ ~ .. k. ~Z~ f y .q 4 x p ,~ ~ . ~ ~ Q ~ ~g 9 of~ J ~ s<n; o g ~~~~ ~ge 8 6 {~ ~ ~ p p~fp0~ i~~ i ~~7a ~ '^ d m ~ $ ~ • 1 ti ` 1 n i` 5 e F ~ ~ Q w ~" [ ~~~~ u~= ;;Y ~~ I \' .3 ~\ ~I , I ~ ~ F,` '/ S S ~ ~~~~ ~ ~ c: ' tl } Ip I t l (~ p 5 ~y lP F ~ ra: /'i :T ~' g ~ R ~9~ r ~~ q~ ~~ 5 ~~ II ~ 3 ~ o 9 8 oo~J ~s~~drs ~B ~O ~g~i ~'~~ "9f ~ <e a =~s°~ 3^~irc ; ~ ~~ u5 ~ ~ N J s ~ ~~~ ~~ ~ ~ ~ A J O1~OO~ ~ ` ~ ~ $ ~ / ~ . o N ~ ~ h >~ y •~ 'I 11' ~ ~ ~ IG^VII 1. .....' ~ `fin .~, ,J t 1 '- ~~ 3 ~~_ J ~ -I r- r ~. -. a .~Y r---._:- r_-~, . _ ..-u~~ .~ I~ '' s. ~~~ ,~~. 1~~ L _ - - r I ~_ ~ ~~ - '- J ~ 5I "`~ ~ ~~ ;~ i .~ r ~, 1 I ~--- -r..-..-------..- ~-- ,: :;_ ',~f. ~n ~t h l~( ~', ~~, ff~~' d~a ~L4 .~ ,1, a 4a I~; p 6$ R yc F qI I ,1 ~ p V nYtY/ 1 a~~ ~ ~~° a LJ v'~ ~~ ~': 9 i` 6 ., tl° ', At 6A V r6~ ~ R E3'{Frnn.~ ~~ aa~ ~~ ~~ ~ ~~~ ~ 5~~~~~9 ~~ ~~ ~~~b~`g ~ ~ ~ ~ ~ t ~ ~ ~ q ® 9a ~ja R~~ Ev ~¢! R~ ~,'§#~5 3 3 3 ~ 3 3 bE R a~ pp~ g 9 ~ @~ g@Eg4 99 e~ ~~ ~~a$ ~ k $ 8 ~ k k ~~ i a d EIS D ~g~~ 3i~ 3~9tp~R d °~~~ ~ 4 i i i i i ~~ ~ ~ ~~ a ~~ d~ i4a~~~ ~ a L~ Rq .@ N b E e a a ~~ 9 4 4 9 L 7~7 S E r~ ~~ p ~~~ ~ ~~~~~ p ~ V V 9 5 i 5 1. $ R Ty § S; ga ~a 9 ~ 4 ~ ~a i ~ 3,E ~ d ~ EE E E E E ~~ a a ~ ff '~' ~ . ~ m ` ~ o ~nz °o,°, ~ G ep: °68! ~, ~ 0'f'T T ~ g i a ~ E ~ ii[r7i ~ ~ ~ ~ ~ Sr~ ii o a ~ ~ ~ ! GnTF~ ~ ~~~ .~ --~ .,,r at$tt Riek Sullivan -Rocky Mountain Real Estate Manager - 188 Inverness Dnve west - Suile 400- Englewood, CO 80112 phone 303-643-3616 -fax 303-643-3707 ~~F/~ /~ ~+~ qy1 ¢1~ FQ ~pF ~0 Letter of Authorization pc,'gSppp,~~H To Whom It May Concern: AT&T (New Cingular Wireless PCS, LLC, d/b/a Cingular Wireless), hereby authorizes Black & Veatch Corporation with an address of 6300 S. Syracuse Way, Suite 300, Centennial, CO 80111, its attorney's, agents, or representatives to represent AT&T in real estate transactions and make any necessary zoning petitions including the filing or building permit and other land use permits and or applications. Rick Sullivan LL A' Its: /j Gal ES lal~2 ~ ~OnS f~~(ctron /1lu,Q~~ U ~ ~~ Date Gmztiil -Pre app ,,,.. ~. Gail W~:,r+yl: Pre app 3 messages Ben Gagnon <Ben.Gagnon@ci.aspen.co.us> To: brad.johnson.w@gmail.com Brad, Fri, Apr 16, 2010 at 12:36 PM Pre application form is attached. Let me know if you have questions. I'm out of the office from 4/22 through SI10. Thanks, Ben Gagnon Special Projects Planner Community Development Dept City of Aspen 970.429.2755 Pre App 620 E Hopkins.doc 38K Brad Johnson <brad.johnson.w@gmail.com> To: Ben Gagnon <Ben.Gagnon@ci.aspen.co.us> Thanks Ben. How long typically does the review and approval on something like this take? Also, can I mail you the application? To your attention? Thanks, Brad Johnson Independent Contractor for Black & Veatch Corp. 303-229-4681 mobile brad.johnspn.w@gmail. com [(lwted text hidden] Page 1 of 2 Brad Johnson <brad.johnson.w@gmail.com> Fri, Apr 16, 2010 at 12:58 PM http://mail.google.com/mail/?ui=2&ik=ed42be l Odc&view=pt&q=ben&search=query&th-1... 5/3/2010 Gma~il -Pre app Page 2 of 2 ,.-~, ti~ Ben Gagnon <Ben.Gagnon@ci.aspen.co.us> Fri, Apr 16, 2010 at 1:08 PM To: Brad Johnson <brad.johnson.w@gmail.com> If the Director doesn't see any visual impact issues, it should take a week or two just to get to his desk and off it again. If there are issues, it depends ... Make sure to include the previous land use approval that allowed the array in the first place. You can mail the application to: Jennifer Phelan Deputy Director Community Development Dept City of Aspen 130 S. Galena Aspen CO 81611 From: Brad Johnson [mailto:brad.johnson.w@gmail.com] Sent: Friday, April 16, 2010 12:59 PM To: Ben Gagnon Subject: Re: Pre app [Quoted text hidden] http://mail.google.com/mail/?ui=2&ilc=ed42be l Odc&view=pt&q=ben&search-query&th=l ... 5/3/2010 -~ ,~+ CONDOMINIUM DECLARATION FOR THE TOTEMS A CONDOMINIUM °' m R~~ , 1999 b GRANITE THIS DECLARATION is made this oZ!P __ day of 'A Y PROPERTIES INCORPORATED (hereinafter called the "Declarant"), Description: County of Pitkin, Stale of Colorado: Lot P and the F.as[erly One-Half ('/:) of Lot O, Block 98, City and Townsite of Aspen; also known as 620 East Hopkins Avenue, Aspen, Colorado 81611 ([he "Property"). RECITALS A. Declarant is the owner the Property in the County of Pitkin, Stale of Colorado described above, and B. Declarant wishes to create a Condominium Common Interest Community in which pofions of the Property. described above, aze designated for separate ownership and the remainder of which is designated for common ownership by the owners of [he separate ownership poRions. The name of the condominium community created hereby is "The Totems, a Condominium." C. There is currently wnstruc[ed on the Property improvements consisting of one (1) structure containing two (2) separately designated commercial condominium units on the first floor, six (6) separately designated storage condominium units in the basement, and five (5) residential condominium units on the second, third and fourth floors which are Residential Units as hereinafter defined, Parking Space Units Numbers One, Two and Three and all of the remaining property. D. Declarant wishes to establish a plan for [he ownership in fee simple of the condominium estates subject to the easements, restnc[ions, reservations, rights-of--way, conditions, taxes, and assessments of record, and reservations in this Declaration consisting of the area or space contained in each of the air space units located in the building improvements, and the co-ownership by [he individual and separate owners thereof as tenants-incommon of all of the remaining property (except such properly as is otherwise reserved herein), which property is defined below as the Common Elements. I II'lll VIII IIIIII IIII i~illl~ IIII IIIIII III I'I'I IIII IIII 420011 04/12/1000 06i00P fbN00 DE DIMS SILVI 1 of 44 R 221.00 D 0.00 N 0.00 PITNIN COUNTY CO 1. DEFIPiITI0N5. ].1 1D1. "Act" means the Colorado Common Ownership Interest Act, Article 33.3 of Title 38, 1973 Colorado Revised Statutes, as amended. Each capitalized tens not otherwise defined in this Declaration or on the Plat of The Totems Condominiums shall have the meanings specified or used in the Ac[ unless otherwise modified herein. 1.2 ®rL1C1@;<. "Articles" means the Articles oflncorporation ofthe Association. 1.3 Association. "Association" means The Totems Condominium Association, a nonprofit corporation organized under the laws of [he Slate of Colorado, of which all Owners of ONts shall be members, and which shall be chazged with the management and maintenance of the Project. 1.4 Associatlon Prooerty. "Association Property" means all property owned by the Association. 1.5 B.OBLd• "Boazd" means the board of directors of the Association, and is the board designated herein to act on behalf of the Association. 1.6 HLjldlRe. "Building" means [he building improvement comprising a part of [he Project, including the basement floor, floors one (t) through three (3), and any other building improvements comprising a part of the Project and containing [he Units. 1.7 1;vlsws. "Bylaws" means the Bylaws of the Association. 1.8 Commercial Units. "Commemial Units" shall mean all commercial units in [he Building, including Units 6 and 7. L9 om on Fleme ts. "Common Elements" means all of the Project, except the portions thereof which constitute Units or Association Property. The Common Elements shall be owned as tenants-incommon by the Owners of [he separate Units, each Owner having an undivided interest in such Common Elements as hereinafter provided. 1.10 _ommon F.xoe°ses. "Common Expenses" means and includes: A. Expenses of administration, operation and management, repair or replacement of the Common Elements and Association Property ofthe Project; B. Expenses declazed Common Expenses by the provisions of this Declaration or the By-Laws of the Association including -2- I I"III 1'III IIIIII I"I IIIII~I IIII'III'I III "II' II'I IIII 429011 04/12/1900 09.0UP CDNDO DE DIMS SILVI 2 of 49 R 227.00 D 0.00 N 0.00 PITKIN COUNTY c0 ~, -~ hazazd insurance For loss to [he Common Elements, [he Association Property and the Units; C. All sums lawfuLLy assessed against the Common Elements and Association Property of the Project by the Board oC the Association; D. Expenses agreed upon as Common Expenses by the Association; and E. Expenses as are provided N any management agreement executed by the Board. 1.11 (' dominium Unit "Condominium Unit" means fee simple title in and to a Unit, together with the undivided interest in the Common Elements appurtenant to that Unit hereinafter described. 1.12 Declarant. "Declazant" means Granite Properties Incorporated, a California corporation ("Declarant"), and its successors and assigos as [he terms "successors and assigns" are herein limited. A patty shall be deemed a "successor or assign" of the Declarant, only if specifically designated in awritten and duly recorded instrument as a successor or assign of Declarant under this Declaration and shall be deemed a successor or assign of Declarant under this Declaration only as [o the particular rights or interests of Declarant under this Declaration which aze specifically designated in the written inswmmt, except that a party acquiring all or substantially all of the right, title and interest of the Declarant in the Project by foreclosure, judicial sale, banlwpicy proceedings or by other similar involuntary transfer, shall automatically be deemed a successor or assign of the Declarant, as Declarant under this Declaration. 1.13 e+iaration. "Declaration" shall mean this Condominium Declaration, together with any supplements or amendments thereto, and any plats or maps oC the Project which have been recorded in [he office of the Clerk and recorder oC Pitkin County, Colorado. 1.14 r t (' Flem nt_. "General Common Elements" or "Common Elements" or "G.C.E." are [he Common Elements reserved far use by all the Owners by virtue of not being Limited Common Elements and means all of the project, as hereinafter defined, except the portions thereof which constitute Units, and also means all parts of [he building or any facilities, improvements and fixtures which may be within a Utut which aze or may be necessary or convenient to the support, existence, use, occupation, operation, maintenance, repair or safety of the building, or any pan [hereof; or any other Unit therein. Without limiting the generality of the foregoing, the following shall constitute General Common Elements: 3- 111111 (IIII 111111 IIII 1111111 IIII 111111 III IIIN IIII Iill 42!013 04/12/1099 04.00P WNDO 06 DRVI9 SIWI 3 ei 44 R 221.00 0 0.00 N 0.00 PITKIN COtMrV CO ~ ~^, .. L14.1 all of the land and easements which aze part of the property, including the garden area providing access to the Units, and all facilities designated as Ocncral Common Elements on the Condominium Map; 1.14.2 all foundations, columns, girders, beams, supports, and all other structural components of the building lobbies, enVances and exits, exterior walls of the building, main or bearing walls within the building, supporting walls, fire walls, floors, main or bearing subflooring, ceilings, windows, exterior doors of a Unit, chimneys, roofs of the building, access corridors, fire escapes, stairs or stairways, and halls necessary to [he safety, maintenance or common use or access; 1.14.3 all utility, service and maintenance rooms, space, fixtures, apparatus, installations and central facilities for power, light, gas, telephone, television, hot water, cold water, water conditioners, heating, snowmelt systems, refrigeration, air conditioning, trash incinem[ion or similaz utility, service or maintenance purposes, including, but not limited to, furnaces, tanks, pumps, motors, fans, compressors, flocs, vents, similar fixtures, apparatus, installations and facilities, sprinkler systems, janitor's closets, and general storage rooms; 1.14.4 all interior and exterior guttees and vertical roof drains, pipes, wires, ducts, cables, wnduiLS, public utility lines and installations of all utility services, including, but no[ limited [o, power, light, gas, hot and cold water, and heating; and 1.14.5 all other parts of the Project used in common by [he Owners, or convenient to [he Project's existence, maintenance and safety; except: (a) portions of [he Project contained entirely within and servicing only one Unit; and, (b) portions of the Project which are designated as Limited Common Elements under [his Declaration or on the Map of the Project. 1.14.6 My short or long term use o(the General Common Elements, for storage or any other purpose, with permission, as required under this Declaration, will not constitute [he acquisition of title thereto or reclassification of such pan of the General Common Elements as Limited Common Elements. 1.14.7 The Limited Common Elements or L.C.E. shall bo identified herein or on [he Map, and designated as appurtenant to a particular Condominium Unit herein, or on the Map or in a deed from the Declarant. My door, window, balcony, porch, patio, window well and the area dug out for the window well, fireplace, deck or yard areas, pazking spaces, and storage lockers which are accessible from, associated with and adjoining a Unit, or areas identified as Limited Common Elements on the Map, and designated as appurtenant to a particular Condominium Unit, shall, without further reference thereoQ be used in connection with the Unit to which it is appurtenant to the exclusion of the use thereof by the other Owners, except by invitation. q. I I"III "III'lllll II'I IIIIIII'lll III'll III 11111'1'1 IIII 429011 04/12/1999 04.08P CONDO DE DRVIB 9ILV1 4 ei 94 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO r^ -^'~ ~.. ../ I.15 ~• "Map° meafla the Condorttinitmt Map referted to in Article 2 below. 1.I6 Manaeiae Aeent. "Managing agenP' means any persoq corporation, partnership, association, firm, or any other legal entity employed by the Board to perform the management and operational functions of the Project. 1.17 Member• "Member" means those persons or entities, including the Declarant, who are the Owners, from time to time, of the Condominium Units and hold a membership in the Association by virtue of such ownership. 1.18 a2[tYa0e d h ortpgg and Fir t Mort¢ape and First Morteaere. A "Mortgage" shall mean a mortgage or a deed of trust or stmdaz secunty interest encumbering a Condominium Unit and a Mortgagee shall mean the person or entity who is the mortgagee or beneficiary [hereto. A "First Mortgage" means a Mortgage in a position of Errs( priority on [he Condominium Unit i[ encumbers and First Mortgagce shall mean a Mortgagee whose Mortgage is in x position of first priority. All other Mortgages will be defined as "junior Mortgages." Ll9 Owner. "Owner" means the person or persons, or entity or entities, including Declarant, who owns fee simple title to a Condominium Unit. The term "Owner" shall not include the owner or owners of any lesser estate or interest. 1 20 Proiect "Project" means all of the real property, Condominium Units, building(s) fixtures, personal property and improvements submitted to [his Declaration. L21 Reai Propg1ly or Property. "Real Property" or "Property" means [he real property located in the City of Aspeq Pitkin County, Colorado, described above. 1.22 Related Psrty. "Related Party" means any guest, invitee, licensee, tenant, customer, agent or employee of an Owner, any member of the family of an Owner, or other person who uses [he Condominium Uni[, and any person or entity, not an Owner, who has acquired any title or interest in a Condominium Unit by, through or under an Owner, including a lessee, licensee or mortgagee, and any guest, invitee, licensee, subtenant, customer, agent or employee of such a person or entity. 1.23 ansidential Unit. "Residential Units" shall mean all of the residential dced- restricted Units in the Building, including Units I , 2, 3, 4 and 5. 1.24 . toragg]Jnits. "Storage Units" shall mean all of the storage units in the basement of the Building, including Units 8, 9, I Q, 11, 12 and 13. L25 Si9i1. "Unit" means a physical portion of the common interest community which is designated for sepamte ownership or occupancy, consisting of one (1) individual air space which is contained within [he unfinished perimeter walls, floors, ceilings, windows and doors of each -5- I'llll IIII VIII' IIII IIIIIII'lll IIII'I III "~I IIII II'I 429011 04/14/1800 04.00P CONDO DE dWIO SILYI 9 ¢I 44 R 421.00 D 0.00 N 0.00 PITKIN C010iTT CO !^ ,'"'~, .., ,.s Commercial, Residential or Storage Unil as shown nn the Condominium Map to be filed for record, together with all fixtures and improvements therein contained, but not including any structural components of the building or other General Common Elements, if any, located within the Uni[. The Pazking Space IJNts include only the area, designated on the Map, whereupon a motor vehicle can be pazked. 2. MAP 2.l IY BR. There shall be filed for record in the omce of the Clerk and Recorder of Pilldn County, Colorado, a map, hereinafter referred to as the "Map;' which Map may be filed in whole or in part, depicting thereon: 2.1.1 the legal description o(the property and a survey thereof; 2.1.2 the name and general location of the Project; 2.1.3 [he linear measurements and location, with reference to the exterior boundaries of the land, of the building(s) and all improvements built on the land; 2.1.4 floor plans and elevation plans of the building(s) showing the location, the designation and the linear dunensions of each Unit, and the designation of the Limited Common Elements; 2.1.5 the elevations of [he unfinished interior surfaces of the Moor and ceilings as established from a datum plan, and the linear measurements showing the thickness of the perimeter and common walls of the building; 2.1.6 a legally sufficient description of all easements serving or burdening any portion of the common interest community; and 2.1.7 [he extent of any existing encroachments across any common interest community boundary. The Map and any supplement(s) thereto shall contain the statements of: (1) the Declarant, submitting the property to [he provisions of this Declaration; and, (2) a registered land surveyor certifying that the Map fully and accurately depicts [he layout, measurements and location of al] of the building(s) and improvements, the Unit designations, the dimensions of such Units, and the elevations of [he floors and ceilings. Declarant hereby reserves unto itself and the Board the right, from time [o time, without the consent of any Owner being required, to amend [he Map and supplement(s) thereto, to conform the Map to the actual location of any of the constmc[ed improvements, to establish, vacate and relocate utility easements, access road easements ,and to establish conain General Common Elements as Limited Common Elements. _~_ ,,II II'lll'IIII I'lII' I'I' IIIIIII'lll'll'll III'N~I'lll II'I 420011 04/12/1050 04:0SP CONDO DE dWIS SILVi 6 of 44 R 221.00 0 0.00 N 0.00 PITNIN COIMTY CO In interpreting any and all provisions of this Declaration or the sytaws, aubsequent aeeda to and/or mortgages of Condominium Units, the actual location of a Unit shall be deemed conclusively to be the property intended to be conveyed, reserved or encumbered, notwithstanding any minor deviations from the location of such Unit indicated on the Map. 3. DECLARATION AND EFFECT THEREOF 3.1 eclaration. Declarant, for itself, its successors and assigns, as owner of the Project, hereby declares that the Project shall a[ all times be owned and held in condominium ownership under the Colorado Common Ownership Interest Act and shall at all times be owned, held, used and occupied subject [o the provisions of this Declazation. In the event the Ac[ is repealed, the Act as existing immediately prior to its repeal shall remain applicable. 3.2 C' ' [o Conti m' ' m ^n'La/'r'im Sh ring Prohibited. The Project is hereby divided into two (2) separately designated commercial condommium units, consisting of two (2) units on the first floor, all of which are Commercial Units, as hereinafter defined; and five (5) residential wndominium units on fhe second, third and fourth floors which are Residential Units as hereinafter defined, six (6) separately designated storage condominium units all of which are Stooge Units located in the basement, and all of the remaining property each wnsisting of a sepazate fee simple estate in a particular Unit and an appurtenant undivided fee simple interest in the Cotnmon Elements. The percentage of undivided interest of all Condominium Units (Commercial and Residential) in the Common Elements appurtenant to a particulaz Unit is as is set forth on Exhibit "1" attached hereto and inwrpora[ed herein by this reference. No Unit may be timeshared or broken into any similar form of interval estate. }.3 Al1o..aLOn a[ lot rest In Common Elements e d Common Exoensea. The Common Expense obligation attributable to each Commereial Unit and Residential Umt shall be as set forth on Ezhibit "1" and as otherwise determined by this Declazation. Each Uni[ shall be allocated votes in the Association in accordance with the assessment of Common Expense. Each Unit will be given one (1) vote for each one percent (1%) in the Common Elements, as se[ out in Exhibit "1". In the event any Unit is added or the units are combined pursuant to Article 3, Pamgmph 3.9, the resulting allocated fractional interest of the Unit(s) in the Common Elements and Common Expenses shall be adjusted in a like manner to that set out in Exhibit "1" and adjusting for the addition or combination of squaze footage. Each Owner shall own its appurtenant undivided interest in the Common Elements as a tenant in common with all other owners. 3.4 Owoershio of Com on FlemenL. Such undivided fee interests shall not be amended without the prior written consent of a majority of the Owners having a fee ownership in [he Common Elements and all First Mortgagees, except as provided herein. _7. I VIII VIII IIIIII IIII IIIII'I III' IIIIII III VIII IIII IIII 42sa11 e4iszittws e4.09P coKOO tle havis s1t.vI 7 ei 44 R 221.00 0 0.00 N 0.00 PITKIR COIMTT fA r' 3.5 ReaQOCaliOD of hi red o moo Elements. The allocation of Limited Common Elements may not be altered without the consent o1 [he Unit Owners whose Units are affected. Subject [o the provisions of this Declam[ion, a Limited Common Element may be reallocated between or among Units after compliance with the procedure set forth in the Act. 3.6 Des on of a Unit. Any instrument affecting a Condominium Unit may legally describe it by the identifying Condominium Unit number shown on the Plat as may he amended firm time to time. A legal description of a Condominium Unit in the Project may be in the following form: Condominium Unit _, The Totems, a Condominium, Pilkin County, Colorado, according [o the recorded Plal and Condominium Declaration thereof in the Pitkin County Coloado records. 3.7 D_uredon of Condominium Ownerahim. The condominium ownership under [his Declaration shall continue until this Declam[ion is terminated or revoked, as hereinafter provided, 3.8 Combination of Unifa. Ileclarant hereby reserves the right far itself, its successors and assigns, to physically combine the area or space of a Uni[ with the azea or space of one or more adjoining Units, and the aggregate of the undivided interests m and to the Common Elements appurtenant [o such combined Units shall be appurtenant to one enlazged Unit which shall result from such combination; provided, however, that Declarant shall not exercise said right without the written consent of any Owner and any Mortgagee having an interest in said Unit. Any such combined Units may subsequently be separated into Units in conformance with lire Map, provided [hat all expenses of combining or separating any adjoining Units shall be borne only by [he Owners of said Units, and such consimc[ion work shall be accomplished in compliance with [he provisions of Paragraphs 4.11 and 4.12 of Article 4 hereof. The Declarant may exercise these rights only in conformity with C.R.S. §38-33.3-210. 3.9 I~Dafab ify of Condominium Unit. Each Owner shall at all times be entitled to the percentage of ownership in the Common Elements appurtenant to such Unit as se[ forth in Exhibit "1". Each Owner shall own such undivided interest in the Common Elements as a tenant in common with all the other Owners of the property. The percentages of ownership in the Common Elements as sct forth in Exhibit "i" shall, except as otherwise provided in the case of combination and further subdivision, remain constant unless thereafter changed by written agreement of a majority of the Owners. Each Uni[ and the undivided interest in the Common Elements appurtenant [hereto shall together comprise one Condominium Unit which shall he inseparable and non- partitionable, and may be conveyed, leased, devised or encumbered only as a complete Unit, and subject to the terms, conditions, and obligations hereof. Every gift, devise, bequest, transfer, encumbrance, or conveyance of a Unit shall include only the entire Uni[, together with all appurtenant rights created by law or by this Declaration. _g. IIIIII VIII VIII' II'I IIIIIII'lll'II'll III'IIII I'll IIII 420011 04/12/1890 bi:fNlP I:ONDO DE DRVIS 07LVI 0 of 49 R 221.00 D 0.00 N 0.00 PITKIN COUNTY fA r ~-. ~. .1 3.10 TiU¢. A Condo[twtium Unit maY be held and owned by more than (1) person as joint tenants or as tenants in common, or in any real property tenancy relationship recognized under t}te laws of the State of Colorado ("Multiple lhvnership"). In the case of Multiple Ownership of a Unit, voting will be in accordance with the procedures set out in 7.5 below. 3.11 PartiCon tComm o FI menh Not Permitted. The Common Elements shall be owned in common by all Owners of Condominium Uruts. No Owner or any other person shall bring any action for partition or division of the Common Elements. Similarly, no action shall be brought for the partition of a Uni[ or a Condominium Unit between or among the Owners thereof Each Owner expressly waives any and all such rights of partition he may have by virtue of his ownership of a Condominium Unit. A violation of this provision shall entitle the Association to personally collect, jointly or severally, from the parties violating the same, the actual attorneys' fees, costs and other damages [he Association incurs in connection therewith. 3.12 Ad valorem TsaaNon. All taxes, assessments and other charges of the State of Colorado or of any political subdivision or of any special improvement district or of any other razing or assessing authority shall be assessed against and collected on each Condominium Unit separately and each Condominium Unit shall be carried on the tax books as a separate and distinct parcel. For the purpose of valuation for assessment, the valuation of the Common Elements shall be apportioned among the Units in the proportions set forth on Exhibit "1". The Association shall deliver to [he Comfy Assessor of Pitkin County, Colorado, a written notice as required by the Act, setting forth descriptions of the Condominium Units and shall famish all necessary information with respect [o such apportiomnrnt of valuation of Common Elements for assessment. The lien for [axes assessed to any Condominium Unit shall be confined to that Condominium Urtit. No forfeiture or sale of any Condominium Unit for delinquent faces, assessments or other govertmrental charges shall divest or in any way affect the title to any other Condominium Unit. 3,13 ('.mein Work Prohihited. No Owner shall undertake any work N his Unit which would jeopardize the soundness or safety of Nre Project, reduce the value [hereof, or impair an easement or hereditament thereon or thereto; nor shall any Owner enclose, by means of screening or otherwise, any balcony, yard, deck patio or porch which is accessible from, associated with, and which adjoins a Unit, without having first obtained the prior written approval of the Board, which approval may be withheld for any reason, for such enclosure, and with respect to the materials, plans and specifications for such enclosure. Structural alterations shall no[ be made by an Owner to the exterior portions of his Uni[, or to the building, or in [he water, gas or steam pipes, electric wnduits, plumbing or other fixtures connected therewith; nor shall an Owner remove any additions, improvements or fixtures from the buildings without the prior written approval of the Board, which approval may be withheld for any reason, fast having been obtained. 3.14 Mechanic's Lie0s:. 3.14.1 Li os ain t idlities. No labor performed or materials famished with the consent of or at the request of an Owner of a particular Condominium Unit, or his agent, -9- I I'llll'llll I'llll II'I IIIIIII'II"III'I III IIII' IIII II'I 420011 04/12/10M 04.00P 00100 OC DpVIO SILVI 9 ei 44 R 221.00 0 0.00 N 0.~ PITKIN COIMTV CO ~^ ., .. shall be the basis for the filing of a lien pursuant to law against the Condominium Unit, or other property, or another Uwner not expressly consenth:g w or myucetiug dw sung including Common Elements, except that express consent shall be deemed to be given by the Owner of any Condominium Unit to [he Managing Agent or the Board in the case of emergency repairs. Labor performed or materials furnished for the Common Elements, if duly authorized by the Managing Agent or [he Board in accordance with the Declaration or Bylaws, shall be deemed to be performed or famished with the express consent of each Owner, and shall be the basis Cor the filing of a lien pursuant to law against each of fhe Condominium Units in the Project. 3.14.2 Bemoval from Lien. In the event a lien is effected against all Condominium Units, the Owners o(the separate Condominium Units may remove their Condominium Units from the lien 6y payment of [he fractional or proportional amount attributable to each of [he Condominiurrr Units affected. Individual payment shall be computed by reference to the percentages appearing in this Declaation. Subsequent to payment, discharge or other satisfaction, the Condominium Unit shall be released from the lien paid, satisfied or discharged. Partial payment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce his rights against any Condominium Uni[ not so released or discharged. 3.14.3 Indemnificatlon otOwners. Each Owner shall indemnify and hold the other Owners harmless from and against liability or loss arising from the claim of any lien against the Condominium Unit of the Owner, or any part thereof, for labor performed, or for materials famished in work on such Owner's Condominium Uni[. At the written request of an Owner, [he Association shall enforce such indemnity by wllec[ing fiom [he Owner of the Condominium Unit on which the labor wes performed, or materials famished, the amount necessary to discharge any such lien and all costs incidental [hereto, including reasonable attorneys' fees. If not promptly paid, the Association may proceed to collect [he same in the manner provided herein For collection of assessments for the putpose of discharging the lien. 4. USE AND OCCUPANCY OF UNITS AND USE OF COMMON ELEMENTS. 4.1 DeTmition of Uses. Each Commercial Uni[ may be used and occupied for such retail or professional (including stores for the sale of retail goods, law offices, medical offices, and dental offices) business, or service purpose, restaurants or food establishments, or purposes as may be lawful and allowable under applicable laws, ordinances, or [he roles of any lawful public authority, including conditions imposed upon Ne Project by the City of Aspen a[ the time of governmental approval thereof. No Owner and no Owner's employees, agents, officers, licensees, or invitees shall violate the roles and regulations adopted from lime to time by the Association, whether relating to the use of Units, the use of General or Limited Common Elements, or otherwise. 4.2 Siens. No "For Sale" or "For Rent" signs, advertising, or other displays shell be maintained or pemritted on any part of the property, except at such location and in such forth as shall -10- I I'llll'llll "III' II'I Illllfl'lll'III'I III "IIII I'I I"I 129811 01/12/19// 01:0'JP CONDO OE DRVI9 9ILV1 10 et 41 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO .~, ,••~ .. be approved In writing by the Boazd or the Managing Agent. The right is reserved by the Declarant, or its agent or agents, [o place "For Sale" or "For Rent" signs on any unsold or unoccupied Units owned by it, and on any part of the Common Elements with respect to the availability of such Units, and [he right is hereby given to any mortgagee, who may become the Owner of any Unit, to place such signs on any Unit owned by such mortgagee. So long as any Unit is owned by it, the Declaanl shall be entitled [o access, ingress, and egress to the building and the property as it shalt deem necessary in connection with the construction or sale of [he building or any Unit. The Declarant shall have [he right to use any unsold Unit or Units as a model, or for sales or display purposes, in accordance with C.R.S. §38-33.3-215. 4.3 Allowed Si®s. Each business establishment operated in a Commemial Unit, or any part thereof, shall be entitled to place one (1) sign or menu of reasonable size and in a dignified manner containing the business name of such establishment upon the entrance door of such establishment, or at such other place as shall be permitted by the Board or Managing Agent, in [heir sole discretion, and subject to any relevant provisions of the Municipal Code of [he City of Aspen regarding the placement of signs. Additional signs may be placed only as perrrritted by [he Board, which permission may be granted or withheld in the sole discretion of the Boazd, subject to the relevant provisions of the Municipal Code of the Ciry of Aspen regarding the placement of signs. 4.4 rr d Obatrredon o3C m nl enrs. There shall be no obstruction of the Common Elements, nor shall anything be stored in the Common Elements, without the prior consent of the Board except as herein ezpressly provided. For purposes of maintenance, repair, alteration, and remodeling, an Owner of a Unit shall be deemed to own the in[edor non-supporting walls and the materials therein (such as, but not limited to, plaster, drywall, paneling, wallpaper, pain[, wall and floor dle). 'There shall be no furniture, bicycles, wagons, vehicles, benches, chairs, skis or sporting equipment, tethered dogs or cats, or other personal property on any part of the Common Elements, except in spaces expressly provided therefor, without the prior consent of and subject [o the regulations of the Board. Except as specifically provided otherwise herein, the Board may permit or authorize use of any of [he General Common Elements in the Project as the Association deems best and may, at the request of the Owner of a Condominium Unit, convert any Limited Common Element appurtenant [o the Condominium Unit to a General Common Element or authorize other use of such Limited Common Element by the Owner of the Condominium Unit [o which it is appurtenant, subject to any and all applicable governmental regulations. Each Owner may use the General Common Elements and his appurtenant Limited Common Elements, subject to the terms and provisions of [his Parxgaph, in accordance with the purpose for which they are intended, without hindering or encroaching on the lawful rights of the other Owners. Each Owner, by the acceptance of his deed or other instrument of conveyance or assignment, agrees to accept and be bound by any such adapted roles and regulations. In the event any Owner violates the requirements of this Paragraph that Owner will be provided a written warning and twenty-four (24) hours to cure such violation. After being provided a warning, if such violation continues, then such Owner will be fined $50.00 for [he nett twenty-four (24) hour period of violation and $100.00 For each subsequent twenty-four (24) hour period of violation. Such fines will be considered Special Assessments -Individual Owners pursuant to Paragraph 9.l 1 below and enforceable in accordance -il- iuiii mii ngii im iipiii iui iiiuiiii niiiiiii ini 11 of 44 R $21.00 D 0.00 N 0.00 PITKIN CWNTY CO w... 4 with Article 9 of this Declaration. The above penalties cannot be modified wiles there is the vote of a majority of the Unit Owners approving such change. 4.5 A_ddi[ions. Alterations. and Imorovement Re4 rir ne Board Aooroval. Al] use and occupancy of the Cormnon Elements shall be subject to and governed by rules and regulations of [he Association. No Owner, no Related Party of an Owner and no tenant of [he Association or other occupant of the Common Elements shall obstruct, damage or comadt waste [o any of the Common Elements. No Owner and no Related Party of an Owner shall alter or repair, or store anything in or on any of the Common Elements without [he prior written consent of the Board. 4.6 Maintenance of Units. Each Owner shall be obligated to maintain and keep that Owners own Unit, its windows and doors, including exterior and interior surfaces thereof, and the Limited Common Element or Elements with respect io such Unit, in good, clean order and repair. No tmsightlicess or waste shall be permitted on or in any part of the Project. The use of [he covering of the interior surfaces of windows, whether by draperies, shades or other items visible on the exterior of the building, shall be subject to [he roles and regulations of the Board. 4.7 Imo t eo[ f I su c• Nothing shall be done or kept in any Unit, or in or upon the Common Elements, which will increase the rote of insurance on [he building, or contents thereof, without [he prior written consent of the Board. No Owner shall permit anything to be done or kept in that Owners Unit, or in or upon the Common Elements, which will result in the cancellation of or increase premiums of insurance on the building, or contents [hereof, or which would be in violation of any law. 4.8 Exterior of Beildin~ T_rah, Owners shall no[ cause or permit anything [o be hung or displayed on the outside of windows, or placed on the outside waNs of the building, or on or in any of the General Common Elements, and no sign or lettering, awning, canopy, or radio or television antenna ahal be affixed [o or placed upon the windows, exterior walls m root, or any part thereof, without the prior written conswt of the Boazd. The Common Elements shall be kept free and cleaz of mbbish, debris and other unsightly materials. All hash shall be collected in designated areas. No wiring, television antennae, or other items may be installed which protrude through windows, walls or roof areas, except as expressly authorized by the Association or this Declaration. 4.9 gyJg. Nn household pets, animals, livestock or fowl of any kind shall be raised, bred, or regulazly kept in any Unit or in the Common Elements, unless the Board, by roles or regulations, provides otherwise. 4.10 Nuisances. No noxious or offensive activity shall be conducted on any part of the Project; nor shall anything be done or placed on or in any pari of the Project which is or may become a nuisance, or cause embarrassment, disturbance or annoyance [o other Owners or their guests. No activity shall be conducted on any part of the Project, and no improvements shall be made or constructed on any part of the Project, which are or might be unsafe or hazardous to any person or property. No sound shall be emitted on any part of the Project which is unreasonably loud or -12- I I'llll I'III IIIIII (I'I IIIII'I'lll'll"I (II'll'll III I"I 429811 04/12/1908 04.00P COIOO DE DIIVI9 SILVI 12 e{ q4 R 221.00 D 0.00 N 0,00 PI7KIN COUNTY CO -~. ~. , ~... BMOyIOg. NO Smoke OI Odor Shall be emitted [o any Part of the Project. All grease collected N grease uaps must be regularly emptied and not allowed to escape into any Uni[ or the Common Areas. No light shall be emitted from any part of the Project which is unreasonably bright or causes unreasonable glare. In the event any Owner violates [he requirements of this Paragraph [hat Owner will be provided a written warning and twenty-fom (24) hours Io cure such violation. After being provided a warning, if such violation continues, then such Owner will be fined $50.00 for the next twenty-four (24) hour period of violation and $100.00 for each subsequent twenty-four (24) hour period of violation. If such violation continues for seven (7) or more days Then [he Association will have the righ4 after twenty four (24) hours written notice, to outer [he Unit that is [he source of the violation between 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays, [o conduct an inspection, and thereafter a written report will be issued to the Unit Owner, causing the violation based upon the conclusions of a qualified consultant, of the cause(s) and repair(s) for such violation and will direct such Unit Owner to remedy the violation by the recommended means within ten (l0) days of such notice, or such longer time as the facts reasonably indicate [he appropriate repair(s) will require to complete. After such deadhne, the Unit Owner will be assessed a tine (in addition to all other accumulated fines) equal in amount to the estimated costs for such required repairs. Unless otherwise agreed to by the Association, the first mentioned daily fines will accme until the determination and notice [o the Unit Owner of the cost of repair is provided or the repair rs completed. All fines will be considered Special Assessments -Individual Owners pursuant to Paragraph 9.11 below and enforceable in accordance with Article 9 of this Declaration. The above penalties cannot be modified unless there is the vote of a majority of the Unit Owners majority approving such change. 4.11 Str r oral ln[eerity. Nothing shall be done in any Unit, or in, on or [o [he Common Elements, which will impair the structural integrity of the building, or which would structurally change [he building, except as otherwise provided herein, nor shall anything be altered or constmcted in or be removed Cmm the Common Elements, except as oiherwise herein provided, or otherwise permitted in writing by the Boazd. 4.12 ]mprove ent o{ Uoits. The Owner of any Unit shall be permitted [o cons[mct, improve, change, or alter such Uni[ (if the same is no[ visible on the exterior of the building) in any manner, provided [hat 4.12.1 The structural integrity of the Building will not [hereby be impaired; 4.12.2 The common assessments payable by the other Owners hereunder are not increased directly or indirectly as [he result of such construction, improvement, change or alteration; 4.12.3 Such work will be done at the sole cost and expense of Owners benefitting, and in full compliance with all applicable laws, ordinances, and regulations, and the provisions of the Declazation; 13- I IIIIII "III IIIIII IIII IIIIIII IIII Ililil III IIIIII III IIII /28811 0//12/1888 04:08P GONDO DE OpVIB BILVI 10 e{ q4 p 221.00 D 0.00 N 0.00 PITKIN fAtIN7Y CO r'^ 4.12.4 The boundaries of such Uni[, as shown on the Condominium Map, will not thereby he changed or altered; and, 4.12.5 Such Owner shall indemnify all other Owners of Units from any and all claims, liens, liabilities, suits or demands whatsoever relating to or arising out of such work (except insofar as any claim is waived and released as provided in [his Declaration). 4.13 Waiver of Claims. Each Owner hereby waives and releases any and all claims which [hat Owner may have against any other Owner, the Association, the officers, and members of the Board, the Declarant, the Managing Agent, and [heir respective offcers, employees, and agents, for damages to the Common Elements, the Units, or to any personal property located in [he Units or Common Elements, caused by fire or other forth of casualty which is covered by insurance sufficient in the opinion of the Association. 4.14 Damage by Owner. If, due to the act or neglect of an Owner, a related party or parties, damage shall be caused to any person or property, including the Common Elements or to a Unit or Units owned by others, then such Owner shall be liable and responsible for such damage, and shall pay for such damage and any maintenance, repairs and replacements, as may be de[ertnined by [he Board, to the extent not covered by insurance as caused by an Owner, related party or ponies. Neither the failure of [he Board [o require such payment, nor any disagreement regazding the extent of payment required pursuant to the Hoard's de[emdna[ion hereunder, shall give nse to any claim or cause of action against the Board or its members by any person; provided, however, that nothing contained in this Paragraph shall prohibit an Owner from exercising any rights or remedies provided by law as against any person causing any damage to his Unit. The amount of such loss or damage may be collected by the Association from such Owner as an assessment against such Owner by legal proceedings or otherwise, and such amount (including reasonable attorneys' fees) shall be secured by a lien on the Unit of such Owner, as provided herein, for assessments or other charges. 4.15 F.Iectrleal Wirin¢. No Owner shall overload the electric wiring in the Building, or unreasonably contribute to such overload, or operate any machines, computers, appliances, accessories or equipment in such manner as to cause, in the judgment of the Board, a hazazd to the safety of Owners and Related Parties upon [he Project. 4.16 Parkine. Parking of any and all vehicles on the Project's parking spaces shall be subject to [he cotes and regulations of the Association adopted from time to time. The Association assumes no responsibility for damage done [o automobiles pazked on the Project's parking spaces. Parking spaces shall be utilized only for parking functional motor vehicles therein, and no personal property of any nature may be stored or deposited for any purpose in any parking space. No pan of the Project, including the public streets and alleyways, driveways or pazking areas, unless specifically designated by the Association therefor, shall be used as a pazking, storage, display or accommodation area for any type of treiler, camping trailer, boat trailer, hauling trailer, conning gear, boat or accessories thereto, track or recreational vehicle, except as a temporary expedience for loading, delivery, emergency, etc. (provided this restriction shall not restrict trucks or other . lq_ I Ililll 11111 111111 1111 Illllll 1111 ililll III 111111 III I'll 420011 04/12/1808 04.07P CONDO D8 OIWIS SILVI 14 ei 44 R 22!.00 D 0.00 N 0.00 PITKIN COUNTY CO ~. ; ~ r GOmmercial Vehicles which aze necessary for the constmction or maintenance of the Project). Repairing vehicles on the premises shall not be permitted; and bung Tenn Parking as defined in the above referenced rules and regulations will not be allowed. 4.17 No Violation of Law. No Owner, no Related Party of an Owner and no occupant of the Common Elements and Units shall do anything of keep anything in or on the Property which would be in violation of any statute, mle, ordinance, regulation, permit or other validly imposed requirement of any governmental body. 4.18 No Vioistioo of Rules. No Owner, no Related Party of an Owner and no occupant of the Common Elements shall violate the roles and regulations adopted from time to time by [he Board, whether relating to the use of Condominium Units, the use of Common Elements, or otherwise. 4.19 L40SfS• No Owncr of a Commercial Unil or a Residential Unit may lease less than his entire Unit, without the permission of the Associahon, and all leases shall be in writing. All leases of Commercial Units, Residential Units or Storage Units shall provide that the terms of the lease are subject, in all respects, to the provisions of this Declaration, and [o the provisions of the Articles of Incorporation, Bylaws, roles and regulations, and decisions and resolufions of the Association and the Board. All leases in effect on the date of the recordation of this Declaration are deemed to have obtained the consent of [he Association for any variation from [his Paragraph, however such consent does not apply to any renewals and/or extensions of such leases. 4.20 Authority of Board. The ownership of the Common Elements in tenancy-in- common notwithstanding each Owner irrevocably constitutes the Board of the Association as attorney-in-fact for him for the purpose of this Article. 5. VARIOUS RIGHTS, RESPONSIBILITIES AND EASEMENTS. 5.1 Own 's llipb[s and Ee_°memt im General Common F.IemenL. Subject to the other provisions of the Declaration, each Owner, and any Related Party of such Owner, shall have a nonexclusive right [o use and enjoy the General Common Elements, provided there is no hindrance or encroachment upon the rights of use and enjoyment of other Owners as provided hereunder. 5.2 O er's RI hl i L'ndted Common Elements. Subject to the other provisions of this Declaration, each Owner and Related Parties shall have an exclusive right [o use and enjoy the Limited Common ElemenLS designated herein, in the Map, or in the initial deed from Declarant, as appurtenant to the Condominium Unit owned by such Owner. 5.3 Owne a' Maintena a Responsibility. For purposes of maintenance, repair, alteration and remodeling, an Owner shall be deemed to own, and shall have [he right and obhga[ion to maintain, repair, alter and remodel the interior non-supporting walls, the materials (such as, but not limited tq plaster, gypsum drywall, paneling, wallpaper, paint, wall and floor the and flooring -IS- II"III VIII VIII'I'II IIIIIII IIII'II"IIII "III'III I'll 429811 09/12/1999 O4r00P CONDO CE O0Vf9 SILVI 1~ of 44 9 221.00 D 0.90 N 0.00 PITItIN fAlIN7V CO ~'^ /'"*, r not including the subflooring) making uD lhC finished surfaces of the perimeter walls, ceilings and floors within the Unit, and the Unit's doors and windows, and any and all new additions to a unit made by the Owner thereof, including, without limitation, any swcture enclosing a patio or balcony (if permitted by the Association). The obligation [o maintain any stmcture enclosing a patio or balcony, originally conveyed by Declazant shall be that of the Association. No Owner shall, however, make any changes or alterations of any type or kind to the exterior surfaces of the doors or windows to his Unit or to any Common Elements (including, but not limited to, the exterior portions of his Urtit). The Owner shall not be deemed to own lints, pipes, wires, conduits or systems (which, for brevity, aze heminaRer referred to as "utilities") mooing though his Unit which serve one (1) or more other Units, except as atenant-in-common with the other Owners. Each Owner shall have the obligation [o replace any finishing or other materiels removed with similaz or other types or kinds of materials. An Owner shall maintain and keep in good repair, and in a clean, safe, attractive and sightly condition, the interior of his Unit, including the fixtures, doors and windows thereof, and the improvements affixed thereto, and such other items and azeas as may be required in this Declazation or in [he Bylaws. Also, an Owner shall maintain, clean and keep in a neat and clean condition, and free and cleaz of snow, ice and any accumulation of water on the porch, roof overhangs, balcony and/or patio azea adjoining and/or leading to a Uni6 if any, which areas are Limited Common Elements appurtenant to such Owner's Condominium Unit. All fixtures, appliances and equipmrn[ installed within a Unit, commencing a[ a point where the utilities enter the Unit, shall be maintained and kept in repau by the Owner thereof. The Owner of any Unit which creates smoke or odor or causes the wlledion of grease in grease traps is responsible for assuring that such (1) smoke or odor is not mleased from that Owner's Unit in a manner which violates this Declaration and (2) servicing of grease traps on a mgulaz basis to prevent any excess buildup in said traps. If any Owner fails to carry out or neglects [he responsibilities sal fodh in this Paragraph, then, in addition to all other remedies provided in this Declaration, the provisions and penalties of Paagraph 4.10 will apply. Any expense incurred by the Association under this Paragraph shall be the sole expense of the Owner and will be considered Special Assessmrn[ -Individual Owners pursuant to Paragraph 9.11 below and rnforoeable in acwrdance with Article 9 of this Declaration. No maintenance, repair, alteration orremodeling operations will interfere with [he use and enjoyment of any Unit or Units and all such operations will be wnducted to comply with this requirement. Further, no Unit Owner may engage in any activity which over utilizes [he facilities contained in the Common Elements. 5.4 Association Riehts. The Association, the Board and the Managing Agent shall have a nonexclusive right and easement to make such use of General Common Elements, Limited Common Elements or Units as may be necessary or appropriate for it to perform the duties and functions which it is obligated or pemutted fo perform under this Declaration; provided, however, that any entry into a Unit shall be made with as little damage to the Unit entered as possible. Any damage caused to a Unit shall be repaired by, and at the expense of, the Association. 5.5 F ernes, a nt fo Ira rovemenL Mai teoance Sppport and Utilities, Reciprocal easements (among all Units and Common Elements) aze hereby declared to exist over and under the Real Properly and Project and all areas thereof for horizontal and lateral support and the existing lfi - 111111111111111111111 I I I I I H I I I 1111111111111111111 I 429a11 04/12/19!! 04:00P t:ONDO OE Di1VI! SILVi 16 of 94 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO .~ ,` electric, telephone, water, gas and sanitary and storm sewer lines and facilities, exhaust, heating and air conditionhig facilities, plumbing vent pipes, cable or master television antenna lines, drainage facilities, garbage chutes, stairs, walkways, exterior roads, alleyways and streets adjacent to and driveways adjacent to the Real Property and project and landscaping, if any, and for the repair, replacement and maintenance of the same, as needed to service the Real Property and/or the individual Units. All easements hereunder are subject to access for repair, replacement and maintenance shall be during reasonable hours or for making emergency repahs therein necessary to prevent damage to the Cotrunon Elements or to another Unit; or for making repairs or replacements pursuant to this Paragraph. Damage to the interior or any part of a Unit resulting from the maintenance, repair, emergency repair, or replacement of any of the Common Elements, or as a result of emergency repairs within another Uni[, at the instance of the Association, [he Board, or the Managing Agent, shalt be a common expense of all of the Owners. No diminution or abatement of common expense assessments shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements, or from action taken to comply with any law, ordinance, or order of any governmental authority, unless so detemrined by the Board. Restom[ion of the damaged improvements shall be substantially the same as [he condition in which they existed prior to [he damage. Notwithstanding the foregoing, if any such damage is the result of the carelessness or negligence of any Owner, such Owner shall be solely responsible for the costs and expenses of repairing such damage. An Owner of any Unit centaining a Common Element shall indemnify and hold the Association hamdess for any damage caused by said Owner and/or any of its guests to said Common Element(s). Each Owner has the right, as its sole expense and after giving written notice of ai least one (l) business day to dre other Owners, to relocate such lines and facilities within that Owner's Unit; provided, however, that such relocation shall be accomplished without interrupting the need of any other Owner. If upon the notice provided for herein any Owner or [he Association reasonably believes that such proposed relocation will affect other Units or the Common Areas, such work will be suspended w[il the Association determines whether and how such work should proceed. The Easement described above specifically includes access to the grease turps and water wells located on the Project. 5.6 F mergeacv Facerrrcn4 Anon-exclusive easement for ingress and egress is hereby granted to all police, sheriffs, fire protection, ambulance and other similaz emergency agencies or persons now or hereafter servicing the Project to enter on driveways located in the Project and on the property in the lawful performance of their duties. 5.7 Easements for FncroachmeDLS. If any part of the Common Elements encroaches or shall hereafter encroach upon a Utut, an easement for such encroachment and for the maintenance of the same shall and does exist. IP any part of a Unit encroaches or shall hereafter encroach upon [he Common Elements, or upon another Unit, the Owner of that Unit shall and does have an easement for such encroachment and for the maintenance of the same. Such encroachments shall not he considered to be encumbrances either on the Common Elements or a Unit Encroachments _l7_ Illlll Illll VIII' I'll Illllll llll llllll III llllll III IIII 120011 04/12/1000 04:00P CONDO DE DRViO SILVI 17 of 44 R 221.00 D 0.00 N 0.00 PITKIN CMR[TT CO referred to herein include, but are not (united to, encroachmenl5 caused by ertor in the Plat, by settling, rising or shifting of the earth, or by changes in position caused by repair or reconstmefion of the Project or any part thereof. Encroachments herein referted to shall not include intentional encroachments. 5.6 m o D m d Aooertenant. The easements and rights herein created for an Owner shall be appurtenant to the Condominium Unit of that Owner and all conveyances of and other instruments affecting title to a Condominium Unit shall be deemed to grant and reserve the easements and rights as are provided for herein, even though no specific reference to such easemrnts appears in any such conveyance. 6. COMPLIANCE WITH DECLARATION AND OTFIER ASSOCIATION DOCU- MENTS 6.1 C4plp' h Proaisions of Declaratio Arti les of Incorporation. and B law of Le Association. Each Owner shall comply strictly with, and shall cause all Related Parties to comply strictly with, all of the provisions of this Declaration, Articles, and Bylaws, and the decisions, roles, regulations and resolutions of the Association or the Board adopted pursuant thereto, as the same may be lawfully amended from time to time. The violation of any restriction or condition or regulation adopted by the Board, or the breach of any covenant or provision herein maintained, shall give the Boazd (in the name of the Association on behalf of the Owners) the right, in addition to any other rights provided for in this Declaration: (a) to enter upon [he Unit, or any portion of the property upon which, or as to which, such violation or breach ezisis, and to summarily abate and remove, a[ the expense otthe defaulting Owner, any stmclure, thing or condition [hat may exist thereon contrary to [he intent and meaning of the provisions hereof, and the Board, or its employees or agents, shall not thereby be deemed guilty in any manner of trespass; (b) to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any breach; and/or, (c) [o recover sums due for damages. Such remedies shall be cumulative and not exclusive of one another, and shall be in addition to any other remedies available [o the Board bylaw. Reasonable atlomeys' fees, and all other expenses of any relevant proceedings shall be taxed against the Owner in said decree. 7. THE ASSOCIATION 7.] Gen al P ponce and Powers. The business and affairs of the Project shall be governed and managed by the Association through the Boazd or the Managing Agent. The Association shall perform functions and hold and manage property as provided in this Declaration and to further the interests oC Owners of Condominium Units in the Project I[ shall have all powers necessary or desirable to effectuate these purposes. The administration of the Project shall he 18- I II'lll'IIII IIIIII (III IIIIIII (III IIIIII III IIIIII III Ifll 428811 04/12/1000 01:09P CONDO OE OIIVI! lILVI IB et 94 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO ?~ \s „,J governed by this Declaza[ioty the Articles of Incorpomtion and the By-Laws of [he Association, and all duly adopted amrntlments thereto or supplements mereot. 7.2 Board of 1Nrectars. The affairs of the Association shall be managed by a boazd of directors which may, however, by resolution, delegate any portion oC its authority [o a committee appointed by [he Board or to a director or Managing Agent. The number and qualifications of Directors shah be as provided in the Articles of Incorporation or By-Laws of the Association. The member or members of the Board who shall be elected N the manner provided in the Bylaws of [he Association, all of whom shall be Owners or residents of a Unil; provided, however, [ha[ any natural person, eighteen (18) years of age or alder, may be nominated to such office by Declarant so long as Declarant is the Owner of a Uni[. 7.3 Restrictlve Covenants amd OhlieaHoms. The Board or [he Managing Agent shall have the power [o establish, make, and rnforce compliance with all covenants and obligations, with the right to amend or supplement Cram time to time. Determination with respect to whether or no[ a particular activity or occurrence shall constitute a violation of [his Declaa[ion shall be made by the Board and shall be final. 7,q Ma-. _ na¢em nt re m nt The Association may enter into a management agreement (the "Ageemrnt") with a professional managing agent ("Managing Agent") which shall provide for [he management of the Property, whether such services are in lieu of or supplemental [o the service [o be provided by the Association. Each Owner, his successor and assigns, shall be bound by the Agreement for the purposes therein expressed, including but not limited to: (a) Adopting, ratifying, confirming, and consatting m the execution of the Agreement by the Association, (b) covenanting and promising to perform each and every one of the wvenants, promises, and undertakings to be performed by Owners as provided m the Agreement; and (c) recognizing [hat some or all of [he persons comprising the original Board are or may be partners, shareholders, officers, directors or employees ofthe managing agent or the Declaran4 and Thal such circumstances shall not and cannot be consWed or considered as a breach of their duties and obligations to the Association, nor as grounds to invalidate the Agroemrnl, in whole or in part. The Managing Agent will be entitled to compensation for its services based on similar services provided by other management wmpatdes in the Aspen, Colorado area. 7.5 Voting of Owmers. The voting rights of all Owners shall be based upon the ownership interest of each Condominium Unit in the Common Elements as set out in Article 3.3 above. In [he event a Unit is owned by more than one person or entity, the Owners thereof shall designate a voting party, in writing, thirty (30) days prior to the holding of any vote under this Declaration to cast their vole(s) pursuant to Paragraph 3.3 for the Condominium Unit so held in Multiple Ownership (the "Voting Pany"). In the case of such Multiple Ownership, a Voting Party must be designated as set out herein or such Unit's votes are not entitled to be cast Unless otherwise provided in the Articles oC Incorporation or By-Laws of the Association, voting by proxy shall be pemtitted and cumulative voting shall not be permitted. Declazant shall have the right to vote as an -19- II'lll'llll lillil Illl IIIII'I till llllll III VIII' III I'll 429811 04/12/1999 04:00P CgeO D[ DI01I9 91LVI 19 ei 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO OWRr;I during Its Po[lOd of ownership of any Unit in accordance with [he ownership interest of [hat Condominium Unit in the Common Elements. 7.6 Rutz and Regpla Ions. The Board may, from time to time, adopt or amend such reasonable roles and regulations governing [he operation, maintenance, beautification, and use of the Common Elements and the Units, not inconsistent with the terms of this Declamtioq as it seems fit, and the Owners shag conform to, and abide by, such reasonable roles and regulations. Written notice of such roles and regulations shall be given [o all Owners. A violation of such rules or regulations shall be deemed a violation of the terms of [his Declaration. 7.7 Nom-Liability pS the Board. The members of the Boad and the Managing Agent and its employees, and [he officers and employees of [he Association, shall not be liable [o the Owners for any mistake ofjudgment, or any acts or omissions made in good faith as such members, officers, or employees. The Ovmers shall indemnify and hold harmless each of such persons against all contactual liability to others arising out of contracts made by such person on behalf of the Owners. The liability of any Owner arising out of any contract made by such persons, or out of the aforesaid indemnity, shall be limited [o such proportion of the total liability [hereunder, as that Owner's percentage interest in the General Common Elements. Each agreement for which indemnity is provided hereunder made by such persons shall have been executed by such persons expressly as agents fot the Association. 7.8 Fins of Deterrrdnsh'ons oI the Board. In the event of any dispute or disagreement between any Owners relating to the properly, or any question of interpretation or application of the provisions of ttds Declaration, or any other agreement affecting the Projector the Association, including the extent and exercise of voting rights by an Owner or Owners, the detemlination thereof by the Board shall be final and binding on each and all of such Owners. The foregoing shall no[ apply in cases where arbiVa[ion is expressly designated as the procedure for resolution of [he dispute. 7.9 13ylews amd Articles. The purposes and powers of the Association, and [he rights and obligations with respect b Owners set forth in this Declaration, may and shall be amplified by provisions of the Articles and Bylaws of the Association. The administration and management of this condominium shall be governed by the Articles and Bylaws of the Association. 8. CERTAIN RIGHTS AND OBLIGATIONS OF THE ASSOCIATION 8.1 A Deletion as Attorne~in-Fact for Owners. The Association is hereby irrevocably appointed by Declarant as attorney-in-fact for Declarant and for all successors and assigns of Declarant as Owners of Condominium Units and as attorney-in-fact for each of them [o manage, control and deal with the interest of such Owner in the Common Elements so as to permit [he Association [o fulfill all of its duties and obligations hereunder, and to exercise all of its rights hereunder, [o deal with the Project upon its destruction or obsolescence as hereinafter provided; and [o deal with and handle insurance and insurance proceeds and condemnation and condemnaton 20 - I II,III IIIII'llll' I"' IIIII'I IIII IIII'I III I'I'lll II II'I 20 of 44 R 221.00 D 0.00 N 0.00 PITKIN COUNfY CO _-, ., awards as hereinafter provided. The acceptance by any person or entity of any interest in any Condominium Unit shall constitute an appointment by [hat person or entity of the Association as attorney-in-fact. as above provided. The Association is hereby granted all of the powers necessary to govern, manage, maintain, repair, rebuild, administer, and regulate the Project, and to perform all of the duties required of it. Notwithstanding the foregoing, and subject to the provisions contained in this Ikclaralion mless the Owners of seventy percent (70%) of the Common Elements, as shown on Exhibit"t" (excluding DeclaranQ have given [heir prior written approval, [he Association shall not be empowered or entitled to: B.1.1 by act or omission, seek to abandon or terminate [he Project; 8.1.2 change the pro rata interest or obligations of any individual Condominium Unit for the purpose of levying assessments or charges, or allocating distributions of hazard insurance proceeds or condemnation awards; 8.1.3 partition or subdivide any Condominium Unit; 8.1.4 by act or omission, seek to abandon, partition, subdivide, encumber, sell, or transfer (excluding the granting of easements for public utilities, or other public purposes consistent willt the intended use of the Common Elements) any of the General or Limited Common Elements; and 8.L5 use hazard insurance proceeds Cor loss to the Project (whether Units or Common Elements) for other than repair, replacement, or reconstmc[ion thereof. Further, no action set forth immediately above maybe taken without the prior written approval of the Owner and first mortgagee of the specific Unit or Units being affected. g,2 ~n Drdes of Ma' tena"re end Reoalr. The Association shall be obligated to and shall provide for the care, operation, management, maintenance, improvement, repair and replacement of the Common Elements and Association Property so that such aze kept in a good, clean, attractive, sanitary condition, order and repair, including without limitation removal of snow and other materials from the General Common Elements to permit access to the Units keeping [he Project safe, attractive and desirable; and making necessary or desirable alterations, additions, betterments, or improvements to or on the Common Elements. The Association shall be responsible for painting and/or staining the exterior of the Units, as agreed [o by a majority of [he Owners. The Association shall be responsible for maintaining the roof, the exterior walls, foundation and other stmetural components o(lhe garages designated as Limited Common Elements and General Common Elements. No prior approval of Owners shall be required for such work. _21_ II'III IIIII IIIIII IIII IIIIIII III' Ililil III illllll ll IIII 419011 04/11/19-9 04.00P CONDO DE DRVIS SILVI 11 of 44 R 111.00 D 0.00 N 0.00 PITKIN COUNTY CO >"^ ~ Nothing hereby shall preclude the Association from the right, hereby confirmed, to seek reimbursement and assessment tiom the Owner(s) of any Unit for repairs and maintenance to any Limited Common Element appurtenant to such Unit. 8.3 Lahnr and Services, In addition to the services provided under Pazagraph 7.4 above, [he Association; (I) may obtain and pay for legal and acwunting services necessary or desirable in connection with the operation of the Project, or the enforcement of this Declaration; and (2) may arrange with others to famish lighting, heating, water, [rash collection, sewer service, and other common services. 6.4 Other Association Fenetions. The Association may undertake or contract for any activity, function or service for the benefit or to further the interests of all, some or any Owners of Condominium Units on aself-supporting, special assessment or common assessment basis. Such activities, finedons or services may include, but are not limited lo, the providing of police or similaz security services, within the project. 8.5 R sl and~onal Properly of s o tattoo. 'fhe Association may acquire and hold interests in real property acrd in tangible and intangible personal property and may dispose of the same by sale or otherwise. Subject to any rules and regulations of the Association, each Owner and Related Parties of an Owner may use such property. Upon termination of condominium ownership of the Project and dissolution of the Association, the beneficial interest in any such properly shall be deemed to be owned by the [hen Owners, as tenants-in-common, in the same proportion as their respective interests in the Common Elements. 8.6 A sort tlon Bight to L se d Lice Com o Fleme0ls. The Boazd of the Association shall have die right to lease or license, or permit the use of any portion of the General Common Elements or any Condominium Uni[ owned by the Association, on either a short or long term basis and with or without any charge by the Association therefor. The rights granted to the Association in this Paragaph shall only 6e used in the promotion of the collective best interests of the Owners. Further, the Association shall have the right to gran[ utility easements under, through, or over the Common Elements which are reasonably necessary to the ongoing development and operation of the Project. 8.7 Morteaeee Notification. The Association shall notify each first mortgagee of any proposed material amendment of the Association s Articles or Bylaws at least [en (10) days prior to the effective date of such amendment or change. Further, on the written request of any first mortgagee, such first mortgagee shall be entitled to receive [he most recent annual budget and/or financial statement of the Association, and written notice of all meetings of the Association, and such first mortgagee shall have [he right to designate a representative to attend any such meeting. 8.8 Enforcement by Association. The Board may suspend any Owner's voting rights in the Association, or the right of an Owner ro use [he Common Elements of the Project, during any period or periods during which such Owner fails to comply with the Association's rules and 22 - I I"III VIII I'II' II'I IIIIIII IIII'll"I III'llllll II II'I 425811 04/12/3555 04:08P CONDO DE DRYIS SILVI 22 of 44 R 221.00 0 0.00 N 0.00 PITKIN COIINTT CO ,,,,~ ...~ regulations. fails m oar assessments, or fails to comply with any other mbligations oe sncn owner under this Declaration or the Bylaws. The Association may also take ludroral action against any Owner to enforoe compliance with such roles, regulations, or other obligations hereunder, or in the Bylaws contained, or to obtain damages for the noncompliance thereof, all to the extent permitted by law. The Board may impose a reasonable fine on any Owner for each violation or act of noncompliance by any such Owner or Related Parties. 8.9 Certificate. The Boad may, from time to time, record a certificate of the identity and the mailing addresses of the persons then wmprising the Board, together with [he identity and address of the Managing Agent, if any. Such certificate shall be wnclusive evidence thereof in favor of any person relying thereon in good faith, regardless of the time elapsed since [he date thereof. K.10 Immlied Rlehta. The Association shall have and may exercise any right or privilege given to it expressly by this Declaration, or reasonably to be implied from the provisions of this Declamtion, or given or implied by law, or which may be necessary or desirable to fulfill its du[ics, obligations, rights or privileges. ASSESSMENTS -COMMON EXPENSES 9.1 A•s •am is - ~ r tW. Declarant, for each Unit owned by it, and for and as the owner of the property and every part thereof, hereby covenants, and each Owner of any Unit by the acceptance of a decd therefor, whether or not it is so ezprossed in the deed, shall be deemed to covenant and agree with each other and with the Association to pay to the Association monthly assessments made by the Association for the purposes provided in this Declamtion, and special assessments for capital improvements and other matters as provided in this Declaration. Such assessments shall be fixed, established, and collected Crom time to time in the manner provided in [his Declaration, and by the Articles, and Bylaws of the Association. Subject [o the provisions hereof, the Board of [he Association shall have [he power and authority to determine all matters in connection with Assessments, including power and authority to determine whcrq when and how Assessments shall be paid to the Associatioq and each Owner shall be required to comply with any such detennimations. 9.2 F4 ^ • s Be A_xsessed. The total monthly assessments against all Units shall be based upon advance estimates of cash requirements by the Association to provide for the payment of all expenses growing out of or connected with the maintenance and operation of the General Common Elements, or famishing such utility services as shall no[ be separately famished and metered to the Units, which estimates may include, among other Things: (1) [axes and special assessments, until [he Units are separately assessed as provided herein; (2) premiums for all insurance which the Association is required or permitted to maintain, except such premiums as are paid for by the Association for which direct reimbursement is made by an Owner or Owners; (3) landscaping and Gaze of grounds; (4) common lighting, heating, water charges and common and individual unit charges for gas, water and electric utilities; (5) trash collection; (6) sewer service -23- I I'llll'llll'llll' I"I ~Iill~l III"IIIII III I'lllll'I I"I 420811 09/12/1001 04:00P CON00 DE 1RVI0 SILVI 23 er 41 R 221.00 0 0.00 N 0.00 PITKIN COUNTr CO ~ ~ charges; (7) repairs and maintenance of the General Common Elements; (8) wages and brnefits for Association employees; (9) security services; (]0) management fees and expenses, including expenses associated with the maintenance of a management office; (11) legal and accounting fees; (12) any deficit remaining from a previous period; (13) the creation of a reasonable contingency reserve, surplus and/or sinking fund; and, (14) any other expenses and liabilities which may be incurzed by the Association for the benefit of the Owners under or by reason of this Declaration; provided, however, that all expenses of the Limited Common Elements, not limited to repairing, striping, snow removal and maintenance of the parking spaces shall be assessed only to the Owner or Owners of Units for which [hose parking spaces are a Limited Common Element, All expenses will be assessed to the Commercial Units, the Residential Units and the Storage Units as determined by the Board in accordance with applicable guidelines as set out in this Declaration determined by the Board in its reasonable discretion. 9.3 Assessments -Common Exoeeses. Annually it shall be the responsibility of the Board to establish and adopt an operadng budget for the Association's fiscal year. The budge[ shall be estimated based on [he previous year's budget and projected expense for the coming year. The budge[ shall provide for the allocation of any surplus (ands remaining from any prior budget period and will identify and set apart those expenses which are [o be borne by the Owners of [he Commercial Units, Residential Units and Storage Units. Within sixty (60) days after adoption of the proposed budge[ by [he Board, [he Board shall mail, by ordinary firs[ class mail, or otherwise deliver a summary of the budget to all the Owners and shall set a date for a meeting of the Owners to wnsider ratification of the budget which date shall not be less than thirty (30) days nor more than ninety (90) days after the date of mailing or delivery of the summary. Unless at that meeting a majority of all Owners reject the budget, the budget is ratified and adopted. In the even[ [he Owners reject [he proposed budget, the last budget ratified by the Owners must be continued until such time as the Owners ratify a subsequent budge[ proposed by the Board. Regular assessments shall be collected by [he Association initially on a monthly basis, but maybe collected on a different fnnetable N the discretion of the Board. Except as emergencies may require, the Association shall make no commitment or exprnditures in excess of the funds reasonably expected to be available [o [he Association. 9.4 Pavmeut of Annual Assessment, Said annual budget shall he assessed to the Owners according tu each Owner's percentage of ownership in the Common Elements as set forth in Exhibit "1" pursuant to Paragraph 9.2 above, or as may be modified in accordance with the provisions of this Declaration Any and all such assessments shall be due on the first (I st) day of each month of said year. The Board or Managing Agent shall supply [o all Owners an itemized accounting of [he Common Expenses for the preceding calendar year ac[uatly incurred and paid, together with a tabulation of [he amounts collected pursuant to [he estimates provided, and showing the net amount over or short of the actual expenditures plus reserves. 9.5 Fzc •• Sh rtages nd Reserves. Any amount accumulated in excess of the amount required for actual expenses and reserves shall be credited according to each Owner's percentage of -2q_ I Iilll'IIII "IIII II" IIIIIII III' Iillll III IIIIIII II IIII 428613 04/12/1000 04:00P CONDO DE d1VI0 SILVI 24 of 44 R 221.00 D 0.00 N 0.00 PITNIN COUNtt CO ~,, s ownership in [he Common Elements to the next monthly installments due from Owners under the current year's estimate, m[il exhausted, and any net shortage shall be added, according to each Owner's percentage of ownership in the Common Elements, to the next two installments due after rendering of the accounting. However, if budgeted, such excesses may serve [o fund a reasonable reserve For contingencies and replacements. Ezimordinary expenditures not originally included in the annual budget which may become necessary during the yeaz shall be chazged first against such reserve. If said annual budge[ proves inadequate for any reason, including nonpayment of any Owner's regular or special assessment, the Board may at any time levy a further assessment, which shall be assessed to the Owners according to each Owner's percentage of ownership in [he Common Elements, in accordance with Exhibit "1", whichever apportionment shall apply under We circumstances necessitating [he adjustrment. The Board or Managing Agent shall serve notice of such further assessment on all Owners by a statement in writing giving the amount and reasons therefor, and such further assessment shall become effective with the next monthly payment which is due more than ten (10) days after the delivery or mailing of such notice of further assessmem. All Owners shall be obligated m pay the adjusted monthly amount. 9.6 Failure m Pr@yare or l2atifv Budget. The failure of the Board to prepare or serve the annual or adjusted budget on the Owners shall not cons[imte a waiver or release in any manner of the Owner's obligation to pay the maintenance and other costs and necessary reserves, as herein provided, whenever the same shall be determined, and in the absence of any annual budget or adjusted budge[, the Owners shall continue to pay the monthly assessment charges of the then existing monthly m[e established for the previous period until the next monthly assessment payment which is due more than ten (10) days after such new annual or adjusted budget shall have been mailed or delivereA. 9.7 jp5pection of Budget In addition to the other provisions of this Declazatioq the Board (or the Managing Agent acting for and on behalf of the Board) shall maintain espies of the budget, and accurate books and recoMs of receipt, expenditures, assets, and liabi]ities of the Association, and the obligations of each and all Owners thereto, and [he same shall be open for inspection by any Owner required to pay Assessments during any financial report period for which inspection is sought, or any representative of such Owner duly authorized in writing, at such reasonable time or times during normal business horns as may be requested by such Owner. 9.8 Assessments Held In Account of Declarant or Association. All funds collected hereunder shall be held and expended solely for the purposes designated herein, and (except for such special assessments as may be levied hereunder against less than all the Owners, and for such adjustments as may be required to reflect delinquent or prepaid assessments) shall be deemed to be held in tmst for the benefit, use and account of all the Owners in the percentages set forth in Ezhibit "1", whichever applies, or as such percentages may be modified as provided hereunder. 9.9 Pre-Budget Until such time as the Board shall have provided its first annual budget to the Owners, or for such other period as [he Board determines, the Board shall have the right to assess the Common Expenses, as hereinabove provided, on a monthly basis, and all Ownen; shall -25- I I'IIII VIII VIII' IIII IIIII'I I~II'lllll III IIII'll II IIII 420511 04/12/10!0 01:0lP COMO DE DIMS SILVI 2! et q4 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO r^ ~"1 ~. pdy SUCK RIORthly 055CSSltlents as advised by the Board or Managing Agent. The first annual budget may, a[ the option of the Association, be based on the historical expenses of the Bui)aing tlunng fts operation prior [o condominiumiza[ion. 9 10 Sdm^ed 1 ae sments - ('ommo0 Exomses. A special assessment is any assessment that is not levied pursuant to an approved budget. The Association may levy one or more special assessments to provide, for the renovation, repair or replacement, to the extent not covered by insurance, or [o provide for extraordinary maintenance, if the Board so determines, to the General Common Elements. Owners shall have Ore tight to ratify, by majority vole, any special assessment using the procedures se[ forth above as if [he special assessment proposal were an annual budget, except to the extent a special assessment is necessary or appropriate for repair or replacement to the extent of an uninsured casualty or loss by condemnation as provided by the Act and except as necessary for emergency repairs, or except as necessary to assess against an Owner the expenses caused by such Owner's misconduct as determined by the Board. Special Assessments levied for roof repair or replacement and/or boiler repair or replacement shall be kept in a fund Cor that purpose. Such fund may be established in advance of such expenditures. 9.11 $pec'al A a m nfs I dlvidual Owne (sl. The following expenses or charges incured by the Board (and/or Owners) shall be specially assessed to the individual Owner to which such expense or charge is applicable (in addition to any other costs, charges or expenses which by law, or [he terms of this Declaration, aze payable by an individual Owner): 9.11.1 The amount by which any premium for insurance maintained by the Board anNor Owner is increased as a result of any business, or other activity or act of such Owner, or Related Party, m the amount of any premium on new insurance which is purchased by the Board solely as a result of any business or oOter activity or ac[ of such Owner or Related Party. The written statement of the insurance carrier [o [he effect that a specific increase is attributable tm such business or other activity shall be conclusive as to such increase and [he amoral thereof. If such increased premium or new insurance premium is necessitated by the usual and customary business activity carried on in accordance with the terms of this Declaration in any wmmereial or professional Unit, then, upon the payment of such amount by the Owner of such commercial or professional Unit, such Owner shall mot be deemed in violation of the [emus or provisions of [his Declaration; 9.11.2 Any other assessment against an Owner as provided for in [his Declaration including, but not limited to Paragraph 4.10 above. 9.12 ~'ommenc meat of Asaessments. An Owner's obligations to pay Assessments shall commence on the First day of [he month after the recording of this Declaration by Declarant in the Pitkin County Records. The first monthly payment for regular assessments Cor each Condominium Unit may include an additional assessment in order to establish an initial working capital Cund for the Association ([he "Working Capital Contribution"). The Working Capital Contribution shall he retained by the Association and shall not be refundable to an Oumer, whether upon the sale of such _2(r_ I II'lll'llll I'lll' I'I' IIIII'I'lll IIII'I III I'lllll II III 425011 04/12/1555 04. BSP 001100 0E 0pVI5 SILVI 20 of 44 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO -. ~: Owners Condominium Unit or otherwise. This section will be subject to dre existence of leases and procedures established for the Building under Paragraph 9.9 above, and as reasonably reyuirod in the opinion of the Association. 9.13 Rioht of Ins0eMion. Any Owner required to pay Assessments during any financial report period (and seeking inspection of the Association's records for such period, or first or junior mortgagce may, pursuant to C.R.S. §38-33-107 (1973, as amended), inspect [he Association s records of receipts and expenditures, once per Year, at any reasonable time during convenient weekday business hours; and, on twenty (20) days notice to the Board or Managing Agent, if any, and on payment of a reasonable fee not to exceed Filly Dollars ($50.00), any Owner or first mortgagee of such Owner shall be famished a statement of account setting forth the amount of any unpaid assessments, or other charges due and owing from such Owner. q, Iq Aaaesam nt Res rve°. The Association may require an Owner, other than Declarant, to deposit with the Association an amount not exceeding two (2) times the amount of the original estimated monthly common assessment, which sum shall be held, without interest, by the Association as a reserve to be used for paying such Owner's monthly common assessment, and for working capital. Such an advance payment shall not relieve an Owner Crom making the regulaz monthly payment of [he common assessment as the same comes due. (fi the transfer of his Uoii, an Owner shell be entitled to a credit from his transferee for any unused portion thereof. Such reserves shall, a[ all times, remain as capital of the Association. 9.15 ~' II tioo d Enforcement Remedies. 9.15.1 All assessments or installments thereof shall be due and payable at the time or times designated by the Board by written notice delivered to the Owners. Overdue assessments shall bear interest at 18%per annum, or such other lawful rnte or charge as the Board may determine from time to time. The payment of any assessment payable in installments may be accelerated by the Board for failure to pay any installment when due. 9.15.2 An assessment shall be the individual obligation(s) of the Owner(s) of the Condominium Uni[ at the time the assessment is levied against the Condominium Unit. A suit [o recover a money judgment for unpaid assessments may be maintained against any Owner(s) without waiving or otherwise prejudicing [he Association's right [o pursue its remedies otherwise provided herein. The Association shall be entitled to recover the costs, expenses, and reasonable attorneys' fees as additional sums due under any lien which may be filed or otherwise which are incurted in bringing any action for payment of assessments or [o enforce compliance with any provision contained herein including [hose set forth in [he Rules and Regulations adopted by the Association and shall become additional assessments due from the delinquent Owner(s) and shall be added [o the lien described below. 9.15.3 For the purposes of [his Article, the term "assessments" includes any amounts due in accordance with the terms of this Declaration. _27_ I IIIIII "III IIIIII III' IIIIIII IIII IIIIII III IIIIIII II IIII 423311 04/12/ISM 04:00P CONDO ~ ORVIS SILV2 27 of 44 R 221.00 0 0.00 N 0.30 PI7NIN COUNT7 CO 6r, ~ d 9.15.4 The Association shall have a lien and a right to foreclose such lien against a Condominium Uni[ for any assessments against the Condominium Unit which are due and unpaid from the date of the assessment. Costs of collection, and foreclosure of [he lien, including without limitation, reasonable attorneys' fees and other court costs, shall be added to fhe assessment lien amount. All amounts unpaid may be evidenced by a statement executed by the Association and recorded in the office of the Clerk and Recorder of Pi[kin County, Colorado. The assessment lien shall be a continuing lien upon the Condominium Unit against which any assessment is made. The assessment hen is prior to all other liens and encumbrances on a Condominium Unit excepC (1) liens and encumbrances recorded before the recordation of the Declaration; (2) a first lien Mortgage on the Condominium Unit recorded before the date on which the assessment sought to be enforced became delinquent; and (3) liens for real estate taxes and other govertunental assessments or charges against the Condominium Unit. The assessment lien shall also be prior to the Mortgage described in (2) above m the extent of an amount equal to the assessment (based on fie periodic budge[ adopted by [he Association which would have become due, in the absence of any acceleration) during the six months immediately preceding instiNtion, by either the Association or any party holding alien senior to the assessment lien, of an action or a non judicial foreclosure either to enforce or to extinguish [he lien. In no event shall the priority accorded, under [his Pazagraph, to such lien exceed one hundred fitly percent (150%) of the average monthly assessment during the immediately preceding fiscal year, multiplied by six. This Article does not prohibit an action to recover sums for which this Article creates a lien or prohibit the Association from taking a dced in lieu of foreclosure. Sale or transfer of any Condominium Uni[ shall not affect the Association's Gen except that sale or transfer of any Condominium Unit pursuant to forcelosure of any first lien security interest, or any proceeding m lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the Association's lien to the extent required by the Act. No such sale, transfer, foreclosure, or any proceeding in lieu thereof, including decd in lieu of foreclosue, nor cancellation or forfeiture shall relieve any Condominium Unit from continuing liability for any Assessments [hereafter becoming due, nor from the lien thereof. 9.16 iab'Ii1y_ot Owners P rcha•_ers and Eocumbrancers. The amount of any assessment, charge, fine or penalty payable with respect to any Condommtum Uni[ by the Owner(s), or a Related Party of such Owner, shall be a joint and several obligation to [he Association of such Owner(s) and such Owner's(s') heirs, personal represrntatives, successors and assigns. A party acquiring fee simple title to a Condominium Unit shall bejointly and severally liable with the fomrer Owner(s) for all such amounts which had accrued and were payable at the time of the acquisition of fee simple title to the Condominium Uni[ by such party without prejudice [o such party's right [o recover any of such amounts paid from the Fortner Owner. Each such amount, together wiilr interest [hereon, may be recovered 6y suit for a money judgment by the Association without foreclosing or waiving any lien securing the same. Subject to Paragraph 9.15 above, which will prevail, a First -28- I I'IIII "III'IIII' I"' IIIII'I III"II'II III "II'II II IIII 420011 0q/12/30M ~•~ ~~ ~ CM1VI5 SILVI 28 et A4 R 221.00 0 0.00 N 0.00 PITKiN COUNTY CO ,.,. r .,~ MnrtpapCO Of 8 CORd0I111R1u01 URII Shall Oot be liable for any such assessment, charge, Fne or penalty and the lien for any such assessments, charges, fines or penalues sttatl be junior w the tiro of a Firs[ Mortgage on a Condominium Uni[ taken in good faith for value if such First Mortgage is perfected by recording in the office of the County Clerk and Recorder of Pitkin County, Colorado, prior to the time a notice of lien for failure to pay any such amount is recorded in such office by the Association. q,p t t Unpaid A sesaments. On payment of a reasonable fee specified in roles and regulations adopted by the Boad, and on twenty (20) days prior written notice from any Owner, or any mortgagee or prospective mortgagee of a Unit, the Association, by its Managing Agent or Boazd, shall issue a written statement setting forth the amount of the unpaid Common Expenses, if any, with respect to the subject Condominium Unit, [he amount of the current monthly assessment, the date such assessment becomes due, the amount of any assessment reserve on deposit with [he Association, and any credit for advanced paymems for prepaid items, including, but not limited m, instuatrce premiums, which statement shall be conclusive on the Association in favor of all persons and mortgagees. On payment of a reasonable fee specified in rules and regulations adopted by the Board, on written request, any heir, personal representative, successor and assign shall be entitled to a statement from the Managing Agent or Board setting forth the amount of the unpaid Common Expenses and special assessments, if any, with respect to the subject Unit, the amount of the current monthly assessment, the date that such assessment becomes due, the amour[ of any assessment reserve on deposit with the Association, and any credit for advanced payments for prepaid items, including, but not limited to, insurance premiums, which statement shall be conclusive on the Association in favor of all persons who rely thereon in good faith. The provisions contained in this Paragraph shall not apply on initial transfer of the Condominium Units by Declarant, and such sales shag be free from any liens or common or special assessments to [he date of the conveyance by the Declarant. Any Owner shall have [he right, from time to time, to mortgage or encumber his Unit by deed of host, mortgage, or other security instrument. The Owner of a Unit may create junior mortgages (junior to the lien, deed of Ims[, or other encumbrance of Rre first mortgagee) on his Unil on the following conditions: (e) that any such junior mortgages shall always be subordinate [o all of the terms, wnditions, covenants, restrictions, uses, limitations, obligations, liens for Common Expenses, and other obligations created by this Declaration, the Articles, and [he Bylaws; and, (b) that the mortgagee under any junior mortgage shall release for the purpose of restoration of any improvements on the mortgaged premises all of his right, title, and interest in and to [he proceeds under all insurance policies effected and placed on the Project by the Association. Such release shall fie famished forthwith by a junior mortgagee upon such financing . 9.18 No ~irther Recordation. Recording of [his Declazation constitutes rewrd notice and perfection of the lien. No further recordation of any claim of tiro for assessment under this Article 9 is required. _z9_ I IIIIII'llll'lllll I'I' IIIIIII'Ilf IIIIII III I'lllll II IIII 28 of M 8 223.08 8 8.00 N 8.00 PIIKIN COUNTY CO .. .'~ t .. 9.19 ~h3of Fpcumbraueers. Subject to this Article 9, any encumbrancer holding a lien on a Condominium Unit may pay any unpaid Common Expenses payable with respect to such Condominium Unit, and, on such payment, such encumbrancer shall have a lien on such Condominium Unit for the amounts paid of the same rank as the lien of his encumbrance. 9.20 N rice to First MortQaeees. The Association shall, on request, deliver written notice to the first mortgagce of a Condominium Unit o[ any assessments remaining unpaid for longer than sixty (00) days after the same are due, as well as of any odrer default of an Owner hereunder known to the Association which is not cured within sixty (60) days. 9.21 Righ of Other ieps. Declarant states, in accordance with the requirements of [he Act, that it is possible that liens other than mechanic's liens, assessment liens, and tex liens may be obtained against the General Common Elements, includingjudgment liens and mortgage liens. 9.22 Release oT S.~ep. Any recorded lien for nonpayment of the Common Expenses may be released by recording a release of lien executed by a member of the Board. 9.23 feats and Attorneyg;F,~es. The Association shell be entitled [o costs and reasonable attorneys fees incurred by the Association in a judgment or decrce in any action or suit brought by the Association under this Article 9. 10. ADDII7ONS,ALTERATIONS ANDIMPROVEMENTS-GENERAL AND LIMITED COMMON ELEMENTS. There shall be no capital additions, alterations, or improvements of or to the General or Limited Common Elements by the Association requiring expenditure(s) in excess of Fifty Thousand Dollars ($$Q,000.00), or in excess of any amount as determined by the Board at any time to reflect economic realities, in any one (1) calendar year, without, in each case, prior approval by the Owners of seventy percent (70%) of the Common Elements, as shown on Exhibit "1". The limitations set forth above shall not apply to any expenditures made by the Association for maintenance and repair of the Common Elements, as set forth in Article 8 hereof, or for repair in the even[ oC damage, destmc[ion, or condemnation, as provided in Article 8 and Article ]4 hereof. 11. INSURANCE 11.] Inser:...ee Rea ~'remepts Genera0v. The Association or Managing Agent shall obtain and maintain in full force and effect at all times certain properly, liability and other instrance as hereinafter provided. All such insurance shall be obtained from responsible companies duly authorized and licensed [o carry on the insurance business in the Stale of Colorndo. All such insurance, to the extent possible, shall name [he Association as the insured, in its individual capacity and also either as attorney-in-Fact or tmstce for all Owners and each Owner as a named insured. To the extent reasonably possible without unreasonable cost, insurance: (a) shall to the extent possible provide for a waiver of subrogation by the insurer as to claims against the Association, its managers, -30_ I IIIIII VIII llllll Ilil llllill III' llllll VI'II' Illll I'll 420011 0q/12/SBlS 04.0SP CONDO DE DRVIS SILVI 30 pf 44 R 221.00 D 0.00 N 0.00 PITI(iN COUNTY CO .... ~., ~., .. officers, employees and agents and against each Owner and each Owner s employees, agents a¢d Related Parties; (b) shall provide that the insmance cannot be canceled, invalidated or suspended o¢ account of [he conduct of the Association, its officers, managers, employces and agents or of any Owner or such Owuer's Related Parties; (c) shall provide that any "no other insurance" clause in the insurance policy shall exclude any policies of instuance maintained by any Owner or Mortgagee and that the insurance policy shall not be brought into contribution with insurance maintained by any Owner or Mortgagee; (d) shall contain a standard mortgage clause endorsement in favor of the Mortgagee of any Condominium Unit except a Mortgagee of a Condominium Unit who is covered by other similaz instrance; (e) shall provide that the policy of insurance shall not be lenninated, canceled or substantially modified without al least te¢ (10) days prior written notice to the Association and [o each Owner and to each Mortgagee covered by any standard mortgage clause endorsement; and (t) shall provide that the insurer shall not have the option to restore the premises if condominium ownership of the Project is [o be terminated or the Project is to be sold in its entirety in accordance with the destmctioq condemnafion and obsolescence provisions of this Declaration. 'Co the extent possible, public IiabiGty and property damage insurance shall provide for coverage of any cross-liability claims of Owners against the Association or other Owners and of the Association against Owners without right oC subrogation. Any insurance pohcy may contain such deducfible provisions as the Association deems consistent with good business practices. All policies shall be written by a company, or companies, falling into a financial category as designated in Best's Key Rating Guide, of Commercial or better. Certificates of insurance coverage or copies of insurance policies shall be issued to each Owner and each Mortgagee who makes written request to the Association for any such certificate or copy of an insurance policy. 'Che cost and expense of all insurance obtained by the Association, except insurance wvering additions, alterations or improvements made to a Condominium Uni[ by an Owner or the contents therein or other insurance obtained at the request of and specifically benefitting any particular Owner, shall be a Common Expense to be covered by assessments as elsewhere provided in this Declamtion. "the Association shall obtain an independent appraisal of the Project at least every three (3) years, or more oRen if the Board deems it advisable; provided, however, that said appraisal may be performed by an appraiser employed by an insurance company. 11.2 Pro¢°-'- and as .alts Insurance. The Association shall obtain and maintain property and casualty insurance covering the Project, and each Unit, covering loss or damage by fire and such other hazards as are covered under standard extended coverage policies, with vandalism and malicious mischief endorsements, and, if available and if deemed appropriate by the Association, other casualty risks, for the full insurable replacement cost of the Project, including each Unit with an inflation guard endorsement that automatically increases the amount of coverage by a fixed percentage al leas[ quarterly. At the option of [he Association, such insurance may also cover -31- Illill "III llllil I'I' IIIII'I'~II'lll'I III IIII'II'I I'll 31 of 94 R YL1.00 0 0.09 N 0.00 PITIfiN 990t11'Y lp .. additions, alterations, or improvements to a Unit made by an Owner if the Owner reimburses [he Association for any additional prendums attributable to such covemge. The Association shall not be obligated to apply any insurance proceeds to restore a Condominium Unit to a condition better than [he conditions existing prior to [he making of additions, alterations, or improvements by an Owneq in the absence of insurance covering such additions, alterations, or improvements as aforesaid. Each Owner shall be a named insured under these policies. 7'he Board shall fiom lime to time be required to redetermine the full replacement cos[ of the Common Elements, the Association Property and the Units in accordance with the requirements of the insurance company providing such property insurance. 11.3 P blic L'abil'(Xgi~llylly' Dama¢e Insurance. The Association shall obtain and maintain comprehensive public liability and properly damage insmance covering personal liability, property damage liability and automobile personal and property damage liability of the Association, its officers, directors, managers, employees and agents and of each Owner and each Owner's Related Parties, arising in connection with ownership, operation, maintenance, occupancy or use of the Project or of any Condominium Unit in the Project with single limit of not less than $1,000,000 for each occurrence involving bodily injury liability and/or property damage liability, together with an umbrella policy in [he amount of $3,000,000.00 or in such amounts as shall be deemed pmdent by the Board from time to time. 11.4 Wo 6er s Cp~peosaL o sad Emnlov r' I iah'Iity I seran .The Association shall obtain and maintain worker's compensation and employer's liability insurance as may be necessary to comply with applicable laws. 11.5 In u~y O._ w°ers. Insurance wverage on contents, merchandise, furnishings, and other items of personal or other property belonging to an Owner, and public liability covemge within each Unit, shall be the sole and direct responsibility of the Owner thereof, and the Board, the Association, and the Managing Agent shall have no responsibility therefor. Any insurance policy obtained by an Owner shall be such that i[ will not diminish or adversely affect or invalidate any insurance or insurance recovery under policies tamed by the Association, and shall, to the extent possible, contain a waiver of [he right of subrogation by the insurer as to any claim against the Association, its officers, managers, agents, and employees, and against the Owners and their employees and guests. A wpy of any insurance policy obtained by an Owner shall be famished to the Association on the written request of the Association. 11.6 R~IQt ad Aoolicatlou of P oceeds. Except as some particular person has a legal right to receive insurance proceeds directly, all insurance proceeds and recoveries shall be paid to and received by the Association. All insurance proceeds or recoveries received by the Association shall be applied by the Association: first, as expressly provided elsewhere in this Oeclaza[ion; second, to the Owners or persons who the Association may determine are legally or equitably _52_ 1111111 IIIII 111111 IIII 1111111 IIII 111111 III IIIII IIII INI 32 ei 44 R 221.00 D 0.00 N O. DD PITKIN COIRITY CO a. - .~, CRI1tiCd dtCilDl0; and third, the balance, if any, [o Owners in proportion to their respective interests in General Common Elements. 11.7 Other In era ce by Association. The Association shall also have the power or authority to obtain and maintain other and additional insurance coverage, including casualty insurance covering personal property of the Association, fidelity bonds or insurance covering employees and agents of the Association and insurance indemnifying officers, managers, directors, employees and agents of the Association. 11.8 Owner Inerea_ed Preraerr~. In the event that, as a consequence of [he hazardous use oC any Condominium Unit, or of any Owner installed improvements to any Condominium Uni6 the premiums of any policy of insurance purohased by the Association aze increased, or special policy is required, the cost of such increase or specific policy shall be payable by the Owner of such Condominium Uni[. 12. DAMAGE, DESTRDCTION AND OBSOLESCENCE. This Declaration does hereby make mandatory the irtevocable appointment of an atto~ey-in- fact to deal with the Project on its destmction, repair, or obsolescence. Title to any Unit is declared and expressly made subject to We terms and conditions hereof, and acceptance by any grantee of a deed from the Declarant or from any Owner shall constitute appointment of the attorney-in-fact as herein provided. 12.1 Ri nr otASS 'lion as AtLrnev- n-Fact. All of the Owners irrevocably constitute and appoint the Association as [heir attorney-in-fact for the purpose of dealing with [he Project on its destmetion, repair, or obsolescence, as is hereinafter provided. As attorney-in-fact, the Association, by its President and Secretary, shall have full and complete authorization, right and power [o make, execute, and deliver any contract, deed, or any other instrument with respect to the interest of an Owner which is necessary and appropriate to exercise the powers herein granted. Repair and reconstmc[ion of the improvements as used in the succeeding Paragraphs means restoring the improvements [o substantially the same condition N which [he improvements existed prior to [he damage, with each Unit, the General Common Elements, and the Limited Common Elements having substantially the same vertical and horizontal boundaries as before. Except as is otherwise herein provided, the proceeds of any insurance collected shall be available to the Association for the purpose of repair, restoration, or replacement, unless all Owners and all first motfgagces agree not to rebuild in accordance with the provisions set forth hereinafter. 12.2 "o Abatement aC Assessments. Assessments for Common Expenses shall no[ be abated during the period of insurance adjustment, and repair and reconstruction. 33 - 111111 IIIII 111111 IIN 1111111 III IINII III IIIII IIII IIII 428011 &1/14/1000 04.00P CONDD DE Df1VI8 SILVI 33 of 44 R 421.00 D 0.00 N 0.00 PITKIN C011111Y CO r- ~ 12.3 am / evenry-Flue Percent (2;~/vJ o(ProJec[ or I ess. In the event of damage or destruction to the Project m the eztenl of not more than seventy- five percent (75%) of the squaze foot azea of the Building to fire or other disaster, the insurance proceeds, if sufficient [o reconstmct the improvements, shall be applied by the Assoeiatioq as attorney-in-fact, to such reconstmetion, and the improvements shall be promptly repaired and reconstmcted. The Association shall have full authority, right, and power, as attorney-in-fact, to cause the repair and restoration of the improvements. If the insivarice proceeds are insuRtcient to repair and recons[mct the impmvements, and if such damage is to the extent of not mom than seventy-five percent (75%) of the squaze foot area of the Building, such damage or destruction shall be promptly repaired and reconstmcted by the Association, as attorney-in-fact, using the proceeds of insurance and the proceeds of an assessment to be made against all of the Owners and their Units. Such deficiency assessment shall be a common expense and made pro rata according to each Owners interest in the Common Elements, as se[ forth on Exhibit "1" attached hereto, and shall be due and payable within thirty (30) days after written notice thereof The Association shall have toll authority, right and power, as attorney-in-fact, to cause the repair or restom[ion of the improvements using all of the insurance proceeds and such assessments, notwithstanding the failure of an Owner to pay an assessment The assessmrnt provided for herein shall be a debt of each Owner and a lien on his or her Uni[, and may be enforced and collected as is provided herein above. In addition thereto, the Association, as attorney-in-fact, shall have the absolute right and power to sell the Unit of any Owner refusing or failing to pay such deficiency assessment within the time provided, and, if not so paid, the Association shall cause to be recorded a notice that the Unit of the delinquent Owner shall be sold by [he Association, as attorney-in-fact. The proceeds derived from the sale of such Unit shall be used and disbursed by the Association, as attorney-in-fact, in the following order: 12.3.1 For payment of taxes and special assessment liens in favor of any assessing entity and customary expenses of sale; 12.3.2 For payment of [he balance of the lien of any firs[ mortgage; 12.3.3 For payment of unpaid Common Expenses, including the prorated share of the deficiency assessment, attorneys' fees, and costs of collection; 12.3.4 For payment ofjunior liens and encumbrances in the order of and to the extent of their priority; and 12.35 The balance remaining, if any, shall be paid to [he Owner whose Unit is sold. -34- I IIIIII "III IIIIII I"I IIIII'I'lll'lllll III II'If IIII IIII 149013 04/14/1000 04:00P CONDO D! DIMS fILVI 34 el 44 R 421.00 D 0.00 N 0.00 PITNIN COUNTY CO -~., .../ 12.4 Damage/More Than Seven{y-Flue Percent (~5 % 1 of Pr~,ject. If [he Project is destroyed or damaged to [he extrn[ of more than seventy-five percent (75%a) of the square foot area of the Building, and the Owners of seventy peroent (70 %) or more of the Common Elements, as set forth on Exhibit "l" attached hereto, adopt a written plan for reconstmction, Wen all of the Owners shall be bound by [he terms and other provisions of such plan. Any assessment made in connecfion wiW such plan shall be a common expense, and shall be made pro rata according to each Owners percentage interest in the Common Elements, as set forth on Exhibit "1" attached hereto, whichever applies and shall be due and payable as provided in the terms of such plan, but no[ sooner Wan thirty (30) days after written demand thereof. The Association shall have the right to use, in acwrdance wiW such plan, all proceeds of insurance for such destruction or damages, as well as the proceeds of an assessment to be made against all of the Owners and their Units. The Association shall have full authority, right, and power, as attomey-in-fact, to cause We repair and res[omtion of the hnprovements using all of the insurance proceeds and assessments for such purpose, notwithstanding the failure of an Owner to pay the assessment The assessment provided for herein shall be a debt of each Owner and a lien on his Unit, and may be enforced and collected as is provided herein above. In addition Wereto, [he Association, as attomey-in-fact, shall have the absolute right and power to sell We Unit of any Owner refusing or failing to pay such assessment within We time provided, and, if not so paid, We Association shall cause to be recorded a notice that the Unit of We delinquent Owner shall be sold by the Association. The proceeds derived from We sale of such Unit shall be used and disbursed by the Association, as attomey-in-fact, for We same purposes and in We same order as is provided m Subparagraphs 13.3.1 through 13.3.5 of Pazagraph 13.3. If the Project is damaged or destroyed [o We extent of more Wan seventy-five percent (75%) of the square foot area of the Building, and if We Owners of seventy percent (70%) or more of the Commou Elements, as se[ forth on Exhibit "1" attached hereto, vote not to adopt a plan for repav and rewns[mc[ion, We Association shall forthwiW record a notice setting forth such fact or facts, and, on the recording of such notice by We Association's President and Secretary, We entire temawng Project shall be sold by We Associatioq as attomey-in-fact for all of the Owners, free and clear of the provisions contained in Wis Declaration, We Map, We Articles and We Bylaws. The insurance settlement proceeds shall be collected by We Association, and such proceeds shall be divided by the Association according to each Owner's interest in the Common Elements, as set forth on Exhibit "1" attached hereto, and such divided proceeds shall be paid into separate accounts, each such account representing one (1) of We Units. Each such account shall be in the name of the Association, and shall be further identified by the Uni[ designation and We name of [he Owner. Thereafter, each such account shall be supplemented by the apportioned amount of the proceeds derived from [he sale of We entire Project Such apportionment shall be based on each Owner's percentage interest in We Common Elements, as set forth on Exhibit"1" attached hereto. The total funds of each account shall be used and disbursed, without contribution from one account to another by the Association, as attomey-in-fact, For We same purposes and in the same order as is provided in Subparagraphs 13.3.1, through 13.3.5 of Paragraph 13.3. The provisions contained in Pazagmph 'I -35- I IIIIII VIII VIII IIII IIIIIII IIII IIIIIIIII VIII IIII I'll 42!011 04/14/1000 04:00P CONDO 0! DRVIS S1LYI 30 of 44 R 241.00 D 0.00 N 0.00 PITKIN COUNTY CO ~^ a 13.3 shall no[ hinder the protection given to a first mortgagee or first deed of tmst holder under a mortgagee or deetl of trust endorsement. 12.5 Plap for Rrpewal nd Re^opstrectlon. The Owners of seventy percent (70%) or more of the Common Elements, as set forth on Exhibit "1" attached hereto, may agree that [he Units and the Common Elements aze obsolete, and adopt a plan for the renewal and reconstmction [hereof. If a plan far the renewal or reconslmction is adopted, notice of such plan shell be recorded, end [he expense of renewal and recons[mclion shall be payable by all of the Owners as a wmmon expense; and shall be made pro rata according to each Owner's percentage interest in [he Common Elements, as se[ forth on Exhibit "1" and shall be due and payable as provided in the terms of such plan, but not sooner than thirty (30) days after written demand thereat. The assessment provided for herein shall be a debt of each Owner and a lien on his Unit, and may be enforced and collected as is provided herein above. In addition thereto, ate Association, as attomey-in-fact. shall have the absolute right and power to sell the Unit of any Owner refusing or failing to pay such assessment within the time provided, and, if no[ so paid, the Association shall cause to be retarded a notice that the Unit of the delinquent Owner shall be sold by the Association. The proceeds derived from the sale of such Unit shall be used and disbursed by [he Association, as attomey-in-fact, for [he same purposes and m the same order as is provided in Subparagraphs 13.3.1 through 13.3.5 of Paragraph 13.3. 12.6 T i t' f C moo Interest Community. In compliance with C.R.S. §38-33.3-218, the Owners representing seventy percent (70%) or more of the Common Elements, as set forth on Exhibit "1" attached hereto, mey agree [hat the Units are obsolete and the property should be sold. In such instance, [he Association shall forthwith record a termination agreement executed by a majoriTy of Owners in [he same mapner as a deed, setting forth such fact or facts, and, on [he recording of such termination agreement by the Association's President and Secretary, the entire Project shall be sold by [he Association, as attomey-in-fact fm all of the Owners, free and cleaz of the provisions contained in this Declaration, the Map, the Articles and the Bylaws. The termination agreement must specify a date after which the agreement is void if not rewrded. The sale proceeds shall be apportioned between the Owners on the basis of each Owner's percentage interest in the Common Elements, as set forth on Exhibit "1" attached hereto, and such apporioned proceeds shall be paid into sepazate accounts, each such account representing one (1) Unit. Each such account shall be in the name of the Associa[ioq and shall be further identified by the Unit designation and the name of the Owner. From each separate account, the Associatio4 as attomey-in- fact, shall use and disburse the total ameunt (of each) of such accounts without contribution from one (1) account to another for [he same purposes, and in [he same order as is provided in Subparagaphs 13.3.1 through 13.3.5 of Paragraph 13.3. 13. CONDEMNATION/EMINENT DOMAIN 13.1 ons uences of Condempatlon. If, at any time or times during the continuance of condominium ownership pursuant [o this Declaration, all or any part of the Project shall be taken, 36 - I IIIiII VIII VIII' Illl IIIIIII Illl Illlll III IIII IIII I'll 428011 09/f2/18W 09:00P CDIOO DE d1VI8 SILVI 36 nY 99 R 221.00 D 0.00 N 0.00 PITKIN C0181TY CO a condemned by any public authority, or sold or otherwise disposed of in lieu of or in avoidance thereof, the provisions of mis Yamgmph shall apply. 13.2 Proceeds. All compensa[ioq damages, or other proceeds therefrom, [he sum of which is hereinafter called the "condemnation award", shall be payable to the Association for distribution as hereafter set forth. 13.3 Com¢lete Teki¢e. In the event the entire Project is taken, condemned, sold, or otherwise disposed of in lieu of or in avoidance thereof, condominium ownership pursuant to tltis Declaration shall terminate. The condemnation award shad be apportioned among [hc Owners in proportion to their respective undivided interests in the Common Elements, as set forth on Exhibit "1" attached hereto; provided, however, that, if a standard different from [he value of the Project as a whole is employed to measure the condemnation award in the negotiation, judicial decree or otherwise, in determining such share, the same standard shall be employed io the extent it is relevant and applicable. 13.4 Portal Takinv. In the even[ less than the entire Project is [akeq conderned, sold, or otherwise disposed of in lieu of or in avoidance thereof, the condominium ownership hereunder shall not terminate. Each Owner shall be entitled to a share of the condemnation award to be detemilned in the following manner. As soon as pmc[icable, the Association shall reasonably and in good faith allocate the condemnation award among compensation, damages and other proceeds, and shell apportion the amounts so allocated among the Owners as follows: 13.4.1 The total amount allocated to taking of or injury to [he Common Elements shall be apporfioned among the lhvners in proportion to [heir respective undivided interests in the Common Elements so taken. 13.4.2 The total amount allocated to severance damages shall be apportioned to those Units which were not taken or condemned. 13.4.3 The respective amounts allocated to [he taking of or injury to a particulaz Unit, and/or improvements an Owner had made within his own Unit, shall be apportioned to [he particular Unit involved. 13.4.4 The amount allocated [o consequential damages and any other takings or injuries shall be apportioned as the Association determines to be equitable under the circumstances. If an allocation of the condemnation award is already established in negotiation, judicial decree or otherwise, in allocating the condemnation award, the Association shall employ such allocation to the extent it is relevant and applicable. Any distribution of the condemnation award made pursuant [o [his Pamgmph shall be made by checks payable jointly to the Owners and [heir first mortgagees. -37- I IIIIII VIII VIII' III' IIIIIII IIII IIIIII III VIII III IIII 421011 04/12/1808 04i00P CONDO OE OPVIS SILVI 37 of N R 221.00 D 0.00 N 0.00 PI7NIN COUNTY CO r^ ~ 17.5 DistributioK. The Association shall, as soon as practicable, determine the share of the condemnation award to which eazh Owner is entitled. Such shares shall be paid into separate accounts and disbursed as soon as practicable; provided, however, that in the event of a complete taking, such distribution shall be made in the same manner as is provided in Subparagraphs 13.3.1 through 13.3.5 of Pazagraph 13.3. 13.6 Mor{gaP No c . The Association shall give timely written notice to each firs[ mortgagee of the commencement of any wndemnation or eminent domain proceedings, and shall notify the first mortgagees in the event of the taking of all or any part of the General Common Elements. 13.7 1~ n' ati n. In the event a partial taking results in the taking of a wmplete Unit, the Owner thereof automatically shall cease to be a member of the Association, and such Owner's interest in the Common Elements shall thereupon terminate, and the Association, as attorney-in-fact for such Owner, may take whatever action is necessary, and execute such documents as are necessary, to reflect such termination. Thereafter, the Association shall reallocate the ownership, voting rights, and assessment ratio determined in accordance with this Declaration, according to the same principles employed in this Declaration a[ its inception, and shall submit such reallocation to the Owners of remaining Units for amendment of this Declaration, as provided in Paragaph 14.3 of Article 14. 14. MISCELLANEOUS 14.1 D larant's R~ Traceable. Any right or interest of the Declarun established or reserved N this Declaration may be fransfered or assigned by Declarant either separately or with one or more of such rights or interests. 14.2 D ratlor of Declaratiom. Each provision wn[ained in this Declazation which is subject to the laws or rules sometimes refered to as the Rule Against Perpemilies or the rule prohibiting unreasonable restraints on alienation shall continue and remain in full force and effect for the period of twenty-one (2l) years following the death of Forrest L. Smith and Gideon I. Kaufman, and the now living children of such persons ([he "Perpetuities Period") or until [he Declaration is terminated as hereinafter provided, whichever first occurs, unless within such Perpetuities Period this Declaration is renewed by the atTrmative act of Owners of all of the then existing Condominium Units as signified by a writing subscribed by all of such Owners and placed of record in the Pitkin County real property records. All other provisions contained in this Declaration shall continue and remain in full torte and effect until condominium ownership of the Project and this Declaration is terminated or revoked, as hereinafter provided. 14.3 emP..dme t and Terminatlom. Any provision contained in [his Declaration may be amended, or additional provisions maybe added to this Declaratioq and Unit ownership of [he Project may be terminated or revoked by the recording of a written instrument or instruments specifying [he amendment or addition, or the fact of termination and revocation, executed by the 38 - 111111 IIIII 111111 IIN 1111111 IIII 111111 III IIIII IIII IIII 3B s1 44 R Yp1.00 D 0.00 N 0.u0 PITKIN COUNTY CO UWRC[S, as shown by the records of the office of the Clerk and Recorder of Piddn County, Colorado, of Units representing an aggregate ownership interest of a majority oCthc Common Elements, asset forth on Exhibit" 1" attached hereto; provided, however, that in no even[ shall the undivided interest of an Owner in the Common Elements be decreased without the unanimous consent of each Owner; and provided, further, that so long as Declarant continues to own one (1) or more Units which he is holding for rental or sale, no right of Declarant contained in this Declaration maybe amended or modified without the wnsent of Declarant and, provided further, that no amendment may be made to lessen [he percentage of ownership of the Common Elements set forth herein as being required for any action set forth in any specific pazagraph or subpazagraph hereof. 14.q Enforcement and Remedies. Each provision of [his Declaration with respect to an Owner or the Condominium Unit of an Owner shall be enforceable by the Association by a proceeding for a prohibitive or mandatary injunction or by a suit, including an action of foreclosure, or action [o recover damages, or, in dre discretion of the Association, For se long as any Owner fails to comply with any such provisions, by denial of all voting rights of such Owner and exclusion of such Owner and Related Parties of such Owner from use of any Common Elements. If court non- judicial proceedings are instituted in correction with the rights of enforcement and remedies provided in this Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith, including reasonable attorneys' fees. 14.5 Jjg0tlon of r tees. Each grantee of the Declarant, by the acceptance of a deed of conveyance, accepts the same subject to all [enns, provisions, easements, restrictions, conditions, covenants, reservations, liens and chazges, and drejurisdiction, rights, aM powers created or reserved by this Declaration, the Articles, and Bylaws of the Association, and the provisions of the Colorado Common Interest Ownership Act, as at any time amended, and all easements, rights, benefits and privileges of every character hereby granted, crested, reserved or declared, and all impositions and obligations hereby imposed shall be deemed and taken to be covenants running with the land, and shall bind any person having at any Gme any interest or estate in said manner as though the provisions of [his Declaration were recited and stipulated at length in each and every deed of conveyance. 14.6 FRe t of Provision of Declaration. Each provision of this Declaration, and an agreement, promise, covenant, and undertaking to comply with each provision of this Declaration, and any necessary exception or reservation or grant of title, estate, right or interest to effectuate any provision of this Declarmtion, shall: 14.6.1 be deemed incorporated in each deed or other instrument by which right, title, or interest in We Project, or in any Condominium Unit, is granted, devised or conveyed, whether or not set forth or referred to in such deed or instrument; 14.6.2 by virtue of acceptance of any right, title, or interest in the Project, or in any Unit by an Owner, be deemed accepted, ratified, adopted, and declared as a personal covenant of such Owner and, as a personal covenant, shall be binding on such Owner and -39- 1111111 IIIiI 111111 I III 1111111 IIII IIINI III (IIII IIII I Iii 420011 04/IZ/I1K0 04.00P C1M100 DE DRVIS SILVI ~9 of 44 R 221.00 C 0.00 R 0.00 PITKIN 000lITV CO ,-r such Owner's heirs, personal representatives, successors and assigns, and shall be deemed a personal covenant to, with and for the benefit of the Association, and not to, with, or for [he benefit of any other non-aggrieved Owner, 14.5.3 be deemed a real covenant by Declarant, for itself, its successors and assigns, and also an equitable servitude running, in each case, as a burden with and on the title to the Project and each Unit and, as a real wvenant and also as an equitable servitude, shall be deemed a covenant and servitude for the benefit of [he Project and each Unit; and 14.5.4 be deemed a covenant, obligation and restriction secured by a lien in favor of the Association burdening and encumbering the title to the Project and each Unit in favor of the Association. 14.7 Protection of Encembrencer. Subject [o the other related provisions of [his Declarmtion, no violation, breach of or failure to comply with any provision of this Declaration, and no action to enforce any such provision, shall affect, defeat, render invalid, or impair the lien of any first mortgage or other lien on any Unit taken in good faith and for value, and perfected by recording in [he office of [he Clerk and Recorder oC Pilkin Cowty, Colorado, prior to [he time of recording in such office, an instmment describing the Utut, and listing the name or names of the Owner or Owners of fee simple title [o the Unil, and giving notice of such violation, breach or failure to comply; nor shall such violation, breach, failure to wmply, or action to enforce, affect, defeat, render invalid or impav the title or interest of [he holder of any such first moRgage or other lien, or [he title or interest acquired by any purchaser on foreclosure of any such first mortgage or other lien, result in any liability, persona] or otherwise, of any such holder of purchaser. Any such purchaser on foreclosure shall, however, take subject to this Declaration; provided, however, [hat violation, breaches of or faihtre to comply with any provisions of this Declaration which occurred prior to the vesting of fee simple title in such purchaser shall not be deemed breaches or violations hereof, or failures to comply herewith, with respect to such purchaser, his heirs, personal representatives, successors or assigns. 14.8 Li Itm ~rr~ah~Nty. Neither Declarant, the Association, the Board and each Director or the Officers of the Association, the Directoy nor any Member, agent or employee of any of the same shall be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to ac[ was in goad faith and without malice. Without limiting [he generality of [he foregoing, [he Board and each Director, Officers of the Association, and each of them, shall, not be liable for any failure of any services [o be obtained and paid for by the Association hereunder, or for any injury or damage to person or property caused by the elements or by another Owner or person in the Project, or damage from electricity, water, rain, snow or ice which may leak or flow from outside or from any part of the building, or from any of its pipes, drains, conduits, appliances or equipment or firm any other place, unless caused by gross negligence of the Board and each Director, Officers of the Association, as the case may be. No diminution or abatement of regular assessments shall be claimed or allowed for inconvenience or discomfort -40- i llllll lllll llllll till lllllll llll llllll III lllll I'll llll 920011 04/12/1000 04:00P CONDO 0E DRVIS SILVI 40 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO ~. ,, : ., ,. arising from the making of repairs or improvements to the Common Elements or from any acdon taken to comply with any law, ordinance or order of a governmental authority. 14.9 of Boa_d to Insist on Strict Performance. The failure of the Board and/or each Director to insist, in any one or more instances, upon s[nc[ performance of any of the terms, covenants, conditions or restrictions of this Declaration, or [o exercise any right or option herein wntained, or to serve any notice or [o institute any action, shall not be construed as a waiver of a relinquishment with respect to the future enforcement of such term, covanani, condition or restriction, but such term, covenant, condition or restriction shall remain in full force and effect The inactivity of the Board after receipt by any one of them of any charge from any Owner with knowledge of the breach of any covenant, term, condition or restriction hereof shall no[ be deemed a waiver of such breach, and no waiver by the Board and/or each Director of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board and/or each Director. 14.10 $GOOlemental to Law. 1'he provisions of [his Declaration shall be in addition and supplement to the Act, and to all other provisions of law. 14.11 Numbers end enders. Whenever used herein, unless the content shall otherwise provide, the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall include all genders. 14.12 Success rs in Interest This Declaration shall be binding on and shall inure to dre benefit of the Declarant, the Association, and each Owner, and the heirs, personal representatives, successors and assigns of each of them. 14.13 Sucr.aaors and Assl¢ns. This Declazation shall be binding upon and shall inure to [he benefit of the Association, and each Owner and the heirs, personal representatives, successors and assigns of each. 14.14 Severability. Invalidity or anenforoeability of any provision of this Declaration, in whole or in part, shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of [his Declazation. 14.15 Captions. The captions and headings in [his instrument are for convenience only and shall not be considered in constming any provisions of this Declaration. 14.16 R~,,,tstra[ion of Mailing Address. Each Owner shall register his mailing address with the Association, and all notices or demands, except routine statements and notices, intended to be served upon an Owner shall be sent by certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. If more than one person or entity owns a Condominium Unit, [he Condominium Unit Owner shall register one address only with the Association and that address shall be deemed the registered address for all Owners oC that 41- I IIIIII VIII IIIIII "" IIIIIII IIII IIIIII III VIII I'll IIII 4280f1 04/12/1!!! 04.09 CONDO I)E pIVI! SILVI 41 ¢f M R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO -- --••. COOQORIIU100t Unit. All notices demands or other notices intended to be served upon the Boazd of [he Association or the Association shall be sent certified mail, postage prepaid, to the mailing address of the Association in Pitkin County, Colorado. 14.17 CertiFica[e of Identity. There shall be recorded, from time to time, a certificate of identity which shall include the addresses of [he persons then comprising the management body (directors and officers), together with the identity and address of the Managing Agent. Such certificate shall be conclusive evidence of the information contained therein, in favor of any person relying thereon in good faith, regardless ofthe time elapsed since the date thereof. IN WITNESS WHERF,OF, the Declarant has executed this Declaration the day and year firs[ above written. GRANITE PROPERTIES INCORPORATED, A California Corporation ~, Fortest L. Smith, President STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 2~'day of Mazch, 1999 by Fortest L. Smith as President of Granite Properties Incorporated, a California Corporation. ITNESS my hand and offcial eat. =_1P~.Y. F„* mmission expires:326 •Z 11/`; y'~ p Notary~iibl/ CONCENT ND SUBORDINATION OF LIENHOLDER W CO~~P THIS SUBORDINATION is attached [o and made a part of that certain Condominium Declaration for The Totems, a Condominium (the "Declaration") dated as of the day and yeaz first written above, and executed by Granite Properties Incorporated, a California Corporation. FOR GOOD AND VALUAALE CONSIDERATION, the receipt and sufticiency of which is hereby acknowledged, the undersigned, Alpine Bank -Aspen Branch, as Mortgagee under that certain Mortgage recorded May 70, 1997 as Reception No. 404879 in the records of the Clerk and Recorder of Pitkin Courtly, Colorado (the "Mortgage"), hereby consents to the gran[ of the 42 - I IIIIII VIII VIII' III' IIIIIII IIII IIIIII III IIIIII III IIII X20011 0/12/1000 04:00P CONDO DE DRVIS SILVI 42 of N R 221.00 0 0.00 N 0.00 PITNIN CWNTY CO ;, Declaration, Subordinates the lien of the Mortgage to the Declaration, agrees that any foreclosure of the Mortgage shall not adversely affect the existence or continuing validity of [he Declaration, which Declaration shall run with [he land and remain N full force and effect as if such Declaration were delivered and recorded prior to the delivery and recording of the Mortgage. FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the undersigned, 620 East Hopkins, LLC, as Mortgagee under that certain Mortgage recorded May 30, 1997 as Reception No. 404881 in the records of the Clerk and Recorder of Pitkin County, Colorado (the "Mortgage")~tereby consents to the grant of the Declaration, n ~t.4GCi subordinates the lien of the Mortgage [o the Declarahoq agrees that any foreclosure of the Mortgage -fpp7gT shall not adversely atFec[ the existence or continuing validity of the Declaration, which Declaza[ion shall run with the land and remain in full force and effect as i[ such Declazalio `were~deSi-vre, ed and recorded prior to the delivery and recording of the MorgageA J o D #49 0 Notwithstanding such consent and subordination, such property shall remain encumbered by such decd of trust unless released in accordance with applicable laws. 11' WITNESS WHEREOF, the undersigned have executed this Subordination of Lienholder. ALPINE BANK -ASPEN BRANCH 620 EAST HOPKIN/S, LLC L'~101A'S By: ' BY~ ~-; I t ,~v' Its SPc.-c y ~T•^ul.,....r IAQI YfJtlfT5 ,Its VtLEP2E51I;C11P p CITY O ~ ASPEN „.~~,.~v.,~max u~ wum. B : `' ~ Lam' Its AA-x<-- *A.,a n>-c Glnr or ASP6.r/, as .BFVSO,o.~Ry Ju0e~-ra,r CP0.TAIK Des:a oG ~GIJST RECOROfiD OQOBcw l0, vfa~s lY+} AS R~EPT/oN AIO. /1(Q'3$t lu 'rHE RECO0.O5 oC PITKIU CIOt)N ~'( CIJFM1e-,NRFT4A , at>t3D ••-rRJST" 43 - I"III"III'IIIII III' IIIII~I III"II"I I'I IIIIII III If'I 43 eI 44 R 221.00 0 0.00 N 0.00 PIYIfIN COUNTY CO f^ f~ n t Ownership of O Fl menu 1 31% 6°~ 2 6% 3 4 6% 6°~ 5 25% 6 ~ 5% 3% $ 3% 9 J~ 10 3 11 2% 12 1% 13 I'IIII'flll "IIII II" IIIII'I'II' III"I I'I II"'I III I"I 42BB31 04/12/3005 04.00P CONDO D0 DRV1S SILVI 44 e1 M R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO r'~ ~..J AMENDMENT TO CONDOMINIUM DECLARATION FOR THE TOTEMS A CONDOMWIUMS THIS AMENDMENT to the Condat~inhun Declaration for the Totems, a Condominium phe "Condominium Complex") is made es of This Way of 5')' 1999, by [he owners representing ao aggegete ownership interest oQ as reflecud in the real estaleCounty, Colorado. W ITNFSSFTH: WHGREAS, there has been previously rccoMed the Condominium Declaration for the Totems (the "DeclaratOn') nn April 12, 1999 as Reception No. 429811 ofthe records of Pitkin County, Colorado; and WHEREAS, (here has been previously recorded a Condominium Map of Ne Toems Condominiums (the "Map") on April 12, 1999 in Plat Rook 49 at Page 14 - 16 as Reception No. 429812 of the records of Pitkin County, Colorado; a~ WHEREAS, the undersigned owns condominium units I - 13, which is all of the condominium units in the Condominium Complex; end , WHEREAS, We owner of a0 of the Common Elements of the Condominium Complex, consents and agrees Ihet the Declaration should be amended in various aspects, as detailed below. NOW, THEREFORE, the undersigned being the owner of all Ne condominium units in me Condominium Complex does hereby consent and agree to Ne following: 1. Name of Condominium Complex: The name of the CoMominium Complex is hereby changed to "620 E. HOPKINS CDNDDMINIlIMS". All references to the Totcma Condomiviuma N thu Declaration is hereby deleud and 620 E. Hopkins Condominiums E hereby substiNUd. 2. Amendmm[ [o Map: The Condominium Mnp is hereby amended by deleting afl references to the Toums Condominiums and substiNting the name 620 E. Hopkins Condominiums. IN WITNESS WHEREOF, the undersigned hoer execuud thu i¢etmment es of the day and year first written above. The Robert Clark Trust Dated 9/22/93 Dy~'+~ Robert D. Clerk, Tmstee STATE OF COLORADO ) ~ ) ss. COUNTY OF Y t~~..) - The foregoing instrument was acknowledged before me this )day of ~ 1999, by Robett D. Clark, Tmsue of the Robert Clark Tmsl Dated 9/22N3. Witness my daf$ciels al. My oAl*s ~y"k~\tA :.fit ` / ,l lei ~ T c R) 4 j~ ~ f. ~ Notary Public I ~ v ~ ~~~~~~ ~~~~~ ~~~~~~ ~~~~ ~~~~~~ ~~~~~~ ~~~~~ ~~~ ~~~~~ ~~~~ ~~~~ ~~ f''' A+" ~"' 43/017 00/17/1808 03: IBP RMEND DE DIMS SILVI e,w~': "'~ 1 ei 1 R 3.00 D 0.00 N 0.08 PITNIN COUNTY CO d..f. _. ...... ,. RECEPTIONS: 562689, 09/11/2009 at 04:10:98 PM, 1 OF 2, R $11.00 DF $0.00 Janice Y/'""'os Caudill, Pitkin County, CO TH13 SPECIAL WARRANTY DEED, Made Ihla 26th dsy of Aupuet, 2006, between Stswan Tltle Company, a Texas eorpora0on, of Herne Count', Texas wlth a !opal addreae o11®60 Peat Oak Slvd.. Houston, Texpe 7706!, "Gnntor'hsnln, and Stewart TNIe of Cdlfomla, Inc., a Callfomla earporsllen, with a lapel addreae of P.O. Sex 2000, Vail, CO e1666. "Grantee henln: WITNESS, thatlhe Grantor, for NO conelderellon and eelaly as a plk of which Grenbe aoknewledpee and aeespW, has pnnMd, barpNned. Bold and oonveyed, end by thss proaanb dose grant, berpaln, sell, oenvey and confirm, unto the Grantee, IU aucceeeore and ualpne leaver, all the roN properly, together with Improvsmente, If any, situate. lylnp and belnp In the Bald County of Pltkln and Stale of Colorado dseeribed in the Attaohad Exhlblf "A" and commonly known by errs! and number ee: 820 Eaet Hopklne Avsnus, Aapsn, Colorado 61811. TOGETHER with all and elnpular the hsredltamenu and appunenancee Iherete bslonpinp, or in anywls apperlnlnlnp, and the rownlen and rownlone, romalnder and romafndan, nnh, laeuea and proflb Iheraot end all the estste, npht, tRle, InlersL alarm antl demand whatesvsr of the Granter, ellhsr In law or equity, c1, In antl to the above bsrpained premleee, with the herodltamente and eppurUnancea. TO HAVE AND TO HOLD the sold premleee above bargained and deaonbad, with the sppunenanaea, unto the Grants, Its wcassen and aulgns forowr. Tha Grantor, for Ibelf, auecesson and asslpns, doaa oovsnant end agree that It shell and will WARRANT AND FOREVER DEFEND Tha above•berpalnetl promisee in the qulat and peaceable poassesion of the Grantee, its suoceeecro and aselgns, apalnst all and every pereon or persona Clalming the whole or any pen theroof, by, through or under the Grantor but no others. IN WITNESS WHEREOF, the Grantor hen executed thl9 Spacial Werrenry Dad on the date st forth above. Stewed o , ^ x oryorollon Sy. ~~ wed erds, Jr., rsekJsnt 9teb el Texan § County el Horde § Tha brepolnp instrument was aoknowladpad haters ms thla 28th day of Aupuet. 2000, by Stewart Morale. Jr. s Proeltlent at 9tawen Tlde Company, ^ Taxs Corporetlon, who is psroenally known to me. Wltne m nd and cl6cial seal. My commieaion expires: 7 CITY OF ASPEN Seal EXEMPT FROM HRETT tery ublla ITY OF ASi-e,w DATEp REP NO. X RPT SS,`Ok9 6i:R!:T"" /~/ c/ LGLG ~i~~o yyV q TP R/F,.P''.// /"'1. IWAlai telelalar ~al+.rn ~o: /~/j9 '<.K/~ C~r)/lIJ aOTN1Y Pxet10 w.,tT_Ut eareorrow rMNwtluur~x,faa V AFL. CD 411.508' RECEPTIONS: 562689, ~A(11/2009 at 04:10:48 PM, 2 OF 2, r~,.n,` Janice K. Vos Caudill 'itkin County, CO EXHIBIT A TO SPECIAL WARRANTY DEED Condominium Units 1 through 13, Together with all interest in the common elements, 620 E. HOPKINS CONDOMINIUMS, formerly THE TOTEMS CONDOMINIUM, According to the Condominium Map thereof filed April 12, 1999 in Plat Book 49 at Page 14 as Reception No. 429812, and as defined and described in the Condominium Declaration recorded April 12, 1999 at Reception No. 429811, and Amendment to said Condominium Map and Declaration recorded August 17, 1999 at Reception No. 434517. Commonly known by street and number as: 620 East Hopkins Avenue, Aspen, CO 81611 - BLACK & V~ATCH Building a world of difference°.' City of Aspen -Wireless Telecom (Administrative) - 513/10 Verizon Wireless -Antenna Modification- Aspen VICINITY MAP s 2 N ~n r{~ ~~1 ~` ? ~ ~ h ~ ~ `C .p N ~ v'ie ? c `Y C q `~ ~ y z S+*aN~S! 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Hopkins Ave., Aspen, CO 80166 Sitc Name: Aspen / DNdti36 Page I of I Parcel Detail Page 1 of 2 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search ~ Assessor Subset Query ~ Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics ~ Tax Information Parcel Detail ~ Value Detail ~ Sales Detail ~ Residential/Commercial Improvement Detail Land Detail ~ Photol~raphs Tax Area Account Number Parcel Number 2009 Mill Levy 001 R020143 273707332801 25.253 Owner Name and Address STEWART TITLE OF CALIFORNIA PO BOX 2000 VAIL, CO 81658 Legal Description Subdivision: 620 E HOPKINS FKA TOTEMS DESC: COMMON AREA Location Physical Address: 620 E HOPKINS AVE ASPEN Subdivision: 620 E HOPKINS FKA TOTEMS Land Acres: Land Sq Ft: 0 2009 Property Tax Valuation Information Actual Value Assessed Value Land: 0 0 Improvements: 0 0 Total: ~ 0 0 Sale Date: Sale Price: flap://pitkinassessor.org/assessor/ParceLasp?AccountNumber=R020143 4/ l 9/2010 Parcel Detail Page 2 of 2 i i Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/[nd 0 Buildings: No Building Records Found Tax Information Balance Due as of 4/13/2010 $0.00 Current Year Balance Due $0.00 Delinquent Years' Balance Due $0.00 Total Balance Duc Tax Year Due In Tax + Special Assessment Amount 2009 2010 $0.00 2006 2007 $0.00 Top of Page Assessor Database Search Options ~ Treasurer Database Search Options Pitkin County Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright ©2008 Good "Turns Software. All Rights Reserved. Database & Web Design by Good Turns Soft~~are. http://pitlcinassessor.org/a.5sessor/ParceLasp`?AccountNumber=R020143 4/ 19/2010 .... ~ State Colorado City As en Cell ID. Vontz THIS LEASE IS THE PROPERTY OF: McCaw Cellular Communications, Inc. Legal Department 1001 16th Street, Suite C-1 Denver, Colorado 80265 Attention: Jane Venable ROOFTOP LEASE AGREEMENT THIS ROOFTOP LEASE AGREEMENT (this "Lease"} is entered into this, day of 19Q~, between Heidelberg Distributing Co., ("Landlord") and Colorado Hi Country Cellular Limited Partnership)"Tenant"). For good and valuable consideration, the parties agree as follows: 1. Prooerty. Subject to the following terms and conditions, Landlord leases to Tenant certain space on the roof of the Building (the "Building"1 located on the real property (the "Property") described in Exhibit A attached hereto and certain space within the Building. The location and orientation of Tenant's space on the roof of the Building and within the Building are as set forth in Exhibit B attached hereto. The address of the Building is 620 E. Hopkins Street, Aspen, CO 81611. 2. Use. The Building may be used by Tenant for the transmission and reception of radio communication signals in any and all frequencies. Landlord agrees to cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits required for Tenant's use of the Building (the "Governmental Approvals"3. Landlord ` will be not held responsible for any costs related to the refusal of any Governmental Approvals including, but not limited to, Aspen and Pitkin Counties. 3. Term. The term of this Lease shall be five years, commencing upon written notification by Tenant to Landlord of Tenant's receipt, of all Governmental Approvals (the "Commencement Date") and terminating at Midnight on the last day of the month in which the fifth annual anniversary of the Commencement Date shall have occurred, Tenant shall have the right to extend this Lease for five additional five-year terms. Each renewal term shall be on the same terms and conditions as set forth herein t 1 .. ..- the point of connection within the Building. Landlord shall act diligently to correct the cause of any temporary variation, interruption or failure of utility service that may occur. c. Landlord shall provide Tenant ingress, egress, and access from an open and improved public road, over and under the Property, to and within the Building adequate to service the Antenna Facilities at all times during the term of this Lease or any renewal thereof at no additional charge to Tenant. However, Tenant will be responsible for keeping snow cleared away from the alley door entrance to the roof. Landlord shall execute an easement upon Tenant's request. 7. Termination, Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability, on thirty (30) days written notice as follows: (a) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default (without, however, limiting any other rights available to the parties pursuant to any other provisions hereofl; lb) by Tenant if it is unable to obtain or maintain any license, permit or other Governmental Approval necessary to the construction and/or operation of the Antenna FACilities or Tenant's business; or (c) by Tenant if the Property or Building is or becomes unacceptable under Tenant's design or engineering specifications for its Antenna Facilities or the communications system to which the Antenna Facilities belong. 8. Taxes. Tenant shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Antenna Facilities: Landlord shall pay when due all real property taxes and all other fees and assessments attributable to the Property and the Building. However, Tenant shall pay, as additional Rent, any increase in real property taxes levied against the Proparty or the Building which is directly attributable to Tenant's use of the Property or the Building, and Landlord agrees to furnish proof of such increase to Tenant. 9. Insurance. a. Tenant will provide comprehensive General Liability Insurance in an aggregate amount o' ,and name Landlord as an additional insured on the policy or policies. Tenant may satisfy this requirement by obtaining appropriate endorsement to any umbrella policy of liability insurance Tenant may maintain. b. Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard "All Risk" insurance policy, and, in the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. 10. Destruction of Property. If the Property, Building or Antenna Facilities 3 ~~ 14. Title and tluiet Enjoyment. a. Landlord warrants that ii} it has full right; power and authority to execute this Lease; (ii) it has good and unencumbered title to the Property and the building free and clear of any liens or mortgages; and (iii) the Property constitutes a legal lot that may be leased without the need for any subdivision or platting approval. Landlord further warrants that Tenant shall have the quiet enjoyment of the Property and the Building during the term of this Lease or any renewal thereof, b. Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of Tenant, such title report shows any defects of title or any liens or encumbrances which may adversely affect Tenant's use of the Property and the Building or Tenant's ability to obtain leasehold financing, Tenant shall have the right to terminate this Lease immediately upon written notice to Landlord. c. Landlord represents and warrants to Tenant that hazardous substances have not been generated, stored or disposed of on the Property nor have the same been transported to or over the Property. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. Landlord will hold Tenant harmless from and indemnify Tenant against and from any damage, loss, expenses or liability resulting from any breach of this representation and warranty including all attorneys fees and costs incurred as a result thereof. d. Tenant represents and warrants to Landlord that during the term of the Lease and any renewals thereof, hazardous substances will not be generated, stored or disposed of by Tenant, its agents or employees on the Premises or the Property. Further, Tenant indemnifies Landlord against and from any damage, loss, expenses or liability resulting from any breach of this representation or warranty including all attorney's fees and costs incurred as a result thereof. 15. Assignment. Tenant may assign this Lease to any person or entity with an ownership interest in Tenant, any affiliate of such person or entity, any partnership in which Tenant is a partner, or any person or entity that acquires Tenant's business. Tenant may sublet this Lease with Landlord's consent. Additionally, Tenant may, upon notice to Landlord, mortgage or grant a security interest in this Lease and the Antenna Facilities, and may assign this Lease and the Antenna Facilities to any such 5 v~ g. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. DATED as of the date first set forth above. LANDLORD: HEIDELBERG DISTRIBUTING CO. By ~„ lr Its ~,:. ~ " ~.,,, _ TENANT: 7 ... ~ ~ E?(HIBIT A LEGAL DESCRIPTION to the Rooftop Lease Agreement dated ,~ 19.between Heidelberg Distributing Co., as Landlord, and Colorado Hi i Country Cellular Limited Partnership, as Tenant. Tenant, is leasing .from Landlord, certain space on the Building (the "Building") which is located on the following property owned by Landlord (the "Property"I, which Property is legally described as follows: 9 Cell Site No: Nfl13087/ASPEN 25545 Site Address: 620 East Hopkins Avenge, Aspen, CO 81611 THIRD AMENDMENT TO ROOFTOP LEASE AGREEMENT PHIS THIRD AMENDMENT TO ROOFTOP LEASE AGREEMENT ("Amendment") dated as of the date below, by and between Stewart Title Company, a Texas corpcsra6on, having a mailing address at P.O. Box 503, Edwards, CO 81632 (hereinafter referred to as "Landlord") and New Cingulaz Wireless PCS, LLC, a Delaware limited liability company, d/b/a Cingular Wireless, successor in interest to New Cingulaz Wireless Services of Colorado, LLC; a Delaware limited liability company, having a mailing address at 6100 Atlantic Boulevard, Noroross, Georgia 30071 (hereinafter referred to as "Tenant"). WHEREAS, Landlord and Tenant entered into a Rooftop Lease Agrcement ("Lease's dated May 19, 1992, a First Amendment dated September 18, 2000, and a Second Amendment dated December 6, 2004; whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 620 East Hopkins Avenue, Aspen, CO 81611 ("Agreement"); and WHEREAS, Landlord and Tenant desire to amend the terms of the Agreemeng and and WHEREAS, Landlord and Tenant desire to modify, as set forth herein, the Rent payable under the Agreement; WHEREAS, Landlord and Tenant desire to modify, as set forth herein, the Tenant's obligations to pay Rent to Landlord for a Rent Guarantee Period; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby aclmowledged, the Landlard and Tenant hereby agree as follows: 1. Term. All references to the Tenn of the Agreement shall be amended to provide that the Agreement has a Term of 60 months ("initial Term', commencing on Febmary 1, 2006. The Tetrn will be automatically renewed for up to 2 additional 60 month tem~.s (the "Extension Term's without further action by Tenant for additiona] periods of 60 months. 2. Termination. After the Rent Guarantee Period, Tenant may tenninate the Agreement at any time with 30 days prior written notice to Landlord; provided, that Tenant pays to Landlord an amount equal to 12 months of the then anrent Rent. 3. Landlord [nitia Tenant [nitial: IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Amendment on the date and year below. LANDLORD: Stewart Title Company, a Texas corporation TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company, d/b/a Cingular Wireless ~- - - Name: Title; (~ `' li-ra-,o 'rras.~,,,-~ Tax Id 74- ©9 a37~U WtINESSED BY: 1~1~E1' a Name: Executive Director - FiE Title: JAN X 3 2006 Date By: By: Name: Name: Title: Title: ~- --:-- - -- n LANDLORD ACKNOWLEDGMENT CORPORATE ACKNOWLEDGEMENT STATE OF c~^+A~ GrJ` ~ ) COUNTY OF Z/d ice. ) I CERTIFY at on ) _, 200 ~~Y~ representafive] personally came befo a and aclrnowledged and r oath that he o (a) is the ~~_Z~~~~1~0 • [title] of ~~~ corporation], the corporation m the attached instrument, N,~ ~jC ~C (b) was authorized to execute this instrument on behalf of the corporation (c) executed the instmment as the act of the corporation. My Commission ~07ARy --rs-- PUBIt~ [name of [name of My Canmisabn Gmail - FW: Land Title Delivery (620 EAST HOPKINS AVENUE)(buyer/owner STEW... Page 1 of 6 ~~ ~ ~ Brad Johnson <brad.johnson.w@gmail.com> n,t;cx+gl.~ FW: Land Title Delivery (620 EAST HOPKINS AVENUE) (buyer/owner STEWART)(our 62003392) 2 messages Pelissero, Story <PelisseroS@bv.com> Tue, May 4, 2010 at 1:32 PM To: Brad Johnson <brad.johnson.w@gmail.com> From: k_b_eereboom@Itgc.com [mailto:kbeereboom@Itgc,com] Sent: Tuesday, May 04, 2010 10:53 AM To: Abrams, Donalee Subject: Land Title Delivery (620 EAST HOPKINS AVENUE)(buyerlowner STEWART)(our 62003392) r ,' j~ ~'II~C !4Y II.T, ~'pYf4vr Title Commitment (PCS) Reception Number: 429811 {AMDPCS) Reception Number: 434517 {SWD) Reception Number: 562689 All documents as one PDF http://mail. google. com/mail/?ui=2&ik-ed42be l Odc&view=pt&search=i nbox&th=12864d03... 5/5/2010 Gmail - FW: Land Title Delivery (620 EAST HOPKINS AVENUE)(buyer/owner STEW... Page 2 of 6 Summary - 620 EAST HOPKINS AVENUE (62003392) Land Title Guarantee Company Contacts: Title Assistance: :n Title "OPR" Unit Beereboom E HOPKINS #102 EN, CO 81611 ie: 970-925-1678 970-925-6243 Delivery Parties: BLACK & VEATCH CORPORATION 6300 S SYRACUSE WAY #300 CENTENNIAL, C080111 Attn: DONALEE ABRAMS Phone:720-834-4347 Fax: 720-834-4285 Copies: 1 EMail: ab_ramsd@bv.com Linked Commitment Delivery Address: East Hopkins Avenue gin, CO 81611 my of Pitkin, State of Colorado Description: MMON AREq 620 E HOPKINS CONDOMINIUMS, FORMERLY THE TOTEMS CONDOMINIUM, ACCORDING TO THE NDOMINIUM MAP THEREOF RECORDED APRIL 12, 1999 IN PLAT BOOK 49 AT PAGE 14 AND AS DEFlNED AND SCRIBED IN THE CONDOMINIUM DECLARATION RECORDED APRIL 12, 1999 AT RECEPTION N0. 429811 AND ENDMENT RECORDED AUGUST 17, 1999 AT RECEPTION N0.434517. OF PITKIN, STATE OF COLORADO. http://mail.google.com/mail/?ui=2&ik=ed42be l Odc&view=pt&search=inbox&th= 12864d03... 5/5/2010 Gmail - FW: Land Title Delivery (620 EAST HOPKINS AVENUE)(buyer/owner STEW... Page 3 of 6 .N.(s): R020143 Date & Time: 28, 2010 at 5:00 P.M. Fee Simple ;. $TEWART TITLE OF CALIFORNIA, INC., A CALIFORNIA CORPORATION '. Vesting Deed(s) / (View dates for 24 month Chain of Title): ~, b9-11-2009 Insured 8 Coverages: ~stimated Report Title Fees: erty Report Total Estimated Title Fees ~iHIS COMMITMENT IS FOR NJFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. http://mail. google.wm/mail/?ui=2&ik=ed42be 1 Odc&view=pt&search=inbox&th=12864d03... 5/5/2010 Gmail - FW: Land Title Delivery (620 EAST HOPKINS AVENUE)(buyer/owner STEW... Page 4 of 6 NONE Statements LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Pursuant to CRS 10-11-122, notice is hereby given that: A. The subject real property maybe located in a special taxing district. B. A Certifcate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. ', C. The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissions '~. the County Clerk and Recortler, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received far recording or fling in the clerk and recorder's offce shall contain a top margin of at least one inch and a left. right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record ple any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is ~rrovided for recording ar filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters Which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or fling of legal jlocumen(s resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy a jhe Lenders Policy when issued. Note: Affirmative mechanic's lien protection (or the Owner may be available (typically by tleletion of 5cception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse w 6. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-fled mechanic's and material-men's liens. D. The Company must receive payment of the appropriate premium. - E. If there has been construction, improvements or major repairs undertaken on the properly to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; ', fnancial information as to the seller, the builder and or the conbaclor; payment of the appropriate premium fully executed Indemnity ', Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid ', information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. http://mail.google.wm/mail/?ui=2&ik=ed426e l Odc&view-pt&search=inbox&th=12364d03... 5/5/2010 Gmail - FW: Land Title Delivery (620 EAST HOPKINS AVENUE)(buyer/owner STEW... Page 5 of 6 Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that ~' there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; I and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions the attached pdf version of the commitment to view our PRIVACY POLICY. The above Summary k provided for information purposes only. To the extent tllat it conflicts with or otherwise varies from the actual commitment provided, the latter shall govern. The above links and associated images are provided for information purposes only. They are not guaranteed as to accuracy, availability or quality. These images are provided for informational purposes only. They are not guaranteed as to availability or quality. These documents are PDF (Portable Document Format) files and can be viewed or printed with Adobe Acrobat ReaderTM. If you do not have Adobe Acrobat ReaderTM on your system, you can download it for free from Adobe. Some of these documents maybe designed to print on LEGAL paper. To print these on LETTER paper, select the "Fit to Page" option from within the Acrobat Reader. If you want to print on LEGAL paper, select legal-size paper from within the "Print Setup" dialog box from within the Acrobat Reader. Content in this email is Copyright LT Systems, L.L.C. All rights reserved. ~~• 62003392_1_Commitment.pdf 18K Brad Johnson <brad.johnson.w@gmail.com> To: "Pelissero, Story" <PelisseroS@bv.com> Cool, thanks! [Ctuoted tent hidden] Brad Johnson Planning & Zoning Consultants Inc. 10518 W Cooper Drive Littleton, CO 80127 Tue, May 4, 2010 at 1:39 PM http://mail.google.com/mail/?ui=2&ik=ed42be 10dc&view=pt&search=inbox&th= 12864d03... 5/5/2010 Gmail - FW: Land Title Delivery (620 EAST HOPKINS AVENUE)(buyer/owner STEW... Page 6 of 6 303-229-4681 mobile brad.joh n son. w@g ma i I. com http://mail.google. com/mail/?ui=2&ik-ed42be I Odc&vices=pt&scarch=inbox&th=12864d03... 5/5/2010 .. \u:~ Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title 1i11AR.i NifL COM1IYPNY Date: 05-04-2010 Our Order Number: QPR62003392 Property Address: 620 EAST HOPKINS AVENUE ASPEN, CO 81611 7£you have any inquiries or require further assistance, please contact one of the numbers be%w: For Title Assistance: Aspen Tile "QPR" Uni[ Kurt Beereboom 533 E HOPKINS #102 ASPEN, CO 81611 Phone: 970-925-1678 Fax: 970-925-6243 EMail: kbeereboom@ltgc.mm BLACK & VEATCH CORPORATION 6300 S SYRACUSE WAY #300 CENTENNIAL, CO 80111 Atm: DONALEE ABRAMS Phone: 720-839-4347 Fax: 720-834-4285 Copies: 1 EMail: abramsd@bv.com Linked Commitment Delivery ~. , LAND TITLE GUARANTEE COMPANY PROPERTY REPORT Our Order No. QPR62003392 Cust. Ref: This report is based on a search made of documents affecting the record title to the property described hereinafter, searched by legal description and by the names of the record owners. The information as to record owner is taken from the most recent recorded Vesting Deed. No information is furnished relative [o easements, covenants, conditions and restrictions. Liability of Land Title Guarantee Company under this Property Report is limited to the fee received. Prepared For: This Report is dated: April 28, 2010 at 5:00 P.M. Address: 620 EAST HOPKINS AVENUE ASPEN, CO 81611 Legal Description: COMMON AREA, 620 E HOPKINS CONDOMINIUMS, FORMERLY THE TOTEMS CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED APRIL 12, 1999 IN PLAT BOOK 49 AT PAGE 14 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED APRIL 12, 1999 AT RECEPTION NO. 429811 AND AMENDMENT RECORDED AUGUST 17. 1999 AT RECEPTION NO. 434517. COUNTY OF PITKIN, STATE OF COLORADO. Record Owner: STEWART TITLE OF CALIFORNIA, INC., A CALIFORNIA We find the following documents of record affecting subject property: NONE ~. .~ LAND TITLE GUARANTEE COMPANY INVOICE May 04, 2010 Record Owner: STEWART TITLE OF CALIFORNIA, INC., A CALIFORNIA CORPORATION Property Address: 620 EAST HOPKINS AVENUE ASPEN, CO 81611 Your Reference No.: When referring to this order, please reference our Order No. QPR62003392 -CHARGES- Property Report $100.00 --Total-- $100.00 Please make checks payable to: Land Title Guarantee Company 5975 Greenwood Plaza Blvd. Suite 1'L5 Greenwood Village, CO 80111-9701 i CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Ben Gagnon, 429-2755 DATE: 4/16/10 PROJECT: 620 East Hopkins REPRESENTATIVE: Black & Veatch, 6300 S. Syracuse Way Ste 300 Centennial c/o Brad Johnson 303-229-4681 OWNER: AT&T, 188 Inverness Drive West Ste 400 Englewood 80111 TYPE OF APPLICATION: Wireless Telecommunications DESCRIPTION: The Applicant would like to modify an existing antenna array on the roof of 620 East Hopkins. The height of antennas would stay the same, but the antennas would be much thicker. The number of antennas would be greatly reduced. Land Use Code Section(s) to Address in Application: 26.304 Common Development Review Procedures 26.575.130 Wireless Telecommunications Services Facilities and Equipment 26.710.150 Commercial (C-1) Zone District 26.575.020(B)](d) Calculations and Measurements Review by: • Staff for completeness. • Community Development Director for administrative review Public Hearing: N/A Referral Agency Fees: N/A Total Planning Deposit Due: $735 for 3 hrs. of Community Development staff time (additional hours are billed at a rate of $245 per hour) Total Deposit: $73S Total Number of Applications: 2 copies ~.. To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Signed fee agreement. 4. Completed Land Use Application, including materials required in Section 26.304.030(B) and 575.130. 5. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 6. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 7. An 8 %Z" by 11"vicinity map locating the parcel within the City oFAspen. 8. A site improvement survey performed by a licensed engineer (not required). 9. A written description of the proposal and an explanation in written, graphic, or model form describing how the proposed development complies with each of the review standards relevant to the development application, per Section 26.575.130. Please include and clearly indicate existing conditions as well as proposed. 10. Copies of prior approvals. 11. A written description of proposed construction techniques to be used (not required at planning phase; structural integrity report required for building permit). 12. Site plan at 1" =10'. Show ground floors of all buildings on the subject parcel, as proposed (not required). 13. Floor plans, roof plan. (Floor plans not required, roof plan required.) 14. Elevation Drawings (Sketch/drawing of and total height of antenna from ground must be included). 15. List of adjacent property owners within 300' for public hearing (not required). 16. All other materials required pursuant to the specific submittal requirements; see #4 above. 17. Applications shall be provided in paper format (number of copies noted above). Disclaimer The foregoing summary is advisory only and is not binding on the City. The opinions contained herein are based on current zoning and regulations, which are subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not, in any way, create a legal or vested right.