HomeMy WebLinkAboutlanduse case.ts.232 E Hyman Ave.TS-1985-1THEODORE L. MULE '
& ASSOCIATES
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ASPEN, COLORADO 81611
(303) 925.3365
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_ WE ARE SENDING YOU `,~ Attached ^ Under separate cover via
^ Shop drawings
^ Copy of letter
Prints ^ Plans
^ Change order ^
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following items:
^ Samples
^ Specifications
COPIES OgTE NO. DESCRIPTION
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THESE ARE TRANSMITTED as checked below:
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SHADOW MOUNTAIN REALTY
February 26, 1985
Aspen Planning Department
130 South Gslena
Aspen, Colorado 81611
Colette Panne,
We have been marketing the Shades Mountain Lodge since November 1984. We are at
present 23x sold out. We have discovered that our prapective purchasers Ilte the
FRACTIONAL/Fl~tm concept, horever many desire one bedroom units. To respond to the skiing
public's needs, re propae that the convert some of our units into one bedroom units. To
summarise the reasons for these changes, and the reasons they should be approved, re submit the
folloring:
i. We, In Aspen, must respond to the skiing publics needs by giving them the type of
accommduious they rant.
2. The convenion of the units is also consistent with the wishes of the city council. It ie
felt that the city council prefers one bedroom units in this ~ighborhood.
3. The proposed one-bedroom units rill upgrade the neighborhood.
4. The proposed one-bedroom units rill reduce the parking and traffic impact on the
neighborhood.
5. The propaed one-bedroom units rill alloy 2 unmarried people to enjoy their Aspen
vacations more.
6. The impact and use of these units rill remain the same or rill be lase than the current
stadia.
7. Tro of the kitchens in the lodge rill be removed.
if you caviar the flow plans propaed by Ted Mulara (chile keeping in mind that this is
chat our tourists rant), re are confident that this propaed tmtversion rill be approved In a
timely mamer. Your prompt attention to this matter is very much appreciated.
Ra//sp Uuily Submit
`~C9d?te t~~-r
William H. Yenner
Boone Schreitzer
SHADOW MOUNTAIN REALTY. INC.
cc: Hecht, Mitchell, Mulars, Horn. and Schilling
232 WEST HYMAN AVENUE • ASPEN, COLORADO 81611 • 303/925-8207
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CITY OF ASPEN
MEMO FROM COLETTE PENNE
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DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS
FOR SHADOW MOUNTAIN LODGE AT ASPEN TIME SHARE UNITS
Shadow Mountain Equities, Inc. (hereinafter
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"Covenantor"), for itself and its heirs, personal
representatives, successors and assigns, in consideration for the
granting of the time share subdivision approval, all with respect
to the following described property, hereby covenants with the
City of Aspen, County of Pitkin, Colorado, to restrict
Condominium Units 13 and 14, and hereby does restrict said Units
as follows:
1. Covenantor represents that it is the record title
owner of the following described property, together with the
improvements, located thereon:
Lots K, L. M and N, Block 53, City and Townsite
of Aspen, County of Pitkin, State of Colorado
also known as Shadow Mountain Lodge at Aspen, Aspen, Colorado
81611.
2. The two (2) dwelling units located on the
above-described property and described as Condominium Units 13
and 14, shall and hereby are restricted solely to use as
"employee housing" as now described in Section 24-11.4(b)(4) of
the Municipal Code of the City of Aspen, or as it may be amended,
and to rental and sale terms and prices, qualifications
guidelines, and to occupancy limitations within "low income"
employee eligibility guidelines now established by the City
Council of the City of Aspen, or as such guidelines may from
time-to-time be amended by the City Council. The City or its
designee shall verify the qualifications of any tenant or owner,
prior to and as a condition of occupancy or transfer of
ownership.
3. The sale of any of the dwelling units located on
the above-described property shall be in strict compliance with
the provisions of Section 20-22(a), Aspen Municipal Code, as
amended.
4. In the event that any municipal improvement or
improvements of any kind contemplated in Section 20-16 of the
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Municipal Code of the City of Aspen, as amended, become, in the
sole judgment or discretion of the City Council of the City of
Aspen, necessary or desirable to the area of the above-described
units, Covenantor will make no objection to any special
assessment or special or proceeding therefor on the basis that
the premises will not be served or benefitted by the improvement
or improvements proposed. Coventor further agrees to join, upon
demand therefor by the City, any improvement district formed for
construction of such improvements (including, without limitation,
drainage, underground utilities, paving, planting, curbs,
gutters, sidewalks, street lights, etc.) in the area of the
above-described units or to reimburse the City of Aspen directly
upon demand therefor if the City should choose to construct these
improvements without the formation of such a district.
5. The covenants contained herein shall run with the
land and shall be binding on all parties having any rights, title
or interest in the above-described property or any part thereof,
and their heirs, representatives, successors and assigns, for the
period of life of the longest-lived member of the presently
constituted Aspen City Council plus twenty-one (21) years, or for
a period of fifty (50) years, whichever period is less, from the
date these covenants are recorded.
6. None of the covenants contained herein shall be
released, modified or waived in any respect the period they are
binding without the prior written consent of the City of Aspen
reflected by Resolution of the City Council of the City of Aspen.
IN WITNESS WHEREOF, this declaration has been duly
executed this / ~ ~ day of (~c~r~ 1984.
SHADOW MOUNTAIN EQUITIES, It~1C.
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?OOIS ~ lr5 PAGE~vt~~3
NOTARIZATION TO DECLARATION OF COVENANTS,
RESTRICTIONS AND CONDITIONS FOR SHADOW MOUNTAIN
LODGE AT ASPEN TIME SHARE UNITS
STATE OF rLL /a'o/S )
ss.
COUNTY OF s>ev,~Eti~a,J )
The foregoing instrument was acknowledged before me
this // t,G day of °i~•Yt~,.~ _, 1984, by Shadow Mountain
Equities, Inc. by its President, Raymond A. Harn.
WITNESS my hand and official seal. ,,,,..,,,ter..,
My commission expires: ~/9~~~ ,F~pncO hn.~ %o,,
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Notar Public • `' ~'~101, -
Address: ..~Y ~'y: ~~a^~• r.'
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RECORDING REQUESTED BY:
RECORD AND RETURN TO:
ANDREW V. HECHT, ESQ.
GARFIELD & HECHT, P.C.
601 E. Hyman Avenue
Aspen, CO 81611
DISCLOSURE STATEMENT
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This Disclosure Statement is promulgated pursuant to
the requisites of Section 20-24 of the Municipal Code of the City
of Aspen (the "Ordinance").
1. (a) Developer's name and address:
Name: Shadow Mountain Equities, Inc.
Address: 232 W. Hyman Avenue
Aspen, CO 81611
Phone: 925-8207
See attached Exhibit "A" for Developer's business
experience, background, experience in timesharing, resume
references and present financial condition.
(b) The plan manager is the marketing entity.
(c) Names and addresses of the marketing entity:
Name: William H. Venner, Broker
Address: 0143 Lone Pine Road #737
Aspen, Colorado 81612
Phone: 303-925-5203
Name: Daniel S. Schweitzer
Address: 071 Bunting Court
Snowmass Village, Colorado 81615
Phone: 303-923-3292
There are no lawsuits pending or investigations
that have been undertaken against either of the two above
mentioned people.
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30~t ~ 1 ~ PA6~~J L
William H. Venner will be the listing broker. Mr.
Venner has incorporated as Shadow Mountain Realty, Inc. Mr.
Venner is the president of that corporation and Mr. Schweitzer is
the vice-president.
SUMMARY OF MARKETING ENTITY'S BUSINESS EXPERIENCE
Mr. Venner began timesharing sales at The Colony in
Virginia Beach, Virginia where he gained considerable experience
in common timesharing. In the fall of 1978 he began sales at the
Snowmass Inn Resort Club. Mr. Schweitzer began sales at the
Snowmass Inn Resort Club in June of 1978. Mr. Venner and Mr.
Schweitzer have been working together for the past five years
after meeting at the Snowmass Inn. Between 1978 and 1980 the two
were among the top salesmen at the Snowmass Inn, Pitkin County's
first and only timeshare project. When this project was sold
out, they were instrumental in conceiving and laying the ground
work for the fee ownership 1/15 fractional estate concept.
Because the Aspen ordinances did not regulate or provide for any
type of timesharing, Venner and Schweitzer went to work at Timber
Run Realty in Winter Park, Colorado in 1980.
As founding and general partners at Timber Run,
Mr. Schweitzer and Mr. Venner have become experienced in all
phases of the fractional estate concept, including marketing,
sales, office administration, advertisement copy, and real estate
brokerage. In three years at Timber Run the two have personally
sold 2/3 of the 1/15 fractional estates. However, as prices
increased beyond the true real estate value of the units, Mr.
Venner and Mr. Schweitzer terminated their involvement. Messrs.
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Venner and Schweitzer are enthusiastic only about selling real
estate at a real value without any excessive profit to themselves
or the developer. This is consistent with the intentions of the
Applicant and developer.
Personal references include:
Leonard Lauder, President
Estee Lauder Companies
General Motors Building
New York City, NY 10021
Authur M. Fisher, President
Authur M. Fisher Associates
950 Fifth Avenue
New York City, NY 10021
Richard Voelker, President
Plaza Marketing, Inc.
Woodcreek Plaza
Crested Butte, CO 81225
C.M. Henkel, Esq.
711 Santa Monica Blvd.
Corpus Christi, Texas 78411
Others may be furnished upon request.
(d) The Shadow Mountain Lodge at Aspen (formerly known
as the Coachlight Lodge and Condominiums) at 232 West Hyman
Avenue was built in 1981 and is complete. The Lodge contains
twelve free market units, eleven of which are studio units of
approximately 350 square feet of living space together with a
loft storage area and one three-bedroom unit of approximately
1,800 square feet. There are also two employee units of
approximately 300 square feet each which are deed restricted to
rental and sales price guidelines and occupancy limitations
presented from time to time by the Aspen City Council for "low
income employee housing", and an office area of approximately 250
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square feet. The basement is large and open with no apparent use
except for storage.
The construction is of reinforced concrete with brick
columns and wood paneling on the exterior. The sidewalks are
concrete, lighted and there is a handicap access ramp.
Amenities include freestanding wood burning fireplaces
and kitchenettes in the units. There is an outside pool with
Jacuzzi jets.
Landscaping is complete with sod, flowers, aspen trees
and sidewalks. No further upgrading is necessary because of the
adequacy of the current improvements.
(e) Fractional Estates consist of an undivided
one-fifteenth (1/15) interest in and to a Condominium Unit at the
Shadow Mountain Lodge at Aspen, according to the Condominium Map
thereof recorded in Plat Book at Page
together with the exclusive right to possession and occupancy of
said Unit only during three (3) Use Weeks, said right to
possession and occupancy beginning at 4:00 p.m. Rocky Mountain
Time on the first day of each Use Week and ending at 10:00 a.m.
Rocky Time on the last day of each Use Week as more fully defined
and described in the Fractional Estate Condominium Decla ation
for the Shadow Mountain Lodge at Aspen recorded (~ l'
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in Book ~ ~ at Page ~~.-', County of Pitkin, State of Colorado.
(f) The only constraint on a purchaser transferring
his fractional estate unit is that the unit cannot be subdivided
further.
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3~~ ~~r~ PA~~~
(g) Each unit in the project is divided into fifteen
(15) fractional estates. A fractional estate means a time span
estate consisting of an undivided interest of not less than
one-fifteenth (1/15), as tenant-in-common, in fee simple in a
fractional unit, together with the right to possession and
occupancy of the fractional unit during the use weeks assigned to
the fractional estate in the Deed from Declarant to the
purchaser. A fractional estate includes a minimum of three (3)
use weeks per year in the owner's specific unit. A use week is a
period of exclusive possession and occupancy of a fractional
unit, computed in the manner set forth in the Declaration. The
sum of the use weeks and maintenance weeks in a fractional unit
dedicated to fractional estate ownership shall equal fifty-two
(52) weeks. The owner's rights in the fractional unit include:
use, occupancy or rental of the unit during his or her use weeks,
subject to any governmental restrictions and the Declaration for
the timeshare estate; the right to vote in the Association; and
other rights more fully described in the By-Laws of the
Association and Declaration as well as those incident to real
property ownership. Owner responsibilities include payment of
the assessments described in Article XII of the Declaration and
compliance with the provisions of the Declaration and the
Articles of Incorporation and By-Laws of Shadow Mountain Lodge
At Aspen Fractional Owner's Association.
(h) There are no liens, title defects or encumbrances
that affect the marketability of title to the units.
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'~~JH ~ ~~ FA~i~~~
(i) There are no pending or threatened legal actions
affecting the property of which the Applicant has knowledge.
(j) The purchaser's financial obligation will depend
on the purchase price. The purchaser will be required to deposit
at least a twenty percent (208) downpayment for purchase. If the
purchaser elects to finance the purchase he will be responsible
to pay the market rate interest, recording fees, a credit report,
and mortgagee's title insurance policy. Additionally, in
connection with the purchase the purchaser will be required to
pay the Aspen Real Estate Transfer Tax, the exchange fee if he
elects to belong to the exchange service offered and other
customary closing costs and prorations.
(k) Estimate of the dues, maintenance fees, real
property taxes, etc.:
See Exhibit "B" attached hereto and incorporated
herein by this reference.
The actual budget will be established by the
method provided for in the condominium declaration.
The management/ assessment fees will be collected
by the property manager on a semi annual basis by standard
billing procedures. The fee paid from each owner will be divided
according to the appropriate share that should go toward general
operation, escrow for furniture, escrow for building reserve, and
escrow for taxes.
Charges for maid service will be billed separately
by manager.
(1) Description of available Financing:
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208 down payment
138 annual percentage rate for a 5 year term
158 annual percentage rate for a 7 year term
Financing terms may change to reflect changes in the
market rate.
(m) The warranties will be that title is marketable
and there are no limitations on such warranties nor on the
enforcement thereof or damages for any breach.
(n) All downpayments or earnest money; deposits will
be held in an escrow account established in accordance with
Colorado Real Estate Commission guidelines with Stewart Title of
Aspen, Inc. The deposits will not be used by the Applicant
before closing. The depository will be a bank in Aspen, Colorado
selected by Stewart Title of Aspen, Inc. The deposits will be
held in escrow until the timeshare unit closes and the unit is
available for occupancy or until the purchaser elects to have his
earnest money refunded pursuant to the Escrow Agreement attached
hereto as Exhibit "C".
(o) There are no fees or charges to be paid by the
fractional estate owners for the use of any of the facilities on
the property other than the established fees and dues for
maintenance.
(p) The extent to which a timeshare unit may become
subject to a tax of other lien from other owners of the same
unit.
Due to the separateness of the time span estate,
no timeshare owner may put a lien on the unit as a whole. He may
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~OCN ~ 1~ PAGE~~
encumber his own time span estate (fractional estate). However,
the Fractional Owners Association is responsible for paying
property taxes on and maintenance of the entire condominium unit
from the proceeds of an annual assessment. The association's
failure to pay the taxes or failure to pay for maintenance work
performed may result in a tax sale of the entire condominium
unit.
(q) All purchase contracts will include a ten (10) day
right of rescission for any purchase.
(r) Since the project is complete, the developer
intends to sell all twelve (12) units as fractional estate units.
(s) Maintenance of the timeshare units includes
painting when necessary as determined by the board of directors,
replacement of furniture and appliances as necessary, fixing of
mechanical problems in the units as necessary, and in general
upkeep of the unit in a manner expected of a high quality
condominium project. If it becomes necessary for a mechanic to
enter the unit during the use week of any fractional estate owner
for repair or replacement of any fixture or chattel, the
fractional estate owner grants an easement for that purpose. If
it is at all possible to put off upkeep, repair or replacement of
furniture or appliances until the designated off-season weeks set
aside for that purpose, it will be done. Maintenance services
for the unit are provided for in Article XI of the Declaration.
In addition to the routine maintenance services provided, a
minimum of seven (7) weeks per year shall be set aside as
maintenance weeks during which the Association will provide major
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3L~IJH ~ ! ~ PAGE~C~~ ~
maintenance, repair and replacement service to the unit. Four
(4) of these seven (7) maintenance weeks will be used exclusively
for maintenance with no rentals or other uses allowed. Of the
seven (7) maintenance weeks, a minimum of two (2) will be
designated in the fall and two (2) in the spring. Each
maintenance week will be seven (7) consecutive days.
(t) The purchaser will understand that the Colorado
Eviction Law and Procedure involves a minimum of ten (10) days
and that the purchaser's only effective remedy against another
fractional owner who overstays his use week is the liquidated
damage provision of the condominium declaration. This provision
states that any fractional estate owner who overstays his use
week will pay to the damaged party 200 the normal rental rate
for the period he holds over. Failure to pay the fee will result
in a lien being filed against the fractional estate of the
defaulting party. Use of the fractional estate owned by the
damaging party will be denied until the lien is cured.
(u) Although Aspen has a nineteen week ski season,
fifteen of these weeks are considered prime (the very best).
These prime weeks are the basis of the deeded 1/15 fractional
estate.
The units are subdivided into fifteen separate
fractional estates and each purchaser is given a general warranty
deed as a tenant-in-common. The deed specifies ownership as a
1/15th undivided interest in the condominium and each purchaser
is entitled to the exclusive use and enjoyment of that unit
during three weeks each year. The selections, usually one week
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3L~OA ~ ~~ PAGE~~~
from each season (winter, summer/fringe ski, spring/fall) are
made at the time of contract and are delineated in the deed.
This creates an equality of ownership. The choices of weeks are
made as available on a first come basis at the time of purchase.
Each owner creates his own package by choosing one week from each
season: Prime Ski, Summer/Fringe Ski and Spring/Fall.
Choose One Choose Any One Choose Any One
Prime Ski Summer/Fringe Ski Spring/Fall
51 14* 15
52 Christmas 25 June 20 May
1 January 26 21
2 27 July 22
3 28 23 June
4 29 24
5 February 30 39
6 31 40 October
7 32 41
8 33 42
9 March 34 43
10 35 46 November
11 36 September 47 (Thanks-
giving)
12 37 48
13 38 49 December
50*
* Exception: Purchasers of weeks 13 or 51 have first choice
regarding 14 and 50 respectively.
1985 USE WEEK CALENDAR
Week No. Date Week No. Date
1 January 5 27 July 6
2 January 12 28 July 13
3 January 19 29 July 20
4 January 26 30 July 27
5 February 2 31 August 3
6 February 9 32 August 10
7 February 16 33 August 17
8 February 23 34 August 24
9 March 2 35 August 31
10 March 9 36 September 7
11 March 16 37 September 14
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12 March 23 38 September 21
13 March 30 39 September 28
14 April 6 40 October 5
15 April 13 41 October 12
16 April 20 42 October 19
17 April 27 43 October 26
18 May 4 44 November 2
19 May 11 45 November 9
20 May 18 46 November 16
21 May 25 47 November 23
22 June 1 48 November 30
23 June 8 49 December 7
24 June 15 50 December 14
25 June 22 51 December 21
26 June 29 52 December 28
25 YEAR USE T4EEK CALENDAR
See Exhibit "D" which is attached hereto and
incorporated herein by this reference.
Skiing opens on Aspen Mountain on Thanksgiving
each year or as soon thereafter as the snow and weather is
adequate. If the project is sold as described above, the off
season will be sold along with the high season.
(v) All units in the project will be available for the
exchange program at the fractional owners discretion.
(w) There are no unusual or material circumstances,
features and characteristics of the property that would present a
problem for condominium ownership.
(x) The Fractional Owners Association will carry
insurance for fire, damage, theft and liability on the property
in amounts adequate to satisfy local and state requirements.
(y) The amenities on site for recreational facilities
which are available to the fractional owners and their guests are
a swimming pool with jaccuzzi jets. All the amenities and the
employee units will be owned by the homeowners association.
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(z) All units in the project have kitchenettes except
the three bedroom unit, which has a full kitchen.
(aa) The eleven (11) studio units are permitted to
house two (2) occupants at a time. The three (3) bedroom unit
has an occupancy limit of eight (8). Any greater occupancy will
be prohibited by the Fractional Estate Declaration.
(bb) The managing agent shall be the owners' designated
agent for service of process and legal notices to satisfy
Colorado Statutes, Rules of Civil Procedure and applicable
governmental regulations pertaining to legal notices relating to
the timeshare interest.
(cc) All fractional estate interests shall be subject
to all requirements in the disclosure statement filed of record
with Pitkin County Clerk and Recorder.
2(a) and (b) See Architect's letter of August 9, 1983
attached hereto as Exhibit "E"
2(c) There are no outstanding notices of uncured
violations of building code or other municipal regulations.
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ATTEST:
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SHADOW MOUNTAIN EQUITIES, INC.
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COUNTY OF „~~~,~~r~ )
a Theme foregoing document was acknowledged to before me
this /~ ~ day of 1984 by Shadow Mountain
Equities, Inc. by Q• its ~j~a;~~/Je~~
and by _~ its secretary.
WITNESS my hand and official seal.
My commission expires:
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EXHIBIT "A"
DEVELOPER'S BUSINESS EXPERIENCE, BACKGROUND,
EXPERIENCE IN TIMESHARING, RESUME REFERENCES,
AND PRESENT FINANCIAL CONDITION.
Name: Sole Shareholder-Raymond A. (Bud) Harn
Resident Address: 1755 Woodside Kort
Freeport, Illinois 61032
Business Address: Cheeseman Construction Co.
P.O. Box 128
1840 S. Walnut Street
Freeport, Illinois 61032
Age: 47 years
Born: March 23, 1936
Canton, Illinois
Occupation: Owner/Corporate President
Cheeseman Construction Co.
1968 thru present
Former Occupation: Owner
Harn Construction Co.
Polo, Illinois
1962 thru 1968
Former Occupation: General Superintendent
H.E. Johnson Construction
Canton, Illinois
1953 thru 1962
Family: Wife: Jean
Three Sons: Kevin 20, Michael 22,
Alan 24
Financial
Reference: First National Bank
Freeport, Illinois
Contact: H. L. Fenton
Polo National Bank
Polo, Illinois
Contact: Arlin Higgs
EXHIBIT "B" " .
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STEN'ART TITLE
G" ASPEN, tNC
602E HUMAN • ASPEN, COLORADO Bi611
ESCRO!S AGREEh;ENT
This Escrow Agreement is between Stewart Title of
Aspen, Inc. ("Stewart Title") and Shadow N,ountain Equities, Inc.
Reference is made to the Shadow Mountain Lodge At Aspen Purchase
Agreement and Escrow Instructions ("Purchase Agreement") for the
sale of Fractional Estates (i.e. time-span estates).
For good and valuable considerations, Stewart Title
hereby agrees to act as "Escrow" under the Purchase Agreement.
As Escrow the duties of Stewart Title shall be limited
as follows:
1. To hold earnest money deposits and at closing
collect the balance of the purchase price as provided in the
Purchase Agreement.
2. Upon payment of applicable premiums, to provide
owner's title insurance and where required mortgagee insurance in
accordance with Stewart Title's approved form of commitments and
policies for the subject property.
3. Not to close on any Fractional Estate unless and
until there is a Certificate of Occupancy for the particular Unit
and all prior liens or encumberances have been relessed or
discharged.
4. That any other conditions of the Purchase
Agreement, brought to the attention of Stewart Title, will be
satisfied prior to closing.
5. Stewart Title shall not be liable for any act it
may do or omit to do hereunder while acting in good faith and in
the exercise of its own best judgement. Stewart Title shall not
be liable for the sufficienc~•, correctness or validity of any
instruments deposited hereun~.er.
IN WITNESS WHEREOF, the parti s have signed this
Escrow Agreement this ~_ day of 984.,
i
SHADOW MOUNTAIN EQUIT3ES, INC. STEWAR , INC.
. ,`
~"*
EXHIBIT "D" ~..,
°~O;t ~~~~. f'AGE~l
TWENTY-FIVE YEAR
TIME SHARING
VACATION
CALENDAR
SATURDAY TO SATURDAY
"~' ?OOA ~ i ~ FAGE~ f 7
CnLENDAR YEAH
1
2
3
4
5
6
7
6
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
3/
32
33
34
35
36
37
36
39
d0
41
42
43
44
45
46
47
48
49
50
51
52
53
Jan. 3 -Jan. 10
Jan. 10 -Jan. 17
Jan. 17 -Jan. 24
Jan. 24 -Jan. 31
Jan. 31•FeD.7
FeD. 7 •FeD. 14
FeD. t4 -Feb. 21
FeD. 21 -Feb. 26
Feb. 26 -Mar. 7
Mar. 7 -Mar. 14
Mar. t4 • Mar. 21
Mar. 21 -Mar. 28
Mar. 2B -ADr. 4
Apr. 4 -ADr. I7
Apr. 11 • Apr. 18
Apr. 18 -Apr. 25
Apr. 25 -May 2
May 2 -May 9
May 9 -May 76
May 16 -May 23
May 23 -May 30
May 30 -June 6
June 6 -June 13
June 13 -June 20
June 20 • June 27
June 27 • July 4
July 4 • July 11
July 11 -July 1B
July 18 -July 25
July 25 -Aug. 1
Aug.1-Aug.B
Aug.6-AUg. 15
Aug. 15-Aug. 22
Au9~22-AU9~29
Aug. 29 -Sep. 5
Sep. 5 -Sep. 12
Sep. 12 -Sep. 19
SeD. 19 - SeD~ 26
Sep. 26 -Oct. 3
Oct. 3 -Oct. 10
I Oct. 10 -Oct. 17
Oct. 17 -Oct. 24
Oct. 24 -Oct. 31
Oct. 3t -Nov. 7
Nov. 7 -Nov. 14
Nov. 14 -Nov. 21
Nov. 21 -Nov. 26
Nov. 2B -Dec. 5
I Dec. 5 -Dec. 12
Dec. 12 -Dec. 19
Dec. 19 -Dec. 26
Dec. 26-Jan.2
Jan. 2 -Jan. 9
Jan. 9 -Jan. 16
Jan. 16 • Jan. 23
Jan. 23•Jan. 30
Jan. 30 -Feb. 6
Feb. 6 -FeD. 13
FeD. 13-FeD. 20
Feb. 20-FeD. 27
Feb. 27 -Mar. 6
Mar. 6 -Mar. 13
Mar. 13 -Mar. 20
Mar. 20 -Mar. 27
Mar. 27 -Apr. 3
Apr. 3 -ADr. 10
Apr. 10 • Apr. 17
Apr. 17 -Apr. 24
Apr. 24 - MaY 1
May 1 -May 8
May 6 -May 15
May 15 • May 22
May 22 -May 29
May 29 -June 5
June 5 -June 12
June 12 -June 19
June 19 -June 26
June 26 -July 3
July 3 -July 10
July 10 -July t7
July 17 -July 24
July 24 -July 31
Judy 31 -Aug. 7
Aug.7-Aug. 14
Aug. t4 -Aug. 21
Aug. 21-AUg. 26
Aug. 28-Sep.4
Sep. 4 ~ Sep. 11
Sep. tt -Sep. t8
Sep. tB-Sep. 25
Sep. 25 -Oct. 2
Oct. 2 -Oct. 9
Oct. 9 -Oct. 16
Oct. t6 -Oct. 23
Oct. 23 -Oct. 30
Oct. 30 -Nov. 6
Nov. 6 -Nov. 13
Nov. 13 -Nov. 20
Nov. 20 -Nov. 27
Nov. 27 -Dec. 4
Dec. 4 -Dec. n
Dec. 11 - Dec. 1~
Dec. 18 -Dec. 25
Dec. 25 •Jan.l
Jan.t-Jan.B
Jan. 8 -Jan. 15
Jan. 15 -Jan. 22
Jan. 22-Jan. 29
Jan. 29 -Feb. 5
Feb. 5 -FeD. 12
Feb. 12 -Feb. 19
Feb. 19 -Feb. 26
FeD. 26 -Mar. 5
Mar. 5 -Mar. 12
Mar. 12 -Mar. 19
Mar. 19 -Mar. 26
Mar. 26 -Apr. 2
Apr. 2 -ADr. 9
Apr. 9 -ADr. 16
Apr. 16 -APr. 23
Apr. 23 -ADr. 30
Apr. 30 -May 7
May?-May 14
May 14 -May 21
May 2t -May 28
May 28 -June 4
June 4 -June 11
June 11 -June 18
June 18 -June 25
June 25 -July 2
July 2 -July 9
July 9 -July 16
July i6 -July 23
July 23 -July 30
July 30 -Aug. 6
Aug. 6 -Aug. 13
Aug. 13 -Aug. 20
Aug. 20 -Aug. 27
Aug. 27 - SeD. 3
Sep. 3 -Sep. 10
Sep. 10 -Sep. 17
Sep. 17 - SeO~ 24
Sep. 24 -Oct. 1
Oct 1 -Oct. B
Oct. B -Oct. 15
Oct. 15 -Oct. 22
Oct. 22 -Oct. 29
Oct. 29 -Nov. 5
Nov. 5 -Nov. 12
Nov. 12 -Nov. 19
Nov. 19 -Nov. 26
Nov. 26 -Dec. 3
Dec. 3 -Dec. 10
Oec. 10 -Dec. 17
Dec. 17 -Dec. 24
Dec. 24 -Dec. 31
Dec. 31 -Jan.7
Jan. 7 -Jan. 14
Jan. 14 • Jan. 21
Jan. 21-Jan. 2B
Jan. 26 -Feb. 1
FeD. 4 -Feb. 11
FeD. 11-FeD. t6
Feb. 18-FeD. 25
Feb. 25 -Mar. 3
Mar. 3 -Mar. 10
Mar. 10 -Mar. 17
Mar. 17 -Mar. 24
Mar. 24 -Mar. 31
Mar. 31 • Apr. 7
Apr. 7 •APr. 14
Apr. 14 -Apr. 21
Apr. 21 • Apr. 2B
Apr. 26 • May 5
May 5 -May 12
May 12 -May 19
May 19 • May 26
May 26 -June 2
June 2 -June 9
June 9 • June 16
June 16 -June 23
June 23 -June 30
June 30 • July 7
July 7 -July 14
July 14 • July 21
'~ July 21-July 28
July 28 -Aug. 4
Aug. 4 ~ Aug. 11
Aug. 11-Au9~i6
Aug. 18 -Aug. 25
Aug. 25 -Sep. 1
SeD~t-SeD~B
Sep. 8 - SeD. 15
Sep. 15 -Sep. 22
SeO. 22 - SeP. 29
Sep. 29 -Oct. 6
Oct. 6 -Oct. 13
Oct. 13 -Oct. 20
Oct. 20 -Oct. 27
Oct. 27 -Nov. 3
Nov. 3 -Nov. 10
Nov. 10 -Nov. 17
Nov. 17 -Nov. 24
Nov. 24 -Dec. 1
Dec.1-Dec.B
Dec. 8 -Dec. /5
Dec. 15-Dec. 22
Oec. 22 -Dec. 29
Dec. 29-Jan.S
Jan. 5 -Jan. 12
Jan. 12 • Jan. 19
Jan. 19 -Jan. 26
Jan. 26•FeD.2
FeD. 2 -Feb. 9
FeD. 9 -FeD. 16
Feb. 16 •FeD. 23
FeD. 23 -Mar. 2
Mar. 2 - Mar. 9
Mar. 9 -Mar. 76
4rtar. 16 • Mar.23
Mar. 23 -Mar. 30
Mar. 30 -Apr. 6
Apr. 6 -APr. 13
Apr. 13 •ADr. 20
Apr. 20 -APr. 27
Apr. 27 -May d
May 4 -May 11
May 11 -May 18
May 18 • May 25
May 25 • June 1
June 1 -June 8
June 6 -June 15
June 15 -June 22
June 22 -June 29
June 29 -July 6
July 6 -July 13
July 13 -July 20
July 20 -July 27
July 27 -Aug. 3
Aug. 3 -Aug. 10
Aug. 10-Aug. 17
Aug. 17 -Aug. 24
Aug. 24~AUg. 31
Aug. 31-Sep.7
Sep. 7 - SeD~ 14
Sep. 14 - SeO. 2t
SeD~21-SeP~28
Sep. 28 -Oct. 5
Oct. 5 -Oct. 12
Oct. 12 -Oct. 19
Oct. t9 -Oct. 26
Ocl. 26 -Nov. 2
Nov. 2 -Nov. 9
Nov. 9 -Nov. 16
Nov. 16 -Nov. 23
Nov. 23 -Nov. 30
Nov. 30 -Dec. 7
Dec. 7 -Dec. 16
Dec. 14 ~ Dec. 21
Dec. 27 -Dec. 28
Dec. 28-Jan.4
~~
'001'( ~ IJ PgGEC~~~
1
2
3
4
5
6
7
6
9
10
11
12
13
14
15
16
1I
18
19
20
21
22
23
24
25
26
27
26
29
30
31
32
33
34
35
36
37
36
39
40
41
a2
43
a4
45
46
47
48
Jan. 4 •Jan. 11
Jan. 11 - Jan. 1B
Jan. 18-Jan. 25
Jan. 25 -Feb. 1
Feb. / -Feb. B
FeD. 8 -Feb. 15
FeD. 15 • Feb. 22
Feb. 22 -Mar. 1
Mar. 1 -Mar. B
Mar. 8 • Mar. 15
Mar. 15 • Mar. 22
Mar. 22 -Mar. 29
Mar. 29 -Apr. 5
Apr. 5 •ADr. 12
Apr. 12 • Apr. 19
Apr. 19 -ADr. 26
ADr• 26 -May 3
May 3 -May 10
May 10 • May 17
May 17 -May 24
May 24 -May 31
May 31 • June 7
June 7 • June 14
June 14 • June 21
June 21 -June 26
June 28 -July 5
July 5 -July 12
July 12 -July 19
July 19 -July 26
July 26 -Aug. 2
Au0~2-AUg~9
Aug. 9 -Aug. 16
Aug. 16 -Aug. 23
Aug. 23 -Aug. 30
Aug. 30 -Sep. 6
SeD. 6 -Sep. 13
Sep. 13-Sep. 20
Sep. 20-Sep. 27
Sep. 27 -Oct. 4
Oct. 4 - Ocl. 11
Oct. 11 -Oct. 18
Oct. /B -Oct. 25
Oct. 25 -Nov. 1
Nov. 1 -Nov. 8
Nov. 6 -Nov. 15
Nov. 15 -Nov. 22
Nov. 22 -Nov. 29
NOV. 29 -Dec. 6
Jan. 3 •Jan. 10
Jan. 10-Jan. 17
Jan. 17-Jan. 24
Jan. 21 -Jan. 31
Jan. 31-Feb.7
FeD. 7 •FeD. 14
FeD. 14 -FeD. 21
FeD. 21 -FeD. 28
Feb. 28 • Mar. 7
Mar. 7 - Mar. ld
Mar. 14 -Mar. 21
Mar. 21 -Mar. 28
Mar. 28 -ADr. d
Apr. 4 •ADr. 11
Apr. 11 •APr. 16
Apr. 16 -Apr. 25
ADr. 25 -May 2
May 2 -May 9
May 9 -May 16
May 16 -May 23
May 23 -May 30
May 30 -June 6
June 6 -June 13
June 13 -June 20
June 20 -June 27
June 27 -July 4
July 4 -July 11
July 11 -July 10
July 18 -July 25
July 25 -Aug. 1
Au9~1-AUg.B
Aug. 6 -Aug. 15
Aug. 15 -Aug. 22
Aug. 22 -Aug. 29
Aug. 29 -Sep. 5'
Sep. 5 -Sep. 12
SeD. 12 - SeP. 19
Sep. 19 -Sep. 26
SeD. 26 -Oct. 3
Oct. 3 -Oct. 10
Oct. 10 -Oct. 17
Oct. 17 -Oct. 24
Oct. 24 -Oct. 31
Oct. 31 -Nov. 7
Nov. 7 -Nov. 14
Nov. 14 -Nov. 21
Nov. 21- Nov. 26
Nov. 28 -Dec. 5
49 Dec. 6 -Dec. 13 Dec. 5 -Dec. 12
50 Dec. 13 -Dec. 20 Dec. 12 -Dec. 19
51 Dec. 20 -Dec. 27 Dec. 19 -Dec. 26
52 Dec. 27 - Jan. 3 Dec. 26 ~ Jan. 2
53
CALENDAR YEAR
Jan. 2 •Jan. 9
Jan. 9 -Jan. 16
Jan. 16-Jan. 23
Jan. 23 -Jan. 30
Jan. 30-Feb.6
FeD. 6 -Feb. 13
FeD. 13 -Feb. 20
FeD. 20-Feb. 27
FeD. 27 • Mar. 5
Mar. 5 • Mar. 12
Mar. 12 -Mar. 19
Mar. 19 -Mar. 26
Mar. 26 -Apr. 2
Apr. 2 • Apr. 9
Apr. 9 -ADr. 16
Apr. i6 -Apr, 23
Apr. 23 -Apr. 30
Apr. 30 -May 7
May 7 -May 14
May 14 -May 21
May 21 -May 2B
May 2B -June 4
June 4 • June 1l
June 11 -June 18
June 18 -June 25
June 25 -July 2
July 2 -July 9
July 9 -July i6
July 16 -July 23
July 23 -July 30
July 30 -Aug. 6
Aug. 6 -Aug. 13
Aug. 13 -Aug. 20
Aug. 20-Aug. 27
Aug. 27-SeD~3
Sep. 3 -Sep. 10
SeP. 10 - SeO. 17
Sep. 17 -Sep. 2d
Sep. 24 - Ocl. 1
Oct. 1 -Oct. 6
Oct. 6 -Oct. 15
Oct. 15 -Oct. 22
Ocl. 22 -Oct. 29
Oct. 29 -Nov. 5
Nov. 5 -Nov. 12
Nov. 12 -Nov. 19
Nov. 19 -Nov. 26
Nov. 26 -Dec. 3
Dec. 3 -Dec. 10
Dec. 10 -Dec. 17
Dec. 17 - Dec. 2d
Dec. 24~ Dec. 3t
Dec. 31 -Jan.7
Jan. 7 -Jan. 14
Jan. 14 •Jan. 21
Jan. 21 •Jan. 2B
Jan. 2B • Feb. 4
FeD. 4 -FeD. 11
Feb. 11 • Feb. IB
Feb. 18 -Feb. 25
Feb. 25 -Mar. 1
Mar. 4 -Mar. 11
Mar. it • Mar. 18
Mar. 18 -Mar. 25
Mar. 25 -Apr. 1
Apr. 1 -Apr. B
Apr. B • Apr. 15
Apr. 15 -Apr. 22
APr. 22 -APr. 29
Apr. 29 -May 6
May6-May 13
May 13 -May 20
May 20-May 27
May 27 -June 3
June 3 -June 10
June 10 • June 17
June 17 • June 24
June 21 -July 1
July 1 -July 6
July B -July 15
July 15 -July 22
July 22 -July 29
July 29 -Aug. 5
Aug.5-AUp. 12
Aug. 12-Aug. 19
Aug. /9-Aug. 26
Aug. 26-Sep.2
Sep. 2 -Sep. 9
Sep. 9 - SeD. 16
SeD. 16 - SeO. 23
SeD. 23 -Sep. 30
Sep. 30. Oct. 7
Oct. 7 -Oct. t4
Oct. 14 -Oct. 21
Oct. 21 -Oct. 28
Ocl. 28 -Nov. 4
Nov. 4 -Nov. 11
Nov. 11 -Nov. 18
Nov. 18 -Nov. 25
Nov. 25 -Dec. 2
Dec.2•Dec.9
Dec. 9 • Dec. 16
Dec. 16 -Dec. 23
Dec. 23 -Dec. 30
Dec. 30-Jan.6
Jan. 6 -Jan. 13
Jan. 13 •Jan. 20
Jan. 20 •Jan. 27
Jan. 27 • Feb. 3
Feb. 3 • Feb. 10
Feb. 10 •FeD. 17
Feb. 17 -Feb. 24
Feb. 24 • Mar. 3
Mar. 3 -Mar. 10
• Mar. 10 - Mar~'N
Mar. 17 -Mar. 24
Mar. 24 -Mar. 31
Mar. 31 -Apr. 7
Apr. 7 -Apr. 14
Apr. 11 -Apr. 21
Apr. 21 -Apr. 28
Apr. 28 • May 5
May S•May 12
May 12 • May 19
May 19 • May 26
May 26 -June 2
June 2 • June 9
June 9 -June 16
June 16 -June 23
June 23 - June 30
June 30 -July 7
July 7 -July 14
Juiy 14 -July 21
July 21 -July 28
July 2B - Aup. 4
Aug. 4 -Aug. 11
Aug. 11-AUg. 18
Aug. 18-Aug. 25
Aug. 25-Sep./
Sep. / - SeO. 8
Sep. B -Sep. 15
Sep. 15 -Sep. 22
Sep. 22 -Sep. 29
SeD. 29 -Oct. 6
Oct. 6 -Oct. 13
Oct. 13 -Oct. 20
Oct. 20 • Oct. 27
Oct. 27 -Nov. 3
Nov. 3 -Nov. /0
Nov. JO -Nov. 17
Nov. /7 -Nov. 2d
Nov. 24 -Dec. 1
Dec.t-Dec.B
Dec. B -Dec. 15
Dec. 15 -Dec. 22
Dec. 22 -Dec. 29
Dec. 29-Jan.S
Unil
Week
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1B
19
20
21
22
23
24
25
26
27
26
29
30
31
32
33
34
35
36
37
30
39
40
dt
42
43
44
45
ds
47
48
49
50
51
52
53
1997
Jan. S-Jan. 12
Jan. 12 -Jan. 19
Jan. 19 -Jan. 26
Jan. 26 -FeD. 2
FeD. 2 -FeD. 9
Feb. 9 -Feb. i6
Feb. 16-Feb. 23
FeD. 23 -Mar. 2
Mar. 2 -Mar. 9
Mar. 9 -Mar. 16
Mar. 16 -Mar. 23
Mar. 23 -Mar. 30
Mar. 30 -Apr. 6
Apr. 6 -Apr. 13
Apr. 13 -Apr. 20
Apr. 20 -Apr. 27
Apr. 27 -May 4
May 4 -May it
May 11 -May 18
May 18 -May 25
May 25 -June 1
June 1 -June 8
June B -June 15
June 15 -June 22
June 22 -June 29
June 29 -July 6
July 6 -July 13
July 13 -July 20
July 20 -Jury 27
July 27 -Aug. 3
Aug. 3 -Aug. 70
Aug. 70 -Aug. t7
Aug. 17 - Aug. 24
Aug- 24 -Aug. 31
Aug. 31-Sep.7
Sep.7-SeD~ld
SeP. 14 - SeD. 2t
Sep. 21-SeD~28
Sep. 28 -Oct. 5
Oct. 5 -Oct. 12
Oct. 12 -Oct. /9
Oct. 19 -Oct. 26
Ocl. 26 -Nov. 2
Nov. 2 -Nov. 9
Nov. 9 -Nov. 16
Nov. 16 -Nov. 23
Nov. 23 -Nov. 30
Nov. 30 • Dec. 7
Dec. 7 -Dec. 14
Dec. 14 • Dec. 21
Dec. 21-Dec. 2B
Dec. 28 -Jan. 4
.~
Jan. 4 • Jan. 11
Jan. 11 •Jan, 18
Jan. 18-Jan. 25
Jan. 25 -Feb.
FeD. 1 -Feb. 8
Feb. 8 -FeD. 15
Feb. 15 -Feb. 22
FeD. 22-Feb. 29
Feb. 29 -Mar. 7
Mar. 7 -Mar. 14
Mar. 14 -Mar. 21
Mar. 21 -Mar. 2B
Mar. 28 -Apr. 4
Apr. 4 -Apr. 1?
Apr. 11 -ADr. 19
Apr. 18 • ADr. 25
Apr. 25 -May 2
May 2 -May 9
May 9 -May 16
May 16 -May 23
May 23 -May 30
May 30 -June b
June 6 -June 73
June 13 -June 20
June 20 -June 27
June 27 -July 4
July 4 -July 1'
July 11 -July tB
Juty 18 • July 25
July 25 -Aug. 1
Aug. 1 -Aug. E
Aug. 8 -Aug. ?5
Aug. 15-Aug. 22
Aug. 22 - Auc. 29
Aug. 29 -Sep. 5
Sep. 5 -Sep. 72
SeP. 12 -Sep. 19
Sep. 19 -Sep. 26
SeD. 26 -Oct. 3
Oct. 3. Oct. '.0
Oct. 10 -Oct. 17
Oct. 17 -Oct. 24
Oct. 24 • Oct. 3t
Oct. 31 -Nov. 7
Nov. 7 -Nov. 14
Nov. to -Nov. 21
Nov. 21 -Nov. 28
Nov. 2B -Dec. 5
Dec. 5 -Dec. 12
Dec. 12 -Dec. 19
Dec. 19-Dec 26
Dec. 26-Jan.2
CALENDAR YEAR
Jan.2-Jan.9
Jan. 9 -Jan. 16
Jan. 16-Jan. 23
Jan. 23 -Jan. 30
Jan. 30-Feb.6
Feb. 6 -FeD. 13
Feb. /3 -Feb. 20
Feb. 20 -Feb. 27
Feb. 27 -Mar. 6
Mar. 6 -Mar. 13
Mar. 13 -Mar. 20
Mar. 20 • Mar. 27
Mar. 27 •ADr. 3
APr. 3 -ADr. 10
Apr. 10 -Apr. 17
Apr. 17 -Apr. 24
Apr. 2/ -May i
May 1 -May 8
May 8 -May 15
May 15 • May 22
May 22 • May 29
May 29 • June 5
June 5 • June 12
June 12 -June 19
June 19 -June 26
June 26 -July 3
July 3 • July 10
July 10-July 17
July 17 -July 24
July 24 -July 31
July 31 -Aug. 7
Aug. 7 -Aug. 14
Aug. 14 -Aug. 21
Aug. 21 -Aug. 28
Aug. 28 - SeD. 4
Sep. 4 -Sep. 11
Sep. 11 - Sep. 1B
Sep. 18 -Sep. 25
Sep. 25 -Oct. 2
Oct. 2 -Oct. 9
Oct. 9 -Oct. 16
Oct. 16 • Oct. 23
Oct. 23 -Oct. 30
Oct. 30 -Nov. 6
Nov. 6 -Nov. 13
Nov. 13 -Nov. 20
Nov. 20 -Nov. 27
Nov. 27 -Dec. 4
Dec. 4 -Dec. 11
Dec. 11 -Dec. 1B
Dec. t6 -Dec. 25
Dec. 25 •Jan.1
-.
Jan.l-Jan.B
Jan. B -Jan. 15
Jan. 15 • Jan. 22
Jan. 22•Jan. 29
Jan. 29 -FeD. 5
Feb. 5 -Feb. 12
Feb. 12 -FeD. 19
FeD. 19 -Feb. 26
FeD. 26 -Mar. 5
Mar. 5 -Mar. 12
Mar. 12 -Mar. 19
Mar. 19 -Mar. 26
Mar. 26 -Apr. 2
Apr. 2 -Apr. 9
Apr. 9 -ADr. i6
Apr. 16 • Apr. 23
Apr. 23 -ADr. 30
Apr. 30 -May 7
May 7 • May 14
May 14-May 21
May 21 -May 28
May 28 -June 4
June 4 -June 11
'~ June 11 -June 18
June 16 -June 25
June 25 -July 2
July 2 • July 9
July 9 -July 16
July 16 -July 23
July 23 -July 30
July 30 -Aug. 6
Aup. 6 -Aug. 13
Aug. 1J -Aug. 20
Aug. 20 -Aug. 27
Aug. 27 -Sep. 3
Sep. 3 -Sep. 10
Sep. 10 - SeD~ 17
SeP. 17 - SeD. 24
Sep. 24 -Oct. i
Oct. 1 -Oct. S
Oct. 8 -Oct. 15
Oct. 15 -Oct. 22
Oct. 22 -Oct. 29
Oct. 29 -Nov. 5
Nov. 5 -Nov. 12
Nov. 12 -Nov. 19
Nov. 19 -Nov. 26
Nov. 26 -Dec. 3
Dec.3-Dec. 10
Dec. 10 -Dec. 17
Dec. 17- Dec. 24
Dec. 24 -Dec. 31
Dec. 31 -Jan. 7
~on~ ~r~5 ~ACEC~~~
Jan. 7 -Jan. 11
Jan. 14 -Jan. 21
Jan. 21-Jan. 28
Jan. 28 -Feb. 4
Feb. 4 -Feb. 11
Feb. 11-FeD. 18
Feb. 18-FeD. 25
FeD. 25 • Mar. 4
Mar. 4 • Mar. 11
Mar. 11 • Mar. 18
Mar. 18 -Mar. 25
.Mar. 25 • Apr_7
Apr. 1 -Apr. 6
Apr. B • Apr. 15
Apr. 15 • Apr. 22
Apr. 22 • Apr. 29
Apr. 29 -May 6
May6-May 13
May 13 -May 20
May 20 -May 27
May 27 -June 3
June 3 -June 10
June 10 -June 17
June 17 • June 24
June 24 -July 1
July 1 • July 8
July 8 -July 15
July /5 -July 22
July 22 -July 29
July 29 -Aug. 5
Aug. 5 -Aug. 12
Au9~12-Aug. 19
Aug. 19 -Aug. 26
Aug. 26 -Sep. 2
SeD~2-SeD~9
SeD~9-SeD~16
SeD. 16 -Sep. 23
Sep. 23 -Sep. 30
Sep. 30 -Oct. 7
OC[. 7 - Ocl. 14
Oct. 14 - Ocl. 21
Ocl. 21 -Oct. 28
Oct. 28 -Nov. 4
Nov. 4 • Nov. 11
Nov. 11 - Nov. 1B
Nov. 1B -Nov. 25
Nev. 25 -Dec. 2
Dec. 2 • Dec. 9
Dec. 9 -Dec. 16
Dec. 16 -Dec. 23
Dec. 23 -Dec. 30
Dec. 30-Jen6
<,..
~~
.~.
~oo~ ~ !J Fac~`~~i~
1
2
3
1
5
6
7
8
9
10
11
12
13
14
15
1fi
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
SO
S1
52
53
Jan. 6 -Jan. 13
Jan. t3-Jan. 20
Jan. 20 -Jan. 27
Jan. 27 -Feb. 3
Feb. 3 •FeD. 10
Feb. 10 •FeD. 17
Feb. 17•Feb. 24
Feb. 2a -Mar. 2
Mar. 2 • Mar. 9
Mar. 9 -Mar. 16
Mar. 16 -Mar. 23
Mar. 23 -Mar. 30
Mar. 30 -Apr. 6
Apr. 6 -Apr. 13
Apr. 13 - Apr..20
Apr. 20 -Apr. 27
Apr. 27 • May 4
May 4 -May 11
May 11 -May /8
May 18 -May 25
May 25 -June 1
June 1 -June B
June 8 -June 15
June 15 -June 22
June 22 -June 29
June 29 ~ Juiy 6
July 6 -July 13
~ July 13-July 20
July 20 -July 27
July 27 ~ Aug. 3
Aug. 3 -Aug. 10
Aug. 10 -Aug. 17
Aug. 17-Aug. 2a
Aug. 24 -Aug. 31
Aup. 31-Sep.7
SeD~7-SeD~14
SeP. 14 -Sep. 21
Sep. 21 -Sep. 28
Sep. 28 -Oct. 5
oct. s - oct. 1z
Od. 12 ~ Ott. 19
Oct. 19 -Oct. 26
Oct. 26 -Nov. 2
Nov. 2 -Nov. 9
Nov. 9 -Nov. 16
Nov. 16 -Nov. 23
Nov. 23 -Nov. 30
Nov. 30 -Dec. 7
Dec. 7 - Dec. 1d
Dec. 14 -Dec. 21
Dec 21 -Dec. 28
Dec. 28-Jan.4
Jan. 1 -Jan. 11
Jan. 11-Jan. 18
Jan. 18-Jan. 25
Jan. 25 •FeD. 1
Feb. 1 -Feb. 8
Feb. 8 -Feb. 15
Feb. 15-Feb. 22
FeD. 22 -Mar. 1
Mar. 1 -Mar. 8
Mar. 8 -Mar. 15
Mar. 15 -Mar. 22
Mar. 22 -Mar. 29
Mar. 29 -Apr. 5
Apr. 5 • Apr. 12
Apr. 12 -Apr. 19
Apr. 19 -ADr. 26
Apr. 2fi -May 3
May 3 -May 10
May 10 -May 17
May 17 -May 24
May 24 -May 31
May 31 -June 7
June 7 -June td
June 14 -June 21
June 21 -June 2B
June 28 -July 5
July 5 -July 12
July 12 -July 19
July 19 -July 26
July 26 -Aug. 2
Aug. 2 ~ Aug. 9
Aug. 9 ~ Aug. 16
Aug. 16 -Aug. 23
Aug. 23~AUg. 30
Aug. 30-Sep.6
Sep. 6 -Sep. 13
Sep. 13 -Sep. 20
Sep. 20-Sep. 27
Sep. 27 ~ Ocl. 4
Ocl. 4 - Ocl. 11
Oct. it -Oct. 18
Oct. 18~ Oct. 25
Oct. 25 -Nov. 1
Nov. 1 ~ Nov. 8
Nov. 8 -Nov. 15
Nov. 15 -Nov. 22
Nov. 22 -NOV. 29
Nov. 29 -Dec. 6
Dec. 6 ~ Dec. 13
Dec. 13 ~ Dec. 20
Dec. 20 ~ Dec. 27
Dec. 27-Jan.3
CALENDAR YEAR
Jan. 3 -Jan. 10
Jan. 10 -Jan. 17
Jan. 17 -Jan. 24
Jan. 21-Jan. 31
Jan. 31•Feb.7
Feb. 7 -Feb. 14
Feb. 14 -Feb. 21
Feb. 21 -Feb. 28
Feb. 28 -Mar. 7
Mar. 7 -Mar. 11
Mar. 11 -Mar. 21
Mar. 21 -Mar. 28
Mar. 28 -ADr. 4
Apr. 4 -Apr. 11
Apr. 11 -Apr. 18
Apr. 18 -Apr. 25
Apr. 25 • May 2
May 2 -May 9
May 9 -May 16
May 16 -May 23
May 23 -May 30
May 30 • June 6
June 6 -June 13
June 13 -June 20
June 20 -June 27
June 27 -July 4
July 4 -July /1
July 11 -July 1B
July 18 -July 25
July 25 -Aug. 1
Aug. t -Aug. B
Aug.B-AUg. 15
Aug. 15 -Aug. 22
Aug. 22 - Aug. 29
Aug. 29 - SeD. 5
Sep. 5 -Sep. 12
Sep. 72 • Sep. 19
Sep. 19 -Sep. 26
Sep. 26 -Oct. 3
Oct. 3 -Oct. 10
Oct. 10 -Oct. 17
Oct. 17 ~ Oct. 24
Oct. 24 -Oct. 31
Oct. 31 -Nov. 7
Nov. 7 -Nov. 14
Nov. 14 -Nov. 21
Nov. 21- Nov. 28
Nov. 28 -Dec. 5
Dec. 5 -Dec. 12
Dec. 12 -Dec. 19
Dec. 19 -Dec. 26
Dec. 26 ~ Jan. 2
Jan.2-Jan.9
Jan. 9 -Jan. 16
Jan. 16-Jan. 23
Jan. 23 -Jan. 30
Jan. 30 -Feb. 6
Feb. 6 -FeD. 13
FeD. 13-FeD. 20
FeD. 20-Feb. 27
Feb. 27 -Mar. 6
Mar. 6 -Mar. 13
Mar. 13 -Mar. 20
Mar. 20 -Mar. 27
Mar. 27 -Apr. 3
Apr. 3 -Apr. 70
Apr. 10 -Apr. 77
Apr. 17 • Apr. 24
Apr. 2d • May t
May 1 • May 8
May B -May 15
May t5 -May 22
May 22 -May 29
May 29 -June 5
June 5 -June 12
June 12 -June 19
June 19 -June 2fi
June 26 -July 3
July 3 -July 10
July 10 -July 17
July 17 -July 24
July 24 -July 31
July 31 -Aug. 7
Aug. 7 -Aug. 14
Aug. 14 -Aug. 21
Aug. 21 -Aug. 28
Aug. 28 -Sep. 4
Sep. 4 -Sep. 11
SeD~11-Sep. 18
Sep. 18 - SeD. 25
Sep. 25 -Oct. 2
Oct. 2 •Oct. 9
Oct. 9 -Oct. 16
Oct. 16 -Oct. 23
Oct. 23 -Oct. 30
Oct. 30 -Nov. 6
Nov. 6 -Nov. 13
Nav. 13 -Nov. 20
Nov. 20 -Nov. 27
Nov. 27 - DeC. 4
Dec. 4 -Dec. 11
Dec. 11 ~ Dec. 18
Dec. 1B -Dec. 25
Dec. 25-Jan.t
Jan. 1 - Jan. B
Jan. 8 • Jan. 15
Jan. 15 • Jan. 22
Jan. 22 -Jan. 29
Jan. 29 -Feb. 5
Feb. 5 • Feb. 12
Feb. 12 -Feb. 19
FeD. 19 ~ Feb. 26
i
Feb. 26 • Mar. 4
Mar. 4 • Mar. 11
Mar. 11 -Mar. 18
Mar. 18 -Mar. 25
Mar. 25 • Apr. 1
Apr. 1 • Apr. 8
Apr. 8 • Apr. 15
Apr. 15 • Apr. 22
Apr. 22 • Apr. 29
Apr. 29 -May 6
May 6 -May 13
May 13 -May 20
May 20 -May 27
May 27 -June 3
June 3 -June 10
June t0 -June 17
June 17 • June 2d
June 24 • July 1
July 1 -July 8
July B -July 15
July 15 -July 22
July 22 -July 29
Juiy 29 -Aug. 5
Aug. 5 -Aug. 12
Aug. 12 -Aug. 19
Aug. 19 -Aug. 26
Aug. 26 -Sep. 2
Sep. 2 -Sep. 9
Sep. 9 - SeD. 16
Se D. 16 - SeD. 23
Sep. 23-Sep. 30
Sep. 30. Oct. 7
Oct. 7 -Oct. 14
Oct. 14 -Oct. 21
Ocl. 21 -Oct. 26
Ocl. 28 -Nov. 4
Nov. 4 -Nov. 11
Nov. 11 -Nov. 18
Nov. 18- Nov. 25
Nov. 25 -Dec. 2
Dec. 2 -Dec. 9
Oec. 9 -Dec. 16
Dec. 16 -Dec. 23
Dec. 23 -Dec. 30
Dec. JO -Jar.. 6
.•.
...
,~
....
'0~]i( ~ 1 J FAGE~i~~ 1
CALENDAR YEAR
1
2
3
4
5
6
7
B
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
3a
35
36
37
38
39
40
41
42
43
44
45
46
47
46
49
50
51
52
53
Jan. 6 -Jan. 13
Jan. 13-Jan. 20
Jan. 20•Jan. 27
Jan. 27 -Feb. 3
Feb.3-Feb. 10
FeD. 10 -Feb. 17
FeD. 17 -Feb. 2d
Feh. 24 -Mar. 3
Mar. 3 • Mar. 10
Mar. 10 -Mar. 17
Mar. 17 -Mar. 24
Mar. 24 -Mar. 31
Mar. 31 -Apr. 7
Apr. 7 -Apr. 14
Apr. 11 -Apr. 21
Apr. 21 -Apr. 2B
'. ADC 28 -May 5
'May 5 -May 12
May 12 -May 19
May 19 • May 26
May 26 -June 2
June 2 -June 9
June 9 -June 16
June 16 -June 23
June 23 -June 30
June 30 -July 7
July 7 -July 14
July 14 -July 21
July 21 -July 2"
July 2B -Aug. 4
Aug. 4 -Aug. 11
Aug. 11 -Aug. 1B
Aug. 18 -Aug. 25
Aug. 25 -Sep. 1
Sep. 1 -Sep. B
SeD. 8 -Sep. 75
Sep. 15~Sep. 22
Sep. 22 -Sep. 29
Sep. 29 -Oct. 6
Oct. 6 -Oct. 13
Ocl. 13 -Oct 20
Oct. 20 -Oct. 27
Oct. 27 -Nov. 3
Nov. 3 - Nov. 1G
Nov. 10 -Nov. 17
Nov. 17 -Nov. 24
Nov. 24 -Dec. i
Dec. t -Dec. B
Dec. 8 -Dec. 15
Dec. 15 -Dec. 22
Dec. 22 -Dec. 29
Dec. 29-Jan.S
Jan. 5 - Jan..F
Jan. 12-Jan. i9
Jan. 19-Jan. 26
Jan. 26 -Feb. 2
Feb.2-FeD.9
Feb. 9 -FeD.::
Feb. 16 -Feb. 23
FeD. 23 -Mar. 2
Mar. 2 -Mar. 9
Mar. 9 • Mar. 16
Mar. 16 • Mar. 23
Mar. 23 -Mar, 37
Mar. 30 • Apr. 6
Apr. 6 -Apr. 13
Apr. 13 -APr. 2:.
Apr. 20 -Apr. 2'.
Apr. 27 -May 4
Mayo-May 11
May 11 -May 18
May 18 -May 2;i
May 25 -June 1
June 1 -June 6
June 8 -June 15
June 15 -June 22
June 22 -June 29
June 29 -July f
July 6 - July 13
July 13 -July 2J
July 20 -July 27
July 27 -Aug. 3
Aug. 3 - Aug. 10
Aug. 10 -Aug. 'i7
Aug. 17 -Aug. 24
Aug. 24 - Aug. 31
Aug. 31 -Sep.7
Sep. 7 - Sep. 1<
SeP. 14 - Se F..11
Sep. 21 -Sep. -^.B
SeD. 28 -Oct. 5
Oct. 5 - Oct. 12
Oct. 12 -Oct. -~.9
Oct. 19 -Oct. 76
Oct. 26 ~ Nov.
Nov. 2 -Nov. 9
Nov. 9 -Nov. 13
Nov. 16 -Nov. ?3
Nov. 23 - Noc. 30
Nov. 30 -Dec. 7
Dec. 7 - Dec..1
Dec. 14 -Dec. 21
Dec. 21-Dec. 28
Dec. 28-Jan.4
Jan. 4 -Jan. 11
Jan. 11-Jan. 18
Jan. 18-Jan. 25
Jan. 25 -Feb. 1
FeD.1-Feb.B
FeD. 8 -Feb. 15
Feb. t5 • Feb. 22
Feb. 22 -Mar. 1
Mar. 1 • Mar. 8
Mar. 8 -Mar. 15
Mar. 15 • Mar. 22
Mar. 22 -Mar. 29
Mar. 29 -Apr. 5
Apr. 5 • Apr. /2
Apr. 12 •ADr. 19
Apr. 19 -Apr. 26
Apr. 26 -May 3
Maya-May 10
May 10 -May 17
May 17 -May 24
May 24 -May 31
May 31 • June 7
June 7 -June 14
June 14 • June 21
June 21 -June 28
June 28 -July 5
July 5 -July 12
July 12 -July 19
July 19 -July 26
July 26 -Aug. 2
Au9~2-Aug.9
Aug. 9 -Aug. 16
Aug. 16 -Aug. 23
Aug. 23 -Aug. 30
Aug. 30-Sep.6
Sep. 6 -Sep. 13
Sep. 13-Sep. 20
Sep. 20 -Sep. 27
Sep. 27 -Oct. 4
Oct. 4 -Oct. 11
Oct. 11 -Oct. 18
Oct. t8 -Oct. 25
Ocl. 25 -Nov. 1
Nov. 1 -Nov. 8
Nov. 8 ~ Nov. 15
Nov. 15 -Nov. 22
Nov. 22 -Nov. 29
Nov. 29 -Dec. 6
Dec. 6 -Dec. 13
Dec. 13 -Dec. 20
Dec. 20 -Dec. 27
Dec. 27-Jan.3
Jan. 3 -Jan. 10
Jan. 10-Jan. 17
Jan. 17-Jan. 24
Jan. 24-Jan. 31
Jan. 31-FeD.7
FeD.7-Feb. 14
FeD. 14 -Feb. 21
FeD. 21-Feb. 2B
FeD. 28 -Mar. 6
Mar. 6 • Mar. 13
Mar. 13 -Mar. 20
Mar. 20 -Mar. 27
Mar. 27 -ADr. 3
Apr. 3 -Apr. 10
Apr. 10 -APr. 17
Apr. 17 -Apr. 24
Apr. 24 -May 1
May 1 -May 8
May 8 -May 15
May t5 • May 22
May 22 -May 29
May 29 -June 5
June S -June 12
June 12 -June 19
June t9 -June 26
June 26 -July 3
July 3 -July 10
July 10 -July 17
Juty 17 -July 2d
July 24 -July 31
July 31 -Aug. 7
Aug. 7 -Aug. 14
Aug. 14 -Aug. 21
Aug. 21-Aug. 28
Aug. 28 -Sep. 4
Sep. 4 -Sep. 11
SeP~11-SeD~18
Sep. 18-Sep. 25
sept. 25 - oct. z
Oct. 2 -Oct. 9
Oct. 9. Oct. 16
Oct. 16 -Oct. 23
Oct. 23 -Oct. 30
Oct. 30 ~ Nov. 6
Nov. 6 -Nov. 13
Nov. 13 -Nov. 20
Nov. 20 -Nov. 27
Nov. 27 -Dec. 4
Dec. 4 -Dec. 11
Dec. 11 -Dec. 18
Dec. 18 -Dec. 25
Dec. 25-Jan.t
Jan. 1 -Jan. B
Jan. 6 -Jan. 15
Jan. 15 • Jan. 22
Jan. 22-Jan. 29
Jan. 29 -Feb. 5
Feb. 5 -Feb. 12
Feb. 12 -Feb. 19
FeD. 19 -FeD. 26
Feb. 26 -Mac 5
Mar. 5 -Mar. 12'
Mar. 12 -Mar. 19
Mar. 19 -Mar. 26
Mar. 26 -Apr. 2
Apr. 2 • Apr. 9
Apr. 9 -Apr. i6
Apr. 16 -Apr. 23
Apr. 23 -Apr. 30
Apr. 30 -May 7
May 7 -May t4
May 14 -May 21
May 21 • May 2B
May 28 -June a
June 4 -June 11
June 11 -June 18
June 18 -June 25
June 25 -July 2
Juty 2 -July 9
July 9 -July 16
July 16 -July 23
July 23 -July 30
July 30 -Aug. 6
Aug. 6 -Aug. 13
Aug. 13-Aug. 20
Aug. 20-AU9~27
Aug. 27 ~ Sep. 3
Sep. 3 -Sep. 10
SeD~ 10 -Sep. 17
Sep. 17-Sep 24
Sep. 24 -Oct. 1
Oct. 1 -Oct. 8
Oct. 8 -Oct. 15
Ocl. 15 -Oct. 22
Oct. 22 -Oct. 29
Oct. 29 -Nov. 5
Nov. 5 -Nov. 12
Nov. 12 -Nov. 19
Nov. 19 -Nov. 26
Nov. 26 -Dec. 3
Dec. 3 -Dec. 10
Dec. 10 -Dec. 17
Oec. 17 -Dec. 24
Dec. 24 -Dec. 31
Dec. 3l ~Jan.6
Ep_~C'.i;L L. MULARZ & ASSOCIATES ARCHITECTUl;c
EXHIBIT "E•. PLANNING
® ~® ® ® ...
i
17
# p00Y ~ /~ PAliE~+~~j '
9 August 1983
Andrew V. Hecht, Attorney
601 East Nyman Avenue
Aspen;`Colorado 81611
. Re: The Coachl fight
", ~ Aspen, Colorado
,_ _
Boone".Schwietz~er•phoned~a few days ago and asked me
to write you regarding the above project responding
to two areas in question.
1. .-What access is available for the Nandi-
•.:capped and
2. What is the useful life•of the building
`'components? ~ -
The building was constructed in i98f and was designed
to conform to the requirements of the 1979 Uniform
Building Code as adopted by the City of Aspen. Of
the tt studio guest units constructed, it was
' necessary that one of these units be designed and
equipped with a bathroom for use by a handicapped
person. .
Such a unit, originally designed to be located as the
fourth unit from the west on the first floor, was
relocated and became the first unit from the west on
the first floor during construction. In addition,.a
•~ ramp from the parking area to the first floor was
~;- - designed and constructed on the north side as
• required by the Uniform Building Code: The reloca-
` tioh of the handicapped bathroom unit during construc-
tion~improved the access from the ramp. -At the time
of my final inspection the handicapped bathroom -ras
properly equipped for use.
For tax purposes. building components fora newly
constructed rental structure such as the Coach)ight
can, in many cases, be depreciated as follows:
P.O. BOX 166
_._~
'';"', - ~cK ~ ICJ eAtiE~~~~i
Andrew V. Hecht, Attorney 9 August 1983
Page 2
Component Useful Life -
STRUCTURE 40 yrs.
~. _NTERIOR 20 yrs.
. PLUMBING f5 yrs.
. .HEATING i5 yrs.
-ELECTRICAL 15 yrs.
-
~- ._ .-
In reality, and~with proper _
maintenance
a further
breakdown of components and ,
their expected useful
life .for a building such as the Coachlrght could
be as follows:
Component Expected Life
_ Concr~ate Foundation 100 yrs_
Structure 50 yrs.
Roofing i5 yrs.
Windows/Doors 50 yrs.
Interior walls 40 yrs.
Plumbing 75 yrs.
Plumbing fixtures 20 yrs.
• Heating Plant 30 yrs.
'Electrical System 40 yrs.
It must be understood that the expected useful life
of any structure will be shortened considerably if
a program of preventive r~~aintenance is not pursued_
On•the other hand
a good maintenance
,
program will
increase the expected life considerably.
If you need any information i
l n addition to the above,
•p
ease give me a call.
Very tr
u
l
y
you
rs,
(
'
~
,,~
f
Theodore L. Mularz, AIA
tlm/m .
1
MENORANDUK
TO: Aspen City Council
TARO: Hal Schilling, City Manag$K,~J
FROM: Alan Richman, Planning Office ~'~.
RE: Shadow Mountain Lodge Timeshare - Resubdivision
DATE: May 28, 1985
SONNARY: The Planning Office recommends approval of subdivision
exception for the purposes of reconfiguring six studios in the Shadow
Mountain Lodge into four one bedroom units.
PREVIOUS COUNCIL ACTION: Council granted approval to the applicant
to timeshare this facility on July 9, 1984, subject to thirty-two (32)
conditions.
LOCATION: 232 W. Hyman Avenue, Lots R, L, M and N, Block 53, City and
Townsite of Aspen.
SONING: L-3
APPLICANT'S REQIIEST: The applicant requests approval to convert six
(6) studio units (Units 2,3,4,8,9 and 10) into four (4) one-bedroom
units. This proposed reconfiguration of space requires resubdivision
to amend the plat and timeshare documents. Conditional use approval
for the new unit mix was granted by P&Z on May 7, 1985.
PLANNING OFFICE RE9ISW: This proposal does not alter the terms of the
sale of fractional foP estate units or the compilation of use weeks.
It will change th - sally, the project consisted of
twelve (12) units. units were studios of approxi-
mately 350 sq. ft. ~n ~a-~ g unit is an 1,800 square foot,
three (3) bedroom ~ an office/lobby area of approxi-
mately 250 sq. ft q-~._-^'"~S oyee units of approximately 300
sq. ft. each. A ] area exists which is used for
storage.
The applicant wa:.,... __ six of the studio units (Units
2,3,4,8,9 and 10) into four one-bedroom condominium units. Floor
plans were submitted with the application but a revised condominium
plat must be produced, submitted to the Engineering Department and
approved by them prior to being recorded. The revised condominium
plat must be recorded, after being approved by the City Attorney and
Engineer, prior to issuance of a Certificate of Occupancy. The
Engineering Department also commented that the existing dumpster
should be relocated onto the concrete slab north of the building
.~...
pursuant to condition 3.e. of the prior approval (July 9, 1984).
Although fewer units will be the result of this conversion, the
maximum occupancy level of the building will increase. The total
number of free-market units will be reduced from twelve (12) to ten
(10). Each studio had an occupancy limit of two (2) persons at a
time, for a total population of twelve (12), within the six studios.
Each one-bedroom unit will have an occupancy limit of four (4), for a
total population of 16 within the four proposed units. The applicant
submits that the reason for this request is that the market demand is
for one-bedroom units rather than studios in order to accommodate
unrelated parties who want to share occupancy. The Council should also
note that the net loss of two units in the L-3 lodging inventory will
result in an addition to the L-3 quota for this year, making twelve,
rather than ten units available for competitors.
The Planning Office has completed a site visit to this project and
agrees that one-bedroom units will likely be more marketable. The
studio units are quite minimal and the new floor plan is better from a
comfort standpoint. The additional occupancy reflects maximum usage
and may, in fact, be less at some times. The additional potential of
four more occupants should not be detrimental to the neighborhood or
significantly affect the compatibility of this timeshared lodge with
surrounding properties. Furthermore, the bedroom reduction from 14
lodge and two employee bedrooms to twelve lodge and two employee
bedrooms brings the project into compliance with its fourteen available
parking spaces.
Other changes in the recorded documents include amendment of the title
company from Stewart Title Company to Pitkin County Title, Inc. In
addition, Exhibit C to the Disclosure Statement (Escrow Agreement) is
changed to reflect this new title company arrangement. The Attorney's
Office has reviewed the amended Condominium Declaration, Disclosure
Statement and Escrow Agreement and indicated that they "appear appro-
priate."
The Attorney's Office points out that if the Shadow Mountain Lodge at
Aspen has formed a condominium or owner's association, they would have
to approve these requested amendments before the City accepts them,
per the updating and filing requirements of Section 20-24 (f) (3). A
condition will be added to the recommendation to address this.
ADVISORY COMMITTSS DOTS: The Planning and Zoning Commission voted
4-0 in favor of the applicant's request at their meeting on May 7, 1985.
RSCOxl1BNDSD MOTION: "Move to grant subdivision exception for the
purposes of reconfiguring six studios in the Shadow Mountain Lodge
at Aspen into four one-bedroom units and that the lodge be re-condo-
miniumized in the new unit mix with the following conditions:
- 2 -
1. Verification must be made by the applicant, that either a
condominium owner's association has not yet been formed or
if one exists, they have approved these changes.
2. A revised condominium plat must be submitted to the City
Engineering Department for approval, prior to recordation.
3. All revised documents must be finally accepted by the City
Attorney and recorded.
4. The applicant will, prior to approval of the revised plat,
relocate the dumpster onto the concrete slab north of the
building, pursuant to Condition 3.e. of the prior approval
dated July 9, 1984.
- 3 -
!, /
~Al~]E~lE1L® ~ ~[~~~[~f, 1~,~,
ATTORNEYS AT LAW
RONALD GARFIELD
ANDREW V. HECHT VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
WILLIAM K. GUEST, P.C.
COLORADO 81611
ASPEN
]EREMY M. BERNSTEIN ,
CLIFTON D. BURDICK
April 5, 1985
The Honorable William J. Stirling,
Chairman and Members of
The City Council
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
._ ~ of ~~ •85
TELEPHONE
(303) 925-1936
TELECOPIER
(303) 925-3008
CABLE ADDRESS
"GARHEC"
Re: Shadow Mountain Lodge/Resubdivision
Dear Mayor Stirling and Members of City Council:
Pursuant to Section 20-24, Section (F)(3) of the Aspen
Municipal Code, the applicant, Shadow Mountain Lodge requests
approval from the City for the resubdivision of certain of the
condominium units of Shadow Mountain Lodge into one-bedroom
units. The effect will be to convert six (6) studio units (Units
2, 3, 4, 8, 9 and 10) into four (4) one-bedroom units. If
further subdivision approval or conditional use approval is
required, this is intended to be an application for such
approval.
In support of this request, the applicant states that
there will be less impact with such a conversion, and that the
reason for the request is to satisfy a market demand which
requires that one-bedroom units be available to accommodate
unrelated parties who might want to use the unit at the same
time.
Further, the applicant requests permission from the
City Council to recondominiumize Shadow Mountain Lodge or seeks
an exception of the standard application of Section 20-19 to
permit the combining of certain units as herein described and in
support of that request, states that subdivision is unnecessary
in relation to the land use policy of the City of Aspen under the
facts and circumstances presented, since the reconfigured units
will substantially comply with the design standards of this
chapter. In further support of such exception, the applicant
states that:
(1) There are special circumstances or conditions
affecting the subject property such that the strict application
of the provisions of this chapter for which an exception is
~' ~,
~ J
GARFIELD & HEGHT, P.G.
William J. Stirling
April 5, 1985
Page 2
sought would deprive the applicant of the reasonable use of his
land; and
(2) The exception is necessary for the preservation
and enjoyment of a substantial property right of the applicant;
and
(3) The granting of the exception will not be
detrimental to the public welfare or injurious to other property
in the area in which the subject property is situated.
The applicant requests permission to amend the
Disclosure Statement in the following respects:
(1) The addition of the pertinent recording
information regarding the Condominium Map and the Fractional
Estate Condominium Declaration.
(2) Change the name of the title company from Stewart
Title Company to Pitkin County Title, Inc.
(3) The total number of free market units will change
from twelve (12) to ten (10).
(4) The occupancy limit of each one-bedroom unit will
be four (4).
(5) Exhibit C to the Disclosure Statement (Escrow
Agreement) will change to reflect the change of title companies.
Respectfully submitted,
GARFIELD & HECHT, P.C.
By .~--~~
Andrew V. Hecht, as attorney for
Shadow Mountain Lodge at Aspen
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Recorded at o'clock _.M.
Reception No. Recorder
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
RONALD GARFIELD ~ a ~
GARFIELD & HECHT, P.C. `~ ~ ~
601 EAST HYMAN AVENUE •~~'
ASPEN, COLORADO 81611 ~„ -fir
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FRACTIONAL ESTATE CONDOMINIUM DECLARAT7.gN :gym
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FOR ~ ~~ ~~
SHADOW MOUNTAIN LODGE AT ASPEN ~ ~ .,i~.
INDEX
ARTICLE I - RECITALS AND CERTAIN DEFINITIONS
Section 1.1 The Declarant Page 1
Section 1.2 The Real Property Page 1
Section 1.3 Intention of Declarant Page 1
Section 1.4 The Project, Page 1
Section 1.5 Submission of Property Page 2
ARTICLE II - ADDITIONAL DEFINITIONS
Section 2.1 Act Page 2
Section 2.2 Articles Page 2
Section 2.3 Association Page 2
Section 2.4 Board of Managers or Board Page 2
Section 2.5 By-Laws Page 2
Section 2.6 City Page 2
Section 2.7 Common Expenses Page 2
Section 2.8 Common Furnishings Page 3
Section 2.9 Condominium Unit or Lodge Unit Page 3
Section 2.10 Common Elements Page 3
Section 2.11 Fractional Estate Page 3
Section 2.12 Fractional Owner Page 4
Section 2.13 General Common Elements Page 4
Section 2.14 Governmental Impositions Page 4
Section 2.15 Limited Common Elements Page 4
Section 2.16 Maintenance Week or Maintenance
Period Page 4
Section 2.17 Managing Agent Page 5
Section 2.18 Map or Condominium Map Page 5
Section 2.19 Mortgage Page 5
Section 2.20 Mortgagee Page 5
Section 2.21 Condominium Owner or Owner Page 5
Section 2.22 Unit Page 5
Section 2.23 Use Week Page 6
Section 2.24 TimesharE Ordinance Page 6
ARTICLE III - CONDOMINIUM MAP
Section 3.1 Preparation of Map Page 5
Section 3.2 Boundaries of Unit Page 7
Section 3.3 Recordinc Page 7
Section 3.4 Amendments and Supplements Page 7
ARTICLE IV - DIVIS ION OF PROJECT
Section 4.1 Division into Condominium Units Page 7
Section 4.2 Limited Common Elements Page 8
Section 4.3 Conveyance and Description of
Condominium Unit Page R
Section 4.4 Employee Housing Restrictions Page
Section 4.5 Further Division into Fractional
Estates Pag=' ='
Section 4.6 Conveyance and Description of a
Fractional Estate Page 9
Section 4.7 Right to Use Common Furnishings Page 9
Section 4.8 Inseparability of Common Elements Page 9
Section 4.9 Restriction on Fractional Estates Page Iv
I""'.
a.~
Section 4.10
Section 4.11
f ~1p
G~OH '~~ fsAGE t ~J~
Title
Partition Not Permitted
Page 10
Page 10
ARTICLE V - ADDITIONAL RIGHTS AND OBLIGATIONS OF FRACTIONAL
OWNERS
Section 5.1 Occupancy Expenses Page 11
Section 5.2 Holding Over Page 11
Section 5.3 Right of Possession Denied Page 12
Section 5.4 Idemnity Against Liens Page 12
Section 5.5 Periods of Possession
and Exchanges Page 13
Section 5.6 Compliance with Timeshare
Instruments Page 13
Section 5.7 Right to Exhibit Page 13
ARTICLE VI -
Section EASEMENTS
6.1 Easements for Encroachments
Page
13
Section 6.2 Easements of Access for Repair,
Maintenance and Emergencies Page 13
Section 6.3 Owner's Right to Ingress and
Egress and Support Page 14
Section 6.4 Association's Right to Use of
Common Elements Page 14
Section 6.5 Easements Deemed Created Page 15
ARTICLE VII - AD VA LOREM TAXATION
Section 7.1 Separate Assessments of Units Page 15
Section 7.2 Responsibility of Fractional
Owners Page 15
ARTICLE VIII - MECH ANIC'S LIEN RIGHTS LIMITED
Section 8.1 Mechanic's Lien Page 15
ARTICLE IX - ASSOCIATION
Section 9.1 General Purposes and Powers Page 16
Section 9.2 Membership Page 16
Section 9.3 Voting Page 16
Section 9.4 Fractional Owners Appointment
of Attorney-in-fact for
Services of Process Page 17
Section 9.5 Board of Managers Page 18
Section 9.6 Mandatory Appointment of
Managing Agent Page 18
Section 9.7 By-Laws and Articles Page 18
Section 9.8 Consent of Mortgagees Page 19
ARTICLE X - RIGHTS AND OBLIGATIONS OF ASSOCIATION
Section 10.1 Association as Attorney-in-Fact
for Owners Page 19
Section 10.2 General Common Elements Page 20
Section 10.3 Labor and Services Page 20
Section 10.4 Property of Association Page 21
Section 1G.5 Mortgagee Rights Page 21
Section 10.6 Enforcement by Association Page 21
Section 10.7 Certificate of Identity Page 22
Section 10.8 Implied Rights Page 22
Section 10.9 Rules and Regulations Page 22
ARTICLE XI - ADDIT IONAL DUTIES OF THE ASSOCIATION REGARDING
FRACT IONAL ESTATES
Section 11.1 Coordination of Occupancy Page 22
Section 11.2 Service Requests Page 23
Section 11.3 Maintenance Page 23
Section 11.4 Calendar of Use Weeks Page 23
ARTICLE XII
Section
Section
Section
Section
Section
Section
Section
FSSESSMENT FOR COMMON EXPENSES
12.1 Obligation to Pay
12.2 Apportionments
12.3 Time for Payment of Assessments
12.4 Reserve Funds
12.5 Special Assessments for Capital
Improvements
1~.6 Assessment Lien
12.7 Personal Obligation
Page 23
Page 24
Page 24
Page 25
Page 25
Page 26
Page 27
~nM ~41~a ~~;L~~~
Section 12.8 Statement of Status of
Assessment Payments Page 27
Section 12.9 Personal Liability of Purchaser
for Assessments Page 27
Section 12.10 Assessment Reserves Page 28
ARTICLE XII - USE OF CONDOMINIUM UNITS
Section 13.1 Use Restrictions Page 28
Section 13.2 Common Elements Restrictions Page 29
Section 13.3 No imperiling of Insurance Page 29
Section 13.4 No Violation of Law Page 29
Section 13.5 No Noxious, Offensive, Hazardous
or Annoying Activities Page 29
Section 13.6 No Unsightliness Page 30
Section 13.7 Restriction on Signs Page 30
Section 13.8 Antennas Page 30
Section 13.9 Restrictions on Animals Page 30
Section 13.10 Repairs or Alterations Page 30
Section 13.11 No Excessive Use of Utilities Page 30
Section 13.12 No Impairment of Structural
Integrity Page 31
Section 13.13 Miscellaneous Restrictions Page 31
Section 13.14 Responsibility of Owners
and Fractional Owners Page 31
ARTICLE XIV - MORTGAGING A CONDOMINIUM UNIT
Section 14.1 Priority of a Mortgagee
Page 31
ARTICLE XV - INSURANCE
Section 15.1 Fire Insurance Page 32
Section 15.2 Liability Insurance Page 32
Section 15.3 Other Insurance Page 33
Section 15.4 Named Insured Page 33
Section 15.5 Certificate of Replacement Value Page 33
ARTICLE XVI - DAMAGE OR DESTRUCTION
Section 16.1 Insurance Proceeds Page 34
Section 16.2 Damage, Sufficient Insurance
Proceeds Page 34
Section 16.3 Damage, Insufficient Insurance
Proceeds Page 34
ARTICLE XVII - OBSOLESCENCE
Section 17.1 Renewal of Project Page 35
Section 17.2 Sale of Project Page 37
ARTICLE XVIII - CONDEMNATION
Section 18.1 Consequences of Condemnation Page 38
Section 18.2 Proceeds Page 38
Section 18.3 Complete Taking Page 38
Section 18.4 Partial Taking Page 38
Section 18.5 Reorganization Page 39
ARTICLE XIX - AMENDMENT OR REVOCATION OF DECLARATION
Section 19.1 Amendment or Revocation Page 39
ARTICLE XX - MISCEL LANEOUS
Section 20.1 Period of Condominium Ownership Page 40
Section 20.2 Compliance with Provisions of
Declaration and Articles of
Incorporation and By-Laws of the
Association Page 41
Section 20.3 Registration of Mailing Address Page 41
Section 20.4 Transfer of Declarant's Rights Page 42
Section 20.5 Severability Page 42
Section 20.6 Protection of Mortgagee Page 42
Section 20.7 Limited Liability Page 42
Section 20.8 Non-waiver Page 43
Section 20.9 Statute Page 44
Section 20.10 Number and Gender Page 44
Section 20.11 Sales Activities of Declarant Page 44
Section 20.12 Section Headings Page 44
f
Section 20.13
Section 20.14
Section 20.15
SIGNATURE PAGE
ACKNOWLEDGEMENT OF
ACKNOWLEDGMENT OF ;
± aooK ~r~~ FaU'~~~i
Duration of Declaration
Disclosure Statement
Future Improvement Districts
DECLARANT SIGNATURES
MORTGAGEE SIGNATURE
Page 94
Page 45
Page 45
Page 45
Page 46
Page 46
~~
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FRACTIONAL ESTATE CONDOMINIUM DECLARATION
FOR
SHADOW MOUNTAIN LODGE AT ASPEN
This Fractional Estate Condominium Declaration for
Shadow Mountain Lodge at Aspen dated this 28th day of
September , 1984, is made and entered into by SHADOW
MOUNTAIN EQUITIES, INC., a Colorado corporation.
ARTICLE I
Recitals and Certain Definitions
1.1 The Declarant. SHADOW MOUNTAIN EQUITIES, INC., a
Colorado corporation, together with its successors and assigns,
collectively, is herein called the "Declarant".
1.2 The Real Property. Declarant is the owner of an
improved parcel of real property located in the County of Pitkin,
State of Colorado, described in Exhibit "A" attached hereto, made
a part hereof by this reference and hereinafter referred to as
the "Real Property". Recording data for recorded easements and
licenses appurtenant to, or included in, the condominium property
or to which any portion of the condominium property is or may
become subject is also set forth in said Exhibit "A".
1.3 Intention of Declarant. Declarant intends to
provide for condominium ownership of the real property, buildings
and improvements situated thereon as a condominium and fractional
(i.e. time-span) estate under the Condominium Ownership Act of
the State of Colorado and under the subdivision regulations set
forth in Chapter 20 of the Municipal Code of the City of Aspen.
Declarant intends to define the character, duration, rights,
obligations, and limitations of such condominium ownership and
for such purposes executes this Declaration.
1.4 The Project. The term "Project" shall mean
the Real Property and the buildings and improvements
situated thereon and all appurtenances thereto which buildings
and improvements contain twelve (12) free market units and two
(2) restricted employee housing units. This is the maximum number
of condominium units that may be created by this subdivision. The
free market condominium units will be submitted to fractional
(i.e. time-span) ownership. The employee housing units will be
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conveyed by Declarant to the fractional owners association. The
employee housing units will not be part of the fractional estates
created hereby.
1.5 Submission of Property. Declarant does hereby
submit the Real Property and buildings and improvements situated
thereon, to condominium ownership pursuant to the Condominium
Ownership Act of the State of Colorado and with respect to the
free market units further submits the same to fractional (i.e.
time-span) ownership subject to easements, rights-of-way,
restrictions and reservations of record, and Declarant does
hereby publish and declare that the following terms, covenants,
conditions, easements, restrictions, uses, limitations, and
obligations shall be deemed to run with the land, shall be a
burden and a benefit to Declarant, its successors and assigns.
ARTICLE II
Additional Definitions
Unless the context shall expressly provide otherwise
the following definitions shall apply to the following phrases,
or terms appearing in this Declaration.
2.1 Act means the Colorado Condominium Ownership Act,
Colo. Rev. Stat. Section 38-33-101 et seq. 1973, as amended.
2.2 Articles means the Articles of Incorporation of
the Association, as hereinafter defined.
2.3 Association means SHADOW MOUNTAIN LODGE AT ASPEN
FRACTIONAL OWNER'S ASSOCIATION, INC., a
for profit, its successors and assigns,
of which, as hereinafter defined, along
shall govern the administration of the
which shall be all of the Owners of the
Fractional Estates in the Project.
Colorado corporation, not
the Articles and By-Laws
with this Declaration,
Project; the members of
Condominiums or
2.4 Board of Managers or Board means the governing
body of the Association.
2.5 By-Laws means the By-Laws of the Association.
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2.6 City means the City of Aspen, Colorado.
2.7 Common Expenses means and includes expenses for
the maintenance, repair, operation, management and administration
of the Common Elements; expenses declared common expenses by the
provisions of this Declaration or under the By-Laws of the
Association and all sums lawfully assessed as such by the Board
of Managers of the Association.
2.8 Common Furnishings means the personal property in
a Lodge Unit at the time of acquisition thereof by a Fractional
Owner, including the furniture, furnishings, tableware, cooking
utensils, appliances, decorative items, bedding and all
additions, substitutions or replacements thereof. Ownership of
the Common Furnhishings will be conveyed by Declarant to the
Association.
2.9 Condominium Unit or Lodge Unit means the fee
simple interest and title in and to a Unit, the undivided
percentage interest in the General Common Elements appurtenant to
such Unit and the exclusive right to use any Limited Common
Element reserved to such Unit as shown on the Condominium Map.
2.10 Common Elements means and includes the Real
Property except those portions thereof which constitute air space
units together with the structural components of the buildings,
including but not limited to roofs, floors other than the
interior surfaces thereof (and crawl spaces beneath the floors),
foundations, pipes, ducts, flues, chutes, conduits, wires, and
other utility installations to the outlets, bearing walls,
perimeter walls, columns and girders to the interior surfaces
thereof, regardless of location; the balconies, patios, entryways
lying outside perimeter walls, walkways, yards, parking areas and
storage spaces which are now or hereafter contained within the
Project; all installations of power, lights, gas, hot, and cold
water existing for common uses and, the air above the Real
Property, all of which shall be owned, as tenants-in-common, by
the owners of the separate units, each owner of a unit having an
undivided percentage interest in such common elements as
hereinafter provided.
?,07N ~~~ PAGE~1~~
2.11 Fractional Estate means a combination of: (i) an
undivided one-fifteenth (1/15) interest as tenant-in-common, in
the present fee simple estate in a Condominium Unit and (ii) the
exclusive right to possession and occupancy of said Condominium
Unit during annually recurring periods of time known as Use Weeks
as set forth in the deed conveying the Fractional Estate to a
Fractional Owner. The sum of the Use Weeks and Maintenance Weeks
in a Condominium Unit dedicated to fractional ownership shall
equal fifty-two (52) weeks. Each Fractional Estate shall
constitute for all purposes an estate or interest in real
property, separate and distinct from all other interests in the
same Condominium Unit and may be conveyed or encumbered in the
same manner and with the same effect as other real property
interests, including, but not limited to, by way of deed,
mortgage or involuntary sale by judicial or other process.
2.12 Fractional Owner means any person, corporation,
partnership, association or other legal entity which owns an
interest in one or more Fractional Estates.
2.13 General Common Elements means all the Common
Elements except all Limited Common Elements.
2.14 Governmental Impositions means all taxes,
assessments and other charges of the State of Colorado or any
political subdivision or of any special improvement district or
of any other taxing or assessing authority.
2.15 Limited Common Elements means those Common
Elements (as shown on the Map) which are reserved for the use of
a certain owner or owners of a particular Condominium Unit to the
exclusion of the others. Any costs for ordinary maintenance,
service or upkeep shall be paid by the owners receiving such
reservation.
2.16 Maintenance Week or Maintenance Period means those
periods of time during which exclusive possession a Lodge Unit
dedicated to fractional ownership is reserved to the Association
to service, clean, repair, maintain and refurbish such Lodge Unit
or for such other purposes as the Association shall determine to
be necessary or desirable. Maintenance Weeks shall consist of
s~ ~~~ ~a~~~f~1
those Use Weeks, designated by Declarant, by supplement or
supplements to this Declaration as Maintenance Weeks. Maintenance
Weeks shall be appurtenant to the Fractional Estates in a
particular Lodge Unit and a transfer of said Fractional Estate
shall, without further reference, transfer to the grantee thereof
such interest in the Maintenance Weeks.
2.17 Managing Agent means the individual, corporation
or other legal entity employed by the Board to perform the
management and operational functions of the Project.
2.18 M~ or Condominium Map means a plat or plats or
survey or surveys of the surface of the ground of the Real
Property showing a survey and legal description thereof, the
location of the building with respect to the boundaries of the
Real Property, together with diagramatic floor plans of the
building, showing the boundaries of each Unit within the
building, including horizontal and vertical locations and
dimensions of all boundaries of each Unit, Unit numbers
identifying the Units, together with such other information as
may be included thereon in the discretion of the Declarant. With
respect to any supplemental Condominium Map or Maps that may be
filed in the Pitkin County, Colorado records, the term "Map" or
"Condominium Map" thereafter shall mean the original Condominium
Map, together with all supplemental maps.
2.19 Mortgage means any mortgage, deed of trust, or
other security instrument by which a Condominium Unit or any
Fractional Estate is encumbered.
2.20 Mortgagee means any person, persons, firm,
corporation, partnership, association or other legal entity named
as the mortgagee or beneficiary in any Mortgage under which a
Condominium Unit or any Fractional Estate is encumbered.
2.21 Condominium Owner or Owner means a person,
corporation, partnership, association or other legal entity which
owns an interest in a Condominium Unit not submitted to
fractional ownership under this Declaration.
2.22 Unit means an individual air space unit which is
bounded by the unfinished interior surfaces of its perimeter
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walls, including the interior surfaces of windows and window
frames, doors and door frames, trim, and the interior surfaces of
the lowermost floors, uppermost ceilings and bearing walls of
such unit in the building as shown on the Condominium Map to be
filed for record, together with all fixtures and improvements
therein contained but not including any of the structural
components of the building, or Common Elements, if any, in such
unit.
2.23 Use Week means a period of exclusive possession
and occupancy of a Condominium Unit reserved to a Fractional
Owner consisting of a seven (7) day period; provided however, the
right of possession and occupancy shall not commence until 4:00
p.m. Rocky Mountain Time on the first day of the Use Week and
shall end at 10:00 a.m. Rocky Mountain Time on the last day of
such week. Use Week No. 1 begins on the first Saturday of
January in any given year and ends on the following Saturday.
Use Week No. 2 begins on the second Saturday of any given year
and ends on the following Saturday. Additional weeks are
computed by going forward from Use Week No. 1. Extra days
accumulate each year and there are occassionally years in which
there will be an extra week to be known as Week No. 53. The
Fractional Owner entitled to exclusive possession and occupancy
of a Condominium Unit during Week No. 52 shall also be entitled
to exclusive possession and occupancy of said Condominium Unit
during Use Week No. 53.
2.24 Timeshare Ordinance means section 20-24 to the
Municipal Code of the City of Aspen, Colorado regulating the
subdivision, sale and maintenance of timeshare projects and any
amendments or supplements to said Ordinance.
ARTICLE III
Condominium Map
3.1 Preparation of Map. The Map shall contain the
certificate of a registered Colorado land surveyor certifying
that the Map substantially depicts the location and the
horizontal and vertical measurements of the building, the Units,
the Unit designation and dimensions thereof, the elevations of
~~ 4 ~~ ya~~793
the unfinished floors and ceilings, the building number or
symbol. Each supplemental map or any amendment shall set forth a
like certificate when appropriate.
3.2 Boundaries of Unit. In interpreting the Map or any
amendment or supplement thereto, the existing physical boundaries
of each Unit as constructed shall be conclusively presumed to be
its boundaries.
3.3 Recording. The Condominium Map or Maps shall be
filed for record in the Real Estate Records of the County Clerk
of Pitkin County, Colorado and may be filed for record in r•hole
or in parts, or in sections, from time to time. Each section of
the Map filed subsequent to the first or initially filed Map
shall be termed a supplement or amendment to such Map and the
numerical sequence of such supplements or amendments shall be
shown thereon.
3.4 Amendments and Supplements. Declarant reserves the
right without the necessity of any obtaining the consent of any
other person to amend or supplement the Map, from time to time,
to conform the same according to the actual location of any
improvements or alterations, and to establish, vacate, and
relocate access, utility or other easements or rights of way and
for any other purposes as provided herein. Notwithstanding the
preceding, Declarant shall obtain an approval from the City to
any amendment or supplement to the Map where such approval is
required under the Timeshare Ordinance or the subdivision
regulations of the City.
ARTICLE IV
Division of Project
4.1 Division into Condominium Units. The Condominium
Project is hereby divided into fourteen (14) Condominium Units,
each consisting of a separate fee simple interest in a Unit and
an undivided fee simple interest in the Common Elements, a:; is
set forth in Exhibit "B" attached hereto and the Limited Common
Elements, if any, appurtenant to each Unit. Such undivided
interests in the Common Elements are hereby declared appurtenant
-,
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?QpY ~ ! ~ PAGE ! ~~
to the respective Units. Each such Unit shall be identified on
the Map by number or symbol as shown on Exhibit "B".
4.2 Limited Common Elements. Limited Common Elements
shall consist of, balconies, decks, patios, terraces and exterior
stairways, if any, appurtenant to and associated with a
particular Unit and identified on the Condominium Map, and any
individual heating equipment and fireplaces appurtenant to and
used in connection with a particular Unit. The Limited Common
Elements shall be used in connection with a particular Unit to
the exclusion of the use thereof by others except by invitation.
4.3 Conveyance and Description of Condominium Unit.
Every contract, deed, lease, mortgage, deed of trust, will, or
other instrument affecting title to a Condominium Unit not
dedicated to Fractional Ownership shall describe that Condominium
Unit as follows:
Condominium Unit ,
SHADOW MOUNTAIN LODGE AT ASPEN,
according to the Condominium Map thereof
recorded in Plat Book
at Page , and as defined and described by
the Fractional Estate Condominium Declaration
for the Shadow Mountain Lodge at Aspen
recorded in Book _
at Page _ , County of Pitkin, State of
Colorado
4.4 Employee Housing Restrictions. Condominium Units
13 and 14 are employee housing and shall and hereby are
restricted to use as employee housing as now described in Section
24-11.4(b)(4) of the Municipal Code of the City of. Aspen and to
rental and sale terms, price guidelines and to oc<~upancy
limitations within "low income" employee housing eligibility
guidelines now established by the City Council of the City of
Aspen, or as such guidelines may from time-to-time be amended by
the City Council. Said Condominium Units 13 and l~l shall and
hereby are restricted to six (6) month minimum leases with no
more than two (2) shorter tenancies per calendar ~~ear, all as
described in the Municipal Code of the City of Asi~en, as amended.
The covenants contained in this Paragraph shall remain in effect
for the period of the life of the longest lived member of the
presently constituted Aspen City Council plus twe~ity-one (21)
years, or for a period of fifty (50) years, which~:ver period is
~o;~ ~~~ ~ac~7:~~
less, from the date this Declaration is recorded. None of the
covenants contained herein shall be released or waived in any
respect or modified or amended during the period they are binding
without the prior consent of the City of Aspen reflected by
resolution of the City Council of the City of Aspen.
4.5 Further Division into Fractional L'states. All
Condominium Units in the Project, other than restricted employee
housing Units No. 13 and No. 14, in the Project are hereby
further divided into Fractional Estates.
4.6 Conveyance and Description of a F:-actional Estate.
Every contract, deed, mortgage, deed of trust, will or other
instrument affecting title to a Fractional Estate shall describe
that Fractional Estate as follows:
An undivided one-fifteenth (1/15) interest in and
to Condominium Unit , SHADOW MOUNTA:CN LODGE AT
ASPEN,.according to the Condominium Map thereof
recorded in Plat Book at
Page together with the exclusive right to
possession and occupancy of said Unit only during
Use Weeks and said
right to possession and occupancy beginning at
4:00 p.m. Rocky Mountain Time on the first day of
each Use Week and ending at 10:00 a.m. Rocky
Mountain Time on the last day of each Use Week as
more fully defined and described in the Fractional
Estate Condominium Declaration for the Shadow
Mountain Lodge at Aspen recorded
in Book ~ at Page _, County of Pickin, State
of Colorado.
Use Weeks are described in Exhibit "C" attached hereto.
Fractional Estates shall consist of not less than three (3) Use
Weeks.
4.7 Right to Use Common Furnishings. 'wring their
occupancy of a Unit, Fractional Owners shall haves the right to
use the Common Furnishings therein.
4.8 Inseparability of Common Elements. The undivided
interest in the Common Elements declared to be as appurtenance
unto each Condominium Unit or Fractional Estate shall not be
leased, conveyed, devised, encumbered or otherwise dealt with
separate from said Condominium Units or Fractional Estate and the
undivided interest in Common Elements appurtenant to each
Condominium Unit or Fractional Estate shall be deemed, conveyed,
devised, encumbered or otherwise included with the Condominium
Unit or Fractional Estate therein, even though such undivided
~..
~o~a ~ X15 ~u~rly
interest is not expressly mentioned or described in the
instrument leasing, conveying, devising, encumbering or otherwise
dealing with such Condominium Unit cr Fractional Estate. Nothing
herein contained shall be construed as limiting or preventing
ownership of any Condominium Unit or Fractional Estate therein
and its appurtenant undivided interESt in the Common Elements by
more than one person or entity as tenants-in-common or joint
tenants with right of survivorship.
4.9 Restriction on Fractional Estates. A Fractional
Owners' personal use of his Unit shill be restricted to fourteen
(14) days or less during the seasonal period of December 18th
through March 20th. This seasonal period is hereinafter referred
to as "high season." "Fractional Owners' personal use" shall be
defined as owner occupancy of a Fractional Estate or nonpaying
guest of the owner thereof or taking the Fractional Estate off
the rental market during the seasonal periods referred to herein
for any reason other than necessary repairs which cannot be
postponed or which make the Unit unrentable.
4.10 Title. Title to a Condominium Unit or Fractional
Estate may be held or owned by any entity and in any manner in
which title to any other real property may be held or owned in
the State of Colorado, including, but without limitation, joint
tenancy or tenancy in common. Subject to the restrictions set
forth in Paragraph 4.8 above, a person may acquire more than one
Fractional Estate in the same Unit or different Units and
thereafter may convey or encumber each Fractional Estate
separately acquired. Any conveyanci~ig document, mortgage (or
release thereof) lease or other instrument which purports to
grant any right, interest or lien iii, to or upon a Fractional
Estate shall be null, void and of no effect insofar as the same
purports to convey, devise, encumber, lease or otherwise trade or
deal with less than the entire Fractional Estate.
4.11 Partition Not Permitted. The Common Elements shall
be owned in common by all the owner:a of Condominium Units and
Fractional Estates and no Owner or Fractional Owner may bring any
pooK -475 Fai;r~l~ l
action for partition thereof. Further no Fractional Owner may
bring any action for the partition of a Fractional Estate.
ARTICLE V
Additional Rights and Obligations
of Fractional Owners
5.1 Occupancy Expenses. A Fractional Owner shall be
obligated to pay on last day of each Use Week all expenses
incurred in connection with the use of Unit by the Fractional
Owner, his guests, members of his family or other invitees
including all costs of long distance telephone charges, costs of
the repair or replacement of Common Furnishings or Common
Elements damaged during such use by intentional conduct or
negligence, costs of firewood, janitorial and maid service and
all other costs or expenses as may be charged by the Managing
Agent or Board in accordance with this Declaration, the Articles,
By-Laws or any rules or regulations of the Association. Any of
the foregoing expenses may at the choice of the Association be
included as part of a regular assessment rather than requiring
payment on the last day of any Use Week.
5.2 Holding Over. In the event that a Fractional Owner
shall fail to surrender up peacefully the Condominium Unit within
the time provided at the expiration of each Use Week and if said
Fractional Owner shall remain in possession after the expiration
of such time, said Fractional Owner shall be deemed guilty of a
forcible detainer an~i shall be liable for eviction with or
without process of law and damages. Under the circumstances
described in the preceding sentence such Fractional Owner shall
also be liable to tha Fractional Owner then entitled to use the
Condominium Unit in damages for each twenty-four (24) hour period
of holding over, or any part thereof, at the rate of two hundred
percent (200$) of th= daily average rental rate charged for use
and occupancy of a similar Condominium Unit, as determined in the
sole discretion of tie Managing Agent or the Board, but in no
event less than $200.00 per day, plus a reasonable amount for
attorneys' fees and all other costs incurred by the Association
~,
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or the Fractional Owner then entitled to use the Condominium Unit
in enforcing any right or remedy hereunder.
5.3 Right of Possession Denied. In the event of a
default in the payment of any charge provided for in this
Declaration, or any part thereof, or default shall be made in any
covenants or agreements herein contained to be kept by a
Fractional Owner it shall be lawful for the Managing Agent, if
any, or the Board to deny possession and the use of the Unit to
said defaulting Fractional Owner and/or declare said possession
right terminated and enter upon said premises, or any part
thereof either with or without process of law, and to expel,
remove, and put out said Fractional Owner or any other person
occupying the same using such force as may be necessary in so
doing without being liable to prosecution or in damages therefor
and to repossess and enjoy the premises free from any claim of
said defaulting Fractional Owner. Said right to possession and
use of said premises shall be denied Fractional Owner for so long
as the Fractional Owner shall be in default in the performance as
aforesaid. All rights and remedies of the Association set forth
in this paragraph or in any other provisions of this Declaration
are cumulative and may be exercised by the Association
independently or concurrently and in any order the Association
may choose.
5.4 Indemnity Against Liens. No Fractional Owner shall
have the right (such right being reserved exclusively to the
Association) to contract for or cause any labor or materials to
be furnished in connection with a Unit. Nothwithstanding the
preceding, any Fractional Owner who suffers or allows a
mechanic's lien, federal tax or other lien to be placed against
his Fractional Estate or the entire Unit shall indemnify, defend
and hold each of the other Fractional Owners harmless from all
liability or loss arising from the claim of such lien. The
Association shall enforce such indemnity by collecting from the
Fractional Owner who suffers or allows such a lien the amount
necessary to discharge the lien and all costs incidental thereto,
including reasonable attorneys' fees. If such amount is not
~ ) 11
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promptly paid, the Association may collect the same in the manner
provided herein for the collection of assessments.
5.5 Periods of Possession and Exchancres. A Fractional
Owner shall not occupy his Unit, use any Common Furnishings nor
any Common Elements during Maintenance Weeks or any other time
except during his Use Weeks. Notwithstanding the preceeding,
Fractional Owners may in any particular year assign, trade or
exchange with other Fractional Owners or other parties their
rights to exclusive possession and occupancy of a Condominium
Unit during their Use Week.
5.6 Compliance with Timeshare Instruments. By
acceptance of a conveyance of a Fractional Estate, each
Fractional Owner agrees that any use of a Unit or Common Elements
shall at all times be subject to and in accordance with this
Declaration, the Articles, By-Laws and any rules or regulations
of the Association.
5.7 Right to Exhibit. A Fractional Owner shall have
the right to enter into his Unit during reasonable hours and upon
reasonable notice during the Use Week of another Fractional Owner
for the limited purpose of showing the Unit to a prospective
purchaser. Said right of entry shall also extend to a licensed
real estate broker or salesperson of a Fractional Owner.
ARTICLE VI
Easements
6.1 Easements for Encroachments. If any part of the
Common Elements encroaches upon a Unit or Units, an easement for
such encroachment and for the maintenance of the same so long as
it stands shall and does exist. Such encroachments shall not be
considered to be encumbrances either on the Common Elements or
the Units. Encroachments referred to herein include, but are not
limited to, encroachments caused by error in the construction of
any building or improvements, by error in the Condominium Map, by
settling, rising or shifting of the earth, or by changes in
position caused by repair or reconstruction of the Project or any
part thereof.
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6.2 Easements of Access for Repair, Maintenance and
Emergencies. The Owners of Units and Fractional Owners shall have
the irrevocable right to be exercised by the Association as their
agent, to have access to each Unit and to all Common Elements
from time to time during such reasonable hours as may be
necessary for the maintenance, repair or replacement of any of
the Common Elements located therein or accessible therefrom or
for making emergency repairs therein necessary to prevent damage
to the Common Elements or to another Unit or Units. The
Association shall also have such right independent of any agency
relationship. Damage to the interior of any part of a Unit or
Units resulting from the maintenance, repair, emergency repair,
or replacement of any of the Common Elements or as a result of
emergency repairs within another Unit at the instance of the
Association or, Owners or Fractional Owners shall be an expense
of all the Owners and Fractional Owners; provided, however, that
if such damage is the result of negligence of the Owner of a Unit
or Fractional Owner, then such Owner or Fractional Owner shall be
financially responsible for all of such damage. Such damage shall
be repaired and the property shall be restored substantially to
the same condition as existed prior to damage. Amounts owing by
Owners or Fractional Owners pursuant hereto shall be collected by
the Association by assessment.
6.3 Owner's Right to Ingress and Egress and Support.
Each Owner or Fractional Owner shall have the right of ingress
and egress over, upon, and across the Common Elements necessary
for access to his Unit and shall have the right to the horizontal
and lateral support of his Unit, and such rights shall be
appurtenant to and pass with the title to each Condominium Unit
or Fractional Estate. Each Owner or Fractional Owner shall have a
non-exclusive right to the use of sidewalks and pathways located
within the entire Project, if any.
6.4 Association's Right to Use of Common Elements. The
Association shall have a non-exclusive easement to make such use
of the Common Elements as may be necessary or appropriate to
.--. A 7 //~~
.~., P!1~7N ~ !~ P~!GElV1
perform the duties and functions which it is obligated or
permitted to perform pursuant to this Declaration.
6.5 Easements Deemed Created. All conveyances of
Condominium Units hereafter made, whether by the Declarant, or
otherwise, shall be construed to grant and reserve such
reciprocal easements as shall give effect to this entire Article
even though no specific reference to the easements or to said
sections appears in any such conveyance.
ARTICLE VII
Ad Valorem Taxation
7.1 Separate Assessment of Units. As soon as
possible, after the Condominium Map shall have been filed for
record in Pitkin County, Colorado, Declarant shall deliver a
written notice to the Assessor of Pitkin County, Colorado as
provided by law, setting forth the descriptions of the
Condominium Units so that each Condominium Unit shall be assessed
separately thereafter for all Governmental Impositions. For the
purpose of such assessment, the valuation of the Common Elements
shall be apportioned among the Units in proportion to the
fractional interests in Common Elements appurtenant to such
Units. The Association shall furnish to the Assessor all
necessary information with respect to such apportionment. No
forfeiture or sale of any Condominium Unit for delinquent taxes,
assessments or other governmental charges shall divert or in any
way affect the title to any other Condominium Unit.
7.2 Responsibility of Fractional Owners. The
Association, from assessments collected from Fractional Owners,
shall pay, in a timely fashion, all Governmental Impositions on
Condominium Units.
ARTICLE VIII
Mechanic's Lien Rights Limited
8.1 Mechanic's Lien. No labor performed or materials
furnished for use in connection with any Unit, or in connection
with any improvements constructed shall create any rights to file
a statement of mechanic's lien against the Unit of any other
Owner not expressly consenting to or requesting the same or
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a~oK 475 PaGEC~:~
against any interest in the Common Elements except as to the
undivided interest therein appurtenant to the Unit of the Owner
for whom labor shall have been performed and such materials shall
have been furnished. Each Owner shall indemnify and hold harmless
each of the other Owners from and against any liability or loss
including reasonable attorney's fees, arising from the claim of
any lien against the Condominium Unit, or any part thereof, or
any other Owner or against the Common Elements for labor
performed or for materials furnished in connection with the first
Owner's Unit. At the written request of any Owner, the
Association shall enforce such indemnity by collecting from the
Owner of the Unit on which the labor was performed and materials
furnished the amount necessary to discharge any such lien,
including all costs incidental thereto, and obtaining a discharge
of the lien, such collection shall be made by assessment.
ARTICLE IX
Association
9.1 General Purposes and Powers. The Association.
through the Board or a Managing Agent shall perform functions and
hold and manage property as provided in this Declaration so as to
further the joint interests of the Fractional Owners and tte
Owners of Condominiums in the Project. It shall have all power
necessary or desirable to effectuate such purposes.
9.2 Membership. The Fractional Owners and the Owners
of Condominiums shall automatically become members of the
Association. Said membership is appurtenant to a Condominium or
Fractional Estate and title to the ownership of the membership
automatically pass with title to the Condominium or Fractional
Estate. Each Condominium Owner and Fractional Owner shall
automatically be entitled to the benefits and subject to the
burdens relating to the regular membership in the Association.
9.3 Voting. Each Condominium Unit in the Project
submitted to fractional ownership shall be accorded one (1; vote
in the Association. So long as the employee housing units sire
owned by the Association votes accorded to all other Condominium
Units shall be weighted in proportion to the voting and
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900H "~ 1~ PAGLC~+~cS
assessment percentage set forth in Exhibit "B". It is the intent
of this provision that the employee housing units will have no
vote in the affairs of the Association so long as such units are
owned by the Association. Should the employee housing units ever
cease to be owned by the Association, then all Condominium Units
in the Project (including the employee housing units) shall be
accorded one (1) vote in the Association weighted in proportion
to the percentage ownership in the General Common Elements. If
the Association shall transfer any of the employee housing units
to more than one person, each co-tenant shall b~ a member of the
Association and shall be entitled to cast a pro~cortionate share
of the vote allowed to such unit. A Fractional Owner shall be
entitled to a portion of the weighted vote assigned to his Unit,
such portion to be based upon that Fractional Owner's undivided
interest in the Condominium Unit. Where title to a Fractional
Estate is held by more than one person such owners are hereby
required to designate one person or agent as the spokesperson for
all such owners and that the person so designated shall also be
entitled to vote all the interests of that particular Fractional
Estate.
9.4 Fractional Owners Appointment of Attorney-in-fact
for Services of Process. Each Fractional Owner in the Project
hereby irrevocably designates the Association as his agent for
the service of process or legal notices for any legal action
proceding or hearing pertaining to his Fractional Interest. Any
service upon the Association as attorney-in-fact for any or all
Fractional Owners shall be in a manner sufficient to satisfy the
requirements of personal service in the State cf Colorado
pursuant to Rule 4 of the Colorado Rules of Civil Procedure. Upon
receipt of such process or other notice the Association shall
promptly mail true copies of the same to each Fractional Owner or
their designated spokesperson appointed in acccrdance with
Paragraph 8.3 above.
9.5 Board of Managers: The affairs of the Association
shall be managed by a Board of Managers which may by resolution
delegate any portion of its authority to a Managing Agent of the
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Association. There shall be not less than three (3) nor more than
five (5) members of the Board of Managers, the specific number to
be set forth from time to time in the By-Laws. All members of the
Board of Governors shall be Condominium Owners or Fractional
Owners elected by Condominium Owners or Fractional Owners except
during the period when the Association is controlled by
Declarant. Initially, control of the Association shall be vested
in Declarant. Until control of the Association has been
transferred to Condominium Owners and Fractional Owners in
accordance herewith, the members of the Board of Managers shall
be appointed by Declarant. Control of the Association shall
become vested in the Condominium Owners and Fractional Owners no
later than the earlier of four (4) months after seventy-five
percent (758) of the all Fractional Estates in the Project have
been conveyed to purchasers thereof or five (5) years after the
first Fractional Estate is conveyed to a purchaser. After control
of the Association becomes vested in the Condominium Owners and
Fractional Owners, Declarant shall still be entitled to those
votes allocated to any Fractional Interests retained by
Declarant. Notwithstanding the foregoing, Leclarant shall have
the right at any time upon sixty (60) days prior written notice
to the then Condominium Owners and Fractional Owners of record to
turn over control of the Association to the Owners and Fractional
Owners.
9.6 Mandatory Appointment of Managing Agent. As soon
as practicable the Association shall appoint a local Managing
Agent. The contract with such Managing Agetit shall allow for
either party to terminate said contract, for cause, upon sixty
(60) days notice. In the event the Managing Agent is terminated,
a new local Managing Agent shall be designated as quickly as
possible by the Association. The contract with the Managing Agent
shall specify the Managing Agent's duties +:o maintain the
Project.
9.7 By-Laws and Articles. The purposes and powers of
the Association and the rights and obligations with respect to
~.. sonx ~ IJ Fac(c~',.~J
~,._
Owners set forth in this Declaration may and shall be amplified
by provisions of the Articles and By-Laws of the Association.
9.8 Consent of Mortgagees. Unless the prior written
approval of the holders of at least two-thirds (2/3) of the first
mortgages affecting Condominium Units in the Project has first
been obtained or in the case of Fractional Estates, unless the
prior written approval of the holders of at least two-thirds
(2/3) of the first mortgages affecting all Fractional Estates in
the Project (based on one vote for each first mortgage owned or
held), the Association shall not:
(a) by act or omission, seek to abandon or terminate
the Project;
(b) change the pro rata interest or obligations of any
individual Condominium Unit for the purpose of: (i) levying
assessments or charges or allocating distributions of hazard
insurance proceeds or condemnation awards, or (ii) determing the
pro rata share of ownership of each Condominium Unit in the
Common Elements;
(c) partition or subdivide any Condominium Unit; or
(d) by act or omission, seek to abandon, partition,
subdivide, encumber, sell or transfer the Common Elements. (The
granting of easements for public utilities of other public
purposes consistent with the intended use of ttie Common Elements
by the Project shall not be deemed a transfer within the meaning
of this clause);
(e) use hazard insurance proceeds for losses to any
condominium property (whether to Condominium Units or to Common
Elements) for other than the repair, replaceme;it or
reconstruction of such condominium property.
ARTICLE X
Rights and Obligations of Association
10.1 Association as Attorney-in-Fact for Owners. Title
to any Condominium or Fractional Estate is declared and expressly
made subject to the terms and conditions hereof, and acceptance
by any grantee of a deed from the Declarant or a deed from any
Condominium Owner or Fractional Owner shall co:istitute
`~ ~c~x ~ ~J ~a~~i~ti
appointment of the attorney-in-fact herein provided. All of the
Condominium Owners and Fractional Owners irrevocably constitute
and appoint the Association, in their names, places and steads:
(i) for the purposes of dealing with the Project upon its
destruction, repair or obsolescence as provided in this
Declaration (ii) to manage, control and deal wit:i the interest of
such Condominium Owner or Fractional Owner in the General Common
Elements so as to permit the Association to fulfill all of its
duties and obligations hereunder and (iii) to grant utility
easements through any portion of the General COm'ilOn Elements. As
attorney-in-fact, the Association, by its president and
secretary, shall have full and complete authorization, right and
power to make, execute and deliver any contract, deed or any
other instrument with respect to the interest of a Condominium
Owner or Fractional Owner which is necessary and appropriate to
exercise the powers herein granted.
10.2 General Common Elements. The Association shall
provide for the care, operation, management, maintenance, repair
and replacement of the General Common Elements. Without limiting
the generality of the foregoing, said obligations shall include
the keeping of such General Common Elements in good, clean,
attractive and sanitary condition, order and repair; removing
snow and any other materials from such General Common Elements
which might impair access to the Project or the Condominiums,
keeping the Project safe, attractive and desirable; and making
necessary or desirable alterations, additions or improvements to
or on the General Common Elements.
10.3 Labor and Services. The Association may obtain and
pay for the services of a Managing Agent to manage its affairs,
or any part thereof, to the extent it deems advisable, as well as
such other personnel as the Association shall determine to be
necessary or desirable for the proper operation of the Project,
whether such personnel are furnished or employee directly by the
Association or by any person with whom or which it contracts. The
Association may obtain and pay for legal and accounting services
necessary or desirable in connection with the operation of the
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Project or the enforcement of this Declaration. The Association
may arrange with others to furnish lighting, heating, water,
firewood, trash collection, landscaping maintenance, snow
removal, mechanical and electric service maintenance, security
system maintenance, cleaning services, window washing, sewer
service and other common services.
10.4 Property of Association. The Association may pay
for, acquire and hold real and tangible and intangible personal
property and may dispose of the same by sale or otherwise.
Subject to the rules and regulations of the Association, each
Condominium Owner or Fractional Owner and each Condominium
Owner's or Fractional Owner's family and guests may use such
property. Upon termination of condominium ownership of the
Project and dissolution of the Association, if ever, the
beneficial interest in any such property shall be deemed to be
owned by the then Condominium Owners and Fractional Owners as
tenants-in-common in the same proportion as their respective
interest in the General Common Elements. A transfer of a
Condominium or Fractional Estate shall transfer to the transferee
thereof ownership of the transferor's beneficial interest in such
property without any reference thereto. The transfer of title to
a Condominium or Fractional Estate under foreclosure shall
entitle the purchaser to the beneficial interest in such property
associated with the foreclosed Condominium or Fractional Estate.
10.5 Mortgagee Rights. The Association shall grant to
each Mortgagee of a Condominium or Fractional Estate the right to
examine the books and records of the Association at any
reasonable time. Upon request, any Mortgagee shall receive a copy
of the financial statements of the Association and shall be
entitled to written notification from the Association of any
default in the performance by an individual Condominium Owner or
Fractional Owner of any obligation under this Declaration, the
By-Laws or any other condominium constituent documents that is
not cured within sixty (60) days.
10.6 Enforcement by Association. The Association may
suspend any Condominium Owner's or Fractional Owner's voting
~, 7 ~-
9~)8 ~ 1~ Fa6EC~1~:~~
rights in the Association and/or the right to use the General
Common Elements during any period or periods in which such person
fails to comply with the Association's rules and regulations, or
with any other obligations of such owner under this Declaration.
In addition to any other rights or remedies, the Association may
also take judicial action against any Condominium Owner or
Fractional Owner to enforce compliance with such rules,
regulations or other obligations or to enjoin or obtain damages
for noncompliance, all to the extent permitted by law. In any
such action the prevailing party shall be awarded his court costs
and reasonable attorney fees.
10.7 Certificate of Identity. The Board of Managers
may, from time to time, record a Certificate of Identity with the
mailing addresses of the persons then comprising the Board of
Managers, together with the identity and address of the Managing
Agent, if any there be. Such Certificate shall be conclusive
evidence thereof in favor of any person relying thereon in good
faith regardless of the time elapsed since the date thereof.
10.8 Implied Rights. The Association shall have and may
exercise and right or privilege given to it expressly by this
Declaration, or reasonably to be implied from the provisions of
this Declaration, or given or implied by law, or which may be
necessary or desirable to fulfill its duties, obligations, rights
or privileges.
10.9 Rules and regulations. The Association shall have
the right to adopt such B:~-Laws and to promulgate such reasonable
rules and regulations as it deems necessary or desirable to
effectuate the intent and to enforce the duties and obligations
set forth in this Declaration, the Articles and By-Laws of the
Association.
ARTICLE XI
Additional duties of the Association
Regarding Fractional Estates
11.1 Coordination of Occupancy. The Association shall
coordinate the plans of Fractional Owners for moving their
personal affects into and out of the Fractional Units with a view
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30QN '#~~ ~tiEC3+~'~7
toward scheduling such move so that there will be a minimum of
inconvenience to other Fractional Owners.
11.2 Service Requests. The Association shall maintain
business-like relations with Fractional Owners whose service
requests shall be received, considered, and recorded in a
systematic fashion in order to show the action taken.
11.3 Maintenance. The Association shall cause each
Lodge Unit to be maintained in a first class manner and
condition. The Association shall determine the color scheme,
decor and furnishings of each Condominium Unit as well as the
proper time for redecorating and replacement thereof. All
additions, substitutions or replacements to Common Furnishings
shall be at the expense of the Association.
11.4 Calendar of Use weeks. The Association shall
prepare a calendar of Use Weeks which shall at all times
establish the Sates of each Use Week at least five (5) years into
the future.
ARTICLE XII
Assessment for Common Expenses
12.1 Obligation to Pay. Fractional Owners shall be
obligated to pay the estimated assessments imposed by the Board
of Managers to meet the Common Expenses. So long as the employee
housing units are owned by the Association no assessments shall
be charged against those units. The Board may establish any
reasonable system for collection periodically of Common Expenses,
in advance or arrears as deemed desirable. Initially, assessments
for the estimated Common Expenses on an annual basis shall be
made by the Board and shall be payable in either equal monthly or
quarterly installments. t,t the end of each fiscal year, the Board
shall determine actual expenses and either assess each Owner or
credit against the next ensuing assessment period, as the case
may be. Assessments made shall be based upon the estimated cash
requirements deemed to bE: such aggregate sum as the Board shall
from time to time determ~.ne to be paid. The omission or failure
of the Board to fix the assessments for any assessment period
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shall not be deemed a waiver, modification, or release of the
Owners from their obligation to pay the same.
12.2 Apportionments. So long as the employee housing
units are owned by the Association, the percentage of Common
Expenses to be charged to each Unit shall be in accordance with
voting and assessment percentage set forth in Exhibit "B". It is
the intent of this provision that no assessments will be charged
to the employee housing units so long as such units are owned by
the Association. Should the employee housing units ever cease to
be owned by the Association, then all Condominium Units in the
Project (including employee housing units) shall pay assessments
in proportion to such Unit's interest in the General Common
Elements as set forth in Exhibit "B". After the assessments to be
charged to each Unit have been determined, assessments of
Fractional Estates shall be made pro rata according to each
Fractional Owner's undivided interest in a Condominium Unit.
Declarant shall be obligated to pay all assessments charged to
unsold Fractional Estaes. Declarant may rent unsold Fractional
Estate; provided however, that any rents realized shall, to the
extent necessary, be utilized to defray maintenance expenses.
12.3 Time for Payment of Assessments. Assessments shall
be due and payable within fifteen (15) days after written notice
of the amount thereof shall have been mailed to the registered
mailing address of the Fractional Owner and Condominium Owners
where applicable. F.ach assessment shall bear interest at the rate
of eighteen percent. (188) per annum from the date it becomes due
and payable, if not paid within fifteen (15) days after such
date, and there shall be a $20.00 late charge for each assessment
payment that is de~inquent. Failure of the Association to give
timely notice of a~iy assessment as provided herein shall not
affect the liability of the Fractional Owner for such assessment,
but the date when ~~ayment shall become due in such case shall be
deferred to a date fifteen (15) days after such notice shall have
been mailed. The A:~sociation may elect to have the annual
assessments paid quarterly, monthly, or on such other periodic
basis deemed desirable by the Association; and a default in the
'07H ~ ~~ PAGf~~~-~-
payment of any one installment of the annual assessment shall
additionally give the Association the right to accelerate the
remaining amount of annual assessment as immediately due and
payable.
12.4 Reserve Funds. Regular assessments shall include
reserve accounts for the following: (i) Interior Reserve Fund
for replacement of Common Furnishings in the amount of
$13,400.00; (ii) Exterior Reserve Fund for exterior maintenance
in the amount of $4,000.00; (iii) Property Tax Reserve in the
amount of $2,500.00; and (iv) License Fee Reserve in the amount
of $5,000.00 to pay the annual license fee required under
20-24(S) of the Timeshare Ordinance. Proof that the reserve
accounts have been established as proposed must be documented to
the City, Finance Department, on or before the establishment of
the Accounts. After five (5) years from the date of this
Declaration and provided the approval of the City shall first be
obtained, the Association may, based on actual expenses and
projections, make changes in required assessment for the Interior
or Exterior Reserve Funds. In addition to the foregoing, the
Association may, as part of the regular assessment, create any
other sinking funds for repairs, replacements or other
extraordinary expenditures.
12.5 Special Assessments for Capital Improvements. In
addition to the annual assessments authorized hereunder the
Association may levy in any assessment year a special assessment,
payable over such a period as the Association may determine, for
the purpose of deferring, in whole or in part, the cost of any
construction or reconstruction, unexpected repair or replacement
of the Project or any part thereof, or for any other expense or
purchase incurred or to be incurred as provided in this
Declaration. This section shall not be construed as an
indepe:ident source of authority for the Association to incur such
expens~:s, but shall be construed to prescribe the manner of
assessing for expenses authorized by other provisions of this
Declaration. Any amounts assessed pursuant hereto shall be
assessed to Fractional Owners and Condominium Owners where
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A`9~
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applicable in the same manner as regular assessments. Notice in
writing of the amount of such special assessments and the time
for payment thereof shall be given promptly and no payment shall
be due less than thirty (30) days after such notice shall have
been mailed to the registered mailing address of the respective
Fractional Owner and Condominium Owner where applicable. A
special assessment shall bear interest at the rate of eighteen
percent (188) per annum from the date it becomes due and payable
if not paid within thirty (30) days after such date.
12.6 Assessment Lien. All sums assessed but unpaid
shall constitute a lien on such Fractional Estate or Condominium
Unit superior to all other liens and encumbrances except: (a) tax
and special assessment liens on the Fractional Estate or
Condominium Unit in favor of a taxing authority and (b) all sums
unpaid on any first priority Mortgage of record. Any first
Mortgagee who obtains title to a Fractional Estate or Condominium
Unit pursuant to the remedies provided in the Mortgage or
foreclosure of the Mortgage will not be liable for such unpaid
assessments which accrue prior to the acquisition of title to the
Fractional Estate or Condominium Unit by said Mortgagee. To
evidence the lien as herein permitted, the Board of Managers may,
but shall not be required to, prepare a written notice setting
forth the amount of such unpaid indebtedness, the amount of
accrued penalty thereon, the name of the owner and a description
of the Fractional Estate or Condominium Unit and record the same
in the office of the Clerk and Recorder of the County of Pitkin,
Colorado. Such lien shall attach from the due date of the
assessment. The lien may be enforced by foreclosure upon the
Fractional Estate or Condominium Unit by the Association in the
manner for foreclosing a mortgage on real property upon recording
of a notice for claim thereof. In the event of any such
foreclosure, the Fractional Owner or Condominium Owner shall be
liable for the amount of unpaid assessments, any penalties
thereon, the costs and expenses of such proceedings, the costs
and expenses for filing the notice of lien, and all reasonable
attorneys' fees in connection therewith. The Association shall
,o,~_ ~' aoa~ 475 ~ac~u' ~S
have the power to bid on a Fractional Estate or Condominium Unit
at foreclosure sale and to acquire and hold, lease, mortgage, and
convey the same.
12.7 Personal Obligation. The amount of any assessment
chargeable against any Fractional Estate or Condominium Unit
shall be a personal and individual debt of such Fractional Owner
or Condominium Owner. No Fractional Owner or Condominium Owner
may become exempt from liability for the assessment by
abandonment or waiver of the use or enjoyment of any of the
General Common Elements. Suit to recover a money judgment for
unpaid assessments plus interest and expenses, including
attorneys' fees, shall be maintainable without foreclosing or
waiving the assessment lien provided herein.
12.8 Statement of Status of Assessment Payments. Upon
payment of a reasonable fee of not less than $10.00 and upon the
written request of any Fractional Owner, Condominium Owner,
Mortgagee, prospective Mortgagee, or prospective purchaser of a
Fractional Estate or Condominium, the Association shall issue a
written statement setting forth the amount of the unpaid
assessments, if any, with respect to such Condominium or
Fractional Estate. Unless such request shall be complied with
within ten (10) days after receipt of such request by the
Association, all unpaid assessments which became due prior to the
date of making such request shall be subordinate to the lien of a
Mortgagee which acquired its interest subsequent to requesting
such statement. If the request is made by a prospective purchaser
(who thereafter acquires title to a Fractional Estate or
Condominium), both the lien for the unpaid assessment and the
personal obligation of the purchaser (but not the seller) shall
be released automatically if the statement is not furnished
within the ten (101 day period herein; provided thereafter an
additional written request is made by such purchaser and is not
complied with within seven (7) days and the purchaser
subsequently acquires the Fractional Estate or Condominium.
12.9 Personal Liability of Purchaser for Assessments.
Subject to the provisions of Paragraph 12.6 above, a purchaser of
_, ^'°~,
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~~
~.rp;~ ~ l ~ PAGEa~~~
a Fractional Estate or Condominium shall be jointly and severally
liable with the seller for all unpaid assessments against the
Fractional Estate or Condominium up to the time of conveyance to
such purchaser, without prejudice to purchaser's right to recover
from the seller the amount paid by the purchaser for such
assessments.
12.10 Assessment Reserves. Each Fractional Owner, other
than Declarant, may be required to deposit and maintain
continuously with the Association an amount equal to up to three
(3) times the amount of the estimated monthly assessments, such
reserve amount to be held without interest accruing to the
Fractional Owner, which sum shall be used by the Association or
Managing Agent as a reserve for payment on each Fractional
Owner's assessment, for purchase of equipment, supplies,
furniture, furnishings, and for working capital of the
Association; such advance payment shall not relieve a Fractional
Owner from making the regular payment of the assessment as the
same becomes due, nor shall the Association be required to deduct
from such advance payment sums due for assessments by a
Fractional Owner prior to instituting any proceedings against the
Fractional Owner for delinquent assessments. In the event the
Association shall, pursuant to the purposes of this paragraph,
draw from such advance payment applicable to a Fractional Owner,
the Fractional Owner expressly agrees, following ten (10) day's
prior written notice from the Association, to repay such amounts
to the Association in order to properly maintain the reserve
account applicable to such Fractional Estate, and such amount to
be repaid shall have the same status as an assessment. Upon the
sale of a Fractional Estate the seller thereof shall be entitled
to a credit from the purchaser for the remaining balance of such
reserve account applicable to the such Fractional Estate.
ARTICLE XIII
Use of Condominium Units
13.1 Use Restrictions. Each Condominium Unit shall be
used for lodge purposes only and none shall be used for any
commercial or business purpose. No studio type Condominium Unit
/~~ A ~y
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~o~~ ~ l~ FAGECSty
(Units 1 through 5 and 7 through 12) shall be occupied by more
than two (2) persons. Lofts in the studios may not be used for
living areas and can only be used for storage. The three bedroom
Condominium (Unit 6) shall not be occupied by more than eight (8)
persons. No lands or structures within the Project shall ever be
occupied or used in any manner which is contrary to any zoning,
subdivision or building restrictions of the City of Aspen, nor
contrary to any rule or regulation promulgated by the
Association.
13.2 Common Elements Restrictions. All use and
occupancy of Common Elements shall be subject to and governed by
rules and regulations of the Association. No Owner or Fractional
Owner, shall obstruct, damage or commit waste to any of the
Common Elements. No Owner or Fractional Owner shall change, alter
or repair or store anything in or on any of the Common Elements
without the prior written consent of the Association or its
successors or assigns.
13.3 No Imperiling of Insurance. No Owner or Fractional
Owner shall do anything or cause anything to be kept in or on the
Project which might result in an increase in the insurance
premiums of insurance obtained for the Project or which might
cause cancellation of such insurance without the prior written
consent of the Association and the Declarant or its successors or
assigns.
13.4 No Violation of Law. No Owner or Fractional Owner
shall do anything or keep anything in or on the Project which
would be in violation of any statute, rule, ordinance,
regulation, permit or other validly imposed requirement of any
governmental body.
13.5 No Noxious, Offensive, Hazardous or Annoying
Activities. No noxious or offensive activity shall be carried on
upon any part of the Project nor shall anything be done or placed
on or in any part of the Project which is or may become a
nuisance or cause embarrassment, disturbance or annoyance to
others. No activity shall be conducted on any part of the Project
and no improvements shall be made or constructed on any part of
X17 ~~,..
~pnx ~ P~SEC~ ~U
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 annoying. No odor shall be
omitted on any part of the Project which is noxious or offensive
to others. No light shall be emitted from any part of the Project
which is unreasonably bright or causes unreasonable glare.
13.6 No Unsightliness. No unsightliness shall be
permitted on or in any part of the Project. Without limiting the
generality of the foregoing nothing shall be kept or stored on or
in any of the Common Elements; nothing shall be hung or placed
upon any of the Common Elements and nothing shall be placed on or
in windows or doors of which would or might create an unsightly
appearance.
13.7 Restriction on Signs. No signs or advertising
devices of any nature shall be erected or maintained on any part
of the Project without the prior written cc:.sent of the
Association, provided, however; Declarant, its successors or
assigns shall be entitled to erect and maintain signs during the
period of the sale of Fractional Estates in the Project.
13.8 Antennas. No radio, television or other type of
antenna shall, without the written consent of the Association, be
installed or maintained on the Common Elements or within any area
of the Project.
13.9 Restrictions on Animals. No animals of zny kind
shall be maintained, kept or harbored within any Condon~.inium
Unit, on or in any of the Common Elements or within an} area of
the Project.
13.10 Repairs or Alterations. No structural 4lterations
within any Condominium Unit or with respect to any Common
Elements shall be made and no electrical, plumbing or similar
work within any Condominium Unit shall be done without the prior
written consent of the Association.
13.11 No Excessive Use of Utilities. No Fractional
Owner or other occupant shall make excessive use of or waste
utilities, including gas, electricity and water, which are paid
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for out of the general budget and covered by regular assessments.
Water shall not be left running for any unreasonable or
unnecessary period of time.
13.12 No Impairment of Structural Integrity. Nothing
shall be done, without the written consent of the Association in
or to, any Condominium Unit or the Common or Limited Elemants, or
any portion thereof, which might impair the structural integrity
of any building in the Project or which would structurally change
the building.
13.13 Miscellaneous Restrictions. All Owners or
Fractional Owners shall close all windows when necessary, to
avoid possible damage from storm, rain or freezing. No Owner or,
Fractional Owner shall sweep or throw or permit to be swept or
thrown from a Condominium Unit or the doors or windows or decks
thereof any dirt, garbage or other substances. All garbage and
refuse shall be deposited with care only in garbage containers
for such purpose. Owners or Fractional Owners shall not be
allowed to put their names on any entry or door to a Condominium
Unit.
13.14 Responsibility of Owners and Fractional Owners.
Whenever this Declaration or any rule or regulation of the
Association prohibits any action of, or assigns responsibility
to, any Owner or Fractional Owner or any provision of this
Declaration or rule or regulation is violated by a tenant,
licensee or guest of any Owner or Fractional Owner, such Owner or
Fractional Owner shall be responsible for any such violation to
the same extent as if such Owner or Fractional Owner had
committed the same except to the extent that such liability is
prohibited by law.
ARTICLE XIV
Mortgaging a Condominium Unit
14.1 Priority of Mortgagee. Any Owner or Fractional
Owner shall have the right from time to time to mortgage or
encumber his interest by deed of trust, mortgage or other
security instrument. A first Mortgage shall be one which has
first and paramount priority under applicable laws. An Owner or
,,~. ....
77 _
BL~Oit ~!~ FAfE~~~S
Fractional Owner may create junior mortgages on the following
conditions: (i) that any such junior mortgages shall always be
subordinate to all of the terms, conditions, covenants,
restrictions, uses, limitations, obligations, lien for Common
Expenses and other obligations created by this Declaration, the
Articles and By-Laws; and (ii) that the Mortgagee under any
junior mortgage shall release, for the purpose of restoration of
any improvements upon the mortgaged premises, all of his right,
title and interest in and to the proceeds under all insurance
policies upon said premises which insurance policies were Flaced
upon the mortgaged premises by the Association. Such release
shall be furnished forthwith by a junior Mortgagee upon written
request of the Association, and if not furnished, may be executed
by the Association as an attorney-in-fact for such junior
Mortgagee.
ARTICLE XV
Insurance
15.1 Fire Insurance. The Association shall keep the
Project including all Common Elements and Common Furnishings
insured against loss or damage by fire, with extended coverage
(including insurance against loss or damage by vandalism ox
malicious mischief) in an amount not less than 90$ of the maximum
replacement value thereof, without deduction for depreciation.
Such insurance will extend to fixtures, installations or
additions comprising a part of the building within the unfinished
interior surfaces of the perimeter walls, floors and ceilings of
the Condominium Units initially installed or replacements thereof
including, but not limited to, inside walls, kitchen cabinets,
dishwasher, range, refrigerator, ovenhoods, garbage disposed,
rugs, blinds and bathroom tile, tubs, showers, toilets and
bathroom cabinets.
15.2 Liability Insurance. The Association shall i~rovide
and keep in force, general public liability insurance against
claims for bodily injury or death or property damage occurring
upon or in the Project, in limits of not less than $500,000.00
per occurrence and not less than $1,000,000.00 aggregate fir
f-
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bodily injury or death t~
$25,000.00 for damage to
any time be customary to
such higher limits shall
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~ persons, and in limits of not
property and if higher limits
protect against possible tort
be carried.
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less than
shall at
liability,
15.3 Other Insurance. The Association may carry
insurance in such amounts as the Association may consider
necessary or advisable against such other insurable hazards as
may from time to time be commonly insured against in the case of
similar property in similar locations elsewhere.
15.4 Named Insured. All insurance required to ba
carried under this Paragraph 11 shall be carried in favor of the
Association as attorney-in-fact for all Owners and Fractional
Owners and in favor of all holders of first priority Mortgages
(hereafter sometimes "first lienor"), as named and identified in
the records maintained by the Association pursuant to this
Declaration and the By-Laws of the Association, and as their
respective interests may appear. Each policy cf insurance shall
contain a standard mortgagee clause in favor of each first lienor
which shall provide that the loss, if any, thereunder shall be
payable to such first lienor, as its interest may appear,
subject, however, to the loss payment provisions in favor of the
Association hereinafter set forth. All policies of insurance
against damage to any building and fixtures shall provide that
losses shall be payable to and adjusted with the Association, as
attorney-in-fact for all Owners and Fractional Owners. The
Association shall hold and apply the proceeds of such insurance
as set forth in this Declaration. Each insurance policy shall
provide that no cancellation thereof may be made by the insurance
carrier without having first given thirty (30) days prior written
notice thereof to the Association and to all first lienors as
named and identified in the records maintained by the Association
pursuant to this Declaration and the By-Laws of the Association.
15.5 Certificate of Replacement Value. The maximum
replacement value of the building (which shall indicate the
maximum replacement value of each Condominium Unit contained
fi~~
307~t ~ ~ P~liE •-
therein), without deduction for depreciation, shall be determined
by the Association prior to obtaining any policy of fire
insurance by reference to one or more written appraisals made by
competent, disinterested appraisers. Copies of such appraisals
shall be maintained in the files of the Association.
ARTICLE XVI
Damage or Destruction
16.1 Insurance Proceeds. Except as is otherwise herein
provided, the proceeds of any insurance collected shall be
available to the Association for the purposes of repair,
restoration or replacement. Assessments for Common Expenses
shall not be abated during the period of insurance adjustment and
repair and reconstruction. Repair and reconstruction of the
improvement(s) as used in the succeeding paragraphs means
restoring the improvement(s) to substantially the same condition
in which it existed prior to the daaaage, with each Condominium
and the General Common Elements and Limited Common Elements
having substantially the same vertical and horizontal boundaries
as before.
16.2 Damage, Sufficient Insurance Proceeds. In the
event of damage or destruction to the Project, the insurance
proceeds, if sufficient to reconstruct the improvement(s), shall
be applied by the Association, as attorney-in-fact, to such
reconstruction, and the improvement(s) shall be promptly repaired
and reconstructed. The Association shall have Bill authority,
right and power, as attorney-in-fact, to cause .he repair and
restoration of the improvements(s).
16.3 Damage, Insufficient Insurance Pcoceeds. If the
insurance proceeds are insufficient to repair a.zd reconstruct
said improvement(s), such damage or destruction shall be promptly
repaired and reconstructed by the Association, •ss
attorney-in-fact, using the proceeds of insurance and the
proceeds of a special assessment to be made against all of the
Fractional Owners and Owners. Such deficiency assessment shall be
a Common Expense and made pro rata according to each Owner's or
Fractional Owner's percentage interest in the General Common
~oa~ ~~5 Fac~c~~l
Elements and shall be due and payable thirty (30) days after
written notice thereof, The Association shall have full
authority, right and power, as attorney-in-fact, to cause the
repair or restoration of the improvements using all of the
insurance proceeds and such special assessment. The special
assessment provided for herein shall be a debt of each Owner or
Fractional Owner and a lien on his Condominium or Fractional
Estate as the case may be and mal be enforced and collected as is
provided hereinabove. In addition thereto, the Association, as
attorney-in-fact, shall have the absolute right and power to sell
the Fractional Estate of any Fractional Owner or Condominium
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 Condominium or
Fractional Estate of the delinquent Owner shall be sold by the
Association, as attorney-in-fact. The proceeds derived from the
sale of such Condominium or Fractional Estate shall be used and
disbursed by the Association, as attorney-in-fact, in the
following order: (a) first, to the payment of the balance of the
lien against said Condominium or Fractional Estate of any first
Mortgage; (b) second, to the payment of taxes and special
assessment liens against said Condominium or Fractional Estate in
favor of any assessing entity; (c.) third, to the payment of
unpaid assessments; (d) fourth, r_o the payment of junior
Mortgages and encumbrances in the' order of and to the extent of
their priority; and (e) fifth, the balance remaining, if any,
shall be paid to the Owner or Fractional Owner.
ARTICL:i XVII
Obsolesence
17.1 Renewal of Project. The Owners and Fractional
Owners representing an aggregate ownership interest of 858 or
more, of the General Common Elem-~nts may agree that the
Condominiums are obsolete and adept a plan for the renewal and
reconstruction of the Project, w:zich plan shall also have the
unanimous approval of all Mortgagees of record at the time of the
adoption of such plan unless eac:z such Mortgagee shall, as a part
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of such plan, be guaranteed full repayment of the balance of its
lien. If a plan for the renewal or reconstruction is adopted,
notice of such plan shall be recorded, and the expenses thereof
shall be payable by all of the Owners and Fractional Owners;
provided, however, that an Owner or Fractional Owner not a party
to such a plan for renewal or reconstruction may give written
notice to the Association within fifteen (15) days after the
adoption of such plar. that his Condominium or Fractional Estate
be purchased by the Association for the fair market value
thereof. The Association shall then have fifteen (15) days within
which to cancel such plan. If such plan is not cancelled, then
said Condominium or Fractional Estate shall be purchased by the
Association. If such Owner or Fractional Owner and the
Association can agree on the fair market value thereof, then such
sale shall be consummated within thirty (30) days thereafter. If
the parties are unable to agree, the date when either party
notified the other that he is unable to agree with the other
shall be the "commencement date" from which all periods of time
mentioned in this Paragraph shall be measured. Within ten (10)
days following the commencement date, each party shall nominate
in writing (and give notice of such nomination to the other
party) an independent appraiser. If either party fails to make
such a nomination, ttie appraiser nominated shall within five (5)
days after default b;~ the other party shall appoint and associate
with him another independent appraiser. If the two (2) appraisers
designated by the pa:-ties, or selected pursuant thereto in the
event of the default of one (1) party, are unable to agree, they
shall appoint another independent appraiser to be umpire between
them, if they can agree on such person. If they are unable to
agree upon such umpire, then each appraiser previously appointed
shall nominate two ("?) independent appraisers and from the names
of the four (4) pers~>ns so nominated, one (1) shall be drawn by
lot by any judge of :any court of record in Colorado and the
appraiser whose name is so drawn shall be such umpire. The
nominations from which the umpire is to be drawn by lot shall be
submitted within ten (10) days of the failure of the two (2)
..~
a.00H ~ ~5 YAGE~~J
appraisers to agree, which, in any event, shall not be later than
twenty (20) days following the appointment of the second
appraiser. The decision of the appraisers as the fair market
value, or in the case of their disagreement, then such decision
of the umpire, shall be final and binding. The expenses and fees
of such appraisers shall be borne equally by the Association and
the Owner of the affected Condominium or Fractional Estate as the
case may be. The sale shall be consummated within fifteen (15)
days thereafter, and the Association, as attorney-in-fact, shall
disburse such proceeds as is provided in Paragraph 16.3 above.
17.2 Sale of Project. The Owners and Fractional Owners
representing an aggregate ownership interest of 858 or more, of
the General Common Elements may agree that the Project is
obsolete and that the same should be sold. Such plan must have
the unanimous written approval of every Mortgagee (unless each
such Mortgagee shall, as a part of such plan, be guaranteed full
repay;«ent of the balance of his lien). In such instance, the
Association shall forthwith record a notice setting forth such
fact or facts, and upon the recording of such notice by the
Association's president and secretary, the entire Project shall
be sold by the Association, as attorney-in-fact for all of the
Owners, free and clear of the provisions contained in this
Declaration, the Map, the Articles and the By-Laws. The sales
proceeds shall he apportioned between the Owners and Fractional
Owners on the basis of each Owner's and Fractional Owner's
percentage interest in the General Common Elements, and such
apportioned proceeds shall be paid into separate accounts, each
such account representing one Condominium or Fractional Estate as
the case may be. Each such account shall be in the name of the
Association, and. shall be further identified by the Condominium
or Fractional Estate designation, and the name of the Owner or
Fractional Owner. From each separate account the Association, as
attorney-in-faci., shall use and disburse the total amount (of
each) of such accounts, without contribution from one account to
another, for the same purposes and in the same order as is
provided in Paragraph 16.3 above.
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?~Oi~ r(~ FA'uE~~~
ARTICLE XVIII
Condemnation
18.1 Consequences of Condemnation. If at any time or
times during the continuance of Condominium ownership pursuant to
this Declaration, all or any part of the Project shall be taken
or condemned by any public authority or sold or otherwise
disposed of in lieu of or in advance thereof, the provisions of
this Paragraph 18 shall apply.
18.2 Proceeds. All compensation, damages, or other
proceeds therefrom, the sum of which is hereinafter called the
"Condemnation Award", shall be payable to the Association.
18.3 Complete Taking. In the event that the entire
Project is taken or condemned, or sold or otherwise disposed of
in lieu thereof, Condominium ownership pursuant to this
Declaration shall terminate. The Condemnation Award shall be
apportioned among the Owners and Fractional Owners in proportion
to their respective undivided interests in the General Common
Elements, provided that if a standard different from the value of
the Project as a whole is employed to measure the Condemnation
Award in the negotiation, judicial decree, or otherwise, then, in
determining such share the same standard shall be employed to the
extent it is relevant and applicable. On the basis of the
principle set forth in this paragraph, the Association shall as
soon es practicable determine the share of the Condemnation Award
to which each Owner and Fractional Owner is entitled. Such shares
shall be paid into separate accounts and disbursed as soon as
practicable in the same manner provided in Paragraph 16.3 of this
Declaration.
18.9 Partial Taking. In the event that less than the
entire Project is taken, condemned or sold or otherwise disposed
of in lieu of or in avoidance thereof, the condominium ownership
hereuTider shall not terminate, each Owner or Fractional Owner
shall be entitled to a share of the Condemnation Award in the
manner set forth herein. As soon as practicable the Association
shall, reasonably and in good faith, allocate the Condemnation
Award between compensation, damages or other proceeds, and shall
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apportion the amounts so allocated to the taking of or injury to
the General Common Elements among the Owners and Fractional
Owners in proportion to their respective undivided interests in
the General Common Elements. The total amount allocated to
severance damages shall be apportioned to those Condominiums or
Fractional Estates which were not taken or condemned. The
respective amounts allocated to the taking of or injury to a
particular Condominium or Fractional Estates shall be apportioned
to the particular Condominium or Fractional Estate involved. The
amount allocated to 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, then in allocating the Condemnation
Award the Association shall employ such allocation to the extent
it is relevant and applicable. Distribution of apportioned
proceeds shall be made by checks payable jointly to the
respective Owners or Fractional Owners and their respective
Mortgagees.
18.5 Reorganization. In the event a partial taking
results in the taking of a complete Condominium, the Owners or
Fractional Owners thereof shall automatically cease to be members
of the Association, and such Owner's or Fractional Owner's
interest in the General Common Elements shall thereupon
terminate, and the Association, as attorney-in-fact for such
Owners or Fractional Owners, 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 ratios determined in
accordance with this Declaration at its inception and shall
submit such reallocation to the Owners or Fractional Owners of
remaining Condominiums for amendment of this Declaration.
ARTICLE XIX
Amendment or Revocation of Declaration
19.1 Amendment or Revocation. Any amendment which
significantly alters the Declaration shall first be approved by
~..- `.;
~O~N ~ /~ FAGE~~C)
the City in the manner provided in the Timeshare Ordinance. Prior
to the time Declarant relinquishes control of the Association,
and except as otherwise provided herein, Declarant shall have the
absolute right without limitation to amend or supplement this
Declaration or any of the provisions herein in any manner which
would not adversely affect marketability of title to a
Condominium Unit or Fractional Estate or the percentages of
interest of the respective Condominium Units or Fractional
Estates in the General Common Elements. Subsequent to the time
Declarant relinquishes control of the Association, this
Declaration may be amended or any of the provisions herein
revoked if the Owners and Fractional Owners representing an
aggregate voting interest of at least two-thirds (2/3) of the
General Common Elements and all of the holders of at least
two-thirds (2/3) of the first priority Mortgages appearing in the
Records of the Pitkin County Clerk and Recorder (based on one
vote for each first mortgagee owned or held) covering or
affecting any or all of the Condominium Units or Fractional
Estates as the case may be consent and agree to such revocation
or amendment by instruments duly recorded. The consents of any
junior Mortgages shall not be required under the provisions of
this Paragraph. Where an amendment does not involve a material
change such as the correction of a technical error resolution of
conflicting provisions or the clarification of any statement in
the Declaration and whether or not Declarant still retains
control of the Association such amendment may be made in the sole
discretion of Declarant without necessity of notice to or
approval from the City, any Owner, Fractional Owner or the holder
of any Mortgage.
ARTICLE XX
Miscellaneous
20.1 Period of Condominium Ownership. The separate
estates created by this Declaration and the Map shall continue
until this Declaration shall be revoked or until its provisions
shall terminate as provided herein.
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20.2 Compliance with Provisions of Declaration and
Articles of Incorporation and By-Laws of the Association. Each
Owner and Fractional Owner shall comply with the provisions of
this Declaration, the Articles of Incorporation and By-Laws of
the Association, and the decisions and resolutions of the
Association adopted pursuant thereto as the same may be lawfully
amended from time to time. Failure to comply with any of the same
shall be grounds for an action to recover sums due, damages or
injunctive relief or both, costs and expenses of such proceeding
and all reasonable attorney's fees. Such action shall be
maintainable by the Association on behalf of the Owners and
Fractional Owners.
20.3 Registration of Mailing Address. Each Owner or
Fractional Owner shall register his mailing address with the
Association and all notices, requests or demands intended to be
served upon any Owner or Fractional Owner except for budget
statements, notices of meetings and other routine notices, shall
be sent by either registered or certified mail, postage prepaid,
addressed in the name of the Owner or Fractional Owner at such
registered mailing address. Unless otherwise provided herein,
budget statements, notices of meetings and other routine mail may
be sent by regular mail, postage prepaid, addressed in the name
of the Owner or Fractional Owner at such registered mailing
address. All notices, requests, or demands intended to be served
upon the Association shall be given by registered or certified
mail, postage prepaid, to the address of the Association as
designated in the Articles of Incorporation or By-Lays of the
Association. All notices, requests, or demands to be served on
Mortgagees pursuant hereto shall be sent by either registered or
certified mail, postage prepaid, addressed in the name of the
Mortgagee or at such address as the Mortgagee may have furnished
to the Association in writing. Unless the Mortgagee furnished the
Association with such address, the Mortgagee shall be entitled to
receive none of the notices provided for in this Declaration. Any
notice referred to in this Paragraph shall be deemed given when
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deposited in the United States mail in the form provided for in
this Section.
20.4 Transfer of Declarant's Rights. Any rights,
privileges or interests reserved hereby to the Declarant may be
transferred or assigned by the Declarant or by the Declarant's
successors or assigns.
20.5 Severability. If any of the provisions of this
Declaration or any paragraph, sentence, clause, phrase, or word,
or the application thereof shall in any circumstances, be
invalidated, such invalidity shall not affect the validity of the
remainder of the Declaration.
20.6 Protection of Mortgagee. No violation or breach
of, or failure to comply with, any provisions of this Declaration
and no action to enforce any such provision shall affect, defeat,
render invalid or impair the lien of any Mortgagee taken in good
faith and for value and perfected by recording in the office of
the County Clerk and Recorder of Pitkin County, Colorado, prior
to the time of such violation, breach or failure to comply; nor
shall such violation, breach or failure to comply, defeat, render
invalid or impair the title acquired by any purchaser upon
foreclosure of any such Mortgage, or result in any liability,
personal or otherwise, to any such holder or purchaser. Any such
purchaser .shall, however, take subject to this Declaration except
only that violations or breaches of, or failures to comply with
any provisions of this Declaration which occurred prior to the
vesting of 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.
20.7 Limited Liability. Neither Declarant, the
Association, the Board of Directors of the Association, 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 act was in good
faith and without malice. The Association shall indesmify
Declarant, its successors and assigns, each member of the Board
.~_
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of Directors of the Association and any employee or agent of
Declarant or the Association against any loss or threat of loss
as a result of any claim or legal proceeding relating to the
performance or non-performance of any act concerning the
activities of the Association; provided, however, that with
respect to the subject matter of the claim or legal proceeding
the party against whom the claim is made or legal proceeding is
directed was not guilty of fraud, gross negligence or bad faith
in such performance or non-performance. The indemnification
herein authorized shall include payment of reasonable attorneys'
fees or other expenses incurred in settling any claim or
threatened action or incurred in any finally adjudicated legal
proceeding. This indemnification shall inure to the benefit of
the Declarant, the Association, the members of the Board of
Directors, the employees and agents of Declarant and the
Association, and their respective heirs, executors,
administrators, successors and assig:.s.
20.8 Non-waiver. The failure of Declarant, the Board of
Directors or the Managing Agent to insist in ary one or more
instances, upon the strict performance of any of the terms,
covenants, conditions, or restrictions of this Declaration, or to
exercise any right or option herein contained, or to serve any
notice or to institute any action shall not be construed as a
waiver or a relinquishment for the future, of such terms,
covenants, conditions or restrictions; but suc}~. terms, covenants,
conditions or restrictions; shall remain in fu_1 force and
effect. The receipt by the Declarant, the Board of Directors or
the Managing Agent of payment of any assessment: from an Owner or
Fractional Owner as the case may be, with know:.edge of the breach
of any covenant hereof shall not be deemed a waiver of such
breach, and no waiver by the Declarant the Boai-d of Directors or
the Managing Agent of any provision hereof sha:.l be deemed to
have been made unless expressed in writing and signed by the
Declarant, the Board of Directors or Managing i~gent.
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20.9 Statute. The provisions of this Declaration shall
be in addition and supplemental to the Act and to all other
provisions of laws at this time duly enacted and in force and
effect.
20.10 Number and Gender. Whenever used herein, unless
the context shall otherwise provide, the singular number shall
include the plural, the plural and the singular, and the use of
any gender shall include all genders.
20.11 Sales Activities of Declarant. Notwithstanding
any provision to the contrary contained herein, Declarant, its
agents, employees and contractors shall be permitted to maintain,
during the period of sale of Fractional Estates in the Project,
such portions of the Project as the Declarant may reasonably
require in connection with the sale of such Fractional Estates
including without limitation, a business or sales office, signs,
model Units and temporary parking facilities. In addition,
Declarant, its agents, employees and contractors shall have the
right to ingress and egress over the General Common Elements as
in Declarant's discretion may be reasonably necessary to sell
Fractional Estates in the Project.
20.12 Section Headings. The section headings are for
convenience of reference only, and are not intended to limit,
enlarge, change, or otherwise affect the content, meaning, or
intent of this Declaration or any section or provision hereof.
20.13 Duration of Declaration. If any provision in this
Declaration which is subject to the laws or rules sometimes
referred to as the rule against perpetuities or the rule
prohibiting unreasonable restraints or alienation such provision
shall continue and remain in full force and effect for the period
of twenty-one (21) years following the death of the survivior of
the present shareholder of Declarant or until this Declaraticn is
terminated as hereinafter provided, whichever first occurs. F.11
other provisions contained in this Declaration shall continue and
remain in full force and effect until the condominium ownersY.ip
of the Project and this Declaration is terminated or revoked as
herein provided.
,.
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20.14 Disclosure Statement. Reference is made to
Section 20-24(F)(7) of the Timeshare Ordinance requiring that the
Disclosure Statement be attached to the Declaration as an
exhibit. Said Disclosure Statement is attached to this
Declaration as Exhibit "D".
20.15 Future Improvement Districts. In the event that
any municipal improvement or improvements of any kind
contemplated in Section 20-16 of the Municipal Code of the City
of Aspen, as amended, become, in the sole judgment or discretion
of the City Council of the City of Aspen, necessary or desirable
to the area of the Project, Declarant will make no objection to
any special assessment or special tax or proceeding therefor on
the basis that the Project will not be served or benefitted by
the improvement or improvements proposed. Declarant further
agrees to join, upon demand therefor by the City, any improvement
district formed for construction of such improvements (including,
without limitation, drainage, underground utilities, paving,
planting, curbs, gutters, sidewalks, street lights, etc.) in the
area of the Project or to reimburse the City of Aspen directly
upon demand therefor if the City should choose to construct these
improvements without the formation of such a district.
THIS DECLARATION is executed on the ~Z~tL day of
1984.
SHADOW MOUNTAIN EQUITIES,
INC., a Co rado corporati
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ATTEST,
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Secretalry
AG
STATE OF Illinois 1
ss
COUNTY OFStephenso~
The foregoing Condominium Declaration was acknowledged
before me this 28th day of September , 1984, by Raymond A. Harn
as President of SHADOW MOUN'PAIN EQUITIES, INC., a Colorado
corporation.
WITNESS my hand and official seal.
My commission expires: 2/9/86
My address is:
STATE OF Illinois )
ss
COUNTY OFStephenso~
654 W. Clark St.
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The foregoing Condominium Declaration was acknowledged
before me this ZBthday of September 1984, by James G. Madden
as Secretary of SHADOW MOUN'PAIN EQUITIES, INC., a Colorado
corporation.
WITNESS my hand and official seal.
My commission expires: 2/9/86
My address is: 654 W. Clark St
Freeport. IL 61
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EXHIBIT "A"
(attached to and forma g a part of the
Fractional Estate Condominium Declaration
for Shadow Mountain Lodge At Aspen)
Lots K, L, M and N
Block 53
City and Townsite of Aspen
County cf Pitkin, State of Colorado.
SUBJECT TO AND EXCEPTING:
1. General Taxes for 1984 payable 1985.
2. Exceptions and Mineral Reservations as contained in
Patent to Aspen Townsite records for Pitkin County,
Colorado.
3. Easement described in Document No. 105544 in Book 182
at page 282 of the records for Pitkin County, Colorado.
4. Terms, conditions and obligations of Certificate of
License as set forth in instrument recorded in Book 316 at
page 262.
5. Multipurpose Easement Agreement for the purpose of
excavating, constructing, installing, maintaining,
inspecting, repairing, replacing, operating and removing
electric transformers, telephone pedestals and terminal
boxes, as granted to the City of Aspen, Mountain States
Telephone and Telegraph Company, and Micro Cable
Communications, Inc. in easement recorded September 28, 1981
in Book 415 at page 66 as Reception No. 235991, affecting
the following described real property:
The Northerly 22.00 feet of the Easterly 13.20 feet of
Lot "N", Block 53, Original Aspen Townsite, except the
Easterly 6.20 feet thereof.
EXHIBIT "B"
(attached to and~orm ng a part of the _ ~,••,-
Fractional Estate Condominium Declaration..,0~~ ~ ~~ yA6fU~3'~
for Shadow Mountain Lodge At Aspen)
UNIT NO.
1
2
3
4
5
6
7
8
9
10
11
12
13 {employee housing Unit)
14 {employee housing Unit)
PERCENTAGE OWNERSHIP
IN COMMON ELEMENTS
6.7115
6.7115
6.7115
6.7115
6.7115
12.7505
6.7115
6.7115
6.7115
6.7115
6.7115
6.7115
6.7115
6.7115
VOTING AND
ASSESSMENT
PERCENTAGE*
7.752
7.752
7.752
7.752
7.752
14.728
7.752
7.752
7.752
7.752
7.752
7.752
*Voting and Assessment Percentage. So long as the employee housing
Units are owned by the Association such Units will not pay assessments
nor vote in the affairs of the Association. Should the Association
ever cease to be the owner of the employee housing Units, then all
Un~_ts in the Project including the employee housing Units shall pay
assessments and vote in the affairs of the Association based on the
proportionate ownership of each Unit in the Common Elements.
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EXHIBIT "C"
(attached to and f- orming a part of the
Fractional Estate Condominium Declaration
for Shadow Mountain Lodge At Aspen)
*USE WEEK USE WEEK*
1 27
2 28
3 29
4 30
5 31
6 32
7 33
8 34
y 35
10 36
11 37
12 38
13 39
14 40
15 41
16 42
17 43
18 44
ly 45
20 46
21 47
22 48
23 49
24 50
25 51
26 52
Use Week means a period of exclusive possession and occupancy of
a Condominium Unit reserved to a Fractional Owner consisting of a
seven (7) day period of ownership; provided however, the right of
possession and occupancy shall not commence until 4:00 p.m. Rocky
Mountain Time on the first day of the Use Week and shall end at
10:00 a.m. Rocky Mountain Time on the last day of such week. Use
Week No. 1 begins on the first Saturday of January in any given
year and ends on the following Saturday. Use Week No. 2 begins
on the second Saturday of any given year and ends on the
following Saturday. Additional weeks are computed by going
forward from Use Week No. 1. Extra days accumulate each year and
there are occassionally years in which there will be an extra
week to be known as Week No. 53. The Fractional Owner entitled
to exclusive possession and occupancy of a Condominium Unit
during Week No. 52 shall also be entitled to exclusive possession
and occupancy of said Condominium Unit during Use Week No. 53.
RECORDING REQUESTED BY:
RECORD AND RETURN TO:
ANDREW V. HECHT, ESQ.
GARFIELD & HECHT, P.C.
60). E. Hyman Avenue
Aspen, CO 81611
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EXHIBIT "D"
(attached to and forming a part of the
Fractional Estate Condominium Declaration
for Shadow Mountain Lodge At Aspen)
DISCLOSURE STATEMENT
This Disclosure Statement is promulgated pursuant to
the requisites of Section 20-24 of the Municipal Code of the City
of Aspen (the "Ordinance").
1. (a) Developer's name and address:
Name: Shadow Mountain Equities, Inc.
Address: 232 W. Hyman Avenue
Aspen, CO 81611
Phone: 925-8207
See attached Exhibit "A" for Developer's business
experience, background, experience in timesharing, resume
references and present financial condition.
(b) The plan manager is the marketing entity.
(c) Names and addresses of the marketing entity:
Name: William H. Venner, Broker
Address: 0143 Lone Pine Road #737
Aspen, Colorado 81612
Phone: 303-925-5203
Name: Daniel S. Schweitzer
Address: 071 Bunting Court
Snowmass Village, Colorado 81615
Phone: 303-923-3292
There are no lawsuits pending or investigations
tt.at have been undertaken against either of the two above
mentioned people.
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William H. Venner will be the listing broker. Mr.
Venner has incorporated as Shadow Mountain Realty, Inc. Mr.
Venner is the president of that corporation and Mr. Schweitzer is
the vice-president.
SUMMARY OF MARKETING ENTITY'S BUSINESS EXPERIENCE
Mr. Venner began timesharing sales at The Colony in
Virginia Beach, Virginia where he gained considerable experience
in common timesharing. In the fall of 1978 he began sales at the
Snowmass Inn Resort Club. Mr. Schweitzer began sales at the
Snowmass Inn Resort Club in June of 1978. Mr. Venner and Mr.
Schweitzer have been working together for the past five years
after meeting at the Snowmass Inn. Between 1978 and 1980 the two
were among the top salesmen at the Snowmass Inn, Pitkin County's
first and only timeshare project. when this project was sold
out, they were instrumental in conceiving and laying the ground
work for the fee ownership 1/15 fractional estate concept.
Because the Aspen ordinances did not regulate or provide for any
type of timesharing, Venner and Schweitzer went to work at Timber
Run Realty in Winter Park, Colorado in 1980.
As founding and general partners at Timber Run,
Mr. Schweitzer and N,r. Venner have become experienced in all
phases of the fractional estate concept, including marketing,
sales, office administration, advertisement copy, and real estate
brokerage. In three years at Timber Run the two have personally
sold 2/3 of the 1/15 fractional estates. However, as prices
increased beyond the true real estate value of the units, Mr.
Venner and Mr. Schweitzer terminated their involvement. Messrs.
- 2 -
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Venner and Schweitzer are enthusiastic only about selling real
estate at a real value without any excessive profit to themselves
or the developer. This is consistent with the intentions of the
Applicant and developer.
Personal references include:
Leonard Lauder, President
Estee Lauder Companies
General Motors Building
New York City, NY 10021
Authur M. Fisher, President
Authur M. Fisher Associates
950 Fifth Avenue
New York City, NY 10021
Richard Voelker, President
Plaza Marketing, Inc.
Woodcreek Plaza
Crested Butte, CO 81225
C.M. Henkel, Esq.
711 Santa Monica Blvd.
Corpus Christi, Texas 78411
Others may be furnished upon request.
(d) The Shadow Mountain Lodge at Aspen (formerly known
as the Coachlight Lodge and Condominiums) at 232 West Hyman
Avenue was built in 1981 and is complete. The Lodge contains
twelve free market units, eleven of which are studio units of
apF~roximately 350 square feet of living space together with a
loft storage area and one three-bedroom unit of approximately
1,800 square feet. There are also two employee units of
approximately 300 square feet each which are deed restricted to
rental and sales price guidelines and occupancy limitations
presented from time to time by the Aspen City Council for "low
income employee housing", and an office area of approximately 250
- 3 -
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square feet. The basement is large and open with no apparent use
except for storage.
The construction is of reinforced concrete with brick
columns and wood paneling on the exterior. The sidewalks are
concrete, lighted and there is a handicap access ramp.
Amenities include freestanding wood burning fireplaces
and kitchenettes in the units. There is an outside pool with
Jacuzzi jets.
Landscaping is complete with sod, flowers, aspen trees
and sidewalks. No further upgrading is necessary because of the
adequacy of the current improvements.
(e) Fractional Estates consist of an undivided
one-fifteenth (1/15) interest in and to a Condominium Unit at the
Shadow Mountain Lodge at Aspen, according to the Condominium Map
thereof recorded
in Plat Book at Page
together with the exclusive right to possession and occupancy of
said Unit only during three (3) Use Weeks, said right to
possession and occupancy beginning at 4:00 p.m. Rocky Mountain
Time on the first day of each Use Week and ending at 10:00 a.m.
Rocky Time on the last day of each Use Week as more fully defined
and described in the Fractional Estate Condominium Declaration
for the Shadow Mountain Lodge at Aspen recorded
in Book at Page County of Pitkin, State of Colorado.
(f) The only constraint on a purchaser transferring
his fractional estate unit is that the unit cannot be subdivided
further.
- 4 -
-., 7
~~ ROON ~ / ~ PAGE ~~
(g) Each unit in the project is divided into fifteen
(15) fractional estates. A fractional estate means a time span
estate consisting of an undivided interest of not less than
one-fifteenth (1/15), as tenant-in-common, in fee simple in a
fractional unit, together with the right to possession and
occupancy of the fractional unit during the use weeks assigned to
the fractional estate in the Deed from Declarant to the
purchaser. A fractional estate includes a minimum of three (3)
use weeks per year in the owner's specific unit. A use week is a
period of exclusive possession and occupancy of a fractional
unit, computed in the manner set forth in the Declaration. The
sum of the use weeks and maintenance weeks in a fractional unit
dedicated to fractional estate ownership shall equal fifty-two
(52) weeks. The owner's r:_ghts in the fractional unit include:
use, occupancy or rental of the unit during his or her use weeks,
subject to any governmental restrictions and the Declaration for
the timeshare estate; the right to vote in the Association; and
other rights more fully described in the By-Laws of the
Association and Declaration as well as those incident to real
property ownership. Owner responsibilities include payment of
the assessments described in Article XII of the Declaration and
compliance with the provisions of the Declaration and the
Articles of Incorporation and By-Laws of Shadow Mountain Lodge
At Aspen Fractional Owner's Association.
(h) There are no liens, title defects or encumbrances
that affect the marketability of title to the units.
- 5 -
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(i) There are no pending or threatened legal actions
affecting the property of which the Applicant has knowledge.
(j) The purchaser's financial obligation will depend
on the purchase price. The purchaser will be required to deposit
at least a twenty percent (208) downpayment for purchase. If the
purchaser elects to finance the purchase he will be responsible
to pay the market rate interest, recording fees, a credit report,
and mortgagee's title insurance policy. Additionally, in
connection with the purchase the purchaser will be required to
pay the Aspen Real Estate Transfer Tax, the exchange fee if he
elects to belong to the exchange service offered and other
customary closing costs and prorations.
(k) Estimate of the dues, maintenance fees, real
property taxes, etc.:
See Exhibit "B" attached hereto and incorporated
herein by this reference.
The actual budget will be established by the
method provided for in the condominium declaration.
The management/ assessment fees will be collected
by the property manager on a semi annual basis by standard
billing procedures. The fee paid from each owner will be divided
according to the apprcpriate share that should go toward general
operation, escrow for furniture, escrow for building reserve, and
escrow for taxes.
Charges for maid service will be billed separately
by manager.
(1) Description of available Financing:
- 6
208 down payment
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138 annual percentage rate for a 5 year term
158 annual percentage rate for a 7 year term
Financing terms may change to reflect changes in the
market rate.
(m) Z'he warranties will be that title is marketable
and there are no limitations on such warranties nor on the
enforcement thereof or damages for any breach.
(n) All downpayments or earnest money; deposits will
be held in an escrow account established in accordance with
Colorado Real Estate Commission guidelines with Stewart Title of
Aspen, Inc. The deposits will not be used by the Applicant
before closing. The depository will be a bank in Aspen, Colorado
selected by Stewart Title of Aspen, Inc. The deposits will be
held in escrow until the timeshare unit closes and the unit is
available for occupancy or until the purchaser elects to have his
earnest money refunded pursuant to the Escrow Agreement attached
hereto as Exhibit "C".
(o) There are no fees or charges to be paid by the
fractional estate owners for the use of any of the facilities on
the property otter than the established fees and dues for
maintenance.
(p) The extent to which a timeshare unit may become
subject to a tai: of other lien from other owners of the same
unit.
I~ue to the separateness of the time span estate,
no timeshare owner may put a lien on the unit as a whole. He may
- 7 -
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encumber his own time span estate (fractional estate). However,
the Fractional Owners Association is responsible for paying
property taxes on and maintenance of the entire condominium unit
from the proceeds of an annual assessment. The association's
failure to pay the taxes or failure to pay for maintenance work
performed may result in a tax sale of the entire condominium
unit.
(q) All purchase contracts will include a ten (10) day
right of rescission for any purchase.
(r) Since the project is complete, the developer
intends to sell all twelve (12) units as fractional estate units.
(s) Maintenance of the timeshare units includes
painting when necessary as determined by the board of directors,
replacement of furniture and appliances as necessary, fixing of
mechanical problems in the units as necessary, and in general
upkeep of the unit in a manner expected of a high quality
condominium project. If it becomes necessary for a mechanic to
enter the unit during the use week of any fractional estate owner
for repair or replacement of any fixture or chattel, the
fractional estate owner grants an easement for that purpose. If
it is at all possible to put off upkeep, repair or replacement of
furniture o- appliances until the designated off-season weeks set
aside for t'~at purpose, it will be done. Maintenance services
for the unit are provided for in Article XI of the Declaration.
In addition to the routine maintenance services provided, a
s~inimum of seven (7) weeks per year shall be set aside as
maintenance weeks during which the Association will provide major
- 8 -
7
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maintenance, repair and replacement service to the unit. Four
(4) of these seven (7) maintenance weeks will be used exclusively
for maintenance with no rentals or other uses allowed. Of the
seven (7) maintenance weeks, a minimum of two (2) will be
designated in the fall and two (2) in the spring. Each
maintenance week will be seven (7) consecutive days.
(t) The purchaser will understand that the Colorado
Eviction Law and Procedure involves a minimum of ten (10) days
and that the purchaser's only effective remedy against another
fractional owner who overstays his use week is the liquidated
damage provision of the condominium declaration. This provision
states that any fractional estate owner who overstays his use
week will pay to the damaged party 2008 the normal rental rate
for the period he holds over. Failure to pay the fee will result
in a lien being filed against the fractional estate of the
defaulting party. Use of the fractional estate owned by the
damaging party will be denied until the lien is cured.
(u) Although Aspen has a nineteen week ski season,
fifteen of these weeks are considered prime (the very best).
Thee prime weeks are the basis of the deeded 1/15 fractional
estate.
The units are subdivided into fifteen separate
fractional estates and each purchaser is given a general warranty
deer as a tenant-in-common. The deed specifies ownership as a
1/15th undivided interest in the condominium and each purchaser
is F<ntitled to the exclusive use and enjoyment of that unit
dur?.ng three weeks each year. The selections, usually one week
- 9 -
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from each season (winter, summer/fringe ski, spring/fall) are
made at the time of contract and are delineated in the deed.
This creates an equality of ownership. The choices of weeks are
made as available on a first come basis at the time of purchase.
Each owner creates his own package by choosing one week from each
season: Prime Ski, Summer/Fringe Ski and Spring/Fall.
Choose Any One Choose Any One
Choose One
Summer/Fringe Ski S ring/Fall
P
Prim ?
14* 15
51 25 June 20 May
52 Christmas 26 21
1 January 27 July 22
2 28 23 June
3 29 24
4 30 39
5 February 31 40 October
6 32 91
7 33 42
8 39 43
9 March 35 46 November
10 36 September 47 (Thanks-
11 giving)
48
12 38 99 December
13 50*
* Exception: Purchasers of weeks 13 or 51 have first choice
regarding 14 and 50 respectively.
1985 USE WEEK CALEN DAR
Week No. Date
Week No. Date
5 27 July 6
1 January 28 Ju).y 13
2 January 12 29 Ju'.y 20
3 January 19 30 Ju].y 27
q January 26 31 August 3
5 February 2 32 August 10
6 February 9 33 August 17
7 February 16 34 Auc{ust 29
g February 23 35 August 31
g March 2 36 September 7
10 March 9 37 September 14
11 March 16
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12 March 23 38 September 21
13 March 30 39 September 28
14 April 6 40 October 5
15 April 13 91 October 12
16 April 20 42 October 19
17 April 27 43 October 26
lg May 4 44 November 2
19 May 11 45 November 9
2p May 18 46 November 16
21 May 25 47 November 23
22 June 1 48 November 30
23 June 8 49 December 7
24 June 15 50 December 14
25 June 22 51 December 21
26 June 29 52 December 28
25 YEAR USE NTEEK CALENDAR
See Exhibit "D" which is attached hereto and
incorporated herein by this reference.
Skiing opens on Aspen Mountain on Thanksgiving
each year or as soon thereafter as the snow and weather is
adequate. If the project is sold as described above, the off
season will be sold along with the high season.
(v) All units in the project will be available for the
exchange program at the fractional owners discretion.
(w) There are no unusual or material circumstances,
features and characteristics of the property that would present a
problem for condominium ownership.
(x) The Fractional Owners Association will carry
insurance for fire, damage, theft and liability on the property
in amounts adequate to satisfy local and state requirements.
(y) The amenities on site for recreational facilities
which are available to the fractional owners and their guests are
a swimming pool with jaccuzzi jets. All the amenities and the
employee units will be owned by the homeowners association.
- 11 -
~` poop ~yjJ ~ac~~ i
(z) All units in the project have kitchenettes except
the three bedroom unit, which has a full kitchen.
(aa) The eleven (11) studio units are permitted to
house two (2) occupants at a time. The three (3) bedroom unit
has an occupancy limit of eight (8). Any greater occupancy will
be prohibited by the Fractional Estate Declaration.
(bb) The managing agent shall be the owners' designated
agent for service of process and legal notices to satisfy
Colorado Statutes, Rules of Civil Procedure and applicable
governmental regulations pertaining to legal notices relating to
the timeshare interest.
(cc) All fractional estate interests shall be subject
to all requirements in the disclosure statement filed of record
with Pitkin County Clerk and Recorder.
2(a) and (b) See Architect's letter of August 9, 1983
attached hereto as Exhibit "E".
2(c) There are no outstanding notices of uncured
violations of building code or other municipal regulations.
- 12 -
~, voo~ ~~15 ,~~.~~
SHADOW MOUNTAIN EQUITIES, INC.
ATTEST:
~~~: ~C << ~.~ ~~~ ~~~ ~, 1.1
ss.
COUNTY OF ,O~,r,/'
The foregoing document was acknowledged to before me
this .~~.oC day of ,~. , 1984 by Shadow Mountain
Equine- s, Inc. by ,>,.~~_ G• ~~ its ~'~,r~u~_,,,E
and by ,: its secretary.
WITNESS my hand and official seal.
My commission expires: a~~~6G
~7.
Notar Public
Add e s s : ~S'~ ~ ~E-~-~" ~ .
.--~!~~
-13-
~~
~.,,~~~ ~~"15 Fa~~~~
EXHIBIT "A"
DEVELOPER'S BUSINESS EXPERIENCE, BACKGROUND,
EXPERIENCE IN TIMESHARING, RESUME REFERENCES,
AND PRESENT FINANCIAL CONDITION.
Name: Sole Shareholder-Raymond A. (Bud) Harn
Resident Address: 1755 Woodside Kort
Freeport, Illinois 61032
Business Address: Cheeseman Construction Co.
P.O. Box 128
1840 S. Walnut Street
Freeport, Illinois 61032
Age: 47 years
Born: March 23, 1936
Canton, Illinois
Occupation: Owner/Corporate President
Cheeseman Construction Co.
1968 thru present
Former Occupation: Owner
Harn Construction Co.
Polo, Illinois
1962 thru 1968
Former Occupation: General Superintendent
H.E. Johnson Construction
Canton, Illinois
1953 thru 1962
Family: Wife: Jean
Three Sons: Kevin 20, Michael 22,
Alan 24
Financial
Reference: First National Bank
Freeport, Illinois
Contact: H. L. Fenton
Polo National Bank
Polo, Illinois
Contact: Arlin Higgs
EXHIBIT "B"
C7K •< m cnan cn ~ cn Hmn`•7-. Hna a
wT
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~ ~'' 4' W d N 8 a d N d N r e hl a• P 7 b b
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STEH'ART TITLE
G" !~S~EN ,NC
6'J7E HYMAN • A57E N. COLORAD08~6t7
ESCRO?S AGREEP:EhT
EXHIBIT "C"
'"~
t~
~o~~ X75 Fac.c`~'J"1
This Escrow Agreement is between Stewart Title of
Aspen, Inc. 1"Stewart Title"j and Shadow Dountain Equities, Inc.
Reference is made to the Shadow Mountain Lodge At Aspen Purchase
Agreement and Escrow Instructions ("Purchase Agreement") for the
sale of Fractional Estates li.e. time-span estates).
For good and valuable considerations, Stewart Title
hereby agrees to act as "Escrow" under the Purchase Agreement.
As Escrow the duties of Stewart Title shall be limited
as follows:
1. To hold earnest money deposits and at closing
collect the balance of the purchase price as provided in the
Purchase Agreement.
2. Upon payment of applicable premiums, to provide
owner's title insurance and where required mortgagee insurance in
accordance with Stewart Title's approved form of commitments and
policies for the subject property.
3. Not to close on any Fractional Estate unless and
until there is a Certificate of Occupancy for the particular Unit
and all prior liens or encumi;erances have been relessed or
discharged.
4. That any other conditions of the Purchase
Agreement, brought to the attention of Stewart Title, will be
satisfied prior to closing.
5. Stewart Title shall not be liable for any act it
may do or omit to do hereunder while acting in good faith and in
the exercise of its own best judgement. Stewart Title shall not
be liable for the sufficienc5•, correctness or validity of any
instruments deposited hereunder.
IN h'ITNESS h'HEREOF, the part
Escrow Agreement this 7,~'n1_ day of
SHADOh' MOUNTAIN EQUIT3ES, INS'. STE
~ ~
Y~
s have signed this
~~,...c~ ,2.984.
IN~.
`" EXHIBIT "D"
eooa ~ ~~ Facr~J~
TWENTY-FIVE YEAR
TIME SHARING
VACATION
CALENDAR
SATURDAY TO SATURDAY
>~
~on~ 475 Fa~.~S~S
Ci..ENDAR YEAR
ara5ar lrrror
3 • Jan. 10
Jan
Jan. 2 • hn. 9 f
J.n. 1 • Jan. a
J.n. 7 -Jan. 14
14 - J.n. zt
Jan
J.n. 5 • J.n. 1z
Jan. 12 - J.n. 19
.
t
2 Jan. 10 -ran. 17 Jan. 9 • Jan. 16 4 J.n. e • Jan. is .
~ ~
22 • Jan. 29
Jan Jan. 28 • FeD. Jai. 26 • FtD.
4 Jan. 24 - Ln. 3t Jan. 23 • Jan. 30 .
97 • FeD. 7
Jan Jan. 30 - FeD. 6 Jsn. 29 - Feb. 5 FeD. 4 • FeD. 1 /
11 •FeD. 18
FeD FLD. 2 -Feb. 9
Feb. 9 -Feb. 16
.
g
6 FeD 7 •FeD 14 FeD. 6 •FeD. 13 FcD. S -FeD. 12
19
t2 • feD
D
F .
~ 3
7 Feb. 14 - faD. 21 FeD. 13 - feD. 20
20 - Fsb. 27 ~
FeD .
.
e
FeD. 19 - FaD. 26 Feb. ZS • Mar. FaD. 23 -Mar. 2
FeD. 21 • hb. 2B .
28 - Mar. 7
p FeD
FeD. 27 • Mar. 6
FeD. Z6 • Mar. 5 Mar. 3 • Mar. 10
t0 • Mar. 17
Mar Mar. 2 -Mar. 9
Mar. 9 • Mar. 76
.
10 Mar. 7 • Mar. 14 Mar. 6 • Mat. 13 Mar. S -Mar. 12
19
12 • Mar
r
M .
Msr. 17 • Mar. 24
4f1pr. 16 • Mar. j3
17 Mar. 14 • Mar. 21 Mar. 13 -Mar. 20 .
.
a
19 • Mar. 26
Mar
Mar. 24 • Mar. 31
Mar. 23 • Mar. ~
12 Mar. 21 -Mar. 26 Mar. 20 -Mar. 27 ~ .
2B - Apr. 4
13 Mer Mar. 27 - Apr. 3 Mar. 26 • Apr. 2 Maf. ~ 1 • AD l~
~ ADr. 6 • AD r13
.
14 Apr. 4 • Apr. 11 ADr. 3 •ADr. 10
7 ADr. 2 - ADr. 9
9 -Apr. 16
r
A r 14 Apr. 21
AP - Apr. 13 -Apr. 20
15 ADr. 11 • Apr. 16 Apr. 10 -ADr. 1
17 • Apr. 24 -
Apr .
p
Apr. 16 -Apr. 23 Apr. 21 -Apr. 28 ADr. 20 'ADr- 27
16 Apr. 1B -Apr. 25 .
17 ADr. 25 • MaY 2 ADr. 24 -May 1
8 ADr. 23 • ADc ~
3a - MaY 7
r
A ADr ~ - M4Y 5
May S - MaY 12 ADc 27 • May 4
stay 4 • MaY 11
1B May 2 • May 9
16 MaY 1 • May
MaY 6 • May 15 .
p
MaY 7 • May 14 MaY 12 • MaY 19 stay 11 • May 18
/8 • May 25
Ma
19 May 9 - MaY
2p MaY /6 • May 23 MaY 15 • May 22 MaY 11 • May 21 May 19 • May 26 Y
2t May 23 • May 30
MaY 22 -May 29
Msy 2t • MaY 26
4
M+Y 26 • Junt 2
June 2 -June 9
May 25 • June t
June 1 • June
22 MaY ~ • June 6 MaY 29 -June 5 MaY 28 -June
ne 4 -June 11
J June 9 • June 16 1
1
,
23 June 6 • June t3 June S • June 12
ne 12 -June 19
J u
June 1t • June 18
Jura 16 -June 23 22
Ju
June
5
24 June 13 -June 20 u
25 June 20 • June 27 ly 26
a
J ly ~ June 70 • July 7 0 June 29 -July 6
26 June 27 -July 4 26 -Ju
u
10
l June 25 • Ju
July 2 -July 9
July 7 • July 14
July 6 -July 1
27 Juty 4 • July 11 y
July 3 • Ju
t7
l 9 • July 16
Jul July 14 • Juty 2t July 13 • July 20
28 July 11 -July 16 y
July 10 -Ju y
2g July 18 -July 25 July 17 -July 24
t July 16 -July 23 July 21 • July 28
6 July 20 • July 27
7
t
3p July 25 •Aup_ 1
31 Aup. t -Aup. 8 July 31 •Aup. 7 July 30 - Aop. 6 - Aup 71
Aup. 4
11-AUp. 18
Au • Aup. 10
Av
p. 3
Aup. IO•Aup.l
32 Aup.B-Au9~15 Au9~7-Aup. t4 Aup.6-Aup. 13 p.
33 Aup. t5 -Aup. 22 Aup. tt -Aup. 21 Aup. 13 •Aup. 20
7 Aup. /B •Aup. 25
1 Avp. 17 -Aup. 24
t
34 Aug. 22•Aup. 29 48
S
A p -SeD. 3
Aug SeD. 15 SeDP8 Aup. 31•Sep. 7
35 Aup. 29 -SeP. 5 eD.
up. 28•
11 .
3 -SeP. 10
SeD
SeP. 8 •SeD. t5
SeD 7 • P-
36 SeD. 5 •SeD. 12 SeP. 4 . SeD. .
37 SeD~12-SeP~t9 SeD~lt-SeD~tB SeD~10•SeD./7
4 SeP~15•SeD~22
22 - SeD 29
SeD SeP~t4•SeD~2t
SeD. 21 - SeD 28
3g SeD 79 - SeD 26 SeD. 1B • Se0. 25 Sep_ 17 - SeD 2
24 - Oct. 1
SeD _
SeD. 29 -Oct. 6 SeD. 28 -Oct. 5
3g Sep. 26.Oct. 3 SeD. 25 - Oct. 2 .
B
1 •Oct
Oct Oct. 6 -Oct. t3 Oct. 5 -Oct. 12
40 Oct. 3 -Oct. 10 at. z - at. 9 .
.
10.Oct. 17
41 Oct Ott. 9.Oct. 16 Ott. B • Oct. 15 Oct. 13.Oct. ZD
27
20 -Oct
Oct Ott. 12 -Ott. 19
Oct. 19 -Oct. 26
.
42 Ott. 17 -Ott. 24 Oct. 16 •Oct. 23 Ocl. 15 -Oct. 22
9 .
.
7 v
~
43 Oct. 24 -Oct. 31 3D - Nov. 6
Oct Ott. 29 -Nov. 5 - Novy 10
Nov. 3 - Nov
9
Nov.
44 Oct. 3t • Nor. 7 .
IS Nov. 7 • Nov. t4 Nov. 6 -Nov. 13 Nov. S -Nov. t2
19
12 • Nov
Nov Nov. 10 -Nov. 17
Nov. 17 • Nov. 24 Nov. 9 -Nor. 16
Nov. 16 -Nov. 23
46 Nov. 74 -Nov. 21 Nov. 13 -Nov. 20
29 Nov. 20 • Nov. 27
27 -Nov
N .
.
Nov. 19 -Nov. 26 Nov. 24 - Dec. 1
8 30 -Dec. 70
Nov
47
46 .
ov.
Nov. 28 • Dec. 5 Nov. 27 - Dec. 4 Nov. 26 • Dec. 3 Dec. 1 -Dec. .
49 Dec. 5 -Dec. 12 Dec. 4 -Dec. tt Dec. 3 -Dec. 10
17
10 -Dec
Dec Dec. 8 • Dec. 15
Dec. 15 • Dec. 22 Dec. 7 • Dec. 14
Dec. 14 -Dec. 21
5p Dec. t2 - Det. t9 Dec. 11 - Dec. If
25
18 -Dec
D .
.
Dec. 77 • Dec. 2a Dec. 22 • Dec. 29 Dec. 21 • Dec. 2B
4
51 Dec. 19 -Dec. 2 6 .
ec.
25 - Jan. t
Dec t
J Dec. 29 • Jan. 5 Dec. 2B • Jan.
52 Dec. 26 • Jen. 2 . an. 7
Dec. 3t -
53
.~
1
2
3
5
6
7
8
9
10
11
12
13
11
15
16
17
18
19
20
27
22
23
21
2s
26
27
29
29
30
31
32
33
3•
35
36
37
39
10
n
Iz
43
44
15
16
17
IB
Ian. 1 •Jan. 11
Ian. 11 •Jan. 18
Un. 1B •Jan. 25
lan. 25 -Feb. 1
Feb. 1 -FeD. B
FeD. 9 -FeD. is
Feb. 15 • FsD. 22
FeD. 22 -Mar. 1
Mar. 1 -Mar. 8
Mar. 8 -Mar. 15
Mar. 15 -Mar. 2?
Mar. 22 • Mar. 29
Mar. 29 •ADr. S
Apr. s -ADr. 12
Apr. 12 • Apr. 19
Apr. 19 -Apr. 26
Ln. 3 •Jan. 10
Jen. 10•Jan. l7
Jan. 17•Jan. 21
Jan. 21-Jan. 31
.bn. 31•FeD.7
FeD. 7 •FeD. 11
FeD. // -FeD. 21
FeD. 21-FeD. 2B
Feb. 28 • Mar. 7
Mar. 7 - Mar. 1/
Mar. 11 • Mar. 2t
Mar. 21 • Mar. 28
Mar. 28 - Apr.1
Apr. 1 •ADr. 11
Apr. /1 •ADr. 18
Apr. 18 • APr. 25
Apr. 25 • May 2
May2•May9
May 9 • May 16
May 16 • May 23
May 23 -May 30
May 30 -June 6
June 6 -June 13
June 13 • June 20
CALENDAR tEAR
Jan.2•Jan.9
Jan. 9 -Jan. t6
Jan. 16•Jan. 23
Jan. 23 •Jan. 30
Jan. 30-FeD.6
FeD. 6 -FeD. 13
Ftb. 13 • FtD. 20
FeD. 20 -Feb. 27
Feb. 27 • Mar. S
Mar. S • Mar. 12
Mar. 12 -Mar. 19
Mar. 19 • Mar. 26
Mar. 2a -Apr. 2
Apr. 2 -Apr. 9
Apr. 9 -Apr. 16
Apr. 16 • Apr. 23
Apr. 23 -Apr. 30
Apr. 30 -May 7
Msy 7 • May 11
May 11 • May 21
~Q9~1 ~ ~~ FA6E~~~
Jan. 6 •Jan. 13
Jan. 13 •Jan. 20
Jan. 20-Jan. 27
Jan. 27•FeD.3
Feb. 3 • Feb. 10
FeD. 10 • feD. 17
FeD. 17•FeD. 21
FeD. 21 • Mar. 3
-Mac 3 • Mar. 10
• Mar, 10 • Mar~'H
Mar. 17 • Mar. 21
Mar. 21 • Mar. 31
Mar. 31 • Apr. 7
Apr. 7 • Apr, U
Apr. // -Apr. 21
Apr. 21 -Apr. 26
Apr. ZB • May s
May 5 -May 12
May 12 • May 19
MaY 19 • May 26
May 26 -June 2
June 2 • June 9
June 9 • June 16
June 16 -June ?3
June 23 • June 30
June 30 • July 7
July 7 • July 11
July 11 • July 21
July 21 • July 28
July 28 -Aup. 1
~~ Aup.1 •Aup. 11
Avp. It-Aup. tB
Aup. 18 -Aup. 25
Aup. 25•SeP.1
Sept-SeD.B
Sep.B-SeD. 15
Sev. is - sep. zz
Sep. 22•SeD. 29
SeD. 29.Oct. 6
Ott. 6 •Oct. 13
Oct. 13.Oct. 20
oct. 20 - at. z7
Oct. 27 • Nor. 3
Nov. 3 -Nov. 10
Nov. 10 -Nor. 17
Nov. 17 -Nov. 2/
Nov. 21-Oe[.1
Dec.t-Dec.B
Dec. B -Dec. 15
Dec. 15 • Dec. zz
Oec. 22 -Dec 29
Dec. 29•Jan.S
Apr. 26 • May 3
May 3 • May /0
May 10 • May 17
May 17 • May 2/
May 21•May 31
May 31 • June 7
June 7 • June 11
June t1 • June 2t
June 21 • June 2a
June 2B • July s
July 5 • July 12
July 12 -July 19
July t9 -July 26
July 26 -Aup. 2
Aup.2-Aup.9
Aug 9 -Aup. 16
Aup. 16 •Aup. 23
Aup. 23•AUD. 30
Aup. 30 -Sep. 6
Sep.6•Sep. 13
Se0. 13-SeD. 20
Se D. 20-SeD. 27
SeD. 27 - Od.1
Oct. / - OCI. 11
at.1 t - oa.1e
ott.la - ou. 2s
O[I. 25 -Nov. 1
~I Nov. 1 -Nov. 8
Nov. 6 - NDV. 15
Nov. 15 -Nov. 22
Nov. 22 -Nov. T9
Nov. 29 -Dec. 6
June 20 -June 27
June 27 • July /
July / -July 11
July 11 -July 18
July 18 -July 25
July 25 •Aup. 1
Aup.1-Aup.B
Aup. 6 -Aup. 15
Aup. 15- Au9~22
Aup. 22 •Aup. 29
Aup. 29 -SeD. 5
Sep. s - SeD 12
SeD./2-SeD~19
Sep. 19 -SeD. 26
SeD. 26 -Oct. 3
Oct. 3.Oct. 70
Oct. t0.Oct. 17
Oct. t7 -Oct. 2/
Oct. 21 - Oct. 3t
Oct. 37 • Nov. 7
Nov. 7 -Nov. 1a
Nov. 11 - Nov. 2t
Nov. 2t • Nov. 26
Nov. 26 -Dec. S
/9 Dec. 6 -Dec. 13 Dec. S -Dec. 12
SO Dec. 13 -Dec. 20 Dec. 12 • Dec. 19
St Dec. 20 -Dec. 27 Dec. 19 -Dec. 26
52 Dec. 27 - Jan. 3 Dec. 26 -Jan. 2
s3
May 21 • May 26
May 26 • June /
June /-June 11
June it • June 18
June 18 • June 25
June 25 -July 2
Juty 2 • July 9
hty 9 - Juty 16
July 16 -July 23
July 23 • July 30
July 30 -Aup. 6
Aup. 6 -Aup. 13
Avp. 13-AUp. 20
Aup. 20•AUp. 27
Aup. 27 - SeD 3
SeD~3•SeD~t0
I SeD~10•SeD. 17
Sep. t7 . SeD. 2/
SeD. 21.Oct. 1
Oct. 1 •Oct. 8
Oct. B • Oct. 15
oct. s-at. z2
Oct. 22 -Ott. 29
DCt. 29 -Nov. 5
Nov. S • Nov. 12
Nor. 12 -Nov. 19
Nov. 19 -Nov. 26
Nov. 26 -Dec. 3
Dec. 3 • Dec. tU
Dec. 10 • Dec. 17
Dec. 17-Oec. 21
Dec. 21-Dec. 31
Dec. 31-Jan.7
Jan. 7 • hn. U
Jan. 11 •Jan. 21
Jan. 2t • La 2B
Jan. 28•Feb.1
Fe0.1•FeD. 11
feb. 11•Feb. 1B
Feb. to •FeD. 25
FeD. 25 - Msr. 1
Mar. / • Mar. 11
Mar. 11 • Mar. 16
Mar. 18 • Msr. 25
Mar. 25 • Apr. 1
Apr. t -Apr. B
Apr. B •ADr. 15
Apr. 15 • Apr. Z2
Apr. 22 •ADr. 29
Apr. 29 • MaY 6
May6•May 13
Msy 13 -May 2D
May 20 -May 27
May 27 • June 3
June 3 • June 10
June 10-June 17
June 17 • June 21
June 21 -July t
July 1 • July 8
July 8 • July 15
July 15 • July 22
July 22 -July 29
July 29 •Aup. 5
Aup. S -Aup. 12
Aup. 12• Aup. /9
Aup. 19 -Aup. 26
Aup. 26-SeD~2
SeD 2 -Sep. 9
SeD. 9 -SeD. /6
SeD. 16 •SeD. 23
SeP. 23-Se0. 30
SeD. 30. Oct. 7
Oct. 7.Oct. u
Oct. 11 -Oct. 21
oct. 21 - oa. za
Oct. 26 -Nov. 1
Nov. 1 -Nov. 11
Nov. 11 -Nov. 16
Nov. 16 • Nov. 25
Nov. 25 • Dec. 2
Dec. 2 • Dec. 9
Dec. 9 • Dec. /6
Dec. 16 -Dec. 23
Dec. 23 • Dec. 30
'Dec. 30-Jan.6
.-
~. ~ ~oo~ ~ ~~ ra~:~JJ
CALENDAR YEAR
1
2
9
5
6
7
B
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2B
29
30
31
33
34
35
36
37
38
39
40
41
42
t3
14
45
t6
47
4B
49
50
St
52
53
Jan.S•Jan. 12
Jan. 12 •Jen. t9
Ln. 19 • Jm. 26
Jan. 26 -FeD. 2
FeD.2•FeD.9
FeD. 9 -FeD. /6
FeD. 16•FeD. 23
FeD. 23 -Mar. 2
Mar. 2 • Mar. 9
Mar. 9 • Mar. 16
Mar. 16 -Mar. 23
Mar. 23 • Mar. 30
Mar. 30 -Apr. 6
Apr. 6 • Apr. 13
Apr. 13 • Apr. 20
Apr. ZO -Apr. 27
Apr. 27 -May 4
May 4 -May 71
May 11 • May 18
May 18 -May 25
May 25 • June 1
June 1 • June 8
June 8 • June 15
June 15 -June 22
June 22 • June 29
June 29 • July 6
July 6 • July 13
July 13 • July 20
July 2D • Ju!y 27
July 27 •Aup. 3
Aup. 3 -Aup. 1C
Aup. 10 -Aug. 17
Aup. 17 - Aug ~ 24
Aup. 2d-Aup. 31
Aup. 31-SeD~7
SeD.7 •SeD. 1t
SeD. td -Sep. 21
SeD~27•SeD~28
Sep. 28 -Oct. 5
oct. s - oct. 12
Ott. 12.Oc1. 19
Oct. 19 -Oct. 26
Ott. 26 • Nov. 2
Nov. 2 -Nov. 9
Nov. 9 -Nov. 16
Nov. 16 -Nov. 23
Nov. 23 -Nov. 30
Nov. 30 -Dec. 7
Dec. 7 -Dec. 14
Dec. 14-Dec. 21
Dec. 2t-Dec. 2B
Dec. 28-Jana
Jan, t • Jan. 11
Jan. 11 • Ln. 18
Jan. 18-Jan. 25
Jan. 25 • FeC.
FeD. t -Fed 8
FeD.B-FeD. 15
FeD. 15 •FeD. 22
Feb. 22•FeD. 2B
FeD. 29 -Mar. 7
Mar. 7 - Mar. ld
Mar. la -Mar. 27
Mar. 21 • Mar. 28
Mar. 28 •ADr. 4
Apr. 4 -Apr. 11
Apr. t1 • Apr. 19
Apr. 18 •ADr. 25
ADr. 25 • May 2
MaY 2 • May 9
May 9 -May 1[
May 16 -May 23
May 23 • May 30
MaY ~ -June 6
June 6 • June .3
June 17 -June 20
June 20 -June 27
June 27 -July 4
July t • July 1'
July 11 -July :8
July /8 -July 25
July 25 •Aup. 1
Aup. 1 -Aup. E
Aup.B-Aup. 15
Aup. 15 -Aup. 22
Aup. 22•Aup. 29
Aup~29-Sep.S
SeP~5-Se D. 12
SeD. 12 •SeD. 19
Sep. 19 - Seo. 26
SeD. 26 - Ocl. 3
at. 3 • orJ. v
I Oct. 10.Oci. 17
at. n • otl. 24
at. 24 - ott. 31
Oct. 3t -Nov. 7
I Nov. 7 -Nov. tt
Nov. U -Nov. 21
Nov. 21 • Nov 28
Nov. 2B -Dec S
pec. S • Dec. t2
Dec. 12 -Dec l9
Dec. 19- De- 26
Dec. 26 -Jan. 2
Ian. 2 • Jan. 9
Ian. 9 • Jan. 16
lan. 16 • Jan. 23
lan. 23•Jan. 30
Jan. 30 •FeD. 6
FeD. 6 -FeD. 13
Feb. 13-FeD. 20
FeD. 20 -FeD. 27
FeD. 27 -Mar. 6
Mar. 6 • Mar. 73
Mar. 13 -Mar. 20
Mar. 20 - Mar. 27
Mar. 27 -Apr. 3
Apr. 9 -Apr. 10
Apr. 10 -Apr. 17
Apr. 17 -Apr. 21
Apr. 24 • May 1
Mayl•MayB
MayB•May 15
MaY 15 -May Z?
May 22 • May 29
May 29 • June 5
June S • June 12
June 12 • June 19
June 19 • June 26
June 26 -July 3
July 3 • Juty /0
July 10 -July 17
July 17 • July 24
July 24 • July 31
July 31 •Aup. 7
Aup. 7 •Aup. 11
Aup. 14 -Aup. 21
Aup. 21-Aup. 28
Aup. 28-Sep.4
Sep.4-SeD~11
Sep. 11 -Sep. 18
SeD. 18-SeD. 25
SeD. 25.Oct. 2
at. z - on. 9
Ott. 9 -Ott. t6
Oct. 16.Oct. 23
at. z3 - at. 3p
Dtl. 30 -Nov. 6
I Nov.6-Nov. 13
Nov. 13 -Nov. 20
Nov. 2D - Nov. 27
Nor. 27 -Dec. 4
Dec. 4 - Dec. t t
Dec 17 -Dec. /8
Dec. 18 -Dec. 25
1 Dec. 25•Jan.l
Jan. t -Jan. 8
Ln. 8 • Jan. IS
Jan. 15 - Ln. 22
Jan. 22•Jan. 29
Jan. 29•FeD.S
FeD.S•Feb. 12
FeD. 12-FeD. 19
F.D. 19•FeD. 26
FeD. 26 • Mar. S
Mar. S • Mar. 12
Mar. 12 -Mar. 19
Mar. 19 -Mar. 26
Mar. 26 -Apr. 2
ADr. 2 •ADr. 9
Apr. 9 • Apr. 16
Apr. 16 •ADr. 23
ADr. 23 - APr. 30
Apr. 30 • May 7
May 7 • May 14
May 14 • MaY 21
May 21 • May 28
MaY 2B -June a
June 1 • June 11
June 11 -June 18
June 1B • June zs
June 25 • July 2
July 2 • July 9
July 9 -July 16
July 16 • July 23
July 23 • July 30
July 30 -Aup. 6
AuD. 6 -Aup. 13
Aup. 13 •Aup. 20
Aup. 20 -Aup. 27
Aup. 27 - SeP. 3
SeD. 3 •SeD. 10
SeD. 10 • SeP. 17
SeD. 17 -SeD. 24
SeD. 24.Oct. t
oa.1 • ou. fl
Oct. 8.Oct. t5
Ocl. 15.Oct. 22
Oct. 22 •Oct. 29
Oct. 29 -Nov. S
Nov. S -Nov. 12
Nov. 12 • Nov. 19
Nov. 19 • Nov. 26
Nov. 26 -Dec. 3
Dec. 3 -Dec. /0
Dec. 10 • Dec. 17
Dec. 17 • Dec. 24
Dec. 2a • Det. 31
Dec. 31•Jan.7
an. 7 • Jan. 14
an. 14•Jan. 21
an. 2t•Jan. 28
ian. 2B •FeD. 4
~eD. 4 •FeD. 11
reD. 11-FeD. 1B
=eD. 18 •FeD. 25
~e0. 25 • Mar. a
Mar. 4 • Mar. 11
Mar. 11 • Mac IB
Mar. 18 • Ma+. 25
JJaf. 25 -Apr 1
Apr. 1 •ADr. 8
Apr. 8 •ADr. 15
Apr. 15 •ADr. 22
Apr. Z2 • Apr. 29
Apr. 29 -May 6
May 6 -May 13
May 13 • May 20
May 20 -May 27
May 27 -June 3
June 3 -June 10
June 10-June 17
JYne 17 -June 24
June 24 -July 1
July 1 • July 8
July 8 • July 15
July 15 -July 22
Juty 22 -July 29
Juty 29 • Auq. 5
Aup.S-AUp. 12
Aup. 12 -Aup. 19
Aup. 19 -Aug. 26
Aup. 26•Sep.2
SeD~2•SeD.9
SeD. 9 •SeD. 16
SeD. 16 •SeD. 23
SeD. 23-SeD. >D
Sep. 30.Od. 7
ott. 7 • at.1.
oa. l4 . at. 27
Oct. 21.Oct. 28
Ocl. 2B • Nov. 4
Nov. 4 -Nov. 11
Nov. It • Nov. 7B
Nov. 1B -Nor. 25
Nov. 25 -Dec 2
Dec. 2 -Dec. 9
Dec.9-Dec. 16
Dec. 16 -Dec. T3
Dec. 23•Dec. 30
Dec. 30 -Jan 6
~ ~~
~.. ~_,.+
eoox ~ 15 ~ac.~5ii
CALENDAR YEAR
Unll
Weak
Number
19%
1997
199!
1999
1000
1 Jan.6•Jan. 13 .lan.a•Jan. It Jan.3• Ln. 10 Jan.2-Jan.9 Jan.t-Jan.B
2 Jan. t3-Jan. 20 Jan.lt•Jan. /B Jan. tD-Jan. 17 hn.9-Jan. 16 Jan.B•Jan. 15
3 Jan. 20 • Jan. 27 Jan. 18 • Jan. 25 Jan. 17 - Jan. 2a Jan. 16 -Jan. 23 hn. 15 • Ln. 22
4 Jan. 27-FeD.3 Jan. 25-FeD.I Jan. 24-Jan. 37 Jan. 23-Jan. >0 Jan. 22•Jan. 29
S FeD.9•Feb. 10 FeD.t-Feb.B Jan. 31-FeD.7 Jan. 30•Feb.6 Jan. 29-Feb.S
6 FeD. 10•FeD. 17 r-eb.B-FeD. tS FeD.7-feb. to FeD.6-Feb. 13 Feb.S•FeD. l2
7 FeD. 17 -FeD. 24 Feb. t5 •FeD. 22 feD. 14 • Feb. 21 FeD. 13 •FeD. 20 FeD. t2 -FeD. 1B
~
B FeD. 24 - Mar. 2 FeD. 22 • Mar. 7 FeD. 21 • Feb. 28 Feb. 20 •feD. 27 FeD. 19 -'FeD. 26
I
9 Mar. 2 - Mar. 9 Mar. 1 • Mar. B FeD. 2B - Mar. 7 FeD. 27 • Mar. 6 FeD. 26 - Mar. a '
10 Mar.9 • Mar. 16 Mar. B • Mar. 15 Mar. 7 • Mar. /4 Mar. 8 • Mar. 13 Mar. a • Mar. 11
11 Mar. 16 • Mar. 23 Mar. 15 -Mar. 22 Mar. la - Mar. 27 Mar. 13 -Mar. 20 Mar. 11 • Mar. 18
12 Mar. 23 -Mar. 30 Mar. 22 • Mar. 29 Mar. 21 • Mar. 28 Mar. 20 • Mar. 27 Mar. 1B • Mar. 25
13 Mar. 30 • Apr. 6 Mar. 29 - ADr. 5 Mar. 2B - Apr. 4 Mar. 27 - Apr. 3 Mar. 25 • Apr. 7
to Apr. 6 -Apr. /3 Apr. 5 •ADr. 12 Apr. a •ADr. 1l ADr. 3 -Apr. 10 Apr. 1 -Apr. 8
15 Apr. 13 -ADr. 20 Apr. 12 •ADr. 19 Apr. 11 -Apr. 1B ADr. 10 •ADr. 17 Apr. 8 • Apr. 15
16 Apr. 20 -Apr. 27 Apr. 19 -Apr. 26 Apr. 18 -Apr. 25 Apr. 17 • Apr. 24 Apr. 1S • Apr. 22
17 Apr. 27 • MaY a Apr. 26 -May 3 Apr. 25 • May 2 ADr. 24 - MaY 1 Apr. 22 -Apr. 29
18 Maya•May 11 Maya-May 10 May2-Mey9 May1•MayB Apr. 29-May6 '
19 May 1/ • May 18 May 10 • May 17 May 9 -May 16 May B • May 1S May 6 • May 13
20 May 18 -May 25 May 17 -May 24 May 16 -May 23 May 15 -May 22 May 13 • May 20
27 May 25 • June 1 May 24 -May 37 May 23 -May 30 May 22 • May 29 May 20 • May 27
22 June 1 • June 8 May 31 • June 7 May 30 • June 6 May 29 • June 5 May 27 • June 3
23 June B • June 15 June 7 -June l4 June 6 • June 73 June 5 • June 12 June 3 • June 10
24 June 15 • June 22 June t4 -June 27 June 13 • June 20 June 12 • June 79 June 10 • June 17
25 June 22 -June 29 June 2t • June 28 June 20 • June 27 June 19 -June 26 June 17 -June 2a
26 June 29 - Juiy 6 June 28 -July 5 June 27 • July 4 June 26 • July 3 June 24 • July 1
27 July 6 • July 13 July 5 -July 72 July a -July 11 July 3 -July 10 July 1 - Juty 8
28 July 73 -July 20 July 12 • July 19 July 11 -July 18 July 10 - Juty 17 July B -July 15
29 July ZO -July 27 July 19 -July 26 July 18 • July 25 July 17 -July 24 July 15 • Juty 22
30 July 27 • Aug. 3 July 26 - Au0. 2 July 25 - Aup. t July 24 -July 31 July 22 -July 29
31 Aup. 3 -Aup. 10 Aup. 2 - Aup. 9 Aup. 7 - Aug. 8 July 31 • Aup. 7 July 29 -Aup. 5
32 Aup. 10 -Aup. 17 AuD_ 9 -Aup. 16 Aup. B •Aup. 15 Aup. 7 •Aup. ib Aup. S -Aup. 72
33 Aup. 17 • Aug. 24 Aup. 76 •Aup. 23 Aup. 15 -Aup. 22 Aup. 74 -Aup. 21 Aug. 12 -Aup. 19
34 Aup. 24-Aup. 37 Au923-Aup-3D Aup. 22• Aug. 29 Aup. 21•Aup. 28 Aup. 19•Aup. 26
35 Aup. 31-Sep.7 Aup. 30-SeD~6 Aup. 29-SeP~S Aup. 28•Sep.4 Aup. 26-SeD~2
36 SeD~ 7 • Sep. i4 Sep. 6 • SeD. 13 SeD. S • Sep. 12 Sep. 4 - SeD. 11 SeD. 2 -Sep. 9
37 Sep. 14 - Sep. 27 Sep. 13 • SeD~ 20 SeP. 12 • SeD. 19 SeP~ 11 • SeD. 78 Sep. 9 - SeP. 16
38 Sep. 21 • SeD. 2B SeD. 20 - SeD. 27 SeD. /9 -Sep. 26 Se D. 18 • SeP. 25 Sep. 16 -Sep. 23
39 Se0. 28 - Oct. 5 SeD. 27 - Oct. a SeP. 26 •Oct. 3 SeD. 25 - Oct. 2 Sep. 23 -Sep. 30
4D Oct. 5 •Oct. 12 Ocl. a -Oct. 11 Oct. 3 -Oct. 10 Ocl. 2 - Oct. 9 Sep. 30 • Oct. 7
at Oct. 12.Oct. 19 Oct. 17.Oct. /8 Oct. 70.Ocl. t7 Ott. 9.Oct. 16 Oct. 7.Oct. 14
42 Oct. 19 -Oct. 26 Oct. 18 -Oct. 25 Oct. 17 -Oct. 2a Oct. 16 -Ott. 23 Oct. 14 - Oct. 27
43 Oct. 26 - Nov. 2 Oct. 25 - Nov. 7 Oct. 24 -Oct. 31 Oct. 23. Oct. 30 Oct. 27 -Oct. 28
N Nov. 2 • Nov. 9 Nor. 7 - Nov. B Oct. 37 - Nov. 7 Ocl. 3D • Nov. 6 Oct. 2B -Nov. 4
a5 Nov. 9 -Nov. 16 Nov. B -Nov. 15 Nov. 7 -Nov. 14 Nov. 6 -Nov. 13 Nor. 4 • Nov. 71
46 Nor. 76 -Nov. 23 Nov. 15 -Nov. 22 Nor. 14 - Nov. 2/ Nor. 13 -Nov. 20 Nov. 17 -Nov. 78
a7 Nov. 23 -Nov. 30 Nov. 22 -Nov. 29 Nov. 21 -Nov. 28 Nov. 20 -Nov. 27 Nov. IB -Nov. 25
48 Nov. 30 - Oec. 7 Nov. 29 - Dec. 6 Nov. 28 - Dec. 5 Nov. 27 • Dec. 4 Nov. 25 -Dec. 2
49 Dec. 7 - Dec. p Dec. 6. Oec. /3 Dec. 5 -Dec. t2 Dec. a • Dec. t1 Dec. 2 • Dec. 9
SO Dec. 14- Dec. 21 Dec. 13• Dec. 20 Dec. 72- Dec. t9 Dec. 17-Dec. 1B Dec.9-Dec. t6
S1 Dec. 27 • Dec 28 Dec. 20 -Dec. 27 Dec. 19 -Dec. 26 Dec. 18 -Dec. 25 Oec. 16 -Dec 23
52 Dec. 28 - Jan. 4 Dec 27 - Jan. 3 Dec 26 - Jan. 2 Dec. 25 • Jan. 1 Dec. 23 • Dec. 30
53 Dec. 30 -Jar.. 6
~yr.• f
a.on~ ~ ~~ ~~ac~~J
CALENDAR YEAR
1
2
3
4
5
6
7
B
9
10
11
12
13
14
15
16
17
1B
19
20
2t
22
23
24
25
26
27
2B
29
30
31
3a
35 "
36
37
39
40
n
42
43
4
45
a5
47
4B
a9
50
51
52
53
an. 6 • Ln. 13
an. 13 •Jan. 20
pan. 2D -Jan. 27
Ian. 27 -FeD. 3
°eD. 3 -FeD. 10
°eD. 10 -FeD. 17
FeD. t7 -FeD. 24
FeD. 24 • Mar. 3
Mer. 3 • Mar. 10
Mar. 10 -Mar. 17
Mar. 17 -Mar. 24
Mar. 24 -Mar. 31
Mar. 31 -Apr. 7
Apr. 7 •ADr. 14
Apr. 14 - Apr. 27
Apr. 21 - ADr. 2B
Apr. 28 -May 5
May 5 -May 12
May 12 • May 79
May 19 -May 26
MaY 26 • June 2
June 2 -June 9
June 9 -June 16
June l6 -June 23
June 23 -June 30
June 30 • July 7
July 7 -July tl
July l4 • July 21
July 21 • July 28
July 28 -Aup. 4
Aup.4-Aup. 11
Aup. 1/ •Aup. /8
Aup. 19 - Aup 25
Aup. 25-Sep.t
SeD 1 • Sep. B
Sep. B -SeD. 15
SeD. 15•SeD~22
SeD. 22 - SeP. 29
Sep. 29 -Oct. 6
Oct. 6 -Oct. 13
Oct. 13 - Oct. 20
`Oct. 20.Oct. 27
f Oct. 27 -NOV. 3
Nov. 3 -Nov. 1G
Nov. 70-NOV. 1'.
1 Nov. 17 -Nov. 2
Nov, 24 -Dec. t
Dec.l-Dec.B
Dec. B -Dec. 15
Dec. 15 -Dec. 2
Dec. 22 -Dec. 7
Dec. 29-Jan.S
Jan. 5 •Jan. t:
Jan. 12 •Jan. 15
Jan. 19-Jan. 2E
Jan. 26 -FeD. 2
Fe0.2-FeD.9
FeD. 9 - FeD. 1~
FeD. 16 •FeD. 23
FeD. 23 • Mar. 2
Mar. 2 -Mar. 9
Mar.9 • Mar. 1E
Mar. 16 - Mar. 23
Mar. 23 • Mar. 37
Mar. 30 • Apr. 6
Apr. 6 -Apr. 13
Apr. 13 -ADr. 2:.
Apr. 20 •ADr. 2'
Apr. 27 - MaY 4
MaY 4 • May 1t
May 11 • May IB
May 1B -May i3
May 25 • June 1
June 1 -June 8
June B -June 15
June 15 -June 22
June 22 • June 29
June 29 -July E~
Juty 6 • July 13
July 13 • July 2J
July 20 -July 27
July 27 - Au0.3
Aup. 3 -Aup. t0
Aup. 10 -Aup. 77
Aup. 17 - AuC. 24
Aup. 24 •Aup. 31
Aup. 31•Sep.7
SeD. 7 • Sep. t4
Sep. 14 -Sep :•1
SeD. 21 • SeF. ''B
SeD 28.Oct. 5
Oct. 5 -Oct. 1:
pct. 12 -Oct t 9
Oct. 19.Oct. 76
Oct. 26 -Nov. 2
Nov. 2 -Nov. 9
I Nov. 9 -Nov. t3
Nov. 16 -Nov. ?3
Nov. 23 - No~: 30
Nov. 3D -Dec. T
Dec. 7 • Dec. to
Dec. 14-Dec. 21
~ Det. 2/ -Dec. 2B
Dec. 28-Jan.4
Jan. 4 - Ln. 11
Jan. 11•Jan. 18
Jen. 18•Jan. 25
Jan. 25-FeD.1
Feb.l •FeD.9
FeD.B-FeD. 15
FeD. 15-FeD. 22
FeD. 22 • Mar. 1
Mar. 1 • Mar. B
Mar. B • Mar. 15
Mar. 15 -Mar. 22
Msr. 22 • Mar, 29
Mar. 29 • Apr. 5
Apr. 5 • Apr. 12
Apr. 12 -Apr. t9
Apr. 19 -ADr. 26
Apr. 26 -May 3
May 3 -May 10
May 10 -May 17
MaY 17 -May 24
May 24 -May 31
May 31 • June 7
June 7 • June 14
June 14 • June 21
June 21 • June 28
June 29 • July 5
July 5 • July 12
July 12 • July 19
July 19 -July 26
July 26 •Aup. 2
Aup.2-Aup.9
Aup.9-Aup. l6
Aup- 16 •Aup. 23
Aup. 23•AUp. 30
Aup. 30-Sep.6
SeD. 6 -Sep. 13
Sep. t3 • Sep. 20
Sep. 20-Sep. 27
SeD. 27 •Oct. 4
Oct. 4.Oct.'tt
Oct. 11 - Ocl. 19
Oct. 19 •Oct. 25
Oct. 25 -Nov. 1
Nov. 1 • Nor. 8
Nor. B -Nov. 15
Nov. /5 • Nov. 22
Nov. 22 -Nov. 25
Nov. 29 -Dec. 6
Dec. 6 -Dec. 13
Dec. t3 • Dec. 2t
Dec. 20 -Dec. 2'.
Dec. 27-Jan.3
.bn. 3 • Jw. 10
Jan. 10-Jan. 1T
Jan. 17 •Jan. 2a
Jan. 24 •Jan. 31
Jan. 31•FeD.7
FeD. 7 -Feb. tt
FeD. 14-FeD. 2l
FeD. 2t-FeD. 28
FeD. 28 -Mar. 6
Mar. 6 -Mar. 13
Mar. 73 -Mar. 20
Mar. 20 -Mar. 27
Mar. 27 •ADr. 3
ADr 3 -ADr. 10
Apr. 10 -ADr. 17
Apr. 17 • Apr. 24
Apr. 24 • May 1
May 1 • May 8
May 9 -May 15
May 15 -May 22
May 22 -May 29
May 29 • June S
June 5 -June 12
June 12 • June 19
June 19 -June 26
June 26 • July 3
July 3 -July 10
Juty 10 -July 17
July 17 • July 24
July 24 • July 31
July 37 •Aup. 7
Aup.7-Aup. 11
Aup. 14-Aup. 21
Aup. 21 -Aup. 2B
Aup. 28•Sep.4
SeD. 4 -SeD. 11
SeD. I t -SeD. 16
SeD. 18 -Sep. 25
Sept. 25 -Oct. 2
Oct. 2 - Oc1.9
I Oct. 9 -Oct. 16
Oct. 16 -Oct. 23
Oct. 23 -Oct. 30
Oct. 30 -Nov. 6
Nov. 6 -Nov. 13
Nov. 13 -Nov. 20
Nov. 20 - Nov. 27
Nov. 27 -Dec. 4
Dec. 4 - Det. 11
Dec. t1- Dec. 19
Dec. t8 -Dec. 25
Dec. 25 •Jan. 1
Ln. 1 -Jan. 0
Jan.E•Jan. 15
Jan. 15•Jan. 22
Jan. 22 -Jan. 29
Jan. 2B •FeD. 5
FeD. 5 -FeD. 12
FeD. 12 •FeD. 19
FeD. 19 •FeD. 26
FeD. 26 • Mar. S
Mar. 5 -Mar. 12
Mar. 12 • Mar. 19
Mar. 19 • Mar. 26
Mar. 26 • Apr. 2
Apr. 2 •ADr. 9
Apr. 9 • Apr. 16
Apr. 16 -ADr. 23
Apr. 23 -Apr. 30
Apr. 30 -May 7
May7•May 14
May U•May 21
May 21 • May 28
May 28 • June 4
June 4 -June 11
June 11 • June 18
June 18 -June 25
June 25 • Juty 2
July 2 • July 9
July 9 -July 16
July 16 • July 23
July 23 • July 30
July 30 •Aup. 6
Aup. 6 -Aup. 13
Aup. 13 •Aup. 20
Aup. 20 -Aup. 27
Aup. 27 -Sep. 3
Sep. 3 -Sep. 10
SeD 10 -SeD. 17
Sep. 17 • SeR 24
SeD. 24 -Oct. 1
Oct. 1 •Oct. 8
Oct. 8 -Oct. 15
Oct. t5 - Oct. 22
Oct. 22 • Oct. 29
Oct. 29 -Nov. 5
Nov. 5 -Nov. 12
Nov. 12 -Nov. 19
Nov. 19 -Nov. 26
Nov. 26 -Dec. 3
Dec. 3 -Dec. 10
Dec. 1D -Dec. 17
Dec. 17 • Dec. 24
Dec Z4 - Dec. 3t
Dec. 3t •Jan.6
~H iL v:y:~
:i
~r
_ ____ _--- --- ~ CTU1;c
` `• • PLANNING
EXHIBIT "E"
® ® ® (~,,
9 August 1983
® id
aODK ~ ~~ FAG:(~~~
Andrew V. Hecht. Attorney - -
~601 East Hyman Avenue •
Aspen,`Colorado_81611 -
-:
f: ~ -`_ `' ~Re: The• Coachl fight - • - _
.. -
'~ -. ~~~=- - ~`~~= ~ ~ •Aspen, Colorado
-` Boone~Schwietz•er'phoned•a few days ago and asked me
. -to write you regarding the above project responding
to two areas in question.
1..•. Nhat access is available for the Nandi-
`:•:capped and ~ - •
• 2. .Nhat is the useful life-of th-e building
~.~components? -
The building was constructed in 1981 and was designed
• to conform to the requirements of the 1979 Uniform
Building Code as adopted by the City of Aspen. Of
the 11 studio guest units constructed, it was
• necessary that one of these units be designed and
equipped with a bathroom for use by a handicapped
person. .
Such a unit. originally designed to be located as the
. fourth unit from the west on the first floor, was
relocated and became the first unit from the west on
the first floor during construction. In addition,.a
` ramp from the parking area to the first floor was -
~;- - designed and constructed on the north side as
• required by the Uniform Building Code: The reloca-
tioh of the handicapped bathroom unit during construe-
` tion~improved the access from the ramp. •At the time -
- of my final inspection the handicapped bathroom was
properly equipped for use. _
For tax purposes, building components for a newly
constructed rental structure such as the Coachlight
can, in many cases, be depreciated as follows:
P.O. BOX 166 ASPEN, ^OLORADO 131612 TELr_Pr-TONE 303'925-3365
'r.
. RooK ~7~ Na6,`~•l~
Andrew ~ Hecht. Attorney .~./ 9 August 1983
Page 2 •
Component Useful Life
.STRUCTURE 40 yrs.
: ~ INTERIOR 20 yrs.
• PLUMBING 15 yrs.
•_ : HEATING 15 yrs.
•.':-ELECTRICAL 15 yrs.
In~~r'eality, arid.•Nith proper maintenance a further •
breakdown of components and their expected useful
life for a building such as the Coachlight could .
be as follows:
..: Component Expected Life
Concrete Foundation 100 yrs.
.~. Structure 50 yrs.
• Roofing 15 yrs.
- Windows/Doors 50 yrs.
Interior walls _ 40 yrs.
'' Plumbing 75 yrs.
~•- ~ Plumbing fixtures 20 yrs.
_ Heating Plant 30 yrs. '
'Electr.ical System 40 yrs.
It must be understood that the expected useful life
of any structure will be shortened considerably if
a program of preventive maintenance is not pursued.
On 'the other hand. a good maintenance program will
increase the expected life considerably.
If you need any information
_ „p.lease give me a call.
..
Yery truly yours.
i Theodore L. Mularz. AIA
tlm/m
in addition to the above.
.'
CASBLOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: CASE N0. 6/2F}~~J
DATE RECEIVED CE: STAFF:
f ~ n
PROJECT NAME: Shc~cQ~,~ ~ WI-(-vi w~c~~~SC~-Q~llilSlOY~ ~,wlc~~lox~s r~r~l P~(9~IC~Ca~
APPLICANT:
Applicant Address/Phone:
REPRES ENTATIV E: ~~~~`y /~~~y
Representative Address/Phone: s~hU
Type of Application:
I. GMP/SUBDIV IS ION/PUD ( 4 step)
Conceptual Submission ($2,730.00)
_. Preliminary Plat ($1,640.00)
- _ Final Plat - ($ 820.00)
_ II. SUBDIV IS ION/PUD (4 step)
Conceptual Submission ($1,900.00)
_ Preliminary Plat ($1,220.00)
Final Plat ($ 820.OUJ
III. EXCEPTION/EXEMPTION/REZON ING (2 step) ,490.00)
IV. SPECIAL REVIEW (1 step) ($ 680.00)
Special P.eview
Use Determination
Conditional Use
._ Other:
P&Z CC MEETING DATE: ~''4 PUBLIC HEARING: YES NO
_- DATE REFERRED: ~ O INITIALS:
REFE//RRALS: _____________
--/ ity Atty Aspen Consol. S. D. School District
'~! City Engineer Mtn. Bell Rocky Mtn. Nat. Gas
Housing Dir. Parks Dept. State Hwy Dept (Glenwd)
Aspen Water Holy Cross Electric State Hwy Dept (Gr.Jtn)
_ City Electric Fire Marshall ~ Blda: Zo. Wing/Inspectn
Envir. Hlth. Fire Chief 7 - er:
FINAL ROUTING: DATE ROUTED• / SSA INITIAL:
City Atty ~~ City Engineer _j_~uilding Dept. -
0th e r • 0th er
FILE STATUS AND LOCATION:
Fevier,+ed by: Aspen PAZ City Council
"~, .\ '~
~~:._
~-
?:eviewed Tay: Aspen P&Z / City Council
~. , ..
RECOMMENDED MOTION: "Move to grant subdivision exception for the
purposes of reconfiguring six studios in the Shadow Mountain Lodge
at Aspen into four one-bedroom units and that the lodge be re-condo-
miniumized in the new unit mix with the following conditions:
1. Verification must be made by the applicant, that either a
condominium owner's association has not yet been formed or
if one exists, they have approved these changes.
2. A revised condominium plat must be submitted to the City
Engineering Department for approval, prior to recordation.
3. All revised documents must be finally accepted by the City
Attorney and recorded.
4. The applicant will, prior to approval of the revised plat,
relocate the dumpster onto the concrete slab north of the
building, pursuant to Condition 3.e. of the prior approval
dated July 9, 1984.
T0: Aspen City Council
THRU: Hal Schilling, City Manager
FROM: Alan Richman, Planning Office
RE: Shadow Mountain Lodge Timeshare - Resubdivision
DATE: May 28, 1985
SUMIiARY: The Planning Office recommends approval of subdivision
exception for the purposes of reconfiguring six studios in the Shadow
Mountain Lodge into four one bedroom units.
PREVIOUS COUNCIL ACTION: Council granted approval to the applicant
to timeshare this facility on July 9, 1984, subject to thirty-two (32)
conditions.
LOCATION: -232 W. Hyman Avenue, Lots R, L, M and N, Block 53, City and
Townsite of Aspen.
20NING: L-3
APPLICANT'S REQUEST: The applicant requests approval to convert six
(6) studio units (Units 2,3,4,8,9 and 10) into four (4) one-bedroom
units. This proposed reconfiguration of space requires resubdivision
to amend the plat and timeshare documents. Conditional use approval
for the new unit mix was granted by P&2 on May 7, 1985.
PLANNING OFFICE REVIEW: This proposal does not alter the terms of the
sale of fractional fee estate units or the compilation of use weeks.
It will change the unit mix. Originally, the project consisted of
twelve (12) units. Eleven (11) of the units were studios of approxi-
mately 350 sq. ft, each. The remaining unit is an 1,800 square foot,
three (3) bedroom unit. There is also an office/lobby area of approxi-
mately 250 sq. ft. and two (2) employee units of approximately 300
sq. ft. each. A large, open basement area exists which is used f or
storage.
The applicant wants to resubdivide six of the studio units (Units
2,3,4,8,9 and 10) into four one-bedroom condominium units. Floor
plans were submitted with the application but a revised condominium
plat must be produced, submitted to the Engineering Department and
approved by them prior to being recorded. The revised condominium
plat must be recorded, after being approved by the City Attorney and
Engineer, prior to issuance of a Certificate of Occupancy. The
Engineering Department also commented that the existing dumpster
should be relocated onto the concrete slab north of the building
~.~
pursuant to condition 3.e. of the prior approval (July 9, 1984).
Although fewer units will be the result of this conversion, the
maximum occupancy level of the building will increase. The total
number of free-market units will be reduced from twelve (12) to ten
(10). Each studio had an occupancy limit of two (2) persons at a
time, for a total population of twelve (12), within the six studios.
Each one-bedroom unit will have an occupancy limit of four (4), for a
total population of 16 within the four proposed units. The applicant
submits that the reason for this request is that the market demand is
for one bedroom units rather than studios in order to accommodate
unrelated parties who want to share occupancy. The Council should also
note that the net loss of two units in the L-3 lodging inventory will
result in an addition to the L-3 quota for this year, making twelve,
rather than ten units available for competitors.
The Planning Office has completed a site visit to this project and
agrees that one-bedroom units will likely be more marketable. The
studio units are quite minimal and the new floor plan is better from a
comfort standpoint. The additional occupancy reflects maximum usage
and may, in fact, be less at some times. The additional potential of
four more occupants should not be detrimental to the neighborhood or
significantly affect the compatibility of this timeshared lodge with
surrounding properties. Furthermore, the bedroom reduction from 14
lodge and two employee bedrooms to twelve lodge and two employee
bedrooms brings the project into compliance with its fourteen available
parking spaces.
Other changes in the recorded documents include amendment of the title
company from Stewart Title Company to Pitkin County Title, Inc. In
addition, Exhibit C to the Disclosure Statement (Escrow Agreement) is
changed to reflect this new title company arrangement. The Attorney's
Office has reviewed the amended Condominium Declaration, Disclosure
Statement and Escrow Agreement and indicated that they "appear appro-
priate."
The Attorney's Office points out that if the Shadow Mountain Lodge at
Aspen has formed a condominium or owner's association, they would have
to approve these requested amendments before the City accepts them,
per the updating and filing requirements of Section 20-24 (f) (3). A
condition will be added to the recommendation to address this.
ADVISORY COMMITTEE VOTE: The Planning and Zoning Commission voted
4-0 in favor of the applicant's request at their meeting on May 7, 1985.
RECOMMENDED MOTION: "Move to grant subdivision exception for the
purposes of reconfiguring six studios in the Shadow Mountain Lodge
at Aspen into four one-bedroom units and that the lodge be re-condo-
miniumized in the new unit mix with the following conditions:
- 2 -
1. Verification must be made by the applicant, that either a
condominium owner's association has not yet been formed or
if one exists, they have approved these changes.
2. A revised condominium plat must be submitted to the City
Engineering Department for approval, prior to recordation.
3. All revised documents must be finally accepted by the City
Attorney and recorded.
4. The applicant will, prior to approval of the revised plat,
relocate the dumpster onto the concrete slab north of the
building, pursuant to Condition 3.e. of the prior approval
dated July 9, 1984.
- 3 -
RONALD GARFIELD ATTORNEYS AT LAW
ANDREW V. HECHT VICTORIAN SQUARE BUILDING
WILLIAM K. GUEST, P.C. 601 EAST HYMAN AVENUE
JEREMY M. BERNSTEIN ASPEN, COLORADO 81611
CLIFTON D. BURDICK
April 5, 1985
The Honorable William J. Stirling,
Chairman and bienlbers of
The City Council
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
TELEPHONE
(303) 925-1936
TELECOPIER
(303) 925-3008
CABLE ADDRESS
"GARHEC"
Re: Shadow 1`fountain Lodge/Resubdivision
Dear Mayor Stirling and Members of City Council:
Pursuant to Section 20-24, Section (F)(3) of the Aspen
Municipal Code, the applicant, Shadow Mountain Lodge requests
approval from the City for the resubdivision of certain of the
condominium units of Shadow Mountain Lodge into one-bedroom
units. The effect will be to convert six (6) studio units (Units
2, 3, 4, 8, 9 and 10) into four (4) one-bedroom units. If
further subdivision approval or conditional use approval is
required, this is intended to be an application for such
approval.
In support of this request, the applicant states that
there will be less impact with such a conversion, and that the
reason for the request is to satisfy a market demand which
requires that one-bedroom units be available to accommodate
unrelated parties who might want to use the unit at the same
time.
Further, the applicant requests permission from the
City Council to recondominiumize Shadow Dountain Lodge or seeks
an exception of the standard application of Section 20-19 to
permit the combining of certain units as herein described and in
support of that request, states that subdivision is unnecessary
in relation to the land use policy of the City of Aspen under the
facts and circumstances presented, since the reconfigured units
will substantially comply with the design standards of this
chapter. In further support of such exception, the applicant
states that:
(1) There are special circumstances or conditions
affecting the subject property such that the strict application
of the provisions of this chapter for which an exception is
GARFIELD & HEGHT, P.G.
William J. Stirling
April 5, 1985
Page 2
sought would deprive the applicant of the reasonable use of his
land; and
(2) The exception is necessary for the preservation
and enjoyment of a substantial property right of the applicant;
and
(3) The granting of the exception will not be
detrimental to the public welfare or injurious to other property
in the area in which the subject property is situated.
The applicant requests permission to amend the
Disclosure Statement in the following respects:
(1) The addition of the pertinent recording
information regarding the Condominium Map and the Fractional
Estate Condominium Declaration.
(2) Change the name of the title company from Stewart
Title Company to Pitkin County Title, Inc.
(3) The total number of free market units will change
from twelve (12) to ten (10).
(4) The occupancy limit of each one-bedroom unit will
be four (4).
(5) Exhibit C to the Disclosure Statement (Escrow
Agreement) will change to reflect the change of title companies.
Respectfully submitted,
GARFIELD & HECHT, P.C.
By
Andrew V. Hecht, as attorney for
Shadow Mountain Lodge at Aspen
AVH/mp
MBNORANDOM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Shadow Mountain Lodge - Resubdivision & Conditional Use
(Timeshare )
DATE: May 7, 1985
LOCATION: 232 W. Hyman Avenue, Lots K, L, M and N, Block 53, City and
Townsite of Aspen.
BONING: L-3
APPLICANT'S REQOEST: The applicant requests approval to convert six
(6) studio units (Units 2,3,4,8,9 and 10) into four (4) one-bedroom
units. This proposed reconfiguration of space requires resubdivision
and amendment of the unit mix under the Conditional Use approval for
timesharing the units.
PLANNING OFFICE REVIBf/: This proposal does not alter the terms of the
sale of fractional fee estate units or the compilation of use weeks.
It will change the unit mix. Originally, the project consisted of
twelve (12) units. Eleven (11) of the units were studios of approxi-
mately 350 sq. ft. each. The remaining unit is an 1,800 square foot,
three (3) bedroom unit. There is also an office/lobby area of approxi-
mately 250 sq. ft. and two (2) employee units of approximately 300
sq. ft. each. A large, open basement area exists which is used f or
storage.
The applicant wants to resubdivide six of the studio units (Units
2,3,4,8,9 and 10) into four one-bedroom condominium units. Floor
plans were submitted with the application but a revised condominium
plat must be produced, submitted to the Engineering Department and
approved by them prior to being recorded. The revised condominium
plat must be recorded, after being approved by the City Attorney and
Engineer, prior to issuance of a Certificate of Occupancy. The
Engineering Department also commented that the existing dumpster
should be relocated onto the concrete slab north of the building
pursuant to condition 3.e. of the prior approval (July 9, 1984).
Although fewer units will be the result of this conversion, the
maximum occupancy level of the building will increase. The total
number of free-market units will be reduced from twelve (12) to ten
(10), Each studio had an occupancy limit of two (2) persons at a
time, for a total population of twelve (12) , within the six studios.
Each one-bedroom unit will have an occupancy limit of four (4), for a
total population of 16 within the four proposed units. The applicant
submits that the reason for this request is that the market demand is
for one-bedroom units rather than studios in order to accommodate
unrelated parties who want to share occupancy. The P&Z should also
note that the net loss of two units in the L-3 lodging inventory will
require an addition to the L-3 quota for this year, making twelve,
rather than ten units available for competitors.
The Planning Office has completed a site visit to this project and
agrees that one-bedroom units will likely be more marketable. The
studio units are quite minimal and the new floor plan is better from a
comfort standpoint. The additional occupancy reflects maximum usage
and may, in fact, be less at some times. The additional potential of
four more occupants should not be detrimental to the neighborhood or
significantly affect the compatibility of this timeshared lodge with
surrounding properties. Furthermore, the bedroom reduction from 14
lodge and two employee bedrooms to twelve lodge and two employee
bedrooms brings the project into compliance with its fourteen available
parking spaces.
Other changes in the recorded documents include amendment of the title
company from Stewart Title Company to Pit kin County Title, Inc. In
addition, Exhibit C to the Disclosure Statement (Escrow Agreement) is
changed to reflect this new title company arrangement. The Attorney's
Office has reviewed the amended Condominium Declaration, Disclosure
Statement and Escrow Agreement and indicated that they "appear appro-
priate."
The Attorney's Office points out that if the Shadow Mountain Lodge at
Aspen has formed a condominium or owner's association, they would have
to approv a these requested amendments before the City accepts them,
per the updating and filing requirements of Section 20-24 (f) (3). A
condition will be added to the recommendation to address this.
PLANNING OFFICE RBCOM!lB1iDATION: The Planning Office recommends that
you recommend to Council approval of a subdivision exception for the
re subdivision of the six studio units at the Shadow Mountain Lodge at
Aspen into four one-bedroom units and that the lodge be re-condo-
miniumized in the new unit mix with the following conditions:
1. Verification must be made by the applicant, prior to City
Council action, that either a condominium owner's association
has not yet been formed or if one exists, they have approved
these changes.
2. A revised condominium plat must be submitted to the City
Engineering Department for approval, prior to recordation.
3. All revised documents must be finally accepted by the City
Attorney and recorded.
4. The applicant will, prior to approval of the revised plat,
relocate the dumpster onto the concrete slab north of the
building, pursuant to Condition 3.e. of the prior approval
dated July 9, 1984.
Finally, we recommend that you grant conditional use approval and
issue a conditional use permit to allow the Shadow Mountain Lodge at
Aspen to continue to be timeshared with the new unit mix.
- 2 -
ASPEN*PITKIN REGIONAL BUILDING DEPARTMENT
MEMORANDUM
T0: Colette Penne, Planning
FROM: Patsy Newbury, Zoning Official
DATE: April 23, 1985
RE: Shadow Mountain Lodge
232 W. Hyman
This area is zoned R-6. Therefore, these condominium units are a non-
~„ conforming use in an R-6 zone. There are no provisions in the R-6 zone
~~ 'i for timesharing. If they were in an RMF zone or an L1/L2 zone they
would be required to have 1200 square feet of lot area per unit and 35% open
space. The information provided did not include this lot area.
Where is parking? Is there any set out?~~,j „~ „.,~:~,
,~
Paragraph No. 2 regarding support is the strongest reason I've heard. No
additional floor area will be allowed. A subdivision (condo) replat must
be filed prior to a Certificate of Occupancy as approved by Engineer and
City Attorney.
What about provisions for employee units? Were these considered at previous
condominiumization?
~.;~~ . -,
v
PN/ar
offices: mail address:
'110 East Hallam Street 506 East Main Street
Aspen, Colorado 816'1'1 303/925-5973 Aspen, Colorado 81611
D
MAY - 319,5
': E?ir)E~~~1nRii
^0: Colette Penne, Planninn Office
FP,C)Ci: ,Tay 'r'.:,r:lrlond, C~1Ly F.nc;ineer ~~/C~
7A9'i?. F.pril ?.3, 1J 35
..._, Slld00!9 i?OU111=..'.111 I, 0; c]C S. (:ELlUU1V 1S10I1, ili'~1 i'Sil:?ri3 COn:,~1 ~lOP.al
i1~C Review
[T.aV 111 CC r2V 1CFi (-'~i tiill: ~t~OV'c ~'?'.11Cc"'".Ll Ori rnQ iIl?C+2 .. S1tC'- lil:-;"~+3CL`lOn,
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1. RO BU}J C11V 1S1Orl anC, .: <1. Cri'_F1L1 Oil OS n~":] Un1LS iO ill C~ ~J I9
rBr1C'Ct@d lit d re?'1f38-i '_~-)1 Zt t0 il'G SUiJ]'.I1LLC'Q t0 till O%..-i:16~ ;~%rlOr
t0 rt.COrCiiltl OIl.
2. Prior %O aDpCOVdl O"i ~. rCViS2'~i Dla~, l.il0 aun".x;'ccr shoulu
JC' rel OC-.~l<°(i OI1L0 Lilo COriCre, CC .^+lt'.b i1C Y%it Oi L.12 iJU11C ~r~Q ;)Ur SU:'1nL
to conui: ion 3e o~ the ,prior ~?narov.~l ';later July ^, 1?^~ .
J:'/co/ ~ilac.ola!itLocicteResub
CITY
130
asp
SPEN
reet
1611
APR 2 3 ~
TO: Janet Raczak, Pla 'n ffice
FROM: Barry D. Edwa
DATE: April 22, 1985
RE: Shadow Mountain Lodge Resubdivision/Timshare
Conditional Use Review, City Case No. 012-A-85
We have reviewed the application submitted by Andy Hecht on
April 5, 1985, together with the amended disclosure statement
(draft) and the escrow agreement (draft). We have also reviewed
the floor plan drawing of April 4, 1985.
We are assuming that the Shadow Mountain Lodge at Aspen has
not yet formed a condominium or owner's association, since the
updating and filing requirements of Sec. 20-24(f)(3) require
that the association approve any requested amendments before the
City accepts them. The applicant should be asked if our
assumption is accurate.
The amended disclosure statement, so long as it is merely
reflecting the information requested in the application for
amendment, and the change of title company, appears appropriate.
The escrow agreement with Pitkin County Title, Inc. also
appears appropriate.
We will be present at the May 7, 1985 P & Z meeting, and if
you have any questions, please let us know as soon as possible.
PQBLI C NOTICE
RE: Shadow Mountain Lodge Timeshare Conditional Use Review
NOTICE IS HEREBY GIVEN that a public hearing will be held on May
7, 1985, at a meeting to begin at 5:00 P. M., before the Aspen Planning
and Zoning Commission, to consider an application proposing to reconfi-
gure six studios (Un1Ca 2, 3, 4, o, 9 and- 10) of theShadow Mountain
Lodge located at 232 W. Hyman Avenue, Aspen, Colorado, in order to
convert these units into four one-bedroom condominiums. Since this
lodge is a Timeshare- project, the applicant is requesting Condi-
tional Use approval for amendment of the unit mix under the timeshare
approval previously granted.
For further information, contact the Aspen /Pit kin Planning
Office, 130 S. Galena, Aspen, CO 81611 (3030) 925-2020, ext. 225.
s/ferry Harvey
Chairman, Aspen Planning
and Zoning Commission
Published in the Aspen Times on April 18, 1985.
City of Aspen Account.
APR29~ ~~~~
li
GOI.ANTY PC,IAIyA/,fv{O q,~~
tso s. ~-hr_.FVa
e6PEN,COLORApO 69671
F21zTi,)yFA! Tt) iEi~lDh._Fi
BOX CC_UC)f'.D
Julia Jackson Peavy
P.O. Box 4303
Aspen, CO 81612
CITY/OQU'+t^rv a~9,A1VMN~1 OFr'8C1R
8.'s:} y. GALENA
AS#EM. CdL097ADp 69691
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LIP,ld;f::L_I2: "ffl F~i]h?~rlr'§Fil:i
Diana H. Beuttas, Deborah Smith,
and Christopher H. Smith
60 Pine Terrace
Tiburon, CA 94920
.L„L,ILIrr,,,lrlll„rdi„
CITY/COUNTY PLANN9NGi OPF{Cif
. 130 S. ^J±F. F^:A ~
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343 xter Street j hlC7 P~i:7f~:6,lr'§h;1:7"I:hdG; (aP?[rlii:R i:7p~ f~a:L..f::
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~J. Davi, dj,,H:a,ft and Helen ~~/~_ a t
e
Asperf;'Z,~V N~" 1
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I hereby certify that on this ~ day of \ ~ ~a~~ .
198 a true and correct copy of the attached Notice of Public Hearing
was deposited in the United States mail. first-class oostaae orenai.d,
to the adjacent property owners as i;-,c:icated on the attached list of
adjacent property owners which was supplied to the Plannaing Office by
the applicant in regard to the case named on the public notice.
Nancy!Crelli
,2
POBLI C NOTICE
RE: Shadow Mountain Lodge Timeshare Conditional Use Review
NOTICE IS HEREBY GIVEN that a public hearing will be held on May
7, 1985, at a meeting to begin at 5:00 P. M., before the Aspen Planning
and Zoning Commission, to consider an application proposing to reconfi-
gure six stuuios {Uni~~ 2, 3, 4, o, 9 and- 10) of the ~Shadaw Mountain
Lodge located at 232 W. Hyman Avenue, Aspen, Colorado, in order to
convert these units into four one-bedroom condominiums. Since this
lodge is a Timeshare project, the applicant is requesting Condi-
tional Use approval for amendment of the unit mix under the timeshare
approval previously granted.
For further information, contact the Aspen/Pitkin Planning
Office, 130 S. Galena, Aspen, CO 81611 (3030) 925-2020, ext. 225.
s/Perry Harvey
Chairman, Aspen Planning
and Zoning Commission
Published in the Aspen Times on April 18, 1985.
City of Aspen Account.
~ ~,
.~ .,...,
Son C.i.: ai Q~n ROCi
STEWART TITLE
OF ASPEN. INC.
602 E. HVMAN • ASPEN. COLORADO 81611
April 9, 1985
Garfield and Hecht, P.C.
601 E. Hyman Ave.
Aspen, Colorado 81611
RE: Our Job Number 2217AB
Dear Sirs,
Enclosed please find an updated list of parcels which are completely
or partly within a 300 foot radius of Lots K, L, M, and N of Block 53
of the City and Townsite of Aspen, together with the names of their
owners of record and the addresses of said owners taken from the
records of the Pitkin County Treasurer.
Although our search was thorough and we believe the facts stated are
true, this information is not to be construed as an opinion, nor
guaranty of title, and it is understood and agreed that Stewart Title
of Aspen, Inc. neither assumes nor will be charged with any financial
obligation or liability whatever on any statement contained in said
list of ownerships.
We heartily thank you for this opportunity to be of service and
appreciate your continued patronage.
Sincerely yours, ~,
~/
Randall Webb \
Vice President
Stewart Title of Aspen, Inc.
RW/krk
Enclosures
/.<\
~..1
SHADOW MOUNTAIN DUPLEX
F....
~..I
Unit A Aspen Kay Associates
c/o Marvin L. Kay
3263 N. Street, N.W.
Washington, D.C. 20007
Unit B J. David Haft and Helen J. Haft,
as Trustees under Trust Indenture
dated 6/5/42, as amended f/b/o
J. David Haft
BLOCK 53, CITY AND TOWNSITE OF ASPEN
Lots D & E Robert Floyd Appleton
Robert John Appleton
P.O. Box 712
Aspen, CO 81612
Lots F 5 G Howard A. Vaughan, Jr.
P.O. Box 367
Hebron, IL 60034
Lots H b I Mary Emma Dean
343 Dexter Street
Denver, CO 80220
Lot O Ruth H. Humphreys
Ruth Humphreys Brown
1201 Williams St. #8-B
Denver, CO 80218
Lot P Ruth H. Humphreys
1201 Williams St. MS-B
Denver, CO 80218
Lot Q Sandor w. Shapery
8008 Girard Avenue
La Jolla, CA 92037
~~~,
~..~
KOCH TOWNHOUSES
...~
1 Leonard A. b Andrea Snyder
44 Washington Blvd.
Pittsford, NY 14534
2 Orr-Drazek Properties, a
Colorado Joint Venture
500 Patterson Road
Suite N1
Grand Junction, CO 81501
3 Julia Jackson Peavy
P.O. Box 4303
Aspen, CO 81612
4 Pauline Ross
P.O. Box 9969
Aspen, CO 81612
5 Roberta L. Mendelson, Mel I. Mendelson,
Greg Sherwin, and Christine Elkins
1020 E. Hopkins Ave., #1
Aspen, CO 81611
WEST SIDE CONDOMINIUMS
1 & 2 Diana H. Beuttas, Deborah Smith,
and Christopher H. Smith
60 Pine Terrace
Tiburon, CA 94920
3 Thomas T. Crumpacker and June
Andrea Hanson
234 W. Hopkins
Aspen, CO 81611
~ ~.
~ ...
BLOCK 52, CITY AND TOWNSITE OF ASPEN
Lots P & Q Charles A. Smithgall III, Sally G.
Smithgall and Shelley Griffitts
c/o WCNN
1422 West Peachtree Street, N.E.
Suite #800
Atlanta, Georgia 30309
Lots R & S Scott and Wylie Doughty
200 W. Hopkins
Aspen, CO 81612
BLOCK 60, CITY AND TOWNSITE OF ASPEN
Lot A
Margaret B. Day
2655 N. Beach Road
Englewood, FL 33533
THE COTTONWOODS
1-A Harold Gold b Helen Gold
7885 Northwest 53rd Street
Miami, FL 33166
1-B T.B. Crawford and Bruce G. Gaylor
Drawer L
Simonton, TX 77476
1-C James C. Brennan
417 Royale Street
New Orleans, LA 70130
2-A Martin R. and Alice M. Warshaw
2279 Merson Drive
Ann Arbor, Michigan 48103
2-B Emilio DeTurris
31 Bramble Lane
Melville, NY 11747
,~
THE COTTONWOODS - CONTINUED
2-C William E, and Vivian V. Goodnough
221 E. Hyman Avenue
Aspen, CO 81611
3-A Al Bowman
3801 N.E. 25th Avenue
Lighthouse, Point, FL 33064
3-B Frances E. Richards, Trustee Under
Self Declaration of Trust dated
October 21, 1983
203rd and Hilltop Road, Route 2
Mokena, Illinois 60448
3-C Albert I. Strauch
4327 S. Yosemite
Englewood, CO 80110
BLOCK 54, CITY AND TOWNSITE OF ASPEN
Lots A thru I The City of Aspen
Lots K thru O Fernando Gonzalez Parra
Ovaciones
Lago Zirahuen #279
Mexico 17, D.F.
Lots P thru S Ramon Gonzalez Parra and Margarita
Ovaciones
Lago Zirahuen #279
Mexico 17, D.F.
r°.
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BLOCK 47, CITY AND TOWNSITE OF ASPEN
Lot G S part Lot F Thomas E. Raphael, Frank J. Woods III
and Frederick F. Head
c/o Carol Ann Jacobson Realty
P.O. Box 1168
Aspen, CO 81612
Pt. Lots H 6 I Michael and Sharon Flach
P.O. Box 266
Woody Creek, CO 81656
Pt. Lots H ~ I Fred O. Lane
P.O. Box 597
Aspen, CO 81612
Pt. Lot F Martin and Shannon Rodgers
1135 Cemetary Lane
Aspen, CO 81611
BLOCK 46, CITY AND TOWNSITE OF ASPEN
Lot D F. William Nicholson and Julie Ann
Nicholson
401 North Belmont
Wichita, Kansas 67208
Lots E thru I Merrill Ford
Box 445
Aspen, CO 81612
Lots N & O H. Michael Behrendt
334 W. Hyman
Aspen, CO 81611
r>-~, ~~
`,r ~.s
BLOCK 46, C/T ASPEN - CONTINUED
Lots P & Q Genevieve Birlauf
c/o Mrs. Joseph Leininger
963 Wing Avenue
Palo Alto, CA 94303
Lots R b S Kathryn K. Reid
C.M. Clark
P.O. Box 566
Aspen, CO 81612
BLOCK 45, CITY AND TOWNSITE OF ASPEN
Lots R & S
PART OF
Harold Goldsmith
3801 Piney Grove Road
Reisterstown, MD 21136
8 - SECTION 12, TOWNSHIP lOS, RANGE 85 WEST
Dorothy Kock Shaw (Estate of)
P.O. Box 510
Aspen, CO 81612
-or-
c/o Harry Shaw
6711 E. 50th Avenue
Commerce City, CO 80222
..
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RECORDING REQUESTED BY:
RECORD AND RETURN TO:
ANDREW V. HECHT, ESQ.
GARFIELD & HECHT, P.C.
601 E. Hyman Avenue
Aspen, CO 81611
DRAFT
AMENDED DISCLOSURE STATEMENT
Pursuant to the requisites of Section 20-24 of the
Municipal Code of the City of Aspen (the "Ordinance"), the
developer, SHADOW MOUNTAIN EQUITIES, INC. hereby amends the
following provisions in its Disclosure Statement filed in the
records of Pitkin County on October 29, 1984 in Book 475 at Page
860.
1 (e) Fractional Estates consist of an undivided
one-fifteenth (1/15) interest in and to a Condominium Unit at the
Shodow Mountain Lodge at Aspen, according to the Condominium Map
thereof recorded November 20, 1984 in Plat Book 16 at Page 70-72
together with the exclusive right to possession and occupancy of
said Unit only during three (3) Use Weeks, said right to
possession and occupancy beginning at 4:00 P.M. Rocky Mountain
Time on the first day of each Use Week and ending at 10:00 A.M.
Rocky Mountain Time on the last day of each Use Week as more
fully defined and described in the Fractional Estate Condominium
Declaration for the Shadow Mountain Lodge at Aspen recorded
October 29, 1984 in Book 975 at Page 783, County of Pitkin, State
of Colorado. (RECORDING INFORMATION WAS FILLED IN.)
1 (n) All downpayments or earnest money; deposits will
be held in an escrow account established in accordance with
Colorado Real Estate Commission guidelines with Pitkin County
Title Insurance Company. The deposits will not be used by the
Applicant before closing. The depository will be a bank in
Aspen, Colorado selected by Pitkin County Title, Inc. The
deposits will be held in escrow until the timeshare unit closes
and the unit is available for occupancy or until the purchaser
elects to have his earnest money refunded pursuant to the Escrow
Agreement attached hereto as Exhibit "C". (NAME OF TITLE COMPANY
HAS BEEN CHANGED.)
1 (r) Since the project is complete, the developer
intends to sell all ten (10) units as fractional estate units.
(NUMBER OF UNITS HAS CHANGED.)
1 (aa) The five (5) studio units are permitted to house
two (2) occupants at a time. The four (4) one-bedroom units have
an occupancy limit of four (4) each. The three (3) bedroom unit
has an occupancy limit of eight (8). Any greater occupancy will
be prohibited by the Fractional Estate Declaration. (NUMBER O£
STUDIOS HAS CHANGED; FOUR ONE-BEDROOM UNITS ADDED.)
.~~
Exhibit C will be replaced by a new Escrow Agreement by
Pitkin County Title, Inc.
SHADOW MOUNTAIN EQUITIES, INC.
ATTEST:
By:
Secretary
STATE OF
COUNTY OF
ss.
The foregoing document was acknowledged before me on
this day of 1985, by Shadow Mountain
Equities, Inc. by as its
and by as its secretary.
Witness my hand and official seal.
My commission expires:
Notary Public
Address:
DRAFT
-2-
f'.%a ,~..+a
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PITKIN COUNTY TITLE, Inc.
Title Insurance Company
601 E. Hopkins
Aspen, Colorado 81611
(303)925-1766
ESCROW AGREEMENT
This Escrow Agreement is between Pitkin County Title, Inc.,("PCT") and Shadow
Mountain Equitities, Inc. regarding the Shadow Mountain Lodge at Aspen Purchase
Agreement and Escrow Instructions ("Purchase Agreement") for the sale of Fractional
Estates.
For good and valuable considerations, PCT hereby agrees to act as "ESCROW" under
Purchase Agreement.
As Escrow the duties of PCT shall be limited to the following:
1. To hold Earnest Money deposits and at closing collect the balance of the
purchase price as provided for in the Purchase Agreement.
2. Upon payment of applicable premiums, to provide Owners Title Insurance and
where required Mortgagees Title Insurance in accordance with Transamerica
Title Insurance Company approved form of commitments and title policies for
the subject property.
3. Not to close on any Fractional Estate unless and until there is a Certificate
of Occupancy for the particular unit and all prior liens or encumbrances have
been released or discharged.
4. That any other conditions of Purchase Agreement, brought to the attention of
PCT, will be satisfied prior to closing.
5. PCT shall not be liable for any act it may do or omit to do hereunder while
acting in good faith and in the exercise of its own best judgement, PCT shall
not be liable for the sufficienct, correctness or validity of any instruments
deposited hereunder.
IN WITNESS WHEREOF, the parties hve signed the Escrow Agreement this day of
March, 1985.
SHADOW MOUNTAIN EQUITIES, INC.
PITKIN COUNTY TITLE, INC.,
I .
BY:
Vincent H ns
Presiden
BY:
Raymond A. Harn
President
DRAT
Dear Planning Office:
The Condominium Declaration will be amended as soon
as we receive approval.
GARFIELD & HECHT
PQBLI C NOTI CE
RE: Shadow Mountain Lodge Timeshare Conditional Use Review
NOTICE IS HEREBY GIVEN that a public hearing will be held on May
7, 1985, at a meeting to begin at 5:00 P. M., before the Aspen Planning
and Zoning Commission, :to consider an application proposing to reconfi-
gure -six studios (Unli.3 2, 3, 4; o, 9 and 10) of the shadow Mountain
Lodge located at 232 W. Hyman Avenue, Aspen, Colorado, in order to
convert these units into four one-bedroom condominiums. Since this
lodge is a Timeshare project, the applicant is requesting Condi-
tional Use approval for amendment of the unit mix under the timeshare
approval previously granted.
For further information, contact the Aspen/Pitkin Planning
Office, 130 S. Galena, Aspen, CO 81611 (3030) 925-2020, ext. 225.
s/PPr~y Harvey -
-- Chairman, Aspen Plannin g
and Zoning Commission
- ----------------- -------
Published in the Aspen Times on April 18, 1985.
City of Aspen Account.
l.V wnvu „vi ~,•, ~sw no nun ~. _.___
1 3 d 5 t' 1 6 7 10 12 ld
0 0 L
/ 0
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2 M M M M
Lauryers Title Insurance Corporation
National Headquarters
Richmond, Virginia
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Effective Date March 21, 1985 Case No. PCT-f,2-RS
2 Policy or policies to be issued.
(a)
^ ALTA Owner's Policy-Form B-19701Rev. 10-77-70)
^ ALTA Residential Title Insurance Policy-1979
Amount
Proposed insured:
(b) ALTA Loan Policy, 1970IRev. 10-17-70)
Proposedinsured.
Amounts 300,000.00
with a premium of $391.00 (reissue)
FIRST NATIONAL BANK OF FREEPORT
(cl
Proposed insured.
Amount 5
3. Title to the FEE estate or interest in the land
described or referred to in this Commitment is at the effective date hereof vested in:
SHADOW MOUNTAIN EQUITIES, INC., a Colorado Corporation
4. The land referred to in this Commitment is described as follows:
SHADOW MOUNTAIN LODGE AT ASPEN, according to the Condominium Map thereof recorded
November 20> 1984 in Plat Book 16 at Page 70-72, and according to the Condominium
Declaration for the Shadow Mountain Lodge at Aspen, recorded October 29, 1984 in
Book 475 at Page 783.
EXCEPT Unit 1, Use Weeks 2,4,5,10,13,14,15,26,28,29,30,39,47,48,49; Unit 5, Use
Weeks 2,3,5,6,8,9,10,11,12,15,22,23,24,25,26,29,30,32,34,37,39,47,48,49,50,51,52;
Unit 6, Use Weeks 1,5,7,9,10,11,14,23,24,25,28,30,32,33,34,35,39,41,47,48,49,50,51
52; Unit 7, Use Weeks 3,8,10,11,21,24,27,29,31,32,37,39,40,48,49,50,51,51.
COUNTY OF PITKIN,
STATE OF COLORADO
Countersigned a1 ASPEN COLORADO Commitment No. BD-640028
, Schedule A-Page 1
This commitment is invalid unless
u r zed Officer or Agent the Insuring Provisions and Sched-
ules Aand Bare attached.
Form No. 91-ae 15CH. A)
_... ..oe tin, ie nRIGINAL
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" Leuryers`~itle ~nsurence Corporation
National Headquarters
Richmond, Virginia
SCHEDULE B-Section i
Requirements
The following are the requirements to be complied with.
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest
to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to-wit:
A. Deed of Trust from Shadow Mountain Equities, Inc., a Colorado Corporation
to the Public Trustee of the County of Pitkin
for the use of First National Bank of Freeport
to secure $300,000.00
This commitment is invalid unless
the Insuring Provisions and Sched-
ules Aand Bare attached.
form No 91-8918-11
035~i-0880003 ~3 -
Schedule B-Section 1 -Page 1 -Commitment No. BD-640028
np1(]I~I/~l
Leuryt,.~Ttle jnsurence ~r~x.. ~'~ion
.. NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
SCHEDULE B-Section Z
Exceptioro
The polity or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which
a correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, im-
posed by law and not shown by the public records.
S. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in
the public records or attaching subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered
by this Commitment.
6. Reservations and exceptions as contained in the Deed(s) from the City of Aspen
providing as follows: that no title shall be hereby acquired to any mine of gold,
silver, cinnabar or copper or to any valid mining claim or possession held under
existing laws; and provided further, that this deed is hereby made and declared
to be subject to all the conditions, limitations and restrictions contained in
Section 2386 of the Revised Statutes of the United States, in Deed(s) recorded
in Book 59 at Page 443; Book 39 at Page 565 and Book 79 at Page 49.
7. Terms, conditions and obligations of Certificate of License as set forth in
instrument recorded in Book 316 at Page 262.
8. Multipurpose Easement Agreement for the purpose of excavating, constructing,
insta111ng, maintaining, inspecting, repairing, replacing, operating and
removing electric transformers, telephone pedestals and terminal boxes, as
granted to the City of Aspen, Mountain States Telephone and Telegraph Company
and Micro Cable Communications, Inc., in easement recorded September 28, 1981
in Book 415 at Page 66, affecting the following described real property:
The Northerly 22.00 feet of the Easterly 13.20 feet of Lot "N", Block 53,
Original Aspen Townsite, except the Easterly 6.20 feet thereof.
9. Those covenants, conditions, terms, obligations, easements and restrictions
which are a burden to Shadow Mountain Lodge at Aspen, as provided for in the
Fractional Estate Condominium Declaration recorded October 29, 1984 in Book
475 at Page 783.
----CONTINUED---
Exceptions numbered -0- are hereby omitted.
The Owner's Policy to be issued, if any, shall canto in the following items in addition to the ones set forth above=
(1) The Deed of Trust, if any, required under Schedule B-Section 1, Item (b ).
(2) Unpate Hied mining claims; reservations or exceptions in patents or in Acts authorizing issuance
thereof; water rights, claims or title to ware r.
(3) Any and all unpaid taxes, assessments and unredeemed tax sales.
Schedule B-Section 2-Page 1-No.
Form 97-88 82 Rocky Mt.
035-i-088-0SOO - r1RIGIN ei
,~ . ,.
Leuryet~itle jnsurence (grPoi'~'tion
NATIONALHEADOUARTERS
RICHMOND, VIRGINIA
SCHEDULE~~_cont'd.
10. Terms, conditions, provisions and obligations as contained in Articles
of Incorporation of Shadow Mountain Lodge at Aspen Fractional Owners
Association, Inc., recorded October 30, 1984 in Book 475 at Page 993
and in the By-Laws of Shadow Mountaln Fractional Owners Association,
Inc., recorded October 30, 1984 in Book 476 at Page 4.
11. Deed of Trust from Shadow Mountain Equities, Inc., a Colorado Corporation
to the Public Trustee of the County of Pitkin
for the use of First National Bank of Freeport
to secure $1,200,000.00
dated September 2, 1983
recorded October 27, 1983 in Book 454 at Page 189.
Schedule B-~ Page 2 No. BD-64002$
oas-n 999-ooaoaz
ORIGINAL r ~,,.:... r
Leu.ry ;Title Jnsurence CorF •~tion
National Headquarters
Richmond. Virginia
COMMITMENT FOR TITLE INSURANCE
LAWYERS TRLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions
of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or
policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six 16) months after the effective date hereof or when [he policy or
policies committed for shat) issue, whichever first occurs, provided that the failure to issue such policy or policies is not the
fault of the Company. This Commitment shall not be valid or binding until countersigned by an a utltorized officer or agent.
IN WRNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is
effective as of the date shown in Schedule A as "Effective Date."
CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fa it to disclose such knowledge to the Compa ny in writing, the Compa ny shal I be relieved
from liability for any loss or damage resulting from any act of reliance hereon tothe extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if
the Company otherwise acquires actual knowledge of any such detect, lien, encumbrance, adverse claim or other
matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate
exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered bythis
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the
Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and are made a pan of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
ja~ryers Tide jne (9cporation
President
Attest. ~~~~
.i~L~:~Z"""„
Secretary.