Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Land Use Case.202 Lone Pine Rd.0027.2013.ASLU
40 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0017.2013.ASLU PARCEL ID NUMBERS 2737 07 3 84 001 PROJECTS ADDRESS 202 LONE PINE RD PLANNER JUSTIN BARKER CASE DESCRIPTION PUD AND AMENDMENT REPRESENTATIVE STEEV WILSON DATE OF FINAL ACTION 6.5.13 CLOSED BY ANGELA SCOREY ON: 7/1/13 27-3-1 - 07 - 3 - -00 Permits C File Edit Record Navigate Form Reports Format Tab Help 7 .w Jump,l - Routing Status Fees Fee Summary pain Actions Attachments Routing History yaluatian� ArdVEng Custom Fields .Sub Permits :Parma f, Permit type aslu Aspen Land Use Permit#10027.2013-ASLU € Address 1202 LONE PINE RD ApVSuite 11 City ASPEN State CO zip 01611 zy , Permit Information 3 Master permit Routing queue ;,laslu07 Applied 0 : 3,2013 I� I Project Status pending Approved 0 fo Description APPLICATION FOR PUD..41ENDMENT Issued Closed'Fina! . Submitted IROBER MEHALL 023 6946 i � F-12014 l� Clod Running Days Oi Expires Owner Last name CASAASPEN L7iAN.AGEN1Eh First name _ i Phone 1. i Applicant F Owner is applicant? [Contractor is applicant? l last name CASAASPEN MAN.AGEMY First name i' Phone li 1 Cust x 29� 491 kridrpcs p Lender t Last name First name Phone ? Address i 3. i 7' is I 3 i As enGoldS server an etas T a'1 ' 10 W ckt 2 3 i 3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I (name, please print) being or rep esenting an Applicant the City of Aspen, Colorado, hereby personally to certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: l/ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowledged before me this If- day of L1,1n, , 20a, by WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE Of M commission expires: DEVELOPMENT APPROVAL Y Notice is hereby given to the general public of the approval of a site specific development plan,and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24,Article 68,Colorado Revised Statutes,pertain- ing to the following legally described property:Unit Notary Public 1,Mocklin Condominiums,according to the Con- dominium Map recorded August 24,1998 in Plat Book 46 at page 5 and as defined and described in the Declaration recorded August 24,1998 as Re- ception No.421013,commonly known as 202 Lone Pine,Condominium Unit#1,by order of the City of Aspen Community Development Department on ATTACHMENTS• June 5,2013. The Applicant received ived approval to o amend the PUD to convert a garage bay to livable space and to finish the basement in Unit#1 and COPY OF THE PUBLICATION Residential Design Standard Variance for a light- well.For further information contact Justin Barker, at the City of Aspen Community Development Dept.130 S.Galena St,Aspen,Colorado(970) 429-2797. s/City of Aspen Publish in The Aspen Times Weekly on June 13, 2013. [9263966] DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section-26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Casa Aspen Management, LLC, 109 North Post Oak Lane#431, Houston, TX 77024 Property Owner's Name, Mailing Address Unit 1 Mocklin Condominiums, according to the Condominium Map recorded August 24, 1998 in Plat Book 46 at page 5 and as defined and described in the Declaration recorded August 24, 1998 as Reception No. 421013; commonly known as 202 Lone Pine, Condominium Unit#1 Legal Description and Street Address of Subject Property Insubstantial PUD Amendment to convert a garage bay to livable space and to finish the basement in Unit 41 and Residential Design Standard Variance to allow six (6) inches of veneer on a lightwell to extend beyond the front-most wall of the structure. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the Cif of Aspen Community Development Department for an Insubstantial PUD Amendment and Residential Design Standard Amendment; application received on 4/22/2013; approval granted on 6/5/2013 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) June 13 2013 - - - - - - - - - - - - - - Effective Date of Development Order (Same as date of publication of notice of approval.) June 14 2016 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued t is th day of une, 2013, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director RECEPTION#: 600198, 06/07/2013 at 10:28:01 AM, 1 OF 4, R $26.00 Doc Code APPROVAL Janiic�e3 K. V7yos Caudill, Pitkin County, CO I NOTICE OF APPROVAL FOR AN INSUBSTANTIAL PLANNED UNIT DEVELOPMENT AMENDMENT AND RESIDENTIAL DESIGN STANDARD AMENDMENT TO 202 LONE PINE ROAD, MOCKLIN SUBDIVISION,LOT 7 Parcel ID: 2737-07-3-84-999 APPLICANT: John Duncan, Casa Aspen Management, LLC, 109 North Post Oak Lane#431, Houston,TX 77024, REPRESENTATIVE: Bob Mehall, Robert Mehall/ARCHITECT, Inc. P.O. Box 5506, Snowmass Village. SUBJECT& SITE OF APPROVAL: 202 Lone Pine Road, Unit#1, Mocklin Subdivision, Lot 7 SUMMARY: The applicant has requested an Insubstantial PUD Amendment to convert a garage bay to livable space and to finish the basement in Unit #1. Unit #1 is the only free-market unit i. in an 8-unit building, the remaining units being deed-restricted affordable housing. I Ordinance #35, Series of 1995 approved the subdivision and requires Lot 7 to maintain 15 parking spaces on site, a maximum FAR of 0.40:1, and approximately 60% of the site as open space. This FAR translates to a total floor area of 12,081 square feet allowed. The open space required is 19,929 square feet. In addition, the applicant requires a Residential Design Standard Variance for a portion of a lightwell that extends beyond the front-most wall of the structure. i STAFF EVALUATION: The proposal meets the review criteria for an Insubstantial PUD Amendment (Exhibit A) and the changes proposed are consistent with the approvals granted in Ordinance #35, Series of 1995. The maximum FAR will not be exceeded and the open space will not be -reduced significantly. - - - There currently exists a deficit of parking spaces on-site from what is required. The applicant must bring the on-site parking into compliance with Ordinance #35, Series of 1995, requiring 15 spaces. A new window well is being added to the south side of the building as a part of the proposal. The Residential Design Guidelines require all lightwells on a street-facing fagade(s) to be completely recessed behind the front-most wall of the building. The proposed lightwell itself is recessed, however the veneer extends beyond the front-most Page I of 5 wall by six (6) inches. Staff finds this difference to be minimal and grants a variance from the guideline to accommodate six (6) inches of veneer. DECISION: Staff finds that the Insubstantial PUD Amendment application provided by the Applicant, John Duncan, Casa Aspen Management, LLC (represented by Bob Mehall, Robert Meha1UARCHITECT, Inc.) meets the applicable criteria and thereby APPROVES the request with the following condition: 1. 15 parking spaces will be provided and striped to comply with Ordinance #35, Series of 1995. 2. A variance is granted from Residential Design Standard 26.410.040.D.4, Lightwells to accommodate for six (6) inches of veneer. APPROV BY: Chris en on Date Community Development Director Attachments: Exhibit A—Insubstantial PUD Amendment Review Criteria (not recorded) Exhibit B —Residential Design Standard Variance Review Criteria (not recorded) Exhibit C —Approved plans (recorded) Page 2of 5 EXHIBIT A REVIEW CRITERIA& STAFF FINDINGS: 26.445.100. Amendment of PUD development order. A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. Staff Finding: The character of the PUD shall be retained and not negatively altered by this proposal. Most of the changes will be interior renovation. Staff finds this criterion met. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. Staff Finding: The proposal does not increase coverage of structures by more than three percent. Staff finds this criterion met. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Not applicable. 4. A reduction by greater than three percent (3%) of the approved open space. Staff Finding: The amount of approved open space will not be reduced by greater than three percent. Staff finds this criterion met. 5. A reduction by greater than one percent (1%) of the off-street parking and loading space. Staff Finding: The proposal replaces one parking space with livable area, but includes adding additional spaces on site to comply with a requirement of Ordinance 935, Series of 1995. Staff finds this criterion met. 6. A reduction in required pavement widths or rights-of-way for streets and easements. Staff Finding: No pavement width or easements are being affected by this proposal. Staff finds this criterion met. 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. Not applicable. Page 3of 5 8. An increase by greater than one percent (1%) in the approved residential density of the development. Not applicable. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Staff Finding: The lot and its intended use remain consistent with the original approvals. This proposal does not require a special variation from the approved uses or dimensional requirements. Staff finds this criterion met. Page 4of 5 EXHIBIT B REVIEW CRITERIA&STAFF FINDINGS: 26.410.020.D Residential Design Standards Procedures for review -Variances. 1. Administrative variances. The applicant may seek an administrative variance for not more than three (3) of the individual requirements. An applicant who desires a variance from the residential design standards shall demonstrate, and the Community Development Director shall find that the variances, if granted, would: a) Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the director feels is necessary to determine if the exception is warranted; or Staff Finding: The applicant is lining the lightwell with veneer to match the existing veneer of the building. Staff finds that this design solution results in the most cohesive and consistent design. Staff finds this criterion met. b) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Finding: No site specific constraint exists on this lot. Staff finds this criterion is not met. Page 5of 5 Mu Y] OD1 V 7 1 14 p— Vr-I WD r—#1 I I tON Z� .L l= — roan p— Wane Woos p" 14 CASA ASPEN 202—P-Rood,j, A p- C.—d. ------------ ------------- A2.2 I . " 9)9.9JJ.8Yd6 ! r r I : i I J I i I JL J CASA z ASPEN ' . ' 202 ne M.R-d,/1 n 3 A p ,C..,.d. f r 1 i ry M1 S t A4. 1 MY Justin Barker From: Robert Mehall <bob @rmarchitect.net> Sent: Tuesday, May 28, 2013 6:11 PM To: Justin Barker Subject: Re: 202 Lone Pine PUD Amendment - part lof 2 Attachments: Duncan PUD A 4.1 28may13.pdf, Duncan PUD A 3.1 28mayl3.pdf; Duncan PUD A 2.2 28may13.pdf Justin, As requested, please find the 5 attached PDF files (Site Plan, 2- Floor Plans, Elevations and Sections)which show the revised, smaller window well. I have clouded and noted this revision in the "Issued" column in the title block. Please review and let me know if you need anything else. Thanks. Bob note the attachments created a large file, so I will break up into two emails. Robert Mehall/ARCHITECT, Inc. Post Office Box 5506 Snowmass Village, CO 81615 t/f: 970.923 .8946 On 5/28/2013 9:27 AM,Justin Barker wrote: Bob, The first thing we will need is an updated drawing that shows the smaller window well to add to the case file before we can approve anything. You can just send these to me as PDFs for now, I'll confirm if we need full size drawings for this. As far as the variance process is concerned, I will pull together a pre-app that will cover what you will need to submit for a variance application and send that to you either today or tomorrow. Thanks, Justin Barker, LEED Green Associate, CNU-A Planner Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2797 www.aspenpitkin.com 1 LEED GREEN ASSOCIATE Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient,please reply to the sender that you have received the message in error and then delete it. Further,the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable,the information and opinions contain in the email are based on current zoning,which is subject to change in the future,and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Robert Mehall [mailto:bob@rmarchitect.net] Sent: Thursday, May 23, 2013 9:52 AM To: Justin Barker Subject: Re: 202 Lone Pine PUD Amendment Justin, My clients have decided to submit for building permit with the smaller window well now and begin the process to ask for a variance to get the larger, desired window well that we originally planned. It is my understanding that the only two issues you brought up to approve our administrative PUD Amendment were the parking and window well. With these two revisions, I have two questions for you; 1. What documentation do I need from you to submit with the building permit application? 2. How do we begin the variance process to get the larger window well? Thanks, Bob Robert Mehall/ARCHITECT, Inc. Post Office Box 5506 Snowmass village, CO 81615 t/f: 970.923 :8946 On 5/9/2013 4:38 PM,Justin Barker wrote: Hi Bob, So I have spent more time reviewing the submittal for 202 Lone Pine. As I suspected,the lightwell will be an issue. According to Section 26.410.040.D.4 of the Land Use Code, "All areaways, lightwells and/or stairwells on the street— facing fagade(s) of a building shall be entirely recessed behind the front-most wall of the building." The lightwell you have proposed extends beyond the front-most wall of the building facing Miner's Trail Road. There are two options here: 1. Redesign the lightwell to bring it into compliance by entirely recessing it behind the front-most wall 2 2. Eliminate the lightwell entirely (it is not necessary as a form of egress since the space is not a bedroom) Everything else looks like it will be good. I should mention that although it is not required, it might be a good idea to update and record a new condo plat for the property for the owner's benefit. Let me know if you have any questions or concerns regarding any of this. Thanks, Justin Barker, LEED Green Associate, CNU-A Planner Community Development Department City of Aspen 130 S. Galena St. Aspen, CID 81611 970-429-2797 www.aspenpitkin.com LEED GREEN ASSOCIATE Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient,please reply to the sender that you have received the message in error and then delete it Further,the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable; the information and opinions contain in the email are based on current zoning,which is subject to change in the future,and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 3 a 2 1. 3 s i I _ MINERS TRAIL ROAD nl _......... r _ k. CASA ASPEN T A G C rado Pqr a.. m.ftuma wl�n slelgm _,� — - - Og1P mm Freest OOt Yd' 3'd' 1Ya' Panel Weoe Mlootl P sage tliar Paw/Clover _- Wk ortr Bataroom qp3 Y8' R-0' t1e Panty wao0 AN Pohd -- --- gOJO Zd' R0' t1� venal Wom Fluese Bam/Slgnq_ - _- �-- WaA -- i.Wwe r winnow w tl • Ouantl OpOp on _ u sln_ __It oom oaa �c,.nurr.oalcemt kd-,s_r. .I riz� giea,/lu lee togame, —I l Li r. r n E ' a CASA �. IL LIL ASPEN J A p`-C 1 rgdo�t - r A2. 1 � ",✓ £ gyp. -rff'w, ✓ AJ::� E -..V�. C A e,:„..,� -� *n n• .,.:,,. x.b..:. «� wma.« evua«eom. wns�-..n 1 mw, r a I ..« _ wom bnw• ,:,a„wuo<m., °" w,n a �_ s..w }�, x cm.mn: Ow,+ov. v un i i i r �i a / ,r , n I 1 x I 4 f a �._.. x ASPEN _ � z -- �_ - , A2.2 4K'±, - t.. a r ti ` --------------------------- - _£-- .�_« t� w�N �kfst-L k .'--- }----- ---- CASA , Yr r I J� I , i P AS E N I ' tRoeo#i Al I . av v 61' Y I ,� : A3. 1 tr C� ' I i i t tt Y I I m. _ rr ----------- Ej ML ASPEN Y - -� p ._ tt - A4. 1 Y a. Justin Barker From: Robert Mehall <bob @rmarchitect.net> Sent: Tuesday, May 07, 2013 3:33 PM To: Justin Barker Subject: Re: 202 Lone Pine PUD amendment Attachments: Duncan site-parking plan 07may13.pdf Justin, Attached, please find a PDF file (8 1/2 x 11) with a partial site plan showing the proposed parking arrangement for 202 Lone Pine Road to get the 15 spaces required. We will park 3 cars inside the revised garage and a 4th car in the southwest corner of the concrete driveway. This way we maintain the existing four parking spaces related to Unit#1 on the LCE (Limited Common Element) that belongs to Unit#1 on the south side of the building. The remaining 11 spaces will be located in the GCE (General Common Element) lot to the east of the building. Currently the site plan &survey 7 space on the west side of this lot, but looking at the city's requirements(26.515.020) 1 see that a standard off-street parking space needs to be 8 1/2' wide by 18' long. Using this width, we can get 8 spaces where there are'currently 7 spaces. Also the resident currently parallel park along the east (street side) of the lot. I am showing 3 21' long parallel spaces here. Please review and let me know if this layout will work.Also, are there any issues other than the parking that are of concern to you approving our amended PUD? Thanks, Bob Mehall Robert Mehall/ARCHITECT, Inc. Post Office Box 5506 Snowmass Village, CO 81615 t/f: 970.923 .8946 On 5/7/2013 11:17 AM,Justin Barker wrote: Hi Bob, I have been looking over your application for a PUD amendment for 202 Lone Pine in the Mocklin Subdivision. Ordinance No. 35, Series of 1995 states that 15 parking spaces were approved under special review from the Planning and Zoning Commission. This number cannot be reduced, and currently there aren't even 15 spaces(It looks like there are only 11 total designated spots, 7 on the side and 4 in the garage). Parking in front of the garage does not count toward that number for a multi- family building. In order for this application to be reviewed administratively, then the number of designated parking spaces must be brought back into conformance. Otherwise this project will have to be reviewed by a board if you would like that number of spaces to be reduced below 15. If you have any questions about this please feel free to contact me. Justin Barker, LEED Green Associate, CNU-A Planner Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2797 www.aspenpitkin.com LEED GREEN ASSOCIATE` Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 2 ------------------------------ MOCKLIN CONDOMINIUM BUILDING GCE 2 STORY WOOD FRAME-STUCCO CONSTRUCTION SPACE #6 GARAGE FINISHED FLOOR UNIT# 1= 7910.0-SITE/100'-0" -ARCH W uNif #I CD TACK #7 5FAC5 #3 TACF #2 5rAa #1 5rpa #5 - 5WA #9 GCE 79 0 4, Wa #10 I ' - SPACE; #15 r LCL'-UNIT 1 GCE �.. GCE FAP\ N6 FAF\fl 51 PLAH l ! itrin`�Y y r nor 202 LOl F FN F\OAP 07 mm I THE CITY of ASPEN Land Use Application Determination of Completeness Date: April 29, 2013 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0027.2013.ASLU —202 Lone Pine Road, PUD Amendment. The planner assigned to this case is Justin Barker. ❑ Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, 7 nnifer P"el Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No Subdivision, SPA, or PUD(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No 7K— Commercial E.P.F. As 1 LA 0 PROJECT: ATTACHMENT 2-LAND USE APPLICATION ,APR PROJECT: 2 ?413 1'y OF ASPEN DEVELOP [Name-. MENT Locationw.: (Indicate street address, Parcel I D#(R EQU I R E D) lot&block number, legal description where appropriate) 2-73-7 67:!> - APPLICANT: Name: Address.- PhotIL 1 b Ok xL 4-31, 111ionc#': E 8 RFPRESVN'TATRT,: Name: Inc Address:Address: 46b W llhonc.4': 170, q7'? Ti-PE OF APPLICATION: (please check all that apply): &r m 4,rcj/,; t;r, ❑❑ GMQS Exemption Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ESA 8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin, Hallam Lake Bluff, condoininiurnization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split Small Lodge Conversion/ ❑ Residential Design Variance ❑ 1.0t Line Adjustment Expansion El Conditional Use El Other: 11--s' reviousa EXISTINGCONDITIONS: (desc ption of existing buildings, rovals, etc.) 6 1 1 4-C640 " 1A I W1 1 4—_-"A40' PROPOSAL: (description of proposed.bui I dings,uses, modifications,etc.) (?&14V 4— 1 �Al 0�_ ko0r-��4_ �4N'Isk I - C�AP Cot 9�71,7"':_ I" talk V-4i*I Have you attached the following? FEFs DUE:S Pre-Application Conference Summary Attachment 41, Signed Fee a Response to Attachment#3, Dimensional Requirements Form ❑ Response to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards 3-D Model For large project All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ATTACHMENT 3 �,p/ DIMENSIONAL REQUIREMENTS FORM Project: Ym� f _ 105, 1 Applicant: Location: Zone District: - A141 Ebb Lot Size: �? ] 6 Lot Area: (for the purposes of calculating,, 1,loor Area, Lot Area may be reduced for areas within the high water mark. easements, and steep slopes, Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: F.:visting: }±�.,�+, Pro Bused.. Number of residential units: Existir� r: l • ----------- �� " Propose d � - Number ofbedrooms:�i Proposed:_ t Proposed % ol'demolition (Historic properties only): DIMENSIONS: Floor Area: Evisl '11762. Allon�nble: -- Principal bldg. height: Iaisiin�r: n __ — - flllotiruble: Propose(,[- Access. bldg. height: I;xisling: Allowable: - � Proposal.' ►'�py�, On-Site king ar -- p Fxi.ciin, ��j Rec uned: - `% Site coverage: 1 vi.ti�ling: Rer uued� f> - l roposed: % Open Space: Existing: zrircd- - Front Setback: E_rislin;: - Required: Proposed: Real- Setback: Exis7in, -- Required.- Proposed.- ., -- -_ Combined F/R: Exisli/, .- -- ---Required: - --Propose�L Side e Setback: Exialing: - Required: Side Setback: Exis ling:------ - Required: --- Proposed: 'om ined Sides: Existing:--- __--Rcqui-M. - Propos,ed: Distance Between Existing Rcc utrcci: Buildings F�xisting non-conformities or encroachments: �p Variations requested: ^ ' . '�����=������ �� �_0������ . __ _ �� �/�� ��/�_� / - �.c^ ( ` APR '2A ?011 `~ - "A" ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application ees ' An agree ent between the Cj!y.of Aspen("Citv-)and Phone No.:713.8252894 P'Ooerty Casa Aspen Management LLC Address Of 202 Lone Pine Road, Unit#1 Billing 109 North Post Oak Lane #431 Property- Aspen, Colorado 81611 Address, Houston, TX 77024 (subject of (send bills here) - ' | understand that the City has adopted,via Ordinance No. Series u(2O11. review fees forLandUsouppVcadons , and the payment of these fees is a condition precedent to determining application uomp|ananpso | understand . .' that as the property owner that I im responsible for paying all fees for this development application, ^ _ For flat fees and referral fees: | agree m pay tnpfollowing fees for the services indicated. ! understand 'that these fiat fees are noomhundab|c, , SO 0sd�eho, 8�deot OeP6 ^ 0 ��/h*n�n,_3a|od Dept GO flat fee for Select Dept S O flat fee for Select Review For deposit cases only: The City arid | understand that oounuoo of the aize, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. | understand Not additional xoy(o over and above Na Uopcwii may accrue. | understand and aQeo that it is impracticable for Qty staff to complete processing, evie%v. and presentation of sufficient information to enable legally required findings tobemade for project consideration,unless invoices are paid infull ' The City and | understand and agree that invoices mailed by the City io the above |/gad billing address and not returned to the City shall he considered by the City as being received by me, ) agree N mm,( payment within 30 (lays n/presentation o(no invoice by the City for such services | have read, understood, and agree to the Land Use Review Fee Policy including conSCqUC1`1CeS for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. | understand that payment of deposit does not render an u»p|ioaUun complete or compliant with approval chho,io. If actual recorded costs exceed the initial deposit, | agree to pay additional monthly hi||iuyo to the City N m|mbusa the City for the processing ofmy application a|the hourly rates hereinafter stated. 1300 m4 deposit for hours o[Community Development Department staff time. Additional time above the deposit amount will be bil|nu'atSnu5 per hour, U O Sdeposuhz, hours o/Engineering Department staff time.Additional o~c above the deposit amount will be billed atS2S5 per hour. . City o,Aspen: p � Chris Bendon Cnmmuni�Dp"n|op*nznt Di�umr / City Use: 1300 Title: IL—A Fees Due:S Received:$ City of Aspen 1130 S.Galena St.1(970)920-5090 O d 2 7- 20 l 3,ASt-Gl CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: March 12, 2013 PROJECT: Mocklin PUD REPRESENTATIVE: Robert Mehall, 970.923.8946 DESCRIPTION: The Applicant is interested in making some changes to condominium Unit 1 of the Mocklin Subdivision, 202 Lone Pine Rd, which includes enclosing the space that is exclusive to Unit 1, thereby creating a separation from the mechanical equipment that is common to the adjacent units, and converting a parking space into the unit's net livable space. The Mocklin subdivision is an eight-unit residential multi-family building that consists of 7 affordable housing units and one free-market unit. Unit 1 is the free market unit within this building. The subdivision was originally built in 1996 (Final Plat Book 39, Page 92). The lot is zoned AH/PUD. The PUD requires 15 parking spaces to be maintained on-site, .40:1 FAR, and 60% open space. Staff believes these changes can be handled administratively through an Insubstantial PUD Amendment. The Applicant will need to respond to the criteria for Insubstantial PUD Amendments, section cited below. The Applicant will also be required to provide a letter of HOA/Architectural Committee approval for the intended changes. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures ' 26.445.100 PUD Insubstanfial Amendments Review by: • Staff for complete application • Planning Staff for Insubstantial PUD Amendment Review APR 2 2 2013 Planning Fees: Planning Review—$1,300 for four (4) hours a t ° ter VELOMEi Total Deposit: $1,300 (additional planning hours over deposit amount are billed at a rate of$325/hour) To apply, submit the following information: E Proof of ownership with payment. 0 Signed fee agreement. Q Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. E Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages,judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. D Total deposit for review of the application. 0 2 Copies of the complete application packet and maps; 2 large set of drawings. 0 An 81/2" by 11"vicinity map locating the parcel within the City of Aspen. El Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Com determined not to warrant. un Development Department if the project is t a survey document.) -- ��, ...., � ity ity ID A written description of the bposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 0 Copies of prior approvals. 0 Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. 2 Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. CASA ASPEN MANAGEMENT,LLC 109 N. POST OAK LN, SUITE 431 HOUSTON,TX 77024 713-825-7024 City of Aspen Community Development Department 130 South Galena Street Aspen,Colorado 81615 Dear Sir or Madam: I,John H.Duncan,Jr.,have authorized Robert MehaIVARCHITECT,Inc.to act on my behalf.The physical address of Casa Aspen is: 202 Lone Pine Road,Unit 1 Aspen,CO 81615 Robert Mehall's contact information is as follows: Robert MehaIVARCHITECT,Inc. Post Office Box 5506 Snowmass Village,CO 81615 T/F: 970-923-8946 Please let me know if you need any additional information. Thanks. John H.Duncan,Jr. President P,lffccl Detail littp://www.pitkinassessor.or,,/assessor/,'Ilarcel.asp'!AccountNLinibei- Pitkin County Assessor Parcel Detail Information :\Sscssol- Pwpei-tN Search I Assessor Subset Query I \sscssoi- S SL11cs - ----car c -1-1, (, ler &, Recorder IZccelition Search I Treasurer Tax Search Search GIS I - I GIS Help Basic Building Characteristics I Value Summary 1-)Ictail Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owiei- Detail I Land Detail I Pliotogn-arlis Tax Account Parcel Property 2012 Mill Area Number Number Type Levy 001 8016720 273707384001 CONDO 32.325 r4 Primary Owner Name and Address !CASA ASPEN MANAGEMENTLI.0 109 NORTH POST OAK 1,N 44-31 HOUSTON, TX 77024 Additional 0\A-11el- Detail Legal Description Subdivision: MOCK1,IN CONDO Unit: I Location Physical Address: 202 LONE PINE RD ASPEN Subdivision: MOCKLIN CONDO Land Acres: Land Sq Ft: 0 2012 Property Value Summary 1 0t,3 3/18/2013 11:32 AM Parcel Detail http://www.pitkin essor.org/assessor/Parcel.asp?nccountNumber .. a Actual Value Assessed Value Land: 01 0 Improvements: 989,100 78,730 Total: 989,100 78,730 Sale Date: 10/17/2012 Sale Price: 950,000 Additional Sales Detail Basic Building Characteristics Number of Residential l Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 0 Characteristics WOOL)DECK: 1.115 TOP FLOOR AREA: ',1,539 FINISHED GARAGE: 1.032 FIRST FLOOR: 107 Total Heated Area: 1,646 Actual Vear Built: 1968 Bedrooms: 3 Baths: Finish Quality: GOOD MAIN [' Location Rating: Typ I,OC Neighborhood: MOCKI.IN CONDO Super Nbad: EAST ASPEN CONDO T� of Page .Assessor Database Search Options 1'itkin Count� II��ml Pzl�e of 3 1 11 A 4 pm-ccl Detail littp:,//www.pitkinassessoi-.or(,)/,assessor,/Ilai,cel.asp'!ACCOLintNuiTibei- Pitkin County Assessor Parcel Detail Information Clci-k I\)ccoi-dei- Rcceptl()n Se"ii-cli 1 i"2,ssut-cr I Lt� GISIN-lap Icip Oc!,- Tax Account Parcel 2012 Mill Area Property Type Number Number Levy 11oUSING 001 8016721 1273707384002 -12.325 A UT 1 I Primary Owner Name and Address 11MOCKLIN FJOA LLC 1"0 BOX 807 ASPEN, CO 81612 Legal Description Subdivision: MOCKLIN CONDO Unit: 2 Location Physical Address: :i202 LONE PIN' RD ASPEN Subdivision: '!MOCKLIN CONDO Land Acres: Land Sq Ft: 0 I of 3/18/2013 11:32 A N1 Parcel Detail littp://www.pitkin, essor.or(,,/assessor/Parcel.asp'.'AccountNiiilibcl, 2012 Property Value Summary Actual Value Assessed Value Land: 0 0 Improvements- 214M00: 17M31W Total- 14,000! 17,030 Sale Date: ;!8/28/1998 ------------------- ----------Sale Price: !'94,440 c i(.', Basic Building Characteristics Number of Residcntial!� Buildings: Number of Comm/Ind ;0 Buildings: Residential Building Occurrence 0 Characteristics FIRST FLOOR: 11.392 Total Heated Area: 1.392 Actual Year Built: :1968 Bedrooms: Baths: 12 Finish Quality: TY P M A I NT Location Rating: TYP IOC Neighborhood: MOCK[JN CONDO Super Nbhd: ASPFN CONDOS -l'itkin COLMV, i 1k)JIle J)j�2 The 11itkin County Assessor's Offices make every effort to collect and maintain accurate data. however, I Q'-)O l: 1 1 1 A NA Parcel Detail littp:,,/ww\,,.pitkinassessor.oi-tl,,"assessor,/Pai-cci.asp'.IACCOLilitN umber Pitkin County Assessor Parcel Detail Information L5cl.\ As'sc,"Sol- Sa1CSSCL11-C11 Recoi-dei- Recertion SCa1'cll I SCLffch (,IS 1,q) (;IS I l e ll? I'L I VC 12 J-) t,1 i I S'lics DciLllii Lind Tax Account Parcel 2012 Mill Area Number Number Property Type Lev HOUSING 001 R016722 11 273707384003 32.325 A UTI I Primary Owner Name and Address MOCKLIN 110A 1,LC !:PO BOX 807 ASPE.N, CO 81612 Legal Description :Subdivision: MOCK1,1N CONDO Unit: Location Physical Address: !202 t,ONI-" PINE RD ASPE'N Subdivision: IMOCKLIN CONDO Land Acres: Land Sq Ft: 0 I ot'3 )/191/')01'1 I l i i AM rarcei Detail http://www.pitkinqAkcssor.or,,/assessor/Pai-ccl.asp?Accou ntNumber ... 2012 Property Value Summary Actual Value Assessed Value Land: W 0: Improvements: 103,000 ii 8,200 Total. 103,000 8,200 Sale Date: '8/28/1998 Sale Price: j 394,440 Basic Building Characteristics Number of Residential' Buildings Number of Comm/Ind Buildings: Residential Building Occurrence 0 Characteristics FIRST FLOOR: ,569 Total Heated Area: 1569 Actual Year Built: 1968 Bedrooms: Baths: I Finish Quality: TYP MAINT Location Rating: Typ LOC Neighborhood: MOCKUN CONDO Super Nbhd: ASPFN CONDOS 111tkin COUM1 I 10111C 1)�11-1k2 --------------- The 111tkin County Assessor's Offices make every effort to collect and maintain accurate data. I lowever. 2 of"I ANA Parcel Detail littp:/'/www.pitkiiiassessor.or()/assessoi-/'Ilai-cel.asp'!ACCOL]jitNuilibei- ,Pitkin County Assessor Parcel Detail Information ,\s, 'essol- 1'i-opet-tv Searcli I Asscs,,Ci- Ic 1-\ Assc,""ol- Sale ............. GIS dap I 71-S lieT Detail Stic,, fktL111 Nio 1()'-' Tax Account Parcel i 2012 Mill Property Type Area Number Number Levy HOUSING 001 R016723 27-33707384004 A U1 H 2.325 ------------ ------- Primary Owner Name and Address WCKLIN HOA LLC IPO BOX 807 ASPEN, CO 81612 Legal Description SUbdivision: MOCKLIN CONDO Unit: 4 Location Physical Address: LONE PINE RD ASPEN Subdivision: 1MOCK1,1N CONDO Land Acres: Land Sq Ft: 0 01,3 3/15/2013 11:33 AM rafm vetaii http://www.pitkin essoi-.or,-/assessor/Parcci.asp"AccountNumher .� 2012 Property Value Summary Actual Value Assessed Value Land: i 0 Improvements-. - - - 57,0-0-0_ - 4,540 Total: 57,000 4,540'' Sale Date: 1,8/28/1998 Sale Price: '�394,440 Basic Building Characteristics Number of Residential li 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 0 Characteristics FIRST FLOOR: 689 -- Total Heated Area: 689 Actual Year Built: 1968 ----Bedrooms: 12 -- ------ Baths: 1 Finish Quality: TYP MAINE Location Rating: TYP LOC ----- --- — - Neighborhood: MOCKHN CONDO SuperNbad: ASPEN CONDOS ('ithin Co"Int% I Ionic I'zt c The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, .;IQ-,n, Pizrccl Detail http:i/www.pitkinassessor.org/assessor/Parcel.as p'.'A CCO Lin tN LI In bCl- Pitkin County Assessor Parcel Detail Information Asscssoi- 1)i-opci-tv Search I A. ;Cs"ol- QL!Ct.N I Asscssol- Salcs scal-C11 Clcl-k Rccoi-clel- Recertioll 11 1�S]'C VJILIC \'IJuc Dct"All S'iIcs lktall Rc')I'dc!-it1�1i Tax Account Parcel 2012 Mill Area Number Number Property Type Levy HOUSING 001 R016724 273707384005 i A UTH 32.325 Primary Owner Name and Address WCKLIN 110A LLC :PO BOX 807 ASPEN, CO 81612 Legal Description ,Subdivision: MOCKLIN CONDO Unit: 5 Location Physical Address: '202 LONE PINE ASPEN Subdivision: MOCKLIN CONDO Land Acres: Land Sq Ft: 0 1 ot'3 3181/20 13 1 1:3 3 AM Marcel Detail 000h, 11ttp://w%vw,pitkirWiikcssor.or�(,Y/'assessor/Parce1.iisp'.AccoL.ititNLiillber 2012 Property Value Summary Actual Value Assessed Value ---------_ ------- Land: 0 0 Improvements: 57,000' 4,540: Total: 57,00011 4,540: Sale Date: 8/28/1998 Sale Price: ;>94,440 �A; Basic Building Characteristics Ln Number of Residential: Buildings: Number of Comm/Ind 0 Buildings. -Residential Building Occurrence 0 Characteristics FIRST FLOOR: 1!677 Total heated Area: 677 Actual Year Built: 1968 Bedrooms: :2 Baths: I Finish Quality: 'TYP MAINT Location Rating: TYP l,OC Neighborhood: MOCKLIN CONDO Super Nbhd: ASPFIN CONDOS I'likin Cotilm 11�?mc Pate Tlie Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. I lowever. ()1'3 1.11 ANA I'Ll-cel Detail littp:/','w\vw.pitkinassessoi-.oi-(,,,/assessor/'Ilai-cel.asp'.'ACCOLItItNLliiiber Pitkin County Assessor Parcel Detail Information ---------- (1 i-k k, Recorder- Receptioii GISNILIJ) D,2UIii 11cl- )CL,;,I,i I )'�1�11 Nw Tax Account Parcel 2042 Mill Property Type Area Number Number i Levy HOUSING 001 8016725 -273707384006 1 32. 5 A U'Ff I Primary Owner Name and Address MIDDLETON FREDERICKA 25091ARRY11ILL Ill, AUS'T'IN, TX 78703 Legal Description Subdivision: MOCKLIN CONDO Unit: 6 Location Physical Address: ,202 LONE' PINE RD ASPEN Subdivision: MOCKLIN CONDO Land Acres: Land Sq Ft: 0 I of 1 9 0 11 1 1 d A M flarcel Detail 11ttp://www.pitkinarsessor.org/assessor/flarce1.asp'?AccouiitNuillber 2012 Property Value Summary Actual Value Assessed Value Land: 0 (Y Improvements. 107,100; 8,530! Total: 107,1001 8,5. 0'' Sale Date: 2/2/2010 Sale Price: 1250,000 ----------- Basic Building Characteristics Number of Residential Buildings- ---------- Number of Comm/Ind 0 Buildings: Residential Building Occurrence 0 Characteristics FIRST FLOOR: 683 Total Heated Area: :683 Actual Year Built: 11968 Bedrooms: �2 Baths: I Finish Quality: TYP MAIN Location Rating: TYP LOC Neighborhood: MOCKLIN CONDO Super Nbhd: ASl1lN CONDOS ilitkin County. I The 111tkin County Assessor's Offices make every effort to collect and maintain accurate data. I lowevcr, 1(2 101 1 A Nr Parcel Detail http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumhcr Pitkin County Assessor Parcel Detail Information Asscssoi SLiles S -c 1 Car--1, Clci-k & Recoirdcr Reception Search Fa\ (CIS S, '�,A!iU2 I)CU111 S�11,2S :,11"d C 11 1 lliwiok�! 'Fax Account Parcel 2012 Mill Property Type i Area Number Number Levy HOUSING 001 R016726 4273707384007 ! 32.325 AUTH Primary Owner Name and Address F MOCKLIN 1JOA I,IC PO BOX 807 ASPEN, CO 81612 Legal Description 'Subdivision: MOCKLIN CONDO Unit: 7 Location Physical Address: '202 LONE PINE RD ASPEN Subdivision: MOCKLIN CONDO Land Acres: Land Sq Ft: 0 I of'3 3/18/2013 11:34 AM rarcei uetaii 11ttp://www.pitkina.,,,sessor.or,,,/assessor/Pat-cc].asp'Accou11tNLiIIII)cr 2012 Property Value Summary Actual Value Assessed Value Land: 0 0 Improvements: 47,0001 3,740': Total- 47M00 3,740 —--------- Sale Date: :8/28/1998 Sale Price: 1394,440 Basic Building Characteristics Number of Residential Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 0 Characteristics FIRST FLOOR: :'86 Total Heated Area: 1386 Actual Year Built: 1968 Bedrooms: Baths: I Finish Quality: TYP MAINZ' Location Rating: TYP fOC Neighborhood: MOCKUN CONDO ---- ------ Super Nbhd: '��ASPFN CONDOS The Ntkin County Assessor's Offices make every effort to collect and maintain accurate data. I lowever. I ANA 11arcel Detail littp:,,'/Iww\v.pitkiiiassessor.or,,/asscssoi-/Parcel.asp'.ACCOLiniNuilit-)Ci- Pitkin County Assessor Parcel Detail Information A�sk_SSOI' Pwj)C!-t\ scal-C �2 SS 0 1 1Zccol-del- 1Zcccptioil sea'-C'l (,IS N'tap US i dell) I Lind 1) Tax Account Parcel 2012 Mill ' Pro pert�, '17ype Area Number r Levy Numbe 11OUSING 001 R016727 1273707384008 1 1 -32.325 A UTI I Primary Owner Name and Address MOCKLIN HOA LLC ;PO BOX 807 ASPEIN. CO 81612 Legal Description :Subdivision: MOCKLIN CONDO Unit: 8 Location Physical Address: 1202 LONE PINE RD ASPEN Subdivision: MOCKI,IN CONDO Land Acres: Land Sq Ft: 0 I ot'3 /IQ'-)1112 1 1.'A A N I Parcel Detail http://www.pitkina sessor.org/assessor/Parcel.asp`'nccountNuniber ..'. 2012 Property Value Summary Actual Value Assessed Value Land: 0i Improvements: 47,000 3,740 Total: 47,000 3,740', Sale Date: �8/28/1998 Sale Price: r --— ----- 1i.;i - it � tL"� l�L.12it1 Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 0 Characteristics --- -- ---- FIRST FLOOR. 378 — — -- --- Total Heated Area 378 Actual Year Built: ,1968 Bedrooms: �------------- --- -- -------------------------- Baths: 1 Finish Quality: TYP MAINT Location Rating: 'I YP LOC Neighborhood: MOCKLIN CONDO -' Super Nbad: ,ASPEN CONDOS ---- -- --- ----------------—---------- --- -- -- ---- ------------ .'+Carcll 017[IWTIN I'i11,11 Coulm 1 Ionic Pauc The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, of, 3!18201, 11_)=t nM Marcel Detail http://'www.pitkinassessor.org/assessor/Parcel-asp?AccountNLinibcr Pitkin County Assessor Parcel Detail Information Scarcli I Assessor Subset Query I Asscssoj- Sales Search Clerk Recorder Receptioii Sc Lir 11 I Treasurer Tax Search Search J I S-N"I GIS Help Basic Building Characteristics I Value Surrunai-,, ;)'trcel Detail I Value Detail I Sales—DetailR—esidertial/Cornercial IrnproX enent Detail Owner Detail Land Detail Photographs Tax Account Parcel 2012 Mill Area Number Number Property Type Levy 001 R020717 2737073384999 COMMON '25 AREA Primary Owner Name and Address MOCKLIN HOA COMMON AREA 202 LONE PINE RD ASPEN, CO 81611 Additional Owner Detail Legal Description Subdivision: MOCKLIN CONDO DESC: COMMON AREA Location Physical Address: 202 LONE, PINE RD ASPEN Subdivision: MOCKLIN CONDO Land Acres: Land Sq Ft: 0 I ot'2 Parcel Detail Or- http://www.pitkin ssor.org/assessor/Parcel.asp?AccountNumber ..' . r 2012 Property Value Summary Actual Value Assessed Value Land: 0 0 Improvements: 0 0 Total: 0 0 Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics ------ -- - -- --- -- ------------ - - - Number of Residential 0 Buildings: Number of Comm/ind'0 Buildings: No Building Records Found Top of Page Assessor Database Search Options Pitkin ('ounk 1 lome Pal-ye The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However. Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright © 2003 - 2012 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. oF2 3 IS;201 I I:i; AEI• Peter Mocklin 970q253668 P.1 . LETTR FOR APPROVAL FOR MOCKLIN CONDOMINIUM UNIT ONE Date: February 04.2013. President Mocklin Home Owners Association: Monica Mocklin Manager Mocklin Home owners Association : Peter Mocklin Owner of Condominium One Mocklin Condominiums John H Duncan Casa Aspen Management LLC 202 Lone Pine Road Aspen, Co. 81611 We Have reviewed plans prepared by the office of Architect Robert Mehall for the renovation of unit one in Mocklin Condominiums Building 202 Lone Pine Rd. Aspen Co. Dated January 15.2013 and approve the plans. Monica Mocklin Pr sident. Mocklin Ho, e Owners Association Date President. Mocklin Condominium Association Date Pet Mocklin rVia7zr. Moc lin Home Owners Association Date Manager. Mocklin Condominium Association Date stewa/ 1. titio Stewart Title- Aspen 620 East Hopkings Avenue Aspen, CO 81611 (970) 925-3577 Phone Date: April 26, 2013 File Number: 01330-24496 Please find the Ownership and Encumbrance Report that you requested. Thank you for choosing Stewart Title. Please feel free to contact me if you require additional information or would like to place an order with us on this property. Sincerely, A n7td Countersignature Linda Williams Title Officer stewar` tltio Stewart Title- Aspen 620 East Hopkings Avenue Aspen, CO 81611 WRITTEN OWNERSHIP AND ENCUMBRANCE REPORT Order No. 01330-24496 Date: April 26, 2013 Customer Reference: 202 Lone Pine Road Condominium Unit 1 Aspen, CO 81611 LEGAL DESCRIPTION: Unit 1, MOCKLIN CONDOMINIUMS, according to the Condominium Map recorded August 24, 1998 in Plat Book 46 at page 5 and as defined and described in the Declaration recorded August 24, 1998 as Reception No. 421013 COUNTY OF PITKIN, STATE OF COLORADO. APPARENT OWNER OF RECORD: Casa Aspen Management, LLC, a Texas limited liability company Deeds of Trust, Mortgages and Liens which purport to affect the above described property, as disclosed by the records of the Clerk and Recorder of Pitkin County, Colorado, through the effective date of April 12, 2013: 1. A Deed of Trust executed by Casa Aspen Management LLC, to the Public Trustee, to secure an indebtedness of $570,000.00 in favor of Amegy Bank NA recorded October 19, 2012 as Reception No. 593217. The liability of Stewart Title, its affiliates and associates, for any errors or omissions affecting or relating to the information appearing in this report is strictly limited to the amount paid for this report. The aforementioned liability is limited to the customer who ordered this report. There are no expressed or implied warranties assuring or representing that this report is reliable for title information, and therefore, should be verified by a Commitment for Title Insurance. No representation is made as to the completeness, validity, or legal sufficiency of the documents referenced herein, nor have any of such documents been examined to determine whether or not there are any exceptions, reservations, encumbrances or other matters which might be detrimental to Title. No search has been made for any reservations, restrictions, covenants, easements, rights of way, mineral interests, water rights, and any other encumbrances which are not a deed of trust, mortgage of lien. 9 onred Counimipature Linda Williams Authorized Representative of Stewart Title Order No.: 01330-24496 Page 1 of 1 Written OE Report STCO RECEPTION#: 593230, 10/19/2012 at 1: 1:34 PM, 1 OF 2, R $16.00 DF $0,00 Janice K. Vos Caudill, Pi n County, CO _-.._ ......__._.....�_, _---- _.__........_ ..._... WARRANTY DEED State Doc Fee: $95.00 THIS DEED is dated the 18th day of October,2012,and is made between Peter Mocklin and Monica M.Mocklin (whether one,or more than one),the"Grantor"of the County of Pitkin and State of Colorado and Cass Aspen Management,LLC,a Texas Limited Liability Company (whether one,or more than one),the"Grantee",whose legal address is 149 Post Oak Lane, Suite 431, Houston,TX 77024 of the County of Harris and State of Texas. 4 WITNESS,that the Grantor,for and in consideration of the sum of Nine Hundred Fifty Thousand Dollars and No Cents ( $950,000.00 ),-the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever,all the real property,together with any improvements thereon,located in the County of Pitkin and State of Colorado described as follows: See Exhibit"A"attached hereto and made a part hereof also known by street address as: 202 Lone Pine Road,Condominium Unit 1,Aspen,CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances: TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees,and the Grantees'heirs and assigns forever. The Grantor,for the Grantor and the Grantor's heirs and assigns,does covenant,grant,bargain,and agree to and with the Grantee,and the Grantee's heirs and assigns:that at the time of the ensealing and delivery of these presents,the Grantor is well seized of the premises above described;has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,and in fee simple;and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid;and that the same are free and clear from all former and other grants,bargains,sales,liens, l I taxes,assessments,encumbrances and restrictions of whatever kind or nature soever,except and subject to: General taxes for the year 2012 and subsequent years;and those specific exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s)in accordance with Section 8.1 i U� (Title Review) of the Contract to Buy and Sell Real Estate relating to the above described real property; distribution utility easements (including, cable TV);those specifically described rights of third parties not shown by the public records of which Grantees) has actual knowledge and which were accepted by Grantee(s) in w accordance with Section 6.2(Matters Not Shown by the Public Records)and Section 8.3(Survey Review)of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusion of the Property within any special taxing district; the benefits and burdens and of any recorded declaration and party wall agreements,if any. And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises,but not any ad/oining H vacated street or alley, if any, in the quiet and peaceable possession of the Grantees, and the heirs and assigns of the j Grantees,against all and every person or persons lawfully claiming the whole or any part thereof. ` w IN NESS WHE F,the Grantor has executed thi deed on the date set fort above. � I p vv c Peter Mocklin Mon a M.Mocklin H l:l 7 MAID State of Colorado { * in County of Pitkin ,o/,g/l.;a- 0 The foregoing instrument was acknowledged before me this��day of October, 2012 by Peter Mocklin a and Monica M.Mocklin. W { W 1 Q ; Q CTlAj�=PARKR Witness ha Jdal seal. a NOTASTATE OF Nota Public W M1g1 COviM,LXH pS/tg/yp�y My mmi expires: W W RECEPTION#:593216,10119/2012 at Stewart Titie File Number'. 01330.12545 09:4b:17 AM, Page 1 932A WARRANTY DEED STCO 1 OF 2, R $16.00 DF $95.00 Doc Code WD Janice K.Vos Caudill,Pitkin County,CO RECEPTION#: 593230, 10/19/2012 at 1� 1:34 PM, 2 OF 2, Janice K. Vos Caudill, Pitkin Countg .A EXHIBIT"A" LEGAL DESCRIPTION Unit 1, MOCKLIN CONDOMINIUMS, according to the Condominium Map recorded August 24, 1998 in Plat Book 48 at page 5 and as defined and described in the Declaration recorded August 24,1998 as Reception No.421013 COUNTY OF PITKIN, STATE OF COLORADO, Stewart True File Number: 01330-12545 Page 2 932A WARRANTY DEED STCO ��1,�,j4\zf r.ti�•x r...Y t �.:'i.�4 �� �7 `{, +, y�„�.a a vFQ\� � L�1 O''`+y •'`_:""'g'z� �.S�i� rte ,}1. 9 �'. �u.a "~ °ti'z �+yi S ��C.•,T,. S'\ r 7..�. 7 r ti,l •t 1 a �`�+�+a. ��4,�..� ..'i i•� t- 9 +��^..��y J' �c l a-- > pi Ff . F� r '� • � �ttF�x Y'4`��a,'< �, �� #'1 4 i�Y `�f���`r�' �/F'X%P ��fJ�� �,,,,.«+w,,,r � •. 1, f t' COURSE �t�t ! - ur'`a � Y..et d1 '� is .` �+ " i t 1 �,s.,,,�}j3 +•+Y'�) ��,_7 b >r + �$ ddd� s`t f y ... ��Wrd �"•!ta j 't @�,��r{i�rj j1#��r ���!��F�s9 tl, �, *r{ ,. ��.4+t. aN A CTS'. i ..,�... tt t t,a+� ��i l `ti,• . £ --�t v 4�.+f d '';a jjj',�.jj,, ¢ ak,.4a ♦ y r * " "`,.Awn ttr �� !! �%e' e�• ` 4—W ae fl'y,•. ti �4 �'•i"��*z +a .,s�C � ,'`4,` • ��fi4�-'`� � rtppp,,� �' w Mir �'+,�.a.,� ,� ►. 'w�,� �� � rr � `'`+�5 + �� t�`t� iS� .�x � '�.`cy '�'_ �, � �t�4r��.�gt• ita i."�,R'i�����q.`-`f$` `F�. � �. +��'� '{(�.g}t f . �4 �'�, `k � ��1f.- ''`��� • Sr r.a.;_. R a �t f r��� h P ' "4._ '' f� tt �s �{ k bYs�• "?r3 - l�,�f �a s,�� r� _ �,K'� �a;• '`'S�"^c,°, ,,t. b' � "' t f " „4 day.• K '\ ! 'S, �,d h } >�r� t,�`.. t �} � '"4 `'fr'4i1„� F4 �t `� t ',4y �I�`'�,a' `�• 4 s VICINITY MAP SCALE: 1""=200 ' GENERAL UTILITY NOTE; robert mehall ARCHITECT memorandum to: City of Aspen/Community Development from: Bob Mehall date: 22 April 13 re: PUD Amendment Duncan Residence Remodel—Casa Aspen 202 Lone Pine Road, Unit I —Mocklin Condominiums Aspen, Colorado This project will remodel the only free-market unit in an 8 unit multi-family building built in two phases at the end of the 1960's. The other 7 units are employee units controlled by the local housing authority. Unit 1 occupies floor space on all three levels of western half of the existing wood framed three-story building. We have previously submitted for a permit(0015.2013.ARBK)that calls out remodeling the interior finishes of the Upper Floor. We would also like to remodel the Ground and Lower Floors of Unit 1. Ground Floor—Sheet A2.2 Currently, the ground floor of Unit 1 is an Entry Foyer and a 4-car garage with a toilet room and storage room. The owners would like to convert one stall/bay (the western most stall adjacent to the Entry Foyer) of the Garage to habitable space which would function as a Mudroom as well as a connector to the Lower Floor. We would relocate the existing toilet into a new en-suite bath (room 107 on the plans) for the existing storage room which would now be a Bedroom(Bedroom#1, room 106 on the plans). To the south of this new bathroom we would create a new Laundry Room (room number 105), currently the Laundry facilities are located on the raised step portion in the northwest corner of the existing Garage. Also off the new Mudroom (room 103)we would add an Office (room 104)to replace that function. And the existing stairway to the Lower Floor will remain (rebuilt to meet code) The northeast corner of the Garage currently has the main electrical panel servicing the entire building as well as a stairway down to the lower floor which contains the mechanical equipment(boiler& water heaters) for the eastern half of the building(3 units of Phase 1). Our plans call out for a new dividing wall to close the stair and electrical panel off from the remainder of the Garage. This area(Common Area#3/room 100) would still allow access to the shared mechanical equipment below, while affording privacy and security for the personal belongings of the owner of Unit 1. Outside, we are proposing a new planter over the small portion of space where the Lower Floor extends out past the south wall of the Ground Floor at the new Mudroom. To the south of the planter we are proposing a new 3- tiered window well to provide light, ventilation and emergency egress to the Lower Floor. To the south of the window well we are showing a new brick paved area at the current concrete driveway. This brick area leads to a new brick paved Entry Porch leading to the redesigned front/entry door. The porch also includes a brick bench and guardrails as required by code at both the east and west sides. Lower Floor—Sheet A2.1 Currently, the lower floor is one open space with the mechanical equipment(boiler& water heater)for the western half of the building(5 units of Phase 2) in the northwest corner. We are proposing to relocate and replace (original boiler— 1964)the existing equipment to a space (Common Area#2/room 002)that would be accessible from the existing mechanical room (Common Area#I/room 00 1)of Phase 1 noted above. This location also puts the boiler under the existing boiler flue which runs straight up through Unit 1. post office box 5506 snowmass village colorado 8 16 15 t/f:970.923.8946 bob(a�nnarchitect.nd b till robert mehall ARCHITECT As mentioned above we are proposing a new window well to open up a portion of the south wall of the lower floor to make a new Family Room (room 004)with windows for light, ventilation and emergency egress. Also in the new Family Room, we are showing a new bathroom (Lower Bathroom/room 003)and Wet Bar along with bunkbeds. In conclusion, we would like to address the conditions of Insubstantial Amendments(section 26.445.100 A): t. A change in the use or character of the development. - Still a single-family unit in a multi-unit building. 2. An increase by greater than three percent(3%)in the overall coverage of structures on the land. -New window well to be located in existing driveway, so no change. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. - Still a single family unit in a multi-unit building. 4.A reduction by greater than three percent(3%)of the approved open space. -NO change in open space 5. A reduction by greater than one percent(1%)of the off-street parking and loading space. - While we will lose one parking spot with the elimination of the 4`h garage bay, the entire driveway on the south side of the building belongs to Unit 1 and any parking related to Unit 1,will occur in this driveway/Auto Court. 6.A reduction in required pavement widths or rights-of-way for streets and easements. -No change requested or needed. 7. An increase of greater than two percent(2%)in the approved gross leasable floor area of commercial buildings. - not applicable. 8. An increase by greater than one percent(1%)in the approved residential density of the development. -NO change requested. 9.Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the prgiect's approved use or dimensional requirements.-No change requested, still a single-family unit in a multi-unit building. post office box 5506 snowmass village Colorado 8 16 15 t/f:970.923.8946 bob(a�jmarchitcct.net 389441 B-902 P-7b5 12/c0/95 09:49A PG 1 OF 10 REC SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 51.00 DOC NI 51. ORDINANCE N0. 35 (SERIES OF 1995) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION, MAP AMENDMENT, AND VESTED RIGHTS STATUS FOR THE CREATION OF SEVEN SUBDIVIDED PARCELS AND THE REZONING OF THE SEVENTH PARCEL FROM RESIDENTIAL/MULTI-FAMILY(A) TO AFFORDABLE HOUSING, LOCATED AT 0202 LONE PINE ROAD, ASPEN, COLORADO. WHEREAS, the applicants, Peter and Monica Mocklin, have submitted an application to subdivide their property, 0202 Lone Pine Road, and to rezone the seventh parcel from Residential Multi- Family (R/MFA) to Affordable Housing (AH) ; and WHEREAS, the applicants, also request vested property rights; and WHEREAS, the applicants, also request special review for the establishment of open space, parking, and amended floor area ration as required in the AH zone district; and WHEREAS, the Planning and Zoning Commission (Commission) reviewed the development proposal in accordance with those procedures set forth at Section 24-6-205(A) (5) (b) of the Municipal Code and did conduct a public hearing thereon on June 6, 1995; and WHEREAS, upon review and consideration of the special review standards for parking and open space, and the necessity to establish the floor area ratio standard of the AH zone district with the existing parcel and development on the parcel as contained in Chapter 24 of the Municipal Code, to wit, Division 4 of Article 7 (Special Review) ; and WHEREAS, the Commission approved the special reviews for parcel 7 of the Mocklin Subdivision establishing 15 on-site parking spaces, approximately 600 of the site as open space as defined in 1 388441 R--802 P-766 12/20/95 09:49A PG 2 OF 10 the Municipal Code and an allowable floor area ratio of .40:1; and WHEREAS, upon review and consideration of the application for rezoning, subdivision, agency and public comment thereon, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 10 of Article 7 (Subdivision) , Division 11 of Article 7 (Amendments to the Official Map) the Planning and Zoning Commission has recommended approval of the Mocklin Subdivision application subject to amended conditions, to the City Council; and WHEREAS, the Aspen City Council has reviewed and considered the subdivision and rezoning under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and WHEREAS, the City Council finds that the subdivision and rezoning meets or exceeds all applicable development standards and that the approval of the subdivision and rezoning with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1• That it does hereby grant a subdivision and rezoning of 0202 Lone Pine Road, to the City of Aspen, Colorado. 2 388441 B-802 P-767 12/20/95 09:49A PG 3 OF 10 Section 2• Pursuant to Sections 24-7-].001 of the Municipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the subdivision: 1. The applicant's submission is complete and sufficient to afford review and evaluation for approval. 2. The subdivision is consistent with the purposes of subdivision which is to assist in the orderly and efficient development of the city and safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser. 3. The subdivision is well-planned and complies with the standards for the design of a subdivision. Section 3• Pursuant to the findings set forth in Section 2 above, the City Council does hereby grant subdivision approval for the Mocklin Subdivision subject to the following conditions: 1. Any costs for new public services that must be installed or upgraded shall be borne by the applicant including a sidewalk, curb and gutter if required. Existing overhead utilities entering the site shall be undergrounded. 2. Prior to the issuance of any building permits, the applicant shall submit a subdivision plat and site plan and Subdivision Improvement Agreement in accordance with Section 24-7-1004.0 and D of the municipal code for review by the Engineering and Planning Departments and the City Attorney. The final Subdivision plat and agreement must be filed within 180 days of final approval or subdivision approval is void. The final plat shall also be submitted on a 3.5" diskette in DXF format compatible with the City/County GIS ArcInfo system. The base data for the parcel prior to subdivision shall be obtained from the City/County data processing department to ensure that the subdivision DXF file fits the GIS system. 3. The Subdivision agreement shall include the following: a. letters from all utilities that they have inspected and approved the final development plan; b_ restrictions against future installation of fireplaces and woodstoves; 3 388441 S-80c '-768 12/:0/95 09:49A PG 4 OF 1Q C. language restricting parking from the private drive and emergency access drive on Lot 3; d. language limiting signage to Dead End Street or Not a Through Street, signs that state private drive, private property shall not be permitted; e. financial assurances that are approved by appropriate City and utility staff prior to recordation of agreement; f. recorded deed restrictions, subject to the regulations in effect at the time the deed restrictions are recorded, for the seven affordable housing units shall be effective when a building permit is issued or within 7 years of final approval of the subdivision by Council whichever is earlier, with the proviso that the deed restrictions may be released if circumstances change such as the subdivision plat and approval is made invalid; g. a tracking mechanism to ensure that recordation of the employee housing deed restrictions occurs prior to the issuance of any building permits for individual free market homes; h. a list of the following categories that apply to the deed restricted units: Unit 2 - 1,470 sq.ft. - category 3 Unit 3 - 630 sq.ft. - category 2 Unit 4 - 690 sq.ft. - category 1 Unit 5 - 760 sq.ft. - category 1 Unit 6 - 760 sq.ft. - category i Unit 7 - 470 sq.ft. - category 1. Unit 8 - 370 sq.ft. - category 1 i. language stating that a deed restriction shall be recorded for Units 2 and 5 prior to the issuance of the first building permit for the free market parcels, followed by the remaining units according to size until the last and smallest dwelling unit has been fully deed restricted; j . a floor plan of the existing units indicating the units 1-8 consistent with the square footage and representations; k. no tracking of mud during construction shall be permitted on city streets during construction; 1. language stating that the subdivider hereby acknowledges the sidewalk snow removal. requirements of 4 388441 P-80-2 P-769 12/20/95 09:49A PG 5 OF 10 Article VIII in Chapter 19 of the City Code and covenants that, upon activation of the subdivision homeowners association, the association will immediately assume responsibility for snow removal for the Gibson Avenue sidewalk adjacent to the homeowners' properties and the future sidewalk on Lone Pine Road. This language shall also be included in the subdivision covenants; m. language stating that prior to the issuance of any building permits driveway/access site plans for each parcel shall be submitted for review to the Parks Department and Planning staff to ensure minimum disturbance outside of the building envelope for necessary access drives; n. a construction schedule that outlines completion dates - - - - for public improvements, general infrastructure, grading plans, planting schedule etc. ; and o. security for public improvements and landscaping shall be provided to insure performance of construction of public improvements and proposed landscaping. 4. The final Subdivision plat and plan shall include the following: a. all transformer and utility easements; b. identification of new street lights; C. future sidewalk, curb, and gutter. The sidewalk must meet ADA access requirements (no steps) , including the transition to the street; d. a detailed landscape plan approved by the Parks Department; e. revised building envelopes on Lots 1, 2, & 3 as submitted for Council's review August 28, 1995 and the revisions to the driveway/access (primarily in order to preserve to the maximum extent possible, the small aspen grove on the northeast corner of Lot 6) and Lot 3 as submitted for Council's review September 11, 1995. f. a note prohibiting parking in the emergency access drive on Lot 3; g. notes preventing future development, including without limitation landscaping (other than native vegetation) , fencing, patios, decks, hot tubs, and all other development outside of the building envelopes to protect the natural landscape; and 5 388441 R-802 P-770 12/20/95 09:49A PG 6 OF 10 h. a grading plan and profile for the entrance to the subdivision and entire private drive. 5. Prior to the issuance of any building permits: a. tree removal permits from the Parks Department shall be required for the removal of any trees 6" in caliper or greater and any trees proposed to be saved shall be protected during construction, including no digging in the drip line; b. the applicant shall file, with the Environmental Health Department, a fugitive dust control plan and construction and soil moving plan that adheres to the Institutional Controls established for the Smuggler Superfund site and administered by the Environmental Health Department; C. a deed restriction for an employee dwelling unit shall be filed with the Housing office. The deed restriction shall adhere to the Housing standards and guidelines in effect at the time of recordation; d. a storm drainage plan and landscape plan shall be reviewed and approved by appropriate City Departments; and e. building envelopes shall be staked to ensure compliance with restrictions of said building envelope. 6. Prior to recording the final plat: a. the applicant shall enter into an agreement with the Engineering Department to construct sidewalk, curb and gutter in the future; and b. the applicant shall determine if a RFTA bus stop easement is necessary adjacent to Lot 6 of the subdivision and location and size shall be indicated on the final plat. 7. Any irrigation system that is installed shall be incompliance with the Water Conservation Code. 8. The applicant shall maintain the historic runoff patterns that are found on the site. 9. The applicant shall agree to join any future improvements districts which may be formed for the purpose of constructing improvements in the public right-of-way. 6 388441 R-8O2 P-?, l 12/20/95 O9:49A PG 7 OF 10 10. At the completion of each phase of the work, the applicant shall submit a statement by a registered professional land surveyor that all required survey and property monuments remain in place or have been re-established as required by Colorado Revised Statutes. 11. Prior to issuance of Certificates of occupancy for the various phases of the project, the applicant shall submit reproducible mylar as-built drawings of sidewalk, utility improvements, and all other work located within the public rights-of-way, showing horizontal and vertical locations within 1 foot accuracy of all utilities, including their size and identification, together with any other features encountered during excavation within the rights-of-way. The as-builts shall be signed and stamped by a registered professional engineer. The as-builts shall also be provided to the City on a 3.5" diskette in DFX format compatible with the City GIS Arclnfo system. The base data for the parcel shall be obtained from the City/County data processing department to ensure that the subdivision DXF file fits the GIS system. The as-builts shall include the building footprints and site improvements. 12. Ail lighting fixtures will face downward and be shielded to eliminate the potential for glare or nuisance to neighboring properties. Lighting along the walkways and driveways will be low to the ground (approximately 3' in height) and shielded. 13. All work in the public right-of-way shall require a permit from the streets department. 14. During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 am. and 10 p.m. 15. Creation of the six free market parcels shall be conditioned upon the deed restriction of seven of the existing dwelling to category 1 and 2 in compliance with the Affordable Housing Guidelines in effect at the time of recordation of the deed restrictions. 16. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Section 4: That it does hereby grant a rezoning for Parcel 7 of the Mocklin Subdivision Aspen, Colorado from residential multi-family (R/MFA) to affordable housing (AH) with the following condition: 7 I - 10 388441 8-802 G-77c 12/20/95 09:49A PG 8 OF 10 1. The existing floor area ratio, density and free market/affordable housing mix shall remain the same unless amended by a substantial amendment to the Mocklin subdivision approval. Section 5• The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby amended to reflect those rezoning actions as set forth in Section 4 above and such amendments shall be promptly entered on the Official Map in accordance with Section 24-5-103B of the Municipal Code. Section 6• All material representations and commitments made by the developer pursuant to the approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. section 7- Pursuant to Section 24-6-207 of the Municipal Code, the City Council does hereby grant the applicant vested rights for the Mocklin Subdivision as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which s 388441 P-802 F'-773 12/20/95 09:49A PG 9 OF 10 are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 8• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 9- If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 10: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following- described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 11• That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 12• A public hearing on the Ordinance shall be held on the _ of 1995 at 5:00 in the City Council Chambers, Aspen City Hall, As n Colorado, fifteen (15) days prior to which hearing a public not e of the same shall be published in a newspaper of general 9 -- -- - 7 388441 «sue. R-802 74 12/20/95 O9:49A PG 10 OF 10 circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the /b'4�ay of 1995: l� 2NV�J" John bennett, Mayor A es athryn KO Ch, City Cler FINALLY, adopted, passed and approved this day of c 1995. / John Ben ett, Mayor Kathryn Ro h, City Clerk 10 — — T_ --- SUBDIVISION MGR FENyM MR MOCKLIN Sr DIVISION THIS SUBDIVISION AGREEMENT is made and entered into this �--=day of March, 1996, by and between THE CITY OF ASPEN, COLORADO, a municipal corporarion (hereinafter referred to as "City"), and PETER and MONICA M. MOCKLIN (hereinafter referred to as "Owner"). W ITNESNETH: WHEREAS, Owner has submitted to the City for approval, execution and recordation a Final Plat of a tract of land situated within the City of Aspen,Colorado and more particularly described on Exhibit A attached hereto and made a part hereof by this reference (hereinafter referred to as the "Final Plat"), said property being hereafter designated as the "Mocklin Subdivision"; and WHEREAS, City has fully considered the Final Plat, the proposed development and improvement of the lands therein,and the effects of the proposed development and improvement of said lands on other adjoining or neighboring properties and property owners; and WHEREAS, City has imposed certain conditions and requirements in connection with its approval,execution and recordation of the Final Plat,such matters being necessary to protect, promote and enhance the public welfare; and WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by City in approving the Final Plat; and WHEREAS, under the authority of Section 7-1005(C and D) of the Aspen Municipal Code, City is entitled to assurance that the matters hereinafter agreed to will be faithfully performed by Owner. NOW, THEREFORE, for and in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the Final Plat for recordation by the City, it is mutually agreed as follows: A. Zoning, and Regulatory Approvals. 1. Under and pursuant to Ordinance No. 35 (Series of 1995) adopted on September 11, 1995, the Aspen City Council granted subdivision approval for the creation of six single-family residential lots and one affordable housing lot in the Mocklin Subdivision. 2. On June 6, 1995, the City of Aspen Planning and Zoning Commission granted special review approval for Parcel 7 of the Mocklin Subdivision, establishing a parking 393680 06/14/96 09:17A PG 1 OF 21 a RE SILVIA DAVIS PITKIN COUNTY CLERK, R RECORDER 106.00 DOC UCC t , + requirement of 15 spaces,an allowable floor area ratio of 0.40:1,and an open space requirement of approximately 60 percent. 3. Lots I through 6 of the Mocklin Subdivision are zoned R-15A,Moderate Density Residential, and Lot 7 is zoned AH, Affordable Housing, subject to the condition that any change in the approved floor area ratio for Lot 7, or in the density or free market/affordable housing mix in Mocklin Subdivision, will require a "substantial" amendment to the Mocklin Subdivision approval. 4. The City Council exempted Lots 1 through 6 from growth management in exchange for the eventual deed restriction by Owner of seven of the eight free-market units in the existing Mocklin Apartment Building on Lot 7. B. Affordable Housing 1. Units 2-8 in the Mocklin Apartment Building on Lot 7 shall be deed restricted to APCHA income, price and occupancy guidelines and regulations in effect at the time of recording of each deed restriction, in accordance with the following schedule: (a) The deed restrictions for Units 2 and 5 shall be recorded prior to the issuance of the first building permit,for a single-family residence on any of Lots 1-6 in the Mocklin Subdivision. (b) The deed restriction for Unit 6 shall be recorded prior to the issuance of the second building permit for a single-family residence on Lots 1-6. (c) Unit 4 shall be deed restricted prior to the issuance of the third building permit on Lots 1-6. (d) Unit 3 shall be deed restricted prior to the issuance of the fourth building permit on Lots 1-6. (e) Unit 7 shall be deed restricted prior to the issuance of the fifth building permit on Lots 1-6. (f) Unit 8 shall be deed restricted prior to the issuance of the sixth and final building permit on Lots 1-6. (g) If not sooner recorded in accordance with the above schedule, deed restrictions for all of Units 2-8 shall be recorded prior to the seventh anniversary date of this Subdivision Agreement. 2. Said Units 2-8 shall be deed restricted to the following affordable housing categories: 2 393680 06/14/96 09:17A PG 2 OF 21 Unit No. No, of Bedrooms Unit Si ze AHAQWzory 2 3 1,470 sq. ft_ 3 3 1 630 sq. ft. 2 4 2 5 2 690 sq. ft. 1 760 sq. ft. 1 6 2 7 760 sq. ft. 1 1 470 sq. ft. 1 8 1 370 sq. ft. 1 A floor plan of the Mocklin Apartment Building is attached hereto as Exhibit B and made a part hereof by this reference. 3. Upon the recording of each of said deed restrictions, an existing tenant in the newly deed restricted unit shall have the following rights: (a) If the tenant is an employee/qualified resident,and if the tenant also meets the "income and asset limitations" for the Category to which the unit has been deed restricted, all as defined in the APCHA guidelines then in effect, the tenant can remain in the unit for as long as he or she wishes. (b) If the tenant is an employee/qualified resident but does not meet the income and asset limitations, the tenant can remain in the unit for a period of one year following the date of recording of the deed restriction. (c) If the tenant is not an empIoyee/qualified resident, the tenant can remain in the unit for the remaining term of the tenant's lease or for a period of 6 months following the date of recording of the deed restriction, whichever is shorter. 4. Owner reserves the right at any time and from time to time to apply to the City for approval of various possible modifications to the Mocklin Apartment Building on Lot 7, including without limitation (a) the creation of one or more affordable housing units in the existing garage on Lot 7 and the substitution thereof for previously deed restricted units or for units still to be deed restricted, (b)the incorporation of portions of said garage into one or more existing apartment units, thereby increasing the size thereof and reducing from seven to six the number of said apartment units that must be deed restricted hereunder, (c)without utilizing the garage, the increase in size of one or more of the existing apartment units, thereby reducing from seven to six the number of said apartment units that must be deed restricted hereunder, and/or (d) the creation of additional units. If any such approvals are ever applied for and granted by the City, Section B (1 and 2) of this Subdivision Agreement shall be amended accordingly. S. Owner Iserves the right to condominiumize the Mocklin Apartment Building in accordance with the applicable provisions of the Aspen Municipal Code then in effect. 3 393680 06/14/96 09:17A PG 3 OF 21 6. If Owner elects to vacate the Final Plat in accordance with the applicable provisions of the Aspen Municipal Code, this Subdivision Agreement shall automatically terminate and be of no further force or effect upon such vacation, and the deed restriction requirements contained in this Section B shall terminate as well. C. Subdivision Improvements 1. Prior to the issuance of the first building permit for a single-family residence on any of Lots 1-6 in the Mocklin Subdivision, Owner shall and hereby agrees to accomplish the following subdivision improvements: (a) Construction of the private access driveway from Lone Pine Road to Lot 1, and of the 5-foot wide hard surface walkway that parallels said access driveway, in accordance with the Utility Plan attached to the Final Plat. (b) Installation of a sidewalk along the portion of Lone Pine Road abutting on the Mocklin Subdivision, in accordance with the Utility Plan attached to the Final Plat. (c) Installation of street lights in accordance with the Utility Plan attached to the Final Plat. (d) Installation of water, sewer, gas, electrical, and telephone utility lines in accordance with the Utility Plan attached to the Final Plat. (e) Undergrounding of the overhead power lines that traverse the Mocklin Subdivision, in accordance with the Utility Plan attached to the Final Plat. (f) Abandonment in place of the existing 6-inch A.C. water main on Lone Pine Road by cutting said main in two places and installing 90 decree bends at both cuts, in accordance with the Utility Plan attached to the Final Plat. Owner shall coordinate such work with the Aspen Water Department,and in the course thereof shall replace two existing fire hydrants (nos. 953 and 957). The City agrees to reimburse Owner in full for all costs incurred by Owner in connection with replacing the hydrants, no later than 10 days following receipt of an invoice for such costs from Owner. 2. A construction schedule for the above-described improvements shall be submitted to the City Engineering Department at the same time that the financial guarantee described in Section D below is provided. 3. Owner agrees to complete the landscaping shown on the approved Landscape Plan (attached to the Final Plat)in as logical a sequence as possible in relation to the completion of the above-described subdivision improvements, but in no event later than one(1)year after the date of issuance of the first building permit for a single-family residence on any of Lots 1-6_ Owner reserves the right to plant additional native vegetation within the Subdivision, as Owner may consider appropriate from time to time, without further approvals being required. Owner 4 393680 06/14/96 09:17A PG 4 OF 21 also reserves the right to amend the Landscape Plan attached to the Final Plat, subject to review and approval by the City. 4. Within 90 days following completion of the subdivision improvements described above, Owner shall furnish to the City Engineering Department reproducible mylar as-built drawings of sidewalk/curb/gutter,utility improvements,and any other work located within public rights-of-way, showing horizontal and vertical locations within one (1) foot accuracy of all utilities, including their size and identification, together with any other features encountered during excavation within said public rights-of-way. The as-builts shall be signed and stamped by a registered professional engineer, and shall also be provided to the City on a 3.5 inch diskette in DFX format compatible with the City GIS Arclnfo system. The base data for the property shall be obtained from the City/County data processing department to ensure that the subdivision DFX file fits the GIS system. 5. Also within 90 days following completion of the subdivision improvements described above, Owner shall furnish to the City Engineering Department a statement by a registered professional land surveyor that all required survey and property monuments remain in place or have been re-established as required by Colorado law. D. Financial Assurance In order to ensure construction and installation of the subdivision and landscaping improvements described in Section C above, and to guarantee 100 percent of the current estimated cost of such subdivision improvements, and to guarantee 125 percent of the current estimated cost of installing such landscaping improvements and of maintaining and replacing the same for a period of two (2)years after installation, which estimated costs have been approved by the City Engineer and are specifically set forth on Exhibit C attached hereto and made a part hereof by this reference, Owner shall provide to the City a financial guarantee in the form of a cash escrow, an irrevocable bond, sight draft or letter of credit from a financially responsible lender. Said guaranty shall be delivered to the City before Owner commences construction or installation of any of said subdivision or landscaping improvements, shall be in a form acceptable to the City Attorney and the City Manager, and shall give City the unconditional right, upon default by Owner, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder, if any, of such guaranty is released to Owner. Provided, however, that Owner shall he given fourteen (14) days written notice of default prior to City's ability to make a call under the letter of credit. As portions of the improvements required are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize the release of the actual cost as documented by invoices for that portion of the improvements; provided, however, that ten percent (10%)of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer, and with respect to landscaping improvements, an additional twenty-five 5 393680 06/14/96 09:17A PG 5 OF 21 percent(25%)of the estimated cost thereof shall he retained until the landscaping improvements have been maintained in a satisfactory condition for two (2) years. It is the express understanding of the parties that the procedure set forth in Section F below pertaining to the procedure for default and amendment of this Subdivision Agreement shall not be required with respect to the enforcement and implementation of this financial assurance and guarantee to be provided by Owner as set forth above and required by Section 7-1005(C and D) of the Aspen Municipal Code. E. Additional Reauirements and Restrictions 1. Prior to the issuance of any building permits for the construction of single-family residences on Lots 1-6 of the Mocklin Subdivision: (a) The Lot owner shall obtain a tree removal permit from the City Parks Department for the removal of any trees of 6 inch caliper or greater, and any trees proposed to be saved shall be protected during construction, including no digging in the drip line. (b) The Lot owner shall submit a storm drainage plan for review and approval by the City Engineering Department. (c) The Lot owner shall stake the Building Envelope on the Lot to ensure compliance with restrictions pertaining to said Building Envelope. (d) The Lot owner shall submit a driveway access plan for review and approval by the City Parks Department and the Planning Department to ensure that the access driveway causes the minimum disturbance outside of the Building Envelope on the Lot. (e) The Lot owner shall pay a Park Dedication Fee to the City, calculated in accordance with the schedule set forth in Section 24-5.603 of the Aspen Municipal Code, as said provision may be amended from time to time. 2. Prior to the sale by Owner of any of individual Lots 1-6, Owner shall file with the Environmental Health Department a fugitive dust control plan and construction and soil moving plan that adheres to the Institutional Controls established for the Smuggler Superfund Site and administered by the Environmental Health Department. 3. Except for existing devices in the Mocklin Apartment Building, all solid fuel burning devices in the Mocklin Subdivision shall comply with Section 11-2.3 of the Aspen Municipal Code, as it may be amended from time to time. 4. Owner acknowledges the sidewalk snow removal requirements of Article VIII of Chapter 19 of the Aspen Municipal Code, and agrees that from and after its formation, the 6 . 393680 06/14/96 09:17A PG 6 OF 21 o, Mocklin Homeowners Association shall be responsible for snow removal for the sidewalks along the portions of Gibson Avenue and Lone Pine Road that abut on the Mocklin Subdivision. The Mocklin Homeowners Association shall be comprised of the owners of Lots 1-6 of the Mocklin Subdivision, and Owner agrees to form the Association before Owner sells any of individual Lots 1-6. 5. Parking is prohibited anywhere within the platted emergency access easement within Lot 3. Lot 3 shall have the right to use said easement for purposes of ingress and egress to Lot 3. 6. No signs shall ever be erected which label the common access driveway off of Lone Pine Road as "private", or which label the Mocklin Subdivision as "private property". Signs saying "Dead End Street" or "Not a Through Street", or the like, shall be permitted. 7. No mud shall be tracked onto City streets during construction within the Mocklin Subdivision. 8. During construction within the Mocklin Subdivision, construction activities shall only take place between the hours of 7:00 a.m. and 10:00 p.m., and noise shall not exceed maximum permissible sound level standards. 9. All work performed in a public right-of-way shall require a permit from the City Streets Department. 10. Any irrigation system that is installed within the Mocklin Subdivision shall be in compliance with the Water Conservation Code. ]I, Owner and all future Lot owners shall maintain the historic runoff patterns within the Mocklin Subdivision. 12. Owner agrees for themselves and for all future Lot owners in Mocklin Subdivision to join any improvement districts which may hereafter be formed for purposes of constructing improvements in the Gibson Avenue and/or Lone Pine Road public right-of-ways. 13. All exterior lighting features within the Mocklin Subdivision shall face downward and shall be shielded to eliminate the potential for glare or nuisance to neighboring properties. Lighting along the walkways and driveways shall be low to the ground(approximately 3 feet in height)and shielded. 14. Owner agrees that all material representations made by Owner in the Mocklin GMQS, Rezoning and Subdivision Application, and during public meetings with the Aspen Planning and Zoning Commission and the City Council, shall be adhered to unless modified by the provisions hereof. 393680 06/14/96 09:17A PG 7 OF 21 7 F. Non-Compliance and RNuest for Amendment Or Extensions by Owner In the event that the City Council determines that the Owner is not acting in substantial compliance with the terms of this Subdivision Agreement, the City Council shall notify the Owner in writing specifying the alleged non-compliance and asking that the Owner remedy the alleged non-compliance within such reasonable time as the City Council may determine, but not less than 30 days. If City Council determines that Owner has not complied within such time, the City Council may issue and serve upon the Owner a written order specifying the alleged non- compliance and requiring the Owner to remedy the same within thirty(30)days. Within twenty (20)days of the receipt of such order, the Owner may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Subdivision Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate; provided, however, no order terminating any approval previously granted by the City Council shall be issued without a finding of the City Council that substantial evidence warrants such action and affording the Owner a reasonable time to remedy such non-compliance. A final determination of non-compliance which has not been remedied or for which no variance has been granted may, at the option of the City Council, and upon written notice to the Owner, terminate any of such approvals which are reasonably related to the requirement(s) with which Owner has failed to comply. Alternatively, the City Council may grant such variances, extensions of time or amendments to this Subdivision Agreement as it may deem appropriate under the circumstances. In addition to the foregoing, the Owner or its successors or assigns may, on its own initiative, petition the City Council for a variance,an amendment to this Subdivision Agreement or an extension of one or more of the time periods required for performance hereunder. The City Council may grant such variances, amendments to this Subdivision Agreement, or Q extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s)which necessitate said extension(s)are beyond the control of the Owner, despite good faith efforts on its part to perform in a timely manner. 8 393680 06/14/96 09:17A PG 8 OF 21 G. General Provisions 1. The provisions hereof shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 2. This Subdivision Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 3. If any of the provisions of this Subdivision Agreement or any paragraph,sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Subdivision Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 4. This Subdivision Agreement contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments executed by all parties hereto. 5. Numerical and title headings contained in this Subdivision Agreement are for convenience only,and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 6. Upon execution of this Subdivision Agreement by all parties hereto, City agrees to approve and execute the Final Plat for Mocklin Subdivision, and to accept the same for recordation in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fee by Owner. 7. Notices to be given to the parties to this Subdivision Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below,or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY OF ASPEN City Manager 130 S. Galena Street Aspen, CO 81611 Peter and Monica M. Mocklin P.O. Box 807 Aspen, CO 81612 8. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the real property more particularly described on attached Exhibit A and any and all owners thereof, their successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their successors, grantees or assigns. 9 393680 06/14/96 09:17A PG 9 OF 21 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPEN, COLORADO, a municipal corporation By: Mayor Kathryn S. Y6icfi, City C erk APPROVED AS TO FORM: Jolxfi ordegter, City Attorney -. OWNER: P� r Mocklin Monies M. Mocklin STATE OF COLORADO ) )ss COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 1996 by John Bennett as Mayor and by Kathryn S. Koch as City Clerk of Ofie City of Aspen, Colorado, a municipal corporation_ i� Witness my hand and official seal_ My commission expires: s z. r r r v 4N, 393680 06/14/96 09:17A PG fO OF 21 10 STATE OF COLORADO ) )ss COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 1996 by Peter Mocklin and by Monica M. Mocklin. Witness my hand and official seal. JF.t 1 l y-commission expires: � v. 0 TA R © 0 - ''r Notary Pub �F c. 393680 06/14/96 09:17A PG 11 OF 21 16479.' 1 1 -- EXHIBIT A PAHCI.1_ A: A tr:.ct of land situated In the Southwest. tt of Section 7, Township 10 South, Rwnge 84 West of the 6th Principal Meridian, more particularly described as follows: Bt•ghuling at a point whence the renter z corner of Sect-lon 7, Tuwn+hip 10 South, K.ny;c 84 West of the 6th Principal Meridian, bears N 59'57'54" L 1042'.64 feel ; thence S 17'11'30" F. 147.88 feet; thence S M9'210'00" E 181.86 feet; 0-31cc S 00'40'20" W 189.89 feet; t flea CC S 89'20'00" h 114.64 feet; thence S 15*..1127" f: 277.54 feet; thcrnce N 56°0118" W M1.12 feet; ti-.tcc N W.°4945" W 103.50 fee L; thr+tee N 7'_''00'00" W 100.03 feet; ti-,ice N 79°05'00" W 50.25 feet: t hcnec N M1°37'00" »' 100.00" feet; tlirnce N 70'55'00" W 98.72 feet; thence N 48'00'23" W 100.12 feet; thence N 27'51'48° li 404.48 feet to the point of beginning. PARCLL 8: A tract of land situated in the Wt of the SW�L of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian, more fully described as follows: Beginning at a point whence the center z corner of said Section 7 bears N 45'26'51" s E 948.45 feet; Thence N 00°40'00" E 24.84 feet to a point on the southwesterly right of way of Lone i'1nc }toad; thence along said right of way 105.56 feet along the arc of a curve to the right 11ar1 nt; c raJi-8 of 256.76 feet anti whoee chord beard S 27'18'07" E 104.82 feet; '!'licucc S 15"31'27" 1: 1?7.21 feet along; said right of way; thence N 89'20'00" W 84.64 feet; thence N 00'40'20" F. 189.89 feet to the point of beginning. 39-6b 1310 t06/14/9E 09:17A PG lc OF 21 393680 06/14/96 09:17A PG 13 OF' a1 j 2 PT NQ I APT N..? St-—Ibl"IM AS I t R 0 W bA Ll 6- E]! -C Sjl .3ir SEGOD FLOOR FLOOR PLAN SCALE 'A'° I' co CHK \—J 0204 LONE NNE ROAD As?Ex coLoRADo E L 0 Z Co A R 1, U D8- U d L ID 0 R [DIII AU:,�.Ill 0o F 393680 06/1*/96 09:17e Po 14 OF e1 — � / ' F APT Wt vm JNJ � ` | | / | �| | | � - � / ' . , ° '— . 393680 06/14/96 019:17A PG 15 OF 21 I I i ¢N, BED a17 lJ E�:.,..�. f BAS! ENf ©� BED IMI BEG Rr2 !ED �/ wr ivw i ean..-3 — - — — —— 1 LL [I EMf ,/ �•Ne Cc I I ' 6 I� 4 An « - 4' GIV1y6 UViN6 !.O E4Ca vaT n.f:1 t, APT.M 6 4v_ _ Yn JG�uluo ,uc APT#4 a i° FLOOR F_A'J GARHN LPV�L SCAJ 'A' I' }� _ vm ljo t - T �,I,II� I (� i ICI (\�� SATE AU6 93 - `" - -- -J - -L U J t:I 1 0202 LONE PINE RC ASPEN COIDAAGOi . ' ` _-____________��_ ' ---'�- - - - - -- EXHIBIT C MOcKJmSUaomISiom INFRASTRUCTURE IMPROVEMENTS ENGINEER'S OPINION OFPROBABLE COST ^. SANITARY SEWER IMPROVEMENTS SCHEDULE'A" _____________________ ____-_-__-_--_-____________ ----'-------'--'---------'---' UNIT UNIT PRICE TOTAL ITEM DESCRIPTION QUANTITY ____ ________ --'-----'---'--��� 1OOoou $1unDon ---------�� � �s � . Mobilization 462 cF $30.00 $13,e60.00 8'GoR26 pvc n E* $2.200-00 $13'200.00 4'ma Manhole a s* $1,500.00 $9,00000 4^PVC Service 6 Ex $4000 $24000 e`8enxcoConnecti»» sn Lr $1 10 $55.00 Saw-Cut Existing Asphalt 20 sv $*so $Sn.u» Remove Existing Asphalt uo Lp $300 $240o0 Remove Existing Curb and Gutter 8n Lp $142o $1,14000 Rop}aoaExinongnurbanuG«u»' * TON $48o0 $1e200 Replace Existing Asphalt 18 TON $1800 $32400 Aggregate Base Course 48z Lr $1 ou $69300 Te|oviseGan�a�Gcwe' 1 L5 $4.500.00 $4.500�00 Engineering Inspection I L3 $3,200o0 $szOooU Traffic Control ______________________________----__'_-__--_________ '---'------'-'--------'---'-'-----�� $47773*.00 Sub-Total WATER IMPROVEMENTS SCHEDULE"B" ________________ _________-_____-------_'_--_________ |TEMoEGCR|PT0w QUANTITY uNF[ UNIT PRICE _____TOTAL __� --------------'------------------'--------'---'-- LS $1.000.00 $1,000,00 Mobilization so U, $1.10 $66.00 Saw-Cut Existing Asphalt 50 Sv $4.50 $225.00 Remove Existing Asphalt 12 Tow $48.80 $57600 Replace Existing Asphalt 16 Tow $18.00 $zuaon Aggregate Base Course 1 EA $270000 $2,700.00 o'`Hot Tap Sleeve and Valve 1 EA $4.50800 S4,500o0 8''Wet Tap&Valve 512 LF $zunO $16.384.00 n''o}P u F $uzooxo $s,*onoo F ire Hydrant Assembly 1 EA $525.00 $525D0 0`Gate Valve G EA $15000 $o»«»o 8"Bend 0 EA $1`700.00 $10.200.00 I''Copper Service Connection w\Tap 1 E* $75000 $750-on 1''Blow-off 1 LS $3.200o0 $»,z»o-o» Traffic Control I LS $3.000o8 $s.OooUo inspection Fees __________________________------_--'-____________ _----'----'----------'------' $50.814.00 Sub-Total 393680 06/14/96 09,17A po 16 or 21 JANNER 03/07/96DA-rE_____ SUBDIVISION ROADWAY AND PARKING AREAS SCHEDULE"C" ---—---------------–-------–-——----------------------------- ---—---------------- ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL -----------------------–----------–--—-----------------------------------------------------------------------–-------------–--–- Mobilization 1 LS $700,00 $700.00 Clearing and Grubbing 1 LS $3,200.00 $3,200.00 Unclassified Excavation 500 CY $5.00 $2.500.00 Fill 560 CY $6.00 $3,360.00 Aggregate Base Course 450 TON $15.00 $6,750.00 Hot Bituminous Asphalt 320 TON $40.00 $12,800.00 Signage I EA $250.00 $250.00 Concrete Sidewalk 2325 SF $4.00 $9,300.00 Aggregate Base Course 62 TON $15.00 $930.00 Hard Surface Walk 1 LS $3,68400 $3,684.00 ------------------------- ---------------------—–---–-------------------------------------------------- Sub-Total $43,474.00 NOTE. Revegetation including placement of topsoil on road cut/fill areas has been included in the landscape cost estimate PRIVATE UTILITIES SCHEDULE"D" -------------–--–------—------------------------------------------------—- ITEM DESCRIPTION QUANTITY —---––-–------–------------–---------------–------------- UNIT UNIT PRICE TOTAL -------------------------------------------------------------------------------------------------------------–-----------------–---------- Mobilization 1 LS $1,000.00 $1,000,00 Joint Trenching 1165 LF $14.00 $16,31000 Holy Cross Contract 1 LS $15,500.00 $15,500.00 US West Comm Contract 1 LS $6640.00 $6,640.00 KN Energy Contract 1 LS $2,200.00 $2,200.00 Street Light 6 EA $2,700.00 $16,200.00 Street Light Electrical Service 490 LF $7.00 $3,430.00 ------------------------------------------------------------------------------------------------------------------------------------------ Sub-Total $61,280.00 393680 06/14/96 09:17A PG 17 OF 21 BANNER ' _A_T_ DRAINAGE IMPROVEMENTS SCHEDULE"E" ----------------------- ----------------- ITEM DESCRIPTION QUANTITY �umn umnPn|CE ---'roTA---' ' ------ ------------------------------------------------------------------------------------------------'--------' Mu�|�aoon --'----- e^cwp 1 LS $700.00 $rno�oo �z.CwP xn LF $20.00 $500.00 1o..omp 49 Lr $22.00 $1.078,00 nip'RapEnd Section 7s Lp $28.00 $2,100.00 10ooGa|/vnD�=e|| s FA $125.00 $e2500 2 E« $a�2OO.00 $6.4OO.00 TypezCorbanuGuue, av u' $14.25 o85500 Agg,cgoteBaooCourse 12 TON $1*00 $180-00 6'v'panvwpi|(eto 20 L $15.00 $300.00_______ _______________________________________ ____ ___ ______ --------------- ---'Sub-Total $12,738.00 � ' . � ^ v 393680 06/1+/96 09;17o no 18 or o JANNER 03/07/96- TE ------------------------------------------------------------------------------------------------------------------------------ COST SUMMARY SCHEDULE TOTAL ----------------------------------------------------------------------------------------------------------------------------- SANITARY SEWER LINE "A" $47,734.00 WATER LINE "B" $50,814.00 SUBDIVISION ROADWAYS AND "C" $43,474.00 PARKING AREAS PRIVATE UTILITIES "D" $61,280.00 DRAINAGE IMPROVEMENTS "E" $12,738.00 ------------------------------------------------------------------------------------------------------------------------------ TOTAL $216,040.00 NOTE: TAP FEES HAVE NOT BEEN INCLUDED IN THE ABOVE PRICES 393680 06/14/96 09:17A PG 19 OF 21 March 1, 1996 Mr. Sunny Vann Vann Associates,Inc. 230 W. Hopkins Aspen,CO 81611 RE: Mocklin Subdi, i Dear Sunny, Pursuant to your reque– ive pr.pared the following cost estimate for the proposed landscaping at the above ic1crenced project. These costs are based on 1996 contract unit prices adjusted for inflaii m t0 1997 The Mocklin Subdivision Landscape Plan dated March 1, 1W6 has been i—d as a basis for this estimate. 1. 13 Cottonwood,2-s -iiiper(ir $250/ea. $3,250 00 2. 21 Aspen,2"calipci �i� r 150/ea 3,I Si1.00 3. 9 Dogwood, 5 gallon w ;5/ea 3 15.00 4. 12,000 s.f seed a 12i�t 1,440.00 5. 111 yards topsoil(yr 30.yd 3,330.00 6. 12,000 s.f finish giading O .04/sf 480.00 Total $11,965,00 If you have any question,c.i comments or should you require further information please do not hesitate to contaci nic Sincerely, y��� &�V Thomas G. Stevens 393680 06/14/96 09: 1 PG 0 OF cl ll �ii� iii fiU.in ..(rnFi_ \{nn.�ilninil, r'.'. ,I1 R R' FORK TRANSIT AGENCY SPEN,COLORADO February 20, 1996 Sunny Vann Vann Associates 200 East Hopkins Aspen,Colorado 8161 1 RE: Mocklin Property Fasernent Dear Sunny: Thank you for contacting RFTA in regards to a transit easement on the Mocklin property adjacent to bone Pine Drive. After our sight visit to the existing RFTA stop,it appears that there is adequate space available within the current right of way for the construction of a bus shelter. This is based on the assumption that the area 15 feet back from the existing curb is in the public right of way. Should this be the case,RFTA would not need an easement for the installation of a bus shelter. } Since you are considering the installation of street lights and sidewalks along Lone Pine llrive,with careful planning you could provide a great service to the residents of the neighborhood at no additional cost to your client.if the spacing of your proposed street lights could be done so that one is strategically located near the existing stop,it would greatly improve the safety of those people using the bus stop at night. Second,if you could have the contractors responsible for the sidewalks and street lights contact RFTA prior to construction, RFTA would like to discuss the possibility of installing conduit and pouring a pad while they are doing the initial construction. It could provide a substantial savings for the Agency_ Once again,thank you for contacting RFTA. Your willingness to work with RFTA is greatly appreciated. If you have any questions,please feel free to give me a call. Sincerely, Kenny Osier Director of Maintenance cc: D. Blankenship D. Michaelson 393680 06/14/96 09:17A PG 21 OF 21 it>cn.._c Coni.�Ihi��A.�a n.l;d,rnl.+slll -1,1.971.91014071,,x:971`-920.-`164 i PROTECTIVE COVENANTS FOR MOCKLIN SUBDIVISION AUt:uST /40, 1998 ARTICLE I PURPOSE OF COVENANTS These Protective Covenants("Covenants")shall govern and be applicable to that certain real property situated in the City of Aspen,Pitkin County, Colorado,known as Lots 1-6(specifically excluding Lot 7)of the Mocklin Subdivision as depicted and described on the Final Plat of Mocklin Subdivision(the"Final Plat")recorded in Plat Book 39 at Page 92 in the Office of the Clerk and Recorder of Pitkin County. Colorado(hereinafter referred to as"Lots 1-6"). It is the intention of Creekstone Aspen, LLC, a Colorado limited liability company,being the owner of Lots 1, 2,4, 5 and 6, Mocklin Subdivision,and Peter Mocklin and Monica M. Mocklin,being the owners of Lot 3,Mocklin Subdivision(collectively the"Declarants"),expressed by their execution of this instrument,that the present beauty,views,and environment of the lands within Lots 1-6 be protected,subject to the uses and improvements permitted by ibis instrument. In furtherance of these objectives,the Declarants l� hereby recite that from and after the recording of this instrument in the real property records of Pitkin (� County,Colorado, the lands within Lots 1-6 shall he forever burdened and benefttted by and subject to c6 the following Covenants,to the extent set forth herein,which Covenants shall run with the title to all of the lands within Lots 1-6. Lot 7 of the Mocklin Subdivision is not burdened by these Covenants. ARTICLE Il DEFINITIONS As used in this instrument, the term"Lots 1-6" shall be deemed to mean and include Lots 1-6, Mocklin Subdivision,as depicted and described on the Final Plat of Mocklin Subdivision recorded in Plat Book 39 at Page 92 in the Office of the Clerk and Recorder of Pitkin County,Colorado,as said Final Plat may be amended from time to time. The term"Lot" shall mean and refer to each of Lots I. 2, 3,4, 5 and 6 as designated and described on the Final Plat. The term"Association" shall mean and refer to the Mocklin Homeowners Association,LLC, a Colorado limited liability company, its successors and assigns. ARTICLE Ill MOCKLIN HOMEOWNERS ASSOCIATION The Mocklin Homeowners Association, LLC(the"Association") is being formed as a Colorado limited liability company to manage the affairs of Lots 1-6 and to own and manage Units 2. 3,4, 5,6, and 8 of the Mocklin Condominiums. There shall be one membership in the Association for each of Lots 1-6. which membership shall belong to the record owner(s)of the Lot. The membership appurtenant to a Lot shall automatically pass with fee simple title to the Lot. Each Lot shall have one (1)vote in the Association, and shall bear an equal one-sixth(1/6) share of the common expenses of the Association. The Association shall have and may exercise all of the powers and rights and duties of a Colorado limited liability company formed under the Colorado Limited Liability Company Act, and shall be governed by the provisions of the Operating Agreement of the Association and by these Protective Covenants 11111111111 HIS 111111IIIIIIII1111111III HIM IN1111 I L3 08/11/1998 11:39A COVENANT DAVIS SILVI 1 of 11 R 55.00 D 0.00 N 0.00 PITKIN COUNTY CO OOW- ARTICLE 1V MOCKLIN CONDOMINIUM UNITS The Association will be the owner of Units 2, 3,4, 5, 6 and 8 of the Mocklin Condominiums, pursuant to the Condominium Map of the Mocklin Condominiums to be recorded, and the Declaration for Mocklin Condominiums to be recorded(the"Condominium Units")both in the real property records of Pitkin County, Colorado. The beneficial use of said Condominium Units, including the revenues derived therefrom and the related Condominium Association assessments,taxes and other costs and expenses, shall be and hereby arc allocated as follows: Condominium I_init Lot 2 4 3 2 4 6 5 3 6 l 8 5 The Association shall be obligated to deed-restrict said Condominium Units in accordance with the schedule and the affordable housing categories established in Section B of the Subdivision Agreement for Mocklin Subdivision recorded at Reception No. 343680(the"Subdivision Agreement"), and may deed restrict one or more Condominium Units at an earlier date in the discretion of the Association. As Condominium Units become vacant,and thereafter, the Association shall be obligated to rent the Condominium Units in compliance with the rent restrictions, the employee/qualified resident standards,and the income and asset limitations set forth in the Pitkin County Affordable Housing Guidelines then in effect. Each time that a Condominium Unit becomes vacant, the owner of the Lot to which the beneficial use of that Condominium Unit is allocated as above provided shall have the first right to select and place a qualified employee in that Condominium Unit. If the Condominium Unit is not occupied by a qualified employee selected by the Lot owner(or by the Association, if the Lot owner does not wish to select an employee)within 45 days after the Condominium Unit becomes vacant,the Housing Authority will select the new tenant. All leases of Condominium Units must be for minimum 6-month terms, ARTICLE V ASSESSMENTS 1. Assessments. All Lot owners shall be obligated to pay Regular, Special and Individual Assessments imposed by the Managers of the Association. Regular and Special Assessments shall be borne and paid in equal shares by each of the six (6)Lots. Individual Assessments shall be borne and paid by the owner of a Lot to which a particular Condominium Unit is allocated. Regular Assessments shall be levied annually,and may be lawfully imposed for any items of common expense incurred by the Association,which may include, among other things:expenses for maintaining, improving, landscaping and snowplowing the common access driveway;expenses for snow removal from the sidewalks along the portions of Gibson Avenue and Lone Pine Road that abut on Mocklin Subdivision, expenses for maintaining and improving common utility lines:expenses for contracting for, operating, or maintaining a security system for the residents of Lots 1-6 (in the discretion of the Managers); expenses of the Architectural Committee; premiums for comprehensive general IiabiIity insurance carried by the Association;accounting and legal expenses of the Association; and any other reasonable costs and expenses incurred by the Association in the furtherance of its legitimate purposes. The Managers may establish(and collect as a Regular Assessment)contingency and reserve funds in such 1111111 IIIII 111111111111 IIIII 111!111111 III IIIII IIII IIN 2 420513 08/11/1998 11:39A COVENANT DAVIS SILVI 2 of 12 R 58.00 D 0.00 N 0.00 PITKIN COIMTY CO t s" amounts as it may deem appropriate front time to time for the maintenance and improvement of the 1........o.. —11—d...c.. .,d o.,, ojr,_a.,ticipated coctc and—pencec of the Asioeial inn The Managers shall also have the right to levy and assess Special Assessments for such capital improvements or other special expenses as may be deemed necessary or appropriate by the Managers. Special Assessments shall also be shared equally among all of the Lot owners. Finally,the Managers shall have the right at any time and from time to time to levy and assess an Individual Assessment on the owner of a Lot to which a particular Condominium Unit is allocated,for purposes of obtaining reimbursement for any Condominium Association dues and other costs and expenses incurred by the Association in connection with such Condominium Unit that exceed the rents received by the Association from that Condominium Unit. All Assessments shall be due and payable 30 days following the date of levy by the Managers, unless the Managers specifically provide for a longer period in which to pay a particular Assessment. 2. Lien for Nun-Payment of Assessments. (a) All Assessments levied by the Managers against a particular Lot shall constitute a security interest and lien against such Lot superior(prior)to all other liens and encumbrances, excepting only (i)tax and special assessment liens on the Lots in favor of any governmental assessing unit, and(ii)all sums unpaid on a first mortgage of record. (b) If any Assessment shall remain unpaid after the due date thereof,such unpaid sum shall bear interest from and after the due date thereof at the rate of eighteen percent (18%)per annum,or at such other rate as may be established from time to time by the Managers,and the Managers may impose a reasonable late charge on such defaulting owner to cover the extra costs and expenses involved in handling such delinquent Assessments. In addition,the Managers shall be entitled to collect reasonable attorneys' fees and costs incurred by it in connection with any demands for payment and/or collection of delinquent Assessments and fines. To evidence such lien the Managers shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the owner of the Lot and its legal description Such a notice shall be signed by one of the Managers and shall be recorded in the office of the Clerk and Recorder of the County of Pitkin,Colorado. Such lien may be enforced by the Association by fOreelOSnrc on the defaulting owner's Lot in like manner as a mortgage on real property- In any such foreclosure. the Lot owner shall be required to pay the costs and expenses of such proceedings including all reasonable attornevs' fees. The Lot owner shall also be required to pay to the Association any additional Assessments or fines made against the Lot during the period of foreclosure,and the Association shall be entitled to the appointment of a receiver to collect rents to apply against unpaid Assessments and fines and costs. The Managers,for the Association, shall have the power to bid on the Lot at the foreclosure sale and to acquire and hold,lease, mortgage and convey the same. The Association. at its election,and in addition to any other remedies it may have at law or in equity, may also sue an owner personally io collect any monies owed the Association. (c) Each Lot owner hereby agrees that the Association's lien on a Lot for Assessments as hereinbefore described shall be superior to the Homestead Exemption provided by Colo. Rev. Stat. Ann. § 38-41-201, ct sue. (1973,as amended),and each Lot owner hereby agrees that its acceptance of the deed or other instrument of conveyance in regard to any Lot shall signify such grantee's waiver of the homestead rights granted in said section of the Colorado statutes. (d) Any recorded lien for non-payment of Assessments or fines shall upon payment of all sums due thereon be released by recording a release of lien executed by a Manager of the Association i 1111111III IIIII IIII IN 420913 08/11/1998 11:398 COVENANT DAVIS SILVI 3 of 11 A 56.00 D 0,00 N 0.00 PITKIN COUNTY CO " r rt" yid ARTICLE VI }�lq � ARCHITECTURAL COMMITTEE I. Architectural Committee. The Architectural Committee shall be the Managers of the Association. The Architectural Committee shall have and exercise all the powers,duties and responsibilities set out in this instrument. 2. Approval by Architectural Cnmmittee. No improvements ofany kind, including but not ' limited to dwelling units,garages,accessory buildings,swimming pools, hot tubs,tennis courts, ponds, parking areas. fences,walls,driveways,antennae, satellite dishes, flag poles,curbs and walks,shall be erected, altered or permitted to remain within Lots 1-6,nor shall any excavating, tree cutting,clearing or landscaping be done within Lots 1-6, unless complete architectural, site development and landscaping plans and specifications therefor(including a complete list and,where required,samples of colors and materials to be used)and a site plan with elevations showing the location and orientation thereof for such erection or alteration or other activity are approved in writing by the Architectural Committee prior to the commencement of such work. Non-structural improvements or alterations to the interior of a residence,that arc not visible from the exterior,shall not require Architectural Committee approval. In addition, the Declaration for Mocklin Condominiums provides in Section 3.8 that the Architectural Committee of the Asstntiation must review and approve in advance all changes that may be proposed from time to time to the exterior of the Mocklin Condominiums or to the Common Elements thereof, including without limitation: structural changes,changes in materials or colors,and landscaping changes. The Mocklin Condominium Unit owner or the Mocklin Condominium Association proposing to make any such changes shall submit complete architectural,site development and/or landscaping plans and specifications therefor to the Architectural Committee for written approval prior to commencing any work thereon. All plans and specifications that are submitted to the Architectural Committee shall be signed for identification by the Lot owner or other person submitting the same. The Architectural Committee shall have the right to request whatever additional information, plans, specifications, reports and the a like that it may den necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may(but shall not be obligated to) adopt rules and regulations describing what information, reports, plans,specifications and the like arc required to be submitted to the Architectural Committee and outlining the review and approval procedure to be used by the Architectural Committee. In the event the Architectural Committee fails to take anv action within 60 days after complete plans and specifications have been submitted to it, then such submitted plans and specifications shall be deemed approved All approvals or disapprovals shall require a majority vote of the Architectural Committee,and in the event of disapproval,the reasons therefor shall be specified. The Architectural Committee shall have the authority to require a Lot Owner to post a bond, letter of credit, or other acceptable collateral (i)as security for the repair of any damage that may be caused to the common access road or other property during the construction or alteration of improvements on a Lot,or(ii)as necessary for the performance of landscaping commitments made by a Lot Owner. The Architectural Committee shalt also have the authority to retain an architect and/or engineer to assist the Committee in the review process and to charge the costs thereof to the Lot Owner seeking approval. 3. Variances. The Architectural Committee may, by an affirmative vote of a majority of the members of the Architectural Committee,and following the mailing of at least ten(10)days notice of the request for such variance to all other Lot owners, allow reasonable variances as to any of the land use covenants and restrictions contained in this instrument,on such terms and conditions as it shall lillll IIII1 HIM 1111111111111111111111111111111111111 420513 08/12/1998 11:39A COVENANT DAVIS SILVI 4 of 11 R 56.00 D 0.00 N 0.00 PITKIN COUNTY CO r require. No variance shall be granted which contravenes any provisions of these Covenants required by any land use approvals obtained by Peter and Monica Mocklin from the City of Aspen for the Mocklin Subdivision,or which violate the City of Aspen Land Use or Building Codes. 4. General Standards. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, landscaping and alterations within Lots 1-6,and all proposed changes to the Mocklin Condominiums.conform and harmonize with the natural surroundings and with existing structures as to exterior design, materials,color,siting,height,finished grade elevations, and all other design features,and that they are consistent with these Covenants. The Architectural Committee shall protect the seclusion and view of each homesite insofar as possible in the development of the Lots 1-6 pursuant to these Covenants,and shall require such landscaping as the Architectural Committee shall consider reasonable and appropriate 5. Preliminary Approvals, Persons who anticipate constructing or altering improvements on lands within Lots 1-6, whether they already own a Lot or are contemplating the purchase of a Lot, may submit preliminary sketches of such improvements to the Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should contain sufficient general information on those matters required to be in the complete architectural and site development plans and specifications to allow the Architectural Committee to provide an informed preliminary approval or disapproval. The Architectural Committee shall never be finally committed or bound by any preliminary or informal approval or disapproval until such time as complete architectural and site development and landscaping plans,specifications, materials and colors are submitted and approved. The Architectural Committee may set a fee for this preliminary review service. 6. Inadequate Architectural Site Development or Landscaping Plans. The Architectural Committee shall disapprove any architectural,site development or landscaping plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by these Covenants. 7. Architectural Committee Not Liable. The Architectural Committee shall not be liable for damages to any person or entity submitting any plans for approval, including any owner or owners of Lots 1-6,by reason of any action,failure to act, approval,disapproval or failure to approve or disapprove will,regard to such plans,and the sole remedy of an aggrieved Lot Owner shall be for injunctive relief. The Architectural Committee shall have no liability or responsibility for any representations made to any owner or prospective owner by any third parties. The decisions of the .Architectural Committee shall be governed by these Covenants and any rules or regulations duly adopted by the Architectural Committee pursuant to these Covenants. 8. Written Records. The Architectural Committee shall keep and safeguard for at least five (5)years complete permanent written records of all applications for approval submitted to it(including one set of all architectural and site development and landscaping plans so submitted)and of all actions of approval or disapproval and all other formal actions taken by it under the provisions of this instrument. ARTICLE VII DEVELOPMENT AND USE REQUIREMENTS AND RESTRICTIONS I. Ordinance No 35 Subdivision Agreement Final Plat. All of Lots 1-6 are burdened by, and the owners of Lots 1-6 shall be bound by and shall comply with,all of the conditions,obligations, requirements and restrictions set forth in City Council Ordinance No. 35, (Series of 1995), the Subdivision Agreement for the Mocklin Subdivision recorded at Reception No. 393680,and the Final Plat recorded in Plat Book 39 at Page 92. as said instruments may be amended from time to time. In 111118IIIII HIM 111111 IIIII 11131111111111111111 IN 420613 08/11/1998 11:39A COVENANT DAVIS SILVI 5 of 11 R 56.00 0 0.00 N 0.00 PITKIN COUNTY CO Y the event of any conflicts between said instruments and these Covenants, the terms and provisions of said instruments shall govern and control. 2. Driveways. (a) A perpetual, non-exclusive easement and right-of-way 35 feet in width has been dedicated on the Final Plat for purposes of access from Lone Pine Road to Lots 1-7 of the Mocklin Subdivision, and for underground utility lines. The maintenance, repair, snowplowing and further improvement of said common access driveway shall be the responsibility of the Association. All driveway repairs and improvements shall be made in a good and workmanlike manner and in compliance with applicable laws, regulations and codes. (b) Creckstone Aspen,LLC shall be responsible for making initial improvements to the common access driveway, as set forth in the Subdivision Agreement. (c) Each Lot owner is responsible for constructing and maintaining the individual driveway that serves the Owner's Building Envelope. Before commencing construction of the driveway,the Lot owner must submit a driveway access plan for review and approval by the City Parks Department and the Planning Department to ensure that the driveway causes the minimum disturbance outside of the Building Envelope on the Lot 3, Air Quality. All solid fuel burning devices on Lots 1-6 shall comply with Section I1-21 of the Aspen Municipal Code, as it may be amended from time to time. 4. Storm Drainage Plans. At the time a building permit is applied for on any Lot,the Lot owner shall submit a storm drainage plan to the City Engineering Department for review and approval. 5. Association Water Rights. The Association will be the Owner of the Mocklin Ditch and the water rights appurtenant thereto,and will apply said water rights(to the extent legally and phvsically available)to such landscape maintenance,pond maintenance,and other purposes on Lots 1- 6(or some of them)as the Managers may determine to be appropriate from time to time. The Association's allocation of such rights shall provide for the delivery of a proportionate share of the available water to Lot 3 for pond purposes(if any)and for landscaping maintenance. The Association shall also have the authority to grant a license to the Mocklin Condominium Association to store and use water from the Mocklin Ditch for pond and landscaping purposes on Lot 7. In the event of the revocation or termination of that license, the Association shall be responsible for keeping the pond full on Lot 7, 6 Radon Gas. Each Lot owner shall be responsible for testing for the presence of radon gas on the Lot, and for implementing any rctnediation measures that may be required in connection therewith 7 Animals. On Lots 1-6, household pets such as dogs and cats shall be permitted,provided (hat dogs shall at all times be kept indoors when unattended, or positively controlled when being walked by a person. No horses, cattle, sheep,or other non-household pets, and no commercial raising or coin mercial kenneling of animals of any kind, shall be permitted on any Lot. No household pets shall be kept in unreasonable numbers,or cause an offensive amount of noise or odor, or otherwise become a nuisance to the owner(s)of another Lot or Lots. If the Managers or a court determines that such unreasonable number,offensive behavior or other nuisance exists,it may order that the number of animals be reduced or that the offending animal(s)be kept indoors or removed from the property. 8 Lighting. All exterior lighting fixtures within Lots I-6 shall face downward and shall be shielded to eliminate the potential for glare or nuisance to neighboring properties. Lighting along the 6 111111111111111111111111111111111111111 III 1111111111111 420313 08/11/1998 11:39A COVENANT DAVIS SILVI 9 of 11 R 56.00 D 0.00 N 0.00 PITKIN COUNTY CO walkways and driveways shall be low to the ground(approximately 3 feet in height)and shielded. in addition, all exterior lighting within Lots 1-6 must be approved in advance by the Architectural Committee. 9. Park Dedication Fees. Prior to the issuance of a building permit for the construction of a single-family residence on a Lot, the Lot owner shall pay to the City of Aspen a Park Dedication Fee, calculated in accordance with the schedule set forth in section 24-5.603 of the Aspen Municipal Code. as said provision may he amended from time to time. lo. Compliance with Government Reeulations. No lands within Lots 1-6 shall ever be occupied or used by or for any structure or purpose or in any manner which is contrary to the zoning, subdivision. land use or building regulations of the City of Aspen. Colorado,validly in force from time to time,or any other applicable local,state or federal laws or regulations. 11. Enclosure of Facilities and Equipment; Trash Removal. All equipment,facilities, and other unsightly items on any Lot shall be located within the Building Envelope on the Lot and shall be enclosed within a solid,covered structure,or fully screened from view. Without limiting the generality of the foregoing, the following specific restrictions shall also apply. Any truck, tractor, snow removal or garden equipment,and any similar items, shall be kept at all times, except when in actual use. in an enclosed garage. Motor homes.trailers and boats must be kept in enclosed garages, or stored in an area that is completely invisible(during all seasons)from the other Lots. Anv refuse or trash container, utility meter,or other utility facility,satellite receiving dish for television or other signals, service area, storage pile,or area for hanging clothing or other household fabrics must be located within the Building Envelope and shall be enclosed or adequately screened from view by planting or fencing so as to be invisible from the other Lots. No lumber, metals,bulk materials, scrap, refuse or trash shall be kept, stored,or allowed to accumulate on any Lot, except building materials during the course of construction,and then only within the Building Envelope and only for such reasonable period of time as is necessary prior to the use or disposal thereof All rubbish and trash shall be promptly removed from the Lots and shall not be burned thereon 12. No Used or Temporary Structures or Mobile Homes. No used, previously erected,or temporary house, structure, construction trailer. no non-permanent outbuilding, and(except as provided in Paragraph 11 above) no mobile or motor home shall ever be placed, erected or allowed to remain within Lots 1-6, except during construction periods and then only for construction purposes, and no dwelling unit shall ever be occupied in any manner prior to its completion. No mobile or motor home shall ever be occupied overnight while located within Lots 1-6 13. Completion of Construction. Arty exterior construction activity upon any Lot shall be completed and fully cleaned up within 18 months from its commencement. 14. Road Damage. Each Lot owner is responsible for and shall promptly repair in a good and workmanlike manner, any damage caused to the common access driveway during the construction of improvements or the installation of utility lines upon or serving the owner's Lot, or damage caused at any other time by any vehicle belonging either to the owner or to the owner's family, guests, invitees,employees or contractors. 15. No Business Uses Offensive Activities Nuisances or Signs. Except for the leasing of residential improvements, and such home occupations as may be permitted from time to time in the -/one district by the Aspen Municipal Code, no lands or structures within Lots 1-6 shall ever be occupied or used for any commercial or business purpose. No noxious or offensive activity shall be carried on or allowed at any time within Lots 1-6, specifically including without limitation the operation of snowmobiles. ATVs,or off-road motorcycles(i.e., dirt bikes). Nothing shall be done or permitted to be done at any time within Lots 1-6 which is a nuisance or which might become a 7 111111111111 HIM 111111111111111111111111111111 N IiN 420313 08/11/1998 11:398 COVENANT DAVIS SILVI 7 of 11 R 38.00 D 0.00 N 0.00 PITKIN COUNTY CO nuisan i cc by sight. sound, smell or otherwise to a Lot or a Lot owner or occupant. And with the cx ccpton of one"For Salc" sign of normal si..c ou a Lot, and ono small sign indicating a sf rest address,which signs must comply with City of Aspen sign regulations in effect from time to time, no signs or billboards shall ever be erected or permitted to remain upon or within Lots 1-6. 16. Firearms. The discharge or shooting of firearms is prohibited within Lots 1-6. 17. No Mining,Drilling or<)uarryinLy. No mining, quarrying, tunneling,excavating,or drilling for substances within the earth, including water, oil,gas, minerals,gravel, sand, rock and earth, shall ever be conducted or permitted upon or within Lots 1-6. IR. Roofs,Materials Colors. No shining or reflecting roofs or other surfaces or materials shall be used or permitted to remain on any buildings or structures within Lots 1-6; the exterior materials used on such buildings and strictures shall be limited to wood, stone,brick, adobe or stucco; roofs and trims can be non-reflective and non-shining metal; and the exterior colors used on such buildings and structures shall be earth or natural wood tones that are harmonious with the natural surroundings 19. Towers and Antennae. No towers or radio or television antennae or similar communication equipment higher than 3 feet above the highest roof line of the structure to which they are attached shall ever be erected or permitted within Lots 1-6, and all such towers, antennae and similar equipment(excepting satellite dishes)must be attached to a residential structure. 20. Tanks. No elevated tanks of any kind shall ever be erected, placed, or permitted to remain within Lots 1-6. Any tank used in connection with any structure or activity within Lots 1-6, including tanks for the storage of natural gas, fuel oil, gasoline,oil or water,shall be buried. 21. Maintenance and Emer enev Access Easement. A non-exclusive easement for ingress and egress is hereby granted by Declarants to the Association and to all police,sheriff, fire protection, ambulance and other similar emergency agencies or persons, now or hereafter serving Lot 1-6 and its residents, to enter upon the common access driveway dedicated on the Final Plat, and upon the individual Lot driveways, and upon any other property in Lots 1-6, in the lawful performance of their duties and responsibilities. ARTICLE VIII ENFORCEMENT ACTIONS 1. Enforcement Authority. The Association, acting by and through its Managers, and each Lot owner, shall have the right to prosecute an action at any time to enforce the provisions of these Covenants by injunctive relief, and shall also have the right to prosecute an action for injunctive relief and/or for damages by reason of any violation of these Covenants. The prevailing party in any action brought to interpret or enforce these Covenants and/or for damages for a violation hereof shall be entitled to an award of its reasonable attorney's fees and costs incurred in connection therewith. 2. Limitations on Actions. In the event any construction, alteration,or landscaping work is performed upon any of the lands within Lots 1-6 in violation of these Covenants, and no action is Commenced within one(1)year following completion of the work to restrain such violation, then injunctive or equitable relief shall be denied,but an action for damages shall still be available to any party aggrieved. This limitation shall not apply to injunctive or equitable relief against other violations of these Covenants 3. Enforcement of Declaration for Mocklin Condominiums. The Declaration for Mocklin Condominiums provides that the Association.acting by and through its Managers, shall also have the 8 Illlil(IIII Illlil 111111(IIII III 1111111 III IIIII IIII IIII 420513 08/11/1998 11:39A COVENANT DAVIS SILVI 8 of 11 R 56.00 D 0.00 N 0.00 PITKIN COUNTY CO right to prosecute an action at any time to enforce the covenants,conditions and restrictions contained in that Declaration by injunctive relief. and the right to prosecute an action for injunctive relief and/or for damages by reason of any violation of that Declaration. The Declaration further provides that the prevailing party in any action brought by the Association to interpret or enforce that Declaration and/or for damages for a violation thereof shall be entitled to an award of its reasonable attorney's fees and costs incurred in connection therewith. ARTICLE 1X GENERAL PROVISIONS 1. Benefits and Burdens of Covenants, to Run. All of the Covenants contained in this instrument shall be a burden on and appurtenant to the title to all of the lands within Lots 1-6 The benefits of the Covenants contained in this instrument shall inure to the Association and to the owners from time to time of all of the Lots and shall be deemed an appurtenance to the title to Lots I- 6 The benefits and burdens of all of said Covenants shall run with the title to all of the lands to which such burdens or benefits have been made appurtenant 2. Term of Covenants Unless amended or terminated pursuant to Paragraph 3 below,these Covenants shall be perpetual,except that any covenant to which the rule against perpetuities or the rule restricting restraints on alienation may be determined to be applicable shall only extend and run for the period of the lives of Steve Keller, Peter Mocklin and Monica Mocklin. and their now living children, and the survivor of them.plus 20 years. 3. Amendment or Termination of Covenants. Except as may otherwise be specifically provided herein, all or any part of these Covenants may be amended or terminated at any time by the recording in the Pilkin County. Colorado real property records of a resolution of amendment agreed upon,executed and acknowledged by the then-current record owners of at least four of Lots 1-6. Notwithstanding the foregoing,for so long as Peter Mocklin and/or Monica Mocklin owns an interest in Lot 3, no amendment to these covenants which has a material effect on the use,enjoyment,or cost of owning Lot 3 shall be effective unless the owner of Lot 3 consents thereto in writing. 4. Eminent Domain. in the event that all or part of a Lot is acquired by eminent domain. the provisions of Section 38-33.3-107 of the Colorado Revised Statutes shall apply 5. Notice. Each Lot Owner shall register its mailing address from time to time with the Association. Except as otherwise specifically provided in these Covenants, any notice permitted or required to be given hereunder shall be in writing and may be delivered either personally,or by facsimile transmission, or by mail. Notices delivered personally or sent by facsimile transmission shall be deemed given on the date so delivered or sent. If delivery is made by mail, it shalt be deemed to have been delivered two(2)business days after a copy of the same has been posted in the first-class U S. Mail with adequate postage affixed, addressed to the receiving party at the address last registered by such party with the Association,or in the case of a Lot Owner that has not provided such an address, to the address shown in the records of the Pitkin County Assessor. 6. Governing Law:Jurisdiction. The laws of the State of Colorado shall govern the interpretation,validity, performance, and enforcement of these Covenants. Any legal action brought in connection with these Covenants shall be commenced in the District Court for Pitkin County, Colorado, and by acceptance of a deed to a Lot each Lot Owner voluntarily submits to the jurisdiction of such court. 7. Disclaimer. Except as expressly set forth in these Covenants, no representations of any kind,express or implied, are given or made by Declarants or their officers,directors, agents or employees in connection with Lots 1-6 or any portion thereof,or any improvements thereon. or 9 1 111111 11111111111 111111 11111 III 1111111 III 111111111 420613 08/11/1998 11:398 COVENANT DAVIS SILVI 9 of 11 R 66.00 D 0.00 N 0.00 PITKIN COUNTY CO physical features thereof. or the fitness thereof for any purpose, or utility service thereto, or the development potential thereof or any manner of compliance with the Aspen Municipal Code or applicable environmental or other laws or regulations,or with respect to the cost of owning. developing, egjoying or maintaining anv of the lands within Lots 1-6. R. Severabilitv. Should any provision of these Covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaining Covenants IN WITNESS WHEREOF, the Declarants have executed these Protective Covenants as of the day and year first above written CREEK NE SPEN,LLC, a Colorado limited liabili comps y Man Pe r in OF STATE; Mont M. Mocklin t 1 ss. COUNTY OF l �r The f eg tng Pr tectivc Covenants were acknowledged before me this�� day of August, 1998, _ __ ,�> / __as a Manager of Creckstone Aspen,LLC, a Colorado limited liability b pang. Witness my hand and official seal. MY commission expires: �T—/60 ln2 nod ip y� cq ary Public Illill IIIII HIM 11111111111 III 1111111III 111111 III IIII 420813 08/11/1998 11:398 COVENANT DAVIS SILVI 10 of 11 R 88.00 D 0.00 N 0.00 PITKIN COUNTY Co 10 a STATE OF COLORADO ) ss. COUN rY OF PITKIN 1 The foregoing Protective Covenants were acknowledged before me this 1 G day of August, 1998• by Peter Mocklin and Monica M. Mocklin. Witness my hand and official seal. y xt pe� My commission cxpiresi 7r gyp•,='' s (SEAL) JIV S.HgoufttAry r CttlrCarntmone>pirm- ;2 aG Notary Pub c -_O:.F.•�C�DI�sot =�t Y�iff H Asper%Cotaredc 816-11 As P6ti.0027216 04 1111161111!Illtll IIlIII IIIN III 1111111 III 111111 ill IIII 420513 08/11/1998 11:39A COVENANT DAVIS SILVI 11 of 11 R 58.00 D 0.00 N 0.00 PITKIN COUNTY CO 11 b C DECLARATION FOR MOCKLIN CONDOMINIUMS AUGUST 21 1998 11111111111111111111111111111111111111111111111 lill IN 21013 08/24/1998 01:40P DECLARAT DAVIS SILV 1 of 34 R 171.00 D 0.00 N 0.00 PITKIN COUNTY CO TABLE OF CONTENTS ARTICLE 1 GENERAL PURPOSES, SUBMISSION, DEFINED TERMS........................................... 1 1.1 General Purposes...................................................................................................................................... 1 1.2 Submission of Real Estate ........................................................................................................................ 1 1.3 No Declarant ............................................................................................................................................ 1 1.4 No Development Rights Reserved............................................................................................................. 1 1.5 Damned Terms .........................................................................................................................................2 ARTICLE2 BASIC DATA...........................................................................................................2 2.1 Name of Common Interest Community ....................................................................................................2 2.2 Type of Common Interest Community ......................................................................................................2 2.3 Name of Association ................................................................................................................................2 2.4 County in Which Common Interest Community is Situated ......................................................................2 2.5 Recording Data ........................................................................................................................................3 ARTICLE 3 GENERAL PROVISIONS AND RESTRICTIONS..........................................................3 3.1 Division into Condominium Units .......................... .............................3 3.2 Inseparability of a Unit .............................................................................................................................3 3.3 Description of Units ............................................................................................................. ....3 3.4 Unit Boundaries .......................................................................................................................................3 3.5 No Partition or Subdivision of Units or Common Elements ......................................................................4 3.6 Separate Assessment ................................................................................................................................4 3.7 Mechanic's Liens .....................................................................................................................................4 3.8 Additions,Alterations or Improvements by Unit Owncrs ..........................................................................5 3.9 Maintenance of the Common Interest Community ....................................................................................5 3.10 Compliance with Laws ...........................................................................................................................6 3.11 Residential Use .......................................................................................................................................6 3.12 Annoying Light,Sound or Odor ................................................................. .......7 ..................................... 3.13 Noxious or Offensive Activities;Nuisances ............................................................................................7 3.14 No Hazardous or Unsafe Activities .........................................................................................................7 3.15 Outside Burning;Fire Hazards ...............................................................................................................7 3.16 No Firearms ...........................................................................................................................................8 3.17 Unsightliness;Sporting Equipment;Clothes Drying ...............................................................................8 3.18 Garbage and Trash .................................................................................................................................8 3.19 Vehicle Parking, Storage,Operation and Repair.....................................................................................8 3.20 Animals .................................................................................................. .................9 3.21 Antennae,Satellite Dishes,Etc...............................................................................................................9 3.22 No Mining or Drilling .............................................................................................................. 3.23 Excavations ......................................................................................... 10 3.24 Underground Utility Lines.................................................................................................................... 10 3.25 Association Landscaping ..................................................................................................................... 10 3.26 Signs and Advertising .......................................................................................................................... 10 3.27 Leases ............................................................................................................................................. 10 3.28 Right of Entry ...................................................................................................................................... 12 3.29 Water Rights ........................................................................................................................................ 12 3.30 Health,Safety and Welfare ...................................................................................................................12 3.31 Rules and Regulations;Implementation of Article 3 and Variances ...................................................... 12 1 111111 IIIII 111111111111 Ill Ilillll Illll III IIIII lIII Ills 421013 08/24/1998 01:40P DECLARAT DAVIS SILVI 2 of 34 R 171.00 D 0.00 N 6.00 PITKIN COUNTY CO ARTICLE 4 EASEMENTS ..................... 4.1 Blanket Association Utility Easement Over Common Elements .................... 13 4.2 Association Administrative Easement Over Common Elements.............. 4.3 Association Easement in Units for Maintenance,Rep ......................................... 13 4.4 Encroachment Easements air and Emergen-ties ........-•.• 13 4.5 Blanket Emergency Services Easement.:.................................................................................................. 13 4.6 Easements Deemed Created 14 ......................................................................................... .. 14 4.7 Recorded Easements and Licenses """""""""- ARTICLE 5 COMMON ELEMENTS........................................................................ 5.1 Use and Enjoyment of Common Elements ............................... Association May Regulate Use of Common .."""" 5.3 Owner Liability for Owner or Occupant Damage to Common Elements "'•"" 15 5.4 Damage or Destruction to Common Elements "-"'"""•"""""" 5.5 Condemnation of Common Elements "•"" ARTICLE 6 ASSOCIATION........................... 6.1 Association;General Powers ............. 6.2 Association ........................ Executive Board .................................... 6.3 Membership in Association "" b.4 Voting Rights of Members ...................................................... ..................................................................................................................... 17 ARTICLE 7 ALLOCATED INTERESTS................................ ARTICLE 8 INSURANCE.................... 8.1 Insurance Requirements ..............•----.. 8.2 Damage to Common Interest Community ....................................... ....................................................... ARTICLE 9 LIMITED LIABILITY.................................. 0 ARTICLE 10 ASSESSMENTS 1 U o 10.1 Assessment Obligation =ate 21 .. 10.2 Statutory Lien ••••. nx 10.3 Lien Superior to Homestead and Other Exemptions ................................. 21 ............................................21 F-.r-. 10.4 Priority of Lien ..........................•----................................ . cr a 10.5 Perfection of Lien ............................................ . 0:m 10.6 Regular Assessments.............................................................................................................................22 �cc•J •..................................................... .................................. �&U 10.7 Association Budget......................................................................... o z 10.8 Special Assessments .................................. .....................................................23 am49 m 10.9 Reinibursement Assessntcttts ............. 24 10.10 Effect of Nonpayment of Assessments;Remedies of the Association "gym m 10.11 Statement of Unpaid ...................................................24 Assessments....................................................... ......................25 o° 10.12 Assessments for Tort Liability " """""' a0m ........................................... ...25 W ............. "4.: ARTICLE l I EMINENT DOMAIN......................... `--Go tY 11.1 Definition of Taking a m 25 .............................. ......................... C4 �"c -- m ii 11.2 Representation in Condemnation Proceedings of Common ................................................................. 25 11.3 Award for Common Elements ..............................................................................................................26 11.4 Taking of Units ....................................................................................................................................26 11.5 Miscellaneous.......................................................................................................................................26 ARTICLE12 GENERAL PROVISIONS........................................................................................26 12.1 Duration of Declaration ........................................................................................................................26 12.2 Termination of Community ..................................................................................................................26 12.3 Amendment of Declaration and ...........................................................................................................26 12.4 Compliance;Enforcement ....................................................................................................................27 12.5 Notice ............................................................................................................................................28 12.6 No Dedication to Public Use .................................................................................................................28 12.7 Interpretation of Declaration.................................................................................................................28 12.8 Conflict With Map ...............................................................................................................................28 12.9 Violations Constitute a Nuisance ..........................................................................................................28 12.10 Captions .............................................................................................................................................28 12.11 Singular Includes Plural .....................................................................................................................28 12.12 Remedies Cumulative .........................................................................................................................29 12.13 Costs and Attorneys'Fees ...................................................................................................................29 12.14 Governing Law.Jurisdiction...............................................................................................................29 12.15 Severability ........................................................................................................................................29 III 1 1 111111 1 1 1 1 I I I 1 1 1 1 111 11 I I l l 111111111111111111111111 . DELARAT DAVIS 421013 08/24/100 D 0.00 0-00 PITKIN COUNT SILV'CO 4 o 34R 171. iii DECLARATION . FOR MOCKLIN CONDOMINIUMS THIS DECLARATION is made this 21st day of August, 1998, by Peter Mocklin and Monica M. Mocklin(hereinafter collectively referred to as"Landowner'). ARTICLE 1 GENERAL PURPOSES SUBMISSION DEFINED TERMS 1.1 General Purposes. Landowner is the owner of certain improved teal estate located in the City of Aspen,Pitkin County,Colorado more particularly described as Lot 7,Mocklin Subdivision, according to the Final Plat of Mocklin Subdivision recorded in Plat Book 39 at Page 92 in the Office of the Clerk and Recorder of Pitkin County, Colorado, said land and improvements being hereinafter collectively referred to as the ("Real Estate"). Landowner desires by this Declaration to create a Common Interest Community under the name and style "Mocklin Condominiums", pursuant to which portions of said Real Estate will be designated for separate ownership and use of a residential nature and in which the remainder of said Real Estate will be designated for common ownership solely by the owners(the"Owners")of the separate ownership portions. 1.2 Submission of Real Estate. Landowner hereby submits the Real Estate, together with all easements, rights-of-way and appurtenances thereto and the buildings and improvements erected thereon, to the provisions of the Colorado Common Interest Ownership Act, Section §§38-33.3-101, et seq. of the Colorado Revised Statutes, as it may be amended from time to time(the"Act")and to this Declaration (the"Declaration"). Landotivner hereby declares that all of the Real Estate shall be held, occupied, used, leased, mortgaged, sold and conveyed subject to the following terms, easements, reservations, restrictions, covenants, and conditions. Landowner further declares that this Declaration is made for the purpose of protecting the value and desirability of the Real Estate; that this Declaration shall run with the Real Estate and shall be binding on all parties having any right, title or interest in the Real Estate or any part thereof, their heirs, devisees, legal representatives, successors and assigns,and shall inure to the benefit of the Association and each and every Owner. 1.3 No Declarant. Landowner is executing this instrument in their capacity as owners of the Real Estate and shall not be considered a"declarant" (as such term is defined in the Act). Landowner is not a person who: (i)as part of any common promotional plan is offering to dispose of an interest in a Unit or(d)is reserving or succeeding to any special declarant rights. Landowner is merely acting as a facilitator for purposes of the transfer of Units(other than Unit 1)to the real party in interest and the subsequent deed restricting of a number of the Units so transferred in accordance with land use approvals previously obtained for the benefit of the Real Estate and adjoining lands. Accordingly, Landowner shall not have either the rights or obligations of a declarant under the Act except the obligation to deliver a copy of this instrument, as recorded, to the Assessor of pitkin County, Colorado set forth in Section 105 of the Act. All Owners by acceptance of a deed to a Unit subject to this Declaration, acknowledge and agree that Landowner shall not be considered as a "declarant" for purposes of the Act. L4 No Develounreut Rights Reserved. Landowner does not fCWrvc any dcvcloputenl rights or other special declarant rights, and none of the Real Estate is subject to development rig or rights special declarant 1.5 Defined Terms. When used in this Declaration, the following terms shall have the meanings hereinafter specified. If a term is not defined herein,it shall have the meaning ascribed to it in the Act. 1111111111111111111111111111111111111111111111111111111 21013 08/24/1998 01:40P DECLARAT DAVIS SILVI 5 of 34 R 171.00 0 0.00 N 0.00 PITKIN COUNTY CO (a) Association. "Association" means the Mocklin Condominium Association, Inc., a Colorado nonprofit corporation,its successors and assigns. (b) Common Elements. "Common Elements" means all portions of the Real Estate other than the Units. (c) Common Expenses. "Common Expenses" means any expenditures made or liabilities incurred by or on behalf of the Association,together with any allocations to reserves. (d) Common Interest Community. Common Interest Community "means the Mocklin Condominiums,as described in this Declaration and as depicted and described on the Map. (e) General Common Elements. "General Common Elements" means all Common Elements except Limited Common Elements. (f) Limited Common Elements. "Limited Common Elements" means a portion of the Common Elements designated on the Map and/or by this Declaration for the exclusive use of one or more of the Units but fewer than all of the Units. (g) Man. "Map" means the Condominium Exemption Plat of Mocklin Condominiums, as recorded August ZY, 1998 in Plat Book Z6L at Page S in the Office of the Clerk and Recorder of Pitkin County, Colorado,as said Map may be amended from time to time. (h) Occupant. "Occupant"means any person who is a tenant in a Unit pursuant to a lease with the Owner thereof,or any person who is present within the Common Interest Community as a family member,guest or invitee of an Owner,an Occupant,or the Association. (i) Unit or Condominium Unit. "Unit" or "Condominium Unit" means each of Condominium Units 1,2,3,4, 5 6,7 and 9 as shown,designated and described on the Map,together with all improvements therein and appurtenances thereto. Each Unit includes, as an appurtenance, an undivided interest in the Common Elements as set forth on Exhibit A attached hereto and made a part thereof by this reference. ARTICLE 2 BASIC DATA _A x 2.1 Name of Common Interest Community. The name of the Common Interest Community shall �W= ttttt�to be Mocklin Condominiums. cc M o Y 2.2 Type of Common Interest Community. The type of Common Interest Community is a I.-t. condominium. ii—{ cc d Cr�A� 2.3 Name of Association. The name of the Association is the Mocklin Condominium Association, �o gi Inc.,a Colorado nonprofit corporation. �Wm 2.4 County in Which Common Interest Community is Situated. The Common Interest a Community consists of the Real Estate wlticlt is located entirely widtirt die County of Pitkitt,State of Colorado. —m n 2.5 Recording Data. The recording data for all recorded easements and licenses app urtenant to or included in the Common Interest Community is set forth in Exhibit B attached hereto and made a part hereof by �Rr i this reference. In addition, the Common Interest Community shall be subject to the easements or licenses granted mor reserved pursuant to this Declaration. rte M � �o -N —v to 2 ARTICLE 3 GENERAL PROVISIONS AND RESTRICTIONS It is the intention of Landowner to establish and impose a common and general plan for the improvement, development, use and occupancy of the Common Interest Community, all in order to enhance the value, desirability, and attractiveness of the Common Interest Community and to promote the marketing, development and enjoyment thereof. Accordingly, Landowner hereby declares that the entire Common Interest Community shall be owned, held, used occupied, improved. altered, maintained, conveyed; leased, encumbered and enjoyed subject to the following covenants, conditions, restrictions, reservations, casements, rights and other provisions. 3.1 Division into Condominium Units. The Real Estate is hereby divided into eight(8)residential Condominium Units, to be known and described as Units 1,2, 3, 4, 5, 6, 7 and 8,Mocklin Condoinnu s,eac consisting of a separate fee simple estate in a Unit and an appurtenant undivided fee simple interest in the Common Elements. The identification number of each Unit is shown on the Condominium Map Each Unit Owner shall own his or her appurtenant undivided interest in the Common Elements as a tenant-in-common with the other Unit Owners, and shall have the non-exclusive right to use and enjoy the general Common Elements Each Owner shall also have the right to use and enjoy any unttc��mmon Elements which are designated for the use of his Unit on the Map or in this Declaration. 3.2 Inseparability of a Unit. Each Unit and its appurtenant undivided interest in the Common Elements shall be inseparable and may be conveyed, leased, encumbered, devised or inherited only as a Condominium Unit 3.3 Descriotion of Units. Every contract for sale,deed, lease,security interest and every other legal document or instrument shall legally describe a Unit as follows: Unit Mocklin Condominiums, according to the Map thereof recorded in Plat Book yk at Pages and the Declaration for Mocklin Condominiums recorded at Reception No. VZ I c i 3 , all in the Office of the Clerk and Recorder of Pitkin County,Colorado. Such description shall be legally sufficient for all purposes to sell, convey, transfer, cucumber � 0 or otherwise affect the Unit and its appurtenant undivided interest in the Common Elements, and to >0 incorporate all of the rights, interests, obligations, restrictions and burdens appurtenant or incident to '-.i I.- ownership of a Unit as set forth in this Declaration and on the Map. Each such description shall be v o construed to include a non-exclusive easement over the Common Elements for appropriate ingress and —� egress to and from each Unit, and anon-exclusive right to use and enjoy the Common Elements, =>z_ subject to all applicable provisions of this Declaration. f- i W 3.4 Unit Boundaries. The boundaries of each Unit arc shown on the Map. Each Unit is an arr----tea -, cc m unit which is bounded by the unfinished interior surfaces of the exterior walls(or the common wall where the Units . - u - arTjoin one another), floors, ceilings, windows and window frames, and doors and door Names, and which is 0 a separately identified on the Map. Furthermore: m (a) All lath, furring, wallboard,plasterboard,plaster,paneling, iles wallpaper,Paper,paint, and m ffigshcd flooring and any outer tnatcrials constituting any part of Arc Olds I surfaces Cr tLcof arc a pari of ° the Unit,and all other portions of the walls,floors and ceilings are part of the Common Elements; cr)i 1W (b) Any shutters, awnings,window boxes,doorsteps, stoops,porches balconies and patios, .�c` and all exterior doors and windows or other fixtures,designated to serve a single Unit but located outside o W the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit;and —N et e- 3 (c) All built-in air handling,ventilation and heating systems including chutes,flues, ducts, wires, conduits and all other mechanical systems of the Mocklin Condominiums wherever situated that serve only one Unit arc Limited Common Elements allocated solely to that Unit and any portions thereof that serve more than one Unit or any portion of the Common Elements are General Common Elements. (d) Any Real Estate,spaces or improvements outside the boundaries of any Unit that are not designated as Limited Common Elements on the Map or in this Declaration shall be General Common Elements. (e) Any structural elements, bearing or party walls or columns wherever situated, to the unfinished surfaces thereof,shall be General Common Elements. 3.5 No Partition or Subdivision of Units or Common Elements. No Owner may assert any right or bring any action for partition or subdivision with respect to such Owner's Unit or the Common Elements. By becoming an Owner, each Owner waives any and all rights of subdivision or partition that such Owner may have with respect to such Owner's Unit and/or the Common Elements. This Section 3.5 shall not,however,limit or restrict the right of the Owners of a Unit to bring a partition action pursuant to Section 38-28-101,et seq., of the Colorado Revised Statutes requesting the sale of the Unit and the division of the proceeds among such Owners; provided that no physical division of the Unit or of the Common Elements shall be permitted as a part of such action and no such action shall affect any other Unit. 3.6 Separate Assessment. Landowner shall give written notice to the Assessor of Pitkin County, Colorado requesting that the Units be separately assessed and taxed and that the total value of the Common Elements be assessed and taxed proportionately in accordance with the Allocated Interests of such Units in the Common Elements. After this Declaration has been recorded in the real estate records of Pitkin County,Colorado, Landowner shall deliver a copy of this Declaration as recorded to the Assessor of Pitkin County,Colorado. 600,40 3.7 Mechanic's Liens. ■MW>a- s (a) If any Owner shall cause or permit any material to be furnished to such Owner's Unit or _N any labor or services to be performed therein,no Owner of any other Unit shall be liable for the payment z of any expense incurred or for the value of any work done or material furnished All such work shall be at o Y the expense of the Owner causing it to be done and such Owner shall be solely responsible to contractors, �...I.. laborers, materialmen and other persons furnishing labor, services or materials to such Owner's Unit- is a. Nothing herein contained shall authorize any Owner or any person dealing through, with or under any a:a m Owner to charge the Common Elements or any Unit other than that of such Owner with any mechanic's sU W or materialmen's lien or other lien or encumbrance whatsoever. Notice is hereby given that the right and o�z power to charge any lien or encumbrance of any kind against the Common Elements or against any �r a Owner or any Owner's Unit for work done or materials furnished to any other Owner's Unit is hereby —gym expressly denied. mo !`C.0 m (b) If,because of any act or omission of any Owner,any mechanic's or materialmen's lien �,4 m or other lien or order for the payment of money shall be filed against any of the Common Elements or �qr a against any other Owner's Unit or against any other Owner or the Association(whether or not such lien "'�a or order is valid or enforceable as such),the Owner whose or which act or omission forms the basis for m such lien or order shall,at such Owner's own cost and expense, cause such lien or order to be canceled or 0 bonded over in tut amount and by a surety compwty reasonably acceptable to the party or parties affected �4 o by such lien or order within twenty (20) days after the filing thereof, and further such Owner shall Wm indemnify and save harmless all such parties affected from and against any and all casts, expenses, claims,losses or damages,including reasonable attorneys'fees resulting therefrom 3.8 Additions Alterations or Improvements by Unit Owners.. No additions, alterations, changes or improvements shall be constructed, made, done or permitted to any Unit by any Owner, 4 Occupant, or employee or agent thereof, without the prior written approval of the Executive Board and in the case of alterations or changes to the exterior of a Unit, the Managers of the Mocklin Homeowners Association LLC. Without limiting the generality of the foregoing, said restrictions shall apply to and include (i) alteration or change of any structural elements of a Unit, including the roof, (ii) painting or other alteration or change of the exterior of a Unit, including doors and windows, (iii) alteration or change of any Common Elements appurtenant to the Units, or (iv) addition, alteration, change or removal of any landscaping. The foregoing restrictions shalt not apply to nonstructural additions, alterations, changes or improvements to the interior of a Unit, that are not visible from outside the Unit, and that are in compliance with all applicable laws, ordinances, regulations and codes. Except for alterations to Limited Common Elements which have received the prior written approval of the Executive Board of the Association and of the Architectural Committee of the Mocklin Homeowners Association LLC, no Owner or Occupant shall have any rig t to alter, change or improve in any way the Common Elements or any part thereof, said Common Elements being the exclusive responsibility and jurisdiction of the Association. 3.9 Maintenance of the Common Interest Community. All property within the Common Interest Community, including without limitation all Units, General Common Elements and Limited Common Elements shall be kept and maintained in a safe, clean and attractive condition and in good order, condition and repair. (a) Association_ Maintenance Responsibilities. The Association shall be responsible for maintaining, repairing, improving, restoring and replacing the Common Elements, including the Limited Common Elements. Such obligations shall include without limitation the painting, staining or other resurfacing of the exterior surfaces of all walls and exterior doors of the units, the maintenance, repair, improvement, restoration or replacement of all structural elements and roofs, common lighting and utilities, water features, parking areas, snowplowing, and landscaping, irrigation and general upkeep of all yard areas. The Association, through its Executive Board, shall have the exclusive right and authority to make any changes, alterations, improvements or additions to the Common Elements, including the Limited Common Elements, and no individual Unit Owner shall have any right to do any of such things without the express prior written consent of the Executive Board (and, in the case of alterations to the exterior of a Unit, or to the other Common Elements thereof, including 0 without limitation structural changes, changes in materials or colors, and landscaping changes, �., the Architectural Committee of the Mocklin Homeowners Association LLC). ��►a If the need for such maintenance or repair results from the willful or negligent act of �y C3 or from damage or destruction caused by an Owner or Occupant, the Executive Board shall � >z have the right to perform such maintenance or repair and to levy and collect a Reimbursement MAssessment upon the Owner and the Owner's Unit for the costs and expenses incurred by the imm a Q. Association in connection thercwith. U (b) Owner Maintenance Responsibilities. Each Owner shall be responsible for �0 z maintaining, repairing and improving as necessary all interior elements and features of the . 0. Owner's Unit including interior non-supporting walls, improvements, fixtures, equipment, Q m appliances and appurtenances. In addition, each Ow ne shall be res onsible for any damage to • & other Units or Common Elements resulting from the Owner's failure to a or r ne t e n per o ii o to wner s maintenance an repair responst i sties as set forth herein. Each �M m v M–Oa7f perform�Fe wner's maintenance and repair responsibilities in such manner as =N h shall not unreasonably disturb or interfere with other Owners or Occupants. t•N.+ W If an Owner fails to perform any such maintenance or repair obligations within 10 days RV following receipt of a written notice from the Executive Board requesting the same, the M Executive Board shall have the right to enter upon the Unit of the Owner to perform such i—MCD o N at Cl 5 obligations on the Owner's behalf and to levy and collect a Reimbursement Assessment upon the Owner and the Owner's Unit for the costs and expenses incurred by the Association in connection therewith. Each Unit is subject to an easement for the benefit of the Association and its Executive Board, agents, employees and contractors, for purposes of accomplishing the maintenance and repair rights described herein. (c) Standard of Care. The Association and the individual Unit Owners shall each use a reasonable standard of care in performing their respective maintenance, repair and upkeep responsibilities so that the entire Common Interest Community will reflect a pride of ownership. All repairs and replacements within the Common Interest Community shall be substantially similar to the original construction and craftsmanship and shall be of first-class quality. (d) Emergency Maintenance and Repair. Notwithstanding any other provisions of this Section 3.9, in the event of an emergency or the sudden occurrence of unanticipated conditions which threaten the health, safety or physical well-being of persons or property within the Common Interest Community, the Executive Board shall have the authority (without any notice or approvals being required) to take whatever remedial action and to undertake such maintenance, repairs and improvements as may be necessary anywhere in the Common Interest Community to protect persons and property. (e) Existing Conditions. This Common Interest Community is a conversion to condominium ownership of an existing apartment building, and conditions of the building existing at the time of such conversion shall not be deemed a violation of any provision of this Declaration. 3.10 Compliance with Laws. No Owner or Occupant shall do any act or cause or permit anything to be done or kept in or upon its Unit, or any Common Elements which would be in violation of any federal, state, city or other law, ordinance, regulation or code of any governmental body having jurisdiction, or of any rule or regulation promulgated by the Association, or of any provision of this Declaration, or which would result in the increase of, or cancellation of, insurance maintained by the Association. 3.11 Residential Use. Each Unit shall be occupied and used only for single-family residential purposes. It is expressly understood that Units 2-8 will in future be deed restricted as v affordable housing units under the Aspen/Pitkin County Affordable Housing Guidelines. No business, �..�>. professional or other non-residential or commercial use shall be made of any Unit, or conducted in any —1z Unit, excepting in-home businesses or occupations which do not involve employees other than Owners, �y c the solicitation or invitation of the general public, or the servicing of customers, and which activities Fw—=4 z are conducted entirely within the Unit and do not cause any additional traffic or parking within the 'Q Y Common Interest Community or otherwise create a nuisance for neighboring Units or the Common of– Interest Community. N 1-•4 = M w 3.12 Annoving Light, Sound or Odor. All exterior lighting installed or maintained on any Unit shall be placed so that the light source is screened or shielded from any other Unit, and shall �oz require the prior written approval of the Executive Board in each instance. No light shall be emitted �a.m from any part of the Common Interest Community (including any Unit) which is unreasonably bright _•r . or causes unreasonable glare. Without limiting the generality of the foregoing, no spotlights, �.+m floodlights or other high-intensity lights shall be permitted within the Common Interest Community �49°A without the prior written approval of the Executive Board. oo B No sound shall be emitted from any part of the Common Interest Community (including any Unit) which is unreasonably loud or annoying, and no odor shall be emitted from any part of the �or ao �0wr =m o 6 V4 �Nm Common Interest Community (including any Unit) which is noxious or unreasonably offensive. Again without limiting the generality of the foregoing, no exterior s th peakers, horns, whistles, bells (excepting chimes), or other sound devices, other an security devices used exclusively for security shall be located or used within the Common Interest Community except with the prior written approval of the Executive Board. The Executive Board, in its sole discretion, shall have the right and authority to determine the existence of any violation of this Section 3.12 including the reasonableness of any light, sound or odor. 3.13 Noxious or Offcnsivc Activities• Nuisances. No noxious or offensive activity shall occur or be allowed at any time within the Common Interest Community, nor shall anything be done or placed therein which is or may become a nuisance or cause an unreasonable embarrassment, disturbance, or annoyance to Owners, Occupants, or the Association, or to owners or occupants of residences on Lots 1-6 of the adjacent Mocklin Subdivision, or which interferes with the peaceful enjoyment or possession and proper use of the Common Interest Community, or any part thereof, by Owners or Occupants. The Executive Board,-in its sole discretion, shall have the right and authority to determine the existence of any nuisance or unreasonable annoyance under this Section 3.13. Each Owner and Occupant shall comply with any rules and regulations and the requirements of all health authorities and other governmental authorities having jurisdiction over the Common Interest Community. 3.14 No Hazardous or Unsafe Activities. No activity shall be conducted on, and no improvement shall be constructed on, any property within the Common Interest Community which is or might be unsafe or hazardous to any person or property. Without limiting the foregoing, no explosives, gasoline, or other volatile and/or incendiary materials or e devices or any materials deemed hazardous substances under applicable environmental laws, rules, or regulations shall ever be kept, stored, permitted to remain or be released on any Unit or elsewhere within the Common Interest Community. The foregoing prohibition against products does not apply to vehicles kept in the garage of Unit g or small gasoline mounts (i.e.,15 gallons Iess) safely stored in said garage, gallons or 3.15 Outside Burning; Fire Hazards. he Common Interest Community except in a contained barbecue unit while ated or er i elm d w' in in cooking purposes. o Unit Owner or Occupant shall cause or permit any condition upon or with a his �..>. Unit which creates a fire hazard or is in violation of fire prevention regulations, or which would M= increase insurance rates for other Unit Owners. `H U X 3.16 No Firearms. The discharge of firearms upon or within any part of the Common Interest Community�o y(including the Units) is expressly prohibited. 3.17 Unsightliness; SRI!rtin EQUiament• Clothes Dr tng. �¢m porches, and General and Limited Common Elements (excepting enclosed storage,a eas),sshall nottbe �w m used for storage of personal property of any kind, and nothing shall be placed on or in windows or fez doors or otherwise on the exterior of Units or Common Elements which create an unsightly =!�n-a appearance. Sporting equipment (e.g., skis, snowboards, bikes, mountain bikes, kayaks, etc.), must unsightly be m stored completely inside the Units and shall not be allowed to remain outside except when in actual aWmc use. No laundry or wash shall be dried or hung outside anywhere within the Common In tcrest CO m Community. 3.18 Garbaee and Trash V4 . With the exception of dumpsters or other trash receptacles r om. provided by the Association on Common Areas, no refuse, garbage, trash, grass, shrub, or tree a clippings, plant waste, scrap, rubbish, or debris of any kind shall be kept, stored, maintained or mom w allowed to accumulate or remain anywhere within the Common Interest Community, excet that p =mow ' n �Q� 7 containers of such materials may be placed next to the street on the designated morning of garbage collection and must be returned to a Unit that same day. No garbage containers, trash cans or receptacles shall be maintained in an unsanitary or unsightly condition, and except when placed for pickup they shall be kept completely within a Unit. 3.19 Vehicle Parkinp, Stora e O eration and Repair (a) The owner f Unit 1 ust park his motor vehicles inside the garage that is a part of Unit 1, except that pa utomobiles or one ton or smaller pick-up trucks may be parked in the driveway area immediately outside such garage, said driveway area being labeled "LCE—Unit I" on the Map. The twelve (12) outside parking spaces that are part of the General Common Elements shall only be used for the parking of passenger automobiles or one ton or smaller pick-up trucks, and shall be allocated among the Owners of Units 2-8 (based on the number of bedrooms per Unit) as follows: Unit 2: 3 spaces; Unit 3: 1 space; Unit 4: 2 spaces; Unit 5: 2 spaces; Unit 6: 2 spaces; Unit 7: 1 space; Unit 8: 1 space. The Executive Board, in its discretion, may designate which spaces are to be used by which Units. (b) Except as provided in subsection (a) above, no boats, trailers, buses, motor homes, campers (on or off supporting vehicles), motorcycles, snowmobiles, recreational vehicles, trucks, industrial or commercial vehicles (both cabs or trailers), abandoned or inoperable vehicles (as defined below), or any other vehicles shall be parked or stored anywhere within the Common Interest Community (excepting within the Unit 1 garage) and no vehicles of any kind shall be maintained, repaired, repainted, serviced or reb ' here within the Common Interest Community(except within the garage that is part it 1 . his restriction shall not prevent the non-commercial washing and polishing of vehic es, together with activities normally incident thereto. (c) Notwithstanding the foregoing, vehicles may be temporarily parked within the Common Interest Community for loading, delivery or emergency purposes, but only for the time required to accomplish such purpose, and as necessary on a daily basis for authorized construction, maintenance, repair or other service activities within the Common Interest Community. C (d) An "abandoned or inoperable vehicle" shall mean any motorized vehicle which V does not display a current motor vehicle license or which has not been driven under its own �7>� propulsion for a period of one (1) week or longer (excepting otherwise permitted vehicles .�. parked by Unit Owners or Occupants in their allocated parking spaces while on vacation or 4n 0 during a period of illness), or which does not have an operable propulsion system within the s>X vehicle. cc bc a (e) In the event that the Executive Board shall determine that a vehicle is abandoned or inoperable, or is otherwise in violation of the provisions of this Section 3.19, a m written notice of violation describing said vehicle shall be personally delivered to the vehicle a owner (if such owner can be reasonably ascertained) or shall be conspicuously placed upon the W. vehicle (if the owner cannot be reasonably ascertained), and if the offending vehicle is not �m m removed within 48 hours thereafter, the Executive Board shall have the right to remove and m store the offending vehicle, or cause the vehicle to be removed and stored, at the sole expense ems°Cl of the owner of the vehicle or the Owner of the Unit on whose parking space the vehicle is !Eew G located, and to enter upon an Owner's parking space for such purpose, all without liability on the part of the Executive Board. If the vehicle is not claimed within 60 days after its removal, �-, the Executive Board may dispose of the vehicle in any manner the Executive Board deems best. a_ -W 0 ANN Q W4 8 M Snowmobiles, motorcycles, trailbikes, minibikes, dirt• bikes, all-terrain vehicles, and similar vehicles shall not be used or operated (but may be transported on trailers) within the Common Interest Community, except that motorcycles properly licensed for operation on public roads may be operated within the Common Interest Community subject to such rules and regulations as the Executive Board may adopt from time to time. 3.20 Animals. Except as specifically permitted below, no animals, reptiles, primates, fish, fowl or insects of any kind shall be kept, raised, bred, maintained or boarded within or upon any part of the Common Interest Community. Notwithstanding the foregoin all be entitled to keep a reasonable number of dogs and other household pets. Units 2-8 ma4yiiee�pndogs, although dogs belonging to the owner of a Lot in the Mocklin Subdivision may be kept in the Unit that is designated for the beneficial use of that Lot in Section 3.27(g) below. Units 2-8 shall be entitled to keep a reasonable number of other household Pets. Provided always, that such dogs or other household pets are not kept for any commercial purpose, are not kept in unreasonable numbers, do not cause an unreasonable amount of noise or odor, or do not otherwise become a nuisance to other Unit Owners or Occupants or to owners or occupants of residences on Lots 1-6 of the adjacent Mocklin Subdivision. Household pets shall not be permitted outside a Unit except when leashed and accompanied by the pet's owner or the owner's representative. All household pets shall be properly immunized and otherwise maintained and cared for as required by applicable laws. The Owner of a Unit where a household pet is kept, as well as the legal owner of the pet (if not such Owner), shall be jointly and severally liable for any and all damage and destruction caused by the pet, and for any clean-up within the Common Interest Community necessitated by such pet. The Executive Board shall have, and is hereby given, the right and authority to determine in its sole discretion that household pets are being kept for commercial purposes, or are being kept in unreasonable numbers, or are causing an unreasonable amount of noise or odor, or nuisance to other Unit Owners or Occupants, or that a Unit Owner or Occupant are otherwise a is otherwise in violation of this Section 3.20, and to take such action or actions as it deems reasonably necessary to remedy the violation. Without limiting the generality of the foregoing, the Executive Board may � U require the owner or custodian of a dog that barks or howls excessively, or of a ho MI.>- other offensive habits, to confine such animal indoors. usehold pct with Lip" W 0 3.21 Antennae, Satellite Dishes Etc. No radio, television or other antennae of any kind or M z nature, and no device for the transmission or reception of audio, microwave, visual or other signals, �QY including without limitation satellite dishes or receivers, shall be erected, placed or permitted to remain on any Common Elements within the Common Interest Community except with the prior �a written approval of the Executive Board as to design and location, and then must be adequately fenced cr m or screened in a manner approved by the Executive Board. The foregoing restrictions shall not apply ,0 a to Unit 1. LU �cz a„rm 3.22 No Mining or Drilling. No property within the Common Interest Community shall be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing water, a a geothermal resources, oil, gas, or other hydrocarbons, minerals, rocks stones _ , gravel, or earth, except �m m drilling, exploring tor, removing or storing underground water by the Association. Nothing contained ="a)m herein shall be construed to limit the rights of the owners of mineral interests severed from the surface Q of any portion of the Common Interest Community prior to the recording of this Declaration. rn,n ��=o°C 3.23 Excavations. No excavation or other earth disturbance shall be performed or permitted M within the Common Interest Community except with the prior written approval of the Executive Board. i—mm o R!En M _Q 9 3.24 Underaround Utility Lines. Except as to special street lighting or other above-ground facilities which may be expressly required by the City, no above-ground utility lines or facilities of any type (except meters, risers, service pedestals and other surface installations necessary to maintain or operate appropriate underground facilities, and ditches and associated facilities) shall be erected or installed within the Common Interest Community, and all utility lines and facilities (including but not limited to water, sewer, gas, electricity, telephone, and cable tv) shall be buried underground. 3.25 Association Landscaping. All landscaping; within the Common Interest Community shall be the responsibility of the Association, and no Owner or Occupant shall perform any lan scaping activities within the Common Interest Community (including without limitation the planting, grooming or removal of grass, trees, bushes or other vegetation, or the planting or tending of gardens) without the express prior written approval of the Executive Board. 3.26 Signs and Advertising. No sign, poster, billboard or advertising device of any kind shall be allowed or displayed anywhere within the Common Interest Community without the prior written approval of the Executive Board. 3.27 Leases. All Leases of Units shall be in writing and shall contain the following terms and conditions: (a) The Fing30 e term hall not be less than 6 months, except that two short-term tenancies not excce days in the aggregate shall be allowed in each calendar year for Unit 1. (b) The Lease must cover the entire Unit (i.e., no Leases of bedrooms or other pans of a Unit shall be permitted). (c) All Leases shall provide (i) that the terms of the Lease and the tenant's (Occupant's) use of the Unit and its appurtenances shall be subject in all respects to the provisions of this Declaration, and the Articles and Bylaws of the Association, and any rules and regulations adopted by the Association, (ii) that the Occupant has received and reviewed Mc copies of said documents, and (iii) that any failure by the Occupant to comply with any of the in� aforesaid documents, in any respect, shall be a default by Occupant under the Lease and a s %"z default by Occupant and Owner under said documents which may be enforced against Occupant 8-4.�Q x and/or Owner by the Executive Board. a� (d) Each Owner shall notify the Association immediateky u on the leasin of his Unit, and shall provide the Association with a copy of the Lease and with the name and m mailing address of the Occupant and the mailing address (if changed) of the Owner. Win.m (e) Each Owner who leases a Unit shall be responsible for assuring compliance by '--r ' the Occupant with all of the provisions of this Declaration, the Articles and Bylaws, and any �.m c rules and regulations, and shall be jointly and severally responsible with the Occupant for any saa m violations thereof by the Occupant. o►m a�■st� (f) Each Lease shall expressly provide that the Association (via the Executive Board) shall have the right to give the Occupant written notice that the Occupant is in --m z violation of one or more of the documents listed in subsection (e) above, which notice shall �go 0 specify a period of time (at least 5 days) in which the Occupant may cure the violation. If the •+4.. violation continues uncured, or if it is repeated within the 3-month period following the date of �N a the first notice, the Lease shall provide that the Owner gives to the Association an irrevocable ---Rr-+ power of attorney to act on the Owner's behalf to give such statutory notices to the Occupant and to take such other actions as may be necessary or appropriate to terminate the Lease and to 10 evict the Occupant from the premises. If a Lease does not contain such provisions, the Owner hereby irrevocably appoints the Association as its attorney-in-fact to act on its behalf as herein set forth. (g) The Mocklin Homeowners Association LLC, which is the Iegal entity formed to act as the homeowners association for Lots 1-6 of the Mocklin Subdivision, will be the owner of Condominium Units 2, 3, 4, 5, 7 and 8. The beneficial use of said Units shall be and hereby is allocated as follows: Condominium Unit Lot 2 4 3 2 4 6 S 3 7 1 8 5 The Mocklin Homeowners Association LLC shall deed restrict the Units owned by it in accordance with the schedule and the affordable housing categories established in Section B of the Subdivision Agreement for Mocklin Subdivision recorded at Reception No. 393680 (the "Subdivision Agreement"), and may deed restrict one or more Units at an earlier date in the discretion of said Association. As each of Units 2, 3, 4, 5, 7 and 8 becomes vacant, and thereafter, the Mocklin Homeowners Association LLC shall lease said Units in compliance with the rent restrictions, the employee/qualified resident standards, and the income and asset limitations set forth in the Aspen/Pitkin County Affordable Housing Guidelines in effect from time to time. Each time that one of said Units becomes <� vacant, the owner of the Lot to which the beneficial use of that Unit is allocated as above provided shall have the first right to select and place a qualified employee in that Unit. If such Lot Owner does not wish to select the qualified employee, then the Mocklin Homeowners Association LLC shall have the right to do so. If the Unit is not occupied by a qualified employee selected by the Lot owner or said Association within 45 days after the Unit becomes vacant, the Housing Authority will select the new tenant. _O F ....a d 3.28 Right of Entrv. During reasonable hours and upon reasonable notice to the Owner or `�m Occupant of a Unit, any member of the Executive Board, and any authorized representative thereof, o shall have the right to enter upon and inspect any Unit, except for any Unit that is in fact occupied "moo z (which shall require the permission of the occupant except in the case of emergency, as provided in ��m Section 4.3 below), for the purpose of ascertaining whether or not the provisions of this Declaration m have been or are being complied with and such individuals shall not be deemed guilty of trespass by ter;m reason of such entry. =mo —0))m 3.29 Water Rights. For so long as the Association is the beneficiary of a license to store MWE and use water from the Mocklin Ditch, the Association shall be responsible for applying said water =1..�v.�. rights (to the extent Iegally and physically available) to the filling and maintenance of the pond and to co ae such yard and landscaping maintenance and other purposes as the Executive Board may determine to � CD be appropriate from time to time. The Association shall be responsible for operating, maintaining, repairing and improving said pond and irrigation system. No Owner shall have any individual right to �m o 11 s use such water rights for any purposes. All costs and expenses incurred by the Association in connection with such water rights shall be Common Expenses. 3.30 Health, Safety and Welfare. In the event any uses, activities, and facilities within the Common Interest Community are deemed by the Executive Board to be an unreasonable annoyance or nuisance, or to adversely affect the health, safety or welfare of Owners or Occupants, the Executive Board may adopt rules and regulations in order to appropriately restrict and regulate such uses, activities or facilities within the Common Interest Community. Such rules shall be consistent with the purposes and provisions of this Declaration. 3.31 Rules and Re¢ulations• Implementation of Article 3 and Variances. The Executive Board may implement the restrictions set forth in this Article 3, or otherwise restrict and regulate the use and occupancy of the Common Interest Community and the Units and/or Common Elements by reasonable rules and regulations of general application adopted by the Executive Board from time to time. The Executive Board may, in its sole discretion and in extenuating circumstances, grant variances from any of the restrictions set forth in this Article 3, if the Executive Board determines, in its discretion, (a) either (i) that a particular restriction creates a substantial hardship or burden on an Owner or Occupant, which hardship or burden was not caused by said Owner or Occupant, or (ii) that a change of circumstances since the recordation of this Declaration has rendered such restriction obsolete, and (b) that the activity permitted under the variance, in the judgment of the Executive Board, will not have any material adverse effect on the Owners and Occupants of the Common Interest Community (including neighboring Units) or on owners or occupants of residences on Lots 1-6 of the adjacent Mocklin Subdivision, and is consistent with the high quality of living intended to be promoted hereby throughout the Common Interest Community. When an Owner applies for a variance, the Board must give at least 10 days advance written notice of the variance hearing, and of the nature of the variance requested, postage prepaid, by certified mail, return receipt requested, to all Owners of Units in the Common Interest Community, at the current addresses for such Owners reflected in the Association files, and to the Managers of the Mocklin Homeowners Association LLC. The applying Owner must provide the Committee with an accurate list of the Owners to be so notified. If the foregoing notice requirements are complied with, it is not necessary that the Owners actually receive C3 the notice that is mailed to them. U z No variance shall conflict with ordinances or regulations of the City of Aspen. If a variance �►+ from City laws or regulations is also required in connection with a matter for which a variance is �m desired hereunder, it shall be the Owner's responsibility to obtain such City variance before submitting s>r2q a variance application to the Executive Board. �cax o t- a ARTICLE 4 Jm EASEMENTS =o Z 4.1 Blanket Association Utility Easement Over Common Elements. There is hereby created, granted and reserved to the Association, its agents, employees and assigns a perpetual, non- 019 a exclusive blanket easement over, across, upon and under the Common Elements for construction, installation, operation, maintenance, repair, removal and replacement of mechanical systems, utilities m° and utility lines, pipes, wires, circuits, conduits, meters, facilities and systems for the benefit of the Common Interest Community or any part thereof, including but not limited to water, sewer, gas, �°:.+ telephone, electricity, cable TV and other master TV and communication systems, if any, together with s>•a an easement for access, ingress and egress to accomplish such purposes. The Association or other �N W person or entity exercising such utility easement rights shall be obligated to restore, reseed, replant N. i G qr and/or relandscape the surface of the disturbed area to as close to its original condition as possible, as �V promptly as possible following completion of any utility work. �o 0 �N iD qr 12 4.2 Association Administrative Easement Over Common Elements. There is hereby created, granted and reserved to the Association, its agents, employees and assigns, a perpetual, non- exclusive casement over, across, upon and under the Common Elements and a right to use the Common Elements for purposes of enabling the Association to perform its various responsibilities and to exercise its various rights under this Declaration. A like easement is hereby granted to the Mocklin Homeowners Association LLC for purposes of exercising any of the enforcement rights granted to it hereunder. 4.3 Association Easement in Units for Maintenance Re air and Emer encies. There is hereby created, granted and reserved to the Association, its agents, employees and assigns, a perpetual, non-exclusive easement and right to enter upon all Units as necessary for the performance of the Association's rights and responsibilities under this Declaration and for the making of repairs or reconstruction to the building, the Units, and/or the Common Elements. For routine maintenance and non-emergency repairs, entry to a Unit shall be made only on a regular business day during regular business hours, after giving at least one day's notice in writing to the Owner. In case of emergency, where there is an imminent threat of damage or injury to person or property, entry shall be made at any time provided that a reasonable effort is made, under the circumstances, to give notice of such intended entry. The Executive Board is hereby granted the authority to use such reasonable force as may be necessary under the circumstances to gain entry into a Unit in case of an emergency, if no other reasonable means of entry is available. The Association shall be responsible for the cost and expense of repairing all damages to property occurring as a result of such forcible entry, which costs shall be considered Common Expenses, unless the emergency and/or damage results from the willful act or negligence of an Owner or Occupant, in which event such Owner shall be solely responsible for the costs of repairing/restoring such damage. These costs can be levied, assessed and collected by the Executive Board as a Reimbursement Assessment pursuant to the provisions of this Declaration. A like easement is hereby granted to the Mocklin Homeowners Association LLC for purposes of exercising any of the enforcement rights granted to it hereunder. 4.4 Encroachment Easements. Each Owner has an easement upon an adjoining Unit or Common Element for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, reconstruction, repair, settlement or shifting or movement of the building, or any other similar cause. There shall be valid easements for the maintenance of said encroachments so long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however, that in no event shall a O valid easement for encroachments occur due to the willful misconduct of an Owner. In the event a structure is partially or totally destroyed, and then repaired or rebuilt in substantially the same manner �>I.- as originally constructed, the Owners agree that minor encroachments upon an abutting Unit or �sN—•-'M Common Element shall be permitted and that there shall be valid easements for the maintenance of Q said encroachments so long as they shall exist. �Q 4.5 Blanket Emergencv Services Easement. There is hereby created,, granted and reserved for the use and benefit of all police, sheriff, fire protection, ambulance and other similar emergency agencies or persons, now or hereafter serving the Common Interest Community and its Owners and agii�� Occupants, a perpetual, non-exclusive blanket Emergency Services Easement over, upon, along and �W z across all properties and areas within the Common Interest Community, for use in the lawful �_ performance of their duties. e e �mm 4.6 Easements Deemed Created. All conveyances of Units hereafter made, shall be deemed c and construed to grant and reserve all of the easements referred to in this Article 4 and elsewhere in m this Declaration, even though no specific reference to such easements appears in the conveyancing instruments. N%tr cc ssav s sw o wN.r,. 13 4.7 Recorded Easements and Licenses. In addition to the easements described in this Article 4 and elsewhere in this Declaration, the recorded casements and licenses appurtenant to or included in the Common Interest Community arc set forth on Exhibit B attached hereto and made a part hereof by this reference. ARTICLE 5 COMMON ELEMENTS 5.1 Use and Enjoyment of Common Elements. Except as otherwise provided in this Declaration, each Owner shall have the non-exclusive right to use and enjoy the Common Elements in common with all other Owners (a) for all purposes for which such Common Elements were established, and (b) as required for purposes of access and ingress to and egress from (and use, occupancy and enjoyment of) any Unit owned by the Owner or Common Elements available for the Owner's use. This right to use and enjoy the Common Elements shall extend to each Owner, Occupant, and the family members, guests and invitees of each Owner and Occupant, and shall be appurtenant to each Unit, subject at all times to the provisions of this Declaration, the Articles and Bylaws, and any rules and regulations adopted by the Executive Board from time to time. No Owner or Occupant shall place any structure or improvement whatsoever upon the Common Elements, nor shall any Owner or Occupant engage in any activity which will temporarily or permanently impair free and unobstructed access to or use of all parts of the Common Elements (excepting Limited Common Elements) by all Owners and by the Association. If a Limited Common Element is designated on the Map or in this Declaration for the use of only one Unit, the Owner and Occupant of that Unit (and their family members, guests and invitees) shall have the exclusive right to use and enjoy that Limited Common Element for the purposes for which it was created, subject to any rules or regulations relating thereto. If a Limited Common Element is designated on the Map or in this Declaration for the use of more than one Unit, the Owners and Occupants of those Units (and their family members, guests, and inivitees) shall have the non- exclusive right to use and enjoy that Limited Common Element in common with one another(but to the exclusion of Owners and Occupants of Units not so designated), for the purposes for which it was created, subject to any rules or regulations relating thereto. 5.2 Association Mav Regulate Use of Common Elements. The Association, acting through the Executive Board, shall have the right and authority to regulate the use of the Common Elements by e the promulgation, enforcement and interpretation from time to time of such rules and regulations relating thereto as the Association considers necessary or appropriate for the protection and ��}.. preservation of the Common Elements and the enhancement of the use and enjoyment thereof by the �y9 Owners and Occupants. 5.3 Owner Liability for Owner or Occupant Damage to Common Elements. Each Owner =o le shall be liable to the Association for any damage to Common Elements or for any expense, loss or •+ liability suffered or incurred by the Association in connection with the Common Elements arising from rom—a (a) the negligence or willful misconduct of such Owner or of any Occupant, agetlt, employee, family cc 10 member, guest or invitee of such Owner, or (b) any violation by such Owner or any Occupant, agent, �ozemployee, family member, guest or invitee of such Owner of any lacy, regulation, or code, including without limitation any environmental law, or of any provisions of this Declaration, or the rules and so regulations relating to the Common Elements. Each Owner shall indemnify, defend and hold the -= Z.m Association harmless from any loss, damage, expense or liability arising from the circumstances ±to o described in subsections (a) or (b) immediately above. The Association shall have the power to levy m and collect a Reimbursement Assessment against a Unit Owner to recover the costs, expenses, damage, tea;'; losses or liabilities incurred by the Association as a consequence of any such negligence, willful �Q misconduct or violations by the Owner or the Owner's Occupant. �tr �m� �W o �Nm 14 5.4 Damaee or Destruction to Common Elements. In the event of damage to or destruction of the Common Elements, including improvements thereon, by fire or other casualty, the Association shall repair or replace the same in accordance with the provisions of Section 8.2 below. Repair, reconstruction, or replacement of Common Elements shall be accomplished under such contracting and bidding procedures as the Association shall determine are appropriate. If insurance proceeds available to the Association on account of damage or destruction exceed the cost of repair, reconstruction, and replacement, the Association may use the same for future maintenance, repair, improvement, and operation of Common Elements or for any other use deemed appropriate by the Executive Board. 5.5 Condemnation of Common Elements. If any Common Element or part thereof or interest therein is taken under exercise of the power of eminent domain or by purchase in lieu thereof, the portion of any award in condemnation or the price payable for the deed in lieu that is attributable to the Common Element taken or purchased shall be paid to the Association. The Association shall have the exclusive right to participate in such condemnation proceedings and to represent the interests of all Owners and Occupants and other persons therein. Any award or funds received by the Association shall be held by the Association for the purposes stated in Section 5.4 above or as a reserve for future maintenance, repair, reconstruction, or replacement of Common Elements or may be used for improvements or additions to or operation of Common Elements or for such other uses as may be deemed appropriate by the Executive Board. Except as may otherwise be provided by the Act, no Owner or other person shall be entitled to participate as a party or otherwise in any condemnation proceedings nor to receive any proceeds therefrom. ARTICLE 6 ASSOCIATION 6.1 Association; General Powers. The Association has been formed as a Colorado nonprofit corporation under the Colorado Nonprofit Corporation Act to manage the affairs of the Common Interest Community. The Association shall serve as the governing body for all of the Owners and Occupants for the protection, improvement, alteration, maintenance, repair, replacement, administration and operation of the Common Elements, the levying and collection of Assessments for Common Expenses and other expenses of the Association, and such other matters as may be provided in this Declaration, the Articles and the Bylaws. The Association shall have all of the powers, authority and duties as may be necessary or appropriate for the management of the business and affairs a of the Common Interest Community, including without limitation all of the powers, authority and duties of a Colorado corporation formed under the Colorado Nonprofit Corporation Act, and all of the J z powers and duties provided for in the Act. The Association shall have the power to assign its right to �y c future income, including the right to receive Common Expense assessments, but only upon the affirmative vote of the Owners Units holdin at least 51 oercent of the total allocated votes in the Association. The Association shall not be deemed to be conducting a business of any kind, and all funds received by the Association shall be held and applied by it for the Owners in accordance with the AL provisions of this Declaration, the Articles and the Bylaws. 6.2 Association Executive Board. The affairs of the Association shall be managed by an � 'a z Executive Board. The number, term, and qualifications of the members of the Executive Board shall =� be fixed in the Articles of Incorporation or the Bylaws, except that there shall never be less than 3 _'r 6t members. A u�m shall be deemed present throughout any meeting of the Executive Board if �;;a persons entitled to cast at cast_ 50 ercent of the votes on the Executive Board are present at tl►e a° beginning of the meeting. With the exception of matters that may be discussed in executive session, as '-0 m set forth in Section 38-33.3-308(3-7) of the Act, all regular and special meetings of the Executive °;..: Board or any committee thereof shall be open to attendance by all Members of the Association or their �m.T..r representatives. Without limiting the generality of the foregoing, no rule or regulation may be validly W adopted during an executive session. �w o at.+ 15 The Executive Board shall have all of the powers, authority and duties granted or delegated to it by the Act, this Declaration, the Articles or Bylaws. Except as provided in the Act, this Declaration, the Articles or Bylaws, the Executive Board may act in all instances on behalf of the Association. The Executive Board may not, however, act on behalf of the Association to amend this Declaration, to terminate the Common Interest Community, or to elect members of the Executive Board or determine the qualifications, powers and duties, or terms of office of Executive Board members,but the Executive Board may fill vacancies in its membership for the unexpired portion of any term. The Executive Board may, by resolution,delegate portions of its authority to officers of the Association, but such delegation of authority shall not relieve the Executive Board of the ultimate responsibility for management of the affairs of the Association. No member of the Executive Board and no officer shall be liable for actions taken or omissions made in the performance of such member's or officer's duties except for wanton and willful acts or omissions. 6.3 Membershio in Association. There shall be one Membership in the Association for each Unit within the Common Interest Community. The person or persons who constitute the Owner of a Unit shall automatically be the holder of the Membership appurtenant to that Unit, and shall collectively be the "Member" of the Association with respect to that Unit, and the Membership appurtenant to that Unit shall automatically pass with fee simple title to the Unit.. Membership in the Association shall not be assignable separate and apart from fee simple title to a Unit, and may not otherwise be separated from ownership of a Unit. 6.4 Voting Rights of Members. Each Unit in the Common Interest Community shall have that allocated portion of the y-9 cs in the Association as is set forth in the Allocated Interests Schedule attached hereto as E�A. Occupants of Units shall not have voting rights. If title to a Unit is owned by more than one (1) person, such persons shall collectively cast their allocated votes. If only one of the multiple owners of a Unit is present at an Association meeting, such owner is entitled to cast the votes allocated to that Unit. If more than one of the multiple owners is present, the votes allocated to that Unit may be cast only in accordance with the agreement of a majority in interest of the owners. There is majority agreement if any of the multiple owners casts the votes allocated to that Unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the Unit. In the event of a protest being made by one or more multiple owners, and a 40 majority of the multiple owners of the Unit cannot agree on how to cast their votes, any votes cast for that Unit shall be null and void with regard to the issue being voted upon. Such multiple owners and = their Unit shall nevertheless be counted in determining the presence of a quorum with respect to the any 40 issue being voted upon. �a Y A quorum is deemed present throughout any meeting of the Members of the Association if persons entitled to cast at least 50 percent of the total allocated vo in �a a person or by proxy, at the beginning of the meeting. For example, if the total allocated votes set forth cc 0:W w on the Allocated Interests Schedule is 1000, a quorum exists if persons entitled to cast at least 500 of 6 m said allocated votes are present. �OZ um—a.m Provided a quorum of allocated votes is present in person or by proxy, the affirmative vote of a .—,*m majority of the total allocated votes so present shall constitute approval of any matter voted upon � O �••m o unless a different number is required on a particular matter by the Act, this Declaration, the Articles, �°m or the Bylaws. The votes allocated to a Unit may be cast pursuant to a proxy duly executed by a Unit Owner. �N If a Unit is owned by more than one person, each owner of the Unit may vote or register protest to the --m casting of a vote by the other owners of the Unit through a duly executed proxy. A Unit Owner may 49 not revoke a proxy given pursuant to this Section except by actual notice of revocation to the person WC#W. s q o sv m vn 16 presiding over a meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy shalt terminate eleven (11) months after its date, unless a different termination date is otherwise set forth on its face. The Unit Owners, by a vote 67 ercent of all allocated votes present and entitled to vote at any meeting of the Unit Owners at which a quorum is present, may remove any member of the Executive Board with or without cause. ARTICLE 7 ALLOCATED INTERESTS Each Unit Owner's percentage of undivided interests in the Common Elements, and the Common Expense liability and votes in the Association allocated to each Unit, are set forth in the Allocated Interests Schedule attached hereto as Exhibit A. Such Allocated Interests are based on the square footage of the respective Units. A Unit's undivided interest in the Common Elements, and the Common Expense liability of that Unit, is a percentage calculated by dividing the square footage of that Unit into the total square footage of all of the Units, with the resulting number rounded off to the nearest hundredth. A Unit has the same number of votes in the Association as there arc square feet in the Unit. ARTICLE 8 INSURANCE 8.1 Insurance Renuirements. The Association shall obtain, maintain and keep in full force and effect at all times the following types of insurance, and the cost of said coverage shall be paid by the Association as a Common Expense: (a) Casualty Insurance. Property insurance on the Common Elements and on any property owned by the Association. The insurance must include the Units but not the finished interior surfaces of the walls, floors and ceilings of the Units. Such insurance shall be for broad form covered causes of loss, including casualty, fire, and extended coverage insurance including, if available at a reasonable cost, coverage for vandalism and malicious mischief. Such insurance shall be for the full insurable replacement cost of the Units and other insured property, less applicable deductibles at the time the insurance is purchased and at each renewal 0 date, exclusive of land, excavation, foundations and other items normally excluded from >- property policies. J Z !v o (b) Liability Insurance. Comprehensive general liability insurance against claims riNIN10 z and Iiabilities arising in connection with the ownership, existence, use or management of the Common Elements and covering public liability or claims of liability for injury to persons =o 6- and/or property, and death of any person or persons. Such liability insurance shall, to the f-a. extent reasonably obtainable, (a) have limits of not less than Two Million Dollars =� ($2,000,000.00) per person and Two Million Dollars ($2,000,000.00) per occurrence; (b) U insure the Executive Board, the Association and its officers, and their respective employees, `o z agents and all persons acting as agents; (c) include the Owners as additional insureds, but only for claims and liabilities arising in connection with the ownership, existence, use or management of the Common Elements; (d) cover claims of one or more insured parties against other insured parties; and (e) be written on an occurrence basis. ��CD W 6) (c) Worker's Compensation. A Worker's Compensation policy, if necessary, to meet the requirements of law. �N S to et �s V7 A .y k �G O N.+ `* 17 (d) Directors and Officers Liability Insurance. The Association may, in its discretion, carry directors and officers liability insurance in such amount as the Executive Board may deem appropriate. , (e) Other Insurance. Such other insurance in such amounts as the Executive Board shall determine, from time to time, to be appropriate to protect the Association or the Unit Owners, or as may be required by the Act. (f) General Provisions Resnectine Insurance. Insurance policies carried pursuant to Sections 8.l(a) and 8.1(b)above shall provide that(i)each Owner is an insured person under the policy with respect to liability arising out of such Owner's interest in the Common Elements or membership in the Association;(ii)the insurer waives its rights of subrogation under the policy against the Association, each Owner, and any person claiming by, through, or under such Owner or any other director,agent or employee of the foregoing, (c) no act or omission by any Owner, unless acting within the scope of such Owner's authority on behalf of the Association,will void the policy or be a condition to recovery under the policy;and(d)if at the time of a loss under the policy, there is other insurance in the name of an Owner covering the same risk covered by the policy,the Association's policy shall be the primary insurance. An insurer that has issued an insurance policy for the insurance described in Sections 8.1(a)and 8.1(b)above shall issue certificates or memoranda of insurance to the Association and, upon request, to any Unit Owner or holder of a security interest to whom a certificate or memorandum of insurance has been issued, at their respective last-known addresses. Any loss covered by the property insurance policy described in Section 8.1(a) above must be adjusted with the Association, but the insurance proceeds for that loss shall be payable to any insurance trustee designated for that purpose, or otherwise to the Association, and not to any holder of a security interest. The insurance trustee or the Association shall hold any insurance proceeds in trust for the Association, Unit Owners and lienholders as their interests may appear. Subject to the provisions of Section 38.33.3-313(9)of the Act,the proceeds must be disbursed first for the repair or restoration of the damaged property,and the Association,Unit Owners,and lienholders are not entitled to receive payments of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely restored or the Common Interest Community is terminated. The Association may adopt and establish written nondiscriminatory policies and procedures relating to the submittal of claims, responsibility for deductibles, and any other matters of claims adjustment. To the extent the Association settles claims for damages to real property, it shall have the �1- authority to assess negligent Owners causing such loss or benefiting from such repair or restoration for all M NE deductibles paid by the Association. In the event more than one Unit is damaged by a loss, the H o Association in its reasonable discretion may assess each Unit Owner a pro rata share of any deductible =W z paid by the Association. �; M cc X °H Insurance policies and insurance coverage shall be reviewed at least annually by the —6-0. Executive Board to ascertain whether coverage under the policies is sufficient in light of the i-MM Cr �Crm current values of Common Elements and in light of the possible or potential liabilities of the v m Association and other insured parties. �nz ten.m In no event shall insurance coverage obtained or maintained by the Association obviate as the need for Owners and Occupants to obtain insurance for their own benefit. sties m (g) Nonliability of Association or Executive Board. Notwithstanding the duty of M m the Association to obtain insurance coverage, as stated herein, neither the Association nor any ��ti Executive Board member, shall be liable to any Unit Owner, Occupant, mortgagee or other �C4 person, if any risks or hazards are not covered by insurance, or if the appropriate insurance is ro not obtained because such insurance coverage is not reasonably obtainable on the Association's sm� s� a—M M o P�M T4 it N 18 behalf, or if the amount of insurance is not adequate, and it shall be the responsibility of each Unit Owner and Occupant to ascertain the coverage and protection afforded by the Association's insurance and to procure and pay for such additional insurance coverage and protection as the Unit Owner or Occupant may desire. (h) Premiums. premiums for insurance policies purchased by the Association and other expenses connected with acquiring such insurance shall be paid by the Association as a Common Expense, except that the amount of increase over any annual or other premium occasioned by the use, misuse, occupancy or abandonment of a Unit or its appurtenances, or Common Elements, by a Unit Owner or Occupant, may at the Executive Board's election, be assessed against that particular Unit Owner and his Unit as a Reimbursement Assessment. (i) Insurance Claims. The Association is hereby irrevocably appointed and authorized, subject to the provisions contained herein, to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims, and to do all other acts reasonably necessary to accomplish any of the foregoing. The Executive Board has full and complete power to act for the Association in this regard, and may, in its discretion, appoint an authorized representative, or enter into an insurance trust agreement, wherein the trustee shall have the authority to negotiate losses under any policy purchased by the Association. (j) Benefit. Except as otherwise provided herein, all insurance policies purchased by the Association shall be for the benefit of, and any proceeds of insurance received by the Association or any insurance trustee shall be held or disposed of in trust for the Association, the Unit Owners, or the Occupants, as their interests may appear. (k) Other Insurance to be Carried by Unit Owners. Insurance coverage on the improvements, furnishings and other items of personal property belonging to a Unit Owner or Occupant, and public liability insurance coverage upon each Unit and any Limited Common Elements designated for that Unit shall be the responsibility of the Owner or Occupant of the Unit. 8.2 Damage to Common Interest Community. Any portion of the Common Interest .rN>- Community for which insurance is required under Section 38-33.3-313 of the Act that is damaged or iyF- destroyed must be repaired or replaced promptly by the Association unless: (i) the Common Interest o Community is terminated; (ii) repair or replacement would be illegal under any state or local statute or �.+N V ordinance governing health or safety; or (iii) 80 percent of the Unit Owners, including owners of every !qY Unit that will not be rebuilt, vote not to rebuild. `a a The cost of repair or replacement in excess of insurance proceeds and reserves is a Common �,.¢m Expense. If the entire Common Interest Community is not repaired or replaced, the insurance proceeds �- attributable to the damaged Common Elements must be used to restore the damaged property to a . °Z condition compatible with the remainder of the Common Interest Community, and, except to the extent that other persons will be distributees, the insurance proceeds attributable to Units and Limited �m m Common Elements that are not rebuilt must be distributed to the Owners of those properties, or to v lienholdcrs, as their interests may appear, and the remainder of the proceeds must be distributed to all �m Unit Owners or lienholdcrs as their interests may appear in proportion to the Common Elements -�co m interests of the Units. MNW4 In the event of damage to or destruction of all or a portion of the Common Elements due to fire =W or or other adversity or disaster, the insurance proceeds, if sufficient to reconstruct or repair the damage, M�m v shall be applied by the Association to such reconstruction and repair. If the insurance proceeds with mum M respect to such damage or destruction arc insufficient to repair and reconstruct the damage or vn 19 destruction, the Association may levy a Special Assessment in the aggregate amount of such deficiency, or if any Owner or group of Owners is liable for such damage, may levy a Reimbursement Assessment against the Owner or group of Owners responsible therefor, and shall proceed to make such repairs or reconstruction. Such Assessment shall be due and payable as provided by resolution of the Executive Board, but not sooner than 60 days after written notice thereof. The Assessment provided for herein shall be a debt of each Unit Owner assessed and a lien on his Unit, and may be enforced and collected in the same manner as any Assessment Lien provided for in this Declaration. If the entire damaged property is not repaired or replaced, the insurance proceeds attributable to the damaged property must be used to restore the damaged property to a condition compatible with the remainder of the Common Interest Community. No distributions of insurance proceeds shall be made unless made jointly payable to the Unit Owners and first mortgagees of their respective Units, if any. ARTTCLE 9 LIMITED LIABILITY Neither the Association nor its past, present or future officers or directors, nor any other employee, agent or committee member of the Association shall be liable to any Owner or Occupant or to any other person for actions taken or omissions made except for wanton and willful acts or omissions. Without limiting the generality of the foregoing, the Association and the Executive Board shall not be liable to any Owner or Occupant or other person 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. Acts taken upon the advice of legal counsel, certified public accountants, registered or licensed engineers, architects or surveyors shall conclusively be deemed to be in good faith and without malice. To the extent insurance carried by the Association for such purposes shall not be adequate, the Owners severally agree to indemnify and to defend the Association and the Executive Board against claims, damages or other liabilities resulting from such good faith action or failure to act. ARTICLE 10 ASSESSMENTS 10.1 Assessment Obligation. Landowner, for each Unit, shall be deemed to covenant and agree, and each Unit Owner, by acceptance of a decd therefor (including a public trustee's or sheriffs deed), whether or not it shall be so expressed in any such deed or other instrument of conveyance, shall be deemed to covenant and agree, to pay to the Association: (1) Regular Assessments or charges, (2) Special Assessments, and (3) Reimbursement Assessments, such assessments to be established and collecte as hereinafter provided (collectively the "Assessments"). The Assessments, together with C3 0 interest, late charges, costs, and reasonable attorneys' fees, shall be a continuing lien and security �>210-- interest upon the Unit against which each such Assessment is charged. The obligation for such payments by each Unit Owner to the Association is an independent covenant, with all amounts due —N 0 from time to time payable in full without notice (except as otherwise expressly provided in this �w z Declaration) or demand, and without set-off or deduction of any kind-or nature. Each Unit Owner is ='a x liable for Assessments made against such Owner's Unit during his period of ownership of the Unit. Each Assessment, together with interest, late charges, costs and reasonable attorneys' fees, shall also �<c be the joint, several and personal obligation of each person who was an Owner of such Unit at the time Cr ea �cc 6i, when the Assessment became due. Upon the transfer of title to a Unit, the transferor and the transferee 049 shall be jointly, severally and personally liable for all unpaid Assessments and other charges due to the Association prior to the date of transfer, and the transferee shall be personally liable for all such sa m Assessments and charges becoming due thereafter. �0 0 10.2 Statutory Lien. The Association has a statutory lien pursuant to §38-33.3-316 of the CO 49 Act on the Unit of an Owner for all Assessments levied against such Unit or fines imposed against �° such Unit's Owner from the time the Assessment or fine becomes due (the "Assessment Lien"). Fees, M�,* charges, late charges, attorneys' fees, fines and interest charged by the Association pursuant to the Act �N =m &M •" 20 �a o �aa w'N or this Declaration arc enforceable as Assessments. The amount of the lien shall include all such items from the time such items become due. If an Assessment is payable in installments, the Association has an Assessment Lien for each installment from the time it becomes due, including the due date set by the Executive Board's acceleration of installment obligations. An Assessment Lien is extinguished unless proceedings to enforce the lien are instituted within 6 years after the full amount of Assessments becomes due. 10.3 Lien Superior to Homestead and Other Exemptions. An Assessment Lien shall be superior to any homestead exemption now or hereafter provided by the laws of the State of Colorado or any exemption now or hereafter provided by the laws of the United States. The acceptance of a deed subject to this Declaration shall constitute a waiver of the homestead and any other exemption as against said Assessment Lien. 10.4 Prioritv of Lien. An Assessment Lien is prior to all other liens and encumbrances on a Unit except as follows: (a) Liens and encumbrances recorded before the recordation of this Declaration; (b) A security interest on the Unit which has priority over all other security interests on the Unit and which was recorded before the date on which the Assessment sought to be enforced became delinquent. An Assessment Lien is prior to the security interest described in the preceding sentence to the extent of an amount equal to the Regular Assessments (based on a Budget adopted by the Association pursuant to Section 10.7 below) which would have become due, in the absence of any acceleration, during the 6 months immediately preceding institution by the Association or any party holding a lien senior to any part of the Association lien created under this Article 10 of an action or a nonjudicial foreclosure either to enforce or to extinguish the lien; (c) Liens for real estate taxes and other governmental assessments or charges against the Unit; and (d) As may otherwise be set forth in the Act. The priority of mechanics' and matcrialmen's liens is not affected by the Act. e This Article 10 does not prohibit an action or suit to recover sums for which this Article 10 creates a lien or prohibit the Association from taking a deed in lieu of foreclosure. Sale or transfer of any Unit . 6 'A shall not affect the lien for an Assessment. FA C2 J 2 � 0 �4n 10.5 Perfection of Lien. The recording of this Declaration constitutes record notice and �z perfection of the statutory lien. No further recordation of any claim of lien for Assessments is �o F required; however, a claim may be recorded at the Association's option, in which event costs and CL attorneys' fees incurred in connection with the preparation and filing of such claim shall be assessed � c against the Unit as a Reimbursement Assessment. �J m W m 10.6 Regular Assessments. !cz a Regular Assessment shall be made annually against each Unit, based upon ••a; a annual Budget pared by the Executive Board, for purposes of paying (i) the annual costs �m o o ing and administering the Association and all other Common Expenses, (ii) the costs �0)to of services rendered or expenditures incurred by the Association to or for less than all Units �� (but not including Common Expenses), which shall be assessed only to the Units benefited and sN then equally among them, (iii) reasonable reserves for contingencies, replacements, and other =aca z �av o CM a n 21 proper purposes, and (iv) such other matters as may be reasonably determined by the Executive Board to be the subject of a Regular Assessment; (b) Regular Assessments shall be allocated in accordance with the Allocated Interests of each Unit in the Common Interest Community, except that (i) any Common Expense or portion thereof benefiting fewer than all of the Units shall be assessed exclusively against the Units benefited; (ii) in allocating natural gas charges, the garage and basement spaces (containing a total of 1,912 square feet) shall be deleted from the square footage nit I a d the Common Expense liability of the Units shall be recalculated accordingly; and (iii) '-afiy Common Expense associated with the maintenance, repair, improvement or replacement of a Limited Common Element shall be assessed only against the Unit(s) for which the Limited Common Element is designated. Notwithstanding the foregoing, the costs of routine cleaning and snow clearing of entries, halls and stairways that are designated Limited Common Elements on the Map shall be Common Expenses that are assessed against all Units. (c) Regular Assessments shall be levied on a calendar year basis, except that the initial Regular Assessment period shall commence on the first day of the final quarter of 1998. Regular Assessments shall be paid in installments on a monthly, quarterly or semi-annual basis, as the Executive Board may determine from time to time, and shall be due either on the first day of each calendar month or on the first day of each calendar.year quarter (January 1, April 1, July 1 and October 1), or on the first day of a semi-annual period (e.g. January 1, July 1) as appropriate. Unless and until changed to a monthly or semi-annual system by the Executive Board, Regular Assessments shall be due and payable on the first day of each calendar quarter. Any Unit Owner acquiring a Unit between installment due dates shall pay a pro rata share of the immediately preceding installment. (d) The Executive Board sh�il fi (he ampttnLQf t__h�R�g»lar Asscssmnt, using the Budget procedure described below, at least 30 days before the end of each calendar year._ Written notice of the Regular Assessment shall be sent to each Owner. Failure of the Executive Board timely to fix and levy the Regular Assessments for any year or to send a notice thereof to any Owner shall not relieve or release any Owner from liability for payment of Regular Assessments or any installments thereof for that or subsequent years as soon as the Executive Board levies the Regular Assessment and provides notice thereof. (e) The Executive Board shall also mail to each Owner at least 10 days prior to the due date thereof a written notice of the amount of the next quarterly (or monthly or semi C annual, as the case may be) installment of Regular Assessment that is due from such Owner, and the date on which such installment is due pursuant to subparagraph (d) above. Failure of �y the Executive Board to send timely notice to any Owner of an installment of Regular Assessment due shall not relieve or release any Owner from liability for payment of that �'n v installment as soon as the Executive Board in fact provides such notice. N ►+Z aax (f) In accordance with §38-33.3-314 of the Act, any surplus funds remaining after °.I., payment of or provision for Association expenses and any prepayment of or provision for �a n' reserves shall be carried forward as a credit against the next year's budget. yam —w m 10.7 Association Budget. The Executive Board is adopting a Budget for the final quarter of 1998. The regular assessments for said final quarter shall be based on that Budget. During the last 3 iiii—m a months of 1998, and annually thereafter, the Executive Board shall prepare or cause to be prepared an m operating budget (the "Budget") for the next calendar year. The Budget shall provide for the m° allocation of any surplus funds remaining from any previous Budget period. Within thirty (30) days Sao m after adoption of any proposed Budget for the Association (other than the Budget for the final quarter —cri CD =w of 1998), the Executive Board shall mail, by ordinary first-class mail, or otherwise deliver, a summary a0 (n 22 �m O imN m __ar N of the Budget to all the Unit Owners and shall set a date for a meeting of the Unit Owners to consider ratification of the Budget not less than 14 nor more than 60 days after the mailing or other delivery of the summary. Such meeting may, but need not.be, concurrent with the annual meeting of the Members as provided in the Bylaws. Unless at that meeting 67 percent of all Unit Owners reject the Budget, the Budget shall be ratified, whether or not a quorum of Owners is present. In the event that the proposed Budget is rejected, the Budget last ratified by the Unit Owners shall be continued until such time as the Unit Owners ratify a subsequent Budget proposed by the Executive Board. 10.8 Special Assessments. In addition to the Regular Assessments and Reimbursement Assessments authorized in this Article 10, the Executive Board may levy, in any assessment year, a Special Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, maintenance, or replacement of capital improvements (including related fixtures and personal property) to or upon or serving the Common Interest Community, or for excess reconstruction costs or other extraordinary expenses, or for funding any operating deficit of the Association. Except in the event of an emergency, where no membership vote shall be required, the Executive Board shall not levy a Special Assessment without the approval of the Unit Owners in the Common Interest Community as provided below. Written notice of any meeting called for the purpose of levying a Special Assessment shall be sent to all Owners no less than 30 or more than 50 days before the meeting. At the meeting, the presence of Owners in person or by proxy that are entitled to cast 60 percent of the total allocated votes in the Association shall constitute a quorum. If the required quorum is not present, another meeting may be called pursuant to the same notice requirements, and the required quorum at this second meeting shall be only 30 percent of the total allocated votes in the Association. No such second meeting shall be held more than 60 days following the date of the first meeting. Provided a quorum of Owners entitled to vote is present in person or by proxy, in accordance with the quorum requirements set forth in the preceding paragraph, then the affirmative vote of a majority of the Owners so present shall constitute approval of the proposed Special Assessment. For purposes of this Section 10.8, the term "emergency" shall mean any circumstances or set of circumstances which pose an imminent threat of loss, damage or injury, actual or threatened, to persons or property. Special Assessments shall be allocated in the same manner as Regular Assessments, that is, in accordance with the Allocated Interests of each Unit in the Common Interest Community, and shall be due and payable to the Association on the due date fixed by the Executive Board in the notice given to the Owners of such Special Assessment, which due date shall be no earlier than 30 days after the giving of such notice. 10.9 Reimbursement Assessments. In addition to the Regular and Special Assessments authorized hereunder, the Executive Board may levy against any Owner or Owners, at any time and from time to time, a Reimbursement Assessment for purposes of reimbursing the Association for all costs and expenses incurred by it in enforcing any provision of or in remedying any violation of this Declaration, the Articles and Bylaws, or any rules and regulations, by such Owner or Owners, their Occupant(s), or their agents, employees or contractors. Reimbursement Assessments may also be made by the Executive Board for any other purposes for which this Declaration provides for the levying of a Reimbursement Assessment. Finally, and in addition to the foregoing, a Reimbursement Assessment tttay also be levied in the form of a reasonable fine against an Owner for a violation of this Declaration, the Articles, Bylaws, or the rules and regulations, but only after the Owners) to be so fined have been provided with Notice and Hearing. Reimbursement Assessments shall be due and payable to the Association on the due date fixed by the Executive Board in the notice given to the Owners) of such Reimbursement Assessment, which date shall be no earlier than 30 days after the giving of such notice. IIlIIIf illlllillll 111111 IIIlIlIIIIlIlII III 1!11111 II II11 1013 08/24/1998 01:40P DECLARAT DAVIS SILVI 27 of 34 R 171.00 D 0.00 N 0.00 PITKIN COUNTY CO 23 10.10 Effect of Nonpayment of Assessments; Remedies of the Association. Any Assessment or portion or installment thereof which is not paid when due (or for which a bad check is issued) shall be deemed delinquent and shall bear interest from and after the due date at the rate of interest set by the Executive Board from time to time, which shall not be less than 12 percent nor more than 21 percent per year, and the Executive Board may also assess a late charge (and/or a bad check charge) thereon. The Executive Board may also elect to accelerate the installment obligations of any Regular Assessment for which an installment is delinquent. The delinquent Owner shall also be liable for all costs, including attorneys' fees, which may be incurred by the Association in collecting a delinquent Assessment, which collection costs shall be added to the delinquent Assessment. The Executive Board may but shall not be required to record a Notice of Delinquent Assessment or charge against any Unit as to which an Assessment or charge is delinquent. The Notice shall be executed by an officer of the Executive Board, and shall set forth the amount of the unpaid Assessment or charge, the name of the delinquent Owner and a description of the Unit. The Assessment Lien may be foreclosed by the Association in the same manner as a mortgage on real property. The Association shall be entitled to purchase the Unit at foreclosure. The Association may also bring an action at law against the Owner personally obligated to pay the delinquent Assessment and/or foreclose the lien against said Owner's Unit in the discretion of the Association. No Owner may exempt himself or otherwise avoid liability for the Assessments provided for herein by waiver of the use or enjoyment of any Common Elements or by abandonment of the Unit against which the Assessments are made. In any action by the Association to collect Assessments or to foreclose a lien for unpaid Assessments, the court may appoint a receiver to collect all sums alleged to be due from the Unit Owner prior to or during the pending of the action. The court may order the receiver to pay any sums held by the receiver to the Association during the pending of the action to the extent of the Association's Regular Assessments. 10.11 Statement of Unpaid Assessments. The Association shall furnish to an Owner or such Owner's designee or to a holder of a security interest or its designee upon written request, delivered personally or by facsimile transmittal or by certified mail, first class postage prepaid, return receipt requested, to the Association, a written statement setting forth the amount of unpaid Assessments currently levied against such Owner's Unit, whether delinquent or not. The statement shall be furnished within 14 days after receipt of the request and is binding on the Association, the Executive Board, and every Owner. If no statement is furnished either delivered personally or by facsimile transmission or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a lien upon the Unit for unpaid Assessments which were due as of the date of the request. 10.12 Assessments for Tort Liability. In the event of any tort liability against the Association which is not covered completely by insurance, each Owner shall contribute for the payment of such liability as a Special Assessment. The Association may, however, require a larger contribution from fewer than all Owners under any legal or equitable principles regarding liability for negligent or willful acts or omissions. ARTICLE 11 EMINENT DOMAIN 11.1 Definition of Taking. The term "taking", as used in this Article 11, shall mean condemnation by eminent domain or sale under threat of condemnation. 11.2 Representation in Condemnation Proceedings of Common Elements. In the event of a threatened taking of all or any portion of the Common Elements, the Unit Owners hereby appoint the I 11111111111111111111111111111111 M WIN 11 I111 421013 08/24/1998 01:40P DECLARAT DAVIS SILV 24 28 of 34 R 171.00 D 0.00 N 0.00 PITKIN COUNTY CO Association through such persons as the Executive Board may designate to represent the Association and all of the Unit Owners in connection therewith. The Association shall act in its sole discretio n ke a with respect to any awards being made in connection with the taking and shall be entitled to ma voluntary sale to the condemnor in lieu of engaging in a condemnation action. Service of process on the Association shall constitute sufficient notice to all Unit Owners, and service of proce individual Unit Owner shall not be necessary. ss on each 11.3 Award for Common Elements. Any awards received by the Association on account of the taking of Common Elements shall be paid to the Association. The Association may, in its sole discretion, retain any award in the general funds of the Association or distribute all or any portion thereof to the Townhomc Unit Owners as their interests may appear. The rights of a Unit Owner and the mortgagee of a Unit as to any such distribution shall be governed by the provisions of the mortgage encumbering the Unit. 11.4 Taking of Units. If a Unit is acquired by eminent domain or part of a Unit is acquired by eminent domain leaving the Unit Owner with a remnant which may not practically or lawfully c used for any purpose permitted by this Declaration, the award must include compensation to the Unit Owner for the acquired Unit and its Allocated Interests whether or not any Common Elemen ts were acquired. Upon acquisition, unless the decree otherwise provides, that Unit's Allocated Interests are automatically reallocated to the remaining Units (as appropriate) in proportion at the respective of a Allocated Interests of those Units before the taking. Any remnant of a Unit remaining after part ti ti e e Unit is taken is thereafter a Common Element. Otherwise, if part of a Unit is acquired by eminent domain, the award must compensate the Unit Owner for the reduction in value of the Unit and its interest in the Common Elements whether or not any Common Elements were acquired. Upon acquisition, unless the decree otherwise provides: (a) That Unit's Allocated Interests arc reduced in proportion to the reduction in the size of the Unit; and (b) The portion of Allocated Interests divested from the partially acquired Unit is automatically reallocated to that Unit and to the remaining Units(as appropriate) in proportion to the respective interests of those Units before the taking, with the partially acquired Unit Participating in the reallocation on the basis of its reduced Allocated Interests. 11.5 Miscellaneous. The court decree shall be recorded in Pitkin County. The reallocations of Allocated Interests pursuant to this Article shall be confirmed by an amendment to the Declaration prepared, executed, and recorded by the Association. ARTICLE 12 GENERAL,PROVISIONS 12.1 Duration of Declaration. The term of this Declaration shall be perpetual. 12.2 Termination of Community. The Common Interest Community may be terminated only by the agreement of(i) Unit Owners holding at least 84 percent of the total allocated votes in the Association, and (ii) the holders of all first mortgages on Units. In the event of such termination, the provisions of Section 38-33.3-218 of the Act shall apply. 12.3 Amendment of Declaration and Map. This Declaration and the Map may be amended pursuant to Section 38-33.3-217 of the Act. Under the Act, the Declaration may be amended by the Association in certain defined circumstances. Otherwise, this Declaration (including the Map) may be amended only by the vote or agreement of Unit Owners holding at least 67 percent of the total allocated votes in the Association. All amendments to this Declaration and to the Map shall require 111111 IIIII 111111111111111111111111111 111111111111 IN 21013 08/24/1998 01:40P DECLARAT DAVIS SILVI 25 29 of 34 R 171.00 D 0.00 N 0.00 PITKIN COUNTY CO J the prior written consent of the Managers of the Mocklin Homeowners Association LLC. No amendments to the provisions of Sections 3.19, 3.27(a) and/or 3.27(g) that specifically refer to Unit 1, and no amendments of any kind to Section 3.20 or 3.29, shall be effective without the written consent of the Owner of Unit 1. No consent of any mortgage or trust deed holder shall be required to accomplish any such amendments. An amendment to this Declaration shall be in the form of a"First (or Second, etc.) Amendment to Declaration and Map," and shall be duly executed by the President and Secretary of the Association and the Managers of the Mocklin Homeowners Association LLC and recorded in the Office of the Clerk and Recorder of Pitkin County. All amendments to this Declaration shall be indexed in the Grantee's index in the names of the Common Interest Community and the Association, and in the Grantor's index in the name of each person executing the amendment. 12.4 Compliance; Enforcement. Every Owner and Occupant of,a Unit in the Common Interest Community shall fully and faithfully observe, abide by, comply with and perform all of the covenants, conditions and restrictions set forth in this Declaration, the Articles, Bylaws and rules and regulations, and all approvals granted by the Executive Board, as the same or any of them may be amended from time to time. In addition to any other rights or remedies that may be provided to any person under the terms and provisions of this Declaration, the Association through its Executive Board, every Unit Owner (except an Owner that is delinquent in the payment of Assessments hereunder), and the Mocklin Homeowners Association LLC (being the entity formed to manage the affairs of adjoining Lots 1-6 of the Mocklin Subdivision), acting by and through its Managers, shall have the right, acting alone or together with others having such right, to enforce, by any proceeding at law or in equity, any or all of the covenants, conditions, restrictions, assessments, charges, liens, servitudes, casements and other provisions now or hereafter imposed by this Declaration, the Articles, Bylaws, rules and regulations, and approvals granted by the Executive Board. Such enforcement rights shall include without limitation the right to bring an injunctive action for any form of injunctive relief available under Colorado law (including specific performance), or an action for damages, or both. Injunctive relief may include, without limitation, orders to stop work, orders to remove improvements constructed in violation hereof, orders to compel performance, and any other orders appropriate under the circumstances. The Executive Board shall have the further right (a) to levy and collect, after Notice and Hearing, reasonable fines for the violation of any of the foregoing matters, (b) to levy and collect a Reimbursement Assessment against any Owner, and/or(c) to enter upon any Unit within the Common Interest Community, after giving the Unit Owner or Occupant at least 5 days written notice of the nature of the violation (unless an emergency exists, in which case without notice), without liability to the Owner or Occupant thereof, to enforce or cause compliance with such matters, at the cost and expense of the Owner or Occupant in violation. In any action brought under this Section 12.4, the prevailing party shall be entitled to an award of its reasonable attorneys' fees and costs incurred in connection therewith. Failure by any party entitled to do so to exercise in a particular instance any of the rights available to it under this Section 12.4 shall in no event be deemed a waiver of the right to do so in any other instance. Provided always, that no Owner shall have the right to bring an enforcement action against another Owner or Occupant for a breach by that Owner or Occupant of any of such [natters, or against the Association for a breach by the Association of any of such matters or for a failure by the Association to enforce compliance with such matters by others,until the aggrieved Owner has given the offending Owner or Occupant and the Association at least 30 days prior written notice of the aggrieved Owner's complaint and the opportunity to resolve the problem during that 30 day period. lilill 11111111111111111111111111111111111 IN 11111 IN 421013 08/24/1998 01:40P DECLARAT DAVIS SILVI 26 30 of 34 R 171.00 0 0.00 N 0.00 PITKIN COUNTY CO a And further provided, that notwithstanding any law to the contrary, no action shall be commenced or maintained to enforce the terms of any building restriction contained in the provisions of this Declaration, the Bylaws, the Articles of Incorporation, or the rules and regulations, compel the removal of any building or improvement because of the or to violation of the terms of any such building restriction, unless the action is commenced within one year from the date from which the person commencing the action knew or in the exercise of reasonable diligence should have known of the violation for which the action is sought to be brought or maintained. 12.5 Notice. Each Unit Owner, and each first mortgagee if it so elects, shall register its mailing address from time to time with the Association. Except as otherwise specifically provided in this Declaration, any notice permitted or required to be given hereunder shall be in writing and be may delivered either personally, or by facsimile transmission, or by mail. Notices delivered personally or sent by facsimile transmission shall be deemed given on the date so delivered or sent. If delivery is made by mail, it shall be deemed to have been delivered two (2) business days after a copy of the same has been posted in the first-class U.S. Mail with adequate postage affixed, addressed to the receiving party at the address last registered by such party with the Association, or in the case of a Unit Owner that has not provided such an address, to the Unit of that Owner. Notices to the Association shall be sent to such address as it may from time to time designate in writing to each Owner. 12.6 No Dedication to Public Use. Nothing contained in this Declaration shall be deemed to be or to constitute a dedication of all or any part of the Common Interest Community to the public or to any public use. 12.7 Interpretation of Declaration. The provisions of this Declaration shall be liberally construed to effectuate its purposes of creating a common and general plan for the development, improvement, enhancement, protection and enjoyment of the Common Interest Community, and to the extent possible, shall be construed so as to be consistent with the Act. In the event that any of the terms and conditions of this Declaration are determined to be inconsistent with the Act, the Act shall control. 12.8 Conflict With Map. In the event of any conflict or inconsistency between the Provisions of this Declaration and the Map, the provisions of said Map shall govern and control and this Declaration shall automatically be amended, but only to the extent necessary to conform the conflicting provisions hereof with the provisions of said Map. 12.9 Violations Constitute a Nuisance. Any violation of any provision, covenant, condition, restriction or equitable servitude contained in this Declaration, whether by act or omission, is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action, by any person entitled to enforce the provisions of this Declaration. This provision does not limit the remedies that may be available under this Declaration or at law or in equity. Failure of the Association to bring enforcement action to correct any violation of this Declaration shall not constitute a waiver of or estop the Association from bringing a future or subsequent enforcement action to correct such violation or any other similar violation. 12.10 Captions. Captions given to various Articles and Sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof and shall not be considered in interpreting any of tlic provisions hereof. 12.11 Singular Includes Plural. Unless the context requires a contrary construction, as employed in this Declaration the singular shall include the plural and the plural the singular; and the masculine,feminine or neuter shall each include the masculine, feminine and neuter. l illlll !llil 111!!1 IIIII! III !1!1111 II!!I III !!II IIIII Ill! 421013 08/24/1998 01:40P DECLARAT DAVIS SILVI 31 of 34 R 171.00 D 0.00 N 0.00 PITKIN COUNTY CO 27 u 12.12 Remedies Cumulative. Each remedy provided under this Declaration is cumulative and not exclusive. 12.13 Costs and Attorneys' Fees. In any action or proceeding involving the interpretation or enforcement of any provision of this Declaration, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection therewith. 12.14 Governine Law; Jurisdiction. The laws of the State of Colorado shall govern the interpretation, validity, performance, and enforcement of this Declaration. Any legal action brought in connection with this Declaration shall be commenced in the District Court for Pitkin County, Colorado, and by acceptance of a decd to a Unit each Unit Owner voluntarily submits to the jurisdiction of such court. 12.15 Severability. Any determination by any court of competent jurisdiction that any provision of this Declaration is invalid or unenforceable shall not affect the validity or enforceability of any of the other provisions hereof. Where any provision of this Declaration is alleged to be or declared by a court of competent jurisdiction to be unconscionable, Landowner shall have the right by amendment to this Declaration to replace such provision with a new provision, as similar thereto as practicable but which in Landowner's reasonable opinion would be considered not to be unconscionable. IN WITNESS WHEREOF, Landowner has execAtcclaration t ay ear first above written. LANDOWNER: VV in t Moni M. Mocklin STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing Declaration was acknowledged before me this day of August, 1998,by Peter Mocklin and Monica M. Mocklin. WITNESS my hand and official seal. WCOMMISSION EXPIRES µ;-- My commission expires: 417101 JI �: .� I p� o �. �� -� Notary Pu Itc A$PEN:0023288.05 421013 08/24/1998 01:40P DECLARAT DAVIS SILVI 32 of 34 R 171.00 D 0.00 N 0.00 PITKIN COUNTY CO 28 O tl EXHIBIT A 'w ALLOCATED INTERESTS SCHEDULE Each Unit Owner's percentage of undivided interests in the Common Elements and the Common Expense liability and votes in the Association allocated to each Unit shall be as follows: Unit No. Square Footage Percentage of Percentage Share Votes in Undivided of Common Association Interests in Expenses Common Elements 1 3,451 42% 42/0 o 2 1,392 3 451 3 17% 17% 1,392 4 569 7% 7% 569 689 8% 8% 5 677 8% 8% 677 7 683 8% 8% 683 8 386 5% 5% 386 Totals: 378 5% 5% 378 8.225 100% 100% 8,225 a i 11111111111 Illill 111111 III 1111 IN 421013 06/24/1998 01:40P DECLARAT DAVIS SILVI 33 of 34 R 171.00 0 0.00 N 0.00 PITKIN COUNTY CO o , EXHIBIT B RECORDED EASEMENTS AND LICENSES 1. Easements shown on Plat of Mocklin Subdivision recorded June 14, 1996 in Plat Book 39 at Page 92 and on the First Amendment to Plat recorded August_ , 1998 in Plat Book „ at Page 2. Easement Agreement recorded August y, 1998 at Reception No. 1 111111 Illllli{11111111111111111{11111111111111{!111111 421013 08/24/1998 01:40P DECLARAT DAVIS SILVI 34 of -34 R 171.00 D 0.00 N 0.00 PITKIN COUNTY CO