HomeMy WebLinkAboutLand Use Case.1000 E Hopkins Ave.A091-02
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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A091-02
2737-182-01010
1000 E. Hopkins PUD and GMQS Amendment
1000 E. Hopkins
James Lindt
PUD and GMQS Amendment
Robert Blatt
Francis Krizmanich
2/24/03
Denied
2/25/03
J. Lindt
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ORDINANCE NO.7
(SERIES OF 2003)
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AN ORDINANCE OF THE ASPEN CITY COUNCIL APPR()VlNG
AMENDMENT, 2) A SUBDIVISION AMENI)MENT, 3) AN AMENDMENT TO
THE GMQS EXEMPTION FOR AFFORDABI,E HOU~ING F'()R, OFF-SITE
REPLACEMENT OF AFFORDABLE HOUSING MITIGATION IN THE 1000 E.
.......'OOft(It'lS,,pUj).,~.i4}'S~~EW~flte~~;~~*~Vttm.~U
'DESIGNSTANI)ARl?ST()~I~I~ Tm:DE~]) ~STI{t"~n()~()N~IT 4, OF
'.'THE 100. O.E.H..OPKI..' NS'PUD." AND.'. " TQDEED'R'ES."TIUct'm."lIT 2; 6FTHE. ". . AJAX
. CONDOMiNIUMS, CITY OF ASPEN,pfrKINCOlJNT)', COLORADO.'
Parcel ID: 2737-182-01-006
ParcelID 2737-182-07-008
WHEREAS, the Community Development Department received an application
from Robert Blatt, represented by Francis Krizmanich, requesting approval of I) a PUD
amendment, 2) a subdivision amendment, 3) an amendment to the GMQS exemption for
affordable housing for off-site replacement of affordable housing mitigation in the 1000 E.
Hopkins PUD, and 4) special review approval to vary the ADU design standards to allow
for the category affordable housing deed restriction on Unit 4, of the 1000 E. Hopkins PUD
to be transferred to Unit 2, of the Ajax Condominiums and for Unit 4, of the 1000 E.
Hopkins PUD to be deed restricted as an accessory dwelling unit; and,
WHEREAS, City Council may approve, approve with conditions, or deny a
combined application for a I) subdivision amendment, 2) a PUD amendment, 3) an
amendment to the GMQS Exemption for off-site replacement of affordable housing, and
4) a Special Review to vary the ADU Design Standards after considering a
recommendation from the Planning and Zoning Commission and the Community
Development Director; and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended denial of the proposal; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
and recommended that City Council deny the proposal by a six (6) to one (I) vote; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the Aspen/Pitkin County Housing Authority, the
applicable referral agencies, and has taken and considered public comment at a public
hearing; and,
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WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal, and
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
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NOW;"THEREFORE; BEITQR,DMNlf,DBYTHE crryCOp-NcIL OF TfIEClTY
OF ASPEN, COLORADO THAT: ,.... .0 ;". .
Section 1
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section
26.445, Planned Unit Development; Section 26.480, Subdivision; Section 26.530.050(B),
Housing Replacement Requirements; and Section 26.520.080(D), Special Review, an
application is hereby approved for 1) a PUD amendment, 2) a subdivision amendment, 3)
an amendment to the GMQS exemption for affordable housing for off-site replacement of
affordable housing mitigation for the 1000 E. Hopkins PUD, and 4) special review to vary
the ADU design standards to allow for the category affordable housing deed restriction on
Unit 4, of the 1000 E. Hopkins PUD to be transferred to Unit 2, of the Ajax Condominiums
and for Unit 4, ofthe 1000 E. Hopkins PUD to be deed restricted as an accessory dwelling
unit with the following conditions:
1. The applicant shall amend the subdivision/PUD agreement for the 1000 E.
Hopkins Subdivision/PUD that reflects the change of Unit 4 from a category
affordable housing unit to an ADU. The amended agreement shall also
reflect that a portion of the required affordable housing mitigation for 1000
E. Hopkins was satisfied off-site in the form of deed restrictil).g Unit 2, of
the AJAX Condominiums as a Category 4, for-sale unit.
2. A deed restriction for the buy-down unit, prepared by the Aspen/Pitkin
County Housing Authority shall be signed and recorded prior to, or in
conjtmction with the modification of the existing deed restriction on Unit 4,
of the 1000 E. Hopkins PUD.
3. The applicant shall list the buy-down unit with the Aspen/Pitkin County
Housing Authority through the general affordable housing lottery system.
4. . The applicant shall place in escrow a one-time fee covering the expected
costs to the new owner of Unit 2, of the Ajax Condominiums for replacing
or repairing the retaining wall if it is required. The fee shall be based on a
cost estimate to be provided by a private engineer hired by the applicant.
The cost estimate shall be approved by the City Community Development
Engineer. Any actual cost for replacing or repairing the retaining wall that
is above and beyond the amount of money placed in escrow by the applicant
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shall be borne at the expense of the owner of Unit 2 at the time that the
retaining wall is replaced or repaired. The money shall be placed in escrow
prior to trallsferring deed restrictions.
Section 2:
This Ordinance shall not effect 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
..' .....,.arnended.lJS'heteinl'rovided.,. 'antl"lhesame'shal1'be.'coostrued '.cand.ClMlclIlderl \\mdersuch
prior ordinances.
. Section 3: .., .. ".
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.
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Section 4:
A public hearing on the ordinance shall be held on the lOth day of February, 2003, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council ofthe City of Aspen on the 27th day of January, 2003.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved by a vote of
10th day of February, 2003.
to
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Helen Kalin Klanderud, Mayor
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Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
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Mayor and City Council ~ .~
Jilli, ADn Wood" CO~='Y """,IO'"'OOW"""01 I ~'^ i -cd 4-
James Lindt, Planner~, 1.--- p tlbG IC- CDMJ1J
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.....1000E.HOpkins'P'IID A.lDendment,.Sribdivision. A.mend1lllent,Alnendmentyto.......
a GMQS Exemption for Affordable Housing, and Speciml Review to Vary the
ADU Design Standards - 2"d Reading of Ordinance No. 7, Series of 2003
February 24, 2003 qb2 [... 1-4<Yf-1:,yOd- >~
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MEMORANDUM
THRU:
FROM:
RE:
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/ v'gS;0 ApPLICANT:
0. Robert Blatt
Q.' J\1J ~y ,'/(;\\I<"""ATIV'"
V ~\~~;-~~~anich
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I 6.(A' Unit 4, 1000 E. Hopkins
/ Condominiums
\ J ZONING:
IV\' RJMF Residentialj Multi-Family
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rr \fJ CURRENT LAND USE:
IJ-.,(J Deed Restricted Category 2 Rental
V -)(. Unit/Category 4 Sale Unit
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~. PROPOSED LAND USE: Accessory
I ?J:-- Dt)'elling Unit
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ool2fo SUMMARY: ->7 -'" \
" '\ The applicant requests to have the . ( ;tl
j);\J.r. deed restriction removed from his . Ie"
category affordable housing unit at CI . I (il,
------AJ / 1000 E. Hopkins and transferred to ' Ij-& IctJ_;
6~ a unit that he has under contract in ____
e Ajax Condominiums. The E. 1'0 _ LL,
.' 6 opkins unit from which he is "--' E~~C\ IY\.
/0';.pf proposing to remove the category Photo Above: Unit 2 of the Ajax Condominiums. The~) . ex{
v-. \J deed restriction is subsequently applicant is proposing to deed restrict this unit as a <A J I 0) 90
~ proposed to be deed restricted as an Category 4, Affordable Housing Sale Unit as a ow 0\ t:Q7
S~~\Cl Acc.e ssory Dwelling U nit (ADD): replacement for removing the "category." Deed ~. 0
~. , ~ Restriction from his unit at 1000 E. Hopkins. d . . ,
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Met. \O>~I\n4WQ:b;- . - crtu/:r'fV'~d ! ~ o>:se.>.9L1eub i
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Unit 4 of the 1000 E. Hopkins
Condominiums. The applicant is requesting to amend
the deed restriction on this unit to convert it from a
Category Affordable Housing Rental Unit to an
Accessory Dwelling Unit.
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REVIEW PROCEDURE
Combined Review of Application: The Community Development Director, in consultation
with the applicant, has determined that a combined review of the various land use actions
being requested would reduce duplication and ensure economy oftime, expense and clarity in
reviewing the application. Therefore, City Council shall approve, approve with conditions,
or deny all of the land use requests associated with this application after considering a
recommendation of the Planning and Zoning Commission, the Housing Board, and the
.ComrnililityJ;>ev&.pmeht'Director':,Theilanduse;ac.tionsithatare requited.and.that ate being
requested are as..f()llgw.s:, .,"_~ .__...._____._"' _...,,_=.. "__"" "_',"~~""~'",'
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. Amendment to an Approved PUD
· Amendment to an Approved Subdivision
· Amendment to a GMQS Exemption for Affordable Housing to allow for off
site replacement of affordable housing
· Special Review to Vary the ADU Design Standards
BACKGROUND:
Robert Blatt ("Applicant"), represented by Francis Krizmanich, is requesting approval of an
application to amend the deed restriction that exists on Unit 4 of the 1000 East Hopkins
Condominiums. The applicant requests to remove the Category 2 "rental" deed
restriction/Category 4 "sale" deed restriction (deed restriction allowed for the unit to be either
a rental tmit or a sale unit per the owner's choice) on the above-mentioned unit and deed
restrict it as a voluntary Accessory Dwelling Unit (ADU). In addition, the applicant requests
to deed restrict Unit 2 of the Ajax Condominiums as a replacement for removing the
Category 2 deed restriction from the unit at 1000 E. Hopkins.
Unit 4 of the 1000 East Hopkins Condominiums was one off our (4) deed restricted category
affordable housing units that was provided as mitigation to obtain a GMQS exemption for
affordable housing to construct four (4) free market multi-family units at 1000 E. Hopkins.
The affordable housing units were required to be built through the multi-family replacement
program because the multi-family building (consisting of eight (8) units) that existed on the
site previously housed local working residents.
In order for the applicant to amend the deed restriction as he has requested, the applicant
requires four (4) separate land use actions. The applicant requires a Subdivision and a PUD
amendment to amend the site-specific development plan that currently calls for there to be
four (4) category affordable housing units within the Subdivision/PUD as was built.
Furthermore, the applicant requires approval of an amendment to the existing GMQS
exemption for affordable housing to allow for Unit 4 of the 1000 E. Hopkins Condominiums
to be replaced off-site as a unit of affordable housing mitigation for the: free market units that
were built in 1995. Finally, the applicant requires approval to vary the ADU design
standards to allow for the unit at 1000 E. Hopkins to be deed restricted as an ADU because it
is not detached from the other units on the site and it is not located entirely above grade as is
required by the ADU design standards.
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STAFF COMMENTS:
Subdivision and PUD Amendment
Staff believes that the proposed subdivision and PUD amendment will not substantially affect
the character or operating characteristics of the PUD at I 000 East Hopkins. The unit that the
applicant is proposing to remove the category deed restriction from is proposed to' remain as
affordable housing by means of deed restricting it as an ADU. Therdore, any inhabitants of
the unit would still hav~ to be working residents as isdetined. in the Aspen/Pitkin County
Affordable Housing GtiideHnes..;'The.primary,cbange'in,rherental.9perotions(!()ftheo,unit.wiH
. be that the owner will be able to choose the working resident that rents the unit, whereas,
currently the rental of the unit is handled through the Housing Autllority. Staff believes that
the proposed subdivision and PUD amendment meets the applicable review criteria to amend
the approved 1000 E. Hopkins PUD/Subdivision.
Amendment to GMQS Exemption for Affordable Housing
The applicant has proposed to deed restrict Unit 2 of the Ajax Condominiums as a Category
4, "Sale" Unit to replace the category deed restriction that is to be removed from Unit 4 of
the 1000 East Hopkins Condominiums. The applicant must replace the category deed
restriction because the Hopkins Unit was used as mitigation through the multi-family
replacement program for a GMQS exemption for affordable housing. A replacement unit
must be located on-site unless City Council finds that the on-site replacement would I) be
incompatible with adopted neighborhood plans or 2) would be an inappropriate planning
solution due to the site's physical constraints pursuant to Land Use Code Section 26.530.050,
Location of replacement housing. Staff does not believe that the proposed amendment to
the GMQS exemption to allow for the off-site unit to replacl~ the existing on-site
category affordable housing unit as mitigation is in response to site specific constraints
as the review standards require. Furthermore, staff does not believe that maintaining
the category unit at 1000 E. Hopkins for purposes of employee housing mitigation is
incompatible with the neighborhood because it has existed as such for approximately a
decade and staff is not aware of any neighborhood plans that have been adopted for this
area. Therefore, the Planning Staff cannot support the proposal.
Conversely, staff does believe that the proposal furthers several of the Aspen Area
Community Plan's (AACP) housing goals. The proposal would increase the number of
affordable housing units within the community, which is consistent with the AACP goal that
calls for 800 to 1,300 additionaJ affordable housing units to be developed within the Aspen
Community Growth Boundary. Moreover, staff feels that the proposal is also consistent with
the AACP goal of encouraging the private sector to develop affordable housing.
The Planning and Housing Authority Staffs also feel that Unit 2 of the Ajax Condominiums
in which the applicant is proposing to deed restrict as a Category 4 "Sale" Unit, is more
livable than the E. Hopkins unit. Both units contain two bedrooms, are at least 50% above
grade, and the Ajax Condominium lmit is approximately fifty (50) square feet larger than the
E. Hopkins wlit. Furthermore, staff believes that the proposal to replace a category "rental"
(deed restriction is attached as Exhibit "E") unit with a category "sale'" unit would malce the
administration and enforcement of the category affordable housing unit easier for the
Housing Authority in light of the recent Telluride Supreme Court Case Decision regarding
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rent controls. Staff is concerned that if the proposal is denied, the City will not be able to
enforce the terms of the rental deed restriction on the 1000 E. Hopkins unit. Approval of the
application would alleviate staffs concerns in this regard. Nonethdess, staff does not feel
that the review standards for off-site replacement are met by the proposal and cannot support
the application for that reason.
Special Review to Varv ADU Desilm Standards
The ap~licant requires special revie", approval to vary th~ ADY design standards to deed
restricti.the East)FlopkIDs Urntas. can ,ADt:rbecauseit'is 'not detached' from 'the other.. multi-
family units on the property and it is not located entirely above grade as is required by the
. :;; ADU design standards. Staff believes that the unit meets the livabillity requirements of the
Housing Authority and is designed in a manner that promotes its function as a separate and
private dwelling unit. In addition, deed restricting the unit as an ADU is consistent with it's
current use as a rental affordable housing unit.
Staff believes that the ADU design standards that require an ADU to be detached from the
main residence and above grade are mainly intended for units that are proposed to be
accessory to a single-family or duplex dwelling unit. This standard was put into the land use
code to encourage ADU's to be rented as a separate dwelling unit rather than being used as a
below-grade recreation or storage room for the main residence as has frequently been the case
in the past. In this situation, the lmit to be deed restricted as an ADU is a multi-family
apartment unit that met the livability requirements for a category affordable housing unit. In
addition, the unit was designed as part of a planned unit development to operate as an
attached apartment unit and to be compatible with the surrounding neighborhood in regards
to it's operating characteristics. Staff believes that the Special Review Standards to vary the
ADU design standards are met by this proposal.
Ajax Condominiums Retaininl!; Wall Concerns:
Staff has been contacted by several Ajax Condominium Unit Owners who have alerted staff
of possible structural problems with a retaining wall that is constructed on the common land
of the Ajax Condominiums. The owners who have contacted staff feel that there is a
possibility that the retaining wall will fail in the near future (or that major repairs will be
required) and that the condominium owners might be subjected to pay a sizeable special
assessment. Staff has verified that there has been recent work done on the retaining wall in
an effort to improve its stability.
However, staff is still concerned that any qualified employee that may purchase Unit 2, of the
Ajax Condominiums could possibly be subject to a sizeable and unexpected cost due to
problems with the retaining wall. Therefore, if City Council is inclined to approve the
proposal, staff feels that it is necessary to propose a condition of approval in the attached
ordinance that requires that the Applicant place a one-time fee in escrow to cover the
expected costs of replacing or repairing the retaining wall if and when it is required. The
money that is to be put in escrow should be based on a cost estimate to be provided by a
private engineer that is to be hired by the applicant. Staff has proposed that this money be
put in escrow prior to amending the deed restriction on Unit 4, of the 1000 E. Hopkins PUD.
The money that is to be escrowed would be to the benefit of the purchaser to be used for the
wall only.
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PLANNING AND ZONING COMMISSION RECOMMENDATION AND COMMENTS:
The Planning and Zoning Commission recommended that City COlmcil deny the proposed
application. Many of the Commissioners cited that they did not feel that the proposal met the
review standards for off-site replacement of affordable housing mitigation as was pointed out
by staff. The Commissioners also expressed concerns about the strenuous objection to the
proposed application by the majority of the other owners in the Ajax Condominium building
. (please see letters attached as Exhibit "C"). ...."..., '"
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On the otherhand, several of the Commissioners did express that they felt that Unit 2, of the
Ajax Condominiums was a more livable unit than the 1000 E. Hopkins Unit and that
proposal did further the commimity' s affordable housing goals of providing additional deed
restricted units to the Community's inventory. In addition, the Commissioners expressed that
they felt that trading a "for sale" category unit for a "rental" category unit as the application
proposes would be beneficial given that the Housing Authority can no longer enforce the
rental restrictions that were placed on the 1000 E. Hopkins unit in light of the recent
Telluride Supreme Court Decision regarding rent controls. However, the Commission did
not feel that the review standards for off-site replacement of affordable housing mitigation
were flexible enough to allow for the approval of the proposal.
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RECOMMENDATION:
Staff believes that the proposal would benefit the community by providing an
additional employee housing unit to the affordable housing inventory within the
community. In addition, stafffeels that the unifin the Ajax Condominiums that is to be
deed restricted as a category unit is a generally more livable unit than the unit at 1000
E. Hopkins that is currently designated as a category unit. However, staff cannot
support the proposed amendment to the GMQS Exemption for affordable housing at
1000 E. Hopkins because we do not feel that locating the affordable housing mitigation
off-site is 1) incompatible with an approved neighborhood plan or 2) is in response to
site specific constraints as the off-site replacement review criteria require. Staff
recommends that City Council deny the proposed amendment to the existing GMQS
exemption at 1000 E. Hopkins finding that the review standards for off-site replacement
have not been met by the proposal.
RECOMMENDED MOTIONS (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE):
"I move to approve Ordinance No.7, Series of 2003, approving with conditions, a
subdivision and PUD amendment, an amendment to the GMQS exemption for affordable
housing at 1000 E. Hopkins, and a special review to vary the ADU design standards to allow
for the Category Affordable Housing Unit that is legally described as Unit 4, of the 1000 E.
Hopkins PUD; to be deed restricted as an ADU and to allow for the free market unit legally
described as Unit 2, of the Ajax Condominiums to be deed restricted as a Category 4 "Sale"
Unit to replace Unit 4, of the 1000 E. Hopkins PUD as affordable housing mitigation."
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Attachments:
Exhibit A "- Review Criteria and Staff Findings
Exhibit B -- Aspen/Pitkin Housing Board Comments
Exhibit C -- Letters from the Public
Exhibit D -- Planning and Zoning Commission Resolution No.2, Series of2003
Exhibit E -- Current Deed Restriction on Unit 4, of the 1000 E. Hopkins PUD
'Exhibit F -- Vicinity Map
City Manager's Comments:
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EXHIBIT A
pun AMENDMENT
REVIEW CRITERIA & STAFF FINDINGS
In reviewing an amendment to an approved PUD, the Planning and Zoning Commission and
City Council shall consider;
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1.
The proposeddevelopment shall be cOIJ,sistent with the Aspen Area
Community Plan.
2.
The proposed development shall be consistent with Ithe character of
existing land uses in the surrounding area.
3.
The proposed development shall not adversely affect the future
development of the surrounding area.
4.
The proposed development has either been granted GMQS allotments, is
exempt from GMQS, or GMQS allotments are available to accommodate the
proposed development and will be considered prior to, or in combination
with, final PUD development plan review.
Staff Finding
Staff believes that the proposal is consistent with the Aspen Area Community Plan in that it
would add to the number of affordable housing units that exist within the City of Aspen.
Furthermore, the addition to the affordable housing inventory would be provided by a private
owner rather than the housing authority as is consistent with the AACP housing goal that calls
for the public and private sectors to work together to ensure success in providing affordable
housing.
In addition, staff feels that converting the existing category affordable housing unit to an ADU
will not change the character or operating characteristics of the existing tmit. The unit will
remain a "rental" affordable housing tmit. The proposal also requires an amendment to the
GMQS exemption for affordable housing at 1000 E. Hopkins, to allow for the off-site unit to
replace the existing on-site affordable housing unit as mitigation for the .construction of the
existing free market units at 1000 E. Hopkins. The applicant has concurrently applied for the
above-mentioned amendment to the GMQS Exemption at 1000 E. Hopkins. Staff finds this
criterion to be met.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements
for all properties within the PUD as described in General Provisions, Section
26.445.040, above. The dimensional requirements of the underlying zone district
shall be used as a guide in determining the appropriate dimlmsions for the PUD.
During review of the proposed dimensional requirements, compatibility with
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surrounding land uses and existing development patterns shall be emphasized.
The proposed dimensional requirements shall comply with the following:
1. The proposed dimensional requirements for the subject property are
appropriate and compatible with the following influences on the
property:
a) The character of, and compatibility with, existing and expected
;i'futureland'uselI;Jin./the'su'r'ro1tnmngllrea.
^b) ,,^' Natural or man"made hazards. . H''''.'' "'Jim. mi' .\.,c;,nl ,.,.n'"
c) Existing natural characteristics of the propel'ty and surrounding
area such as steep slopes, waterways, shade, and significant
vegetation and landforms.
d) Existing and proposed man-made characteristics ofthe property
and the surrounding area such as noise, traffic, transit, pedestrian
circulation, parking, and historical resources.
Staff Finding
Staff does not believe that the proposal will change the character of the development in that
the existing category affordable housing unit Will remain a "rental" affordable housing unit in
the form of an ADU. Staff also does not feel that the proposal will change the existing
natural or man"made characteristics of the site. Staff finds this criterion to be met.
2. The proposed dimensional requirements permit a scale, massing, and
quantity of open space and site coverage appropriatl~ and favorable to the
character of the proposed PUD and of the surrounding area.
StaffFinding
The proposal will not change the dimensional requirements within the PUD. Staff finds that
this criterion is not applicable to this proposal.
3. The appropriate number of off-street parking spaces: shall be established
based on the following considerations:
a) The probable number of cars used by those using the proposed
development including any non-residential land uses.
b) The varying time periods of use, whenever joint use of common
parking is proposed.
c) The availability of public transit and other transportation
facilities, including those for pedestrian access and/or the
commitment to utilize automobile disincentivt, techniques in the
proposed development.
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d) The proximity of the proposed development to the commercial
core and general activity centers in the city.
Staff Finding
The availability and demand for off-sveet parking within the 1000 E. Hopkins PUD will not
be changed by the proposal. Staff finds that this criterion is not applicable to this proposal.
4. The maximum allowable densltr within a PUD may be rednced if there
'.i:existsimsu:t'ficientin;frasttuduncapabilifies; Specilically,ihe maximum
density of a PUD may be reduced if:
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a) There is not sufficient water pressure, drainage capabilities, or
other utilities to service the proposed development.
b) There are not adequate roads to ensure fire protection, snow
removal, and road maintenance to the proposed development.
StaffFinding
The applicant is not proposing to change the allowable density within the PUD. Staff finds
that this criterion is not applicable to this proposal.
5. The maximum allowable density within a PUD may be reduced if there
exists natural hazards or critical natural site features. Specifically, the
maximum density of a PUD may be reduced if:
a) The land is not suitable for the proposed devdopment because of
ground instability or the possibility of mud flow, rock falls or
avalanche dangers.
b) The effects of the proposed development are detrimental to the
natural watershed, due to runoff, drainage, soil erosion, and
consequent water pollution.
c) The proposed development will have a pernicious effect on air
quality in the surrounding area and the City.
d) The design and location of any proposed structure, road,
driveway, or trail in the proposed development is not compatible
with the terrain or causes harmful disturbance to critical natural
features of the site.
Staff Finding
The applicant is not proposing to reduce the maximum allowable density within the PUD. Staff
finds that this criterion is not applicable to this proposal.
6. The maximum allowable density within a PUD may be increased if there exists a
significant community goal to be achieved through such inl:rease and the
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development pattern is compatible with its surrounding development patterns
and with the site's physical constraints. Specifically, the maximum density of a
PUD may be increased if:
a) The increase in density serves one or more goals of the community
as expressed in the Aspen Area Community F'lan (AACP) or a
specific area plan to which the property is subject.
b) The site's physical cap"a:bilities~na,coo'JDm.iOd3;te.'IlQditil)nal' ...~- ---...
density and there exists no negative physical l:haracteristics of the
site, as identified in subparagraphs 4 and 5, above, those areas can
be avoided, or those characteristics mitigated.
c) The increase in maximum density results in a development pattern
compatible with, and complimentary to, the surrounding existing
and expected development pattern, land uses, and characteristics.
Staff Finding
The applicant is not proposing to increase the maximum allowable density within the PUD.
Staff finds that this criterion is not applicable to this proposal.
C. Site Design.
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent
public spaces, and ensures the public's health and safety. The proposed
development shall comply with the following:
1. Existing natural or man-made features of the site which are unique,
provide visual interest or a specific reference to the past, or contribute to
the identity of the town are preserved or enhanced ill an appropriate
manner.
2. Structures have been clustered to appropriately preserve significant open
spaces and vistas.
3. Structures are appropriately oriented to public streets, contribute to the
urban or rural context where appropriate, and provide visual interest
and engagement of vehicular and pedestrian movement.
4. Buildings and access ways are appropriately arrang,ed to allow
emergency and service vehicle access.
5. Adequate pedestrian and handicapped access is provided.
6. Site drainage is accommodated for the proposed development in a
practical and reasonable manner and shall not negatively impact
surrounding properties.
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7. For non-residential land uses, spaces between buildings are appropriately
designed to accommodate any programmatic functions associated with
the use.
Staff Finding
The exterior of the building is not proposed to be altered as part of the proposal. Staff finds
this criterion not to be applicable to this proposal,
.,!/D.\Land5capei"Plan.
The purpose of this standard is.to ensure compatibility of th,e proposed..
landscape with the visual character of the city, with ,surrounding parcels, and
with existing and proposed features of the subject property.. The proposed
development shall comply with the following:
1. The landscape plan exhibits a well designated treatment of exterior
spaces, preserves existing significant vegetation, and provides an ample
quantity and variety of ornamental plant species suitable for the Aspen
area climate.
2. Significant existing natural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner.
3. The proposed method of protecting existing vegetation and other
landscape features is appropriate.
Staff Finding
The applicant is not proposing to amend the exterior ofthe building or the landscaping. Staff
finds that this criterion is not applicable to this proposal.
E. Architectural Character.
It is the purpose ofthisstandard is to encourage architectural interest, variety,
character, and visual identity in the proposed development and within the City
while promoting efficient use of resources. Architectural character is based upon
the suitability of a building for its purposes, legibility of thl~ building's use, the
building's proposed massing, proportion, scale, orientation to public spaces and
other buildings, use of materials, and other attributes which may significantly
represent the character of the proposed development. There shall be approved
as part of the final development plan an architectural character plan, which
adequately depicts the character of the proposed development. The proposed
architecture of the development shall:
1. be compatible with or enhance the visual character of the city,
appropriately relate to existing and proposed architecture of the
property, represent a character suitable for, and indicative of, the
intended use, and respect the scale and massing of nearby historical and
cultural resources.
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2. incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade, and vegetation and by
use of non- or less-intensive mechanical systems.
3. accommodate the storage and shedding ofsnow, ice, and water in a safe
and appropriate manner that does not require significant maintenance.
'StaffFintling
The applicant is not proposing any changes to the exterior.of th,) building at 1000 E.
Hopkins. Staff finds that this criterion is notapplicable to this proposaL "" c. '."'.
F. Lighting.
The purpose of this standard to ensure the exterior of the development will be
lighted in an appropriate manner considering both pnblic safety and general
aesthetic concerns. The following standards shall be accomplished:
1. All lighting is proposed so as to prevent direct glare or hazardons
interference of any kind to adjoining streets or lands. Lighting of site
features, structures, and access ways is proposed in an appropriate
manner.
2. All exterior lighting shall in compliance with the Outdoor Lighting
Standards unless otherwise approved and noted in the final PUD
documents. Up-lighting of site features, buildings, landscape elements,
and lighting to call inordinate attention to the property is prohibited for
residential development.
Staff Finding
The applicant is not proposing any changes to the exterior of the building or the outdoor
lighting. All outdoor lighting on the building shall comply with the City of Aspen Exterior
Lighting Standards. Staff finds this criterion to be met.
G. Common Park, Open Space, or Recreation Area.
If the proposed development includes a common park, open space, or recreation
area for the mutual benefit of all development in the proposed PUD, the
following criteria shall be met:
1. The proposed amount, location, and design of the common park, open
space, or recreation area enhances the character ofth~ proposed
development, considering existing and proposed structures and natural
landscape features of the property, provides visual relief to the property's
built form, and is available to the mutual benefit of the various land uses
and property users of the PUD.
2. A proportionate, undivided interest in all common park and recreation
areas is deeded in perpetuity (not for a number of years) to each lot or
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dwelling unit owner within the PUD or ownership is proposed in a similar
manner.
3. There is proposed an adequate assurance through a legal instrument for
the permanent care and maintenance of open spaces, recreation areas,
and shared facilities together with a deed restriction against future
residential, commercial, or industrial development.
<i;i.StaffF~
. The proposed PUD amendment will not affect the amount of open space or recreation area
within the pun. Staff finds this criterion to be applicable to this application.
H. Utilities and Public facilities.
The purpose of this standard is to ensure the development does not impose an
undue burden on the City's infrastructure capabilities and that the public does
not incur an unjustified financial burden. The proposed utilities and public
facilities associated with the development shall comply with the following:
1. Adequate public infrastructure facilities exist to accommodate the
development.
2. Adverse impacts on public infrastructure by the development will be
mitigated by the necessary improvements at the sole cost of the developer.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for
the additional improvement. .
Staff Finding
The utilities and public infrastmcture on the site are existing. Staff be]lieves that the proposed.
amendment will not place a greater demand on the utilities or site improvements than
currently exists. Staff finds this criterion to be met.
1. Access and Circulation. (Only standards 1 &2 apply to Minor PUD applications)
The purpose of this standard is to ensure the development its easily accessible;
does not unduly burden the surrounding road network, provides adequate
pedestrian and recreational trail facilities and minimizes the use of security
gates. The proposed access and circulation of the development shall meet the
following criteria:
1. Each lot, structure, or other land use within the pun has adequate access
to a public street either directly or through an approved private road, a
pedestrian way, or other area dedicated to public or private use.
2. The proposed development, vehicular access points, and parking
arrangement do not create traffic congestion on the roads surrounding
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'4.
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the proposed development, or such surrounding roads are proposed to be
improved to accommodate the development.
Areas of historic pedestrian or recreational trail use, improvements of, or
connections to, the bicycle and pedestrian trail system, and adequate
access to significant public lands and the rivers are provided through
dedicated public trail easements and are proposed for appropriate
improvements and maintenance.
The recommendations of the Aspen Area Community Plan and adopted "
specific plans regarding recreational trails, pedestrian and bicycle paths,
and transportation are proposed to be implemented in an appropriate
manner.
5.
Streets in the PUD which are proposed or recommended to be retained
under private ownership provide appropriate dedication to public use to
ensure appropriate public and emergency access.
6.
Security gates, guard posts, or other entryway expressions for the PUD,
or for lots within the PUD, are minimized to the extent practical.
Staff Finding
The vehicular and pedestrian access will not change because there is no proposed exterior
changes to the 1000 E. Hopkins PUD. Staff finds this criterion not to be applicable.
J. Phasing of Development Plan. (does not apply to Conceptual PUD applications)
The purpose of this criteria is to ensure partially completed projects do not
create an unnecessary burden on the public or surrounding property owners
and impacts of an individual phase are mitigated adequately. If phasing of the
development plan is proposed, each phase shall be defined iin the adopted final
PUD development plan. The phasing plan shall comply with the foIlowing:
1. All phases, including the i.nitial phase, shall be designed to function as a
complete development and shall not be reliant on subsequent phases.
2. The phasing plan describes physical areas insulating, to the extent
practical, occupants of initial phases from the construction of later
phases.
3. The proposed phasing plan ensures the necessary or proportionate
improvements to public facilities, payment of impact fees and fees-in-lieu,
construction of any facilities to be used jointly by residents of the PUD,
construction of any required affordable housing, and any mitigation
measures are realized concurrent or prior to the respective impacts
associated with the phase.
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Staff Finding
The applicant is not proposing any physical alterations to the unit within the 1000 E. Hopkins
PUD. Therefore, there is no phasing proposed. Staff finds this criterion not to be applicable
to this proposal.
~1j!:j 1n~~:i' >.:'i . H i-,~~ '.
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SUBDIVISION AMENDMENT
REVIEW CRITERIA & STAFF FINDINGS
In reviewing an amendment to an approved PUD, the Planning and Zoning Commission and
City COlfficil shall consider if the proposed change is consistent ,with the approved
subdivision plat.
Staff Finding:
\\:Staffleel".,ithat.the~roposal.fis..m,nsisten:t..with.ithe';ap.proV'ed'Slib.div,i"ion'plaf'in that there is' no
change proposed to the existing conditions of the structure and the use of the affected unit
will remain a "rental" affordable housing unit. In addition, all of the unit owners at 1000 E.
Hopkins have consented to allowing the applicant to remove the category deed restriction
from the Unit 4 and deed restrict it as an ADU. However, if the application is approved, the
applicant will have to amend the 1000 E. Hopkins Subdivision Agreement to reflect that the
deed-restricted unit has been transferred to an ADU and that Unit #2 of the AJAX
Condominiums is serving as replacement employee housing mitigation for a portion of the
free market units that were developed within the 1000 E. Hopkins SubdivisionlPUD. Staff
finds this criterion to be met.
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GMQS EXEMPTION AMENDMENT FOR OFF-SITE HOUSING REPLACEMENT
REVIEW CRITERIA & STAFF FINDINGS
In reviewing an amendment to the approved GMQS Exemption fori 000 E. Hopkins for the
purpose of allowing for off-site housing replacement, the Planning and Zoning Commission
and City Council shall consider the following review standards:
,." "" 1.
The replacem~nt of units on-site would be incompatible with adopted
neigbborbootiplans, '01"wutl.lll'be:an'mappro.priate!!)lan.tnng;l;olatiDndue
to.the site's physicaLconstraints.
"" ~... ' <
Staff Finding:
Staff does not believe that maintaining the unit as a category affordable housing unit would
be an inappropriate planning solution due to the site's physical constraints. The category
affordable housing unit has served as employee housing mitigation on the site for at least a
decade, and thus, staff does not believe that the proposal to shift the affordable housing
mitigation off-site at 1000 E. Hopkins meets this review standard.
In addition, there are no specific adopted neighborhood plans that act as guiding documents
for land use policy in the area in which the 1000 E. Hopkins PUD is located. Therefore, staff
cannot make a finding that maintaining the deed restricted category unit in the 1000 E.
Hopkins Condominiums, as a unit of employee housing mitigation would be incompatible
with an adopted neighborhood plan.
However, staff does feel that the proposal is consistent with the affordable housing goals of
the Aspen Area Community Plan (AACP), which serves as a guiding document for
development throughout the entire City of Aspen. Given that the application to transfer the
category deed restriction off-site and establish the existing category unit as an ADU increases
the number of affordable housing units within the City of Aspen, staff believes that the
proposal is consistent with the AACP's housing goal that calls for the community to provide
800 to 1300 additional affordable housing units within the urban growth boundary.
Moreover, staff also feels that the proposal is consistent with AACP housing goal that
encourages private sector participation in developing affordable housing.
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SPECIAL REVIEW TO VARY ADU DESIGN STANDARDS
REVIEW CRITERIA & STAFF FINDINGS
In reviewing an application for special review to vary the ADU design standards, the
Planning and Zoning Commission and City Council shall consider the following review
standards:
1. The proposed ADU is designed in a manner which promotes the purpose
...c,nfitb.e,'iADU.}'Yrogram,:::prnmo,testfue''purpose 'of the zone district in "Which
.,~,. itisproposed, and promotes the unit's general livability; and,
Staff Finding:
Staff feels that the unit proposed to be deed restricted as an ADU meets the general livability
requirements of the ADU program. The unit was constructed as a category affordable
housing unit, but really better meets the ADU dimensional requirements. The tmit is very
good size for an ADU in that it contains two bedrooms and approximately seven hundred and
fifty (750) square feet. In addition, staff believes that the unit is fairly private in that it has no
interior doorway into the other units on the site. Also, the unit enters into a shared parking
garage, which contains one parking space that is designated for use of the unit. Moreover,
the Housing Authority has reviewed the proposal and feels that the transfer of the category
deed restriction from the E. Hopkins Unit to Unit #2 of the AJAX Condominiums upgrades
the quality of the affordable housing inventory within the City of Aspen and thus promotes
the AACP's affordable housing goals. Therefore, staff finds this criterion to be met.
2. The proposed ADU is designed to be compatible with, and subordinate in
character to, the primary residenCe. considering all dimensions, site
configuration, landscaping, privacy, and historical significance of the
property; and,
Staff Finding:
The unit to be deed restricted as an ADU is subordinate in size to the free market tmits on the
site. Furthermore, the unit was designed to be compatible with the other units on the site and
was reviewed as part of a Planned Unit Development (PUD). When the PUD development
plan was approved, the units were found to be complementary with each other and the
. physical site itself. In addition, the recent use of the property has been as a multi-family
structure. Thus, requiring that the proposed ADU be detached from the other units would not
be consistent with the existing multi-family use of the property. Staff finds this criterion to
be met.
3. The proposed ADU is designed in a manner which is compatible with or
enhances the character of the neighborhood considering all dimensions,
density, designated view planes, operating characteristics, traffic,
availability of on-street parking, availability of transilt services, and
walking proximity to employment and recreational opportunities.
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Staff Finding:
The unit is existing and was reviewed for it's compatibility with neighborhood when the
1000 E. Hopkins PUD plan was approved. Staff does not believe that the operating
characteristics of the unit will change significantly as a result of the proposaL Additionally,
the unit to be deed restricted as an ADU currently meets the parking requirements for an
ADU and is located within walking proximity to the Civic Center Area, Rio Grande Park,
and the Commercial Core. Staff finds this criterion to be met.
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MEMORANDUM
TO:
r ames Lindt, City Planner, Community Development Department
FROM:
Cindy Christensen, Housing Office
.1>'\'.""'.
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"Y<>.1__<--1...'-'''' ''''''"'
'~~:~ii""'.:..-,vr~
RE:
1000 E. Hopkins PUD and GMQS Exemption, Amendmlmt, Multi-Family
Replacement Program R=quest for an Off-Site Replac=.mt Housing Unit and
Conversion of On-8ite Unit to ADU
Parcel ID No. 2737-182-01-010
.,
ISSUE:
The applicant is proposing a "for like" buy.doVID. unit to replace the eocisting on-site employee
dwelling unit located at 1000 East Hopkins. If approved, the applicant is requesting the existing
deed restriction on the unit be replaced with an accessory dwelling unit cleed restriction.
BACKGROUNDl
The four free-market units and four deed-restricted units an: locatled where the Valley-Hi
apartments use to exist. The developer at the time had to provide four two-bedroom deed-
restricted unit! to satisfy mitigation requirements for the demolition of the Valley-Hi
ApartlIlel1t3. At the time, the developer was given a few concessions: 1) the pm;entage of
replacement affordllble housing units was less than nonnally required; 2) the affordable housing
units were offered for sale to the free-market unit owners to be useCl as fully deed-restricted
rental units; 3) the net livable square footage of the units (at 750 square feet) was less than the
recommended 950 squaro foot requirement as stated in the Guidelines; and 4) the payment-in-
lieu payment was less than required by the Housing Guidelines.
What is at issue is the policy in which the Multi-Family Replacement Program requires that the
mitigation must take place on-site. At times, requlring the mitigation to take place on-site may
be a hardship. This bas also been proven to be the case after the devl:loper has completed the
project and sold the free-market units along with the deed-restricted units. There was a previous
case in the West End that the employee dwelling unit was also connected to the tnain re,gidence .
and the owner felt that there was a privacy issue. especially when the unit is required to be rented
out all the time to a qualified employee. Housing still believes that thc: policy is a good policy,
but feels that an owner should have .the right to llppt'Oach Housing with. a potentia! replacement
Stafi's main concern is to get at least a like-for-li1ce unit. In the case (lfthe owner in the West
End, the Housing Office was able to get another fully deed-restricti.m OVID.ership unit in its
inventory. This also gives the Housing Office the ability to possibly negotiate for a different
type or category unit if the need has changed. In this application the housing program would not
only gain another deed-restricted unit that is currently free-market, but also another accessory
1000 E. HoplciIJl PUD &; GMQS E:comptlon~l
1
NOV. 20. 2002 9:20AM ASPEN HOUSING OFC
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NO.819 . P.2
dwelling writ. Granted, the majority of the accessory dwelling units are not being .utilized u the
Planning & Zoning Commission and City Council had hoped for, but as long as they exist, there
is still the possibility that an emplo)'1:e could reside in that unit.
Staff has done II site visit of the unit that the applicant is proposing It) buy-do\Vll. The 1llJit meets
all the same criteria as the existing writ and in some instances, exceeds the existing writ. If the
applicant's reqllest is approved, the applicant would need to deed restrict the proposed writ and
." .' ..(liat;heJl.Ulit~,theJi~.~t".s.;procedurc.s~lpJADY other .documentationll~ing
- changed ontheexbtingunit' .
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RECOMMENDATION:
- --::'.;1.. ,,~c;:c
The Housing Staff reco=ends approval with the following cOD.ditiolli in reference to the
submission:
,
1. Any proposed unit to be satisfied for an existing unit must be approved by the
AspenlPitkin CountyHoll.'ling A.llthority (APHCA)as a lib.for-like unit prior to any
exchange of units. -
2. If the existing unit does not fall under the standards for an a.ccessory dwelling writ, it is
up to the Community Development to al:cept the existing writ as an accessory dwelling
writ under its' CtUl'eIlt standards.
3. A deed-restriction, prepared by APCHA. sball be signed and recorded by the O\Vller prior
to the other deed restriction, or in conjunction with the other deed restriction, being
modined and/or released and then recorded.
4. The owner shall list with APCHA and through the general lottery system the buy-down
unit.
"
1000 E. E:opkiDa PUD & GMQS B"""'Ption AmoOOmont
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b~)b,c .
Thomas Peckham, 08:08 PM 12/30/2002 -0700, Public Hearing 1/7103
X-Originating-IP [64.156.34.17] /
From: "Thomas Peckham" <thomaspeckham@hotmail.com>
To: <jamesl@ci.aspen.co.us>
Cc: "Debi Spencer" <dbspencer@mindspring.com>,
"Tom Chapin" <tomnidac@earthlink.net>
Subject: Public Hearing 1/7/03
Date: Mon, 30 Dee 2002 20:08:51:070il~"",.. .
;1X...Min$OJ.:E:?Pl'Pd.iJ,eedayMlC1't5~6ft'Mil"n~bt't:\J'5;'Otl:~15"l5?~Ptl
. X-OriginalArrivalTime 31'Dec2002 03:18:47.0556 (UTC) FILETIME=[55221C40:01C2B07B]
X-ECS-MaiIScanner: Found to be clean' .
, ^::""::,:.z':/::":\~~"i,i,;t::;;.~~,;:..;::"L.;.,
Date: 12130/02
To: James Lindt
City of Aspen Community Development Department
,
.<
From: Thomas C. Peckham, President
Ajax Condominium Association
Re: Public Hearing to be held on Tuesday, January 7, 2003 before the Aspen Planning and Zoning
Commission
Several Ajax Condominium homeowners have contacted me regarding the Public Notice they received for
the above referenced meeting. Each of them expressed opposition to Robert Blatt's proposed deed restriction
of Unit 2 of the Aja.'( Condominiums. They have asked me to write and tell you that the Aja.'( Condominium
building in inappropriate for anyone but a free market owner.
The Aj","'( building has been and will continue to be excessively expensive to maintain. Since I have lived
here, 1 have incurred unforeseen special assessments in the many tens of thousands of dollar.s. Our original
retaining wall, for example, cost in excess of $760,000 to replace. Our new retaining wall, i~ the words of .
our structural engineer, Bob Pattillo, is "failing." It is cracking, bulging and leaking badly. As much as I
would wish otherwise, I see no reason to expect that large and unpredictable assessments will not continue
into the future. These special assessments must be borne by the owners of the nine units in the building.
Even one owner not paying assessments jeopardizes the financial stability of the Ajax Condominium
Association. More than half of the Ajax Condominium units have been foreclosed on over the years. The
most recent was by the Condominium Association itself for a former owner's nonpayment of assessments
described above. Recently we used our reserves and had still another special assessment ($10,000) to pay
for remedial action taken to attempt to slow the failure of our retaining wall..
Colorado law requires that a real estate seller must disclose any adverse condition to prospective buyers.
Any prospective buyer of an Ajax Condominium unit should be advised by the seller to not only contact Mr.
Pattillo about the retaining wall, but to also conduct an independent inspection and thorough analysis before
buying.
Every owner 1 have spoken with and the overwhelming majority of the Ajax Condominium ownership feels
Printed for James Lindt <jamesl@cLaspen.co.us>
1
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<:..........
Thomas Peckham, 08:08 PM 12/30/2002 -0700, Public Hearing 1/7/03
,
that Ajax condominium units should only be sold on the free market to individuals with the financial
resources to take on the risks inherent in ownership. These owners also fear tha.t their own investments at
the Ajax may be threatened should a new owner take possession who does not have the necessary financial
resources for ownership.
i.f
It would be wrong for a government agency to restrict ownership to only those individuals without such
:finllnciaLresoor=. .. '
_,,,,--_,~,:.,,":';';:::>'."" :.--"""'~'-'--'" .>......_.:..'
As none of our officers or directors will be abletClattend theiibovereferenced-meeting,o"ur Board of
Directors met today and unanimously appointed David Spencer to represent the Ajax Condominium
Association at the meeting. He will be available to express our concerns and to answer questions that
members of the Planning and Zoning Commission may have.
Sincerely,
,
,
Thomas C. Peckham, President
Ajax Condominium Association
'.
Printed for James Lindt <jamesl@ci.aspen.c:o.us>
2
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Aspen Planning and Zoning
Jasmine Tygre, Chair
Response to request, from Robert Blatt, on off~site replacement of 1000 E. Hopkins.
My Name is Joe Wise, owner of unit #5 Ajax Condominiums.
'~jaxw;as'~Ui:lt'm'tlre' '1-960''S;.!''(;,s,',a'9tmittom'Plex.'.Thetejhasl:leenv;etyilittlecharrges.lo
the complex in recent years, I've just completed a major remodel on my unit that has
increased tax base, as welT as improved the utilitiesservites.to the: en.iire building,
vi.:,..,')'",,,;:
The retaining wall that supports Aspen Mountain Rd. is a concern to all the current
owners of the Ajax; we have an engineer monitoring its stability. My concern is it may
require a substantial special assessment in the future. ,
,
The Ajax Condo Assoc. has very little current operational reserves that would cover any
unexpected expenses, therefore requiring a special assessme!lt. I bring this up due to the
fact that a person in a free market unit may have the financial resources to cover such
expenses. I could see a problem, if a deed restricted unit goes to a lien and foreclosure,
due to unpaid assessments. This would cause a burden on both the dee:d restricted unit
. owner, the Aja,'( and the Aspen Community Development Dept.
There is currently (1) open market rental unit, a 2 bedroom with 4 tenants, IF the unit in
Question takes on the nonrial usage, The Ajax would have 8 people in 2 small units. This
would not be appropriate or fair to the free market units, it would be a strain on the total
infrastructure and in my opinion cause values to decrease and a hardship on all parties.
While I support the Aspen's employee housing initiatives, I feel the Ajax is not the best
use as a replacement deed restricted unit. I agree with your staff recommendation to deny
this request.
Please feel free to contact me for any reason on this issue. TI1ankS you in advance for
your consideration in this matter
Joe Wise (919) 815-0213
("")
Thomas Chapin, 12:34 PM 01/02/2003-0600, Deed R.estrict Unit 2, Ajax Condominium
User -Agent: Microsoft-Outlook - Express-Macintosh- Edition/5. 02. 2 022
Date: Thu, 02 Jan 2003 12:34:55 -0600
Subject: Deed Restrict Unit 2, Ajax Condominium
From: Thomas Chapin <tomnidac@earthlink.net>
To: James Lindt <jamesl@cLaspen.co.us>
CC: <thomaspeckham@hotmail.com>
X-ECS-MaiIScanner: Foun,d to be clean
To: James Lindt
City of Aspen Community Development Department
From: Tom Chapin
Board member, Ajax Condominium Association
Owner of Unit 1
,
,
01/02/03
This is to express my opposition to the application by Robert Blatt to allow
employee housing in Unit 2 of the Ajax Condominium at 107 Aspen Mountain
Road. This is inappropriate for this condominium for these reasons:
No 1. There is no yard space for famiiy activities.
No 2. There are only 9 units at this complex. Each owner has a great
investment which demands future expenses requiring special assessments to
maintain value. This may not be compatable with a lower income family.
No 3. If this application is approved for unit 2, it may lead to empioyee
housing in other units and even greater overall burden to the compiex.
No 4. Mixing employee housing with free market housing with oniy 9 units
total at the Ajax would lead to conflicts. Unit 2 has 10.35 % of our total
voting rights. A lower income family would not likely have the same inte:rest
as the other owners in future improvements.
Printed for James Lindt <jamesl@ci.aspen.co.us>
1
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dbspencer@mindspring.~ ,.n, 08:55 PM 01/02/2003 -0500, 01/01/uJ Pub'lic HEARING
From: dbspencer@mindspring.com
Date: Thu, 02 Jan 2003 20:55:46 -0500 .
To: jamesl@ci.aspen.co.us
Reply- To: dbspencer@mindspring.com
Subject 01/01/03 Public HEAR[NG
Sender: dbspencer@mindspring.com
X-Originating-[P: 12..252.242.247
,iiW(~EC6'-Maii6ca1'\l'1er.'foundtO';beideal'l
To: James lindt, City of Aspen Community Deve[opment Department
From: David 8. Spencer, Ajax Condominiums, Unit #3
Re: Public Hearing to be held on tuesday, January 7, 200:> before the Aspen
Planning and Zoning Commission i
Date: January 2, 2003
Dear Mr. Lindt
On behalf of Ajax Condominiums, Unit #3, this is to express our strong
opposition to the proposed deed restriction of Unit #2, which is our adjacent
neighbor.
We are the senior owners at the Ajax, as our ownership goes back to 198:3. Our
unit has been a second home and sometimes on the rental market but since
October 2001 we are off the rental market as our daughter lives here
permanently and we visit more than ever. Our understanding that only one of
the nine units at the Ajax is now in the long term rental market and all
others are primary residences or secondary famiiy residences.
"
During our term of ownership we have seen staggering expenses and staggering
special assessments. There is the prospect of staggering future special
assessments as we[1. The dues and general assessments are substantial and when
even one owner does not pay on time it greatly jeopardizes our operations.
Also, like all of the others owners we are sure, we have major investment in
our unit, including major sweat equity, and want to protect and enhance that
investment.
Every other owner to whom we have spoken is also strongly opposed to the
proposal. [t is not in the best interest of our property or association.
Thanking you for your consideration,
David 8. Spencer
Printed for James Lindt <jamesl@cLaspen.co.us>
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RESOL UTION NO. 02
(SERIES OF 2003)
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A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMiVlENDING THAT CITY COUNCIL DENY 1) A PUD
AlVlENDiVlENT, 2) A SUBDIVlSION AlVlENDMENT, 3) AN AMENDMENT TO .
THEGMQS EXEMPTION FOR i\FFORDABLEHOUSJING FOR OFF-SITE
'REl'LAQEMENTQF;A3!;E();R1)~t:J1;:;H:Q~:a\'1J.l :tC~:rroN!!JN"'mEr01)6'E.
HOPKINS PUD; AND4)\SPECIAJ,REVlEW APPRO V ALTO VARY THE ADU
DESIGN STANDARDS TO AMEND THE DEED RESTRICTION ON UNIT 4, OF
THE 1000 E. HOPKINS 1'00 Al'lD TO DEED RESTRICT UNIT 2, OF THE AJAX'
CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737-182-01-006
ParcellD 2737-182-07-008
WHEREAS, the Commlmity Development Department received an application
from Robert Blatt, represented by Francis Krizmanich, requesting approval of I) a PUD
Amendment, 2) a subdivision amendment, 3) an amendment to the GMQS exemption for
affordable housing for off-site replacement of affordable housing mitigation in the 1000 E.
Hopkins PUD, and 4) special review approval to vary the ADU design standards to allow
for the category affordable housing deed restriction on Unit 4, of the 1000 E. Hopkins PUD
to be transferred to Unit 2, of the Ajax Condominiums and for Unit 4, of the 1000 E.
Hopkins PUD to be deed restricted as an accessory dwelling unit; and, .
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended denial of the proposed
amendment to the GMQS Exemption for affordable housing; and,
WHEREAS, during a duly noticed public hearing on January 7, 2003, tIle Planning
and Zoning Commission reviewed and considered the development proposal under the
applicable provisions of the Municipal Code as identified herein and recommended by a
vote of six (deny) to one (approve) that City Council deny the proposa1;and,
WHEREAS, the Planning and Zoning Commission did not find that the
development proposal meets Or exceeds all of the applicable development standards; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
Al'lD ZONING COM1VrrSSIONAS FOLLows;
Section 1:
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section
26.445, Planned Unit Development; Section 26.480, Subdivision; Section 26.530.050(B),
Housing Replacement Requirements; and Section 26.520.080(D), Special Review, the
Planning and Zoning Commission recommends that City Council deny the proposed
application.
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Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission 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 an authorized entity. . ..
Section 3: . . _
This resollltioil shallri(J(ef'fedariyexistirig litigation -andshallriof 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 4:
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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.
,
,
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 7'h day
of January, 2003.
APPROVED AS TO FORM:
COiYLMISSION:
PLANNING AND ZONING
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
.J~.22.2003
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OCCUPANCY AND RENTAURESALE
DEED RESTRiCTION AND AGREEMENT
FOR 1000 EAST HOPKiNS AVENUE
'. THIS. OCCUPANCY.ANDRENTALIRESALE DEEDj'{,~TRIC1'ION AND AGREEMENT (the
"'''f-greemene) is made and entered irito. this ...%-.. day of,~ 1996, by and between 1000 EAST
'. 'cHOPoXlNS,:j.CCc.tlht!''Decl~'al\ll'ttle;;}l(Sl>'EN~C~'t\GtJE'>lNGiAIi;rHG>Rl.'l"Y(~
raferred to as "APCHJ>."), a duly constituted multl-Jurisdicticnal Housing Authority established pursuant to
the AMENDED AND RESTA TEDINTERGOVe:RNMENTAL AGREEMENT by and between the City of
Aspen, Colorado (the "City") and Pltl<ln County, Colo,rado (the "County"), dated September 26, 1989 and
recorded in BooK 605 at Pa~~'; ~~. ~f the records of the pitkin County Cieri<. and Recorder's Offle<!,
WIT N E sse T H:
,
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WHEREAS, the City of Aspen granted Final Subdivision, PUD and 'Condomlniumizatlon approval
for the 1000 East Hopkins Condominiums, subject to conditions pu(suant to Ordinance No.8, series of
1991, a copy of which is attached as Exhibit "c" and incorporated by reference herein.
WHEREAS, Deciarant has submitted to the City of Aspen for apprclval, execution and recordation
the final Plat of the 1000 East Hopkins Townhouse Condominiums for a tract of land situated within the
City of Aspen, mcre ftJliy descMbed as follows:
LOO K snd S, El/OCk3 25 and 2B, Lol. H. , .nd A, S/ock. 25 alld 28, plus romalnder of
v8ctl/ed Cleve/.nd Strest, Caunrj of ?llk/n, St./. of Calorado
!'
WHEREAS, there are to be four (4) deed restricted two-bedroom units, with each unit to be
separately condominiu[lized, containing at least 750 square feet, with at least 50% of the square 100tage
being above grade '(the "Unit.!l"). Tha Condominium Msp i. to be recorded belore Certificate of
Occupancy .
WHEREAS, pursuant to the City 0/ Aspen City Council Ordinance No. a (Series of 1991), the
Declarant dllalres to Imoo~'3 certain covenants upon the Units, more specl1lcally described in exhibit "A",
Which will restrfct the use an" occupancy of the Untta to qualified buyers or tenants, as detlned In the
Aspen/Pitkin County Housing Guidelines (the "Guidelines") snd as they are amended from Ume to time.
In addition, the Declarant desires to Impose certain covenant. upon the IJnlts which shall set forth the
maximum monthly rental price, mexlmum resale prica, amount of apprecla'l\on. and terms and provisions
for the rental or sala of the Units. In order to accomplish the foregoing objectlvea, the Declarant desires
to enter into this ~reemant with APCHA upon the terms eet forth herein.
WHEREAS, th.. parties hereby aCknowledge that the Declarant will not occupy or u~lize the Units
as his residence; instead, Declarant has acquired the Units for purposea of; \1) leaeing the Units to Pitkin
County amployees who fall within the APCHA's Category 2 Guidelines, e~i the aama are published from
time to time;. 2) aaJllng the Units, in conjunction' with the sale of another unrestricted unitlocaled on the
property, In which cue the buyer shall rent the Units (or sail the Units to qualified employees [Qualitled
Suyersl who rell within the APCHA's Category 3 and 4 Guidelines), subject to the terms of this asrKment
tc employees who fall within the APCHA's Category 2 Guidelines, as the same are published from time
to ~me; or 3) seillng the .Units under the terma of this agreement to qualified employees (Qualified Swyers)
who fall within the APCHA's Category 3 and 4 Guidelines, sa the same ars published from time to time.
'39231& 0~/02/9G 10125A PG 1 OF 18
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER
REC
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NOW, THEREFORE, it is agreed by the parties herato a follows:
LEASE BY DECLARANT OR SALE/RESALE TO NON-QUALiFIED OWNER
A.
OccupancY and Renlal ReslrldioM:
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"D!!i:laram'may!t'e$n':llWnI!1':l1iplif:theJI:ll'ltts..'Dl!.t:llli-alrt:$h8llistse:be'iltititled .:to'seIJ'aM:a~tdable
housing unit in conjunction with tnesale or a 'frae-market 'tiniton "the.- pl'op"er\y:re~lessb/ ........c..__
whether or not the buyer quaiifies under the Guidelines; provided, however. the affotdablenousing -
unit shall be occupleel by a qualified Category 2 employee. The Decl,arant or OWner Is required".
to have all tenants qualify as to employment, income and assets thro,lgh APCHA and provide to ....
APCHA a copy of the tenanfs leSse. EaCh tanant shall requalify once every two years through
the APCHA. No lease agreement executed for occupancy of the Unas shall provide for a prime~1
term 01 less than six (6) consecutive months. The rent for these unit! cannot exceed the
Maximum Monthiy Rent for Catego.ry 2, two-bedroom units, as stateeln the Guidelines.
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INITIAL SALES/RESALE TO QUALIFIED BUYER
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8. Initial Sale:
1. In the event that the Declarant or Non-Qualitled Buyer, under A.1 above, shall desire to
sell the Units to Qualified Buyers, they may sell the Units to the Qualified Buyers 0/ their
. own selection, , .
" .. ..
2, Presentiy, the Initial .ale price lor the units sold to quallllEid buyers cannot exceed
1~~2,iee~.~~M-~~';:Hl s ~ldo-'dl6t1~.s-..!clQ"}WI U.~~.&l"13ol"J ~.,as apech'led In the
1995 Aspen/Pitkin County Housing Guidelines, Table III. The maximum Initial .alae price
will be based on the Maximum Salea Price lor two-bedroom Category 3 or Category 4
units as stated In the Guidelines affective at the time the unit is 'sold. ~
C. Resale and OCCUC;lnCV Guld.llnes Acclleable to QUllifled Buver:
1. In till avent that an OWner deelres to sell the Unit, the Ownel' shall exscut. a standard
Ustlng Contract on forma approved by the Colorado Real Estate Commistlon with the
APCHA providing/or a 160-day listing period, or such othar tim'~ period as required by the
APCHA AfI'ordabla Housing Guidelines in effect .t time 0/ listing. At thl. time, the OWnar
shall deposit with APCHA an amount equal to one percent (1 %) of the aatlmatlad velue of
thl Unit The APCHA ahall promptly aelvertlse the Property or Unit for sale by competitive
bid to Qu.lified Buyers. At the time 01 cloalng, the Owner shall pay to APCHA an
ad<litlonsl one peroent (1 %J, tor a maximum (ee of 'mo percent (2%). If FNMA type
llnan::;;,; :: ,;O;.;C, thare may be a fae charged by the APCHA b~d on the amount
financad. The amount of this fee to be paid by the subsequent Owner shall be aa set
forth In the cu~nt Affordable Housing Guidelines and will be distributed to the APCHA
Mortgage Fund Aoccunt.
0... RootrlctlQn for 1000 Sue Hopl<Jno Avenue
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2. Maximum Resale Price: In no event shall the Un~ be SI,ld for an amount ("Maximum
Resale price") in excesa of the lesser 01:
a. The Owner. purchase pries, plus an increase of three percent (3%) of .ucl1 pri""
per year from the date of purchase to the date of Owners notice of intent to sell
(prorated at the rate of .25 percent for each whole month for any part of a year);
OR .
"'~"'..' "',,'."":
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b./a!1 amoUl1t(basad upon the Consumer Price Index, All Items, U.S. City AVerage,
-;"'i""Jj,~-'+!!a9<!'l:arn'~~'-ltnd""t:letical' Wtlikars"'(Ra~\Slib),.~IlI!s't1al:l.'by )tl\eJ\iJ:a
. Depariment of' Labor, Bureau of Labor Statistics) calculated as felfows: the
Owner'spurcMase price divided by the Consumer Price Index published at the
"..:-co. ~time of Owner's purchase stated on Settlement Sheet, multiplied by the Consumer
Price Index current at the date 01 intennoself, In no event shall the multiplier be
less than one (1). For purposes of this Agreement, "date of Intent to sell" shall
be the date of execution of a listing contract when required by this agreement, or
if a listing contract is not otherwise necesaary, the dale shall be determined to be
the date upon which a requirement lor the Owner to 'sail Is flrst applicable.
c. For the purpose or determining the Maximum Resale Price in accordance w~h tnls
Seotion, lhe Owner may add to the amount-specified .in Paragraph C.2., above,
the cost 01 Permitted Capital Improvements (as deinned in Exhibit "8") in a total
amount not to exceed ten percent (10%) of the inllial purchase plice set forth In
paragraph C,2 above. In calculating auch amount, only those Permitted Capital
Improvements identified in Exhibit "B" hereto shall qualify for inclusion. All such
Permitted Capital Improvements installed or constructS<! over the iife 01 the un~
shall qualify. However, the allowance permltled by thia subsection is a tlxed
amount, which shall be calculated on a cumulative basis applicable to the owner
and all SUbsequent purchasers, and shall not excee:d the maximum dollar amount
set forth in this subsectJon c.
d. Permitted Capital Improvements shall not Include any changes or eddltlona to the
Property made by the Owner during construction or thereafter, except In
,,~-"'~:':!al'ca with Paragraph C.2.c abo"... Permitted Capital improvQments .hall
not be Included in tha APCHA'. listed purchase pl'lce, Qv.m if mada or Installed
during original construction.
e. In order to qualify as Permitted Capital Improvements, the Owner must furnish to
the APCHA the following Information with respect to the improvements which the
Owner seeks to inolude in the calculation of Maximum Resale Price:
1) Orillinal or duplicate receipts to verify the actual costa expended by the
Owner for the Permitted Capitallmprovemenls;
2) Owner'a affidavit verifying that the receipts are valid and correct receipts
tendered at the time of purchase; and
3) True and correct copies af any building permit or certificate of occupancy
required to be issued by the Aspen/Pitl<Jn County BUilding Department
w~h respect to the Permitted Capital impr()vement3.
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f. For the purpose of determining the Maximum Resale Price in a=rdance with this
Section, the Owner may also add to the amount specified in Paragraphs C.2., a
through d, the cost of any permanent Improvements constructed or Installed as
a resuit of any requirement imposed by any govemmental agency, provided that
written certification is provided to the APcHA of both the applicable requirement
and the in/ormation required by Paragraph C.2.e, 1) - 3).
g. In calculating the costs under Paragraphs C,2.e, 1) . 3}, only the Owners actual
. oul.ot-pockal costs. a9d expenses shall beel!gibla for inclusion. Such amounl
, :': 1shSll.hollhd1Jde'an''l!llIcl:l\"lt.,~ble<tc ;OW4:ll!r's'. ';\lO!eal.lll;U~ .'OJ"."le.'3l1'J
. ,,_~ppr.eciatio~.i~ lhe value of the ImproVements, .J
NOTHING HEREIN SHALL eE CONSTRUED TO CONSTIT\HEA REPRESENTATION'
OR GUARANTEE BY THE APcHA OR THE CITY THAT ON RESALE THE OWNER
SHALL OBTAIN THE MAXIMUM RESALE 1"1'<1010,
3. All disputes Petween the Owner and the administrative staff oJ the APCHA shall be heard
in accordance with the grievance procedures set forth 'in the Affordable Housing
Guidelines.
Ptge4
O..d R..tlidlon lar 1 coo E..t Hopkin. Avenue
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specified fee to the APCHA), and the highest bid by a Qualified Buyer, tor not less than
ninety-fIVe percent (95%) of the Maximum Resale PMce clr the appraised marl<;et value,
whichever is less, shall be accepted; if all bids are below ninety-five percent (95%) of the
Maximum Resale Price or the appraiSed market value, the Property or Unit shall continue
to be listed for sale until a bid in accordancewlth this section is made, which bid must be
accapted. The cost of the appraisal shall be paid by the Non-Qualified Transferee(s).
Non-Qualified Transferee(s) shall join in any aale. conveyance or transfer of the
:"o!J7'jbto.,a.Q~iIled~~",.wI$~ajL~o.ul:.al)yand .alldocumentsnece~aO' to=''-''
ititib."'so;''lIni:l . . .... ., 'M'. ......' """".,,_.,
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a.
b.
Non-Quallfled Transferee(s) agree not t~: 1) occupy the said Unit; 2) rsnt alt or
any part of the Unit, except in strict compliance with Paragraph C,10 hereof, 3)
engage in any other business actIVity on or in l:he Unit; 4) sell or otherwise-~ "' . .. .-.
transfer the Unit except in accordance with this !\greemenl and the Affordable
Housing Guidelines; or 5J sell or otherwise transfer the Unit for use in a trade or
business.
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c. TneAPCHA, the City, the County, or their respective successors. as applicable,
Ah~1I n~ve the right and option to purchase the Unit, exercisable within a period
of fifteen (15) calendar days after receipt of any sales offer aubmitted to the
APCHA by a Non-Qualified Transferee(a). and In the event of exercising their Mght
and option. shall purchase the Unit !rOm the Non-Qualified Transferee(s) for a
price of ninety-fIVe percent (95%) of the Maximum Resale Price, or the appraised
marl<;et value, whichever is less. The offer to purchase shall be made by the Non-
Quellfied Transferee within friteen (15) days or acquisition of ~'1e Property or Unit
d, lMlere the provisions or thia Paragraph 6 apply, the APCHA may requll'll the
Owner to rent the Unit in accordance w~h the provlsiona of C.1 0, below,
7. The Unas ahall be and are to be utilized only es tne sole and exclusive placa of rsa/dence
of an Owner.
.1
8, In the event Owner changes domicile or ceases to utilize the Unit as his soie and
exclusive place or residencs, the Una will be offered tor sale pursuant to the provisions
of Paragraph C of this Agreement. Owner shall be deemed to have changed Owner's
domicile by becoming a resident elsewhere or accepting permanianl amployment outside
Pitkin County, or residing In the Unit for fewer than nine (9) months per calendar year
without the express wrftlen approvai of the APCHA. lMlere the provisions of this
Paragraph C.8 apply, the APCHA may require the Owner to rent the Unit In accordance
with the provisions of Paragraph C.10, below.
9. If at any time the Owner of the Una also owns any interest alone or in conjunction with
other:;. :~ ""~:. .=avaloped residential property. or dweillng unit(s) located In Eagle, Gar1leld,
Gunnison or Pitkin Counties, Owner agrees to immediately list said other property or unit
for Bale and to sell Owner's interest in such property at a sales prloe comparable to i1ke
units or properties in the area in Which the property or dwelling unit(s) ara located. In the
event !ald other property or unit has not been Bold by OWlner within one hundred twenty
(120) days of its listing, then Owner hereby agrees to immediately i1st this Property orUnit
for sale pursuant to the provisions of Paragraph C.B of this Agreement It Is understOOd
anq agrsed between the parties hereto that. In the case 01' an Owner wh06e busln.... Is
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39231&
. Deed Restriction for 1000 ~~t Hoplcln~ AvenUe
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GENERAL PROVISIONS
D. IN NO EVENT SHALL THE OWNER CREATE AN ADDITIONAL DWELLliNG UNIT, AS DEFINED
IN THE PITKIN COUNTY OR CITY OF ASPEN LAND USE CODES, IN OR ON THE PROPERTY,
E, NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE THE APC:HA TO PROTECT OR
INDEMNIFY THE OWNER AGAINST ANY LOSSESATTRIBUTAB1.E TO THE RENTAL,
INCLUDING (NOT BY WAY OF LIMitATION) NON-PAYMENT OF REN1" OR DAMAGE TO THE
PREMISES; NOR TO REQUIRE THE AP.CHA TO OBTAIN A QUALIFIED TENANT FOR THE
OWNER IN THE EVENT THAT NONE IS FOUND BY THE OWNER.
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BREACH
F. In the ovent that APCHA has reasonable cause to belllilve the Owner Is vlola~ng the provisions
of this Agreement, the APCHA, by It's authorized representative, may inspect the Unit between
the hours of 8:00 a.m. and 5:00 p.m.. Monday through Friday, after providIng the Owner with no
lass than 24 hours' written notlcs.
G. The APCHA, in the event a violation of this Agreement Is discovered, shall send a notice of
violation to the Owner detailing the nature of the violation and allowing th'. Owner flfteen (15) days
to cure. Said notice shall state thanhe Owner may re"luest a hearing belore APoHA ivtthln fifteen
(16) days to determine the merit!! of the allegations, If no hearing is requeated and the violation
O..d "..ttICli"" ler 10eo E3>t Hopkin' Avenue
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is not cured within the fifteen (15) day period, the Owner shall ~e considered in violation 01 this
Agreement If a hearing Is held before the APCHA, the decision of the APCHA based on the
record 01 such hearing shall be final for the purpose of determinin_1 ~ s violation has OCCUlTed.
REMEDIES
1-1.
T~er.eJ~.h~(ebY.!l=served to the parties hereto ariY and all remedies providad by law for breach
:';ef<ti1isAl;ll'eemeht"!lr'lIl'1y 'oTi'(s"t!lTnll...~1't''th~'mm'tha"'~lIl'tiM"'l'eSl:lrt.:to''~gsticl\:-wilM iI'!'SPect.'.tc
." anLor all prey/sions 01 this Agreement, the prevaiiing party shall b,eentitled to recovel"damages
and oosts, including 'reasonable attomeys' fees," . . - .0. -'"' .."......,.."
",.. '.-".,..
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::"".,;.,;.>,-;-.,:-:-:'",." ,.;',.,',:',',.,.,',.'.':_'"-0',,",, ,''','':-
In the'~~entth';Unit issold'~ncVdr'Conveyed ~itlio'ut compllancs herewith, 'such sala and/or
conveyance shall be wholly null and void and shall confer no title whatsoever upon the put)lorted
buyer. Each and every conveyance of the Unit, for all put)loses, shall be deemed to include and
Incot)lorate by this reference. the covenants herein contained, even without reference therein to
~~~~ '
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In the event that the Owner tails to cure any breach, the APCl-IA may rasort to any and all
available legal ac'lc'", ',..,~;.,;ding, but not limited to, specific performance of this Agreement or a
mandatory Injunction requiring sale of the Un~by Owner as'specitied herein. The costs of such
sale shall be taxed against the proceeds of the sale with the balance being paid to the Owner,
K
in the event of a breach of any of the tarms or conditions contained herein by the Owner, his
heirs, succeSSOrs or assigns,the APCHA's In~lsl listed purchase price of the Unit as set forth in
Paragraph B of this Agreement shall, upon the date of such breach as determined by APCHA,
automatically casae to increase as set out in. Paragraph C of this Agreement, end shell rsmain
fixed until the data of cure of said breach.
FORECLOSURE
L. If FNMA-type financing is used to purchase the Unit, aa determined by the APCHA, the APCHA
and the Soard may, pursuant to that certain Option to Suy exacuted and record!d of even date
herawith, the terms of which are Incorporated In this Agreement by this reference as if fully set
forth' herein, agree to release and waive their ability to enforce the resaie deed restrictions
contained herein, In the event of foreclosure, provided that ssld Option to 8uy gl1lnts to the
APCHA and t,e Soard, as th'e designee of the APCHA, the optlon ':0 acquire the PI'OP'lrty or Unit
within thirty (30) days after the issuance of a pUblic trustee's deed tll the holder (Including .s&igns
of the holder) 01 the promissory note seoured by a flr;t deed of trust for an option price not to
exceed the redemption price on the last day of all statutory nodemption period(e) and any
additional reasonabie costs inculTad by the holder during the oprton period which are directly
related to the fc,.~~:: ;'.:~.
in the event that APCHA or the Board, as the designee of the APCHA, exercise the optlon
pursuant to the terms of that certain Oprton to Buy, described above, the APCHA and/or 113
designee. mey sell the Unit to Qualffied Buyers as that term is defined herein, or rent the Unit to
qualified tanants who meet th.e InCOme, occupancy and all other quailflcatlons, established ~y the
APCHA in its Affordable Housing Guidelines until sale. to a Qualified Buyer Is effected.
Deed ~..triclion (of 1000 eMt Hop!<l". Avenue
Pog. 7
05/02/gG 101a~A PG 7
OF 18
JAf!. 22. 21Z11Z13
.,
8:29AM
ASPEN HOUSING OFC
1""'\
NO. 675
P.9
" .
'I
M. Notices. Any notice, consent or approval which is required to be given hereunder shall be gIVen
by mailing the sema, certltled mail, ret!.lm receipt requested, properly addressed and with postage
rully prepaid, to any address provided herein or to any subsequent m"iIIng address of the party
as long as prior written notice of the change of eddress has been given to the other parties to this
Agreement.
Said notices, conser"a 'anQ approvals shall be sent to the parties hereto at the/ollowlng addresses
unless otherwise notified in writing:
; ''ro:OcedmTrt:
'i;1roOOXEYtk~ns,"LLC
Clo Jeff yusem
"215 South Monarch, Suite 104
Aspen, Colorado 81611
_ .....~, ".~.......~,~.... .~.;~.:''''W
To APCHA:
Executive Director
Aspen/Pitkin County Housing AuthoritY
530 Eaet Main, Lower Level ,
Aspen, Colorado 81611 ~
To Owner.
10 be determined by a later recorded memorandum encumbering
each Individual unit
N. Exhibits. All exhibits attached hereto (Exhibits "A", "8' and "C') are 1i1corporated herein and by
this refarence made a part hereof. .
0, Severabilitv. Whenever possible, each provlsicn 0/ this Agreement and any other related
document shall be Interprated In s!.lch a manner as to be valid under appllcabl9 law; but if any
provision ot any of the foregoing shall be Inval1d or prohibited under said applicable law, 8!.lch
provision; shall be Ineffective to the extent of such Invalidity or prohlbitilon without invalidating the
r;,rnaining p:C"i:':r: 9~ such document.
P. Choice of Law. This Agreement and aach and every related document 18 to be governed and
construed in accordance with the laws of the State of Colo/'lldo.
Q. Successors. Except es otherwise provided herein, tne proviSions and c:ovenants contained herein
shall Inure to and be binding upon the heirs, succesaors end assigns of the parties.
R. Section Hesldlnos. Paragraph or sec;tlon headings within thia Agreement are Inserted sol~/y for
convenience of reference, and. are not intended to, and shall notgovem, limit or aid In the
constructIOn of any terms or provisions contained herein,
5. ~. No claim of waiver, coneent or ecqUleacenca with rasp9c:t to any provlalon 01 this
Agraemern 8MII be valid against any party h9reto except on the basis of a written instrument
executad by the parties to this Agreement. However, the party for whose bene1'lt e condition Is
Inserted herein shall have the unilaterai right to waive Juch condition.
T. Gender and Number, Whenever the context so requires herein, the neuter gender shall include
any or all genders and vlca versa and the use 01 the singular shall Include the plural and vice
versa.
~g. a
ONd Restricdcn far 100C ~iil:l~'r:o~"i;ns Avenue
39~.31&
0S/0a/~~ 101e~A PG a
OF" 18
.JAN.22.2003 8:29AM
~
ASPEN HOUSI~~ O.C
NO.675
P.l0
'-
U. Peraonal liabilitY, Owner agrees that he or she shall be personally liable for any of the
transactIons contemplated herein.
V. Further Actions, The parties ~ this Agreement agree to execute such further documents and take
such Nrther actions as may be reasonably requIred to carry out the provisions and intent of this
Agreement or any agreement or dooument reiating hereto or entered into in connection herewith.
W, "Modlficatlons. The parties to this Agreement agree that any modiftc:atJons of this Agreement shall
.>;:~eifadjl'\iOnlYMlilen mage.RyWJi.l4iBs~j!1nad..bl'.bothpartles an.d recorded with the Clerk and
''1'l.eoorder of Fitkin Coun ty"Colorado.Notwi!!1!1t3'ntlln'g';lhe'fc~oltlg, !the;~.el'lAri!lI:lmTU;!he1i\lhl
to amend this Agreement unilaterally where deemed necessary 1:0 effectuate the purpose and
intent ot this Agreement, and where such unliateralaction does not: materially Impair the Owners
rights under this Agreement, .
X. Owner 3nd Sucoessors. The term "Owner" 3hall mesn the persorl or persons who shall acqUire
an ownership interest in the Property or Unit in compliance with the terms and provisions of this
Agreement, it belr,g ,;,darstood that such person or persons 5;hell be deemed an "Ownsr"
hereunder only during the period of his, her or their ownership Interest in the Unit and shall be
obligated hereunder for therull and complete performance and observance of a/l covenants,
conditiona and restrictions contained herein during such period;
Y. Ql.lalmed BuverlTenant: The term Qualified BuyerlTenant is a per~lon(s) meeting the income and
asset /Imitation who meet the profile requirements (part of which requirements Include being a
qualified employee, a senior, a disable person. or dependent(s) elf any ot these such terms as
defined In the Guidelines) established by the APCHA from time to Ume and In effect at any time.
IN WITNESS WHEREOF, the parties hereto have executed thia instrument on the day and year
above first written.
DECLARANT:
~
The loregol
1998, by
1
) ss.
1
. ~~
tr\lment was acknowledged before me thia .::..._ day of
U '
~
STATE OF
COUNTY' OF
Witness m hand and official seal.
;, My commission axplr9s: (0 I~ lIft,
,,\lll'I~I.'~J ,'/.,A'~-::
,,\0\1 JI'6 ~A;~~l"!'.z~I,..
~. _.",,\.~.........~.~..,.~'W"rj,o!';m>!""":'
I.;f ~ t,,1'.,--'r'._~ .,l1..~~,'1!'.
.'., ,;:.' .......~ '.-"'Y".' "'"'/'
.: (': : :..; ", ~" ,'.~' ,IF
: == "'4. ;'. co : :." ,:',' f .
::.~: \_. . L..' }.:1-
..,..' ~'"" I. -., 'i"\ I'~' I I
'. .) O..cl;J!""t!l\:tlq'" fP.I ~ Eo;l Hopl<Joo Avenu.
:'. 1*,.... t'> \~ ...... .'.
", 'f . ........ ... r .... /
.~ ,.., 'M... "...,:. .
.",J.....r'.. "" .:
"1, "IIlIlII\l\,'I\ '"i I
. ,.-,.,.....
3~e;31;;' 1/1.5/0e/~6'l!1ZI i 2:lA PG ')
NO'~ ~~~ r'~~
P~.9
. ..4.'
OF 18
JAN.22.2003
8:30AM ASPEN HOUSING OFC
t""'\.
~
NO. 675
P.l1
, '.
'-
ACCEPTANCE BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
The foregoing OCc"U~ANCY AND RENTAURESALE DI:Ep RESTRICTION AND AGREEMENT
FOR 1000 EAST HOPKINS and its terms a eby adopted and declared by the Aspen/Pitkin County
Housing Authority.
,
:.'-'--'':':'::::::~.~:''':'''';f::
.i':::':.;
By:
',4" "~
~
~'-;-.-.--'-'--"
STATE OF COLORADO )
) as.
COUNTY OF PITKIN ) ,
The foregoing instrument was acknowledged bafore me this ~.h-J day or 4r' ',-'J I
1996, by David Tolen.
Witness my hand and official seal.
My commission expires: '1 v;-/1l.;
VnllTlaca.an.
~
, I
~
3~Z31.6
0~/02/~6 10:Z5~ PG 1~ OF is
Ceed Re.tticlicn for 1000 a..t HQP~in' Avtnu.
Pago 10
JAN. 22. 2003
,.0
. '.
8:30AM ASPEN HOUSING OFC
11
~IO. 675
P.12
~
EXHIBIT "An
Legal Description for
1000 East Hopkins Avenue
-~. ....... .?J.,otsK.ind,s,Slcl;k&,2SJlruJ26,
. 'E,;;;c;.:.:;"totS H, I a"d A;l31oCl<S,25enl:l'2.6,
. remainder of yacated Cleveland Street
County of P~kin, State of Colorado'
also known as 962, 972, 982 and 992 East Hopkina Alley
located in Aspen, Colorado
according to the Condominium Map thereof, recorded
on the _ day of ' 1996 ;
in Plat Book _ at Page _'
of the Public Recorda of i"~kin County, Colorado
Each Unit Categorized as follows:
ADDRESS
ga2 East Hopkins Alley
S72 East Hopkins Alley
982 Esst Hopkins AileY
892 East Hopkins Aliey
RENTAL CATEGORY 9bLES CATEGORY
2
.2
2
2
4
4
3
4
(Sales Categories must end up being 1 C<ltegory 3 & 3 Category 4'a)
"
..
. ... ~ . . ." .
~ ....- . .
..., -
.,.. "
39Z31&
0~/0et<;e, 10125R PG 11 OF. is
Oood Ro<trlclion Icr lOCO EM! HCll'klns AVlnuo
Plgl11
.,
JAM. 22. 2003
8:30AM ASPEN HOUSING OFC
f""l
f")
~IO . 6'15
P.13
---
EXHIBIT "B"
Permitted Capitallmprovemants
1, The term "Permitted Capftal Improvemen~' as used In the Agreement shall only include the
.Joll.oWjnll;,.."....~... ...0," ",
'.'0';"";"
a. Improvements orl.,xtut~$erected,installed or aftached as permanent, functional, non-
-decorative improvements - to'reaC-property:. eJ(cluding repair, replacement and/or
maintenance improvements;
b. Improvements lor energy and water conservation;
c. Improvements lor the benefit of seniors and/or handicapped,persons;
,
d. Improvements tor health and safety protection devices;
e. Improvements to add and/or finish permanentlf!xed,storage space; and/or,
f, Improvements to finish unfinished space.
2. Permitted Capital Improvements as used in this Agreement shall NOT include the following:
a. lllndecaplng;
b. Upgrades/replacements 01 appilances, plumbing and mechanical 1iXt1Jres, caipets and
other similar Itema included as part of the original constructicln 01 the unit;
c. The coat of adding decks and balconies, and any extension thereto;
d. Jacuzzis, saunas, steam showers and other similar iterns;
=
e. Improvements required to repair, replace and maintain existing f!xt1.Iraa, appliances,
plumbing and meChanical fixtures, painting, carpeting and otl1er similar ~ems; and/or
t. Upgr.;des or addition of decoretive Items, IncludIng IIghtlr, window coverings snd other
similar Itams.
3. All Permitted Capital Improvement Items and costs chall be approved by the APCHA stllff prior
to being added to the Maximum Rasale price as defined herein.
3<:l231 =
0S/02/<:l6 10,2SA PG 12 OF 1S
c.ed R..tr1ct1on fa, 1000 ~..t Hopkin. Ayenu.
Page 12
tl
Exhibit "F"
Vicini Map
~'--I~.I I~,I/ II~!IJ.I ~fr'i'W III ~ .~
.... :,~ i-~~/llfi;~ _? ,~. .. I ~#~'!J.!tth,}.I'!!";
'~_I/:,<<. / . . €- ..'11 ,} '1000E.Hopkins!"UD. - :I _~_.. "-I.
I/ft/~ ;'-'I':I{" HYM~N~IIE '(1' I' , Current Deed Restricted Unft Iii/! /
Il1aitiiiil ~~! /;/W ~/""" ) '--I., "I I TI ~ I '/ I 1/ I I.L
'.E~E 1"11.. ,,,...; II; ~Il_ ~/I'I..at 1 I 1 '. I~f.f/ 1;1. 1"/ 1I/~
Mal I "1"/1 . m'I' /,./1111. ~.,.".I,)/ !HYM~NA~E I I "{~~l. I
~77./ f 'J'///, // # ECO.,"",~ :j~!I,.,iltl!!'0;~d-~1~
'u ~ 1/1,'; '1' / II"~/..(l~ - ~~!t
Ii j '. .... ftCl/~J 11-;" /fi!.i~'j
. I ~ '1..., 'I 11_'../ !~~'!!/If.'/If", HWY82 I
/ IWI""I/ I I / /I"II_~ JIkw/-
""1 II '~.7J ! I )..
, ~!'l ..j 1.6./ rllllJi. A^r~IIE ' ! ..
, \ \~l,~~ 1"'-".1 !.o:w. ~~,. / ~,' . II / I I -
/..60,./, '" j'" _. 1_ II I I' I. IIIL~
/, I \_...L '_I _I ! .,. .....
! ' I J
-- 'I AJAX Condominiums / I I 1 ,
'I \ I~ '" \)~ \~" \:' l .. '/_1.. /W~rERS~IIE' / I ,
YI -'-. . ,;Jt~ \ ,/.. 1 I '~'''I_\ .
I ! it." , . (,.,F '''t: ~ < <_/ M I.IIL , I r-l&\ . ~
Text Four
Road Network
Rivers & Ponds
_ Structures
I I Parcels
I .
D City of Aspen
N
w~
E
s
.~
f"')
,]
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
, Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
,2003
STATE OF COLORADO )
) ss.
County of Pitkin )
,
I,-ff'Ot,^o/'..s X. Kr;-ZW1tiY\ic~ (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certifY that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
~ublication 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 fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
/rosting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least l1fteen (15) days
Pri~O the public hearing and was continuously visible from the7TH day of
~ ro~~ ,2003 , to and including the date and time of the public
hearing. A p otograph of the posted notice (sign) is attached hereto.
~ Mailing of notice. By the mailing of a notice obtained from the Community
-
Development Department, which contains the information dl:scribed in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, munieipal govemment,
school, service district or other governmental or quasi-goven:unental agency that
owns property within three hundred (300) feet ofthe property subject to the
development application. The names and addresses of property owners shaH be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
r-:
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
ofthis Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of: and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
~~~<f~/
Signature
. ~
The foregoing "Affidavit of Notice" was acknowledged before me this 2!L day
of (&A./1./l/}{2..V ,2003.., by H<twv('~/ <; X. Ypl7.,:.n-W011;'J-/
! . .
WITNESS MY HAND AND OFFICIAL SEAL
MYOO~ ne;~=)/--Or:;<>
I/" ( k..t7.
LY<ltlUy ~ he y
ATTACHMENTS:
COpy OF THE PUBLICATION
,
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
JAN-30-2003 THU 12:02 PM
FAX NO.
p, 02
r'i
PUBLIC NOTICE
RE: 1000 E. HOPIqNS SUBDIVISIONIPUD AMENDMENT, AMENDMENT TO GMQS
EXEMPTION FOR AFFORDABLE HOUSING, OFl'-SITE REPLACEMENT 01"
EMPLOYEE HOUSING MITIGATION, AND SPECIAL REVIEW TO V ARV 'fHE ADU
DESIGN STANDARDS
NOTleR IS HEREBY GIVEN that a public heming will be held on MCQlday, February 24, 2003,
at a meeting to beilj~ at 5:00 p,m. before the Aspen City Council, Council Chambers, Cily Hall,
130 S. Galena Street, to consider un applicnlion submitted by Robert Blatt, requcsting approval ofa
Subdivisj011/PUD amendmont, an amendment (0 the approved OMQS Exemption for the JOOO E.
Hopkins 1'UD. and special review approval to vary tile ADU design standards, The applicant is
seeking to amend the deed restriction 011 Unit 4 of the 1000 E. Hopkins Condominiums from a
Category Employee Housing Unit to f.IIl Accessory Dwelling Unit. In addition, 111e applicant is
proposing to deed restrict Unit 2, of the Ajax C011domini1ll11s as a CatcgoI)/ Employee Housing Unit
to serve as off.site repl~ccl11ent employee housing mitigation in-lieu ofllw conversion of Unit 4. of
the E, Hopkins Condominiums. The properties involved are legally described as Unit 4, of the
LOOO E, Hopl,ins Condominiums and Unit 2, crthe Ajax Condominiums, For fllliher infonnatiol1,
contact ,James Lindt at the City of Aspen Corrmllnity Development Department, 130 S. Galena St..
Aspen, CO (970) 920-5095, iames]@ei.aspell.CO,lIS.
S/Helcn Klandcrud. MlIvor
Aspen City Council
PLlblishec1 in iJleAspen Times on February S, 2003
-'~~ "'- .. --
.- ~. ,... .'- ~"
-
~==~- ,-
City of Aspen Account
n
SHAW BARBARA ANNE
11138 AQUA VISTA ST#22
NORTH HOLLYWOOD, CA 91602-3119
SMITH E GARLAND JR
900 E HOPKINS AVE #10
ASPEN, CO 81611
STEELE JULIANNE B
41 AVE DE LA GRANDE ARMEE
75116 PARIS FRANCE
SUITS MARTHA JANE
915 E HOPKINS AVE
ASPEN, CO 81611
TROUSDALE MARGARET OB
7 ALEXANDER LN
LITTLETON, CO 80121
VERONIKA INC
210 AABC STE G
ASPEN. CO 81611-3537
WEISBARD SAMUEL & RUTH
100 E BELLEVUE PL APT 31 B
CHICAGO, IL 60611
WI EN MARILYN
PO BOX 282
SNOWMASS, CO 81654
WYL Y CHERYL R MARITAL TRUST
300 CRESCENT CT #1 000
DALLAS, TX 75201
n
SHOAF JEFFREY S
PO BOX 3123
ASPEN, CO 81612
SOLHEIM LAUREN
1024 E HOPKINS #17
ASPEN, CO 81611
STEINMAN DAN P
311 W BELDEN #1A
CHICAGO, IL 60514
THREE LEE ASPEN L TO
970 ISOM RD
SAN ANTONIO, TX 78216
SIEGESMUND OLIVE
PO BOX 9680
ASPEN, CO 81612
SPALDING ANNA EVE
PO BOX 636
ASPEN, CO 81612
STERN JEAN
1020 E HOPKINS AVE
SUITE 2
ASPEN. CO 81611
,
TRETTIN HENRY & LANA
CIO TR&P
3350 OCEAN PARK BLVD
SANTA MONICA, CA 90405
VANMOORSEL GERARDUS H & MELINDA
E
1021 E HOPKINS
ASPEN, CO 81611
VEST STEVEN WALLACE
PO BOX 4488
ASPEN, CO 81612
WESTER KEITH
900 E HOPKINS AVE #9
ASPEN, CO 81611
,
WIGHT RUSSELL B & MELISSA
278 S MAYA PALM DR
BOCA RATON, FL 33432
VARADY LOTHAR M & CHERYL G
5036 MAUNALANI CIR
HONOLULU, HI 96815
VICENZI GEORGE A TRUST
PO BOX 2238
ASPEN, CO 81612
WICHMAN CHARLES R & JEANNE R
PO BOX 655
HONOLULU, HI 95809
WILLIAMS SANDRA REVOCABLE TRUS1
718 HEATHERY LN
NAPLES, FL 33963
MEGA VIVIAN
1982 BLUE MTN RD
LONGMONT. CO 80504-6211
MOUNTAIN HOUSE PARTNERSHIP
CIO WERNING JOHN ROBERT
905 E HOPKINS AVE
ASPEN, CO 81611
NUDELL KAREN J 1999 REV TRUST
29929 EASTVALE CT
AGOURA HILLS, CA 91301-4422
P S W 0 INVESTMENT CO L TO
CIO lINNECKE CARL
215 S MONARCH ST#101
ASPEN,CO 81611
PETERSEN BERTRAM C & LORNA M
915 E HOPKINS #8
ASPEN, CO 81611
RESTAINO THOMAS
72 ADLER AVE
SAN ANSELMO, CA 94960
RIVER HOUSE LLC COLO LLC
CIO US CABLE CORP
28 W GRAND AVE
MONTVALE, NJ 07645
SAGHATOLESLAMI SIROUS & RUTH
PO BOX 8080
ASPEN. CO 81612
SCHROEDER PATRICIA A
36261 SPRUCE TRAIL
PINE RIVER, MN 56474
SEAMONS JOHN K
PO BOX 3319
BASALT, CO 81621
f*J
MINES THOMAS F JR
1019 E HOPKINS AVE
ASPEN, CO 81611
MURRAY JOYCE K
PO BOX 352.
ASPEN, CO 81612
OLSEN DAREL YN ANDERSON
CIO SYNECTICS SFS INC
1775 SHERMAN ST STE 1350
DENVER, CO 80203
,
PARRY SUSAN LYNN
977 QUEEN ST
ASPEN, CO 81611
PIERCE ANITA M
PO BOX 3202
ASPEN, CO 81612
RIA FACILITIES INC
3900 S WADSWORTH BLVD STE 250
LAKEWOOD, CO 80235
ROARING FORK PROFESSIONAL
CENTER LLC
PO BOX 1155
BASALT, CO 81621
,
SALTZMAN SUSAN
915 E HOPKINS #3
ASPEN, CO 81611 .
SCHULTZ E
PO BOX 11717
ASPEN, CO 81612
SEID MEL
1104 DALE AVE
ASPEN, CO 81611
MOLITOR RONALD A & JOAN A
8696 SWAN
KALAMAZOO, MI 49009
NEARY DENNIS R & NANCY CENTLlVRE
8282 BOWLINE CT
INDIANAPOLIS, IN 46236
P L & A INC
A NEBRASKA CORP
9727 SPRING ST
OMAHA, NE 68124
PAUL CAROLYN A
TRUSTEE OF TRUST A PAUL TRUST
2415 MORENA BLVD
SAN DIEGO, CA 92110
RESORT & INVESTMENT REAL ESTATE
COMPANY
39577 N WOODWARD STE 300
BLOOMFIELD HILLS. MI 48304
RINGWALT JEAN CARR
1018 E HOPKINS AVE #8
ASPEN, CO 81611
ROTH JOSEPH R & ELlANNE V
PO BOX 6451
SURFSIDE, FL 33154
SCHRINER BONNIE M
2635 17TH ST
DENVER, CO 80211
scon SANDRA B TRUST
CIO LESLIE A scon
7215 MASONVILLE DR
ANNANDALE, VA 22003
SHAFFRAN STANLEY R & KANDI LYN
0164 LUPINE DR
ASPEN,CO 81611
.
o
GLUCK STACY E
PO BOX 865
ASPEN, CO 81612
GOLDSTEIN BARBARA E SIMON
TRUSTEE 27%
1020 E HOPKINS AVE #7
ASPEN, CO 81611
HICKS LESLIE
PO BOX 8225
ASPEN, CO 81612
HICKS LUANN H
6402 MIMOSA
DALLAS, TX 75230
HOPKINS LLC
10-000 SHELBYVILLE RD ST 10
LOUISVIl.LE, KY 40223
HOSE FLORENCE E
1024 E HOPKINS AVE #11
ASPEN, CO 81611
HYMAN STREET LLC
3201 S TAMARAC DR STE 200
DENVER, CO 80213
ICHIMARU SETSUO DR & TOMOKO
4-3-15 SUMIYOSHI
NISHI-TOKYO
TOKYO 202 0005JAPAN,
ISRAEL KENNETH E & RHODA
WILDSTEIN
263 OCEAN BLVD
GOLDEN BEACH. FL 33160
J & F INVESTMENT CO LP
NEW JERSEY l.TD PARTNERSHIP
25 BERKELEY TERRACE
LIVINGSTON, NJ 07039
JONES JANET MCGRATH
PO BOX 301
ASPEN, CO 81612
KAPPELI ERNST
PO BOX 1962
ASPEN, CO 81612
KENDRICK ALEXANDRA
980 E HYMAN AVE #4
ASPEN, CO 81611
KENNEDY WILLIAM W TRST
1051 E MAIN ST #110
EAST DUNDEE, IL 60118
,
L & E PROPERTIES L TO
145 S GRAPE ST
DENVER, CO 80222
LOESCH EN LEE A & LINDA A
0602 W SOPRIS CREEK RD
BASAl.T, CO 81621
LOVING GRAHAM III
1024 HOPKINS AVE #13
ASPEN. CO 81611
MARX LAWRENCE
PO BOX 7915
ASPEN, CO 81612
MCCAFFERTY PEGGY
900 E HOPKINS #6
ASPEN, CO 81611
MC.CORMICK JOHN
302 E HOPKINS
ASPEN, CO 81611
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GROSSBLATT A & S TRUST
'1018 E HYMAN AVE
ASPEN, CO 81611
HOOD CHARLES W
PO BOX 8026
ASPEN, CO 81612-8026
HOYE BETTY J
884 GRANT PLACE
BOULDER, CO 80302
ISAAC THOMAS D REV TRST
975 KING ST
ASPEN, CO 81611
JOHNSON SALLYANNE C
PO BqX 5050
ASPEN, CO 81612
KELl.EHER DOROTHY A
PO BOX 1
ASPEN, CO 81612
KENNY PHYLLIS A
#16 HIGHLANDS VILLAS
ASPEN,CO 81611
l.00 MONA B TRUST
31841 SEAFIELD DR
MALlBU. CA 90265
MCCABE THOMAS J
1017 E HOPKINS AVE
ASPEN, CO 81611
MCGRATH GEORGE JOHN
PO BOX 301
ASPEN, CO 81612
.
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898 E HOPKINS LLC
1800 MOLER RD
COLUMBUS, OH 43207
AUVIL PAUL R JR TRUSTEE 50%
AUVIL CAROLE A TRUSTEE 50%
1024 EAST HOPKINS - #14
ASPEN, CO 81611
BAUTSCH MARY
1982 BLUE MTN RD
LONGMONT, CO 80504-6211
BENENTI THOMAS
17 SUMMIT AVE
KENNEBUNKPORT. ME 04046
BRIDGMAN LYNNE C
515 CENTRAL AVE
WILMETTE, IL 60091
CHASE HEIDI
1019 E HOPKINS AVE
ASPEN, CO 81611
COLORADO MTN NEWS MEDIA
500 DOUBLE EAGLE CT
WASHOE, NV 89511
DART ELIZABETH
747 GALENA ST
ASPEN, CO 81611
EISEN JUDITH A
PO BOX 10042
ASPEN, CO 81612
FELLMAN THOMAS H
809 N 96TH ST
OMAHA, NE 68114-2523
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ALPERN CAROL J
1023 E HOPKINS AVE
ASPEN, CO 81611
BARNES JONATHAN A
265 RIVERSIDE DR
BASALT, CO 81621
BECKER JANICE
72 ADLER AVE
SAN ANSELMO, CA 94960
.
BLAINE BARBARA J
417 WINCHESTER
GLENDALE, CA 91201
BRYANT TONI TRUSTEE
1233 E MOUNTAIN DR
MONTECITO, CA 93108
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
CORRECTIONAL HEALTH SERVICES lNC
OHIO CORPORATION
PO BOX 51
AKRON, OH 44309
.
DE CRAY MARCELLA TRUSTEE
30 COMMONWEALTH AVE
SAN FRANCISCO, CA 94118
ELLEN MW L TO
C/O JULIA WEINSTEIN
515 E 79TH ST#10-A
NEW YORK, NY 10021
FRANK FREDERIC OPRT
12 TRILBY BRANCH
LONGWOOD, FL 32779
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ARNOLD ELIZABETH
2:154 WEST ADDISON #28
CHICAGO,IL 60618
BARTLETT GEORGE W TRUST 1/2
,130 E CIRCLE DR
N MUSKEGON, MI 49445
BELLIS ARTHUR P
'1008 E HOPKINS AVE
ASPEN, CO 81611
BOYD RICHARD P
PO BOX 10984
ASPEN, CO 81612
CAMPBELL JOHN E
900 E HOPKINS AVE APT 8
ASPEN, CO 81611-2077
CLURMAN DONALD S TRUST
455 LINDEN ST
LAGUNA BEACH, CA 92651
CUNNINGHAM P
PO BOX 11717
ASPEN, CO 81612
DIAMOND PHILIP E
2 TOPSIDE WAY
MILL VALLEY, CA 94941
ENGELBERG ALFRED B & GAIL MAY
1050 N LAKE WAY
PALM BEACH, FL 33480-3252
GAECHTER ANN E & WILLIAM R
PO BOX 285
WOODY CREEK, CO 81656
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,
CHAPIN ANZlE FAMilY TRUST
1887 STILLWATER ST
WHITE BEAR LAKE, MN 55110
KELLER KURT E
PO BOX 840
ASPEN. CO 81612
WISE JOSEPH
1320 HODGES .ST
RALEIGH. NC 27604-1414
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EBRAHIMI SHAINE
PO BOX 8590
ASPEN, CO 81612
PECKHAM THOMAS C
PO BOX 9766
ASPEN, CO 81612
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FF:YE MARTIN C
240 ZENITH AVE
LA.FAYETTE, CO 80026
SPENCER MARGARET R
CIO DAVID B SPENCER
1217 ROYAL ST
NEW ORLEANS, LA 70116-2515
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: toco e-' HOf/l/0~ C;
SCHEDULED PUBLIC HEARING DATE: ""2;/2L!;h3
. Aspen. CO
.200_
STATE OF COLORADO )
) ss.
County of Pitkin )
I, .~ 1M .q 5 1...) lAril- . . (name, please print)
being or representing an Apphcant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner;
4. 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 fifteen (15)
days prior to the public hearing. A copy of the publication is attached hieto.
_ Posting of notice: By posting of notice, which form was obtained from ~e
Comrinrnity Development Department, which was made of suitable,
1F yviiterproof materials, which was not less than twenty-two (22) inches wide
'::hmd tWenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior tp the public hearing and was continuously visible from the _ day of
, " '. . 200-, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto. .
----=Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class po~age
prepaid U.S. mail to any federal agency, state, county, municipal governinent,
school, service district or other governmental or quasi-governmental agelcy that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no .more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
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Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental. to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
. ~~
The ~Oing "Affidavit of Notice" was acknowledged before ~~f. day
of <-0 ,2003, by ;Yo.-- J <' > .h 1-,.-., . .
'.~~"~~fi;~1~2~~~Ii:~~~~.!{jly~
';~"'E^: t'00~'~" ",y.' 'kathys@ci.as
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'Tm: ,A[)Uri
NOTlCE'IS'
"wm'fieher ::;'~
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;CityCOUTH
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ted.by'R;
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the appr<::
Hopkins
vary the:,
seeklrigti"
of thel_
Categor)'
AccessOl
applican
the Ajax
Housing
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co'ryveft'.
'Coni.:fon
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Condor
iurns.,
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(970)9'
WITNESS MY HAND AND OFFICIAL SEAL
7' /9-3/03
My commission expires:
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Notary Public
PLEASI
County COIllI
do will corial
Ih~fQllciwlng
dayofFebru8
c conduct of b'
C(lnfmiSSione
Street, Aspen,
place aU men
be heard:
EMERGENt
Cbe
Plt:
AMENDMEf
^,eVc,PITKli
ATTACHMENTS:
The Boa
~i.rl"County, C
mgs to Stipp
ame,ndmentS,i
County Landt!
i~mJ;'l:':!J.:: PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
u:sktarid deve!,:
doReVisedStai
i~~g~;i~~)~fi OWNERS AND GOVERNMENTAL AGENCIES NOTICED
Ch.p'"".,0 BYMAIL
Slate Interest)
Publis' Chapter 67 of,.
2003"-(' Act);
-' "', ' ","', ' Chapter 20 of
-:~~_.;~,,-;,_~,I~
COPY OF THE PUBLICATION
~,
TO: Mayor and City Council
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MEMORANDUM
(\
Julie Ann Woods, Community Development Director'~'V"
J
THRU:
FROM: James Lindt, Planner CfL
RE: 1000 E. Hopkins PUD Amendment, Subdivision Amendment, Amendment to
a GMQS Exemption for Affordable Housing, and Special Review to Vary the
ADU Design Standards _1st Reading of Ordinance No. ~Series of 2003
DATE: January 27, 2003
ApPLICANT:
Robert Blatt
REPRESENTATIVE:
Francis Krizmanich
LOCATION:
Unit 4, 1000 E. Hopkins
Condominiums
ZONING:
RlMF Residential! Multi-Family
CURRENT LAND USE:
Deed Restricted Category 2 Rental
Unit/Category 4 Sale Unit
PROPOSED LAND USE: Accessory
Dwelling Unit
SUMMARY:
The applicant requests to have the
deed restriction removed from his
category affordable housing unit at
1000 E. Hopkins and transferred to
a unit that he has under contract in
the Ajax Condominiums. The E.
Hopkins unit from which he is
proposing to remove the category
deed restriction is subsequently
proposed to be deed restricted as an
Accessory Dwelling Unit (ADU).
Unit 4 of the 1000 E. Hopkins
Condominiums. The applicant is requesting to amend
the deed restriction on this unit to convert it from a
Category Affordable Housing "Rental" Unit to an
Accessory Dwelling Unit.
Photo Above: Unit 2 of the Ajax Condominiums. The
applicant is proposing to deed restrict this unit as a
Category 4, Affordable Housing Sale Unit as a
replacement for removing the "Category Deed
Restriction" from his unit at 1000 E. Hopkins.
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REVIEW PROCEDURE
Combined Review of Application: The Community Development Director, in consultation
with the applicant, has determined that a combined review of the various land use actions
being requested would reduce duplication and ensure economy oftime, expense and clarity in
reviewing the application. Therefore, City Council shall approve, approve with conditions,
or deny all of the land use requests associated with this application after considering a
recommendation of the Planning and Zoning Commission, the Housing Board, and the
Community Development Director. The land use actions that are required and that are being
requested are as follows:
· Amendment to an Approved P UD
· Amendment to an Approved Subdivision
· Amendment to a GMQS Exemption for Affordable Housing to allow for off
site replacement of affordable housing
· Special Review to Vary the ADU Design Standards
BACKGROUND:
Robert Blatt ("Applicant"), represented by Francis Krizmanich, is reqnesting approval of an
application to amend the deed restriction that exists on Unit 4 of the 1000 East Hopkins
Condominiums. The applicant requests to remove the Category 2 rental deed
restriction/Category 4 sale deed restriction (deed restriction allowed [or the unit to be either a
rental unit or a sale unit per the owner's choice) on the above-mentioned unit and deed
restrict it as a voluntary Accessory Dwelling Unit (ADU). In addition, the applicant requests
to deed restrict Unit 2 of the Ajax Condominiums as a replacement for removing the
Category 2 deed restriction from the unit at 1000 E. Hopkins.
Unit 4 of the 1000 East Hopkins Condominiums was one offour (4) deed restricted category
affordable housing units that was provided as mitigation to obtain a GMQS exemption for
affordable housing to construct four (4) free market multi-family units at 1000 E. Hopkins.
The affordable housing units were required to be built through the multi-family replacement
program because the multi-family building (consisting of eight (8) units) that existed on the
site previously housed local working residents (please see Exhibit "B" for ordinance
approving the development at 1000 E. Hopkins).
In order for the applicant to amend the deed restriction as he has requested, the applicant
requires four (4) separate land use actions. The applicant requires a Subdivision and a PUD
amendment to amend the site specific development plan that currently calls for there to be
four (4) category affordable housing units within the SubdivisionlPUD as was built.
Furthermore, the applicant requires approval of an amendment to the existing GMQS
exemption for affordable housing to allow for Unit 4 of the 1000 E. Hopkins Condominiums
to be replaced off-site as a unit of affordable housing mitigation for the free market units that
were built in 1995. Finally, the applicant requires approval to vary the ADU design
standards to allow for the unit at 1000 E. Hopkins to be deed restricted as an ADU because it
is not detached from the other units on the site and it is not located entirely above grade as is
required by the ADU design standards.
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STAFF COMMENTS:
Subdivision and PUD Amendment
Staff believes that the proposed subdivision and PUD amendment will not substantially affect
the character or operating characteristics of the PUD at 1000 East Hopkins. The unit that the
applicant is proposing to remove the category deed restriction from is proposed to remain as
affordable housing by means of deed restricting it as an ADU. Therefore, any inhabitants of
the unit would still have to be working residents as is defined in the Aspen/Pitkin County
Affordable Housing Guidelines. The primary change in the rental operations of the unit will
be that the owner will be able to chqose the working resident that rents the unit, whereas,
currently the rental of the unit is handled through the Housing Authority. Staff believes that
the proposed subdivision and PUD amendment meets the applicable review criteria to amend
the approved 1000 E. Hopkins PUD/Subdivision.
Amendment to GMQS Exemption for Affordable Housing
The applicant has proposed to deed restrict Unit 2 of the Ajax Condominiums as a Category
4, "Sale" Unit to replace the category deed restriction that is to be removed from Unit 4 of
the 1000 East Hopkins Condominiums. The applicant must replace the category deed
restriction because the Hopkins Unit was used as mitigation through the multi-family
replacement program for a GMQS exemption for affordable housing. A replacement unit
must be located on-site unless City Council finds that the on-site replacement would I )be
incompatible with adopted neighborhood plans or 2)would be an inappropriate planning
solution due to the site's physical constraints pursuant to Land Use Code Section 26.530.050,
Location of replacement housing. Staff does not believe that the proposed amendment to
the GMQS exemption to allow for the off-site unit to replace the existing on-site
category affordable housing unit as mitigation is in response to site specific constraints
as the review standards require. Furthermore, staff does not believe that maintaining
the category unit at 1000 E. Hopkins for purposes of employee housing mitigation is
incompatible with the neighborhood because it has existed as such for approximately a
decade and staff is not aware of any neighborhood plans that have been adopted for this
area. Therefore, the Planning Staff cannot support the proposal.
Conversely, staff does believe that the proposal furthers several of the Aspen Area
Community Plan's (AACP) housing goals. The proposal would increase the number of
affordable housing units within the community which is consistent with the AACP goal that
calls for 800 to 1,300 additional affordable housing units to be developed within the Aspen
Community Growth Boundary. Moreover, staff feels that the proposal is also consistent with
the AACP goal of encouraging the private sector to develop affordable housing.
The Planning and Housing Authority Staffs also feel that Unit 2 of the Ajax Condominiums
in which the applicant is proposing to deed restrict as a Category 4 "Sale" Unit, is more
livable than the E. Hopkins unit. Both units contain two bedrooms, are at least 50% above
grade, and the Ajax Condominium unit is approximately fifty (50) square feet larger than the
E. Hopkins unit. Furthermore, staff believes that the proposal to replace a category "rental"
(deed restriction is attached as Exhibit "F") unit with a category "sale" unit would make the
administration and enforcement of the category affordable housing unit easier for the
Housing Authority in light of the recent Telluride Supreme Court Case Decision regarding
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rent controls. Staff is very concerned that if the proposal is denied, the City will not be able
to enforce the terms of the rental deed restriction on the 1000 E. Hopkins unit. Approval of
the application would alleviate this staffs concerns in this regard. Nonetheless, staff does
not feel that the review standards for off-site replacement are met by the proposal and cannot
support the application.
Special Review to Varv ADU Desil!ll Standards
The applicant requires special review approval to vary the ADU design standards to deed
restrict the East Hopkins Unit as an ADU because it is not detached from the other multi-
family units on the property and it is not located entirely above grade as is required by the
ADU design standards. Staff believes that the unit meets the livability requirements of the
Housing Authority and is designed in a manner that promotes it's function as a separate and
private dwelling unit. In addition, deed restricting the unit as an ADU is consistent with it's
current use as a rental affordable housing unit.
Staff believes that the ADU design standards that require an ADU to be detached from the
main residence and above grade are mainly intended for units that are proposed to be
accessory to a single-family or duplex dwelling unit. This standard was put into the land use
code to encourage ADU's to be rented as a separate dwelling unit rather than being used as a
below-grade recreation or storage room for the main residence as has frequently been the case
in the past. In this situation, the unit to be deed restricted as an ADU is a multi-family
apartment unit that met the livability requirements for a category affordable housing unit. In
addition, the unit was designed as part of a planned unit development to operate as an
attached apartment unit and to be compatible with the surrounding neighborhood in regards
to it's operating characteristics. Staff believes that the Special Review Standards to vary the
ADU design standards are met by this proposal.
Aiax Condominiums Retaininl!; Wail Concerns:
Staff has been contacted by several Ajax Condominium Unit Owners who have alerted staff
of possible structural problems with a retaining wall that is constructed on the common land
of the Ajax Condominiums. The owners who have contacted staff feel that there is a
possibility that the retaining wall will fail in the near future (or that major repairs will be
required) and that the condominium owners might be subjected to pay a sizeable special
assessment. Staff has verified that there has been recent work done on the retaining wall in
an effort to improve it's stability. However, staff is still concerned that any qualified
employee that may purchase Unit 2, of the Ajax Condominiums could possibly be subject to
a sizeable unexpected cost due to problems with the retaining wall. Therefore, if Council is
inclined to approve the proposal, staff feels that it is necessary to propose a condition of
approval in the attached ordinance that requires that the Applicant place a one -time fee in
escrow to cover the expected costs of replacing or repairing the retaining wall if and when it
is required. The money that is to be put in escrow should be based on a cost estimate to be
provided by a private engineer that is to be hired by the applicant. Staff has proposed that
this money be put in escrow prior to amending the deed restriction on Unit 4, of the 1000 E.
Hopkins PUD. The money that is to be escrowed would be to the benefit of the purchaser to
be used for the wall only.
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PLANNING AND ZONING COMMISSION RECOMMENDATION AND COMMENTS:
The Planning and Zoning Commission recommended that City Council deny the proposed
application. Many of the Commissioners cited that they did not feel that the proposal met the
review standards for off-site replacement of affordable housing mitigation as was pointed out
by staff. The Commissioners also expressed concerns about the strenuous objection to the
proposed application by the majority of the other owners in the Ajax Condominium building
(please see letters attached as Exhibit "D").
Conversely, several of the Commissioners did express that they felt that Unit 2, of the Ajax
Condominiums was a more livable unit than the 1000 E. Hopkins Unit and that the proposal
did further the community's affordable housing goals of providing additional deed restricted
units to the Community's inventory. In addition, the Commissioners expressed that they felt
that trading a "for sale" category unit for a "rental" category unit as the application proposes
would be beneficial given that the Housing Authority can no longer enforce the rental
restrictions that were placed on the 1000 E. Hopkins rental unit in light of the recent
Telluride Supreme Court Decision regarding rent controls. However, the Commission did
not feel that the review standards for off-site replacement of affordable housing mitigation
were flexible enough to allow for the approval of the proposal.
RECOMMENDATION:
Staff believes that the proposal would beuefit the community by providing an
additional employee housing unit to the affordable housing inventory within the
community. In addition, stafffeels that the unit in the Ajax Condominiums that is to be
deed restricted as a category unit is a generally more livable unitthan the unit at 1000
E. Hopkins that is currently designated as a category unit. However, staff cannot
support the proposed amendment to the GMQS Exemption for affordable housing at
1000 E. Hopkins because we do not feel that locating the affordable housing mitigation
off-site is 1) incompatible with an approved neighborhood plan or 2) is in response to
site specific constraints as the off-site replacement review criteria require. Staff
recommends that City Council deny the proposed amendment to the existing GMQS
exemption at 1000 E. Hopkins finding that the review standards for off-site replacement
have not been met by the proposal.
RECOMMENDED MOTIONS (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE):
"I move to approve Ordinance No. _, approving with conditions, a subdivision and PUD
amendment, an amendment to the GMQS exemption for affordable housing at 1000 E.
Hopkins, and a special review to vary the ADU design standards to allow for the Category
Affordable Housing Unit that is legally described as Unit 4, of the 1000 E. Hopkins PUD; to
be deed restricted as an ADU and to allow for the free market unit legally described as Unit
2, of the Ajax Condominiums to be deed restricted as a Category 4 Sale Unit to replace Unit
4, of the 1000 E. Hopkins PUD as affordable housing mitigation."
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Attachments:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Application
Exhibit C -- AspenJPitkin Housing Board Comments
Exhibit D -- Letters from the Public
Exhibit E -- Planning and Zoning Commission Resolution No.2, Series of2003
Exhibit F -- Current Deed Restriction on Unit 4, of the 1000 E. Hopkins PUD
Exhibit G -- Vicinity Map
City Manager's Comments:
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ORDINANCE NO. ~
(SERIES OF 2003)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING 1) A PUD
AMENDMENT, 2) A SUBDIVISION AMENDMENT, 3) AN AMENDMENT TO
THE GMQS EXEMPTION FOR AFFORDABLE ROUSING FOR OFF~SlTE
REPLACEMENT OF AFFORDABLE HOUSING MITIGATlONINTRE 10M E.
HOPKINS PUD, AND 4) SPECIAL REVlEW APPROVAL TO V ARYTlm ADU
DESIGN STANDARDS TO AMEND THE DEED RESTRICTION ON UNIT 4, OF
THE 1000 E. HOPKINS PUD AND TO DEED RESTRICT UNIT 2, OFTBE AJAx
CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
ParcelID: 2737-182-01-006
ParcelID 2737-182-07-008
WHEREAS, the Community Development Department received an application
from Robert Blatt, represented by Francis Krizmanich, requesting approval of 1) a PUD
Amendment, 2) a subdivision amendment, 3) an amendment to the GMQS exemption for
affordable housing for off-site replacement of affordable housing mitigation in the 1000 E.
Hopkins PUD, and 4) special review approval to vary the ADU design standards to allow
for the category affordable housing deed restriction on Unit 4, of the 1000 E. Hopkins PUD
to be transferred to Unit 2, of the Ajax Condominiums and for Unit 4, of the 1000 E.
Hopkins PUD to be deed restricted as an accessory dwelling unit; and,
WHEREAS, City Council may approve, approve with conditions, or deny a
combined application for a 1) Subdivision Amendment, 2) a PUD Amendment, 3) an
amendment to the GMQS Exemption for off-site replacement of affordable housing, and
4) a Special Review to vary the ADU Design Standards after considering a
recommendation from the Planning and Zoning Commission and the Community
Development Director; and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended denial ofthe proposal; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
and recommended that City Council deny the proposal; and,
WHEREAS, the Aspen City Council has reviewed and considered the de\,elopment
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the Aspen/Pitkin County Housing Authority, the
applicable referral agencies, and has taken and considered public comment at a public
hearing; and,
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WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
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
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF tHE CIty
OF ASPEN, COLORADO THAT:
Section 1
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section
26.445, Planned Unit Development; Section 26.480, Subdivision; Section 26.530.050(B),
Housing Replacement Requirements; and Section 26.520.080(D), Special Review, an
application is hereby approved for 1) a PUD Amendment, 2) a subdivision amendment,
3) an amendment to the GMQS exemption for affordable housing foroff-siterepIacemeIlfof
affordable housing mitigation for the 1000 E. Hopkins PUD, and 4)' special review to vary
the ADU design standards to allow for the category affordable hOUSIng deed restriction on
Unit 4, of the 1000 E. Hopkins PUD to be transferred to Unit 2, of the Ajax Condominiums
and for Unit 4, of the 1000 E. Hopkins PUD to be deed restricted as an accessory dwelling
unit with the following conditions:
1. The applicant shall amend the subdivision/PUD agreement for the 1000 E.
Hopkins Subdivision/PUD that reflects the change of Unit 4 from a category
affordable housing unit to an ADD. The amended agreement shall also
reflect that a portion of the required affordable housing mitigation for 1000
E. Hopkins was satisfied off-site in the form of deed restricting Unit 2, of
the AJAX Condominiums as a Category 4, for-sale unit.
2. A deed restriction for the buy-down unit, prepared by the AspewPitkin
County Housing Authority shall be signed and recorded prior to, or in
conjunction with the modification of the existing deed restriction on Unit 4,
ofthe 1000 E. Hopkins PUD.
3. The applicant shall list the buy-down unit with the AspewPitkin County
Housing Authority through the general affordable housing lottery system.
4. The applicant shall place in escrow a one-time fee covering the expected
costs to the new owner of Unit 2, of the Ajax Condominiums for replacing
or repairing the retaining wall if it is required. The fee shall be based on a
cost estimate to be provided by a private engineer hired by the applicant.
The cost estimate shall be approved by the City Community Development
Engineer. Any actual cost for replacing or repairing the retaining wail that
is above and beyond the amount of money placed in escrow by the applicant
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shall be borne at the expense of the owner of Unit 2 at the time that the
retaining wall is replaced or repaired. The money shall be placed in escrow
prior to transferring deed restrictions.
Section 2:
This Ordinance shall not effect 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 construed and concluded under such
prior ordinances.
Section 3:
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 4:
A public hearing on the ordinance shall be held on the lOth day of February, 2003, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 27th day of January, 2003.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved by a vote of
10th day of February, 2003.
to
L--.J, this
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
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EXHIBIT A
PUD AMENDMENT
REVIEW CRITERIA & STAFF FINDINGS
In reviewing an amendment to an approved PUD, the Planning and Zoning Commission and
City Council shall consider:
A. General requirements.
1. The proposed development shall be consistent with the Aspen Area
Community Plan.
2. The proposed development shall be consistent with the character of
existing land uses in the surrounding area.
3. The proposed development shall not adversely affect the future
development ofthe surrounding area.
4. The proposed development has either been granted GMQS allotments, is
exempt from GMQS, or GMQS allotments are available to accommodate the
proposed development and will be considered prior to, or in combination
with, final PUD development plan review.
Staff Finding
Staff believes that the proposal is consistent with the Aspen Area Community Plan in that it
would add to the number of affordable housing units that exist within the City of Aspen.
Furthermore, the addition to the affordable housing inventory would be provided by a private
owner rather than the housing authority as is consistent with the AACP housing goal that calls
for the public and private sectors to work together to ensure success in providing affordable
housing.
In addition, staff feels that converting the existing category affordable housing unit to an ADU
will not change the character or operating characteristics of the existing unit. The unit will
remain a "rental" affordable housing unit. The proposal also requires an amendment to the
GMQS exemption for affordable housing at 1000 E. Hopkins, to allow for the off-site unit to
replace the existing on-site affordable housing unit as mitigation for the construction of the
existing free market units at 1000 E. Hopkins. The applicant has concurrently applied for the
above-mentioned amendment to the GMQS Exemption at 1000 E. Hopkins. Staff finds this
criterion to be met.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements
for all properties within the PUD as described in General Provisions, Section
26.445.040, above. The dimensional requirements of the underlying zone district
shall be used as a guide in ddermhiingthe approprilltedimensi()lls for the pub.
During review of the proposed dimensional requirements, compatibility with
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surrounding land uses and existing development patterns shall be emphasized.
The proposed dimensional requirements shall comply with the following:
1. The proposed dimensional requirements for the subject property are
appropriate and compatible with the following influences on the
property:
a) The character of, and compatibility with, existing and expected
future land uses in the surrounding area.
b) Natural or man-made hazards.
c) Existing natural characteristics of the property and surrounding
area such as steep slopes, waterways, shade, and significant
vegetation and landforms.
d) Existing and proposed man-made characteristics of the property
and the snrrounding area such as noise, traffic, transit, pedestrian
circulation, parking, and historical resources.
Staff Finding
Staff does not believe that the proposal will change the character of the development in that
the existing category affordable housing unit will remain a "rental" affordable housing unit in
the form of an ADU. Staff also does not feel that the proposal will change the existing
natural or man-made characteristics of the site. Staff finds this criterion to be met.
2. The proposed dimensional requirements permit a scale, massing, and
quantity of open space and site coverage appropriate and favorable to the
character of the proposed PUD and of the surrounding area.
Staff Finding
The proposal will not change the dimensional requirements within the PUD. Staff finds that
this criterion is not applicable to this proposal.
3. The appropriate number of off-street parking spaces shall be established
based on the following considerations:
a) The probable number of cars used by those using the proposed
development including any non-residential land uses.
b) The varying time periods of use, whenever joint use of common
parking is proposed.
c) The availability of public transit and other transportation
facilities, including those for pedestrian access andlor the
commitment to utilize automobile disincentive techniques in the
proposed development.
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d) The proximity of the proposed development to the commercial
core and general activity centers in the city.
Staff Finding
The availability and demand for off-street parking within the 1000 E. Hopkins PUD will not
be changed by the proposaL Staff finds that this criterion is not applicable to this proposaL
4. The maximum allowable density within a PUD may be reduced if there
exists insufficient infrastructure capabilities. Specifically, the maximum
density of a PUD may be reduced if:
a) There is not sufficient water pressure, drainage capabilities, or
otber utilities to service the proposed development.
b) There are not adequate roads to ensure fire protection, snow
removal, and road maintenance to the proposed development.
Staff Finding
The applicant is not proposing to change the allowable density within the PUD. Staff finds
that this criterion is not applicable to this proposaL
5. The maximum allowable density within a PUD may be reduced if there
exists natural hazards or critical natural site features. Specifically, the
maximum density of a PUD may be reduced if:
a) The land is not suitable for the proposed development because of
ground instability or the possibility of mud flow, rock falls or
avalanche dangers.
b) The effects of the proposed development are detrimental to the
natural watershed, due to runoff, drainage, soil erosion, and
consequent water pollution.
c) The proposed development will have a pernicious effect on air
quality in the surrounding area and the City.
d) The design and location of any proposed structure, road,
driveway, or trail in the proposed development is not compatible
with the terrain or causes harmful disturbance to critical natural
features ofthe site.
Staff Finding
The applicant is not proposing to reduce the maximum allowable density within the PUD. Staff
finds that this criterion is not applicable to this proposaL
6. The maximum allowable density within a PUD may be increased if there exists a
significant community goal to be achieved through such increase and the
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development pattern is compatible with its surrounding development patterns
and with the site's physical constraints. Specifically, the maximum density ofa
PUD may be increased if:
a) The increase in density serves one or more goals ofthe community
as expressed in the Aspen Area Community Plan (AACP) or a
specific area plan to which the property is subject.
b) The site's physical capabilities can accommodate additional
density and there exists no negative physical characteristics of the
site, as identified in subparagraphs 4 and 5, above, those areas can
be avoided, or those characteristics mitigated.
c) The increase in maximum density results in a development pattern
compatible with, and complimentary to, the surrounding existing
and expected development pattern, land uses, and characteristics.
Staff Finding
The applicant is not proposing to increase the maximum allowable density within the PUD.
Staff finds that this criterion is not applicable to this proposal.
C. Site Design.
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent
public spaces, and ensures the public's health and safety. The proposed
development shall comply with the following:
1. Existing natural or man-made features of the site which are unique,
provide visual interest or a specific reference to the past, or contribute to
the identity ofthe town are preserved or enhanced in an appropriate
manner.
2. Structures have been clustered to appropriately preserve significant open
spaces and vistas.
3. Structures are appropriately oriented to public streets, contribute to the
urban or rural context where appropriate, and provide visual interest
and engagement of vehicular and pedestrian movement.
4. Buildings and access ways are appropriately arranged to allow
emergency and service vehicle access.
5. Adequate pedestrian and handicapped access is provided.
6. Site drainage is accommodated for the proposed development in a
practical and reasonable manner and shall not negatively impact
surrounding properties.
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7. For non-residential land uses, spaces between buildings are appropriately
designed to accommodate any programmatic functions associated with
the use.
Staff Finding
The exterior of the building is not proposed to be altered as part of the proposal. Staff finds
this criterion not to be applicable to this proposal.
D. Landscape Plan.
The purpose of this standard is to ensure compatibility ofthe proposed
landscape with the visual character of the city, with surrounding parcels, and
with existing and proposed features of the subject property. The proposed
development shall comply with the following:
1. The landscape plan exhibits a well designated treatment of exterior
spaces, preserves existing significant vegetation, and provides an ample
quantity and variety of ornamental plant species suitable for the Aspen
area climate.
2. Significant existing natural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner.
3. The proposed method of protecting existing vegetation and other
landscape features is appropriate.
Staff Finding
The applicant is not proposing to amend the exterior of the building or the landscaping. Staff
finds that this criterion is not applicable to this proposal.
E. Architectural Character.
It is the purpose of this standard is to encourage architectural interest, variety,
character, and visual identity in the proposed development and within the City
while promoting efficient use of resources. Architectural character is based upon
the suitability of a building for its purposes, legibility of the building's use, the
building's proposed massing, proportion, scale, orientation to public spaces and
other buildings, use of materials, and other attributes which may significantly
represent the character of the proposed development. There shall be approved
as part of the final development plan an architectural character plan, which
adequately depicts the character ofthe proposed development. The proposed
architecture of the development shall:
1. be compatible with or enhance the visual character of the city,
appropriately relate to existing and proposed architecture of the
property, represent a character suitable for, and indicative of, the
intended use, and respect the scale and massing of nearby historical and
cultural resources.
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2. incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade, and vegetation and by
use of non- or less-intensive mechanical systems.
3. accommodate the storage and shedding of snow, ice, and water in a safe
and appropriate manner that does not require significant maintenance.
Staff Finding
The applicant is not proposing any changes to the exterior of the building at 1000 E.
Hopkins. Staff finds that this criterion is not applicable to this proposal.
F. Lighting.
The purpose of this standard to ensure the exterior ofthe development will be
lighted in an appropriate manner considering both public safety and general
aesthetic concerns. The following standards shall be accomplished:
1. All lighting is proposed so as to prevent direct glare or hazardous
interference of any kind to adjoining streets or lands. Lighting of site
featnres, structures, and access ways is proposed in an appropriate
manner.
2. All exterior lighting shall in compliance with the Outdoor Lighting
Standards unless otherwise approved and noted in the final PUD
documents. Up-lighting of site features, buildings, landscape elements,
and lighting to call inordinate attention to the property is prohibited for
residential development.
Staff Finding
The applicant is not proposing any changes to the exterior of the building or the outdoor
lighting. All outdoor lighting on the building shall comply with the City of Aspen Exterior
Lighting Standards. Staff finds this criterion to be met.
G. Common Park, Open Space, or Recreation Area. .
If the proposed development includes a common park, open space, or recreation
area for the mutual benefit of all development in the proposed PUD, the
following criteria shall be met:
1. The proposed amount, location, and design of the common park, open
space, or recreation area enhances the character of the proposed
development, considering existing and proposed structures and natural
landscape features of the property, provides visual reliefto the property's
built form, and is available to the mutual benefit of the various land uses
and property users of the PUD.
2. A proportionate, undivided interest in all common park and recreation
areas is deeded in perpetuity (not for a number of years) to each lot or
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dwelling unit owner within the PUD or ownership is proposed in a similar
manner.
3. There is proposed an adequate assurance through a legal instrument for
the permanent care and maintenance of open spaces, recreation areas,
and shared facilities together with a deed restriction against future
residential, commercial, or industrial development.
Staff Finding
The proposed PUD amendment will not affect the amount of open space or recreation area
within the PUD. Staff finds this criterion to be applicable to this application.
H. Utilities and Public facilities.
The purpose of this standard is to ensure the development does not impose an
undue burden on the City's infrastructure capabilities and that the public does
not incur an unjustified financial burden. The proposed utilities and public
facilities associated with the development shall comply with the following:
1. Adequate public infrastructure facilities exist to accommodate the
development.
2. Adverse impacts on public infrastructure by the development will be
mitigated by the necessary improvements at the sole cost of the developer.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for
the additional improvement.
Staff finding
The utilities and public infrastructure on the site are existing. Staff believes that the proposed
amendment will not place a greater demand on the utilities or site improvements than
currently exists. Staff finds this criterion to be met.
L Access and Circulation. (Only standards 1&2 apply to Minor PUD applications)
The purpose of this standard is to ensure the development is easily accessible,
does not unduly burden the surrounding road network, provides adequate
pedestrian and recreational trail facilities and minimizes the use of security
gates. The proposed access and circulation of the development shall meet the
following criteria:
1. Each lot, structure, or other land use within the PUD has adequate access
to a public street either directly or through an approved private road, a
pedestrian way, or other area dedicated to public or private use.
2. The proposed development, vehicular access points, and parking
arrangement do not create traffic congestion on the roads surrounding
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the proposed development, or snch surrounding roads are proposed to be
improved to accommodate the development.
3. Areas of historic pedestrian or recreational trail use, improvements of, or
connections to, the bicycle and pedestrian trail system, and adequate
access to significant public lands and the rivers are provided through
dedicated public trail easements and are proposed for appropriate
improvements and maintenance.
4. The recommendations ofthe Aspen Area Community Plan and adopted
specific plans regarding recreational trails, pedestrian and bicycle paths,
and transportation are proposed to be implemented in an appropriate
manner.
5. Streets in the PUD which are proposed or recommended to be retained
'under private ownership provide appropriate dedica.tion to public use to
ensure appropriate public and emergency access.
6. Security gates, guard posts, or other entryway expressions for the PUD,
or for lots within the PUD, are' minimized to the extent practical.
StaffFinding
The vehicular and pedestrian access will not change because there is no proposed exterior
changes to the 1000 E. Hopkins PUD. Staff finds this criterion not to be applicable.
J. Phasing of Development Plan. (does not apply to Conceptual PUD applications)
The purpose of this criteria is to ensure partially completed projects do not
create an unnecessary burden on the public or surrounding property owners
and impacts of an individual phase are mitigated adequately. If phasing of the
development plan is proposed, each phase shall be defined in the adopted final
PUD development plan. The phasing plan shall comply with the following:
1. All phases, including the initial phase, shall be designed to function as a
complete development and shall not be reliant on subsequent phases.
2. The phasing plan describes physical areas insulating, to the extent
practical, occupants of initial phases from the construction ofIater
phases.
3. The proposed phasing plan ensures the necessary or proportionate
improvements to public facilities, payment of impact fees and fees-in-Iieu,
construction of any facilities to be used jointly by residents of the PUD,
construction of any required affordable housing, and any mitigation
measures are realized .concurrent or prior to the respective impacts
associated with the phase.
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Staff Finding
The applicant is not proposing any physical alterations to the unit within the 1000 E. Hopkins
PUD. Therefore, there is no phasing proposed. Staff finds this criterion not to be applicable
to this proposal.
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SUBDIVISION AMENDMENT
REVIEW CRITERIA & STAFF FINDINGS
In reviewing an amendment to an approved PUD, the Planning and .zoning Commission ancl
City Council shan consider if the proposed change is consistent with the approved
subdivision plat.
Staff Finding;
Staff feels that the proposal is consistent with the approved subdivision plat in that there is no
change proposed to the existing conditions of the structure and the use of the affected unit
will remain a "rental" affordable housing unit. In addition, all of the unit owners at 1000 E.
Hopkins have consented to allowing the applicant to remove the category deed restriction
from the Unit 4 and deed restrict it as an ADU. However, ifthe appllcaiiol1is approved, the
applicant will have to amend the 1000 E. Hopkins Subdivision Agreement to reflect that the
deed-restricted unit has been transferred to an ADU and that Unit #2 of the AJAX
Condominiums is serving as replacement employee housing mitigation for a portion of the
free market units that were developed within the 1000 E. Hopkins SlilJdivision/PUD. Staff
finds this criterion to be met.
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GMQS EXEMPTION AMENDlVIENT FOR OFF-SITE HOUSING REPLACEMENT
REVIEW CRITERIA & STAFF FINDINGS
In reviewing an amendment to the approved GMQS Exemption fori 000 E. Hopkins for the
purpose of allowing for off-site housing replacement, the Planning and Zoning Commission
and City Council shall consider the following review standards:
1. The replacement of units on-site would be incompatible with adopted
neighborhood plans, or would be an inappropriate planning solution due
to the site's physical constraints.
Staff Finding:
Staff does not believe that maintaining the unit as a category affordable housing unit would
be an inappropriate planning solution due to the site's physical constraints. The category
affordable housing unit has served as employee housing mitigation on the site for at least a
decade, and thus, staff does not believe that the proposal to shift the affordable housing
mitigation off-site at 1000 E. Hopkins meets this review standard.
In addition, there are no specific adopted neighborhood plans that act as guiding documents
for land use policy in the area in which the 1000 E. Hopkins PUD is located. Therefore, staff
cannot make a finding that maintaining the deed restricted category unit in the 1000 E.
Hopkins Condominiums, as a unit of employee housing mitigation would be incompatible
with an adopted neighborhood plan.
However, staff does feel that the proposal is consistent with the affordable housing goals of
the Aspen Area Community Plan (AACP), which serves as a guiding document for
development throughout the entire City of Aspen. Given that the application to transfer the
category deed restriction off-site and establish the existing category unit as an ADU increases
the number of affordable housing units within the City of Aspen, staff believes that the
proposal is consistent with the AACP's housing goal that calls for the community to provide
800 to 1300 additional affordable housing units within the urban growth boundary.
Moreover, staff also feels that the proposal is consistent with AACP housing goal that
encourages private sector participation in developing affordable housing.
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SPECIAL REVIEW TO VARY ADU DESIGN STANDARDS
REVIEW CRITERIA & STAFF FINDINGS
In reviewing an application for special review to vary the ADU design standards, the
Planning and Zoning Commission and City Council shal1 consider the fol1owing review
standards:
1. The proposed ADU is designed in a manner which promotes the purpose
of the ADU program, promotes the purpose of the zone district in which
it is proposed, and promotes the unit's general livability; and,
Staff Finding:
Staff feels that the unit proposed to be deed restricted as an ADU meets the general livability
requirements of the ADU program. The unit was constructed as a category affordable
housing unit, but real1y better meets the ADU dimensional requirements. The unit is very
good size for an ADU in that it contains two bedrooms and approximately seven hundred and
fifty (750) square feet. In addition, staff believes that the unit is fairly private in that it has no
interior doorway into the other units on the site. Also, the unit enters into a shared parking
garage, which contains one parking space that is designated for use of the unit. Moreover,
the Housing Authority has reviewed the proposal and feels that the transfer of the category
deed restriction from the E. Hopkins Unit to Unit #2 of the AJAX Condominiums upgrades
the quality of the affordable housing inventory within the City of Aspen and thus promotes
the AACP's affordable housing goals. Therefore, staff finds this criterion to be met.
2. The proposed ADU is designed to be compatible with, and subordinate in
character to, the primary residence considering all dimensions, site
configuration, landscaping, privacy, and historical significance of the
property; and,
Staff Finding:
The unit to be deed restricted as an ADU is subordinate in size to the free market units on the
site. Furthermore, the unit was designed to be cOlnpatible withtheot~~r1ll(:i~~?;: t~.~si.~~ a.I1d
was reviewed as part of a Planned Unit Development (PUD). WhenthePuD development
plan was approved, the units were found to be complementary with each other and the
physical site itself. In addition, the recent use of the property has been as a multi-family
structure. Thus, requiring that the proposed ADU be detached from the other units would not
be consistent with the existing multi-family use of the property. Staff finds this criterion to
be met.
3. The proposed ADU is designed in a manner which is compatible with or
enhances the character of the neighborhood considering all dimensions,
density, designated view planes, operating characteristics, traffic,
availability of on-street parking, availability of transit services, and
walking proximity to employment and recreational opportunities.
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Staff Finding:
The unit is existing and was reviewed for it's compatibility with neighborhood when the
1000 E. Hopkins PUD plan was approved. Staff does not believe that the operating
characteristics of the unit will change significantly as a result of the proposal. Additionally,
the unit to be deed restricted as an ADU currently meets the parking requirements for an
ADU and is located within walking proximity to the Civic Center Area, Rio Grande Park,
and the Commercial Core. Staff finds this criterion to be met.
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FROM : KRIZMANICH
118
PHONE NO.
970 927 4263
()
Oct. 30 2002 05:31PM P2
FRANCIS X. .I(~ANIC1'I
Land U~e Planning
79 Light Hill Road
Snowmass CO 81654
PhonelFs" (970).927-42B3
October 30,2002
James Lindt
Aspen Community Development Department
130 S. Galena Str:eet
Aspen CO -61611
Re: Response to Special Review criteria for Blatt ADU
Dear James:
Thank you for discussing the Blatt application with me today. You indicated that
Special Review of this of this application by the Planning and Zoning
Commission -is reqUIred for The proposed Al>UbecauseSection 26:520.050
states: "4. The finished floor height(s) of the ADU shall be entirely above the
natural or finished grade, whichever is higher, on all sides of the structure; and,
S. The ADU shall be detached from the primary residence. An ADU located
above a delaehed garage or storage area shan qualify as a detacned AtlU. "No
other connj'lctions to the primary residence, or portions thereof, shall qualify the
unit as detached." Because the proposed ADU is not located entirely above
grade and is also attached tathe primary residence, Special Review approval is
required for..tms unit.
As we discussed, this letter will address the Special Review criteria for an ADU
which are outlined in Section 26.520.080(0) of the Code, which states " A
Special RevJevvTor an ADO may approved, approved With conditions, or denied
based on conformance with the following criteria:
1. The proposed ADU is designed in a manner which promotes the purpose of
the ADU program, promotes the purpose of the zone district in which it is
propose$1,-arid promotes the uri1fs generallivability; and,
2. The prQposed AOU is designed to be compatible with, and subordinate in
character to, the primary residence considering all dimensions, site
configuration, landscaping, privacy, and historical significance of the
property;..and,
3. The prQposed ADU is designed in a manner which is compatible witn or
enhances the character of tne neighborhood considering all dimensions,
density, designated view planes, operating characteristics, traffic, availability
of on-street parking, availability of.. transit saNices, and walking proximity to
employment and recreational opportunities." .
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FROM : KRIZMANICH
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PHONE NO.
970 927 4263
n
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Oct. 30 2002 05:30PM Pi
In response tg1:he above cr'itetia, 1 olfer the ronewing:
1. This pro\:1osal supports the purpose of the ADU program because it will add
an additional employee housing unit to the community. The proposed ADU
currently exists as a deed restricted rental unit. The conversion of this unit to
an ADU will;idd an additional employee unit to the communitynousjng
supply b~use an additional free-market unit will be deed restricted and
sold as an employee dwelling unit, resulting in a net gain to the employee
housing supply.
The unit is 19C8tediii the'"R7MF zone distr'icl."The proposed use Oflhe unit as
an ADU is C(Ompatible with the purpose of the zone district, which is . '" to
provide for the use of land for intensive long-term residential purposes, with
customary accessory uses.'
Special Revjsw approval is requiredl'or this proposal because the proposed
ADU is not located entirely above grade and it is also attached to the primary
residence, The unit's design and locallon at the rear of the 1000 East
Hopkins PUD provides privacy and a separate entry from the main project.
The unit ful:letions as a wall<out, garden-level apartmenl that overlOOKS the
Roarln~ ForK River. The location and design of the unit promotes a high
degree Of livability.
2. The proposed ADU was designed as part of the 1000 East Hopkins PUD.
The unit design 1s compatible W11h the resl 6l'the project and it is subordinate
to the ~o the primary residence considering it's dimensions and locetion
within t1ie project.
3. The proposed ADU was developed as part of an integrated project that was
designed toJae compatible with the surrounding neighbomooa.lhe unit has
a designatrd parKIng space within the 1000 East Hopkins building and
parking is also available along Hopkins Avenue. No designated view planes
are affected by this proposal. The property is located in close proximity to
transit stops and .is lIlI.i1hiQ. walking distance io .d.ollllniowD.Aspen. The.!.!nit..is
within walkjng proximity to both employment and recreational opportunities.
If you have any question or need more information please call me. Thank you.
Sincerely,
~
Francis X. Krlzmanich
NOV.20.2002 9:20AM ASPEN HOUSING ore
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MEMORANDUM
TO:
FROM:
DATE:
James Lindt, City P1aIIner, Community Development Department
Cindy Christensen, Housing om;e
Nove111bcr 20, 2002
RE:
1000 E. Hopkins PUP and GMQS EXe111ption, Amendment, Multi-Family
Rep1a<:ement Progrl\ll1 ~uest for an Off-Site Replaccnnent Housing Unit and
Conversion of On-Site Unit to ADU
Parcel ID No. 2737-182-01-010
ISSUE:
The applicant is proposing a "for like" buy.down unit to replace the existing on-site employee
dwelling unit located at 1000 Baat lIopkins. If' approved, the applicant Is requestitlg the existing
deed restriction on the unit be replaced with an accessory dwelling unit deed restriction.
BACKGROUNDl
The four free-market units and four deed-restricted units are loQli.ted where the Valley.HI
aplU1ments use to exist. The developer at the time had to provide four two.bedroom deed-
restricted units to satisfy mitigation requirements for the demolition of the Valley-HI
ApartmeIl.tS. At the time, the developer was given a few conceasions: 1) the pe:rcentaac of
replacement affordable housing units waa less than normally required; 2) the affordable housing
units were offered for sale to the free.market unit owners to be used as fWly deed-restricted
rental units; 3) the net livable square footage of the units (at 750 square feet) waa loss than the
recommended 950 square foot requirement.as stated in the Glridelines; and 4) the payment-in-
lieu payment was less than required by the Housing Guidelines. .
What is at Issue is the policy in wbich the Multi.Family Rep1a<:e111ent Program requires that the
mitigation must take place on-site. At times, requiring the mitigation to take p1a<:e on-site may
be a hardship. This has also been proven to be the c:ase after the developer has completed the
projeot and sold the free-market units along with the deed-restricted units. There was a previous
case in the West End that the employee dwelling \lDit was also connected to the main residence
and the owner felt that thm waa a privacy issue. especially when the unit is required to be rented
out all the time to a qualified employee. Housing still believes that the policy is a scod polioy,
but feels that an owner should have the right to approach Housing with a potential replaoe111ent.
Stall's main concern Is to get at least a like-for-like unit. In the case of the owner in the West
End, the Housing Office waa able to get another fWly deed-restriction ownership unit In its
inventory. This also gives the Housing Office the ability to possibly negotiate for a different
type or category unit if the need has changed. In this applioatlon the hoUling program would not
only gain another deed-restrioted unit that is cUl1'ent1y free-market, but also another accessory
1000 B. Hopkin. PUD & GMQS BxemptionA111elldmant
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dwelling unit. Granted, the ~ority of the accessory dwelling units. are not being utilized lIS the
P1anni11a & Zoning Commission and City Councll had hoped for, but as long as they exist, there
is still the possibility that an employee QOuld reside In that unit.
Staff has done a site visit of the \lIlit that the Ilpplicant is proposing to buy-down. The unit meets
all the same criteria as the existing unit al1d in some instances, exceeds the existing unit. If the
applicant's request is approved, the applicant would need. to deed restrict the proposec\ unit and
list the unit under the Housing Authority's procedures prior to any other documentation being
changed on the existing unit.
RECOMMEl'lDhTlON:
The Housing Staff recommends approval with the following conditions in reference to the
submission:
1. Any proposed unit to be satisfied for an existing unit must be approved by the
AspenlPitkin County Housing Authority (APHCA) as a like-for-like unit prior to any
exchange ofumts.
2. If the existing unit dOe$ not fall under the standarc\s for an accessory dwelling unit, it is
up to the Comm\lllity Development to accept the existing unit as an accessory dwelllng
unit under its' current standards.
3. A deed-restrlction, prepared by APCRA, shall be siilled and reQOrded by the owner prior
to the other deed restriction. or in conjunction with the other deed restriction, being
modified and/or released and then recorded.
4. The owner shall list with APCHA and through the genDl'allottery system the buy-down
unit.
1000 E. HoplciDa l'UP " GMQS lixempllon AmtDdmcnt
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Thomas Peckham, 08:08 PM 12/30/200~ -0700,PLlblic Hearing 1/7/03
X-Originating-IP: [64.156.34.17] /
From: "Thomas Peckham" <thomaspeckham@hotmail.com>
To: <jamesl@ci.aspen.co.us>
Cc: "Debi Spencer" <dbspencer@mindspring.com>,
"Tom Chapin" <tomnidac@earthlink.net>
Subject Public Hearing 1/7/03
Date: Mon, 30 Dee 2002 20:08:57 -0700
X-MimeOLE Produced By Microsoft MimeOLE V5.00.2615.200
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Date: 12130/02
To: James Lindt
City of Aspen Community Development Department
From: Thomas C. Peckham, President
Ajax Condominium Association
Re: Public Hearing to be held on Tuesday, January 7, 2003 before the Aspen Planning and Zoning
Commission
Several Ajax Condominium homeowners have contacted me regarding the Public Notice they received for
the above referenced meeting. Each of them expressed opposition to Robert Blatt's proposed deed restriction
of Unit 2 of the Ajax Condominiums. They have asked me to write and tell you that the Ajax Condominium
building in inappropriate for anyone but a free market owner.
The Ajax building has been and will continue to be excessively expensive to maintain. Since I have lived
here, I have incurred unforeseen special assessments in the many tens of thousands of dollars. Our original
retaining wall, for example, cost in excess of $760,000 to replace. Our new retaining wall, in the words of
our structural engineer, Bob Pattillo, is "failing." It is cracking, bulging and leaking badly. As much as I
would wish otherwise, I see no reason to expect that large and unpredictable assessments will not continue
into the future. These special assessments must be borne by the owners of the nine units in the building.
Even one owner not paying assessments jeopardizes the financial stability of the Ajax Condominium
Association. More than half of the Ajax Condominium units have been foreclosed on over the years. The
most recent was by the Condominium Association itself for a former owner's nonpayment of assessments
described above. Recently we used our reserves and had stilI another special assessment ($10,000) to pay
for remedial action taken to attempt to slow the failure of our retaining wall.
Colorado law requires tllat a real estate seller must disclose any adverse condition to prospective buyers.
Any prospective buyer of an Ajax Condominium unit should be advised by the seller to not only contact Mr.
Pattillo about the retaining wall, but to also conduct an independent inspection and thorough analysis before
buying.
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Every owner I have spoken with and the overwhelming majority of the Ajax Condominium ownership feels
Printed for James Lindt <jamesl@ci.aspen.co.us>
1
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,
Thomas Peckham, 08:08 PM 12/30/2002 -0700, pUblii:: I-h;!aring 1/7/03
that Ajax condominium units should only be sold on the free market to individuals with the financial
resources to take on the risks inherent in ownership. These owners also fear that their own investments at
the Ajax may be threatened should a new owner take possession who does not have the necessary financial
resources for ownership.
It would be wrong for a government agency to restrict ownership to only those individuals without such
financial resources.
As none of our officers or directors will be able to attend the above referenced meeting, our Board of
Directors met today and unanimously appointed David Spencer to represent the Ajax Condominium
Association at the meeting. He will be available to express our concerns and to answer questions that
members of the Planning and Zoning Commission Jnay have.
Sincerely,
Thomas C. Peckham, President
Ajax Condominiwn Association
Printed for James Lindt <jamesl@ci.aspen.co.us>
2
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Aspen Planning and Zoning
Jasmine Tygre, Chair
Response to request, from Robert Blatt, on off-site replacement of 1000 E. Hopkins.
My Name is Joe Wise, owner of unit #5 Ajax Condominiums.
Ajax was built in the 1960's, It's a 9 unit complex, There has been very little changes to
the complex in recent years, I've just completed a major remodel on my unit that has
increased my tax base, as well as improved the utilities services to the entire building.
The retaining wall that supports Aspen Mountain Rd. is a concern to all the current
owners of the Ajax; we have an engineer monitoring its stability. My concern is it may
require a substantial special assessment in the future.
The Ajax Condo Assoc. has very little current operational reserves that would cover any
unexpected expenses, therefore requiring a special assessment. I bring this up due to the
fact that a person in a free market unit may have the financial resources to cover such
expenses. I could see a problem, if a deed restricted unit goes to a lien and foreclosure,
due to unpaid assessments. This would cause a burden on both the deed restricted unit
owner, the Ajax and the Aspen Community Development Dept.
There is currently (I) open market rental unit, a 2 bedroom with 4 tenants, IF the unit in
Question takes on the normal usage, The Ajax would have 8 people in 2 small units. This
would not be appropriate or fair to the free market units, it would be a strain on the total
infrastructure and in my opinion cause values to decrease and a hardship on all parties.
While I support the Aspen's employee housing initiatives, I feel the Ajax is not the best
use as a replacement deed restricted unit. I agree with your staff recommendation to deny
this request.
Please feel free to contact me for any reason on this issue. Thanks you in advance for
your consideration in this matter
Joe Wise (919) 815-0213
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Thomas Chapin, 12:34 PM 01/02/2003 -0600. '. Deed Restrict Unit 2, Ajax Condominium
.. .... ,.,......."...,',,,...,:.....,,<\'.',.,,,.:,.,,i-'...:...,:....:.,........ '. .... '... ..
User-Agent: Microsoft-Outlook-Express-Macintosh- Edition/5. 02.2022
Date: Thu, 02 Jan 200312:34:55 -0600
Subject: Deed Restrict Unit 2, Ajax Condominium
From: Thomas Chapin <tomnidac@earthlink.net>
To: James Lindt <jamesl@cLaspen.co.us>
CC: <thomaspeckham@hotmaii.com>
X-ECS-MaiIScanner: Found to be clean
To: James Lindt
City of Aspen Community Development Department
From: Tom Chapin
Board member, Ajax Condominium Association
Owner of Unit 1
01/02/03
This is to express my opposition to the application by Robert Blatt to allow
employee housing in Unit 2 of the Ajax Condominium at 107 Aspen Mountain
Road. This is inappropriate for this condominium for these reasons:
No 1. There is no yard space for family activities.
No 2. There are only 9 units at this complex. Each owner has a great
investment which demands future expenses requiring special assessments to
maintain value. This may not be compatable with a lower income family.'
No 3. If this application is approved for unit 2, it may lead to employee
housing in other units and even greater overall burden to the complex.
No 4. Mixing employee housing with free market housing with only 9 units
total at the Ajax would lead to conflicts. Unit 2 has 10.35 % of our total
voting rights. A lower income family would not likely have the same interest
as the other owners in future improvements.
Printed for James Lindt <jamesl@ci.aspen.co.us>
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dbspencer@mindspring.com, 08:55 PM 01/02/2003 ~O~OO, 01/01/03 Public HEARING
From: dbspencer@mindspring.com
Date: Thu, 02 Jan 2003 20:55:46 -0500
To: jamesl@ci.aspen.co.us
Reply-To: dbspencer@mindspring.com
Subject: 01/01/03 Public HEARING
Sender: dbspencer@mindspring.com
X-Originating-IP: 12.252.242.247
X-ECS-MailScanner: Found to be clean
To: James Lindt, City of Aspen Community Development Department
From: David B. Spencer, Ajax Condominiums, Unit #3
Re: Public Hearing to be held on tuesday, January 7, 2003 before the Aspen
Planning and Zoning Commission
Date: January 2, 2003
Dear Mr. Lindt:
On behalf of Ajax Condominiums, Unit #3, this is to express our strong
opposition to the proposed deed restriction of Unit #2, which is our adjacent
neighbor.
We are the senior owners at the Ajax, as our ownership goes back to 1983. Our
unit has been a second home and sometimes on the rental market but since
October 2001 we are off the rental market as our daughter lives here
permanently and we visit more than ever. Our understanding that only one of
the nine units at the Ajax is now in the long term rental market and all
others are primary residences or secondary family residences.
During our term of ownership we have seen staggering expenses and staggering
special assessments. There is the prospect of staggering future special
assessments as well. The dues and general assessments are substantial and when
even one owner does not pay on time it greatly jeopardizes our operations.
Also, like all of the others owners we are sure, we have major investment in
our unit, including major sweat equity, and want to protect and enhance that
investment.
Every other owner to whom we have spoken is also strongly opposed to the
proposal. It is not in the best interest of our property or association.
Thanking you for your consideration,
David B. Spencer
Printed for James Lindt <jamesl@ci.aspen.co.us>
1
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RESOLUTION NO. 02
(SERIES OF 2003)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AN]) ZONING
COMMISSION RECOMMENDING THAT CIT'YCOUNcftDENVl) ApU])
AMENDMENT, 2) A SUBDIVISI()N AMEN])l\1E~T, 3) AN AMEND.l\1~NT TO
THE GMQS EXEMPTIONFORAFFOR,])ABL~ i!OUSIN(;!i'gR ()F'F~SITE
REPLACEMENT OF AFFOIIDABLEHOUSING MITIGATiON IN'rHEl000 E:
HOPKINS PUD, ANn 4) SPECIALREVIEWAPYROVALTOVARVTilEADU
DESIGN STANDARDS TO AMEND Tm: DEED~~TI{t"CTI()N()~~!T4, OF
THE 1000 E. HOPKINS PUD AND TO DEED RESTRICTUNlT t, OF THE AJAX
CONDOMINIUMS, CITYOF ASPEN, PITKIN COttN'rY, COLOR"ADO:
ParcellD: 2737-182-01-006
ParcelID 2737-182-07-008
WHEREAS, the Community Development Department received an application
from Robert Blatt, represented by Francis Krizmanich, requesting approval of 1) a PUD
Amendment, 2) a subdivision amendment, 3) an amendment to the GMQS exemption for
affordable housing for off-site replacement of affordable housing mitigation in the 1000 E.
Hopkins PUD, and 4) special review approval to vary the ADU design standards to allow
for the category affordable housing deed restriction on Unit 4, of the 1000 E. Hopkins PUD
to be transferred to Unit 2, of the Ajax Condominiums and for Unit 4, of the 1000 E.
Hopkins PUD to be deed restricted as an accessory dwelling unit; and, .
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended denial of the proposed
amendment to the GMQS Exemption for affordable housing; and, .
WHEREAS, during a duly noticed public hearing on January 7, 2003, the Planning
and Zoning Commission reviewed and considered the development proposal under the
applicable provisions of the Municipal Code as identified herein and recommended by a
vote of six (deny) to one (approve) that City Council deny the proposal; and,
WHEREAS, the Planning and Zoning Commission did not find that the
development proposal meets or exceeds all of the applicable development standards; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF 'ASPEN PLANMNG
AND ZONING COMMISSION As FOLLOWS:
Section 1:
Pursuant to the procedures and stan~ards set forth in. City of Aspen Land Use Code Section
26.445, Planned Unit Development; Section 26.480, Subdivision; Section 26.530.050(B),
Housing Replacement Requirements; and Section 26.520.080(D), Special Review, the
Planning and Zoning Commission recommends that City Council deny the proposed
application.
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Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission 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 an authorized entity.
Section 3:
This resolution shall not effect 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 4:
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this ih day
of January, 2003.
APPROVED AS TO FORM:
COMMISSION:
PLANNING AND ZONING
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
JAN.22.2003
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OCCUPANCY AND RENTAURE$AI.E
DEED RESTRICTION AND AGREEMENt
FOR 1000 EAST HOPKINS A VENUE
THIS OCCUPANCY AND RENTAl-IRESALEDr=.I!.D~TRICTION AND AGREEMENT (the
"Agreemenf') is made and entered into this ..L day of Jii4fiiioj 1 ee6, by and betwllen 1000 EAST
HOPKINS, LI.C (the "Declaranf'), end the ASPEN/PITKIN COUNTY HOUSING AUTHORITY (hereinafter
referred to as "APCHA'1, a duly constituted mUltl-Juriadictional Housing Authority established pursuant to
the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEM~NTby and between the City of
Aspen, Colorado (the "City") end Pltl<1n County, Colorado (the "County"), deted September 26, 1eee and
recorded in BooK 605 at 2';;;,,'7,;~ :;1 the records of the P~kin County CierK and Recorder's Office.
WIT N E SSE T H:
WHEREAS, the City of Aspen granted Final SUbdivision, PUD and 'Condomlniumization approvai
for the 1000 Eest Hopkins Condominiums, SUbject to conditions pursuant to Ordinance No. e, series of
1991, a copy of which Is attached as Exhibit "C" and incorporated by reference herein.
WHEREAS, Declarent has submitted to the City of Aspen for approval, execution end recordation
the final Plat of the 1000 East Hopkins Townhouse Condominiums for a tract of land situated within the
City of Aspen, more fully described as follows:
LotR K and S, Blocks 25 and 2B, Lots H, I and A, Blocks 25 ana' ;l8, plus I'8malnder of
vsealed Cleve/end St_t. County of PI'tkIn, State of Colorado
WHEREAS, there are to be four (4) deed restrlcted two-bedroom units, with each unit to be
separately condominiurolzed, oontainlng at least 750 square feet, wnh at lea$t 50% of the square ,footage
being above grade ..(the "Units"). The Condominium Map is to be recorded before Certificate of
Occupancy.
WHEReAS, pursuant to the City of Aspen City Council Ordinance No, e (Series of 1991), the
Declarant desires to Imoo~'" certain covenants upon the Units, more speCifically described in Exhibit "A",
Which will rastrlct the us. IIlna ocoupancy of the Units to qualified buyers or tenants, as defined In the
Aspen/Pitkin County Housing Guidelines (the "Guidelines") and as they are amended from time to time,
In addition, the Declarant desires to Impose certain covenants upon the Units Which shell set forth the
maximum monthly rental price, maxfmum resale price, amount of appreolatlon, and terms and provisions
for the rental or sale of the Units. In order to accompliSh the foregoing objectives, thll Declarant dRires
to enter into thle Agreement with APCHA upon the terms set forth herain.
WHEREAS, the parties hereby acKnowledga that the Declarant will not occupy or utilize the Units
ae his residence; instead, Declarant has ~cqulrlld the Units for purposes of: \1) leasing the Units to Pitkin
County employees who fall within the APCHA's. Category 2 Guidelines, as the sams are pl.Ibllched from
time to time:, 2) aelllng the Units, in conjunction with the sale of another unrestrlcted unitlocatad on the
propllrty, In which cue the buyer shall rent the Units (or sell the Units to qualified employees [Qualified
Buyera] who fall Within the APCHA's category 3 and 4 Guidelines), subject to the terms of this agrHment
to employees who tall within the APCHA's Category 2 GUldalines, as the s.me are published from time
to time; or 3) selling the Units under the terms of this agreement to quallfllld employe. (Qualified Buyers)
who fall within the APCHA's Category 3 and 4 Guidelines. 88 the same are published from tlme to time.
'3ge31& 0~/0e/96 101e~A PS 1 OF 18 REO
SI~VIA DAVIS PITKIN COUNTY CLERK & RECORDER 91.00
DOC
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NOW, THEREFORE, it is agreed by the parties hereto a follows:
LEASE BY DECLARANT OR SALE/RESALE TO NON-QUALIFIED OWNER
A, OccupancY and Rental Restrlctioftll:
Declarant may retain ownership of the Units. Declarsnt shall also be enti~ed to sell an affordable
housing unit in conjunction with the sale of a free-market unit On the property, regardless of
whether or not the buyer qualifies under the Guidelines; provided, however. the affordable housing
unit shall be occupied by a qualifled Category 2 employee. The Declarant or OWner Is required
to have elllenants qualify as to employment, Income and assets through APCHA and provide to
APCHA a copy of the tenant's lease, Each tenant shall requalify once every two YElars through
the APCHA. No lease agreement executed for occupancy of the Units shall provide for a prlmary
term of less than six (6) consecutive months. The rent for the.se units cannot exceed the
Maximum Monthly Rent for Category 2, two-bedroom units, as stated In the Guidelines.
INITIAL SALES/RESALE TO QUALIFIED BUYER
B. Initial Sale:
1.
In the event that the Declarant or Non-Qualified Buyer, under A.1 above, shldl desire to
sell the Units to Qualified Buyers, they may sell the Units to the Ql.lalifled Buyers of their
. own selection, ,
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2.
Presently, the In~lal sale price for the units sold to qualified buyers cannot exceed
'Hlt.IGi fao-.lfol&SIIt!l.ag'l t-",~~>!~,mH5, 11,t:@l.l."oiI.., +",., &IS specified In the
1995 Allpen/Pltkfn County Housing Guidelines, Table III. The maximum In~lal sales price
will be based on the Ml!Xlmum Sales Price for two-bedroom Cat.gory 3 or Category 4
units liS stated In the Guidelines effective at the lime the unit is 'sold,
C. Resale and OCCUDancv Guideline. ADDlicable to Qualified Buver:
1, In the eVllnt that an OWner desires to sell the Unit, the Owner shall execute a atandllrd
Listing Contraot on forme approved by the Colorado Real eatate Commission with the
APCHA providing for a 180-day listing period, or Sl.lch other time perlod as reqUired by the
APCHA Affordablll HOl.lsing Guidelines in effect .t time of listing. At this time. the OWner
shall deposit with APCHA an amount eql.lel to one peroent (1 %) of the eatlm<ed v&llue of
the Unit. The APCHA shan promptly advertise the Property or Unit for sale by comp<ltlve
bid to Qualified Buyers. At the time of Clo&llng. the OWner sh&lll pay to APCHA an
additional one pereent (1%), for a maximum fee of two p.reent (2%). If FNMA type
financlr.G ;~ ',"3d, there may be a fee oharged by the APCHA based on the IImount
financed, The amount of this fee to be paid by the SlIbsequent Owner shall be as set
forth In the ourrent Affordable Housing Guidelines end will be distributed to the APCHA
Mortgllge Fund Account.
PallQ2
Ooed R.otrIctICn fer 1000 eut Hopl<Jl1I Avenue
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2. Maximum Resale Price: In no event shall the Un~ be sold for an amount ("Maximum
Resale Price") in excess of the lesser of;
a, The Owner's purchase price, plus an increase of three percent (3%) of such price
per year from the date of purchase to the date of Owner's notIce of intent to sell
(prorated at the rate of .25 percent for each whole month for any part of a year);
OR
b. an amount (based upon the Consumer price Index, Alllterm. U,S. City Average.
I)~"" I.II/age Earners llnd Clerical Workers (ReVised). published by the U.S.
Depanmem of Labor. Bureau of Labor Statistics) oalculated as follows; the
Owner's purchase price divided by the Consumer Price Index published at the
time of Owner's purchase stated on Settlement Sheet. multiplied by the Consumer
Price Index current at the date of intel)t to ~el.I.. .In. nClevent shallthi!multiplier be
less than one (1). For purposes of this Agreement, "date of rntent to sell" shall
be the date of execution of a listing contract when required by this agreement, or
if a listing contract is not othelWise necessary, the date shall be determined to be
the date upon which a requirement for the Owner to sell is first applicable.
c. FOr the purpose of determining the Maximum ResalePriee in accordance w~h thiS
Section, the Owner may add to the amount specified in Paragraph C.2., above,
the cost of pennltted Capital Improvements (as defined in Exhibit "B") in a total
amount not to exceed ten pereent (10%) of the inftlal purehase price set forth in
paragraph C,2 above, In calculating such amount, only those Permitted Capital
Improvements identified In Exhibit "B" hereto shall qualify for inclusion. All such
Permitted Capital Improvements installed or constructed over Ihe life of the unit
shall qualify. However, the allowance permitted by thia subsection is a fixed
amount. which shall be calculated on a cumulative basis applicable to the owner
and all subsequent purchasers, and shall not exceed the maximum dollar amount
set forth in this subsection o.
,/
d.
Permitti!d Capital improvements shall not Include any changes or addItions to the
Property made by the Owner during conatruction or thereafter, except In
.....~,,'d=nce with Paragraph 0.2,c .boYs, permltte~. Capital Improv;ments Ihall
not be Include<l in the APCHA's listed purchase price, ilv;n if made or Installed
during original construction,
e. In order to qualify as Pennltted Capllallmprovements, the Owner must furnish to
the APCHA the following Information with respect to the improvements which the
Owner seeks to Include in the calculation of Maximum Resale Price;
1) Original or duplicate receipts to verify thil actual costs expended by the
OWner for the Permitted capltallmprovilments;
2) Owner's affidavit verifying that the receipts are valid and correct receipts
tendered at the time of purchasej and
3) True and correct copies of any building permit or certiflcllte of occupancy
required to be issued by thil Aspen/Pitkln County Building Department
w~h respeot to the Permitted Capital Improvements,
Dooq Roatrlctlcn fer 1000 east Hopkins Avenue
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f. For the purpose of determining the Maximum Resale .Price in accordance with this
Section, the Owner may also add to the amount specified in paragraphs C.2.. a
through d, the cost of any permanent improvements constructed or Installed ss
a result of any requirement Imposed by any govemmental agency, provided that
Written certification Is provided to the APCHA of both the applicable requirement
and the Information required by Paragraph C,2.e, 1).3).
g. In caloulatlng the costs under Paragraphs C,2.e. 1) - 3), only the Owner's actual
out-ol-pocket costs and expenses shall be eligible for inclusion. Such amount
shall not Include an amount attributable to Owner's "sweat equity" or to any
appreciation In the value of the Improvements.
NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A REPRESENTATION
OR GUARANTI!!E BY THE APci-lAOR'1'HECrrY THA1' ONRESAI.I!THE OWNER
SHALl. OBTAIN THE MAXIMUIUlRESAI.E PRICE.
3. All disputes between the Owner and theadminlstr~tlve staff. of the APCHA sh.all be hea.rd
In accordance with the grievance procedures set forth in the Affordable Housing
Guidelines.
4. Owner "".;" .;~, permit any prospective buyer to sssume any or all of the Owner's
customary closing costs nor accept any other consldera~on which would cause an
increase in the purchase price above the bid price so as to Induce the Owner to sell to
such prospective buyer,
5. In the event that one quallfled bid is received equal to the Maximum Resale Price herein
established, the Property shall be sold to such bidder at theMaximum Resale Price: and
In the event Owner receives two or more such bids equal to the Maximum Resale Price.
the Qualified Buyer shall be selected according to the prionty for Sale Units set forth in
the Afford_ble HOUSing Guidelines; and, In the event that all such qualified bidders are of
equal priority pursuant to the Afford.able Hou~lryg Guidelines, the Qualified Buyer shall be
selected by lottery among the qualiflad bidders, whereupon the Property or Unit shall be
sold to the winner of such lottery at the Maximum Resale Price. If the terms 01 the
proposed purchase contract, other than price, as Innlally presented to the owner, are
unacceptable to the Owner, there shall be a mandatory negotiation period of three (3)
busineH days to allow the Seller and potential buyer to reach an agreement regarding
ssid terms. Including but not limited to, the olosing date and financing contingencies, If.
lifter the negotiation period Is over, the Seller and buyer have not reached an agreement,
the next bidder's offer will then be presented 10 Ihe Seller for consideratIon and a three
(3) business day negotiating period will begin again. The seller mllY reject any and all
bids. however, the Owner is subject to the provisions In the Affordable Housing Guidelines
pwining to the listing lee, Bids In excess of the MaXimum Resale Price shall be
rejected. II all bids are below Maximum Rilsalil Price, OWner may accept the highest
quallfled qid. If all bid. are below Maximum Resaie Price and two or more bids .are for
the same priC'e. the Quallfled Buyer shall be selected by lottery from among the highest
qualified bidders.
6. Except aa provided in paragraph A above, In the event that title to the Unit vests by
descent In Individuals and/or entities who are not Qualified Buyers aa that term is deflned
herein (hereinafter "Non-Quallfled Transferee(s)"), the Property or Unit shall Immediately
be listed for sale as provided In Paragraph C above (Including the p.ymllnt of the
Page 4
O..d Restrlcllon for lOCO East Hopkins Avenue
3~231E>
03/02/~6 101eSR PS 4
OF 18
'. ,JAt:I.22.2003
".. . ,'. " .
8:29AM ASPEN HOUSING ore
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NO. 675
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n
specified fee to the APCHA), and the highest bid by a Qualified Buyer, for not less than
ninety-fIVe percent (95'10) of the Maximum Resale Price or the appraised market value,
whichever is less, shall be accepted; if all bids are below nInety-five percent (95'10) of the
Maximum Resale Price or the appraiSed market value, the Property or Uni! shall continue
to be listed for sale until a bid in accordance with this section Is made, Which bid must be
accepted. The cost of the appraisal shall be paid by the Non-Qualified Transferee(s),
a, Non..QuallfiedTransferee(s) shall join in any slIie, conveyance or transfer of the
Unit to a Qualified Buyer and shall execute any and all doouments necessary to
do so; and
b, Non-Qualified Transferee(s) agree not to: 1) occupy the said Unit; 2) rent all or
any part of the Unit, except in strict compliance with Paragraph C,10 hereof; 3)
engage in any other business activIty on or in the Unit; 4) sell or othelWlse
transfer the Unit except in accordance with this Agreement and the Affordable
Housing Guidelines; or 5) Bell or otherwise transfer the Unit for use in a trade or
business,
c, The APCHA, the City, the County, or their respective successors, as applicable,
~"",II "eve the right and option to purchase the Unit, exercisable within a perIod
of fifteen (15) calendar days after receipt of any sales offer submitted to the
APCHA by a Non-Qualifled Transferee(s}, and in the event of exercising their right
and option, shall purchase the Unit frOm the Non..Qualifled Transferee(s) for a
price of ninety-five percent (95%) of the MaxiMum Resale Price, or the IiIppralsed
market value, whichever is less, The offer to purchase shall be made by the Non-
Qualified Transferee within Meen (15) days of acqulsiflon of the Property or Unit.
d. Where the provisions of this Paragraph 6 apply, the APCHA may require the
Owner to rent the Unit in accordance w~h the provisions of C,1 0, below,
7. The Unas shail be and are to be utilized only as the sole and exclusiVe placa of residence
of an Owner,
a. In the event Owner changes domicila or ceases to utilize the Unit aa his sole and
exclusive place of resldenes, the UM will be offered for aale pursuant to the provisions
of Paragraph C of this Agreement. Owner shall be deemed to have changed Owner's
domiolle by becoming a resident elsewhere or accepting permanent employment outside
Pitkin County, or residing In the Unit for fewer than nine (9) months per calendar year
without the express Wrftlen approval of the APCHA. Where the proVISions of this
Paragraph C,8 apply, the APCHA may require the Owner to rant the Unit In accordance
with the provisions of Paragraph C,10, below,
9. if at any time the Ownar of the Untt also owns any interest alone or in conjunction with
others :~ ~~~. .:::ve!oped resldantlal property or dwelling unit(s} located In Eallle,Garlleld,
Gunnlaon or Pitkin Counties, Owner sgrINs to immediately Itst said other property or unit
for sale and to sell Owner's interest in such property at a sales price comparable to like
units or properties in the area In which the property or dwelling unit(s) are located, In the
event said other property or unit has not been sold by Owner within <:me hundred twenly
(120) days of its listing, then Owner hereby agreea to immediately list this Property or Unit
for sale pursuant to the provisions of Paragraph c,e of this Agreement It Is understood
ancl agreed between the perties hereto that, In the case of an Owner whose bUllln.sl Is
Oeed Res~l~tion for 1000 ea.t Hopkins Avenue
Peg~5
3'ile316
05/0e/96 lBI23A PS ~
OF 1S
JAN.22.2003
,~ ... t
8:29AM ASPEN HOUSING OFC
trJ
,
NO.6?5
P.?
r)
the construction and sale 01 residential properties or the purohase and resale 01 suoh
properties, the properties whioh conslltute Inventory In suoh an Owner's business shall not
constitute "other developed residential property" or "dwelling unlt(s)" as those terms ere
used In this Paragraph C.9.
10. Exoept as provided in Paragraph A above, Own may not, except wIth prior written
approval of the APCHA, and subject to APCHA's conditions of approval, rant the Unit for
any period of time. Prior to oocupanoy, any tanant must be approved by the Homeowner's
Association, if applioable, and the APCHA In accordance with the income, occupancy and
all other qualifications eslablished by the APCHA in its Affordable Housing Guidelines.
The APCHA shall not approve any renlal if such rental Is being made by Owner to utilize
the Unit as an income producing asset, except as provided below, and shall not approve
a Jesse with a rental term in excess of twelve (12) months." A signed copy of the lease
must be o~vided to the APCHA prior to occupancy by any tenant. Any such lease
approved by '0'" Ai"CHA shall be the greater of Owner's cost or the monthly rental amount
speoified In the Affordable Housing Guidelines fer unita whioh were constructed in the year
in which the subject unit was deed restricted at the appropriate Income category. Owner's
cost as used herein incl~des the monthly expenses for the cost of principal and Interest
payments, taxes, property insurance, condominium or homeowners assessments, utilities
remaining in owner's name. PlUS an additlcnal twenty dollars ($20) and a reasonable
(refundable) security deposit.
The requirements of this paragraph shall not preclude the Owner from sharing occupancy
of the Unit with non-owners on a rental basis provided OWner continues to meet the
obligations contained in this Agreement, InclUding Paragraph C,1 O.
GENERAL PROVISIONS
D. IN NO EVENT SHALL THE OWNeR CREATE AN ADDITIONAL DWeLLING UNIT, AS DEFINED
IN THE "ITKIN COUNTY OR CITY OF AspeN LAND use CODES, IN OR ON THE PROPERTY,
E. NOTHING HER51N SHALL BE CONSTRUED TO R5QUIRE THE.APCHA TO PROTECT OR
INDEMNIFY THE OWNeR AGAINST ANY LOSSES ATTRIBUTABLE TO THe RENTAL,
I NCLUDING (NOT BY WAY OF LIMI'1' ATION) NON-PAYMENT OF RENt OR DAMAGE TO THe
PREMISES; NOR TO REQUIRE THE APCHA TO OBTAIN A QUALIFIED TENANT FOR THE
OWN5R IN '1'HE EVENT THAT NONE IS FOUND BY THE OWNER.
BREACH
F. In the event that APCHA has reasonable oause to bellliVe the Ownar Is Violating the provisions
of this Agreement, the APCHA, by it's authorized representative, may inspect the Unit between
the hours of 8:00 a.m. and 5:00 p.m" Monday through Friday, after providing the Owner with no
less than 24 hour;' written notice.
(3, The APCHA, in the event a violation 01 this Agreement is discovered, shall send 8 notice of
violation to the Owner detailing the nature of the violation and allowing the OWner tltlesn (15) days
to oure. Said notice shall state that the Owner maY~'luest a hearingbefo~ APCHA within fifteen
(15) days to determine the merita of the allegations, If no hearing Is requested and the violation
pood Roatrlctlon for 1000 l!ul Hopkins Avenue
Psgs S
392316
05/02/96 10:251'01 PS'5'" OF 1S
"
JAN.22.2003
. ./
8:29AM ASPEN HOUSING ore
4)
NO. 675
P.8
o
is not cured Within the fifteen (15) day period, the Owner shall be considered in violation of this
Agreement. If a hearing Is held before the APCHA, the decision of the APCHA based on the
record of such hearing shall be final for the purpose of determining It a violation has occurred.
REME!DIES
H, There is hereby reserved to the parties hereto any and all remedies provided by law for breach
of this Agreement or any of its terms, In the event the parties resort to litigation with respect to
any or all provisions of this Agreement, the prevailing party shail be entitled to recover damages
and costs, including reasonable attorneys' fees,
I. In the event the Unit is soidandlor conveyed without compliance herewith, such sale andlor
conveyance shall be wholly null and void and shail confer no titie whatsoever upon the purported
buyer. Each and every conveyance of the Unit, for all purposeS, shall be deemed to include and
Incorporate by this reference, the covenants herein contained, even without reference therein to
this Agreement
J. In the event that the Owner fails to cure any breach, the APCHA may resort to any and all
available legal ac,ic,-" ',,',;;;.;ding, but not limited to, specific performance of this Agreement or a
mandatory InjUnction requiring sale of the Unit by Owner as speCified herein. The costs of such
sale shall be taxed against the proceeds of the sale with the balance being paid to the Owner,
K. In the event of a breach of any of the terms or conditione contained herein by the Owner, his
heirs, IUcesSSOrs or "Iigns, the APCHA's in~lal listed purohase prloe of the Unit as set forth in
Paragraph B of this Agreement shell, upon the date of such breach as determined by APCHA,
automaticaily cease to Increase as set out In Paragraph C of this Agreement, and shall remain
fixed until tl1e date of cure of said braach.
FORECLOSURE
L. If FNMA-type financing is used to purChase the Unit, ae determined by the APCHA, the APCHA
and the Soard may, pursuant to that certain Option to Buy executed and recorded of even date
herewith, the terms of which are Incorpol'llted In this Agreement by thll referlllnee as if fully set
forth' herein, agree to release and waIve their ability to enforce the resale deed restrictions
contained herein, In the event of foreclolure, provided that seld Option to Buy grants to the
A?CHA and the Board, as thlll designee of the APCHA, the option to acquire the Property or Unit
within thirty (30) days after the issuance of a public trustee's deed to the holder (Including aulgnl
of the holder) of the promIsSory note secured by a first deed of trust for an option price not to
axeeed the redemption price on the last day of ell statutory l'IIdemption period(s) IInd any
additional reasonable C08ts Incurred by the holder during the option period which are directly
reiated to the fO:"c6:: .,','~'
In the .lI8nt that APCHA or the Board, as the designee of the APCHA. exerolse the option
pursuant to the terms of tha! certain Option to Buy, dl!$erlbed above, the APCHA snd/or Its
designee, may sell the Unit to Qualified Buyers as that term .11 defined herein, or rent the Unit to
qualified tenants who meet the Income, occupancy and all other qualifications, established by the
APCHA In its Affordable Housing Guidelines until sale to a Quallfled Buyer Is effected.
Deed ~..lriction for 1000 EllS! Hopklno Avenue
Page 7
Jge316
05/02/96 1012~A PS 7
OF 18
JAI'j. 22. 2003
. ,
8:29AM ASPEN HOUSING OFe
'f)
NO. 675
P.9
M. Notices. Any notice, consent or approval which is required to be given hereunder shall be given
by mal1ing the same, certltled mail, retum receipt requested, properly addressed and with postage
fUlly prepaid, to any address provided herein or to any subsequent mailing address of ths party
as long as prlor wrlltsn notice of the change of address has been given to the other partillS to this
Agreement
Said notices, consern.. ',,"Q approvals shall be sent to the parties hereto at the following addresses
unless otherwise notified in writing:
To Declarant:
1000 East Hopkins, LLC
clo Jeff Yusem
215 South Monarch, Suite 104
Aspen, Colorado 81611
To APCHA:
ExecutiVe Director
Aspen/Pitkin County Housing AuthoritY
530 East Main, Lower Level
Aspen, COlorado 81611
To Owner:
To be determined by a later recorded memorandum encumberlng
each Individual unit
N, Exhibits. All exhibits attached hereto (Exhibits "A", "6" and "C") are Incorporated herein and by
this reference made a part hereof.
0, Severabilitv. Whenever possible, each provision of this Agreement and any other related
document shall be Interpreted In such a manner as to be valid under applicable iaw; but If any
proVision of any of the foregoing shall be Invalid or prohibited under said applicable law, such
provisions sh;all be Insffective to the extent of such Invalidity or prohlbl~on without Invalidating the
rem'llnlng p~C'h'~..: 9~ such document.
p, Choice of Law. This Agreement and each and every related document Is to be governed and
construed in accordance with the laws of the Stete of Colol'lldo. .
Q. ~400essOl'8. Except as othelWise provided herein, the proviSions and covenants contained herein
ah;all Inure to and be binding upon the heirs, suooeS80ra and assigns of the parties.
R. Section Headlnos. parsgraph or section helldlngs within this Agreement are Inserted solely for
convenience of reference, and are not intended to, and shall net govern, limit or ;aId In the
constructiOn of any tenns or provisions contained herein,
5, ~. No claim of walvlr, consent or acquiescence with respect to any provision of this
Agl1lemem shall be valid 8gslnst any party hereto except on the basla of B written instrument
executed by the parties to this Agreement. However, the party for whose beneflt s condition is
Inserted herein shall have the unilateral right to waive such condition.
T. Gender and Number. Whenever the context so requires herein, the neuter gender ahall Include
any or all genders and vice versa and the use of the singular shall Include the plural and vice
versa.
OM<! flostric:llcn fell000 ",""',,opJ<ins Aven...
PageS
..
392316
0S/0e/~6 101e~A PG 8
Oft" 18
JAN. 22.2003
8:29AM ASPEN HOUSING OFe
11"""\
NO.675
P.10
'-
()
:~',
U. Peraonal Liebililv. Owner agrees that he or she shall be personally liable for any of the
transaotlons contemplated herGlin,
V. Further Actions. The parties to this Agreement agree to execute such further documents and take
such further actions as may be ressonabiy required to cartY out the provisions and intent of this
Agreement or any agreement or document rela~ng hereto or entered into in connection herewith.
W. Modlflcatlon~. The parties to this Agreement agree that any mOdifications of this Agreement shall
be effective only when made by writings signed by both parties and recorded with the Clerk and
Recorder of Pitkin County, Colorado. Notwithstanding the foregoing, the APCHA reserves the right
to amend this Agreement unilaterally where deemed necessary to effectuate the purpose and
intent of this Agreement, and where such unilateral action does not materially Impair the Owner's
rights under this Agreement.
X. Owner and Successors The term "Owner" shall mean the person or persons Who shali acquire
an ownership Interest In the Property or Unit In compliance with the terms and provisions of this
Agreement; It being ~.-,darstood that such person or persons shall be desmed an "Owner"
hereunder only during the period of his, her or their ownership Intersst in the Unit and shall be
Obligated hereunder for the fUli and complete performance and observance of all covenants,
conditions and rsstrictlons contained herein durlng such period.
y, Quallfled Buverrrenant: The term Qualified Buyerrrenant Is a pel'SCin(s) meeting the income and
asset limitation who meet the profile requirements (part of which requirements Include being a
qualified employes, a senior, a disable person, or dependent(s) of any of these such terms lie
defined in the Guidelines) established by the APCHA from time to time and in effect et any time.
IN WITNESS WHEREOF, the parties hereto have executed this Instrument on the day and year
above first wrilten.
DECLARANT:
r/~
STATE OF
COUNTY OF
The foregol
1 sse, by
)
) ss.
)
riient was acknOWledged before ma this 5<H.. day of ~
hl!lnd and official seal.
My commission expires: 10 / r.. IlfcP
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. 3'ile:31i'.....0s/0e/~i~0i23A PG 9
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!>age 9
OF 18
JAN. 22. 2003
;
8:30AM ASPEN HOUSING ore
~,
I,
NO. 675
P.ll
'-
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ACCEPTANCE BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
The fonsgoing OCCUP;"'l\iCY AND RENTAL/RESALE CeeD RES'T'RICTION AND AGREEMENT
FOR 1000 EAST HOPKINS and its terms a eby adopted and declared by the Aspen/Pitkin County
Housing Authority.
By:
STATE OF COLORADO )
) sa.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged bsfons me this fJ\- dllY of /1". t'j I ,
1996, by David Tolen. ~
Witness my hand and official seal.
My commission expires:
't /J-;.-;,l:e
~CLL.
Notary PUblic
-
\malr1C1Ca.liIl\
392316
e5/0!/96 ~e:e5A ~G 10 OF is
Ceed Restriotion for 1000 Iiaat Hopkin. Avenue
P.ge 10
J~.22.2003 8:30AM ASPEN HOUSING ore
. Ii')
NO. 675
~
-
EXHIBIT "A"
Legal Description for
1000 East HopkifUI Avenue
Lots K land S, Blocks 25 and 28,
Lots H, I and A, Blocks 25 and 26,
plus remainder of vacated Cleveland Street
County of P~kln, Slate of Colorado
also known as 982, 972, 982 and 992 East Hopkins Alley
located in Aspen, Colorado
acoordlng to the Condominium Map thereof, recorded
on the _ day of . 1996
in Plat Book _ at Page_,
of the Publio Records of Pitkin County, Colorado
ADDRESS
lle2 Ea.! Hopkins Alley
972 East Hopklns Alley
982 East Hopkins Alley
992 Eaat Hopkins Alley
Each Unit Categorlzed as follows:
ReNTAL CATEGORY SALES CATEGORY
2
2
2
2
4
4
:l
4
(~Ies Categories must end up being 1 Category 3 & 3 Cstegory 4'8)
P.12
- ....,.
R' . ... ." - - . . -
392316
00/Z2/96 10123A PG 11 OF is
QQod RIlclrlcllon lor 1000 East Hopkins Avsnue
Pig. 11
JAN. 22.2003
8:30AM ASPEN HOUSING ore
~
NO.6'?5
P.13
--
,"'""
--
EXHIBIT "B"
Permitted Capital Improvements
1. The term "Permitted Cap~al Improvemenf' as used in the Agreement shall only include the
following:
a. Improvements or fIXtures erected, installed or attached as permanent, functional, non.
decorative improvements to real property, excluding repair, replacsment and/or
maintenance improvements;
b. Improvements for energy end water conservation;
c. Improvements for the benefit of seniors and/or handicapped persons;
d, Improvements for health and safety protection devices:
e. Improvements to add and/or finish permanenVflxed storage space; snd/or ,
f. Improvements to finish unfinished space,
.
2. Permitted Capltai Improvements as used in this Agreement shall NOT Include the following:
a, Landscaping;
b, Upgrades/replacements of appillancas, plumbing snd mechanical fixtures, carpels and
other similar Items includad as part of the ortglnal construction of tha unit;
c. The cost of adding decks and balconies, and any extension thereto;
d, Jacuzzis, saunas, steam showers and otheralmilar Items;
e. Improvements required to repair, replace and maintain existing fixtures, appliances,
plumbing and mechlanlcal fixturas, painting, cerpstlng and other similar Items; and/or
f. Upgrada& or addition of decoratiVe Items. Including lights, window covertngs snd other
similar Itams,
3. All Parmitted Cllpllal Improvement Items and costs shall be approved by the APCHA atlaff prfor
to being added to the Maximum Riaale Price as defined herein.
3923110
05/0e/96 10:eSA PG 12 iOF 18
Ooed Reol11cllon rer 1000 ilail Hopkin. Avonu.
Past 12
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Exhibit "G"
I
,I
ItUIII eHOPkINS' 1.........../.. ' . ... / "./.~ "~,
:~~".I _~'_~~/I/ ..Fi;". /_--~---':-.
:'/'11I' 1000E. HopkinsPUD "I'/~!IJI!7f/. oj' I
/ !f'" I '...LC2urrent Deed Restricted Unit ! . . I / III.
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~roposed Replacement Uni~ I I '. I I I ~.~
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Text Four
Rivers & Ponds
Structures
[2\] Parcels.
D City of Aspen
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Thomas Peckham, 08:08 PM 12/30/2002 -0700, Public Hearing 1/7/03
X-Originating-IP: [64.156.34.17]
From: ''Thomas Peckham" <thomaspeckham@hotmail.com>
To: <jamesl@cl.aspen.co.us>
Cc: "Debi Spencer" <dbspencer@mindspring.com>,
"Tom Chapin" <tomnidac@earthlink.net>
Subject: Public Hearing 117103
Date: Mon, 30 Dec 2002 20:08:57 -0700
X-MlmeOLE: Produced By Microsoft MimeOLE V5.00.2615.200
X-OriginaIArrivaITime: 31 Dec 200203:18:47.0556 (UTC) FILETIME=[55221C40:01C2B07B]
X-ECS-MailScanner: Found to be clean
Date: 12/30/02
To: James Lindt
City of Aspen Community Development Department
From: Thomas C. Peckham, President
Ajax Condominium Association
Re: Public Hearing to be held on Tuesday, January 7, 2003 before the Aspen Planning and Zoning
Conunission
Several Ajax Condominium homeowners have contacted me regarding the Public Notice they received for
the above referenced meeting. Each of them expressed opposition to Robert Blatt's proposed deed restriction
of Unit 2 of the Ajax Condominiums. They have asked me to write and tell you that the Ajax Condominium
building in inappropriate for anyone but a free market owner.
The Ajax building has been and will continue to be excessively expensive to maintain. Since I have lived
here, I have incurred unforeseen special assessments in the many tens of thousands of dollars. Our original
retaining wall, for example, cost in excess of $760,000 to replace. Our new retaining wall, in the words of
our structural engineer, Bob Pattillo, is "failing." It is cracking, bulging and leaking badly. As much as I
would wish otherwise, I see no reason to expect that large and unpredictable assessments will not continue
into the future. These special assessments must be borne by the owners of the nine units in the building.
Even one owner not paying assessments jeopardizes the financial stability of the Ajax Condominium
Association. More than half of the Ajax Condominium units have been foreclosed on over the years. The
most recent was by the Condominium Association itself for a former owner's nonpayment of assessments
described above. Recently we used our reserves and had still anotller special assessment ($10,000) to pay
for remedial action taken to attempt to slow the failure of our retaining wall.
Colorado law requires that a real estate seller must disclose any adverse condition to prospective buyers.
Any prospective buyer of an Ajax Condominium unit should be advised by the seller to not only contact Mr.
Pattillo about the retaining wall, but to also conduct an independent inspection and thorough analysis before
buying.
Every owner I have spoken with and the overwhelming majority of the Ajax Condominiwn ownership feels
Printed for James Lindt <jamesl@ci.aspen.co.us>
1
.
() Q
Thomas Peckham, 08:08 PM 12/30/2002 -0700, Public Hearing 1/7/03
that Ajax condominium units should only be sold on the free market to individuals with the financial
resources to take on the risks inherent in ownership. These owners also fear that their own investments at
the Ajax maybe threatened should a new owner take possession who does not have the necessary financial
resources for ownership.
It would be wrong for a government agency to restrict ownership to only those individuals without such
financial resources.
As none of our officers or directors will be able to attend the above referenced meeting, our Board of
Directors met today and unanimously appointed David Spencer to represent the Ajax Condominium
Association at the meeting. He will be available to express our concerns and to answer questions that
members of the Planning and Zoning Commission may have.
Sincerely,
Thomas C. Peckham, President
Ajax Condominium Association
Printed for James Lindt <jamesl@ci.aspen.co.us>
2
~
n.
Aspen Plarming and Zoning
Jasmine Tygre, Chair
Response to request, from Robert Blatt, on off-site replacement of 1000 E. Hopkins.
My Name is Joe Wise, owner of unit #5 Ajax Condominiums.
Ajax was built in the 1960's, It's a 9 unit complex. There has been very little changes to
the complex in recent years, I've just completed a major remodel on my unit that has
increased my tax base, as well as improved the utilities services to the entire building.
The retaining wall that supports Aspen Mountain Rd. is a concern to all the current
owners of the Ajax; we have an engineer monitoring its stability. My concern is it may
require a substantial special assessment in the future.
The Ajax Condo Assoc. has very little current operational reserves that would cover any
unexpected expenses, therefore requiring a special assessment. I bring this up due to the
fact that a person in a free market unit may have the financial resources to cover such
expenses. I could see a problem, if a deed restricted unit goes to a lien and foreclosure,
due to wlpaid assessments. This would cause a burden on both the deed restricted unit
owner, the Ajax and the Aspen Community Development Dept.
There is currently (I) open market rental unit, a 2 bedroom with 4 tenants, IF the unit in
Question takes on the normal usage, The Ajax would have 8 people in 2 small units. Tins
would not be appropl1ate or fair to the free market units, it would be a strain on the total
infrastructure and in my opinion cause values to decrease and a hardship on all parties.
While I support the Aspen's employee housing initiatives, I feel the Ajax is not the best
use as a replacement deed restricted unit. I agree with your staff recommendation to deny
this request.
Please feel free to contact me for any reason on this issue. Thanks you in advance for
your consideration in this matter
Joe Wise (919) 815-0213
."
~
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r'.
Thomas Chapin, 12:34 PM 01/02/2003 -0600, Deed Restrict Unit 2, Ajax Condominium
User-Agent: Microsoft-Outlook-Express-Macintosh-Edition/5.02.2022
Date: Thu, 02 Jan 200312:34:55 -0600
Subject: Deed Restrict Unit 2, Ajax Condominium
From: Thomas Chapin <tomnidac@earthlink.net>
To: James Lindt <jamesl@cLaspen.co.us>
CC: <thomaspeckham@hotmail.com>
X-ECS-MailScanner: Found to be clean
To: James Lindt
City of Aspen Community Development Department
From: Tom Chapin
Board member, Ajax Condominium Association
Owner of Unit 1
01/02/03
This is to express my opposition to the application by Robert Blatt to allow
employee housing in Unit 2 of the Ajax Condominium at 107 Aspen Mountain
Road. This is inappropriate for this condominium for these reasons:
No 1. There Is no yard space for family activities.
No 2. There are only 9 units at this complex. Each owner has a great
investment which demands future expenses requiring special assessments to
maintain value. This may not be compatable with a lower income family.
No 3. If this application is approved for unit 2, it may lead to employee
housing in other units and even greater overall burden to the complex.
No 4. Mixing employee housing with free market housing with only 9 units
total at the Ajax would lead to conflicts. Unit 2 has 10.35 % of our total
voting rights. A lower income family would not likely have the same Interest
as the other owners in future improvements.
Printed for James Lindt <jamesl@ci.aspen.co:us>
1
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')1
dbspencer@mindspring.com, 08:55 PM 01/02/2003 -0500, 01/01/03 Public HEARING
,"
From: dbspencer@mindspring.com
Date: Thu, 02 Jan 2003 20:55:46 -0500
To: jamesl@ci.aspen.co.us
Reply-To: dbspencer@mlndspring.com
Subject: 01/01/03 Public HEARING
Sender: dbspencer@mindsprlng.com
X-Originating-IP: 12.252.242.247
X-ECS-MailScanner: Found to be clean
To: James Lindt, City of Aspen Community Development Department
From: David B. Spencer, Ajax Condominiums, Unit #3
Re: Public Hearing to be held on tuesday, January 7, 2003 before the Aspen
Planning and Zoning Commission
Date: January 2, 2003
Dear Mr. Lindt:
On behalf of Ajax Condominiums, Unit #3, this is to express our strong
opposition to the proposed deed restriction of Unit #2, which Is our adjacent
neighbor.
We are the senior owners at the Ajax, as our ownership goes back to 1983. Our
unit has been a second home and sometimes on the rental market but since
October 2001 we are off the rental market as our daughter lives here
permanently and we visit more than ever. Our understanding that only one of
the nine units at the Ajax is now in the long term rental market and all
others are primary residences or secondary family residences.
During our term of ownership we have seen staggering expenses and staggering
special assessments. There is the prospect of staggering future special
assessments as well. The dues and general assessments are substantial and when
even one owner does not pay on time it greatly jeopardizes our operations.
Also, like all of the others owners we are sure, we have major investment in
our unit, including major sweat equity, and want to protect and enhance that
investment.
Every other owner to whom we have spoken is also strongly opposed to the
proposal. It is not in the best interest of our property or association.
Thanking you for your consideration,
David B. Spencer
Printed for James Lindt <jamesl@ci.aspen.co.us>
1
.,
(\
n
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADORE" 0' ";~ERTY' . I ()()(;J t'. ~ ~ I::;, v. ""~, CO
SCHEDuLED PVBLIC HEARING DATE: . U'. "? . 200
STATE OF COLORADO )
) SS.
County of Pitkin )
I, ~ yt.{ <?JS L-11 VtJ I- (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
4Publication 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 fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
_ Posting of notice: By posting of notice, which fonn was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (IS) days
prior to the public hearing and was continuously visible from the _ day of
,200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
_ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal govemment,
school, service district or other governmental or quasi-governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
~
.1',
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
suffici(':pt legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
The foregoing "Affidavit of Notice" was acknowledged be~ore ~3 day
of ~.<-y-- , 200~ by . 'l~ 0"7 hl
WITNESS MY HAND AND OFFICIAL SEAL
,-""-",,,~=,;~~ii:q~;;".~:;0>V,;i;~";::;';0(,i
PUBLIC_N01'fCE' "",', '
RE:-IO~E, H()PKINS~UB01Vf5TONfPUD I~:g;
~oFEF;E~!KOD.A.r.oBEy.LN..E.ED..F..O.HE~I.~.T..I.G.N..D....~gM~~GT;i~~A~~i~i.
. .>'" . ,( ADU DESIGN STAND-
elM. REVIEW TO VAR, T ' - ",' ,-,
~~~CE'IS H~~~~~;fr that a public ~ea:~n~
wlUbe held on Tuesd . Jan~~:;;o;~ ~~~ Aspen
~~~~~~g t~n~eg~~n~~g4 ~~r:SSlon, Sister Clti~S
R m 130 5 Galena Street to consider an app 1-
~ ubmltted by Robert Blatt, requestmg ap-
ca Ion S bdlvlSlonl pUD amendment, an
proval of a Su d GMQS Exemption
amendment to the approve iew
lor the 1000 E Hopkms pOD and speclaldrevTl'ie
"~ '" "th ADU design standar s
approval to vary e th deed restrlc-
applicant IS see~~~g ~~~~en~oPk~ns Condomlnl-
tlon ~n Un~ ~ego~y Employee Housmg Umt to
:~c~~~ory Dwellmg U:~ r;~t~~~~i~l~ 2~ho~ ~~
phcant Is proposing to d C,,,go'Y Employee
Al CondommlUms as a
H:smg Unit to serve ~ olf-Sl:~~e~:a~~:n~~~~:r:
~:~;:e~I~~~:11,gor~~~a~IO~o\;k\lns co~dom:~tudm:s tGRAPH OF THE POSTED NOTICE (SIGN)
The propertles"involved are legally escr e a
UnIt 4 01 the 1000 E~OPkms Condominiums an
~~;t~ur~~~~ei~i~;~t ~,m~~~~~~ James LI9dt'Dat ~ AND GOVERNMENTAL AGENCIES NOTICED
ty Oevelopmen e-
the CltYI0113Ao,spe~a ~S~n~pen, CO (970) 920- BY MAIL
partmen
S09S..,.jame.s1.@Ci.,a'sPen.co.us.'..TyChalr
....... ....<..........:~-.-".s/Jasmlne S1:e,.,
':, _:":^. '. ASp~nPtanniii'g~a'nd zoni,n_g~9mmlsslt
'publisned.II\ T~e.ASpen Times.on oecemb~~...l,
2002.(9856) -,
ATTACHMENTS:
COpy OF THE PUBLICATION
11)
f1
,
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: I DO 6 ~~ ~
SCHEDULED PUBLIC HEARING DATE: ~V\ Il ~ If' Ll 7
I
. Aspen, co
,200,3-
STATE OF COLORADO )
) SS.
County of Pitkin )
,
I, _r;,c:.. rtc./S ;(. K r.I'ZfV\.dllltl ch (name. please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certifY that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
/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 fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
/posting of notice: By posting of notice, which form was obtained from the
(:ommunity Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the ot/3f'day of
D>JPAi}~%'" , 200&.., to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
t/" Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those qn the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
n
(")
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (I5) days
prior to the public hearing on such amendments.
~L~
Signatur~ .I,
cd-
The f~going "Affidavit of Notice" was ac;Isn.owl~ged before m~ this L d~y iJ
of c-l;t'/f1_LU//~ ' 200Q" by ~/VJ-t.l4) y. 1::J>~#I14"Y1-'~/!i.
WITNESS MY HAND AND OFFICIAL SEAL
My commis~n expires:
,?/
ATTACHMENTS:
COpy OF THE PUBLICATION
PHOTOGRAPH OF THE POSIED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
10
()
PUBLIC NOTICE
RE: 1000 E. HOPKINS SUBDlVISIONIPUD AMENDMENT, AMENDMENT TO GMQS
EXEMPTION FOR AFFORDABLE HOUSING, OFF-SITE REPLACEMENT OF
EMPLOYEE, HOUSING MITIGATION, AND SPECIAL REVIEw' TO VARY TIlE ADU
DESIGN STANDARDS
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, January 7, 2003, at a
meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room,
130 S. Galena,Street, to consider an application subnilited by Robert Blatt, requesting approval of a
SubdivisionIBUD amendment, an amendment to the approved GMQS Exemption for the 1000 E.
Hopkins PUD, and special review approval to vary the ADU design standards. The applicant is
seeking to amend the deed restriction on Unit 4 of the 1000 E. Hopkins Condominiums from a
Category Em~ee Housing Unit to an Accessory Dwe11lng Unit. 'Inaddition, the applicant is
proposing to peed restrict Unit 2, of the Ajax Condominiums as a Category Employee Housing Unit to
serve as off-site replacement employee housing mitigation in-lieu of the conversion of Unit 4, of the E.
Hopkins Condominiums. The properties involved are legally described as Unit 4, of the 1000 E.
Hopkins ConQpminiums and Unit 2, of the Ajax Condominiums. For further information, contact
James Lindt ~t the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO
(970) 920-5095, iamesl@ci.aspen.co.us.
S/Jasmine TVl!1"e.. Chair
Aspen Plann,ing and Zoning Commission
Published in the Aspen Times on December 21,2002
City of Aspen Account
/O~ ~f I/zpk;ns/W.jtAcefif C1:rs L'sf.
898 E HOPKINS LLC
1800 MOLER RD
COLUMBUS,OH 43207
ALPERN THOMAS E
1023 E HOPKINS AVE
ASPEN. CO 81611
ARNOLD ELIZABETH
PO 80X 1656
ASPEN, CO 81612
AUVIL PAUL R JR TRUSTEE 50%
AUVIL CAROLE A TRUSTEE 50%
1024 EAST HOPKINS -#14
ASPEN, CO 81611
BARNES JONATHAN A
265 RIVERSIDE DR
BASALT, CO 81621
BARTLETT JEANNE L TRUST 1/2
330 E CIRCLE DR
N MUSKEGON, MI 49445
BELLIS ARTHUR P
1008 E HOPKINS AVE
ASPEN, CO 81611
BENENTI THOMAS
17 SUMMIT AVE
KENNEBUNKPORT, ME 04046
BIRD ISLAND COMPANY LLC
PO BOX 9316
51 LANDS END DR
GREENSBORO, NC 27429
.
BLAINE BARBARA J
417 WINCHESTER
GLENDALE, CA 91201
BOYD RICHARD P
PO BOX 10984
ASPEN. CO 81612
BRIDGMAN LYNNE C
515 CENTRAL AVE
WILMETTE, IL 60091
BRYANT TONI TRUSTEE
1233 E MOUNTAIN DR
MONTECITO, CA 93108
CAMPBELL JOHN E
900 E HOPKINS AVE APT 8
ASPEN, CO 81611-2077
CITY OF ASPEN
130 S GALENA ST
ASPEN. CO 81611
CLURMAN DONALDS TRUST
455 LINDEN 5T
LAGUNA BE;ACH, CA 92651
COLORADO MTNNEWS MEDIA
500 DOUBLE EAGLE CT
WASHOE, NV 89511
CORRECTIONAL HEALTH SERVICES INC
OHIO CORPORATION
PO BOX 51
AKRON, OH 44309
CORRECTIONAL HEALTH SERVICES INC
SATRAPA CAROL
PO BOX 1501
AKRON, OH 44309
CUNNINGHAM P
PO BOX 11717
ASPEN, CO 81612
DART ELIZABETH
747 GALENA ST
ASPEN, CO 81611
DE CRAY MARCELLA TRUSTEE
30 COMMONWEALTH AVE
SAN FRANCISCO. CA 94118
DIAMOND PHILIP E
2 TOPSIDE WAY
MILL VALLEY, CA 94941
EISEN JUDITH A
PO BOX 10042
ASPEN. CO 81612
ELLEN wrN L TO
C/O JULIA WEINSTEIN
515 E 79TH ST#10-A
NEW YORK, NY 10021
ENGELBERG ALFRED B & GAIL MAY
1050 N LAKE WAY
PALM BEACH, FL 33480-3252
FELLMAN THOMAS H
809 N 96TH ST
OMAHA, NE 68114-2523
FRANK FREDERIC OPRT
12 TRILBY BRANCH
LONGWOOD, FL 32779
GAECHTER ANN E & WILLIAM R
PO BOX 285
WOODY CREEK, CO 81656
GLUCK STACY E
PO BOX 865
ASPEN, CO 81612
Smoo.th
Sheets ™
GOLDSTEIN GARY L TRUSTEE 73%
1020 E HOPKINS AVE #7
ASPEN. CO 81611
GUPTAARJUN
1770 GREEN ST #402
SAN FRANCISCO. CA 94123
HOOD CHARLES W
PO BOX 8026
ASPEN, CO 81612-8026
HOYE BETTY J
884 GRANT PLACE
BOULDER, CO 80302
ISAAC THOMAS D REV TRST
975 KING ST
ASPEN, CO 81611
JOHNSON SALLY ANNE C
PO BOX 480
ASPEN, CO 81612
KELLEHER DOROTHY A
PO BOX 1
ASPEN, CO 81612
KENNY PHYLLIS A
#16 HIGHLANDS VILLAS
ASPEN, CO 81611
LOESCHEN LEE A & LINDA A
0602 W SOPRIS CREEK RD
BASALT, CO 81621
MARX LAWRENCE
PO BOX 7915
ASPEN. CO 81612
r-J
GORTON JOEL WI MAGEE
972 E HOPKIN$
ASPEN, CO 81611
HICKS LESLIE
PO BOX 8225
ASPEN, CO 81612
HOPKINS LLC
10-000 SHELBYVILLE RD ST 10
LOUISVILLE, KY 40223
HYMAN STREET LLC
3201 S TAMARAC DR STE 200
DENVER, CO 80213
ISRAEL KENNETH E & RHODA
WILDSTEIN
263 OCEAN BLVD
GOLDEN BEACH, FL 33160
JOHNSON SALLYANNE C
PO BOX 5050
ASPEN, CO 81612
KENDRICK ALEXANDRA
980 E HYMAN AVE #4
ASPEN, CO 81611
L & E PROPERTIES L TO
145 S GRAPE ST
DENVER, CO 80222
LOO MONA B TRUST
31841 SEAFIELD DR
MALlBU, CA 90265
MCCABE THOMAS J
1017 E HOPKINS AVE
ASPEN, CO 81611
Use t.emplate 5160QD
.~
GROSSBLATT A & S TRUST
1018 E HYMAN AVE
ASPEN, CO 81611
HICKS LUANN H
6402 MIMOSA
DALLAS, TX 75230
HOSE FLORENCE E
1024 E HOPKINS AVE #11
ASPEN, CO 81611
,
ICHIMARU SETSUO DR & TOMOKO
4-3-15 SUMIYOSHI
NISHI-TOKYO
TOKYO 202 0005JAPAN,
J & F INVESTMENT CO LP
NEW JERSEY LTD PARTNERSHIP
25 BERKELEY TERRACE
LIVINGSTON, NJ 07039
KAPPELI ERNST
PO BOX 1962
ASPEN, CO 81612
KENNEDY WIlliAM W TRST
1051 E MAIN ST #110
EAST DUNDEE, IL 60118
LEVINE JONATHAN & POLLY
960 E HOPKINS AVE
ASPEN. CO 81611
LOVING GRAHAM III
1024 HOPKINS AVE #13
ASPEN, CO 81611
MCCAFFERTY PEGGY
900 E HOPKI NS 1#3
ASPEN, CO 81611
~rnootn f'eea ::iheets 1 rlt
MCCORMICK JOHN
302 E HOPKINS
ASPEN. CO 81611
MINES THOMAS F JR
1019 E HOPKINS AVE
ASPEN, CO 81611
MURRAY JOYCE K
PO BOX 352
ASPEN, CO 81612
NUDELL KAREN J 1999 REV TRUST
29929 EASTVALE CT
AGOURA HILl~. CIlI 91301-4422
P S W D INVESTMENT CO L TO
C/O L1NNECKE CARL
215 S MONARCH ST #101
ASPEN, CO 81611
PETERSEN BERTRAM C & LORNA M
915 E HOPKINS #8
ASPEN, CO 81611
RESORT & INVESTMENT REAL ESTATE
COMPANY
39577 N WOODWARD STE 300
BLOOMFIELD HILLS, MI 48304
RIVER HOUSE LLC COLO LLC
C/O US CABLE CORP
28 W GRAND AVE
MONTVALE, NJ 07645
ROTH JOSEPH R & ELlANNE V
PO BOX 6451
SURFS IDE, FL 33154
SCHRINER EiONNiE M
2635 17TH sir
DENVER. CO 80211
o
MCGRATH GEORGE JOHN
PO BOX 301
ASPEN. CO 81612
MOLITOR RONALD A & JOAN A
8696 SWAN
KALAMAZOO, MI 49009
NEARY DENNIS R & NANCY CENTLlVRE
8282 BOWLINE CT
INDIANAPOLIS, IN 46236
OLSEN DAREL YN ANDERSON
C/O SYNECTICS SFS INC
1775 SHERMAN ST STE 1350
DENVER, CO 80203
PARRY SUSAN LYNN
977 QUEEN ST
ASPEN, CO 81611
PIERCE ANITA M
PO BOX 3202
ASPEN, CO 81612
REST A1NO THOMAS
72 ALDER AVE
SAN ANSELMO, CA 94960
ROARING FORK PROFESSIONAL
CENTER LLC
POBOX 1155
BASALT, CO 81621
SAGHATOLESLAMI SIROUS & RUTH
PO BOX 8080
ASPEN, CO 81612
SCHROEDER PATRICIA A
36261 SPRUCE TRAIL
PINE RIVER, MN 56474
f1
template for 5160(f)
MEGA VIVIAN
1982 BLUE MTN RD
LONGMONT. CO 80504.6211
MOUNTAIN HOUSE PARTNERSHIP
C/O WERNING JOHN ROBERT
905 E HOPKINS AVE
ASPEN, CO 81611
NEELY R DOUGLAS
982 E HOPKINS
ASPEN, CO 81611
,
P L & A INC
A NEBRASKA CORP
9727 SPRING ST
OMAHA, NE 68124
PAUL CAROLYN A
TRUSTEE OF TRUST A PAUL TRUST
2415 MORENA BLVD
SAN DIEGO, CA 92110
RAINES DOUGLAS M
1006 E HYMAN AVE
ASPEN, CO 81611
RINGWAL T JEAN CARR
1018 E HOPKINS AVE #B
ASPEN, CO 81611
ROBINSON ROBERT
962 E HOPKINS
ASPEN, CO 81611
SALTZMAN SUSAN
915 E HOPKINS #3
ASPEN, CO 81611
SCOTT SANDRA B TRUST
C/O LESLIE A SCOTT
7215 MASONVILLE DR
ANNANDALE, VA 22003
SEAMONS JOHN K
PO BOX 3319
BASALT, CO 81621
SHAW BARBARA ANNE
11138 AQUA VISTA ST#22
NORTH HOLLYWOOD. CA 91602-3119
SMITH E GARLAND JR
900 E HOPKINS AVE #10
ASPEN, CO 81611
STEELE JULIANNE B
41 AVE DE LA GRANDE ARMEE
75116 PARIS FRANCE
SUITS MARTHA JANE
915 E HOPKINS AVE
ASPEN. CO 81611
VANMOORSEL GERARDUS H & MELINDA
E
1021 E HOPKINS
ASPEN, CO 81611
VEST STEVEN WALLACE
PO BOX 4488
ASPEN. CO 81612
WESTER KEITH
900 E HOPKINS AVE #9
ASPEN, CO 81611
WIGHT RUSSELL B & MELISSA
278 S MAYA PALM DR
BOCA RATON, FL 33432
o
SEID MEL
1104 DALE AVE
ASPEN, CO 81611
SHOAF JEFFREY S
PO BOX 3123
ASPEN, CO 81612
SOLHEIM LAUREN
1024 E HOPKINS #17
ASPEN,CO 81611
STEINMAN DAN P
311 W BELDEN #1A
CHICAGO, IL 60614
TRETTIN HENRY & LANA
C/O TR&P
3350 OCEAN PARK BLVD
SANTA MONICA, CA 90405
VARADY LOTHAR M & CHERYL G
5036 MAUNALANI CIR
HONOLULU, HI 96816
VICENZI GEORGE A TRUST
PO BOX 2238
ASPEN, CO 81612
WICHMAN CHARLES R & JEANNE R
PO BOX 656
HONOLULU, HI 96809
WILLIAMS SANDRA REVOCABLE TRUST
718 HEATHERYLN
NAPLES, FL 33963
f1
Use ternJJlate 516G~9
,
SHAFFRAN STANLEY R & KANDI LYN
0164 LUPINE DR
ASPEN, CO 81611
SIEGESMUND OLIVE
PO BOX 9680
ASPEN, CO 81612
SPALDING ANNA EVE
PO BOX 636
ASPEN, CO 81612
STERN JEAN
1020 E HOPKINS AVE
SUITE 2
ASPEN. CO 81611
TROUSDALE MARGARET OB
7 ALEXANDER LN
LITTLETON, CO 80121
VERONlKA INC
210 AABC STE G
ASPEN, CO 81611-3537
WEISBARD SAMUEl & RUTH
100 EBELLEVUE PLAPT31 B
CHICAGO,IL 60611
WIEN MARILYN
PO BOX 282
SNOWMASS, CO 81654
WYL Y CHERYL R MARITAL TRUST
300 CRESCENT CT #1 ado
DALLAS, TX 75201
CHAPIN ANZLE FAMILY TRUST
1887 STILLWATER ST
WHITE BEAR LAKE, MN 55110
KELLER KURT E
PO BOX 840
ASPEN. CO 81612
WISE JOSEPH
1320 HODGES ST
RALEIGH, fiC 27604-1414
AJF'k C{:wldoV'/tIn iuI'V),
EBRAHIMI SHAINE
PO BOX 8590
ASPEN, CO 81612
PECKHAM THOMAS C
PO BOX 9766
ASPEN, CO 81612
r:ner:5
FRYE MARTIN C
240 ZENITH AVE
LAFAYETTE, CO 80026
SPENCER MARGARET R
C/O DAVID B SPENCER
1217 ROYAL ST
NEW ORLEANS, LA 70116-2515
~
tr"'\
! :'
MEMORANDUM
~. J'I.j:.E. N
,
I )l+t1
vd<e I y~-, ~ 4
TO:
Aspen Planning and Zoning Commission
THRU: Joyce Ohlson, Community Development Deputy Director
FROM: James Lindt, Planner -_n_-
RE: 1000 E. Hopkins PUD Amendment, Subdivision Amendment, Amendment to
a GMQS Exemption for Affordable Housing, and Special Review to Vary the
ADU Design Standards - Public Hearing
DATE: January 7, 2003
ApPLICANT:
Robert Blatt
REPRESENTATIVE:
Francis Krizmanich
LOCATION:
Unit 4, 1000 E. Hopkins
Condominiums
ZONING:
R/MF Residential! Multi-Family
CURRENT LAND USE:
Deed Restricted Category 4 Rental
Unit
PROPOSED LAND USE: Accessory
Dwelling Unit
SUMMARY:
The applicant requests to have the
deed restriction removed from his
category affordable housing unit at
1000 E. Hopkins and transferred to
a unit that he has under contract in
the Ajax Condominiums. The E.
Hopkins unit from which he is
proposing to remove the category
deed restriction is subsequently
proposed to be deed restricted as an
Accessory Dwelling Unit (ADU).
Photo Above: Unit 4 of the 1000 E. Hopkins
Condominiums. The applicant is requesting to amend
the deed restriction on this unit to convert it from a
Category Affordable Housing "Rental" Unit to an
Accessory Dwelling Unit.
Photo Above: Unit 2 of the Ajax Condominiums. The
applicant is proposing to deed restrict this unit as a
Category 4, Affordable Housing Sale Unit as a
replacement for removing the "Category Deed
Restriction" from his unit at 1000 E. Hopkins.
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REVIEW PROCEDURE
Combined Review of Application: The Community Development Director, in consultation
with the applicant, has determined that a combined review of the various land use actions
being requested would reduce duplication and ensure economy oftime, expense and clarity in
reviewing the application. Therefore, City Council shall approve, approve with conditions,
or deny all of the land use requests associated with this application after considering a
recommendation of the Planning and Zoning Commission, the Housing Board, and the
Community Development Director. The land use actions that are required and that are being
requested are as follows:
. Amendment to an Approved PUD
. Amendment to an Approved Subdivision
. Amendment to a GMQS Exemption for Affordable Housing to allow for off-
site replacement of affordable housing
. Special Review to Vary the ADU Design Standards
BACKGROUND:
Robert Blatt ("Applicant"), represented by Francis Krizmanich, is requesting approval of an
application to amend the deed restriction that exists on Unit 4 of tiJ.e 1000 East Hopkins
Condominiums. The applicant requests to remove the Category 2 rental deed restriction on
the above-mentioned unit and deed restrict it as a voluntary Accessory Dwelling Unit (ADU).
In addition, the applicant requests to deed restrict Unit 2 of the Ajax Condominiums as a
replacement for removing the Category 2 deed restriction from the unit at 1000 E. Hopkins.
Unit 4 of the 1000 East Hopkins Condominiums was one of four (4) deed restricted category
affordable housing units that was provided as mitigation to obtain a GMQS exemption for
affordable housing to construct four (4) free market multi-family units at 1000 E. Hopkins.
The affordable housing units were required to be built through the multi-family replacement
program because the multi-family building (consisting of eight (8) units) that existed on the
site previously housed local working residents (please see Exhibit "B" for ordinance
approving the development at 1000 E. Hopkins).
In order for the applicant to amend the deed restriction as he has requested, the applicant
requires four (4) separate land use actions. The applicant requires a Subdivision and a PUD
amendment to amend the site specific development plan that currently calls for there to be
four (4) category affordable housing units within the SubdivisionlPUD as was built.
Furthermore, the applicant requires approval of an amendment to the existing GMQS
exemption for affordable housing to allow for Unit 4 of the 1000 E. Hopkins Condominiums
to be replaced off-site as a unit of affordable housing mitigation for the free market units that
were built in 1995. Finally, the applicant requires approval to vary the ADU design
standards to allow for the unit at 1000 E. Hopkins to be deed restricted as an ADU because it
is not detached from the other units on the site and it is not located entirely above grade as is
required by the ADU design standards.
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STAFF COMMENTS:
Subdivision and PUD Amendment
Staff believes that the proposed subdivision and PUD amendment will not substantially affect
the character or operating characteristics of the PUD at 1000 East Hopkins. The unit that the
applicant is proposing to remove the category deed restriction from is proposed to remain as
affordable housing by means of deed restricting it as an ADU. Therefore, any inhabitants of
the unit would still have to be working residents as is defined in the Aspen/Pitkin County
Affordable Housing Guidelines. The'primary change in the rental operations of the unit will
be that the owner will be able to choose the working resident that rents the unit, whereas,
currently the rental of the unit is handled through the Housing Authority. Staff believes that
the proposed subdivision and PUD amendment meets the applicable review criteria to amend
the approved 1000 E. Hopkins PUD/Subdivision.
Amendment to GMQS Exemption for Affordable Housing
The applicant has proposed to deed restrict Unit 2 of the Ajax Condominiums as a Category
4, "Sale" Unit to replace the category deed restriction that is to be removed from Unit 4 of
the 1000 East Hopkins Condominiums. The applicant must replace the category deed
restriction because the Hopkins Unit was used as mitigation through the multi-family
replacement program for a GMQS exemption for affordable housing. A replacement unit
must be located on-site unless City Council finds that the on-site replacement would 1 )be
incompatible with adopted neighborhood plans or 2)would be an inappropriate planning
solution due to the site's physical constraints pursuant to Land Use Code Section 26.530.050,
Location of replacement housing. Staff does not believe that the proposed amendment to
the GMQS exemption to allow for the off-site unit to replace the existing on-site
category affordable housing unit as mitigation is in response to site specific coustraints
as the review standards require. Furthermore, staff does not believe that maintaining
the category unit at 1000 E. Hopkins for purposes of employee housing mitigation is
incompatible with the neighborhood because it has existed as such for approximately a
decade without incident. Therefore, the Planning Staff cannot support the proposal.
Conversely, staff does believe that the proposal furthers several of the Aspen Area
Community Plan's (AACP) housing goals. The proposal would increase the number of
affordable housing units within the community which is consistent with the AACP goal that
calls for 800 to 1,300 additional affordable housing units to be developed within the Aspen
Community Growth Boundary. Moreover, staff feels that the proposal is also consistent with
the AACP goal of encouraging the private sector to develop affordable housing.
The Planning and Housing Authority Staffs also feel that Unit 2 of the Ajax Condominiums
in which the applicant is proposing to deed restrict as a Category 4 "Sale" Unit, is more
livable than the E. Hopkins lmit. Both units contain two bedrooms, are at least 50% above
grade, and the Ajax Condominium unit is approximately fifty (50) square feet larger than the
E. Hopkins unit. Furthermore, staff believes that the proposal to replace a category "rental"
unit with a category "sale" unit would make the administration of the category affordable
housing unit easier for the Housing Authority in light of the recent Telluride Supreme Court
Case Decision regarding rent controls.
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Suecial Review to Varv ADUDeshm Standlll'd~
The applicant requires special review approval to vary the Abu design standards to deed
restrict the East Hopkins Unit as an ADU because it is not detached from the other multi-
family units on the property and it is not located entirely above grade as is required by the
ADU design standards. Staff believes that the unit meets the livability requirements of the
Housing Authority and is designed in a manner that promotes it's function as a separate and
private dwelling unit. In addition, deed restricting the unit as an ADU is consistent with it's
current use as a rental affordable housing unit.
Staff believes that the ADU design standards that require an ADU to be detached from the
main residence and above grade are mainly intended for units that are proposed to be
accessory to a single-family or duplex dwelling unit. This standard was put into the land use
code to encourage ADU's to be rented as a separate dwelling unit rather than being used as a
below-grade recreation or storage room for the main residence as has frequently been the case
in the past. In this situation, the lmit to be deed restricted as an ADU is a multi-family
apartment unit that met the livability requirements for a category affordable housing unit. In
addition, the unit was designed as part of a planned unit development to operate as an
attached apartment unit and to be compatible with the surrounding neighborhood in regards
to it's operating characteristics. Staff believes that the Special Review Standards to vary the
ADU design standards are met by this proposal.
Ajax Condominiums Retainine; Wall Concerns:
Staff has been contacted by several Ajax Condominium Unit Owners who have alerted staff
of possible structural problems with a retaining wall that is constructed on the common land
of the Ajax Condominiums. The owners who have contacted staff feel that there is a
possibility that the retaining wall will fail in the near future (or that major repairs will be
required) and that the condominium owners might be subjected to pay a sizeable special
assessment. Staff has verified that there has been recent work d()ne on the retaining wall in
an effort to improve it's stability. However, staff is still concerned that any qualified
employee that may purchase Unit 2, of the Ajax Condominiums could possibly be subject to
a sizeable unexpected cost. Therefore, staff feels that it is necessary to propose a condition of
approval in the attached resolution that requires that the Applicant obtain a letter from a
licensed, professional engineer stating that he/she feels that the subject retaining wall will not
need to be replaced or that under normal use, further significant repairs to the retaining wall
should not be needed within the next five (5) years. Staff has proposed that this condition be
satisfied prior to amending the deed restriction on Unit 4, of the 1000 E. Hopkins PUD.
RECOMMENDATION:
Staff believes that the proposal would benefit the community by providing an
additional employee housing unit to the affordable housing inventory within the
community. In addition, stafffeels that the unit in the Ajax Condominiums that is to be
deed restricted as a category unit is a generally more livable unit than the unit at 1000
E. Hopkins that is currently designated as a category unit. However, staff cannot
support the proposed amendment to the GMQS Exemption for affordable housing at
1000 E. Hopkins because we do not feel that locating the affordable housing mitigation
off-site is 1) incompatible with an approved neighborhood piau or 2) is in response to
site specific constraints as the off-site replacement review criteria require. Staff
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recommends that the Planning and Zoning Commission forward a recommendation of
denial to City Council on the proposed amendment to the existing GMQS exemption at
1000 E. Hopkins finding that the review standards for off-site replacement have not
been met by the proposal.
RECOMMENDED MOTIONS (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE):
"I move to approve Resolution No.O~, recommending that City Council approve with
conditions, a subdivision and PUD amendment, an amendment to the GMQS exemption for
affordable housing at 1000 K Hopkins, and a special review to vary the ADU design
standards to allow for the Category Affordable Housing Unit that is legally described as Unit
4, of the 1000 K Hopkins PUD; to be deed restricted as an ADU and to allow for the free
market unit legally described as Unit 2, of the Ajax Condominiums to be deed restricted as a
Category 4 Sale Unit to replace Unit 4, of the 1000 K Hopkins PUD as affordable housing
mitigation."
Attachments:
Exhibit A -- Review Criteria and StqffFindings
Exhibit B Application
Exhibit C -- Aspen/Pitkin Housing Board Comments
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EXHIBIT A
PUD AMENDMENT
REVIEW CRITERIA & STAFF FINDINGS
In reviewing an amendment to an approved PUD, the Planning and Zoning Commission and
City Council shall consider:
A. General requirements.
1. The proposed development shall be consistent with the Aspen Area
Community Plan.
2. The proposed development shall be consistent with the character of
existing land uses in the surrounding area.
3. The proposed development shall not adversely affect the future
development ofthe surrounding area.
4. The proposed development has either been granted GMQS allotments, is
exempt from GMQS, or GMQS allotments are available to accommodate the
proposed development and will be considered prior to, or in combination
with, final PUD development plan review.
Staff Finding
Staff believes that the proposal is consistent with the Aspen Area CommlU1ity Plan in that it
would add to the nmber of affordable housing units that exist within the City of Aspen.
Furthermore, the addition to the affordable housing inventory would be provided by a private
owner rather than the housing authority as is consistent with the AACP housing goal that calls
for the public and private sectors to work together to ensure success in providing affordable
housing.
In addition, staff feels that converting the existing category affordable housing unit to an ADU
will not change the character or operating characteristics of the existing lU1it. The unit will
remain a "rental" affordable housing lU1it. The proposal also requires an amendment to the
GMQS exemption for affordable housing at 1000 E. Hopkins, to allow for tile off-site lU1it to
replace the existing on-site affordable housing lU1it as mitigation for the construction of the
existing free market units at 1000 E. Hopkins. The applicant has concurrently applied for the
above-mentioned amendment to the GMQS Exemption at 1000 E. Hopkins. Staff finds this
criterion to be met.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements
for all properties within the I'UD as described in General Prl)visions, Section
26.445.040, above. The dimensional requirements of the underlying zone district
shall be used as a guide in determining the appropriate dimensions for the PUD.
During review of the proposed dimensional requirements, compatibility with
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surrounding land uses and existing i:lt\Velopment patterns shall be emphasized.
The proposed dimensional requirements shall comply with the following:
1. The proposed dimensional requirements for the subject property are
appropriate and compatible with the following influences on the
property:
a) The character of, and compatibility with, existing and expected
future land uses in the surrounding area.
b) Natural or man-made hazards.
c) Existing natural characteristics ofthe property and surrounding
area such as steep slopes, waterways, shade, and significant
vegetation and landforms.
Staff Finding
Staff does not believe that the proposal will change the character of the development in that
the existing category affordable housing unit will remain a "rental" affordable housing unit in
the form of an ADU. Staff also does not feel that the proposal will change the existing
natural or man-made characteristics of the site. Staff finds this criterion to be met.
d) Existing and proposed man-made characteristics of the property
and the surrounding area such as noise, traffic, transit, pedestrian
circulation, parking, and historical resources.
2. The proposed dimensional requirements permit a scale, massing, and
quantity of open space and site coverage appropriate and favorable to the
character ofthe proposed pun and of the surrounding area.
Staff Finding
The proposal will not change the dimensional requirements within the PUD. Staff finds that
this criterion is not applicable to this proposal.
3. The appropriate number of off-street parking spaces shall be established
based on the following considerations:
a) The probable number of cars used by those using the proposed
development including any non-residential land uses.
b) The varying time periods of use, whenever joint use of common
parking is proposed.
c) The availability of public transit and other transportation
facilities, including those for pedestrian access and/or the
commitment to utilize automobile disincentive techniques in the
proposed development.
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d) The proximity of the proposed development to the commercial
core and general activity centers in the city.
Staff Finding
The availability and demand for off-street parking within the 1000 E. Hopkins PUD will not
be changed by the proposal. Staff finds that this criterion is not applicable to this proposal.
4. The maximum allowable density within a pun may be reduced if there
exists insufficient infrastructure capabilities. Specifically, the maximum
density of a pun may be reduced if:
a) There is not sufficient water pressure, drainage capabilities, or
other utilities to service the proposed development.
b) There are not adequate roads to ensure fire protection, snow
removal, and road maintenance to the proposed development.
Staff Finding
The applicant is not proposing to change the allowable density within the PUD. Staff finds
that this criterion is not applicable to this proposal.
5. The maximum allowable density within a pun may be reduced if there
exists natural hazards or critical natural site features. Specifically, the
maximum density of a pun may be reduced if:
a) The land is not suitable for the proposed development because of
ground instability or the possibility of mud flow, rock falls or
avalanche dangers.
b) The effects of the proposed development are detrimental to the
natural watershed, due to runoff, drainage, soil erosion, and
consequent water pollution.
c) The proposed development will have a pernicious effect on air
quality in the surrounding area and the City.
d) The design and location of any proposed structure, road,
driveway, or trail in the proposed development is not compatible
with the terrain or causes harmful disturbance to critical natural
features of the site.
Staff Finding
The applicant is not proposing to reduce the maximum allowable density within the PUD. Staff
finds that this criterion is not applicable to this proposal.
6. The maximum allowable density within a pun may be increased if there exists a
significant community goal to be achieved through such increase and the
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development pattern is compatible with its surrounding development patterns
and with the site's physical constraints. Specifically, the maximum density of a
PUD may be increased if:
a) The increase in density serves one or more goals ofthe community
as expressed in the Aspen Area Community Plan (AACP) or a
specific area plan to which the property is subject.
b) The site's physical capabilities can accommodate additional
density and there exists no negative physical characteristics ofthe
site, as identified in subparagraphs 4 and 5, above, those areas can
be avoided, or those characteristics mitigated.
c) The increase in maximum density results in a development pattern
compatible with, and complimentary to, the surrounding existing
and expected development pattern, land uses, and characteristics.
Staff Finding
The applicant is not proposing to increase the maximum allowable d~nsity within the PUD.
Staff finds that this criterion is not applicable to this proposal.
C. Site Design.
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent
public spaces, and ensures the public's health and safety. The proposed
development shall comply with the following:
1. Existing natural or man"made features of the site which are unique,
provide visual interest or a specific reference to the past, or contribute to
the identity ofthe town are preserved or enhanced in an appropriate
manner.
2. Structures have been clustered to appropriately preserve significant open
spaces and vistas.
3. Structures are appropriately oriented to public streets, contribute to the
urban or rural context where appropriate, and provide visual interest
and engagement of vehicular and pedestrian movement.
4. Buildings and access ways are appropriately arranged to allow
emergency and service vehicle access.
5. Adequate pedestrian and handicapped access is provided.
6. Site drainage is accommodated for the proposed development in a
practical and reasonable manner and shall not negatively impact
surrounding properties.
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7. For non-residentiall.and nses, spaces between bnildings are appropriately
designed to accommodate any programmatic fnnctions associated with
the use.
Staff Finding
The exterior of the building is not proposed to be altered as part of the proposal. Staff finds
this criterion not to be applicable to this proposal.
D. Landscape Plan.
The purpose of this standard is to ensure compatibility of the proposed
landscape with the visual character ofthe city, with surrounding parcels, and
with existing and proposed features ofthe subject property. The proposed
development shall comply with the following:
1. The landscape plan exhibits a well designated treatment of exterior
spaces, preserves existing significant vegetation, and provides an ample
quantity and variety of ornamental plant species suitable for the Aspen
area climate.
2. Significant existing natural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner.
3. The proposed method of protecting existing vegetation and other
landscape features is appropriate.
Staff Finding
The applicant is not proposing to amend the exterior of the building or the landscaping. Staff
finds that this criterion is not applicable to this proposal.
E. Architectural Character.
It is the purpose of this standard is to encourage architectural interest, variety,
character, and visual identity in the proposed development and within the City
while promoting efficient use of resources. Architectural character is based upon
the suitability of a building for its purposes, legibility of the building's use, the
building's proposed massing, proportion, scale, orientation to public spaces and
other buildings, use of materials, and other attributes which may significantly
represent the character of the proposed development. There shall be approved
as part of the final development plan an architectural character plan, which
adequately depicts the character of the proposed development. The proposed
architecture of the development shall:
1. be compatible with or enhance the visual character of the city,
appropriately relate to existing and proposed architecture of the
property, represent a character suitable for, and indicative of, the
intended use, and respect the scale and massing of nearby historical and
cultural resources.
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2. incorporate, to the extent practical, natural heating and cooling by taking
advantage ofthe property's solar access, shade, and vegetation and by
use of non- or less-intensive mechanical systems.
3. accommodate the storage and shedding of snow, ice, and water in a safe
and appropriate manner that does not require significant maintenance.
Staff Finding
The applicant is not proposing any changes to the exterior of the building at 1000 E.
Hopkins. Staff finds that this criterion is not applicable to this proposal.
F. Lighting.
The purpose of this standard to ensure the exterior of the development will be
lighted in an appropriate manner considering both public safety and general
aesthetic concerns. The following standards shall be accomplished:
1. All lighting is proposed so as to prevent direct glare'or hazardous
interference of any kind to adjoining streets or lands. Lighting of site
features, structures, and access ways is proposed in an appropriate
manner.
2. All exterior lighting shall in compliance with the Outdoor Lighting
Standards unless otherwise approved and noted in the final pun
documents. Up-lighting of site features, buildings, landscape elements,
and lighting to call inordinate attention to the property is prohibited for
residential development.
Staff Finding
The applicant is not proposing any changes to the exterior of the building or the outdoor
lighting. All outdoor lighting on the building shall comply with the City of Aspen Exterior
Lighting Standards. Staff finds this criterion to be met.
G. Common Park, Open Space, or Recreation Area.
If the proposed development includes a common park, open SpliCe, or recreation
area for the mutual benefit of all development in the proposed pun, the
following criteria shall be met:
1. The proposed amount, location, and design of the common park, open
space, or recreation area enhances the character of the proposed
development, considering existing and proposed structures and natural
landscape features of the property, provides visual relief to the property's
built form, and is available to the mutual benefit of the various land uses
and property users of the pun.
2. A proportionate, undivided interest in all common park and recreation
areas is deeded in perpetuity (not for a number of years) to each lot or
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dwelling unit owner within the PUD or ownership is proposed in a similar
manner.
3. There is proposed an adequate assurance through a legal instrument for
the permanent care and maintenance of open spaces, recreation areas,
and shared facilities together with a deed restriction against future
residential, commercial, or industrial development.
Staff Fiudiug
The proposed PUD amendment will not affect the amount of open space or recreation area
within the PUD. Staff finds this criterion to be applicable to this application.
H. Utilities and Public facilities.
The purpose ofthis standard is to ensure the development does notimpose an
undue burden on the City's infrastructure capabilities and that the public does
not incur an unjustified financial burden. The proposed utilities and public
facilities associated with the development shall comply with the following:
1. Adequate public infrastructure facilities exist to accommodate the
development.
2. Adverse impacts on public infrastructure by the development will be
mitigated by the necessary improvements at the sole cost ofthe developer.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for
the additional improvement.
Staff Finding
The utilities and public infrastructure on the site are existing. Staff believes that the proposed
amendment will not place a greater demand on the utilities or site improvements than
currently exists. Staff finds this criterion to be met.
l. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications)
The purpose of this standard is to ensure the development is easily accessible,
does not unduly burden the surrounding road network, provides adequate
pedestrian and recreational trail facilities and minimizes the use of security
gates. The proposed access and circulation of the development shall meet the
following criteria:
1. Each lot, structure, or other land use within the PUDhas adequate access
to a public street either directly or through an approved private road, a
pedestrian way, or other area dedicated to public or private use.
2. The proposed development, vehicular access points, and parking
arrangement do not create traffic congestion on the roads surrounding
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the proposed development, or such surrounding roads are proposed to be
improved to accommodate the development.
3. Areas of historic pedestrian or recreational trail use, improvements of, or
connections to, the bicycle and pedestrian trail system, and adequate
access to significant public lands and the rivers are provided through
dedicated public trail easements and are proposed for appropriate
improvements and maintenance.
4. The recommendations of the Aspen Area Community Plan and adopted
specific plans regarding recreational trails, pedestrian and bicycle paths,
and transportation are proposed to be implemented in an appropriate
manner.
S. Streets in the pun which are proposed or recommended to be retained
under private ownership provide appropriate dedication to public use to
ensure appropriate public and emergency access.
6. Security gates, guard posts, or other entryway expre~sions for the pun,
or for lots within the pun, are minimized to the extent practical.
Staff Finding
The vehicular and pedestrian access will not change because there is no proposed exterior
changes to the 1000 E. Hopkins PUD. Staff finds this criterion not to be applicable.
J. Phasing of Development Plan. (does not apply to Conceptual PUD applications)
The purpose ofthis criteria is to ensure partially completed projects do not
create an unnecessary burden on the public or surrounding property owners
and impacts of an individual phase are mitigated adequately. If phasing of the
development plan is proposed, each phase shall be defined in the adopted final
pun development plan. The phasing plan shall comply with the following:
1. All phases, including the initial phase, shall be designed to function as a
complete development and shall not be reliant on subsequent phases.
2. The phasing plan describes physical areas insulating, to the extent
practical, occupants of initial phases from the construction oflater
phases.
3. The proposed phasing plan ensures the necessary or proportionate
improvements to public facilities, payment of impact fees and fees-in-Iieu,
construction of any facilities to be used jointly by residents of the pun,
construction of any required affordable housing, and any mitigation
measures are realized concurrent or prior to the respective impacts
associated with the phase.
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Staff Finding
The applicant is not proposing any physical alterations to the unit within the 1000 E. Hopkins
PUD. Therefore, there is no phasing proposed. Staff finds this criterion not to be applicable
to this proposal.
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SUBDIVISION AMENDMENT
REVIEW CRITERIA & STAFF FINDINGS
In reviewing an amendment to an approved PUD, the Planning and Zoning Commission and
City Council shall consider if the proposed change is consistent with the approved
subdivision plat.
Staff Finding:
Staff feels that the proposal is consistent with the approved subdivision plat in that there is no
change proposed to the existing conditions of the structure and the use of the affected unit
will remain a "rental" affordable housing unit. In addition, all of the unit owners at 1000 E.
Hopkins have consented to allowing the applicant to remove the category deed restriction
from the Unit 4 and deed restrict it as an ADU. However, if the application is approved, the
applicant will have to amend the 1000 E. Hopkins Subdivision Agreement to reflect that the
deed-restricted unit has been transferred to an ADU and that Unit #2 of the AJAX
Condominiums is serving as replacement employee housing mitigation for a portion of the
free market units that were developed within the 1000 E. Hopkins SubdivisionIPUD. Staff
finds this criterion to be met.
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GMQS EXEMPTION AMENDMENT FOR OFF-SITE HOUSING REPLACEMENT
REVIEW CRITERIA & STAFF FINDINGS
In reviewing an amendment to the approved GMQS Exemption fori 000 E. Hopkins for the
purpose of allowing for off-site housing replacement, the Planning and Zoning Commission
and City Council shall consider the following review standards:
1. The replacement of units on-site would be incompatible witb adopted
neighborhood plans, or would be an inappropriate planniug solution due
to the site's physical constraints.
Staff Finding:
Staff does not believe that maintaining the unit as a category affordable housing unit would
be an inappropriate planning solution due to the site's physical constraints. The category
affordable housing unit has served as employee housing mitigation on the site for at least a
decade, and thus, staff does not believe that the proposal to shift the affordable housing
mitigation off-site at 1000 E. Hopkins meets this review standard.
In addition, there are no specific adopted neighborhood plans that act as guiding documents
for land use policy in the area in which the 1000 E. Hopkins PUD is located. . Therefore, staff
cannot make a finding that maintaining the deed restricted category unit in the 1000 E.
Hopkins Condominiums, as a unit of employee housing mitigation would be incompatible
with an adopted neighborhood plan.
However, staff does feel that the proposal is consistent with the affordable housing goals of
the Aspen Area Community Plan (AACP), which serves as a guiding document for
development throughout the entire City of Aspen. Given that the application to transfer the
category deed restriction off-site and establish the existing category unit as an ADD increases
the number of affordable housing units within the City of Aspen, staff believes that the
proposal is consistent with the AACP's housing goal that calls for the community to provide
800 to 1300 additional affordable housing units within the urban growth boundary.
Moreover, staff also feels that the proposal is consistent with AACP housing goal that
encourages private sector participation in developing affordable housing.
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SPECIAL REVIEW TO VARY ADD DESIGN STANDARDS
REVIEW CRITERIA & STAFF FINDINGS
In reviewing an application for special review to vary the ADU design standards, the
Planning and Zoning Commission and City Council shall consider the following review
standards:
1. The proposed ADD is designed in a manner which promotes the purpose
of the ADD program, promotes the purpose of the zone district in which
it is proposed, and promotes the unit's generallivabHity; and,
Staff Finding:
Staff feels that the unit proposed to be deed restricted as an ADU meets the general livability
requirements of the ADU program. The unit was constructed as a category affordable
housing unit, but really better meets the ADU dimensional requirements. The unit is very
good size for an ADU in that it contains two bedrooms and approximately seven hundred and
fifty (750) square feet. In addition, staff believes that the unit is fairly private in that it has no
interior doorway into the other units on the site. Also, the unit enters into a shared parking
garage, which contains one parking Space that is designated for use of the unit. Moreover,
the Housing Authority has reviewed the proposal and feels that the transfer of the category
deed restriction from the E. Hopkins Unit to Unit #2 of the AJAX Condominiums upgrades
the quality of the affordable housing inventory within the City of Aspen and thus promotes
the AACP's affordable housing goals. Therefore, staff finds this criterion to be met.
2. The proposed ADD is designed to be compatible with, and subordinate in
character to, the primary residence considering all dimensions, site
configuration, landscaping, privacy, and historical significance of the
property; and,
Staff Finding:
The unit to be deed restricted as an ADU is subordinate in size to the free market units on the
site. Furthermore, the unit was designed to be compatible with the other units on the site and
was reviewed as part of a Planned Unit Development (PUD). When the PUD development
plan was approved, the units were found to be complementary with each other and the
physical site itself. In addition, the recent use of the property has been as a multi-family
structure. Thus, requiring that the proposed ADU be detached from the other units would not
be consistent with the existing multi-family use of the property. Staff finds this criterion to
be met.
3. The proposed ADD is designed in a manner which is compatible with or
enhances the character of the neighborhood considering all dimensions,
density, designated view planes, operating characteristics, traffic,
availability of on-street parking, availability of transit services, and
walking proximity to employment and recreational opportunities.
17
f)
Staff Finding:
The unit is existing and was reviewed for it's compatibility with neighborhood when the
1000 E. Hopkins PUD plan was approved. Staff does not believe that the operating
characteristics of the unit will change significantly as a result of the proposal. Additionally,
the U1lit to be deed restricted as an ADU currently meets the parking requirements for an
ADU and is located within walking proximity to the Civic Center Area, Rio Grande Park,
and the Commercial Core. Staff finds this criterion to be met.
18
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WHE;,E.'.S, O~claritnt ..1('rir('s to I":ltilbli!lh a=~rtdOrnln~urn ~...'
prcj;!ct unc('r the Condominium Own\'l':;hll1 i\ct of tht1 State of ~.
Cn)r,.rado; aT'd i
WHERI:M~, f'\;",('l.lrdnt dot's hd'l'by (':ILlbl ish" pl.ltl fot the
own u'sh ip in fee .i",ple of the re,11 pmp,'rty e.t.t,,. conti.tinq "
of the ar:e.1 or s!,,,ce CC'llt.,i.fWd in f'<1C"h of t.hc air r;pace units in ~.,:;
the b\\i.ldin~J i.mprov+-'r.H,'llt,. :\n(1 tlw \'()-'\"m("r~h..ip hy thp. indiv.iduol ~
and separ.1teo C'\wner5 th('r~{)f, .:H\ t('thlnU in common, of ';'111 of the l
remaining property, whie!l propprty is hercjnaft(!r defined and \li
referr,ed to as th,'g(';;"r.Jl common ,-'l("ment~: ~i~
NoW, THEhE"'~ORE, [')('l"lar"nt c'!0(O~ heo'("(!by ~\ibli1Jh ant! declarp.
that the followinqterms, coven~ntR, conditions, ca~em~nts,re- I
strictions, U5('9, limitl1tions and ohliqiltions r;r.;'.ll br d,eeffled to :.
run with th('. 1.,n<1. Sh'111.1'J' ., burd"1l an:! t. bCl1cfittC)T)ecli:lrr.snt,
it~ s.ucce!o!'wr!'t nnd as!tiqn!', .1111.1 "\l~Y ;'f'rc.on!,:; ,ll.:'1U1 dnq c1r?"ninq I
tl~intcr(?st in lh.:..~ r('.:Il pro!ll'rty ,11l,l if",:)r(,-\'\~,'"l("loIIL~, th(.j t f'1rilnt,er.~~,
succcs~or!l;1 heir:'\, t'XI.'cut.ors, ildrnil)i~"tril1C"r~, r1'~'/j;,(!(":'l ()ra~ud9nF:.1
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1. Ot..finaio,!!!:' unh'55 tilt. ,.x<i'1t.xt: ;,:11.,1.1 1:)(!Jn:s~;'ly prov-i
ir'te othcrwi ~c :---.- ..-- - . . I ~
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(.l) I Unl t I rlc;,H.:.>.m ~'ldi vidual .li,r qjtlCf' ""hich iM '1;-
, contained wi thin the p'E'rimctcrw;ll.1s., floe>r!J. C~! 1 infJ~, \"indO\lfn I.Ind :
;, d001'S of each unit ,,9 shown on ~b: C(Jnd,~i~i_\l\"'l~'lp to be filed for l ~
:! record, together wi th a 11 .. fb<tllr(''l "t1dimp[ov...r:v~nt,~ thete~J.t.()f\'" I
, .. ,," ..., ,,0< ,.d""". "'" 0' ",.. ,,,",,.. ,,,., 0_""'''''0'"" ' .
;! buildingf if any, loc:.cpd w.ithin th'~ unit.. I ~:
'I I '"
:1 (b) 'Ce rldomini':tmllnitt mC'"n9th~ fe~s1ftlpl. inter.st! J;
:: ar\d title in and to '.'" unit t_oq('t,~crwit_h th,.. lJnCli.,ided interest i ~
II ;~~;~~t:;e~~~~;t~~mm(~n el('~."nts iln,] t',,, .ppu:L"n,1n" l1",ited.. eoounOn I' ~.
. (c) t(')0.4ner' m~.'\"s "p,,'n~("",n, pt'!n;ons, rlrm,eorpor~- [i
tior., partnershipJ a"poci,ltior~ or oth(Cof .le-cul f'ntJty, or any com;.. I ~
bination thereof, who u-m (s) an j tlt,"!'r~;t, in onf" or l'!'ore eondc",initm ~
units. (,11 'Ge""r.l~c>"',~,"'\ ~l.,,,.,"nt.' ""0", .nd ineh"I"'R th,,1 '
land descrHw,d i!l E:xhihit ..l....~ lh,'struC't...U<l1"c"rnp:)O(!ntl,dftl'if! ;
building: thj' i~;~,lco"i". ,1!"1d, parkinq !l:!"l("t"S~ ttnd all other part.s of.
such land <1nc1 ".ho:- in ptov~!r!lt~nt9 th\,(C'on nf"("css.lry or. convt!~ient to 1
its existcnc(:, m."ht;t'n.?lr,,~C'.,ml~.lr.'ty which .ut;!, nClrrn.11ly.und ~;
reasonably in ,('('Iml"1~'~ ll!W, ll"lC'ludir.'T t.hr'.<Iir .,\10\'('0 such land, all , !'
of ....hich shall b~ owned. ,1;' t('n"nt:~ incon'll'l'lon,tlY thl! owrH...r!l()f_~~~
spe.l.rate uni ':r;. t.1.1Ch O\oo'n~'fo( i1 un!. ll>'vin<1 ,," 'lndi vid~dpl!re'!nt:.i'lqe:,
or fr.ction,1 intl'"cst ill,uoh cP" '1'.,1 co"""'" d"m~r.t!\ ..'10 ' ~.
pro',ided her"in"fto,:. I ;
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t-i1U;REM~. t-1aco :;U:,wlll.t ;\TlIl :vi ieh"~f"!l T(l,sc:hflcr ,(herp.l~after
call~d "DecLar.1nt." is ttWoWn...r nf t"_h(' renl propcrtyde:1cribed
on the attltched Exhibit ioN'. which by thi~ r('f~rencp.'il\ made a
part herccf. ,lIld
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sums ] aw fully .-a,c..le,s,~,ed:'*~~fSins't~th3',',~I,""^rier~f"Ycc)ritm'dri~'to l'emen_~ii ",Sy"-:'th~i
Board of Diroctn'rs'"'b'r[h'c:''"^S~'('' a'"
c'" ;d:-!i;~",y{~,~;;';:'i,'!:Nk ;/,'~~\i\~~:jftij!$r!~/'~~,:>~fff:&ff&;
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means" the ^s~,ocl,'" lion ,::! (/'rTn'c~l~~",;is\~i'1l:~c:-o fc.~fild9""not:"f',o"""r'";p"r6 fit 'carpor a-
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the Cc rti f i c~, t.e of' T,n~-9,rrO,~ a :::1 (In "'':m_d_~~n~I,~,,r..,t,:'....~,r;:o,~~_,...~J1.i-'~h_ "shi'll~. ~rovc rn ~ "
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WhlCh J\SsoclMlon sh,,11 bo "Ill.<~O! tho,p""r,ors, of 'ho, ndomlnium ,
I un:~.~7' '+r;':r:~:~~~;"},l .
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n units"'"s shown On ,In!,;
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I; p.'lrt of "or";"nl.1""''Cr ''''tho~~fniirF8~~Il'~~I1~t\.}~:1h",L'''rn'n~:L '\"f,-Si'f
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il tion of the' ulll U; 'illilr'Otli"r:l:~r;'ip"I~~\w(''hr~':'il,,1lQ;1>~rG}';,;t'5ht!~1''il''''(i<>mi3r'i'rtcd.
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i PA C ~"'d'Pu~dot"tha"nlimc" Ml1not' Iro\i'S~"Conoomi'n1uini~Notico 'iit'llerli':!'t'"
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I> hubs tun tlnlly 'comple tcd In, crdcl~",,~9," permlt :",the locl1 ticn 'thereof; "
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ij bc~h honz"Dt'.'Uj' ~ryd vgrtlpa.!ly.:, !;':..~,b ,~,\'9.~,,!1n)l:~ilall.be,fi},ee.":jr'
.. f-:rrcco:n pr 1 or "Eo,: -,th~ "cqn'/cy""nc,~::'"(f~"/ll,1fcbJnd~ll\in ion ~_'uni,f~:'t6' a~~i'::i !
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"i'~ th(! 10::11 ~io~< 0 ~kJ,Il.t)2,~i.}d,J p~ !.s):i :",:~~X~;~~t9~~F'~,aF'(f~:':,~:r~Vt"1 ti'o(i""'p~a,rl,f;"~,"tQe
I: ~~~~1~~~1~~;~::~~i;"i!;~i'~f t,~~~c~~~hJ.~S.~~J~o~~S~~*~~:l~~ ':nd~: I.
if'ting th'6" '~nfts ;:'~lhe,'vlo~ciiYion'~6'*t'~n"':~~sJ<<frilC'Etf-r:hT~,icdm)"hiI'S'rlt'sG~6 ~_#E>a ",'\..-;", _
' i n~f~'e 1 emeh €s-:"'o'(~" "'1)~ /fiC1Tn qr'''1>dcar''~d ~tlf~tH rii~t;rqliii; ft~i\~n~h'a:"'ll1"~~4\ihTi u ppo r t
designations vL:\d thc"'nu1.1ilinq' 'nyr:\!.;{fI~;;"Th(!-;-ilJp.vshnll tcontain""thc .
-'" ,~" "", i",,,,",~;a~ .,.. '''' __
certific.Jte of it reg nter.~d pt'ofc"";slotJ.11 engineer' or"-llccnr;ed ~ c
architeG t or ooEh,~'"cc tL Hying th;re~:t1iC"!1:fJ?"'su8st5nn~"J f:rd~"5rct3~
the roc~ Ciori' and"" tbe ~\"far i.zon tltr*'1n'l/j'~'~"'ve'ftic,rY'fifddsun~fn1tn ts~or"""(h~e~~~ !...
b 'ld' "~"'''''€h~:I-'''-^''1~-''''J~'kn'''''f7 i'~"d"~?~.0;!('''''"I,,,,"\)I-''~"''~t~-~ji<'I'''~<'-"'''''"'''' "~...'~"' K;l:io' 1
U: lng 1 " , ~ U':L.. ~ ';:~~I "'Ie *,t fl'~~fi,c~~S1~~}r; 8"S,., ",t~Q~c'i'(,l!!!~rlS~on=!, of ':he t
unlts, tho .,levntio:\\>' or tho "utlrlnI~hod ,floorl:<<llld 'ceilinN~s-""!
t 1i'''''~'L:'''''''dU''t-('::''''''' 'f'l"-i""ll'd' f3l'&1~-J;""SI;;b'~1""!it~'It"'jd"~k""'t:"'h"'~$<;,'iJ""'''''''H ",~4*~'%....,~", j ,-~t'ill'{q,;I"'&
cons rUCLC ~~~ f.~~ 211~" ",...\!tq ,~~,",o"'~'''1+iLn"""",~"t,>J.\ll:x>:!U,S!),yMap fi/u$.;pYbp,a:rcdi'
sub:;eq:Jcnl t:o~;!~:P;:!.~n~~,~~.~~~'Hnpl~~l})h Aprl'th~" j mj1?'o.lrlm'?tf~1~ r;~ieh...:,;i~"'1, ~
SUPl'l~",.eptal . <>neVor" an"1;'~ nondment'>\sha ~1t::forth"i!lir'1 tKo' i;'~'rtl:'fr:'4."
"t., i.ohen< ~pilfo'Priiitc'?,,f,! l"rntorp'!?1itrn;": th'ci'M;1'i:i"'tlio'''iX'istrfi'l.'<.'p'nys'i~''
.... d' i '~~"'''',..,\''''"',,",1: ""u-r:"""'''!&: """ ~"""':d"L . <<'" ~..'" h.-' f,Oi ~:i: ~'<
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r i C;h t to ~lmel)(1 ~.1)::!' r-jdp I r 1 ~"\ii: till" ;''In i':~(~;"~'Co"'-(-:-nc;;"f(;r:"m'H"'ttl(~' ~;'(tll'IC
according Lo Lh\/ actu:ll l",lc':llic, '''d 'Y-:':'IS-C-lh'l~_"""~X;'il:Ll>(";J5L..~,(:i ':l/Il_!)
ments and to C~fl.~1:)1.ir;h, Vil(\"It.e ,rt~;!o{;iJtc-"c.:l~H.iJni.:nl.::I',', "(He'cas.!;
road c.1:3Cm~:)bi .;)l\d on-~;j L~~ pi.l 'i'" -.,..,' "1;~~!}il\i,\ . '"
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3 . P .i v }..:;i~).'2,"-9...f.~ J: ~-E t:.s..: ~ y .. .1.' :..t. ~ ._C; ~~~4s)~J1_L~) r(('~",i!.~2" t ~~,,:', "..;: : ': _,' _ 1
real proper ty N(fcsc r _~b0d ''-, i_l~ ",Exl}__,,"~,iu",L~:: :;;,~:~\.::_,. ;l.ryc1, _:"~.be,.,,,~,~r'p r(~ v(:_nl,~~H~{",,:,thc ~(:(m
arc hercllv dividl..~d .Into llh~' roll.u''';.ll~q !t:0. ,,~.LJllpl(,' (':.;t:dt(:~{, e:H:h1 I
such e:-::tat.c consisLing o[ the. 0Yf-):1l..1t.<:~ly c.1cBjqP~rl.I:Hl, uni tt> nncl the:
,( unc!ividcd ocrccnt:H10 0:". fri'lct~ol~,:ll '.;n~('r(:5~ in {,r:d t(" the ~j(:1"l('(,(11 I
;i common element.s "pi'urt,o:i"nt to e~dl \lnit (IS 1';, r,'2t forth on the I
!11tt.:lChCd E):hibit "[\", \....hlCh bi' thl.tj reference 1['; m(\d~",a p('trt _
h ~ reo f . .,c,," w",,~i;~~~f;~r!~3f~;;f1!\h~~ii,~,;isr~,i ,~~~L.
4. J.indLod Common Eltlfnl!rlt~,:,)':;::"I\>'p-o.i:',tiqn,.o'f gcn-c,r.~_l,.,,,,,-, j:,
Cornme', clc:ments-.r-;;-~crv<.illto7th('7'.(:'xr:1u~ivc t,lsc'of the ,'P~,.v(,.,:" ,'1,-, '~:
. , ,- -, ",- ';", ':,' ....'\"'"', ~""" "'^:'''''''~'''''''''"''}-<'''''~''''~'''''__"''~''',~:~,v",
indi.. rdual Ov"lwr~ <~f Llw rc~:pecliv'(~ '\lnl LS,'~ '~".\d;"su'ch ~r,e,9~ <
urc rc.l:crrcd to tlS 11 imi t:.l~d ,common '>,{,) lcm~nts ""~'!"::\:'I'fl(/";l imi tad
: ' " "'''" ,",,, ,,' ~ ~''-~'''", ""',;,)' .- 'I,,~--,,", +ii,", if"''''~';;\;',,,~{li$,' ,~:."t'!f/""';"'~~--""~~"*~M',^<f',lt 'i~';'-'''"tj;;r;;
com:l'lon cl~m(~nls t:0 "'r-t'!:;crvcd 'shed 1 :~,:i' idl;~nt-i'flcd on", t.he ',MCl.p.
Any ba1cony, p.-':.tio or deck, whiGh':i~"-:;iC'ce-ssJI.).lc"fr6m";'.:~:'''>''
",0," "'--';'-""""""""':"""";;''''S''''__'.'-'''~'.'i!ik''''''''' , ' " ,'" -' ',", """
associated with .:lnd which ndjoinf: 'tl unl.,t".,,:?h~11, without".f~rther I
re ferenee thecc to, be _, u.sed in __,:c,9'n,n~c t},,'~:n,:t'~,rtlf::-',si'I:,p,h~__'.: ,~'rli,(" tC)"",,t?~ '.' ,~:,,:'_,:_:
excl us ion of the use' thlo1 rl~_(J (,:bY--'''~ i1(~ \),,~.,~)~'~ ;1f~i~:~,:~~~;~8:t~J~;~;;~;,i'~~;,~~~'~~ilt:{0~~,
th~ 9C'n~~rJl c\')mrnon cl<:1!1nnts,', ,'~X,ccpt,,,},?Y ~,nvJ.t"~"tAory; pr'?,-,idcd,- hn~~ ,,1:',",
ever, that to the cxtent"tHat~""if'ny".isljch-.'b~,]c'on\;'-,"~"patici o'r deck 'd;~,:, 1.,
serves {'IS or is neccssfiry" fo'r:-:;"ce'c,ss' t'c)"'h1fy,""'6't-n-c:r:;"u'nTE:;.',~':-i"'i:.':'1'~3'11'a'ff.-'," ,;J;:
con tinue to be 50 u ti Ij/zci'd~.,.~~tre"Q~rtc,"rrr[t.f,':'~-";,~~'t'ifi,ta-c2t-9ry~'~~f~C~e'~''''s;';:''',' _,>
L~ provided, <lnd until ,such '~11'tc'r'n'3'tTvo;;~)itccss.':Ts"rp'r'b;vrued';"-' s"uch.' 'I \{~,
h,.:\lcon, Cl tic or de"c'k ~,;cs'11u'iY'- b/e' "(ft{6mcC't~"'tO'~})c(~,':a:€::R~'eji'fe".ra't~!ic:')mmon"v~.,>;;~~' ~t > )!~4
d<>meni. P/\ll of 'the .ownc;:i<'C;'f conr1'om(;;Vum"unit~' l'ri"'t::his"'c'o'ndoinr.:', .:,.. ,:~.,,:,:'
nium project ~h~ 11 h'ave"~'i1"'nori:c',x'c'j us~fvc.~r';igYit1lJ1~H~::~h~K~(ln!'tt;'irtr::a.fr :::".""' ';:~ l~*~t\t ~
of the otllcr OWIH",1S ~o ,l:_~e ~"~f,,,_~j.,;191l!~:'.~'~);>;";.j>,.,p~ ~h~ays'~ '~'r.o:at~';"- "a,,~:~,,_,' ,:::',;';',~,,:::'t;;. f ;I:-;~Y~
streets Ioea ted ",'1 th In the", entIre',' G()ndpm~,nlU.rn" ,pr()]ec:c~~};.',~_~o - referer~ce ' ~'li ~~~l
thereto, I<hether such limited .commor<.'i':~irn<r~tta.':r.,,~X.7,lus.i::e ,,0S,~r;;i;'1:'1 \~, ~~'~~:~~
nonexclusive, n,'..~ed be madC"in"anY"rlc6d,-lll~trurnc~t"',or"'_'ccnyeyar.c(.;'~', I~ ~,",'1 "
or other insl n.Jrnc.'nt, and reference i!;"m~'d~'~,"to""".t}i6,:p:ro\d.sions of": G'j" '-' .,.. < !'.
pi'lri'\graph 7 ")f this' rJ.CClc1.r~-iti.on--. .__,':--tt'';''''^'''C''~~''''''''t",~,,,~'i;,,,,,,,',,''''r, . -:,,, ~:"" ;~'- I '
, '. , , : ,- "-',:,.,_,->:~,;;;;,}~'j':,.~j;a~'ii, ft ~
s. P.:tr:,lnq SIMCCS. On'.nl~c.,'p"lrkl!'1fJ_ :'_'" .-,,( f<
shu.ll be ll:1~'jCr the con,r~rol o("thc" O,;((;r~11;:,.1'~'~,;:',"un'tiY~1't'hC'$"l(s"soclati"ol\ t ~
has been frJrmcd. 1'1",r"" fter', per>"i ,';<) '"rca.s."'.sh~ 11 . be.'.G!i'dcr'.~~.fe,.,,'{~ L.., i
con t r 0 1 of the ,\5S0G it1 t i,of' .>~""\,,,~~,:\':,,~,>i..:,{ '!;~,'~-:(i'XS4:..y';r.;'J:;:':/:,"' ~~
. ..G. ~~":\2!!r"bi;t~~::7i?~~r~!!l....---!:)'.~~.~. unl~:,tf~/; j, 1
appu r tehan t und 1 v ~ d,,?d-., l~! t~~..~.~"",~,,<!\,~r\"'rt~l~q,~:,CJ:,~,!:l,~,,::,~,l d>c:2m!%:!1 ,~:~~,,~.e:?::~;;f},t,~;, p.-n'd I . p.
i! th~ appurtenant 11ml.t.0G common""nlernt't1ts ,sh~l'll tot1'j,'~:h'er "cor.'f.rise ~
! Olie cdndominium u:1it, sh4\li be Ini.?p_1rCltJrC:,'~iil1_d,,__,,!!lu,), D,c, con've,;'eef" f
le(1sf~d, dev.is(,~d n,r. ~n9"uiTi~C,t:H:~..,,~.~',lY",~<1~,",~,__<cq6d,,9_hl~.niuH{~ii:1i.t.'.)i,~:~""i!;":'Y' ,.
;, 7. D~se;~0tr~;n~i~l1(~J~'~~i~~i~~~~r~i-~l~~~~~~~~~1~;,~~Z1t .':
, --.-.:r::-..,..-......---'.....'...".____~,__,.,',' ,,,",' ' ',uL..,;o^"F,'.-'sF "
tho:! sa 10 0 f a conuoml n lllr~r.".~.n_\~i',..:,,:l,~!,~~;~-~?J\,'~-PJ; l,,:r~," ~,9:;"t~;~~~l~~ ~ng~ ~?L':.>,:;,i;.
:(.!~ol'~ 0 ~ th~ ~.1np "IrIu~' ~eg~ ~,1~,_""d~:~~,r~,9~,,,,..~1:;;~<~_?,.,f}1~t;'m,~,:-~-~,,~,,~"',,.~r:.l t,;)>Y its,
ldentl fYln9 llnlt d,~slqn"tll1n; folJO'.'"d by: 'the. nilTlv".'."f tl'1":1 .:'dndo'~
minium, wi th further' .rc"fcrcn.c6~~-ro~tfle~jaFn~ther.cof"':"n~n;d'" the.(~~{',:~~;:dy.'9-t\.'t:
.', De ci'fa'" r loll' i 6 n '. 't: 0- ,,_ ~ ~"',' (rt'e4~,-"'{q'"'~.;,~:t{tt5~r~f:{??,',€{tl ~s~t, \i (;'~"E- _ ) fB~t h~e":" f ftt~~'l~~~d"f~\-'~-
the :>lil. p ,'nd tl1e,,,",' rl~C?'t~'ctrng :~o'E ;"~~'B;,,~~::(}r~1~~r(1'rr~n :~':'1.y~,6v~::!',rY'w(1r.!?C1,'~",>1~~1 S'C"A-r:~~' Hi:~/,
mor tqnc;,~;. tri.ln t.,-"d3'(~'<1,-;""\~,~ l,l"'<\r,, ':o\h?i"':rn'il"t"r:limen:~, "mc"lY ,l~ga 11~l'-dcs';<t';>>'I'
~r i be ; co.~do~\,i_l\,i\I~,::H,:1i ,f... h~;;,J~~,~-..;;i (,~;~:5:r~.:rY:~ri'~i;?:~:~j, (,ei,~,i,g'.n~a,t~,r~~,';.'Jili':,~~;~ ...
f~jllo~.Jed by the' nacm.b".-'of.. tJJ,l~5':"<;=O'rido.m.l':11"lim'-,,_f'.'~i th :.\f\!r',t"1'et'i')tQ'f~':,:/i-j1',~'e~:t:-;1
~ 0 ,", t. h ~ -'. ~1~ P :: h 6 r 6~) f,~'~ ~ I i,:~r~>:~~ OF t~~',,~sE:r.,~I~f:::\iI~~/~~~e.~:"g9~,9,~:!;j~'(~{t:~p:~,cJ~~~~ ~'9~n~'~~:; I
f>/~ ri' suc:t, dcsc,r 1 p t 1 on "~n...! 11 be "'<J~)'pd" 'h:(1d ,~'::;\1 ff:tc:icirft"; f,6r,.~'t':-\rlApu-~4:~:1~':"I'<
POS'c-~1 "to' St~ 11 ," 'conv(~Y";"",'t"r~'1ri'!rf'c:f:'lr""(~'I;(YOlnbc,psb;t'"~S'th:~;tt/f!tet4'%"'ff6'''h-e~h~f.j~-,::\
'if 0 n 1 y t.~1 C Un 1 t ,hllJ"''..~~li~, ~~::,C,tH'd~~ta~fPf'r~,)it~.t\~:m?s:{~:~(!--r,~Ct~'drre,!i"*:!~'~d~ft h~hf1]:rri Ii:e d 'f"
commOh C l..~rnn:l't'f,".'ii: i~l~Wr)-EYS'J'~'!'iJ;', .'pltr(,~Tf1\~\*l,~:t~'~:i,6'lt'~ii~'H#',1csi(rr ff~~t'i (5n-:",sh ~ll'l' :,"1'
b~ con~ tnwd to Lrl(' ludp ~.,"::'~'6't{;;'"c(:fKeil'tt;n:\:f'~~'"'~~^t.(Hl~ln't~Wt'~fa.'t~,'.in9r":c;s-:s;'''~:tI1(1'''': ';, ,>"
. '":'~;;~ia: ,'i'f~t .... ....{f~\:;;;t;\}~f~~;~~]
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~qlc.:S::~ to <,'tl ()h'll\.'l IS UlII! ;lr'ld \1::',' ,__"~ll(' ')'.':I'.:l:iJ'J (:(JHIl:'!C'r'l i
"i~:nenu U;';c'll,('t' ,.;jl:l :"(' rk!l' ." If", "",,1""";(1 "0" of' t.h" I
limiL<:'d C(ljtutlO:l t'1.V:n~'ll.l,:,. ~j'h(" i:.i,: 'i'lt d':~(;[!,-;"C(l;'j:/(;';jr'~l (;,lcll c()r'l,:1o- i l'
miniu:n unit m~lV CO!"'.L.llll rl~~H:~rv,'l!,io'\:,', {~):t'('i~'t.ir)nr, ,dn,d,,:,9,:{,clu~.io!1s 1,"_ ~
'''''hiei) tlH~ :)l'ci,lr,'I:lt <.';,,~'.'lIi;. to IlI< '-'.PI:l,,!(")! .....ii[~",'i,d'rft'lh-r:: bent ,J
illt(;t'C'''ts t,e ,1l1 ,'o;,dc""i"tum unil <>','."',':r,c' <llel ',h"'/".,,,or;r;iti'r,,;. i., I'.
~ ~"' ;I ~{, '"" J:'j, "A"i'~~""'!\('~"h,; '?:H;1;'~~~:;7~tth~~ ~j~\ft;(j,>I~:i"'L>:::"j-, >:"1"~"~<
, J H~' ", "'w1;"''''NN-~.,..~tr&'':.o;'it./ff:\i5~.;'h:L~t~;a*W>~,':~~';"i )~;'ii~,\l'~~-0":,, ,,;','J\;' ,/ 1
8. ~;()Pdr<1L,'.' Jd:::;v.;$:md"'!'lt tlild t';1):'hllon -!ioLl<:~ to '\~:r:csso'C.1
Decl ar;)!)t: ~;I)f11Tq.rV(;~\..-rfTr071-~Wor; (:f!;:f(tlJi~~lf':.~~:~-r;~br"^ ttf"f)j'T~;n--- 1 1
:' COll:,llY of ~l~" """<It '0" '..': ''','''rlO''';.''i:..''''''.''d''r'~r,~;!!:'',...U.~~.L.l;2..::, pn:(":rty, '
;; as 15 prOV1 ,~ll b") l.i\~, ,:~,~'~"~,_,~,1ir~,,t,,',Y'~~,,~!,~,)~:~'1.t':1~1:)::\,.~::lS/c:,1?,!,}5.I~i1~~1(~~;~~,,~\.l ntc..'F~st
'I:' in the gencl'"l c:c;""non (,1,."UC'1l!;'; "PP(I1't('n:\llt"~\-..'.'rft." "h','11 .1,,'.J(>dcmnecl: I
11 parcel and 5ubJuct ~~}LP(~p;,\l"<ILe""t;~,~o~~~~~,~t;n~"J~,'.~cL.}p.:::,~,~.;15?n. .'l,j'; I
Ii 9. 2'~.!'20J:, ~_']:'.l.!J.S:. ,":~ ,~,,:~~~:~;;;i;~~il':~:~~{~~:~'l:;~' hdd I I
I'j and o.,....nod in ..l.ny t~c,)l prOp0t.ty L(:rl~ltrt'Y '.,relt\tio,ns"hip ro c.'') qi) I f
~" tlnrh,r the 101\." of the', St.-'ll", ()f C01C'.r;I~\()._::::^:;"""""" .,,' I'
10. NOn-I'.'rtj~jon"hilU.\:':':;:l"~~'~if:l!'1 Cor>'.mOrl ,C'""nts. ,
:1 ThJ 9CnL\r~tl. cmi\mo~-,"f."rc'i;~':'r1f"-'~~;-;::iT.\,'t'~~;t..~",).'7[\-;;:;.'~~,,~,:t~ry~'~^c"-mn:f;n!b iP':f1 J,,-,:l,-(),t; "the~i!
if \)\m(,r5 <'l lI,.., ""[t~ ;.1'ld""h,;ll r(.",'U,i'ilil~li;,Yii,;(Wjj'ijr,d":;;o\6;;n'('r 'sh~llr
~1.;in'J aTlY act ion for 'J~.,'r't.'n: t6'n}.:"(;r:.'..~nvT~t'i.'6iA~;;;b~r.'t'r"l'c~~'~\&"nr.}f;;nYUjc:o!nIr.on ,. :~: .
ii "le~lent". NOL"~r.'J COnL'lin~(.1 ~1,.t:'il:;;"i~1!,i1:U,~t~:~c?il':;f!li~':(~:,X<J~:lirni_ I ~
,~Il t..;1t..tOn of the rlght of p;lrtttl.Ol} "~,:.._n;",r::8n,~(.1~~'!l):.nl,.~.1!,1..:.:.,,::u'X,,,~,~t,:..,I,G,~.r. .~hei f
:' ()'.....ncr~;. U?ere0f, but ~;llch tI .r,)rLlt:)',)f~ ,::;.:,1;1..;.tL-n~~,,~ ,1r!'(.'e~ tiny' ?~~(:r"" 1 f:"
cO:idor.lln.lu:n unit, .' ., 'fff%!' "kl,i,,:~,~ 11:' I ;
, \,il'.., 'vt~~'l ~'.."
"l',fli: '., I .
11. Use of GC:H:~r,il:'" ~illd''tr'i'':l'j t.~{;., o:'t:1ltl1;~'.r. CTr:cneS',,:,:'~:'.:"E'a~'r: . .
, ~:f~:::;~t~~ E~~~:~;~;;m:~;:t;:~~:1t~~,~J;(g1'~~.~~~~!~~~~,Jf~,g~~,;1~~g~~~\:;:i< I. "I :~~;~
:i Jllt~l:,:led, witl'Ollt hincl(,r~ng,"r ;'1'..9:1~~,iri:lll},,r\!~~~m~~1:~}";Wf:~:C~Tgh1-::~ i !:~~
Ii of t;' e 'c,thcr ;:': ,,'nern, St;l~'JC..c:t.' ~o:;/!hfCh . . l' ,,'r~ 'u'f.i:t tio'tr'*'-;l's~:t.!n~S"Y;-- 9P,:_',. t, 1'.(t>'L"~{%~:
'i . I ., h ~, t I . " ~. . t '. h "'''1 r 'h''''
,: 05.'''_1>. C" ,'y .'e ,ss"el.',:..'(n. ;:':;~');I :.:'~d~1:b
l! ..."., f"~;'+7t:' b:;'?iJ:i~,'?:,;j::. . . :~~:J1~~, I.: ' i,;::(?[~S;
I; 12. U~h,' dlHl"Occup,1ncv:" 'J'hf~ t'nl ~",:~'I'<:I!, ,',.' '", "~~(', ,tHICl "'''.1' 'il!,:,,<:I~}$;:.
,t OGc..:upi~~d u1" lIT(:l)\~'~r:--fl C~--t;,iI7.a. 'iy ":ll 1 ;..'_'h~,~"~,,,t~/;9u' 5;s'~'~)3':.. "1 ;"j~'3.I-lvrt.(~c:'.'" it,,~:,.;:;:::.:';,~;;';r
.i ,'nd h'5 t L" 'nl th~;rqu'''''''.~''o''!''''''''H'':,f:-,J./~'::t~.~",14;<'"Y'< ,ti', ""~',~,\Dl';
o. ... er::alt '-' ,,( ,I"::... . "''''''-''''' . "..":"":''-"<';'''~'!iB:~@ff~'''' ,;;.- . O>'.'~...",'
.,' "". "{,j:">:;~,,j~,~~#~l~~~~jy~~,,t~'~l:,~:;fi~~.~'. . .. >." ~:~, , .' . ..'1, ";,':"\'t:;~!
:i 13. 'l'C't"~~~~__ 0 f..ll12.r21..':!..\!'5~.' ::.-l'2:.S!.LI.~l~(J.:!~~~.:'~l~~~~,fl~ 1 f '~;,;~!tR~,~!
;j ~,1ti~.. ~ub~;":~'111ent Lo Ule, com~Jlf~ti.url' ~d~'i.;~~~~,~)~i'm~fF.~\":~'t::~;::.!'.t,~,.9,:?-:~.~r:H-?fl,~ ":~;,~.\\j;:
f~ 0"1 t he r-I~ p , no ~ a bo ~ pc r fo ~.~~9,~",,"<<2f,,..;;.~~ ~\~;,;?\511 r:,~; t::1 r,~~,~',:~}l~'\,/f1,;:~ <'h~,s.o'r:::::~1:"!: ~~~~l~{(
~ poru ted :-n a' tun t ,\\' ~ th th~:r 901n~'i7:ry,,,t,,:,:~:~:;"~,~.,,,,~ry~~,;;:~j~~l\i~~~,,~:;',~~~~,~~"b,:~f}~:,~~~.~,:,,:o'. f' ,:~/rJ~ '
1 m-l,1Cr 1 III S <1gcn:: I IllS con trctctor:"f.~,..:" gUbc"n..t!r.":IC,tr.ir"~'sha 1l- bc~, the I '''/It,'f%.~:
On 5 i s f (1 r f i 1 i n q 0 E u 1 rc.;, h,' ':"~ '{fh I n s:t~"~Jh.(i::.U"h):t.,*(r('" ,;,ti' riytl~o- 'tJtB~7""t!c~J't,"".~,::~^':~":,:?, I , :", ~"~1.'1'
O\~ " ~ r no Lex p !:c r. ~ 1 Y con !:.'O n t i ng to, ':,6 ~,,:~ r~~q"~h~^,t r :)g " "~" ~.t~,~;'-': ~;~:~{~';1i'<!~J~1::\,~~~~t:~,~: L >'.:~g~~
ug~' 1 ns t ~hc genera 1 COlnmon' ~~"S:-~~:,l,\t"t(::":~:,;.,,;~;~)~l~;:..p~,~t,;(.;:~~~!;\e.!.;;-< ;,D,9,~f\ry,l Ey! ~'~";1l-'~;J~~
(lnd hold harmlcfig cncho[ the. "Ot!il~,:;:":,:~1":11,e,r.~.'J":~:::;,:n:,,,<::,t.~/,,,(], ',('1.g81n::lt all 1<,' ,",':;;<r.',~,.'
linbility a~isjrlg from the cl~im oE nny, 11~~'~1nit,st the unit of
any othc~r fJwncr or tloi1inst. the CJ(~l1('o:-.11 cO:1\!'K~r,":.;:lC':n~nts for con- 'r
!ltructi0i1 performed ;lr (~"lt' l.1bd.~,"'I\~l't'(.'r'ii;'l;..';';'t-:\.'rvi,~c.8 or':other ;
products ill>.::orpor.:\lt:d In t11e ,,\\ :'('rl~; unit ,'l.l r;u-;h O'...lrH,~l.'S reqtH.'st.! I'
'file r>t.o\'i:;ioIl5 lH'r0j:1 eonl\tl,1Ii d .lr:"~, ::t1bi~!i.:L tn.,: it'=! rights ()f lh(! t,
N\~:liHJin9 J\(jcmt:. or BOilr<.1~()C. r\tl'~';.'t(\r:;C"i:>f t.Hd""1\!:il;,H..:L1tiOI'l <15 set' ~"'" t.""
f(lrth j n par,19rtJph 1 (I, ..;4: "," ~ x~",,~:34 \ \~"r0
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14. J\dmllllstr."ltu) \ nne ..an .~ ~ i:.'H r:u:\lstruticr:' 1 II
llr-~! I1hln"~lcmcn r-o-C~JlJi~"(:~r1~jOfT.jjd ~~\~i~?ih:9P(lt"' ,,}f.il!~:~PK'~q6vl.!~~:::~a~"by ^~~~ l,
d,<l By-1,a",:, of thr., !\S'!,OC1.1tiOt\.;';.i\},1,.:fr,,!l'l.l'.f7;:;J:.tt':~~~~O!1.1.~i.um:.:\lhi~".ilr;c, ,( '.'
"\']'pon bocom~ng un b\"'nnr :'~r;hi11,1 b( '. ~ ,",r:r~imi:~F- ~ ~)J;i ;~;~~~~.?t:$JqJ tlvtion and ~< f ~ :( ~
" zh,~ll t",::"I~lln ., rnCl~bcr f~"r the pt rlOa ()f. hfS~,::n~"'nr;;'rs\'.ip. ~The Ass:)ci<1""I~
~j tio"'. Nht'tll b:- initi~lli" govbrtH-d 'bv'1P5;j1\",rd'l""o'E) hfr~'cb1ri''J,#Gs~is''''.<;\C.'',1I~'r'
'c1 i r 1. '\\"""".~o'~' ....-'..",,!\.:, ." ~~ ."')1;'-"3\1'
prOVl .t:~1 n 11H: tiy-l,,\.....i;"'"p ,,~f1t..., i\~~'~h{..l.-'\t ion."'!;-- 'rhj~ ).\~:;.so<.'t;:}tidn"" rnd\'; W;\\~\
de h"'gl.1 t.<." I lY \a'i t ton .:l~;l..;(\jff'i\'n E ~~.=i'n::--1i:,,~. "'~t ~R' ~dut 'f:~':~ ~"jH6.jcr1iW,iln"'"~iu':1cti{'in.\'1
t ! l '') I K': ~ ?,t'''';\'''''''}><;'!<0. """ ~ ~.~t l'
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; the. perGons then comnrisl:l<J bony (njn'.~cl:or!-;'nnd .
toqc ther "/1. th Lh(> ~d,l,;~n,t i ty n,nd~"h(l(lr.(\sg 0 co> ':.hc M'b1,tCtji ng'W,,+
1'0 e \~' ::, i ~ any. S \,'1 C l~;':t~ ~~, t).: ,f" rc',a,'~',~:.:,~~,I~i\l} ,,~,~,:'2B~;~~615:~,J; ~iI:~.ry, ~~~~~ .~~i):',Shs:};, ~~." ,~:~:1:~~t ,:' :!/
thercaf,' l,n favo: o,:~.:,}l~Y I),:~;"~i,?,"n,,,;~.9:'~~,~}:SL" ~_~~~;rr,<u-!.,~~},_n,;~(J,,~)Y9..:~L~.~, th ,%_, ,;;,:t 1
reg a rc\ 1 e s ~~ 0 [ t 1. me 0 ~ ~ a s PC!~ '^~,~ ,nH ~<,:~,~~";~;~,;~,,,;; }; i},sN7;~~!\~'~ :.;~;'~j~:n1.c,-: :. f..l;."t;-~"t.,,,~,~VL<';,,~l ,""",.,,;j. - ) ,
Corti f,~cn t c ~l~a 1 ,~,,,,)j~~t~~_irs~t~~,~(r:?~i~;{~;>)~SX,9,~}~;j,i,[J1d!~yt;~~r9~),~~1~~Y"~.i','c::t~S~J.S ,I ~;T,;~..,
recordl, ng thlS" D?_S,l,,~.:_,tl t,19~!<~z:{;:,~?~:rpy :1:1s,~:t!:; },\P~.~S:P~~~<,~,.t\F~J~'~~,L1Y~,,~Ji,~,~,\,\1,r'7 h:':" f ":e'
to record ,or keep' currcn:t:':'>a-nY~":'{lJ'clf .r.0r,tl,flcftt:~~~~hilll_;, nC>,~>,;,ct;c;{at.e ,an':r"';'
doh ts or cans.;! 0 tl1ction" on' be)\:,nJoC'<iny':p~(rifb'i1':"6'r"""e"t1 t. ' I
",~"," ' . ;,;s:\".~~~~~;,,;ti1~i,~1&i~%i~~;;q:0it~~.~y';,~~' '''', , "
16. E.~~!E-nJor"'.1;~Ir~,~:2><~L:f~tcn(;",' ,:palr.~_,".
Erner~c i~~. The, "o:!,n'7F'~o,.t,,~~.9,~,~ -~"':i:,.1};,~\,;:St~F},1,~",;~;;~,~,~,Y2,:g,"S};?,~"r~~:,~;,9f,~th~ ~ t:~..~ l?~" I
c'Xcrclsed .by the t-1anaglna' l\cje-nt' or 'noaru,; c)f"D~lrectors_ ,0 __ t_ 0, ':"":"\1;?,',,,'"
As soc ia t iOIl, to hdve ,acc~:sJ~ ':'c,t9 ,e_~5~,f\'~'i~i!},',+--\,'~;~E:9,til,~,~,~_M~:.,;_f~"~' ,t",~_~:q,,: 9'uir,~'ng I,.
rea::;onable hou:n:C"B's:,:,m<1Y _be, n~(;~,~,~'l.a,ry'C' ,f:or~: t.he:'~,r:n,a,_;[t"~",~n~~c;.e_'/:",,repal.,r,
or replaccm'c'n t 0 f any'} 0 (~.tr~e;.~"9chc'r."rir':i"c;~niiTt'H'ff~.J.err\tfh ef?t::h~r.c?_:n ,o~<
, ",.",' ,"",."^", ,~A-,,"" "~~'f' ",,,,/$1\,. "" ."....". '-:~9;<:,;",,,<,,,,'-"'''r:'','~Y,, 1t#:'!"-"'~(~G;"~"'"""""''M'''''::h''if-'~_P', """."-"<'~"~~
ace c!; sib 1 c-- th e' ref rbm'~ '".or:, -;"/"~~l~;:k~!F\~'~"I.lg "q'l~:~ r:9~,J\~Y;, ,}:~~,l?~ ~", ~:~"':"'1;--u~"~,f~,~~:,,,~>:i~' I
n';..I:'..~!:~srlry to preven t.'< di):il(rgi:f\tO#fthc'~' qal\'ern l''1'cornrnorr'7!e lernen f~!; '\'or'~ t:o,,~ "" ,':;,,,
:' :~tnb t he"r 'I. inI "i: ~'~ """Da ntf(1-~'~~t6':~:~t' tie'\':i;'nt\t~r{ br:~o~t1ahyi~:~IS:a~rt~'o:t~('(/a';~un iI'" r'~':s tif" t - ;~;:::,
';, ,~" i. r1'g" ~ (To'C.!I;. .. t.:jl'f~t'iUaIri't Ja:\,:;ri~'C'1'~~i.~!e'p\,~rr~;~li;:cni(j:~'5fe~;~'Y.'~':1f8'p'itC~~::,t,:'S~~tc p falC'e:me~n'~ f '_' "
, ~"';^:;"'.;\')i~'"' ",/1, 'f' ,', " .' ", '.e'; 'h~;'-'.;Y'~>" <.,,,,',.,..,. ""1"~"'''''-' """:'J"""~~'(l\),......,,;;hi~t',",,'.I;,,';:"'''JI4,j'~ "~~'{;W """'''''''''f',)""tdll'f':.1'~"vi!t...-",("",!~""-,:".,,,,,~~,; (,< ,',
'iID~~:"','~:~:,j~..; ,~,. 0 ,-aljY o,~ t Cl:,'gcn€'ra ,,:,co~4none, :empn ".s'''9r;'~~r"q:;,''res\1...t:::o, 'f.9I!1e):ge'ncy-;_, ,,.
!," '" :",:'",~!.:ij~ ""I! . "" ,.' " ' ,,'; ". I,~_" -., ,",,,"~,' 'I' .,"" ''''''''..;;.~.~''''' . '''>$:ft;'''41','""1'''t.h'''''>'''!lf~,,..!!:tt'''''\~'''':'iiIt.~&''';;'f'~.''~''h'"$J".a!>>.,':'-;;.nf1;1,''' '.11;:,; ". ' '"""IIf;-;A'
'. ':,;, ';:",:,~z: rentnrs "H~ J::ll..n "U'not nn" tnr,1, t ;,~'a~" 't C,",'lns t~rhc't~,,'o' :'\t (~"','.ns:n~C.la tlon-~/,'11"
"~'f"J!':\\,;U""""" h' 11 t,;' ,,' ," 'to 1; ,~", ."" ..":.~"~",, ')!""'!J,~,",_.',:!j'~,i'-:'''f'Yl'-"I.'''l .t' )j""':~~~~"'I""'1"1;Il:;<ii\;"t~.:.":l"'~'>"~~"i"oi\'d'\"""-\W'l!:j~;,*'-""'"~:~>;('r'"",':;J{;};"
"~'C?~'ii'~1 's a un- a' \::ornmon"-bxpense- 0 a'",', C",dwnerS--;',;prOV.l{Jje,' However, (-:,:::1\'
,~ '::'< ,:;,,~t:;'11 t ha t i f sue .:1 'd nr:l'n'9~:'''; ,.1 ~{, ~ tWe\~e~l~r't:ro{(f<\;t'1e~im fs u's'U~#b'r),.'h'e)g'friJhWc?ti~;tf
,;j' j:;;S'\~:i:':tj: a Y 'u nit o.~rl e' i' j : t.h<i n"tf\:s1UiiR' ,'j"hr1 ft~\i~~lr1'~1's' Ha'Y1~~E;t:::~r-fff/og'i{sTb l-e'>;~"~1'i1-(:r'--1 '{a'Y5rt~
:\"A for . a 11 0' f 's ~ 'c h' (;t:int'~rg"~~"~ Al'f{t~a~arn~rg~(f1"'rniprbv)c{ncrri ts'$'hsha:iI~~"~b0.,,r":r:,e's';':'_~~:~:, '
to red sub s ta n't: 1<111 Y"": to ,,' tnc ~:--::s%'.fn6~c~ifD d,,!, t;,~p rt:::rft'~~:;ln)=-fi:~rii~.Rx~i's t'ep ~~:, I
r i" r to t h'3 d zlln'n'uc . :,,~" ' 1\l1"~tn"~'fji't~ rf't{ri'c c~:,~Xrh1'!"--~Kr1"s,ijt.ttl1d~C"~ tate'Cimc 'i)' es~-4"a~s I
~o the I. encral commo'l;'~~~.L~ffi6:;1t~+~'r~lic,tHcF"~i'8cae~u~'~rns'rd~'::;O'E~'~b'{i't:h"fde~" I
o E u r..i tg (u n 1 e:s ',s' -, n e'ce;s's'ft.n\'Eett~:<'b~;;\: 't l1c?'tn~t't'r'i,...~tii;t58~~~:r"';;;'1W'fsu's~1,"';!i5f'~~il''''u-n i ~, .,
owner,- ^1 n Wh{Cll-"cii's~"'~,~'-Ht:h'~:cwx'p~~i1~,'e,~7ts}i^~il:~6e'~c~'i"ii~i'~~'''~Cf~~syw;~:~'"'\l.n'ft~';" ','I "~t0.
own<;r) shal~ be the" exu"ns'(\"" '. '.. ",., >"~"O'wn'C" .,
17,,:";1i:/c;;,;ner's N<11ntcnar . . 1 l.t .',,,,,:,,, ," 'po s'e 5
main tenacc, rC~;/1ir,' a1 terat,lo.n.-, .:\nri,' rem~,gel~ng~~"'~a-rii4.~9w~nei.-:~~~tiall ',' ,b,Er~
de~med to own " e' inter:,i(),r: hon_Sti'pp~~r>tin~f~~'al~s, /;^.__the:0'mi{~e_r1_ars~,~~'
( sue has; bu t . rH., f" 1 i m'i 't e((_4'",t:cJ~~1~1 n s' t E::r'-;~~"g'y'p~~~U'rt{!f"'~a r y\;;a"~T~~'p,:{n, e l:rl~\i,:'/;};~
wallpaper, pa'-nl, wall ,)nd floo:t;',,,~{J~.'o"5hd^:flo6,riri9r:i,ou.-t":i1"o~""'iriclu:-j
ding the 5ub- f1c'),: ing) rnaki n'g' :il'p,','th~, '.fini~sried,,:' si..iFfa'ces~,'ot':"t~'e~"'pei-i.;..
meter wallG, c/~il ir<]s' and . floors'Y~~li ,tl\tri"',:~n:e"~,u^n'i"t:~~; :i'!:l'c)u'dYn"g""~':inter iot
doors ,tl-.ri window;':::"';M'1ifi'd"~'fh't.'_&i:'rt~.t~~sli'ff6"C:C:i's'~:"o'(\~:i<'t'crrfB~t':~~ii<)'ors' ;"a'rid .,"'.'",,, I '
wi nd owe;: 1.":'-' Th({'d\11.titr~sha'11 !'rttgt~lti~~~~1'C'e'mca:Wto~~o~rh~1""'fn>~srt'lnIpe~'";%\~ i res j,
:1' condui l: 13 or Sj'5 c::..m-g"',', (wh1"ch~-:rfo'r.<'~_'tjr&-:~~T 2y~~'€~'f\'~'~'~Ir~f~d'~""i1e'r'~'cif't'-e'r',~~' 'f"Lf,<:'
ref err ~d to' -' C\ 5: \ d: I 1: l't' te:s'f~i:fi'ritRTR~~~:"ti(r'dugft~j.trs";<.1'n"r~?'wh"T~c:~$';a't:Ve':;/,:1t%t, J ~1"
. i ,.-, t ~.......: ";!~~"'''';''';-'''''':',>t_.'''~'!'1t:",~!l-'_"!I':tNJ1 Ni''''~'V1>y}-t'':"" """,,*,,,,,,,,, \~ ':r-:>"'-:-'l>~/>?;\(;""',<i"'-.'^t""~h'%'::.:'J",' ;",~;,,:q,^'I"""lli\'-";' ,
one ,-.or. .more '0 .le): UlU.ts 'eXCt~o ':(\s'-":a :,'tenanti':l.~~';,cornrn('ln.;w"l, /the "ot er',~;'~~i<:,:'
ownerti'; "'SU~h ue:tYi't{es~sliali~'Ot"""b"'C'l"drsl€U<rj;(iia~.~f~r,'l'i'Ot:'llt:d'b-~m: ' '
~a 'n"":~:'o\Jn'~'t?:, wit ho'G e ..'; fll~'i7Wr"1'ft~'i{~2~co(tf-~b(1f~ah"<.f~~41i"r'tbt'n"1,:i;(o:'1~~tl{e~':gb~ r~'~'of*! ! :A::'t' ,,-
'0 f'r: (;'6, tc> r"s":'*~~~:s' u~~j{~ ~t. rg<h'~~~trcj:~r:rc.~f'~~~~ft(i:rw'~,~;y~~a~i:q't.:o(i~~'f?ii~t~uP-re(~e:w'it h <:
the ""obrr" ii"'tIor(~'tH~~r'b 'rac'C':[;,:ri,hY~.fl,t\i,srrfil';';~",S~'ff'8'thcri*'nrH,~('*;fi'ats\N"'r'e^m~\Ted )
'. "', "'J~'~"'" . ' ~ 1 < <'. ' " "''Ii ""t"h"" 1'"" ,- "..,:,',,1,< '"", ";1~1' ,;e~::t~j';"1f';-bJ<;.2",^, <'" ..;'1'1'" """l-"""'i-"jI," t t:"!l.y-..w.;f(l:,r~'".. '>" +,:." ~""'~""';."",1Ia:,' 1:'- ..,~~
1 t 1 )Hml.. ar",or": '0, er, rcuS:O,n1;l) C_ ,:' i'pcs ',CI,r,':, ~ P( S"'''O,..; mate^rlals. __, ' l\n :: "'\'~,','
"^"\~~'n: ~'r': s h a l-r~~~ti) 3,'~',Z{ 1 'il~';a'R'd~~~~cS~'~:~~':~~'Ii..pn i r';o, "Eh~~'?mt~~rSr>:!Erf~'.ht:g'i~O;Q n~t~~;t"l::,:t.~jf:
tin' ft ';~' , 1 n C ,i\idl J,'c;'f"fYle"'fTx'tGtt'~}; <tHe'r:C"9,-e ':'.~~V~~ri:;:':fi>:t~~~'~'tn'cr~:a""\it"""mb'rtt~:< !";'::.:~
ins tnlled' "wi thin' ':the":'"'\rri'i r~i~,o;;tt;ltrn'crnq~"'ea"'~>' tolttti~fGY~t,t:>o~tHe~,f'i'; tlli':~;~~~ I'" -,-"
t 1 e' s :, en to}' th c' tl ~I"rt'~::s'ni\ tl;~b~c\~m:a'i n'r,flrn(7'tyrb'n~',~~:K~1'~':-e'~' :ei'rJri:~ptalr~b'" ~r-tfi~;_ ,,, .
. .'. .;, ;"...h....'......f"""fl ~.'<"'" ....... "AY, "l""'":r'''''''''_,''''m"",."",I... .1... .,.~.,...l?,.. '4"""""" ,%,c"".y,,~ "'... ..',.,
OWner t erco .'::i ";:n.n oWner'."t 1.;1 J.< uO: no "-" .. ;;;:;,tlo'r'~uny: l,l<n~k-"'i th-~ft:,-tWI1F~>~.'"
i'm",,; r the~t'rti ~>U'~;;Wso'fth1in(1't'!i"'\5'r;lnn: lII.1'i!~'f"iit'~ 'iid.'b~d(\i~"""6'?\ ,!,.
'1 p.. '.1' """'il'Sd'J;f1f;;'tMt"'''''''''''f\?Ir''A;;;V.~'''*'if'"''''4 ''''~'A\''~;hr''''';':''''''''l~k''.i...~w,..
mpa.tr any eu cmen '. or lIer,Ol.t:am<:>nr.. 0'1 'wn. r ,:; i\ '.'~" so' eep' an'
"b'a 1 eOri"Y:" a r'ea'~n~pp{1'?f:e-tl;ah€~ to:: ""'~~1+\)1<'(t:~~ '''t'~~J.~rt1f~t~'a'ITr~y::;;' -c'b'hd .
, .-All ,6'ther:"m'iii""cE~'^n~1'~ ~~..;,,,,;:,, ~ "n(r~'t;;" ~om.m
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'JI;":>~:'#":'E'Wtd~!'''Ji\,{~~,'':<~', ~~::f"'#'~~~-'-""~~
Ldcmellt~ I CXC('nl. :1S C,luze(1 or p('rJni"~.'t,0-(f"1)1><<>ti~;-~';~~'o'~~r~~-~t";::i'~i'&"~i~':j1 qcncn,
~":~~~~' or ncgl;,ct lh>:'roof, $1",11 be " co:,,:,?n,u?xr:'n'~~ II,f I.~~l of the I'
"- ~,.~~<" ~ 1.-", "i' m<<,~{~h4"POii:tJV"*~ ",<!'l . ","'. " >
18. CClTnoll.:\I1Ce'with Provi:.don~~ (jf DL'clilt"iltio~-l,a\>/s of
't he /~~~::"~0n .-.....-r~(1chO~r ~.~h:11\C;:'rnp ly",,,s L frZ:tlywTt~,~~er~=j
si')ns of thIS Declarlltion, the CCft.\flCtlt.C of IncorrOr,1t:10nt~nc1l~y-
Laws of tl,c l\ssociution ,I ,,;-\nu.-: ttlC dccJ.,siOJ1,~_' and _ rC,f,~nl\]t,ions_, of" t.he' :
As soc in t ir:.n nd?p tcd pu~"~:~~"~'D,,~,,,, t,~"~i"f\~O~"tt~,."~:~li~~'",:~l:,f,?:~~:fn.9,Y,, bi=". i~"l\"ful J.y I
amend,~;,! from t;l1l\C to tll'r:e..' "F::.:.::.:~,,";: "t() c(,1mplv,wJ,t:h any of Lhn n,)me I
"shall be grounds for acti9,n" fa "r~,coyer ~u~~ iluc';' for dm\"),cJges or
i:injunctivA relief or. both',:"unu ~f'or"J~~"iinbu,r"'scmeflt,, o~"al"l,ilttorneyls
i:fc>B'; incurred in connectio'n "therewith~'dwhfch'"'5,cti6n\ 'sha'rl~'b~~' main":
~iti1jllJ.blc by the Managinq" ^g~n:!". o:;,,"n'o'aru 'of Directors 1n the name
.1 . " ,,"~, ,H' ',', ,'''' ,-''''''' ,", d';" """ "."."" '-, "',:"" ".",,,,,~",,",,h,"'~,'.,,, ,,' '" '''" '", ." ""
~oE thH Association on behi'llf of "th'" "ow"n(;.'rs Ot", 'In n" proper case
(n aggr ie~:~ ();:::~a tio,n~r'~:":~'~~"~ ~~~:~~J~~i~::f:;~~~i"t\~~,.: .'
iration sb:'lll not be revokt'.'d "unl-.:'::3s tell of the C.;..nf~rs"and,lUl c)f
::thc holdE'rs of nny rec';;r~~.;;d 'rnc ::''t'.(JC\9C' i"c'r~~e"ea "'"crf"{t"rlis'"t'~,"c'o~;er. .tn~r :^or
affect-inS! cHI'; 0:( all""or tht.'?:' <::T>iI,d())'llinium""iH\1',<~'s'~,\J.^ry"itn"fmous:1.;',,,cl)ns~~nt,,",
and agree to !:>1J'ch revocat.~(,:n, by 1n's"tr.urn'ci\t~(i;;)~'.dll1r'"!'eCO~f.ec1" ThIs
:Dec.lara tion shall not" be ""amendc(r"'i.i~h lc',ss";~~e"':owners~~reprf';sf>'nti.n;J 't".' !
t:nn aggregate ow'ncrshii-' iritercst",,-Of ,,,s~yenty') per "cent,,, or." mc'-rc '" of th~
;:gcn(!ral common clemen t~ clr~d a 11 ,o"(:',t,h~,""ho"lae"rs o;f. ani'i'ecorded first
mor tgnge or dE~eQ .of tr~s,~" c.~)v,~,r~,.n<J,-",(ir' Do ff,~"s:.tirI9 ":any'- ',?T"'''nll condo- I
miniurr, L1:1.Lts consent und i.1grce~ '~'?~12,\~,~"~,,,~,~?,:::,~!:r.~..~,~,,~~py' lIlstrUln(~nt(s), I'
"dttly ]"ecoJ::"d(~di provided, ho.....,~vcr/' that the ,pcrcentag'~ of tho Uno.l-'
:vided ird",ercst in the 9t7:11et-al c;ommon cl,()ment.s",,, ElppuT,tc~ant tS) "each"", 1
,unit, ns expressed in thin ..\)"';.1."rnti!?!,,::~.!~~llQ.il::'i;,:" permcinent:".. ::..,.11
':char,:lcte.r and shall not be alb;'~,rcd 'wlthout' thC:"-co'ilO~tlfl."of 'nIl of'
I'thc un... t o\--.'ners cxorr.:ssccl i'n :i'r:\"iclmtfnJ(tt;a'~"i5ecl'h"F.)~tfO'n~~ld''Uly'''''r'ccol:(led'~ >
" . " ... ,..~""; ',^" '" '" "". "'jM""""',=~""',",q...<<:-,~~,~;",."..)",, '. 'J !"',,,."",,,~ ,
I,emd provided} further, Uld,~ "revoc~~19n,,,:p~~'1,:^,~hc~,pe~!,,~,~,!~a~,t_l,?P, ,~h~l1.,. '."
"3 h~ay" require the consen t of all of the 'owners:' ..,.,..... "....... . " "',
'r ,,-<,' ',,; ',,::",,- h~A'''~iYl;~\~;<\<'.:}~A~'~~:i;;'~~,{l~~~t'~\frh{\~inl:>'~1r~,~~~if$J," i~\1);,::""'<{'~i;i;~'"h",/:" I
' .'. '''P,', ,,," ,,' "'" '.' ,""', ',' ; ">....,..,,~, '1~''-';1>'''H,h$~4'l'I1 'f'i\4;~",f!, ^5:'ii4:,tl;~;~:t'~\~J\::i\ :;:-,,\, ''',:, <,," ..<:"';:::.->
' 20. ^.:1cl.J..t10..!:.::2,~.!.!e':~'?D_~" and rmpr:?::'~me~l.t~' of ~>~i"'~eral '^.. !
and L~ti U:~ Con~Tl.CJn Eler.1~nt.!!.~ ,. .TheI.~".,_,shal~, ,!~8 m",n~.,,, <;d~:l t~p.!:,s,,;' Cl1t,I..~rcJ.- I
tions or lmprovcmcnts of or to the C)cncrCll. ,flnd 11,r.;,ltC<:l ,~~omrnon elements
by t',1P Associn'cion rl;:quir.inC} dn ux?cnaitl1r~i"in axce':ss'+-of 'Two"' Hun~(]-:cd
!pol13r~ per u:li,t in anyone calendar yea,r with?ut pri6i approval' ofl
ithe O\.,rncrs reprcscntin9 an" a9grc,~a,t.('""()wZ)prnhjp:',,i~,t,~~,re~t of ~ifty-onc
;onr:'.=cn t, or more,- of ,:the "general 9.ornmOh,:~l'erri"e,n',€'s':","",a~(f,'s:1:l~c'h-"e'xpendi-1
"tur,? (5, 5h(ll1 be a corruoon expM~e.", SuchXi~{i::htion,"'l1al1"";'ot be .
app~.icabl(~ to the rlaplac~mcn t I repal t" , malnte~a~;:(:e<,'t>:r :ob~o,l~scence !
.of any g(ml~1:al or limited c0tnrnon elcTllent"6r,"~:9mrnbh""'pe'i:':Jo'n'al property.
~, "",'" , ": ""; ,d", ,,' ,,' '~;Y~\\~',~"~rk~':t~\t;5:{::,',';2;;-)'1,;i1~l@'t'ii"ji~,:/'%";'::t:"'"~,,).,, ;;';;,'.'.:<--,;, '.: :":>'''''''' ,>~Y",' I
2 1 . Ass e ~5 S f,ie n t f 6'r'V~ eb~~gk~~'~'~B,"~~~jj&~:;"f~Z~~4f r;U(~~~n'~;t"~c;';\' ;httl:e'>b:~",
..c:'bligatcd to PilY fhe asr.c~sments/-~tt~er "esEim<;.te.~ or:.-" "a.SJ~al, . I
J.mposed by l:he Soard of Dlrectors of the ASGOCi.a,~lOj' to',:~eet ene" r
'comrnon expenses. 1'he nS~'f~ssmcnts s!1all be !:l,c1oe ac'co.rding to each .:
o\<:r.e::' t 5 percen LH{C or fra cti",9n,\1 in t.c,~,c,st,,,, in '~~,rf\'lJ:o" ,~h,e~' g~"7,,~rC:ll .~. " "I
cc,nunon elemE'nt~,' unless the<'owner"s"",:r~prd'se'~:~'ln,g 'a,n';~a'g\~rrcgatc"#owr~er,';"l
s.hip intercs~ of: seventy po~.ccnt, ~'D!- :l'!'dr,d'!:~..:',?,~,~,,~,.th~,~'g,b,~;~,~,,(l,l ,:~or~r~pry,:~'-:::,:;l
(;lc!":'lcnts dcclde thut a, ,!~art,lGllltlr LYP~, oE:-':.a$~'eS's~'9h1;"o:,~h~11" be, """'.>'~"~K''''i''!
ClSSO.sfH~cl on a diffcrenj,: bti,~.i.s' "(~:.2.': on"'~a,"~trS',:f'."e~__;;Js..~:<~,t?tli;4\~ith' fire,~;" !
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there is no ~1Jn':'19 il1q !l.t]cnt, u f UH~ I
1\~H;ociati()l1r Hhi111 from ti.'i:tl~ pflL(~ by ,111:
lhc: conc10liunium unit O;.'lll(~r~:, 1,:lran r to provj,j.::. for the
maintcnZ'lnce, t"\."!pair, opercrtion, nddit ,,' il,tteruLions nlld
:improvcrrlcnts ot.lnd ;:b till~~, qcncr:.llc:oIT\Tllon el{~mcnt,f". \-/hich ~;tl::l may
:includc, but shnl1 not be limited tel, (."xppnsert o!":::tnaqcrnr::l~ti tfl:':CS:
tli1(1 specL,l ;.\S~.;CS5ment:3 l1nti 1 f'c'~~,ir.JLcly ij:;;;esscd:~ ';:"l"C;r.i't.liTl": for fi.re
insuriince with e::-;Lenclc:c1 covcr;:lgc and v:1rldali:.ffiilnd ffialiclo\lS mi.;;- I
chic' r with t~ndort~pmC'nts ~l~'t:cl(.'ht.::cl :i rwuod in the urnount of t.~,r~ ma;.~- '
imum rcplnC(~ml.."l1t V~11t:(~ or':lll,1.1f thl~\'(~clli(lr;:ln'ini\lrrl:'11rl,il:!; (in(:luc1.inc; ,
<111 fixtut'e!); intl~ri(1r w<'ll ~!', .:1l\d pn,~"titionH; d(~e'ofat.ed iH\(: finished!
>ur faces of per imeter ,<W~:1_~~::f~,q.9E,_~,."~"ry~,,,.,~:sJ,I,~n9sJ doors, ...,ri~do'",,~; I
!Clnd other clements or :mllterlab1cC,mprls.t,nq',apart of the unlts); I
1:casualty and public, liilbility and()~her'instir;1r:C:9 pr?raiums;, l.:lnd- I
sca9inq ar.d C,1rc cfgro'jnc,~.;; C()TrJnon liqhtin<J "and' }v,,~'<"1ting; repairs 1
,and renovations; 'trash .1nd garbage CO~]:,cctions;:~:,.;agt?s; c.offiaon'dc1teri
;landse\"rer cha rqes; 17gcJ~~n~ aG~oun t..in<J fces;rr:a'naget~cr. t and.rent.) 1i
.:fees; eXpf!nSeS and IHlbt llties,incurred by t.he r1t:!llaglngAgent or '
:Board of Directors onbeh..=:11 f of the unit. .o\>'"ner5. ,Ulld0t' or by r\~ason I
"of :.his Declaration .J.n(( the By-Lm'/s of~he^s'soc'iation; [Dr nny de-
fici.t rcma.ining frcnl a p]r(~viou~ p~"~riod; t0e,cr:ec)tt~)11 of a reasonablp
contingenc.:y, rescrve,\..orkin~l C<1p~tC';~.:\I~~l, ~~nk~n9' funds as well as :
, 0 the r ~o.u ~s and ex ~e~ 4,17,~",Fq.~, '3J~.~pg",~B ,';"~,,D,;:;,,? en ~"?!9,.~,:",~:_C?,,rw;,~j!},,~~,2'~;~ I~t.,~, . J
:,'I'he omlSS~Qn or fallurl;o"of the', BO;lr.p ',CJf,):51t'c.ct;or's'. t.of.~,.:'thc Ci.ssess~'
I'men t for any period nh;il'i:'1~O(..1):t:~,:,':~~'c~'/';'6~1'7:'~"~:WaJ:'-~:b<r":""'!n6'(J{f lea t,lon or ai
rel~asc 0 f . theowne-t's .t'J.:'2'mt!~~.ir.o91 Jgati,p,n.t.(),pc1Y' the same. ,The. 1
;}\ssociation mayregu'i~~~etl.ch'o~ri~r't.<.>..u.cposit(lTld muintain with the!
~:^ S S DC i?l t i ~ n an. c:mou n t ..l'}~lla 1,..~~",,5~,~~.::,,::r,;:.~Z;S~';';';iy:,,;;;!~~i,;-~"~7;,7}:~j '.~~,~~.~,~,~,;~..~. I
lifor use as \Vorklng c"p.,t~l. .;:"",'\;;?4'4'!t~;~'f":::fi;'i~!:',.:;:;;.:.':'.'. I
~l 22. Insur.:lnc('. Thc:,Man(,\<)i.!lyl\g0fl,I;" ()t".,',~,f.".~t',~,reis",no !
~~:~i i~~ t~y~n;': t~~7n ~~'rn lJ~:~ r;l ~\rJ,~:;~{~~~r~hE~fl;f ^~!.:~c ~~~~O~~d I
"kind provided herein<lbovc nl'1cLincluding: ror:such' other ris}:s, of a 1
IS imi 1a r .. or diss imi l,C1rh~:, t1.i~f/~n;~ ,.. ilt-~:':P_~,~,'shn,J~":':1\6r',~b~~~'~'c~!:iJ~C>r.la! i ly!
be covered with renpec't to ~)ther condom~:lf~!T\---}:j'ti~)~lings'.' fixtur~s, I
equii)ment. and personal pro~erty~~,imi].a;1:c,:}n',,~9_,~,~~,I."u~,tion, c1es.ign' I
and lise, lssu~d by responsible ~.nSU.~ncc companlcs authorized to do:
bus iness in ::he StatC"'of'ColO'fc:i"',(;" ':~~'Hi' Insurancc'sha 11 be carried
tiin. blanket pol icy form. niimiT1qt:;-l'ei':'~~)-i,~:JH;~~_a't.;ion,,'th'~>"'i.n~'ure'(1.:. as
!:attorney-in-fnct for <lll.(if t,he cond";'",'.,l;J'.lrr\uni t: o\.mers, which
.'rolicv or polici(~s shill.r .tc1entify ti<r.:, .L,'l:erest of ce-ch conc;or.1inium
:~nit ;wner (owner's n~me, unit numbEr), 0nd which polil:Y or pOliciek
:shall provide a st~'3..v..1Z-lrd, non-contribet-'..'J:Y mortq-1S'8 cL1use in favor!
;:~;n~~~\;;' ~~~c~~~~~"~~~i 1 ; ~t~~a~~tia,M:YsP'r~i~~~ \t~Ht:~gcn;~ t~~y is I
fir.st given to eachr.)wner ,c\ncl",eaphfi'-~'1m().1:"t,g.:lgce. ...The 1-tanaging I
'.Agent, or if there is no Hq~1aging' ]'j.g~n~;', !,~el'1t:,~..S".B9~r;cL(),fD~Fe.,c::_:- ,;
'tors shall also obtain;.\ndmaint3in, .~c'~h'''.e~t,!nt'ol:>t;ail'able,' publ.'ic
liability i nSllrnnce in' suchliI?its,(\fi,:,~~,,~'F fi~'m'" trm~ t()~ime bE": '
de tcrmin0d I cC'ver in('~. cnch.. uni t- :g;'~(i~l:"t~:'~'~:S'\,lTI,\~I}1~P(9f,'t:he Bqa_rd of
Directors, the Mn'1il~t.ing A~ent, C'lrl(l' .t~'~,.~,~~-s',~'gen't:"'I~;ai1Clger." Sur.;h
publ ic liobility {~0V(.r(1g(~ Bhnll nli{("'S?y~r:<::rq~s'}i~9.ility clai;ns
of one insurC'd' '1t.)i1ins.tcJI,l?t.h(:ral':d !;h.lll:~o6t"in',~'wafYprsof sub-
rog at i.on. Ear;h o""'nC}:rll~1~' ob t".D\ n ,,:'l~ldr~',~.-~0q}il~!?,U,r,?nce,a t thc(>...;ner' s
.own expense for the 0\.,nl?r's"o~,:,,:r.,b~11efit':'pro'vi(fcd 'thnt all su.;h, l
, . ,,', ,,,', ".,,,,,, ':', ,'-.....":;' '''''"'''''''''' , "","",""'",","",-,,' '" ," I
pol.l.cles ShClll contaln .wulvers'oT ,!'.Lt!)r()9,i\,~ic,n"ar,cl..,' pr~vided, further',
that the li(1h~l,~t~ Cf",~11~'i.,~,~},",r::Js:,~,,/~,j1,~~~,,~,~~(,'~,n~~1:.~J),~,~.,:~~J~,~l..l nO,t ,be I
a f f0cted or d iffiln lshed _ bY..t'~as~n' -lJf;'an'~{'~>~:;:uch"'~n,s:uIiln.ceCilrl",ied by l
any unit owner~~l'ix;",i~:::!';:;',i'^'\'1U:;f ' ',,!
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1 i ab.i.l i tyinsurance. cOV~t'~~gC,wjthJnY/lch
tfl() respOllsibi l:i ty of the ot-.'ncr. l!'crl~~or.
). 3 . OWD~:J;":':?__l;~r l:g,:;.~J~J~1.~~:L:L~J~:~'.,-Jgr~.}~:.x.0:..~~.~:.._<2.~~~~~-
men t~'i. 'rile ,1mOurl t. , (.) [ tlw COllU1K'I::S:-:~Cnr;:~~<1~,~;:~,~;,!;?,cl,,[lq<1ln;. t ('<""Iell
condominium unit-. shall b.~ ,the P~~rS()i),]I,a;,1,(}):DL1,i,~LdYiil,/~l:,?t,,()f,the
oY,'ner th€>zco!:. No (J\,'i\cr 'may ext!m~t~,::,J15,:M~~~\f'(rorn~,}iu~i'1'_n:'Y,'for hi~;
contribution to''';,lnJs tIle' c:o;nm()n(~xpcnr;(Js bY~';<\)V{H. of the use or
,enjoyment of nnyof th0. ~':~l.frunon:9:.\QmcrJt~s'or.b)',,01~;ln(l,om:v~n:: of 11is
unit. Halh the noardof Djrnc:tor.:~,(1n~],r.ic1n,1qin(r ;\fr(~nt r;lJ"ll have
tile :rt~s~ons.ibility l.o Llku prOmpL'i}(;:,Li(m to (.~(dl(~(:t allY unpaid
asseSOnlcnt whichrernainr.; u:1paidrnsrg:,than IS c1tlYB from the due clule
for oo.yment thoreof. In t.he eVt'nt,.of default in t.lv, payment. of the
assessment, the unit ol,;rwrshalll:lc,()l?li~rat~cJ,::~o' pay interest at i
the rate ofUvclve pcrcent1Je:,',1'T"l~lj!l1_~':9n, t09,::,il~5?,:unt of the assess.. t
men t from due d21tethcr(!of, t09cpl,~r,\Vith__i\, ll^,~~p~nses,inc~uding ;
a ttol:'n~y I s fees ,~nc~r re~ ~ogc,~her,':i~i,~~,~\19:~i~:"r~',t..r~,:,charges as I
provided by the By-Laws of the i\ssqciatioll."Suit to recS'v~r a i
mo n e y jud g me n t,E 0 ~ 'u n p-~ idc9fT\.1T\()P:" Clxp'e'I)~,c s'~,s b~~~lJe:'~~.," m:i ~n ,tn~n ~:,b 1 e I
w:i:~I~~~0'i~~'~~~~i'iV~,1~\~'f:; ~~4ii~i~;f1~~i~1~;jii.ll~t~if\ti~~~t;Y~~;(;i;:,;}\~,' "~ ,..f. j
""::"":"_i.' , 2,4. ' Asse~:;,?e:n,t Llcn;;~r,;'}\.11,:SlH;'~":~'~_7'C!S'~'e'dbut, unpaid tor
the n.harc of. cblTlIn~.i)'::cx~erl,se:.~'.:P}~it1:,ge~b}~!,'_'~()_"".::i'ny'condoml.niur.1'UI1 it,
sh;;d, J cons t:ltutc, a lien orl~';uch u~'i t"s\i>56r.io'~tt:)all other liens i"
(,~.!ld p.ncl,lnbre"~?C1s",e~pept ori1y for-'",~9~,_a,r:.d"si?',~crarClssessments
1 i en s on :t~~' :', un! .~....'JI1_."'f5~~}'~',:, 9l,any,'~.~ ~ e.~'E/~n,cJ:.nri ~,~/,'~,:~,n,c1" ,<?,1}... ~.t.jrn:::;
tJnpa id or; '_"a'_'~j.)~~t ':n10~'tgn'.J"e:'- (n>"'~ f,r"~'~,:.'$,?~:~:~"?,(!'~'~"u~'f::'9/,",,. ,rcr;o.rci.t ...'
'j inc ludioll 'illl tit1pn.id<?bli~I() t()r.J',<',~~'~'~"::^9~~""'&d}":~h~7'ipr.ov'idc;d'bi 'such
'1 encumln.,;ll':.<"e. T(;):"'dvidencc':-'Sll'ch,lien'/""'thc~":Doard. of Director_~,or
,!'I: t h (; Na n~19 :~".:'\ g ^ 9 ~~.'~' t:..:.sh c:\,~ l"Pt~6p'a,i_~d('~i:r5?f~~~'cr'::'" l~~~_~'-,i;f~:::(3".(': :~,...r?~6~'.,~,,,~s ~s~,-
m0<l t so t t lng fr.:"t',ti1 .t:he ...~11118yn~,,,,C?f,,:'~.~~s,h:'llnp~i~1::-"'~r\,d,~:~:.t:E:dry9ss '. ,....~...~.e<,~.
I: n.,lOUf'lt of thl' ..:ccr'tlcd.fnL'cr6'~,t ',t<;'^~:,.'t:v.:'S),:,\'~ i),?,'~!~S;'hf.'<p'cr 'Clnrnrlnl, (HI'd'
I! l~:te Ci1aJ:geSUH:.:rcC1~'" ,t)l,e.nn,t\1e,:C?,~"~Qe""9~1ri~_J:'-'9,~,',".~)-\e,,,CClndominium . t
il unit. and ~ dc~riDt'i~.r{"p~,"'~,_~h,~,~,":sC;hci9~.f~:i:urn','urlit~""',",~SuCh a notice shall
Ii :)(~ Hi~1fled by OT;o.o,f:thc"' n?,\r'ti::ij'f.',Q:~',ijc'c;t():CZo~i?Y ?!!O,of. t~c, "" I
It of l:_.LCC"I:'s of t~1~~)_,:AssociCllion, ~~. by'~h,SNqnagiflg A~l.c,n~ cJri_(1_,~',~il:l~",1?~,!
j~ r\~~:(irded inLhl:~ ()(~~se',oft~~,:~~er,k.:'.~'n~:,'."'~8<:8~(1.~r_OXp itkin COtln ty. '
!. St,":h lit'n ~~',hall dt'~.ilch'frc'm.the::~rJG9~~:ic:i,a"'t?'''ot~th''e 'assc:ssment... Such:
~l lien may b~ enforce:l.] bythefore~1c>surc:::of..t11e d~f~~~tirlgo"'l,nec' s !
:; ~~"~:~::~~n~~'~p~it~ ~~o~h~h~~f~b;;:~trig;'Mki~;;ti~~n6~..'~'~a~mm~~;;~~~. i
Ii In any 5uch pro~""~ings the.o.w,~'~~~'~~~~'~.r:',b~.;i@llri:e~;~()pay' th,:, I
r1 cos ts, exple:nseS~Clnc. attorney I sf'<:_~',~;:'l,r'i~urr:eg,.:foF,,'{ll~ng . tl ,e. ,llen, .
II and, in tho elJcnt"~)~_,fO~~_~~Ol:)~I",e"p,th~eedings;'"n'll,,Clddi~i()nal costsl,
:. all c:<pensesand 'r~llso,"r'l~lbll~ 'L\ttc:>r:I'ley,:'~,..)~~~.s incurred. TheOt-mer I
f of. .thli~ conc(:'Jmlnium' unit bei~9~,?rec~osed,.ehall be required' to. pay i
(I to the !',ssoc:~nt.ion thcmClli~11_1y' a~,s,9~,B!llellt foX, the condominium unit'
l during the.,;,er~O.::I,of}oreclosure,";:lri<lthc',~:$SOC~i1ti.9r1 shall be . i
!I en ti tIed t(~. ar9cc.i,ye~,;"tCl"c9,~+~9,~,-,:"t,D,~,:;'_~'~rn.e:~, ,," ,'The Associa tion shall;
, have th.', powel:'to !:ad.,,: the conOOmlnJ.umunlt at foreclosure or i
I other 1.ega1 Selle uoa to acquire 'and-'l:bld,"leclsc,m9rtguCjl':,' v9te I
the vo te s . af'p\Jl..t~nqD, t'~'"~C)',;",sr!,ry,ypy .o;",'c.o"~~.l~x~L~:S,',,_9$.~'!:*/~ t~1:'i,J;~D,~.. Stirne . j
^ ny cncnmbrnn99"I''''",h.Old~1. ng ..'.1 ,--1 ~,~ ~..,.,?n :":'p,',-~tl'n?()p'l pi~l~.'~"u,~~,~,:trlCi.Y ....pa~." . bu t
s l.' a 11 n(l t~e .' i: eci,-"i ~~'Cd ,}:c,::;"::"~~~~/i~'~~Y~""(11!Lt;i:::;~~~:~g;Qfulf(~)}:~~;'~~~p"c~<'s'e',s,:'p~a'ya b 1 e :
i':llhrl?s:pecttosuch-",q:,Jt:),-t ikn9 uI',pf,l,:':,~,lll:,~l !?aY:n,~~,~:,"s1Jch enct:~1brancer
:! shall havcu" lien' o-n~ "~:uch.'uni t, f()r-~'t.J1-e'am6urifs- paid" of the . name
;1 rank as Lhe lien of hi,S eI(Gumbr'lr.'.:':d",,:'w.ithO~}t thenscC,ssityof h~lving
;j to r~corcl a~otice,qr,cluim of such'~',).lon>"~" Upon roquest of a . '
morbJi'tgt~eanda t s}l:C__~,1'I1()rtgagee 's,pxpe:',~;{:":I",tl1~^SsoC';') tior~,3!la 11
report'. to the 111ortgagee' of a condominhlrt unit" any unpaid assess-
men ts rCTl1ainingunpl1id,fD::I;,,,Jgnge7 th<lp,t"ler'l ty- Ci.":~1dilYS af tor Lhe
samea,re due; prc>vi?:~(r,h9~cve,r,')~hAt.,'arn()rtgilqei~' shall have
furni:3hcd to the H.'1.'n~g,~n,g ^9?n~ or'to' ~hE'~ not1,~d()f DirEl,C~,:,ors
C'f suchenc,umbrunc9'~:i,i~;:;~-' ., '" ' '" .
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mlnlum tlnlt u> JOint'. "",~por: l'Y,"l~~m:~n!;,' t'.:',tfi(.1 :-ialli1<:J1ng Agent, 0(, If.
'ti1"Crcis nO~llqinq ^0Cllt'/ t.hcn~'to: thc'{';JOard o'e 'DirecLors ()E the l
Association, of a rct!r:Oll<11;lc f,'ic net" t1~~'~"6-x'ct'dd"""1\\.Jl'~'n't'~;;;..;'r.'iVt~ Doll ,:ir~_~:
und UpO:1 the \~'ritlE"1l r0"1l.t~st 'of "'ny'O\~'npr Or Clhy"'m'ortq :'t;':'1;: or- pro~,-
pcctiv~ mort9,H./e0. of d, condornirl1\lm uni l,- ~the i\!:~:;()Cilltion, by an ..
officer. din~l,.~tor or t-Jan<l(Jj1l9 j\(J('nt., '!ih,:;ll fSBtlr} n ,\.,rittc,n stqte- :
I ~ent sctt:inS forth t.he,: a'mount of thi; 'Jnp.,id"nJ~~;c'?G'rn'Crits nnd other j
~harqes, if nny, \d.th l"CSpcct to the 'suhj6(~t uni.l:, \\'hicll !;tatcmc'nt!
.r shnli be cOllclu.!:;ivc upon t.l1c/A's!ip'.:iat.i_o:ti",;tr<rnvor ',oCilll persons I
11 who rely thereo" in good faith. ""Unto"s suoh reql)est for it state.. ,
Ii ment of indebtedness 'sli"a"n~De'"cor:'pYf';,(f'#;::rt);'\.;l'thin fifteen days,
I:" till unpaid common eXI'cns.es'''which ,gec<:>T~Hr due prior to the date 01:
making sueh request shar1"'b(~ sUL,O'rc(i'nti't'c"to the ':rights of the
'! person re'1t1cstin9' stich ,sLD.t,C'ment.., ~..rn(!,grnntec_of,a condominium
I unit shall be jointly and sHvernlly li.ble with the grantor for
Call unpnid assC5sments,: a,ga) nst,,, th(l",,,l;l,t,~.cr _fq~,,'t,hq unp<3. id common I
Ij asscssm0.nts up to the time' of'. t.h'c"g'r,:ln€,'cl'r :conveyance, without
Ii prejUdice to the CJri1l\b~(~1 s right to rc:cfJver. from tl:e grantor the
am.:.)unts paid by the grnnt.ce therefor; prOVIded, lV~lwevcr, that upon
payment of fI reasonable- fee not to cxc:e(~d 'l">I'lenty-r'"'ivc1 Dollurs, as f
Is provided hereinabove, and upon writtf~r't'r(~ql1est"", ~1~1,Y such pros-! II
~; pective gra~tec "shall ~)(:~ entiJl,?_~ 1, ti~'::,;~1~;~~I(te,!::!1'~~_I}l(~~~'_'"t~e,,,,,~~~nagingf
11 Agent, or, J,f there, ls""no Manugu19, 7\9<::;)t?~;lt.ll"(:n,,f:rcm~the DOard?f I
,,! Directors (',f the Assoctat'ion, nett:~ry,~:{'::~?,t,~,~,:,:'tJri-r~:;~in?~,ti,rlt.. o"f th,~",:+:"_,, II
unpaid a!oiscssments, if ,anv, with'respect to" the'"subiect condo- !
fl. . . ' , " , .. , "'>,' _ ' .""",",' , r".", '.,,', "'c"~,,,:--,, , " _ _ ", ' " ' , ,,'_" ~ r
:; mlnium unlt, WhlCh ,r.tatement ~hnl1_ ?,~""c~nctutdve__ 'upon" 'the ASSOCla-1t
,:1 t ion. Unles~; sllch .:reC]ties f lor."''':~l!~~J},,,:,.~:,~~\:.t,p_~<tJT~~~rJ t, ;'~i~~"~,,1,_,,,ge,",~s)mp 1 iee
'~il:l1 within twenty J~ys "fter s(lch l"."1ucst';"'then" 'such requesting I I
i; gr,mt"" shall not be iiabl<i'-for',lliojo'shalr"tno~'(l'n'lt"conveyed by
:; st.:bj(,~:: t: to Cl lil:.'!n,f,or '~n.vunp ,~d,'l:'n'$'.~~~~' ',~'~c'rl't,.~~ttga~"'fI1"s,t"'~ th~e, _~ubj:e ct
! uni~i providcd;""ho\~~\:"~~," that..~,(~'!7,'1ll)g.~.!1~€~~~~i:',S"b~.r!X~,',RS:,'~a~(~mcd. to' " I
i; re11eve n. grantor for ans'essment,::;' due "nr~slng out of the perlod
11 0 f the g,!: ~ n"~,:::~,,,~,,(. ()~!1,:,e. 7~~ P~-k p' .- ,,:', '. Th ~ ''>:',PE~i;'^,~~iJ~~~~_': s ~ ,~,,(~F,9 (~~I~~,,~:j;<~ ~,!,\.~ f< j,,~,~ a I" {
graph shaLl not apply to'^'the lnltla1"sal"s'^and conveyance!. 'of the,
'f ~~~d~~~~;~rr;e~~~~~e~a~~.:~?;e D~~ ~~t~t:zr~S~,,~J~~:~~~i~;i~~~"~~r,:e ;:~~"\
Ii as agreed UPO;'b:D~C:,ci~~~},a~~"'"~~~'ijtk~E\:il{gri,n I
Ji 26. Mortgttqing' a C6ndornirlr~;Et"~~r~"9.~._. 1 I I
II! shall have the right from time to ~ilTlt:!,~_!::o~mI..Ht<Jage or:",e~_cumber hisl t
;1 interest by deed of tru'st, mortgage,-<')l:'"ot~,lg,r,:n,9,c.,uri~/'ins,t.cument. I $
i: A first mOt"tgagc shall be One "which j'l.::i';i.'}.~rst:Land"'p'iH"amOu'nt prior-/ I
H i t:--' under appl lCD-ble 1mv. . The owner a f",a ';tondominium uni"t,,,may !
!i cr:oa ~e" junior mortg~lges', , liens. or ;,_,cn~"l,mbr~,n.cc,_~_t_cn:;,',th';7:,';" foll,o\...ing 1
,condl~7ons: (1) that any such )un,or, ,~o:tgag"s: s\<:>l,l :,al",,:ays b<;>, I J
~i ~~~~~~l~:~~, t~i~,i~a~io~~~ ~~~i;~t~~~~;~~~~ri':f~~~~~:~ri~e~~:~~~~~' '., !
" and other ob1 igations created by tJ-i's b'e'c1"ar'';'tion, the'eertificate:
of Incorporation and the By-T,aws "ot thit'iissQ<:iation;'(2f 'that Eli" I
:i . "'^' ""',"'_ "-ay'1":^i"-{~~>'"." ,',..,"~, _' _" r '_, __'^
mor ttJagcc under any J un~or",m~r t~FHr,}"','sha"ll,";t(d ease, , for the purpose: I'.'
of r?st-0:C!tion :,E any im~)rovcmcnt\. _upon-"thC"',inOrtgilgcd premises, all >,
of )as ughl, Utle 1nd llileresl 111 'amI to the procp.eds under all! f
insurance pol i c i cs ",llpon "sa id prc~li,t~Cs,.by U:}(~.. ,~s,,~()c:iu.tion. Such" _ ,,; ,
.~ r'eleasc shall be fHtnisl,1ccl forth~vith by '(1' 'ju'nlo,r'Vmortg'agce "..upor('*"~-."i
r. writtM requ.~st of .or::,o:,"!",'2r(!~:o,\;,,~he; m,~"!b,,,rs,.~f, t~e ,~oaidof ''';,;,1
" Hanagers of the ^ssoc,at,on, and, if such re'lUest'ls not' granted,
; such" relcC\sp. mny ,b'e: ;:~x:c..qu,tC.-Sl"",bi' ',t" '"(t~ 'Y'soeln tJ6'ii~1d!ib~~'tt~'r~ii'c"< '~iri^~':\,(,~,,-,_,I
factfor2;~cl:~':r&~f:f':~rW~;~;;:~6rn _ n- .1C . ' c ar~tion ~'I I~;:
il aOE;- S h~reby,: rr:~k,?, ,_I~~~~~]ry'" ~tt0f;:.Gy.g,~~,qJ,~,:'<<f.l-p'6irrt,~(in t','bf'''itcin'''~a'tto''in'lyr-''-;;:.~:'
ir.-f~ct to dC',,1 "ith 'the proper tv '\Ioon"its destruction' for repair', I "1,
"!,t. recons t.:-uction, 0'( obsolescence ..;::""">'c!h-';~;'~f?~~:~:,,>y,""h'i::,:~",GJ',~::;~,~,""~ ~'l ~~;,r'l:
I' , , , '! .,
' "'" ' ":"'~>>~'~' ~ y'~,~~:,:,1\;'y:,;~tf.;~::;:. '.
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II Title to ttny coridominium uni'.. in i1cciar~d ~nd{ "~xpt"css "I
!: made subjec t to the t'~rms uno cond i t ions here,of,' '" ,nnd n:., c,ct-tance_,,, bf~
1, nny gr~ntcc-~ of n, dC':fl o~ 6~h6r- iri3tI7ur:rerft":'of"'c(),nv'cY:Jn~-:t ,frp~"..~lu1~"~, 1
I " '" '.',' ,"::" l;"~iit~~t~t;?}riK~"~J':'I'/?'''"'1
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Dct:larunl or [rom tll1"1 \)w'llQr~1r qr.ll,IL(Jr0}1~llt, (:orl~;\i:!:Vt~9<lppoi.ntment
of t~c at:.:orncy-in-f.H:t,fICl(cin !)rovid(~d~ "'1\11: of"tJl;~ n.~.i)'l~r~i irrcvo:'
cably congtituLc nnd nppoint the J\s:'OC~Lltion their ,true ,1nd 1,n\'fu.\1
.:.tLorn~",' in their nuIilC, plaGc.1:1(l,:~~,(',.1,~J__(PJ:",_Ulq purpcls0 of d(>i\l-~
ing v:i tt) the property upon its (lestr\1(':tf,,'('):'6r ()b!'io10,sc.:(!n~:H~ as is r
hcreinaft0r' provi.ded. As ,1ttorni2y-in-fnc'l", the l\~:,;..oci'ltion, by,:
its Prcsi,lcp' ~1nd S("cretat'y or ^~;:;},SL;,Pll Sc(;r(!liiry, nhalJ havu full
and complcU! authori.zntion, ,roiCj!ll nnclpo.,.,~~r to ma~,~:, e~~cctlt:e i1ncJ r
eielivcr .:1ny c0ntract., deed ,OI""':lllY t\tIH~.~'..+J~;,t.',rumcr\t.::;vri.th....ref.;rcct ~
to the interest of iI, conc1crnillium tJ111 t'owncr' ...,hich iire ,ne<::f~SSctry nn(;
!' J:pprop:r.i.atc to t.~xcr.cisc the pOh'c:rs herein qrantrjd. nepair i'lnd roe-I"
Ii construction o[ the improv,~mcnL(s) ,~s uS'?cl in the.s:'.lcccedi:ig sub-
1i paragr:,:;~)hs mCHns restoring the impr\)vcment(n) t.o substantially the:
II same condition in which they exlntetl pri.()r to thec"li1mage, \,'ith each
, unit and the 0'en(~r.:ll <<nd .limited cOnLmon:,e;,~ril9'f1~s,h:A..~,,~:n9 subs tan- f
I' tiedly the same ~.('rt~,Cillaf1d horiz.o_I"\,~7,r.t,~q'e"t{.f,,1~,~;E.i,9:;;h?\~.:._;.;'?~i.{S,~:~.:, ,.,The 1
Ii proceeds of any 1nsll"t.~nc:_~,'-c:ollectl::!d~;ha~~.l?e..'.av.:nla91~1",to the Asso-
11 clation for the purpose 'of .r(-~pai'Ii,:'-re:;t.or2'l~$:on, rl~C(:>ns',';ru'ct.ioZ1 or
i~ reolacen'ents ll.',less the o''''nnrs and C\lt f;rstrno1."tgu-gee~: 'ugrcunot
;1 to. rebui ld in clccordance t.he prt'~v'i'si6ns SEll: forth her.inafter
"'i' -.'" .' ':';::'i'o,tt,~{;\,\:6~;1!i;+::':):~::,i:dh:~~:;>ij~f;'~j1~ri'~Y\'~
(a) In the ev,c;nt of dC1m':Hf'e:'or_d8Sl:ruc'Eion'du.e" to
[t fire Ot- other- disast.er, thE! insurctnCn.fJrOC(~E'!dSj if,,~l)~fAC~?r1tto"
.1 reconstruc~ the improvement(s), shall_"iieapplicc] by thel\ssociatlon,
;1 as a ttorne'l- 1n- Ene t, ,to!iUc;ll,,_t"(~So.r.\,~,~EH<tipn,-,",';)nd:t~,-~imprc.vement (s)
sha 11 be pi: mnn tly rt.'l">Z! ired" .~':l~',~.?',~'(~"~'t,,'t~;.1(~ t(~8,~ ",~r!';:cC '~ssoc ia tion . '
shall. have fui lau th~r,i ~,y,',,>:ight '''finCl''''''i)',?;i'~~r::'r'':~':~.n,~~<?rp~y 7in.~f_a"c~
to caU!-iC the repai:: and re'storut.ion'.of. th~~::imp'r6veme'nts}~'i~;S\-~"":'Pf;:;>;?;-:s'0,'~
II ,;':'...... ......;C}>J,-.:::,~,'.,:. '.::' ......,.:,';:..,':::'.?~::+~ii~i~'} +"9~:jf~1;i~{iiVi,~:';!}~~1~1R\t{'~k~,iJl!J;,~1i~'~jiV!~,~!.'t,rt'
H (b) If th~~ 'in$U1:',c1ncc\proc(~lc,;1,Si1r:p';,in~uff~~rCl'1t' to"'"
;;repair an1 recoils truct tllc. impr~vc~7ri..~ (sJ,~,~rH!....J(" s~)c_h_,_dC:lrna~c is
, not mora than sixty percent Ot all "6'::lh;'"..cp'ndo!~inJu!t1 ur8its (tl1e
:i \vhole propI2rty), notincl,uding lund, such':'?arrlaqeOrdt:!:struction
!: shu 11 b"? pr~'om!Jtly rcpfl ired nnd recons tru(;tqd by th-n'Associn tion,
. ~~e~; t~~n~:;- ;~~~~~~~h~S~~'1b;h~,,~~O~~~~.!~. \~fa..,..~. ~.' ;~Y~~.ee.~~.~,,~~e a~~o- I
thei r condomin it'm uni ts. Such def icicncy"'its's'e"s's'm5n:t"'"'i:>11D.T1" be a
COmr:lon expense tlnu m~dc P.["o ra ta nccord ing ,t?",C~C,~ own~rlspercen-I
:1 lage interest in the gcne'ral cOrt1IJ'?ryelernent.s, andsh'all' be' due arid
~I pa y a b ~ c \:' i th i n thirty d a Y5, a.~,~.I=l::;","~ ~"~,,!;,~,~rL.,E!i?}:A~5:;:8,;,,;~,"~?:r~~(.),r:~,,\,~.,:,~l}e""....>,.
II Assocla tlon shall have full authorl ty ,_.,.t"lg~h~','andp~.,~el:'/':"ias""attor,ry,ey_
,~in-felet, t.o Cut'$e the repair or.r,estorat~~noJ: the,'imorovement(s) I
i; using all of the insuran(:~'proceeds fOl:,15t~c:h PU~p(),S"n;~1c>~~"i~hstal1cl-
!i ing the failure of an" O\"ner"to pay.,,,~~I~:'~;~$=e':'~,1ll.$,p>.~~,~',~}:~'~h~.;1~sessment
11 p:.ovided f?r. h~rci~ shall be,ilCIebt'()f:e,~c~)1"'6wn~eJ."',:,'~ry~1"_~:.~J"'~.711 ~m" !
hlS condom:..nlum unl t and may be enforced ('In<l coll(!ctcl~lus lS . I
; provided in pa rngraph 24. In ndqi tion tl:,~;;-n~o" the A,:;s;o<:ia~ion, as
.:: attorney-i~-~act, ~hall h"v(!the"bsolu~eI"ightancl p<;)w~rtOJ;"lll
' the condOmlnltHt' unlt .ofany owner"'rcfll~.lng'or,~niling :'to' pay 'such ,
de f iciencynss(H.smen t wi t.~.i~ thet:i~e provid~d ,"and~, Lf. not so pa id,
the Associ.1tion sh.11~ caus" to.be r"eord"9..il. notice ~h~t.tb'"condc>1. .
minitun unit of the delinq~ent "wnet'.~hnll be sold lJY tfiel"jsc>ci,,~. !
t ion, uS fl t torn~y- in- fac t".' 'pursti.:l'i1ft~~-9:::'t~e~Jrfov~s'~ory~_'.\~.f:'?~t.h i',~':{pirr31
9 ru ph. . . . The,,(l~li nq'1~~t .' (;\vn\1rr.h~ilr:borcq\i'i'~cd~;'~o:;:~~Wy'"' t?0",~i1,~,2^,.., .-';" I
i A'ssocin tion the co~; ts,. und,expens~,s";,.for,:~_.i.~~riq ....thf),~o'~ice~~;.'::inte.::.e'st
':at the r.1te of eight per~"'n.t!'7~'nnnll~n6i1the>nmc>(\ntc>f the.. 'I
;:il ~r.essmen t nnd . all ,r~,~~,on~pJ~,.pt~()tri€'y t sO'fe9'~':' ., '':r~.:\~' 'procc:e'<fs'" .,',
'derived from the sale oE'sf.:'ch:condor~tinium urdt shntl be used and ;
disbllrsed r.~' "he ^snociation, as tlttcrncy-in-E,:J,ct, 11n the I
follo\v in\~ order: _ ~t~:,n.p,,~~'t!tK~ *11'~~4;~~1!"i*'}I",1,~i~f""''<:~~~~f,'9'"''''~-'.:~f1,;Ji'~ "/v '\,t""ii:
,I, . ....' ""~~td """",,:~~"" ~), tlj *~";;4t'i1iff',~'" ,>?r"""'~IJ'.)i~;,I'!r:?,#l-"~%.,9i:;'.,?;' .~, ...,~~
"'-<. ~""'r""'" ,'''.'' ,.," JU,'\ !(\\J,*,,'f"~lIiii'll4"U~0,~~~f.%i2",\1'0i--<f~~'i't."' <i i P ,,' ,q;,,,
(i) For t of t~xes and special a~s.~s3mants ,
35"7 669
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liCI1~ in fi1vor of nny uSS('8s.inq Cnti.tY(lhd UK~ ctl$tomary 0xpcn5C?
of s.:"lc:
,
(ii) For p~yment of the b~lancc of th~ ~icn of any
firf3t morLg,1ge;
(i.i.i)F(lr p':lymontof unpidd
cas ts, expenses and fc;\~s incurred by
(ivlF'?t 1?(1y~\?nt of junior
! in the order of and to the ext.ent of
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!' {v} The, b<l\8:t1~,C",,:r;,~,r.l':lAni,r:'g, sr.:.;ill be paid
P to the condominium uni~ o~~ei. . . .
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(c) If the in~.l1r.:lncc procec(.i~nrcinsl1,{~icient to repair
ii ~~~e r~~~~s=f.~~~ ~~~c~~~a~~d a~~p~~v~~'~n~l~~~m:~~u~fu~~~~ ~~~~ge is I
Ii whole property), not includinC] land, tt,nc:l.<}f tl1l2_.,,().....r1eF~,representin~
l~ ~~ecl~~~:~~,ic c~~~~~,s~t~m~ri~~r~~,t.n6~.,0~i~~,,~rii,il~~~'t,1~~in O~"l~ore ,of J
hundred days thercnftcr, make, proyisiol)~',lor, J,"ecc'nstr~<Lion~, whic~1
" plan mus l havr.~ the unan i1noUS c1pprovu I C?l""con!.ient ..ofcyery f.:i rs t !
;! mortgagee., the A~;s.ocil1tion shatl f\.)rt.h'''lt.h... rcco.l'"d...a r1()_tiC..~ r;et.. ting"
I! forth such fnct or facts, and Upoti.thc'rec::ordingof such not ice
by the Association's President QllllS~crritnryor A~sistant S~6re- :
Ii ~!~~~~~~~~;~ ~:~~o~~~:F~,~!~!~~~;~~:t~~ilhf.~~~.~.~.~ ~::s:;h~i~~~~;a- I
contC1ined in this Declaration, t:hC~N<1p""an'a 'tlle,"By'~I.,~,wS",,"l'hE: ....., 1
i! i~surar.cc settlel'nen~[l'~9g,?~PS,,~t,'a?~11?~.PP_!1~S,~'3c1:b:l,~H?,~ss:c:J~;ia- 1
i! ~~~:~~ :~;c~ :~~ ~~~~~:if i~;~~.~~~ii{~~{~:~~j~~~~~~:y~~~~~t~~~1~~1:o.rd j'
i; accoun ts, ~ach such. ~lCcoun trep?'t~~U':~ ti~Q~,~_ep_~,9~,:,.t,h~ ,P8n.q.9Irl~,,!1i ~"..,' i
units. Each suChaC?Ollnt sha~1",I?~"~n',,,:~he'~':".1~~4,(~,c,,:.9f .,~h9:,~ss()ciCl tl,<?'I1"
. and shall be further. idcntifiedb,(tne"Condomir,;uli1. un'itdf'siqnaHon
and t~e name of th,e owner.. 'FI"orr(each':);;~Hparatc,ac::,<;()tmtthe, ,?,-::-sociaf
tion, as attorney-ji1-fact, shall' fp.:t"t:.l-1wit:11 use 'anc'idisburse~he I
i: ~~~a~c~~~~~t tlO~n~~'~~~ "o~o~~~~ ~~~O~~;~ia~~i;~()t~I~,;g~M~~~ibt ~~~ml
;; lien of any first mortgage againstthecondomi.~,lium unit.t'eprescnte9.
by such separa te aC,coun t. Each;~uc~,Clqcntlnt ~l};l_~l b~.!;~PPlc;nent,edj
by the apportio!'e:d i~m(:)'1nt,9ftl1" proceeds obtained from .th" . sale ,
:f of the entice i::r.opel~ty. Such apportionment shilll be bas'ed U?\)r}'
,
:1 each condominium unit owner! s PC'rccntage'}n,t.,~r0s~"irl the general
common elements. T'~letctal funds of each account' $hall be used
anu disbursed, wi.t~.)ut contribution from 6'.neClccount to another,
by the Association, !l~att:orney-in-fact,. ,for t,tt,e;3<'1!":1c pUr.pOS~B" I
and in the same order .'s is prov.ld".d in sllbparagr'a?h (b) (i) through
(v) of this paragra?h. !
I ( the OWnCl:n ::",cprcscm ling .on aggr0.gLl tc ". ovlri(~lship interest!
of f i fty.~one pcrccn t ,~r)!lor,0, ofthc",g:n,e,r:,~)_:"c:,P~'1l.<?n,"rJ.~men t!; !
lfdotJt a plan for rnco~:-:'tructio:1""Wh~ch-'i)li~,n,-'hi:l'S'"',~.iI,~l.;r\nn,~m()u,~,,:',:',' , I
aoorov(1l of all firstmortgagce~~', 'thcn"alr"bf~tne'*owners 's'haii"l)e.' j
bo~ n d' by the te rms"'a ng" o:t he r'. i)r'6v' i's~r:o'n~~:~!O:'~'~'1~rS"~~p'~:~'n~,~T"'~'~~Y'~'a"s'~;e ~_~-'~ 1
men t made in cOI1.'nE;ic:,~:!?t~;:~i,~tl ,:s~,l.cl:" P~UI1:;~~,~,,1._t;)):~:~~_~C?~:S?,~ "axpens((" I
ana mude pro rata{1scord~ng, t,?_;,>~A,f":l},.,9~n"e!',':s: p~rpf~ntil:.9~,"~n ter,est:: J
in t~e general comrnon el~r~,~~,;~t,~~;'4~,~~!,'~}i~.lt,':::,;~~.:::,~1'~,~,:::i(ry~" payabl~'-Z\s: '" ;
provlded by t~e 't.~rm$.S?J:,,~_nch pln,01:~.,:,9l~~_~};t~S"~",,S?P~?,,~",than t:hlrty. -"f;
days after wrlttf~n not19c tl1ereof.~t'",'rhe,?\s~,oc).atlo.n~,h,all have 1
fu 11 au thar i ty,.:- ig~t,,~n~~, po'w~~r, as' n t.tCirncy'*- in'''';fiu:t,' to c~~I.Sie, ~h~'
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r~pair or rcstorntt', 0, 1m. ,_. , (J'l1 0': . ')(~", ~nsurn:.nc:e':;""
roc c ed s f 6 r ,.,,"s 'Ucl1~',v'~rtr'~Og':r\'no fJ1.rrj'rn~:[1in~fTn?!.~1. ~~'\f:~il,fl'!-c!~7)~f~rn ~'f:o\';n c r ' ^"
~o pni the a s"cS'lfm~n t ::'.""Tile"';t'S'sc'!i;!fiil~;li;t'<YiJt>v fd@~tor': h~rci:;,t'Zhil 1r-""1
be a debt 0 f c~c;h, o\.n,~'~:~:'a,~:d'4H1iJIcrt~:i~<;.ifi~:ht's:::" t:o:6d,~~:ff1~r~'m;o'.'\~"rrrf'i:::a~n:a"",,_:""'"1
may be cn forced~:and ."d,6'11,'eYt~~'~3*~~ff~~'~"Vs?P't;~\1>~(i,9~r.'}~',~-:P':,;',r~~gf'.i'P,}l" 24, ~',">~~ I n 1
cJdd 1 t ion the'no! t'o'-: ~ thq.,":~.~,f:'O(~ i'll' t).o::;"~"~i';~t~:0,..~:\~(or~i1~;Y7.t n':'filc,t," nha 11" ha vo I'
the absolute 'right and, po.....cr:, to,','~,?1,~~'Ch.c_",00ndG!l}Jrd.um'llnit of ar:y
o\..nc~ refusing ~r fa~lin9 t,<?"',~,ilV'_c:~]!i~~,':~::2:,~:ry,,(;'::>~.P;1,S:~1,.t,~.,\,~itt~,i.,:, _,the }:}~IJ.. '
prov~dcd, and, If no t,,,,s"-" pn~,(1~, :tbc.,_,l\_:~,~:O'c:lnt.loll !~!1nll, caUfIC "to,,:b(~
recorded a notice th>dC'''''tflC' 'con'clom:rh':rtlWI~j'ln.E'""o'~}lrtt''tlc~lJ..'n"(i'u'chf''''""\Y"':'1 I
' ' , ." ""'"--''"''''"'t,,,,,,~,,i,li:$ii,'.;''''''' '-:';A' ,'." """'''''''''''''''''''-,'';'' '" '
oyme:: shall b,e sold by th~, "1)s.F0e,,ltlL.l~n~-~..::: ",.,'f.ll,~:--:dc), lnq~l€:n.t.: ~.~ner' shnll
be required to pay to, th(L:,lCS~o~_i,n~t}9'n~~~t,'f:e":::"c'os't!r"'_ai-i'd'~~&y'lp'l~n~'c:~( f()r I
f i 1 in 9 the not ice s , ": i Ate r,e ,~,,~~~;E,-}:~~,"~!1..g:!,?!s~;~q\~,,:'~C:f:~i'~:~Pft~s ~;,~,('p~ ~ . ',:' 1
annum on th,e nmount of the asse'ssm'dnt~-and'al1',rcasona61e, attorney's
fe:s. ,'fhe procecds:"''d,e'r f7"e'd "'f'ro_nt:~'E~?:;~!~~?~~,:',~~~~:€~:Si'~:~~:~,?m'{i1:i\;?:1': ,',:. I
~n 1 t :;;;h.:1 11 ~e y~ec1" arid. "dl~S;R"u:_s,8.P. ,1;>Y ...~~h.~: ,J:.s;~,9~~}<1 t~,7,c>~, <",~~:~,,~n,_~t'?,:C:"DPY- I
1n-fil~t. for pnr,a~,,(J,;r~il,~i~f~~_%a\$~~~~~i';;t;~~;~;~~fg~:~,I;3c:~;;l. I
','.. ..., Cd) The 0"..ner:s"'_'~'cpre.scIi{lng":arf.::a9greg'at:.e '(~.wn,ershlP:.:,pf..>~.o;-: I
sevt;:nty rercen t, or''''(tbr-ct;'''of "the"C-gene'l?ar"'commo'nl';'''~l'cm(in ts" may <:'::'("'"~:\~<:'''
ag ree th~ t"'\ he~';"c~e'n'~-'?i.:i ':':c6mn&;(n!i;~'Iein'en t's~i"'ai~'e' 'obs"'ote't'c~"o~~_\'n'd "'lrdopt~;,~.~;,i
p 1 a 11 f 0 ,r. the" re n',f~w a 1 :":Ia 'nd'~, r€:c-~ I)( s' tl::'uc',.tt"-Otl+'~~.~,~.h' i ~ h''',~'jp fii"i:i':'~'ha-s,"'" t h'e. .:-ur;:'::~'4e I
'onimous approval.",of'..'u11."'fj ~',in:'fi.tif6tl:g'agEres,i::6'f'~'i.e_~b'r'd .~"a t:t"tnckt"'t'rrrie"'o"i I
the a do p t i 0 rtf'>6 ({;";\'p,'uc}r-'"tpfa"r1'?:J:~':;')<ivr~"f la"ri~';l;o'~~'t'l~"ci~:fg'ir~dfa l'o/ibF"~'r~:e'c;(j-'H !<~,~' I
. " 'd.' ,." ''''d' ',. . ""'"",""e'" . 'h.'f'!!!'l.'....~'.'..h'..'.l.'''-''.....".~'.,.;.'d....J'''''..''d''., '.
struct~on ~s'a (J.ptE:.~' ,: not~ce',o ;(DUe tp ,an',;.s a.I. 'oe""rc'c'ot e,', i',an ,--..',!:he..' .
ex pe nee 0 f rEm ew ~ f" ,iintf"-r-e~c9'r{~' E'H.l~.;l~fo11'"f t'h*aTr"'~J3'e'ff.~~~1a$'*1~:'~'I)y"~,S' :r'f; ':6.f ". I .
the OT,<li1 c rs Cl H "'co'm.rnbr1'~f-~:;pb'1l~re:~f:t~v,~,i~,\!,~(J~~irl;:h~~~~~t-~:'(:'~'~i~r~"~~~~'~;;P,~-i~'~::. :~: ":': .1 :1,
not il p:1 rty, to S'.1Ch pt,':ln' for "rcrH:\1.t-llf:~d;' i\:bcc>:"is true tlo'n"':'m~':t" 'g i ve:' ';j' i;' 'I"
wr i t ten', noticc{,;:ito' ,'the;t,A"~'s-6c{a ti6{r,~i0ftLrrr"'''ti't'tc:en':_if'd:1y~sta''~ t~,e"'t:'fi'~":c,F"':
d ate 0 f' 'a d 09 ~ fo:~."~'c\:f:' :S'H'9,h~i'!)ldl'{"~'~ii~g;:i~:[C~. rj,~~.r(.:~~,',~l~)~,,'~}~'~: ~'Pt'{'rch"~'(~~e:~':',,:;- I ",
by the !I"sOC1:ltlOn for the facr Jr., ,'ker :,value lhore'of,." Th'e. !lssoc l"~ I
t ion shilll.,;th.cn. hav.c _"t'hi r.ty, 'd.:lys~~4'( ,~.1Uii'~l:rtc>r)'~',~t,lt:F;J'~"t(;~hr(;h,:~to"" cancel
such plan. -"" :(f'.' such 'i11a.Ii'\ is '''':1,9'~:~~ri~.?,{~i,;A~~',~':'.,,~9:~i:::~~'o~~~8~~~~:hip,I2,,'~'.,~:n.~ t ~:',,' I
()f thE;~ request~ng O\vne,r. s11aLl.' b(~_~,PUi.Chr:'E;cd_-nccp,:rd,l,n,gf."tO">t!th:~ foll()w-
i:n procedures. . If,,' sli'c'}{ "Cn~Jrll~~r-: ai1(~,:,.:tl.~:,,'V l\s'soc i'ii,~,'roi1~~.'can,&~~a'C:jfe'(IWcrri~'\;hk
fJ.lr market va lue. thereof ~ th~ri':'",<lHfc_Iijl/;\le~:,<',,~',ha'~ r:?Br~:b"Crrf13~'m."n.~'-~e.(r:.7,~~:.:,1
;: w}. thin th ir ty' dnys. thcre,~ f,ter .,,-"j.'>T.'t"~.Lfl.~_:ip~ftl,~_s~~~r15~'~:u,nW.~le _:.'f.d~\\aa.re\~~
'j t';1~~ c!..1.tc 'when ej ther pa't"ty" no"ti.f1Es~~th(t:"oth'E\':c>''!fn/;'itt<~he-:.;t'6r,:,~.rt''1s'~~/:<'-' I
11 u, nab J., e ~ 0 a 9 r €I.e' ",w.i ~ h_" ",~ ~-S: ,:2J~6~!::~:~{1,~:;;~!?~~~::;',tl1~~:::X~"~_,2';~~:i(c:'~T:Et~~~~~,d~~'fe:~7."~"~"
Ii, from whlch D.II i?ct'.'!od,~ .of "tlme .:mcntlorr'ad_, }~e!t'2',~n ~hall'- ,iJE!. m':asu,~,\,",L I t
Nithin ten dny-s fOllC'.dng.'thet"fcor\Tlfcrr'6~'iWB<f\e:,jJte~!h:C'l1cn~""l-'oar'tV'~csh~J l I
I) nomina te in Wl~ i t.ing "(a'it'J' 9 ivet"'noE.r(~c:?~"r~{"S-lJb'h"':"n"~rnJnaJt).on" \:n the ot".h~ ,..11
Ii party) an apprl.'iser," If e,it.h'er." partY:-.fails":,to,,._,maY~e,. such il nomina.'~
lj tion, the _ appraiser nomina rC,d.. :,~h_'a~l"',"wit:_~}-Li,n, ,',';,.-~,ve": <19ys7, afte,r _ d.e~ilul t:" I
!'I;j by th7 oth~r party, apPo,in's," anci"iI1~,~~'R~:~:~:?~w:J.l)<~,~:l,li':,:,.-~'!l2,~l:.'<=,,~ ~"_~o",,-,'~~~v., ",:,,,,! J >",,:_, \'_ i'
appralHer. I f the t~.o. <.1~S1.9nn te'd,:'~o,t.',',;,'1;'a1f:~t'e(1~1:,h~frt'ai!I,,~rs' --.ar'~,"~'uh:a'Rle I"k' ",o/'.t. ,j\ii
to ilgrfle. thc'{ "hilllJp"pol~.t,!,not$e:i;'1rfPl~f.;'l.s"r'.~.obe)"umiih'c'.bet""ch ;;q~.t
'I them, if they. C<\'~ i,gr(;~':~n:l::};~'eh,'pcr!~0.~':1. )'~~;.:~l1~~i~~~~i'naDle<O .tCl:.tlgr"".;~.::,;,":..,,;.~.:~..'~.:,~.~..,'~.."
l~ upon such umrJl r~ ;_v,n,Cl~c~" ~.ppf a ~s~ ~~'''',p~e'v ~.9U:~,:] :y:,';c1tjp.o,i"ri fed:, ,sha ,~l~i' n'()rrti:-! , "__:_ c_
11 na te t~..,o'" apprai s'el.~;s!i^ ~:eitfcti,'_o~f~.:wn'.ori1_ ~s'J~.xrl'\b~('~"'?'~i~'{-"rfcensed :~' ('in:~,,:,t;;,q'{,"';:;;,"::'-'''''II '"..J'il.i;;Y,';>:;':
i C 1 d) l-"~' "'"to; .t' "'--b"": ..:' "'e'_"fl"':'Y{J:;)fr'~"'l"'",~.!;.:(.w~),"""':t'4:;'!"wt!'f!:,.;.'<;i>d":''''~f'''"""""~.."' h,-,.<-"..,,!j,,'.ry,('I?~fr,~,~")' _,!_,;.;\.':11.:ti.,~,,"~,:
"', / .(:> orn 0 'r~a "'~S '.:i't e' "cot\er::'o.r .sa €!st',erson','\tt(lh r'om:'t e"names __ , .~":"('('~
.~;, :;;:.if\.~,:;r () f th e f au r. i1i)"p fa" i s'e'i;s'~'~:1f~~rn'f~,~>i-'(~'(rc'; cS'f{~'~~:ha iX;';w~,c:'~ d r?iw'ir~ ,6'y""lo'f' -b;'; _ ,'.. ,{ ,,~'~L.
':.1 any j ud 9 01'.o.~ ,,'"~..~ y. . :-!:.P,~~"t;,'~:::~i;;,::r,.~t~~:9,t*g;'::1,n~,:..S2~:~rf~~~fo':'-(,:~_ r;~_~~:Sh ~~:::,ti~m,~_ ,: ;;.q~::,~~ ~~'~:'i :' I ' '0 '
' ~ra\om sha. 1 b'; such umlnJ;:e;,:;; ,Tbf':})!>,,!\~.n!'t:.~ir):~.:S!;:.o,l]l;;!tbom. th~, umplre i!!=~~~
~s . to be, dra\'~_~" ,bY,,,}_~;~,',,#~,~.,.~~.~~,t,,,_b>~,)"~.7' ~~bil}.,t.,~ ~e(!,;;,~~,;\tl~:,l:,U:'"t~r}.,.,.9ay!.; '"p~::._ t,he, :-:',%~2':'i
filllure of the ,t~o,.:apl?r.:iAnf1t.-sv .t.d;,':"1tcJtdb~'~,Wh:L'J.fi;~',:'in,"1'a'riY~"~'/'a,h_t::~, .,~ih~.:'l'
not be .1n tar than::'t:we.n;~f:,cTS~!?~,:~f9l~1Iq:;.;rD~{.:~t(i~(~;r;)~~:;-r.r.o:'.i.;,~t:men.i: :of.., ,'the""K,i'-~:;, I
second appra iser,.:zf,~, The" nl~'ci$i6t~~~o~L~~.,:t15'Ci"~";"i'Pt)l?';.lis\~~("so/i,I\'Ns'Xif},1t'O:'" ti-ie",";..ta'fr~:, ./, I
ma r k e t val'.1 ii ,. or/f fn' "..tfie.f9tfd~ci'~~;1"~'€!re~i.' r~'a.l sia~ ij~~e'~:nfeffKt' tl\e'rr'::s'u't:'h\~I~1i1,>'. 'I':'':'''''~' (':"
dec i s ion ,:' 0 f,,-" th'e~'~ti-n,;~'rre,:;':~-:tn'~1 f l:>f'l'f~{,i;'ft'n~;fl~a':i~'?t~'b 'iii'a'fn'r "h~~~,t~'n'1ii~~~~"' ,<':" '.-
and te e s<> 0' ::'..~"'ii'uc ~'M a ~ pr Q'.{ S N~"s\::'~ h:a'rtl;~"IJ~e':'fl3d'rrt~J~,;,~Otit'faYf~ c: y ".t]1~~k~~s6~c'i a - j ,::,
'- t io n ,'nd"" the." ~ OttD':e;: ~ ;:-.~, ~r 11 e jilklJt~:":.'s'fi:aY'r~S"'a~otf~f{iffirrL:d:i1'd "'''\:/ rEnl'n~'f rtFe~tl l,~/{,,: ~
d.., y s t h 6 r e',i t tc i';""lihcf "'It he")(""~'- "o, ""'''''1j-~'*'"if'~.:'>>'''~~~~E'0''e",~,~':t''' "'~C!r..;"d' ,ib't'~;'~::S ha"'i' ".~.t.,.." J '. ,~
';':':~-",!,<:,'_:~~'~"';:'~:~;~:i~\ . , " :'.> , !.' ;;~: t'r., J j
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disburse such 'prt)(~\~(~d~; f6r '''Lhl.~' :~;I"m(~';"i"/t:l"r~():1f:'~; .,l'l'(f' '.'i'n"""t.h';' r;,linc
as is provid(~d ill nll,lp,lrd(;!l'i\ph pJ} (,U.o>~,JJ1XOlH,:h lV) 'of this
.' para'grnph, e:-:ccpt: ('\!: r.:o<1i.fi0d 111:'n~in;:'- ":,
"y
(0) The O'dnCr,l." rcpn'f'>::'"rlt ~:)rJ "i'Pt',~V:9'jf~cJ'Jl.(' owne_~,~,h,ip
interest or ~;l'Vl~tlty pl"rC('llL,:"or~lii()":r~i:"~~(;r,,:,t II,',; lJ(;ncr-nl,~:Uq5)rT)~.on:
li clements !n.:lY ugr(w' thut the, c:on{lO~ll,fld,UITfl"u~rl.1. L3,",<'1'1~,<{,:'{,;bs"o_ict.cl 'o,~d ,thc1t \
!i the Uilmc should lJ(~ gold. "~llch" 1\1 h"t{~nltrtr,t":Jl""l'V'(;"'3 i}j'0~')'i,n~'0' imollti ap'[)rov~~
:1 of every first 1:lortCJ"1g~)(-~. tn ~uC:h(,.i'I)',H~,~~C(~,..,tl/?,/~~~,,8,~.t~tio~ "shi.lll: i
:1 fortl1\dth record a nollC0 Hcttll,l<l",Jl..)t-l;h,,':Sl,WI! f:IC,t. 6r' 'r~1eLn, Clod lIpor
it the reCOnHIl(J or f.:tlch :1l'QllCC b~."'[r~('1'\"^~'n'"o'c{lt.'i(Hl"l; President. Hod : ;
!( Secretary or" t\ssi~tq~t SCtTc:t{try;' ',thc~ c:~,li.rc ?!:eTXs,e!3,,~!1.i)l~ b~,' [,
'II sold by the I\s~;oc~atlon, ,ar. ,n,ttp,rn,q:r~'~n.....f"nl::t .fox ,~ll"of.. the",_()~ners,
free and clear of: the :prbvi:::~.ons__,'lt(;dnt~r,!1C_~ ::in"'"'Ehls""'o.~clilrati6ri, !
\1 the Map and the ny-t,aws ;'" .', The' 5.11 'i~S' r~2'c)ccc~15 '~h'n'll'" be '"5pP0rt toned I .
:1 between the Q',';rlcrs on the b~'sb; 'of cil(;h pwncrl's pcr.ccr~~aqe intcrest;,
1] in the genernl common :ch'menLn,', n':~c1 ,~\~~r',,~,o~ort:i'~~~,cd,'p'i()CC'l!l~6' Shallll
~j be pa id into s<;pllra to ,e:C:~,,?llnts, (>~:,~'l}~'i.~'~'U}~~ 1.,.",.l(;C,~Qy!:<"~,,,..:,l'cprcscnt lngOne,! ,
It;1 condor:'in~llm un~t. Euch such ilCCO\lnt,~:,f.~51,;t, b~ ;.In, th~~,nc1me o~ _tr.e I
Assoc1.at1.on nnd 5l'H'lll be f'\'lrt""2r'ldentlflcd by the condominlUIn !
I~ unit designated und the 11'<1r:10 o'f"'th"c':'owr{~"r".o;':':'.f'rom each ,SeplH'i1te !
1'1 "
account the Associiltion, as attorncY~,in~fact; shall',6i~ ~nd di~burt~
Ii the total i'lmOllnt (of cclch) of ~illCh' .,'r::~o.unfr;',,' without ::ontribution ; i
il ~~~~r o~~ ~~C~~~~\~~d a~~ t~~(,~" ;6,~ r,~;:~, ~~?!, (~~rr~~~~'l;~n~V~na ~\I~h ~:me : I
I puragra;)h. ,,:'::::,::;:'jl~~~:::, ,.'~:~I:~;..;~~~~~;:\,:,:I::',I!
;: 28. Personal Pro-.E~~~~or Common 't15e~,~_,_:'.',:,The:,,~~}3e~(ic'.i~,\q,?'n, I I
uS att.orn.ey-ln..fact for <111 ,of "the, (::l:.Yrle'r,s"~"'"rt'.1Y':'~i~cftiir'c,~aYld hdl~r Ii
for: tl1e use and benefit of .111 "oJ U~c ,",c.~w"d61!d::il,1~ll\ unit ,CMnQrS," reali
I tang ible and in tang ib 1,~,'rCr.fio'I1~,,~": P.t'c(?CI~ty~,':';;'rld, ;,n'n'Y"d i'sPQ!3'ci of th,~)" I l
). same by sale or ,other.,.; ISC~~;"" Th(;~,,'t,1,(~u,6'ri.~r.11,".in~qrc~,~ ,ifl..,llny r;uC:}1 ,", 1
:; property shall bc'owncH by ull_"-,:^c;r":~n,b~;~u~i12f5m.rn}um~'unft,'cj"w,ne~3,,(~n", !
Ii the same proport.ion as their respc'c",t'fve'~In"tEs'ics"~$')n,'::~t119,,::"ge"rlel~Oar::_: 'I'
lJ cor-unon elements, Clnd such intcrcs't th(ff'eTtl':"'sft5"fr,,'unol""'I)"e~'tr{1ris:"~""" "
I: fcca.blc except. h'~ti: .:l cO~VOY<"Jie(":"':o"(' :'i," '':''9,~Il..~Cnl'ini':~,H~..-,'~.I,n,A,,~. ""::_,^ c'bn'v0y'-'i
ance of <1 condonnn~llm \H\~t Sl,let] 1, tr.1\n~"(~S~";,~,9",..,t1!,q,,,,{g.ra,~,~c.~,~()wnerShlp; i
ii of the grnntor's. b:nef-lClal,,, l.ntqres~,"_l_,r;.'",}:U,:;:,",h, I?ro'pe~ty ,withuut any J !
II reference thereto in the deed. E.-'t:h OWr},9,r:,)rlai'"'us'e'~--S'uch propert.y II
:j in ,~ccordancc \l!ith the purpos~ for Whi~h:,:i C, i.s~-' i~t~nded: without 'f" ",,,, C",,,
il hindering 01" ('l1croZlching _IJPon tIle, .l'<:1,\y~u]::":'t'i9ht.~',~,o'(~~H'e:~'9I:hc"r'.~ _, I'!
i! O\.,tners. The t.runsfcr of title _,t():,,:>':'_'~C.~O~QoJj\Jrdu~,_~~,-Uf1J,t_~'under foi,c''::~' 'I f
!i closure shall enti,tle, the purchi"1,s'6i;;:':"t:O","t~e!'-']5e'~~,t'i,<:'i,abf~J,n'te'r'Ctlt:' ,,'I, I
i! in such personal pr(,)i?"~rty .j1ssr.)cLltc<1,\&t~}("'l'i1'ct'for'e61o"sicd"c'oi-icklm.f:'::'-
n.l u, \l n.l t . " " . ,'. ' .~',~~~~f~J~~:,~!~g!~qg~;!;~,5i;~::,,; .:~~ ! i
29. Reqistr.'tio;J of Mailinq'1\c1dr'c:;'s.' E~lCh 0'..n1er shalf ill
re()istar his m.:\ilin~r--a(l(jrc;~swrnli11c7.J;":~soEr"ltiori, nnd notice:; or -
!,fi cicl1lands intended to be sl~rvcd upon .)[1 owner nh.Jll be sent by
ce::t:.ificd r:1.1i1, Fost~HJC prf!p<tid, .1ddrcsscrl in th,e"nCltTle of" the l I
owner at such re9:lgtct'("(1 H1~lilin(.l ,"t(ldr-C'S5 t',hct nht,"11 be derimed I j
effect-.ivt:~ one c1n)' (1ft.0.~ c1isr.lt"ch. ,', ,:" "',:-<',;"',;~~,'::,,,,,:;:,/,,:,-,,:: ,'.':' ,'":. --',"''''- I!
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. 3: !~2 tr ~'::_~_l~~".!:~~~n1J~~~,,<~~R",.',__:~9,:""_~~~,~,~,t.~X~~,,;'"'tcj:rt'il~s',-''''' !
bll~~~S, or Hlsects r;htlll l).;~ ke,pt \Jtthll1,',"':~"'~t-""\ln~t' ,o,__r,.-'ot'l,-,':'anY'~pill;t of I !
the gcncful or limited common. ,<::J.'iJ~0,~1,~,,~=}?itlr6ut"'''th''e",t'''FrIor written'! ~
::::e::c:;~:h:~;~;;;i~~Wt~~:!;f~~!t~:~'!t!~~~~j~i~U /' <
Units 3, 4, 5, 6 and 9,"b6th~ T;:;t"rior~'illi(r"exfeiir.;r;'''''l'f'is the"'::"':"_J "d
intent of Haco Stewart Ul"ld Mich~el Tcs'cn11'Ff" thii"!:>W:''t<rscf\11er gh~11 " ;-
cause improvements to be made' to the extcri"6r '()(*"~n~~d{'''l ;""~2, n 7~'afi(;;'a: ~,
a, said improvements. rc,'luonably to,50~~t(5?...~rn"~n~.",appeal:a~ce to: it_hat "'\ ";(,,,.::
of Units 3,4,5,5 uno 9. Notwithst"nding anythln else in t:b1.'s' Dec~ ~';:'
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XXI Reqistration of Mailing Address
- A~;~nt 23
XXII Pets 23
. XXIII Dama',;e' to the Unite 24
." XXIV Nuisance 24
XXV Wai vet of Right to partit.ion .24
XXVI Limitation 24
X::VII Separate MortgAges 25
,'5 XXVII! successors 2S
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. XXIX CalenClar 25
; General Term. 25 and 26
XXX
XXXI Sole OWnerahip - Rt~leafJe 26
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Recorded at 9:00AM October 8, lq8'Lorett~ Banner Recorder Reception N~
23G281
TABLE OF CONTENTS
FOR'l'1lE
&UPPLEMENTAL AGREEMENT FOR UNITS
OF 'l'1lE
AJAX CONDO~INIUMS
1. 7 AND
Paragraph
Description
Introduction
Definitions
1
11
III
General purposes
Manner of subjecting Condominium
units to this A9r~em~nt
Multiple Intereats
Manner of Conv~yin9
permitted uses
pailure to Vacat~
Managing Agent
IV
V
VI
Vll
.
.~.., II
IX
Penalties
X
Xl
111l
XlII
XIV
Indurence
X'I
Appointment of Attorney-in-pact
Condominium Association
Furniture and pULnlshings
Remodeling and Repairs
Damage or Destruction
Termination
Amendment or Revocation
Notice to Managing Agent
Rental
Removal of personal Effects
XVI
1<'111
XVlU. .
.
XIX
XX
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8 eoor.41~ ft.;t6Qt
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1 and 2
2 and 3
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4
4 and 5
5
5
6
6 and 7
7, 8, ,,1~',
.11, 12, 13,
14 and 15
15 and 16
16. 17...4 18
18
18 and 19
19 and 20
20 an4 21
21
21 and 22
22
22
22 an4 23
23
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SD.fl!LEl-n;:N'T'AL AGRF.EMP.:NT FOP nNtT~ ,. 7 AND a
QL%l)t
AJAX CONDOMINIUMS
Town of ;\spen, Pitkin. county, Ct,1orado
COMES NOW, MICHAEL TESCHNER and who by these p!esents
herewith enterS into a separate and individual aq:eement
i.mposing certain 11mi tations "and restrictions , uses and CO\'e:nants
on units 1, 7 and 8 of ,~h8tcertain condominium known as tt:e Ajax
condominiumF ~hich were 'created and estab~ished by 8 Dec~aration
dated November 2, 1978, and recorded November 6, 19"18, 11\ Book
351, Page 660-676 in Hoe records ('If the office of tl1C! '~ounty
Clerk and Recorder of pitkin County, Colorad:), "hich M]'CHAEL
TESCHNER is hereinafter referred ~.!:IaS the "Ori'3'inal ow-net-.
It 1s
8 of the
provisions
ownership
I)vverned.
the intent and purpoBe of the Owner ''Jf Unlts 1, , and
said Ajax Condominium to impose upon hil'. unltB ." the
hereinafter set forch as to the manner in which co~mon
by the Original Owner with third pl!rties ;"ill1 be
This Agreement shall not in any ~ay be construed, and it is
expressly denied by this proviRion, that any amendment, change (lr
revocation of the ,saldDeclarstiorifor. the Ajax C(lndomini~ms be
deemeJ to have taken place by the execution of thiS Agreement nnd
that the Declaration. for the .\jax condominiumd~nd H,e . Dy-Laws
adopted pursuant thereto shall be unaff.ected,by this Agreement
nnd shall remain in full fo~ce and effect as the sam~ relate to
all of theunitB 1n the said Ajax Condominiums and sp'~clflcallY
relating to units 1, 7 3nd 8, and that the within Agr.eemeht bE
limited to the manner in which tlle common ownErS of said Unit 1,
7 and Ii shall ul.~ .:!.nd occupy said Units and shf\ll provide, for the
common use and enjoyment afaaid Unlts as the same have been
created . and are governed by the provisions of the Declarttion
referred to above and the By-Laws adopted therpunder.
The contents of this document and the agreements'",:' un'ms,
conditions, limitations and restrictions shall be dee1'l\e~ t.o be
covenant A running wIth there~lp~opertydescribeda8 Un~r.s 1,; 7
and 8 of the Ajax Condominifms And shall be binding up~n eatr~
owner or purchaser fr9m ~he or19ina1 Owner and. their . heirs~\.
successors, personal represent~tlves, executors, admi~~RtratarB'~
or p.ssigns so long as this Agreement shall remain in effect. '\
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This Agreement shall be subject to the termination
previsions of the DeclaraU",onforthe Ajax CClndor:d.niurul and
specifically p,tragrat:hs 19,17 and pZ\ragraph 34.. thereof
end should any of thE said termination,or revocation event. occur
as ,therein SPot forth, the within I\Cjl:ee;nent shall simill'!.rly be
terminated and be of no further force and effect. If not sooner
terminated hvwever,.. the provisions of this Agreement may
nevertheless bo! terminated by a vote of at. least.. 71)',o~ ,~he
tenant-iJj-r.:ommono~ners,()f ~he property covered by this document
and by the recording of , Certificate of such terminRtion in
Pitkin County, Colorado.
Whereas it is nOW' the Intel'lt and purpose of the,()~i9inal
I.. 'I"r to arrange for the. d~,vlsion of the ownership of said' Onlts
J ' JandS into intervals o~ -~ee,- whereby third party purchasers
rr.;':i acquire an ownership' interest as tenants-in-coftU'i'lon _ to
Bf'lcif.lc units and by and through the provisions' _ of this
Supplemental Agreement, and _ whereby such purchasers _ shall
herewith contract and agree that the use of the d~signated units
shall be ~imited to the specific time periods identified.
o
~ DF.FINITTONSI
As used in this suppl~mental Agreement, the words and terms
listed below ahall have the fvllowing m~anlng~i
,. lIll~. Shar.~l1JJ>.taaatl The inte....t in
the unit, which eachint~r~al,o~~e;~ha~l,ha~e S~all be a
minimum of a 1/16th,teJ;l_ancy:"in-common' interest __ a!,d there
shall be no morethanamaxi1Tlumof16te,~I!_llt....ill...~()mmob '()wners
In ~lther units 1, 1 or a, and which interestah~~~, ~fttitl~
~ach owner, to the use of 3 specified we~k8 as 8e~.~oith In
his deee. and whlehm"ner. fg,hilll__I?~ e!'titledtou.. ,,'tbe 3
weeks of the y~ar set aside for h~e~seand~O!,~3~i9n.ted as
m~intenance periods ~s more particularly set forth in
paragraphs vrII-7 and XXVIII.
2. Qll.np.rs
Ownfr!rs of
Unit~ 1, 7
ARBocfation'or AaaO~lAtionl The
tenancy~in-common interests in
and 8 in the Ajax Condominiums.
Association of
the condominium
.'3. t.Qudom4niurn tJnU.~ or Unital Condominium On'1t8 1, 1 and 8
in the Ajax condomjnlumswhichhayebeenmade subject to this
Agreement.
4. np~13rA~ion and/or By-L4Ka: The Dee aration and By-Laws
of the Ajax Cond~miniumsfirst identified above.
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5. GY~t Any person using a conaominlum unit with the
permisnlon of the OWner, including but not limited' to f~mily
m~mbers, invitees, tenants, boarders and the like.
6 .M.AnAg.emp.nt. Aop.nt. or Mllnag,Ul Shall mean tl.e Owner' Bagent
appointeci as hereinaf1:.er provided by the Owners oI'the Board.
7. Board or Man~9pmp.n~ Ro~rd. Ro~rdof M~nA9~rs or Dtr.ectQLal
The Board elect€4 by majority vote of all of: the owner_ for
the mana'~em~nt of the int,ereBtBC'fthe Qwner:n in condomfh1um
units 1, 7 and 8 ae provided herein.
8. ~~itv in TntereAtl The owners of condominium Units 1,
7 and 8 whose, collective intereets have an ag9re~ate
percenuge of interest, ill excess of SO, of the total, of all
of the ~wnership of interests in such units 1, 1 rnd 8.
9. QwnpJt: Any person or. organization whic~ then owns an
undividl!d 1/16th feeSimpl(lJ interest BS a tena.nt""in-common in
condomirlium units 1, 7 or 8 of tl1.econdominium.
10. ~(Aonal proD~t The f~rniture, fixtures and.,other
personal property contained in cC,rtdominiull\ Unitsl, 7 sYid 8,
which shall be owned by each owner!n, the percent.age of
interest such own~r shall have in the unit which shall be a
1/16th interest conveyed to, each owner. T~e OWners
Association by, and tchrough it-'8 eoatd shall, and hereby is
appointed the agent of all such owner~ for the purpose. of
purchase, sale, repair and rep1acem~~t of such property.
11. ~rva1 nrrys@Period or Per~1 The period epeeified
in a deed as the period of time duting which the Owners ahall
have exclusive right to ure an~ occupy the condominiu. unit
aet forth in thp deed.
7 .n~ 8 of the ~ja.
to this Bupple~ent.l
~2. hDie.c.t.1 . Condominium t1nlt! 1,
Cotld:::r.tinlums deecr ibed herein eut:mit.ted
A.greement.
13. Tnt:,,.rvAl. W;'P-K Oc...tiA.e.U1 l'he individual, eepllratt v(teks
which shall. be the per,iodsof t.ime into which tbe use of t.he
condominium units submitted to this A.gr~ement have' been
divided through they~cording of the within doeument~ v~ieh
weeks are 1 through 52 asset forth in paragraph' XXIX
beloW'. A purchaaer or owner' shall buy aminim1.l1tl interest
equ,1 to 1/16th aB defined in paragraph I-I abovO or any
co~~nation of lll&tb interests al set forth in hie deed and
whicn shall te bi~inte=val~riods of.useand/otveek~v~~n
such owner may use his inteyval periodS to 'the e~eluslon of
all o~her te~ant-in-eommon owners of the condominiumonit.
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IT.
GE!lnAloJJl~'
The benefits of this Supplemental hgreement set fort~, ~erein
ar~ intended to run to ench Owner, hJs heirs, executors,
adninistrators, successors and assigns. They are made fO,t the
purpose of creating and keeping the condominium un....ts desirable,
attractive, beneficial ar,d suitable places, of abode 8,o,f gu'arding
against losses by fire and other hazards, of providing by
agl~ee!!!:ent bctw~"!'n OW1'\er8o~ a unit for the periods of time ,during
whleh each of the vat l~u1Jo,wnE!r!!,rnay use his condominium u~i t, to
thl! exclusion of, the' other ,c~nera and of providing rules and
re:)ulations for the mutual benefit and protection of each of the
OWlers and to arrange for asseBBmentsand obligations and the
pa{ment thereOf.
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J.lL-lIAllll~R OF SUBJ~:uIKl...coNDQ!I1II.tUM UNITS
m-'THtS "AGREEMF.NT 1
In ~rdet to subject~ con~~m~nium unit to the provlsionsof
thls Agreement, the Original owner~t'any subsequent cr"nt~-rl\'luct
eX1:scute and deliver a deed conveying an undivided interest in a
Condominium Unitt~, t~e, Ajax condominiums, which c6ntains
substantially the statcment set for,thbelow .!lod which is recorded
in the real propert.y records of pitkIn County, Colo:cado.
~l..l' An undivided 11l6th interest in and <:.U~it
No. _____ of t.he Aj~x Condominiums and subject tot~~
provi~ions of the Decl~ration fot the hjax Condominiums
dated Novemb~r 2, ",1!'78, and recorded November 6, 1978,
in Book 357, Page 660-676 in the office of the Count.y
Clerk and RecorderofPit.kin t:oul"l,~Y' Colorado.
~rcpl 21 An undivided 1/16t.h interest in and to the
_____, interest of Condominium unit No. _____ in " ~he
common areas of the Ajax Condominiums as the said c~mon
areas are defined, shown and described in the Baid
Declaration for t~e Ajax CondomJniums.
The Grar.t.ee(s) of theCondomi~ium Unit subject to this
deed, by his acceptance of this deed, hereby: (a)
agrees to take such Conr.ominium Unit subject to the laId
Declarat.ion of the Ajax Condominiums. and ..0 thl!!
provisions of that certain Supplemental Agreement . d.t~d
, 1981, and [pcorded
. ,19S1 in Book
pa~e , in theof~ic~ ot the Count.y Clerk "and
Recorjer of Pitkin County, Colorado, and (b) agrees'to
perform all of the t.erms and conditions of such
suppl~mental^9reement, .. and (c) agrees t.hat.the',:w.~k8
(as defin~d in the supplemental A9reement) assigned 'to
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the int.erest: co'nveyed by this deed Brl! Weeks
_ ___, a8 designated in such
supplemental Agreement, and which total of Week. shall
b~! the Grantee(s) Periods of Use. The Grantee(s' take
such undivlded interest in t~_e subject CondomlnlutaU!ti t
with the ezclusive right. to use and occupy the Un~t
during the Periods ofUseorW~ekB herein cort~.yed lB
thp. ~eriod8 or Week~ are defined in the supplementvl
Agreement. "The Grantee'aexc,lusiveright to occupy the
undividedl.Jen'e'ti.ll common-"are'as'of the Ajax Condomin1uTU'l
shall commence~n sat~~dayat 12tOOo'clock P.~~ . (noon)
on the first ~aturdaylncluded in t!llch as.!.Iigned We~k.
which followc the, ~ll-~,e_.p_~ th~ recordin-3 hereof and shall
terminate at Ib 59 A.M. . 01,1 the la~t: SalJrday included in
such aBsignedweek, and which unit8h~ll be used for
residential purposes only.
~ MOLTlpr;E TNTERES~SI
An owner may own an undivided interest in acoftdomlnium un1t
with assigned intervals of use consisting of 1/l6t~ ~t any
additionb! number of 1/16th intere8t8as.~~t~o~thin this
supplemental Agreement. A'n owner mayt:onvey 6t'eneufI\'ber . hiB
interest in any one (but not less ~har.'one) ofor4~Y combinati~n
of such 1/16 interests. .. Notwithstanding the foregOing, if ftny
owner has the right to uBe8ucc~Es~ve weeks;~~~h~llhe~~~ltled
to the exclusive 'Uge (if such unit du~ing the check-out period
between such w~~kB and the Managing Agen~ shall. not. (unless
lE'quested by such ollner or his guest) provid(: maid iJerV'i-::e durinq
slIch period.
Ya ,.i;\NNER OF CONVF.Y':"'GI
A con~ominiumunit may be conveyed by an o~ner only by a
deed which c(lnta~ns a~tAte.me1l~ substantially th~ SAme as that
set forth in psrsgraph III hereof specifying the unit snd the
Interval(s) of use appurtenant to such unit. Any deed purporting
to convey an interest ina condominium unit with a perlodof use
appurt~nAnt that consists, in whole or in p~rt,of less than a
l/lGth interest or not making such conveyance subject to the
documents listed in paragraph ttt above, sha11be null and void
and of no force and effect,. Ea~h owner convey~.ng a unit shall
give prompt written notice of such conveyance to the Mc~agin9
Agent.
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i VT. PF':RMTTTEO nSES:
1. Each condominium unit shall be uc~d rOt resiaential
purposes only, the purposes allcwed by ,he Condomlnium
Declaration andBy-La~Bandthi8 SU~Jiementa~ Agreement for
the subject property as heretofore record~d in tte offiee of
the County Clerk and ~~corderof Pit~in County, Colorado.
~ach owner shall, comply with thp- provisions of the
aforementioned documents.
~!'f.u5 PltE609
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2. Durinq his interval of use each owner shall keeP his
condominium unit in good order and condition as when he
acquired his intere~t therein, lOBS by fire, acts of God or
ordinary wear and tear excepted. No owner shall make or
authorize any alterations, additions or improvements to his
~ondoninium unit or its furniture or furnishings, except
pursuant to paragrah XIV.
3. Any owner may lease, rent or loan his condominium unit
for the purposes permitted by this Agreement during his
Interval(s) of use, but each owner shall be re~~onsible for
any loSS, damage or. destructl~n which occurs' during any
period when the eondomi~iumunitls leased, rented or leased
by him 8S if such owner was occupying the condomirduUl '''unit
himst..lf.
vIr. FAtI.U.B.E. TO VACA.TP'I
If any owner fails to vacate a condominium unit at the
.check-I)ut. time as hereinafter defined or at the end o'f hIs
interv!l(g) of use,.. if hischec~~outtime is extende~by the
Managing Agent, or othp.rwistluse,s,or, occupies a cOl'\dominiu,D'l unit
during a period of use aSBi9n~d, to another own~r, or p~&vents
another. owner from using or occupying a condominium unit during
such other ownfl!r'B interval(~), t.he \:.din9, occupying or
preventing owner (the defau1tingowner) shall be subject to the
following I
1. He shall be subject to immediate removal, eviction or
ejection from the eondomlutum unit wron9fullyoccupi.d~
2. He shall be deemed to have waived any notices required by
law with respect to any legal proceedingS requiring the
removal, evl~tlon or ejection of such owner (to theext-nt
that such notices may be walvedby law).
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3. He shall reimburse the "wnet entitled to use t'he
condo~inium unit during such wrongrul occupancy (or the
Managing Agent, a~herei~aftel def~nd) for ~ll coste and
expe...ses, including but not limited to costs ofalternativfJ
accommodations, .. court costs and reasonable att~r~~yI8 fees,
in~urred in connection with removing, evic~in9 or ejecting
the defaulting owner from Buch unit or enforcing any of the~e
p':ovisions, and
~. In the event ~uch failure to v~c3teisu~rea~~n~ble, in
addition to the other remedip.sprovided fot in this paragraph
VII, shall pay to the owner entitled to the use of the
condominium during e:uch wrongful occupancy, as liquidated
damges for the wrongful use of the condominium unit,s sum
equal to 200\, of theta!r r~~t~lv~~u~ per day of the
condominium unit wrongfully occupied, fore!ch day or p~r.tion
thereof. including the datef surrender, during which the
defaulting owner wrongfully occupies the unit. , ,If an .,wnet
by his negligence renders a c.ondominium uninhabit,able by the
next owner, the provisions of paragraph VII~3~bove snaIl
apply and thene9lige~t own~r shall beliable,tothe n~xt
owner as ,H the negligent owner l.o..:l rcfused "i:O vacate. ,Por
purposes of this paraq~aph VII the act of a guest shall be
deemed to be the act of the owner permitting the guest to
occupy the condominium unit.
VITI. MAN^Gt~~:
1. The owners of all the condominium units or the Board of
Directors may engage a'manager firm (the man_ging agent or
manager) to act as 'managing agent for the units. the
Original Owner is hereby appoJ.nted as the init;lal managing
agent for the units until the Original Owner resigna or until
he is rep18eed by the owners as herein provided. The
Original Owner's m~n~gement may be terminated upon sixty (60)
days written notice if a majority in intereet,i.e. more than
one-half (1/2) of all of the condomini~~ unlt8~G ,herein
defined vote!n favor t)f slJch termination. An':,. such vote
shall appoint a succeSsor managing agent, wi~~~~9 to serve as
managing agent for the condominiuR' units pU'r'ruant to the
provisions hereinafter set, forth and who wIll executa an
instrunent accepting the obligations of the managing aqent
under this Agre~ment.
2. TA~PR ~nd Inaur8ncPI The interest of each owner in a
unit shall be as~es8ed against thecondominiu~'unit as a
whole and the owners of the .intervals or periods 'of use ahall
be responsible for their allocable share of the taxes and
~nsurance for 8~ch unit and shall be subject ~o 08sessments
for the same as hereinafter provided.
-7-
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i. ~~un~p. Cr@A~@at The managing agent
shall establish befo~eth~ beginnin9 of each fiscal year
the amount of. ~un'ds. whIch it believes are reasonabJ'y
req~ired as a budget for operating costs and as a reserve
f~r th~ units. At ~he clos~ng upon which each owner
acquiree. art interest,such owner shall pay to the OrLginal
Owner (who shall pay over to thema.n~gi~9 Agent) an,smount
equal to the owner'o allocable share,for that year of the
reserV2 established by the managing agent for the
condominium Ul\it... being purchased. .' The m,\naging agent
shall establisha~ank acco~nt (n~~ich it shall deposit
a) 1 illmountseollected pursuant to this par3graph VIII-3
and all other amounts collected in connection with its
duties al! agent of the units. ....It:.~hall keep accurate
books and records reflecting the'am~unt in the account.
Funds deposIted in the account may be u~ed by the aqent
for the following purposesl
a_ To pay expenses which ,could properly be billed to an
owr.er under paragraph VIII-S-iv, including the managing
Agent's fef'8~
b. To pay expenses ofemer':iency repairs.
c. To pay for repairs and replaeements under paragraph
XIII, and
cl. To pay real property taxesartd assessments nc,t paid
by an owner as required by paragraph VltI-2.
The managinq, agent shall have ,th4!iauth()rity to draw chec,k8
or . draft! 'onthe account as . th,e'i~rfager- deems necessary
for the purposes ~9t forth above Until such authoriity 18
revoked by written notice to the.b~~~,~~~~ot.he m2,naging
agent that the managing agcrtthas'been tl!placeo pt1rsuant
to paragraph VItI-I. The mnnaging agent may mingle in the
account funds received from all owners. The funds
collected by the managing agent may be deposited in
interest bearing accounts, as may be deemed advisable by
the manager in its discretion.
From the funds rec~ived an~depo.ited in the account, the
managing agent ahall cause to.b~ Cli.sbursedregularl.y and
punctually 8umsdue and paYAble for which an owner may be
billed .Lncluding the managinq agent's fees. '
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If the reserve account is depleted or if in the rea8ona?le
judgment of tile agent additional funds a,=e required in the
account the Agent shall promptlY bll:" each owner of the
applicable unit or all units for such owner's allocable
share of the, funds neCfl!8Eary to bring the reservet'.o the
desired amount. Each owner shall pay any statement
pE',.ta!n!ng: to thear.count within 30 days after receiving
8\,'-0. statement.
ii. WleJ:UM
....he ownel.:B all
^<Jref:ment.. The
of Accounts, The agent
accounts payable by the
agent mays
ehall collect from
owners u~der this
a. pequest, dernand~
all such accounts, ana
collect, receive and receipt for
b. Ta~e such action tin ltsown n~me or in the name of.
o~nerB of thecondomin~~m'unit) as may in its r~asonable
judgment be required 'to collect such amounts, including
but not limited t~ legal action and the foreclo$ure ot
B~Y lien8aS8es~ed and flle~ under the authority of this
Agreet.1t1'.!:nt.
iii. ~Ar~a: Upo~ conveying his interest i~ the
con"ominiu1II unit, the ctjnveying owner'sl?OSse88ive share
of the amount then in the account pertaining to his unit
sh~ll autoroaticallY be held for the benefit of the
Grantee, to be applied as is set forth l~l thie paragravh
VIII.
4. RePOLt rif ~ccountB' upon request of any owner,
mortgaqee, prospective mortgagee, pucha~~t or other
prospective trans~eree of an interest ir a unit the managing
agent shall issue a written statement b~~t1ng forth the
amount in the account p~rtaining to such \ntet~8t ~nd, any
amounts un~aid with r.spect to such interest. Such statement
for vhich a reasonable tee may be charged, shall"be:binding
upon the Agent in favor of 51.y person who may rely'tbereun in
good faith.
S. QYti@A of M~n8aer, The managing agent shall render
services and perform duties as follows:
i. Coordinate the plans of owners and guest8fO~ moving
their perscmal effect13 into and out of each un,it'with a
view towards scheduling such movements so that there shall
be minimum of in~onvenience to Buch owner and other
owners. %~#
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i1. Cause !8ch condominium unlt to ba
f:l.rst class 1tt4nner and' condition.
iil. Provide a .check-in/check-out- eervice,
owners can pick up from theaqent the: keys
respective units when they arrive tor use
Intervalperiod(s).
'Whereby
to their
of their
Iv. Prepare the budget fQroper#ting costseacb
t-Ul and collC!ct_f,rom~ac:h owner Eor thce)tp~nBe.
condominiom unit as'followSt
year and
'of each
{a} G2~~ral OoeratinaE%pp.nseBt Each owner~hall be
assessed for and pay annually his allocable share ,of his
1/16th (ormore)~nterest of the general operating costs
of the amounts 4Balgned by the man4ginga~ent in its
discretion for t~e unit.!., Thf'l!Ie general operat.ing costs
shall include, but not be limited tOl
(1) Common element' expenses charged to the un~ts by
the Owners Association of the Condominium a.'ptovld~d
in t~e Condominium nec1araticn for the Ajax
Coltdominiums_
(2)
(3)
paid
(4)
Insurance carried under~his ~greement.
Proper~ytaxes, unless separatelyas....9d ard
as hereintefore prOVided.
Repairs, replacement~ ~nd normal maintenanee.
(5) Annual cleaning du:lng ~h,.;. !'l",intenanee'petio~.
(6) Managing agent's f,ees.
4gerit for
pto..lded in
(7) Assessments o~ the managing
r~plac~ment or Increas~ of reserves as
this I'arsgraph VIII"':3 hereinbefore.
(8) ^~\ ot~ernecesBary and proper chbrgeft not
includ~... in pa.ragraph VIII-S-i'db) below.
(b) Individual Oper~tin6 Exn~nB~RS Eae~ ownet'shal1 be
charged for~n~,paythe actual or~8timatedexp~nseB in
advance wherepoBsible, or at the timE! ot aSj!!,..81tentfor
;~~eral operating expen8es,ofthe fol1owin~'.dd~tional
items attriJ)utable~o "hi,.s interval (8), whether in<:;ur~ed
by him or his tenants, guests, family or invite.ss
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(1) relephone chargee.
(2) Extraordinary repaira and chargee for damAges to
the condominium unit, ,equipment and furnisbings
attri.butable to theovner or the ovner'e guestS.
()) . Normal cleaning or maid ~eryic. during owner'
petiod of use, to be paid at the time of check-in,
and e~traordinary cle!ning requested by the owner
ouring his period of O(:cupancy or made neeeBlary by' ,.:"
hiB occupancy of the unit.
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(4) Any elosed circuit or cable television
if not included in common element charges.
(5) Firewood, Ii nelt included in CODe.\ element
charges. s:~
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(6) WQt~r, sewer and power charges, if not includea
In common ele~ent charges.
(7) , The agent shall not be~equired to tead water or
elecr ':'cal meters at the end Ofeacl'l period ofuee and p',
shall be allowed to allocate water, seweri
electrical, firewood and ca~le . television charge.
among the owners on any reasonable system taking into
consideration differenees in use for the ver.iouI
bt asons.
(8) The ownerl' share of his personal property~",':
l:tssefls;,nents.
~ncw plowing and remova1
owner. of interests 1ft
(9) A pro-rat~.bo.J:f: of the
charges to be charcted to the
weeks in th~ winter. Beason.
X:{~ii} ,
nO) l..ny other leparate or apeial charges whicb:"
shall b"!'':vf!le due . and owing by the owner ait.
con~equenee or ua~ of the unit during hiB perlod("f~',~'
of use by tbe owne~ or others.
(c) nu'"' !tAt:,", ot. AAS.t.amPe.n.t.J,S Each olner shall pay -j
charges prop~rly billed to him under this paragrapb
VIII-5-iv or any nther charges or a88essmentl made
pursuant to this supplement.al Agreement annually within'
'thirty (30) days'aft.u r.celpt ot: .'statement therefort,f'?"'"
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v. Make contracta with others with reapect to tel.phow.,
cable television, maid service, firewood supply, and other
necealary service. which are not. pr:ovlded t>Y the Original
owner or the manaqin9a~6nt. the agent shall ..curefor
the benefit of the, own~r& of each unit any dlBcoun~.,
commissions or rebate. obtatnable In connection with luch
contracts. '
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vi. Maintain a system of office r~eord8, books and
accounts in acc~rdance with .tan~ard ,accounting
procedures, which record. may be subject L~ examination by
each owner.orhil autho~ized agent upon 'reasonable notice
and at al1reasot"able bUBlneal hour!) at theaffic. of the
manaqin9 agent. :>is' "
vii. Make and enforce 8uch reasonable rules and
re~~lation8 as may from time to time be neeeBsary or
convenient toeatryout the intention of this Agreement.
Notice of such ru!~s and regulations and all amendment.
thereto shall be9iven to the ovnern at leaat ten (10)
days prior to their effective date.
viii. Take Buch action (including legal action) as,maj,in
its reasonable judgment be nece8sary or advisable to
.emove from a condominium unit any perRon wrongfully
occupying such condominlumunit., Any 8ueh legal action
may be taken in, its oW,n, naftl,e' or in the name o,f the ,C)ttll.r
then entitled toule and occupy luch 'condominium unit~ ",,; .,
ix. Takp. such action (1n its own name or in the nam. of
other owner IS of, a condominium unid including but I\ot
limited to leqal action or suit in .quity to enforce tbi.
su~plemental Agreement.
x. Provide and ,charge for routine cleaning
se[vice and 2di"tepance~n~ repair! &8 followSI
and
'~'~%;;:'::.;
(a) Upon the departure of each occupant ~~.......
condominium unit eo thateuah condominiu1ft \.l\it , . 1~", ~n
good ord.r and t~paira~d ready for'tbe occupancy by'tbe
next owner, and
(b) At other reqular intervals e.tabliab.d by tbe
managing age'nt"
The check-out cleaning charges shall be charged
to each owner, the annualmaint~nance and cleaning
shall be a general operating coet"
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xi. provide extraordinary cleaning and maid service at
the r~qu~st of anyayner. Such ~~arges shall be billed
directly to the owner requesting such services,
6. Although the ownt!r'B time period starts at 12100.. P.M'"
all owners ~UBt allow for clean up of the unit to make ,it
ready foroeeupancy and there 1s therefore a.check-in~ time
of A.on n'r1nck- P.M. on the firat day of hitiuse period. An
owner must cheek with the managing agent if he" "iaheA to
occupy hiB unit prior to the check-in time of 4:00 -
o'clock P.M. on the first dftY of his use period. Unlewe
permission is granted by the managing agent, the conaominium
unit may not be occupied until ---iU10 n'c1oe:k. .. P.M.
Similarly, each owner must vacate his unit no latet. than
10:00 o'clock A.M. on the last day of his use period,
the "check-out time", unlese permission is granted by the
managing agent to stay beyond that time. This perio~between
the check-out time of .oneuse period and the check-in time of
the next use period shall be used by the managing agent for
maintenance and cleaning and shall be referred to 'as the
"Cleanlng Period".
7. The Original OWner has set ABide and by thil document
hereby designate five (5 ) weeks of the year which .hall be
designated a8 the maintenance intervals or wee~B vhl~h shall
be Weeks Numbers 19 and 20 and 45 and 46 each year.
Such weeks shall not be used by third parties, but the
exclusive use of the 'same shall be and hereby is assigned to
the Owners ASlociation. such weeks shall be used by the
Board or the Managing Agent for annual refurbi~hin9, repair,
remodeling or .replftce~ent8 as shall be neceBeary to
adequately maintain each unit. Nothingcontainea hetein
however, . shall prohibit t~e ~ners ASHociationor Managing
Agent from renting the8aid ve~ks to thoov~er. or third
parties at whatever ,ret\tal is d~emed advisable in . the best
i~terest of the' association. Any sumS generated 'by such
rental sh!ll be used to reduce ,the general operating expenaes
for that year cr the en'suin9 year~
8. The managing agent shall have the right dutin9the
cleaning perioc!and during the pe':iods "pecified above a8 the
maintenance periods and at any other reasonable t~.. when a
condominium unit ienot occupied, to e~ter a condomihium ,unit
for the purpose of cl~anin9, maid, 8ervice,p~inting,
maintenanc~ and repair. The managing agent may k..pa _aster
key to a~.J. of the condominium unitS to facllitatl al\cb "ntry..
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9. In payment of the _,8,ervicea ,t.o be provided by thellan:aglng
agent under thle Agreement, the managing agent .hallbe
entitl~d to a fee a8 e~t~pli8hed by the Management co~~~act
with the managing agent, and luch fee shall be 1n ad~~t~on to
salaries paid to personnel of~he,man.9in9 agent performing
Buch services. -
If executive or clerical personnel of the .~na9in9 agent
provide servIceD to a condominium, the managing agent shall
be entitled to charge for such 8e~vie~8 at its Btandar~ rates
for the personnel who provi~ed services to the project#
provided that such ratess:lall"no~t!~_ce-etl the ra!".'. then
available for 8i~ilar8ervice8for independent parti.. \n the
Pitkin County area.
10. The managing agent can resign at any time on not le8~
than sixty (60) daya prior written notice to allot the
owners 1ft
a. It haa ser.ured the agreement of a management firm in
Pitkin county, Colorado, to provide the ..rvices
required unde,t this Agreement, subject to appto..l by
the Doard of Directors, and majority in intere.t O,f,all
of the ownersi.e.more than one-half (1/2) of-all ~he
condominium units have not objected within .ilty (60)
days by wr I t'ten ' notice to the appointment. "o! iluch
successor managing' agent, "'~U\d
b. It has madeprovision8 to turn o~er the account and
all books and recordst~!UC~,~~cce.8~rmanaglngagent,
and sucb 8uccessormanaging agent has'acknowledged the
receipt and adequacy thereof.
c. The managing8gent provides six (6) months advance
notice of its term!na tion. ,,. ,
11. The services of the ma~aging agent shall tetainaee
automatically ift
a. A petitIon in bankru~tcy iB filed againat the
managing agent and 1s undiemLBsed after 30 day., or
b. The managing agent
commitB en act of
bankrupt, or .
file. a petition in bankruptcy or
bankrptcy or i. adju41cated a
c. The managing agent .hall co....it. any act wbich .h.ll
defraud_the oW1'lerl, misappropriate. any fundsttfwblchit
has been entru8ted~r~o~~~,any breach of ite,fiduciary
re.ponsibilitie. to .Ilch own....
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In the ev@nt of termination under this paragraph VIlt-ll, the
Board of Managers may seleet a new managing agent or the
owners may select bya vote of the majority 1n interest a
committee of not Iesathen three (3) owners (the committee)
to p.electa new me~~9in9 agent. Until the Belec~l~~of anew
managing agent for the Condominium, the Baaed .~a~l ,act. a8
managing aqent and shall have control of theace~unt and
shall beentitlad to use Buch funds to pay general operating
costs and,ta'xes, 'of. ,the_ condominium units.
I"l l:he event of a, b or C bov~,f.he"'ttiarii~fri4i ':.ij~nt
~mmediately turn ov~r all ~ Joksof account and all
belonging to the ownerS, including, but n~t limited
funds of every kind whatsoever held by the managing
under thi. ~greement.
12. The managing agent shall in all matters ac~,.:ln the best
interest of the owners to protect their propertY"rights 1n
the condo~inium units and in the absence of specific
instructions .or authority shall have the right to take
whatevera~tion'lt deems necessary in itS discretion to cftrry
out such responsibility to the owners.
shall
assets
to all
agent,
13. The managing agent shall annually prepare a budget for
the estimated costs of. operation of the units fortheensulng
year and submit,a ,copyo! Buchbudget on request to each
owner. The general operating expenses and otb~rasseBBmentB
payable by e4cho~ner shall be according to the provisions of
paragraph VIII-S above artds~all be based upon said budget as
assigned to the units by the managing agent.
1X. ~ENAI..nEIl1
1. Each owner shall pay when due, all amountN and
assessments required to be paid by him under thi8 Agreement.
The manaqing agent may bring leg8l action or "take other
reaBonableactio~a to collect any amounts from the ~wner
liable for payment thereof, with orwithoutfoteclosing or
waiving the lien ae.cribed in the following para1raph.
2. All amou~t8 due under this Agreement which are unpaid
shall constltu';e a lien on the interest in the condominium
unit of the owner failinq to pay Buch amountan~ shall run in
favor of allot the other ownere of such condomirtim ~nit and
be prior to allotherlienl!('and encumbraricesesC'tfptt
a. Liens for taxes-and special assessment., and
-15-
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b. The lien of any firal: mortgage or nrat '~.ed of
trust of record encumbering that own~r'8 intereB~ 1n th.
condominium unit.
The lien shall attach from the ~at~ w~e~,~heunpald amount
shall become due and may be foreclosed upon after the filing
of the same in the office of the ~ounty Clerk and Record~tof
Pitkin County, Colorado, by the managing agent as provided by
law for foreclosure of mortgages, And in the Declaratlonand
this Agreement:, upon the rl':cord1ng of e. notice of claim
thereof execut.ed by the l1Ianagingaqent setting forth the
amount of the unpaid indebtedneas, and the name efthe
defaulting owner of the condominium unit. In any luch
foreclosure, the oW!'\t!,r shall ber:equired' to pay the cost. 'and
expenses of such proeeedirqs, tneluding rea8onabl~ attorney"
fees and eourt costs. Any owner shall be ~n:itl~dto
purchas~ Buch interest t'n the condominium,. nni~ '"a~,J~e
foreclosur~ sale, and to acquire, hold, lease; mortgage and
convey the same. Notice of _the saDte",shall be ,s:.en,tto ,~be
holder of any first mortgage or aeed of' trust for .uch
interval, or the holders of any interest of record under a
co~tract for ~ale.
(")
3. No owner shall exempt himself from liability for paym.nt
of amount~ payable under this Agreement eith~r by waiver~f
the use or enjoyment of his condominium unit, by abando~.nt
of hiB condominium unit or otherwise.
4. The managing agent may eollect interest at the high..t
rate then permitted by law, on any amount due from an OVft~r
which is not paid when due under this ~gree1fient. , .... 'In
addition, suchow~er shall reimburaet:he managing a9p.n~ for
all costs and expenses reasonably incurred by the managing
agent in collecting any delinquent amounts, including, but
not limited to court c~stB,and rea~0~~ble,a~t~~~eY'8 fee..~
5. If any asse.s~ent shall not be paid when due, tho
managing agent may add a late paylllent charge 0' 10\,'''or
no'.oo, whlchftvlt 11 tho great.r amount.
X.. INSORANCEs
1. The managing agent shall, on behalf of the o_ners of ..ch
eo.dominium unit. ""
a. Unleas already provided for under the Declsrat1oll'or
the Ajax OWners Assoeiation, to provide and keep in
force for th~ protection of .th~ owne~.~f ..cb
condominium unit a~d all first llenors, general pbblic
~
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liability and property damage inaurance against clai..
for bodily Injury or death or property damaqe on the
contents of each eondom,in~umunit, in limits of not le8!
than ISOO,OOO.OO In re.pect of ~odlly Inju,y or death to
anyone person, and not le8... than ,the BuM of
$1,000,000.00 for bodily injury or eeath to any oumter
of persons aricing out,afone_ accident or dio&9ter, and
In the limit. of not le.. than $20,000.00 for damaqe to
property, and I. hlqh.r limits shall at any tim. bo
customary Intn~ Pitkin county area to proter.t against
possible tort liability such hiqher limits sh.ll be
carried, and
b. InSure all furniture, furnlBhing~and other perlonal
property oriqlnally supplied or installed In eaeh
condominium unit and [eplacement~ thereof, against lOBI
by fire, with, extended coverage (including insurance
against 1089 or damage by vandali8mo~ malic19u8
mischief), in apprOXlmatcly th~ amount of the maximum
replacement value thereof determined in accordance with
pftrs9raph X-3, lese reasonable deductibles.
2. All insurance required to be carried under this paragraph
X shall be carried a9 provided in the Declaration and,her~ln
,Hid shall be in favor ot the mana~ing agent, the Owner'I}-,:om
time to time of tnP. condominium unit coveted by the insUr.~ce
end all first lienors of ~uch condominium units as their
respective interests may appear. Each policy of In&urance
shall contain a8tandard mortgage clause in favor of each
firnt mortga9~ holder of the condominium unit. whieh .~a~l
provide that the 1088, if any, thereunder shall be payable'to
Guch first lienor, as its intererts., may appear, subject
however, to the 1088 payment provisions in favor of. the
managing agent hereinafter ~et for~h... All policie~ ,of
insurance against damage to any personal property shall
provide that losses shall be payable to and adjusted with the
managing agent as attorney-In-fact for the owners. The
managing agent shall hold and apply the proceeds of such
insurance as set forth in this Agreement. Each inRurinee
policy shall provide that no cancellation thereof may be mad~
by the insuranee earrier without having given 30 days prior
written notice thereof to the managing agent and all first
Henors. Each insurance policY shall also provide that. in
case of violation of a~yprovision thereof by one or.or~~
but less than all of the owners, the coverage of such pOlicy
shall be suspended or inval~dated only al to the inter.8~ . of
the own~r or ownerB commiting the violation and nota8 to the
interest of other owner8. . All policies of ph~sical da.'~e8
in8uranee shall containwaiverR of Bubro9atio~ and of an~
defen~e based on co-inBuranc~.
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3. The maximum replacement value of theper80nal property in
each unit and wit!:lout dedu9tion f()~ ,depreciation, shall be
determined by the mDnagingaqent prior to obtaining any
policy of fire insurance crany ren~wal therect.,
XI. APPOINTMEnT OF ATTORNEY_IN_FACT,
Each ownet by hiB acceptance of the deed or other conveyance
vesting in him an lnteteat In,. condominium uni~ does hereby
constitute and eppoint the managing agent acting lrom time to
time with full power of substitution, al his true and lawful
attorney in his name, place and stead tOI
interests of such
of 6hy personal
a. Deal with, for and In ~be best
owner upon damage to or destruction
property in his condominium unit, and
b. To enter into all agreements which the managing
agent is authorized to. enter into ~urBuan~ to the terms
of thi8 Agreement end which th~ ~.n8ging agent in it.
discretion may believe is ,.1lee~!~<lny and proper to carry
out the agent's responsibilities and duties.
Each owner s,t.lpulQt~B and agreel that the, power of
executed by this patagraph XI is coupled with an
The action of ~he ~~n~ging agent in settling.ny
damage to any personal 'property shall be binding
owner in the absence of fraud nr clear mistake.
. attorney
interest.
claim for
upon each
~II. CONDOMINIUM ASSOCIATIONs
1. There is an Ajax Condominium Association established by
the Declaration and By-Laws'of the Ajax Condom'ir.iuDls. Each
ownerlsamemberof ,the Asso~iation, al\.d, i.entitled ,to
participate in its affairs in the, ma,nr:'er se~f,ort;h intheBy-
Laws of the Association. This Agreement shall establish
additional rights and obligations among owners of a
condominium uni~together with the obligations of owners of
units as. set forth in the Declaration and By-Lawe for the
condominium. ,<
2. Without llmitin1 the generality of the foregoing, each
owner may be entitled to vote his 1/16th (or~~re) interest
in the common area!nterestattribu.tab~~,to,~i~:~nitatany
meeting of the OWnerB. OWne:S:,lImay elect how.vlt,' toeelect
by a ..ajorit~ 1~ ir,terel.t .vot8. a repre8enht1vlwbo8hall be.
empowered by ~his Aqreement to represent ~~er~' ofedeh
condominium unit,and wh~e~representative ahal1 thereupon be
authorized to attend a meeting or meetings of the Condominium
-18-
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Association and VOt6 for and in behalf of the owner. Of8uch
condominium unit. ,a~Buchmeetln98. such selection,or a
representative may be at any 'meeting of the owners or by'mail
by a ballot provIded by the managinqagent, which ballot may
contain the names ot at least three (3) candidates for each
u1'1it and Buch repr,eeentative Ahall be selected by ..aj:orlty
vote of the owner.'ret~rnin9 such b~llot . to . the managin9
agent for Buch unit. 'suchtepresentative need not ..~~ . an
owner of a use period, \Jut preference shall be given to Buch
owners whenever possible. The managing agent shall U..it9
discretion in selecting the thr~~ candidates to be theOwnerB
representatives for each condominium, unit who shall be the
roost qualified and able to represent Buch units and the
owners thereof., Any owner may by request have his' name
placed on the ballot for his condominium unit by the managing
agent. The ballotBfo~ ,each condominium unit shall be 'mailed
to p.ach owner thereof at the time "the annual report is
for_arded to the owners." ~nly ballots retur~~~w~th~n 1
days of the date of mailing to the owners will ~e counted.
subject to
according to
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3. Each owner shall be a member of and
assessmenl:8 by the Ajax Condominium ABsociation
the Declaration and By-Laws.
XIII. pnRNTTOftF. ANn FDRNISMINGSt
Each condominium unit shall be provided wfth bas,icfurnltU:~e and
furnishings. At the time of purchase of an intetest in the, units
subjected to this Agreement, such owner shall also acquire an
ownership intereBt in the personal property contained in the unit
equal to his interest in the unit itself. A listing of the
ep(!ciflc items to be provided to a particular unit shall be given
to each owner at whlch tiIne.eaeh .o!nernba~l . alBo .... aequ!re. an
ownership interest in Bl1ch,}Urn'iture',!ind.rurnishin9s equal to hiD
porcenteg. of interest in 8uch furniture and furnlehing8 .tqud ~o
his per:c~ntage of intereBt. f,o,rt~~,ll'\t.rY'l(lg:) purchased at . the
closing upon which the owner acquires an interest in . unit.
such listing shall be coftsiderLd to be incorporaled Int~t~lD
Agreement. The managing agent shall be responsible for kltpJ.ng
~ach condominlumunit _ equipped 1n a first clasa,.r,n:,.er
substantially in aCGC)Jdance with the listing conveyed to e.lch
owner of the 'unit, and Shall be authorized to replace or repair
any furniture or furnishings which are missing, which become
unusable or whichbecom~B so worn as tor~quire replacement, in
the reasonable judqment of the managing ag~nt. Except in caseD
where any Buch furn~ture or furnishings must be replaced due to
the negligent or int~~tlonal act of any owner or his guest (which
shall be determined by'the mana~ing agent in itBre~~~nable
judgment) , the expenses of r@placing Buch furnltur. or
~
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fnrnishlngs shall be a general operatiuqcost of the. con~c;minium
unit, and such ownerthereofsha~l pay hiB share of B~cb expense~
At each cleaning period, the managing ~gent shal\ inspect the
con~ominium unit and shall determine whether th~re are any items
of furnit~re or furnishings whlch need to be replaced or
repaired, and if so, whether such replacement or rp.pair is the
responsibility of the olilll:E!:r durinqwhoa8 use period ,such repair
or replacement becomes neceSsary', and Buch 1088 or damage t.o such
furniture or per8o~al prop~rty has been caused by negligent or
overt acts of an owner, his guests invhich'casl! the colts of
replacement or repair, Bh~ll be billed. to and paid by such owner..
Themanaglng ac;ent shall notify any )wner promptlY if he i8 to be
charged for any items of furniture or furnishings which n~ed to
be replaced or repaired. If the expense of replacing or
repairing any such furniture or furnishings is to be allocated
among all of the owr.erB; the managinqagent shall report that
fact to all of the ownetc in its next regular leport required
under paragraph VIII. . The managing agent mayusc the account to
pay for the replacement or repair of any furniture or fut~iuhingA
under this paragraph XIII.
XDl-.. ..RE1IDDf;f.INn A>>DRF.PAtRSI
1. Except as otherwise provided herein, no condominiUm unit,
furniture or furnishings shall be altered, remodeled or
renovated unlesS Buchalteration, remodeling or renovation
shall be approved ~nwriting by the owners thereof whose
aggregate intervalS or periods of use have an interest in
exceSS of a majority of the total value of the condominium
unit affected. Any such ep?roval shall ident~fY the
alteration, remodeling or renovation to be done in reasonable
detail and shall establish a bu~get therefore.... All such
alteration, retlll)oeliJ"!g or renova":.ion Shall be cortducted by
the managing agent which shall be ~ntitled to a 'teasonable
fee for performing thiB function if it requires _ork not
normally co~sidered to be part of the managing agent's
function. Such cost shall be a~ operating expense of the
condominium unit and "'!Ach owner e~jall pay his allocable share
thereof..
~
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2. All repairs t~ a crnd9minium unit required in oraer to
~alntain, thecondomirium unit in the man~~r .re~uired by
paragrar^ VIII-5-ii .~..ll be made by the managing sgent. No
owner tnall make such repairs,
3. No owner shall cause any material to be furnished to his
condominium unit or any labor t~ be performedtberein or
thereon except 1n the m~nner set forth in paragraphs XIV-l
and XIV-2 above.,E8_ch 'Qwne'rshall ll'\demnify and hold the
other owners of hie condominium unit harmley.~g.inst any
10B8, damage or claim ariBin4 out of hiB breach of the
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provi.icns of this paragraph xtV~'. including but not limited
to the costg of removinq any unauthot~zed improvementn, and
repairing and restoring the condomi~iumunitto8ut8tantlallY
its condition prior to such altetation,' remodeling,
r~nov~tion or repair and the coat of removlnQ, bonding,
eefendinq or paying ~ny mechanic's service or materialmen's
liene.
xv. OA.MAGF. nR D'r.~'t'RUC'1'IDNt
In the case of damAge or destruction to any of the personal
property ina con~ominium unit, the manaqingagent shall collect
the ins~rance proceels payable on account of Buch damage or
destruction (as attorney-ln-faet for the owners) and, unless the
project is not to be rebuilt or repaired under the condominium
declaration, shall apply the proc~eds of insurance toreplac@ or
re~air damaged or destroyed personal property. If any excesS
funds are required in order to replacp. or repair such personal
property, such' excess 8h~ll be a general operating expen8~ of the
ownerS in whose condominium unit t~~d~~age or destruction
occ~rred, and shall be billed to the owne[s of that condominium
unit acc()rding to their allocable 'sha.rE!. If the insurance
proceeds e:o;ceed the cost of ,repair or replacement, Buch exce~B
shall be placed in th~ account for the benefit of the owner~ of
the conr.~minium unit in which such dama~e or dest.ruction
cccurred.
XV!. TP-RM1NATIONt
If a condominium unit after damage, destruction or for any other
re~son ceases to be Bubject to the condominium d~claratlons or
otherwise, the managin9 age~t 8hallb~ _entltl.d to receive , as
attorney-In-fact fnr the ownerl of all condomi~lum units whlch
are nolonqer Bubject to such condominlumdeclarationl, all auml
payable to such owners under thee~ndom!nlum declaraticne, or
otherwise. Such Ruma shall be eolle~ted by the mana~ing agent
and divided among 8uch owners and paid into separate accounts on
the baais of each owner t I! allocable ,I'h8:ce, . one for eacho..,ner of
an undivided f~e simple interest in a condominium unit. The
fundI! in each account (without contribution ftom one account to
another.) shall be applied by the mana\ling agent for the following
purposes in the order indi.catedl
a. For payment of the balart~e of' any llen or any mortgage or
deed of trult on the intereat ot any OWner.
b. For payment of taxel andepecial allellmene . 11e~1 in
favor of any asslls.lng entity witb respect totheintereet of
the owner.
-21-
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c. For rayment of unpaid qaneral or individual.. oparaUnq
assessment' attributable to the intet'est of the o"~:.r~
d. ror paymedt of jUdior ~lenft and encuMbr~ne~~,l~th.ord.r
~nd to the extent of th.irpriorlty wlthresP.ct" to the
interest of the owner.
e. The balance re~ainln9' if any, shall be pald to the
owner.
o
The provilions of this paragraph .hall not be con.tru~d 88
li~iting in any way the right of a firat li.nor (in caae the
proceed. aUocated und.r (a) ah.ll be .1n.uf.ficient to 1>4Y the
ind.,btednelUI lecur.d by itlllen) 'tO~'."I.', 'and _.nfo~c. . the
p.r.onal lhbility for .uch deficillncy of the ~ra6n Or.per.on.
r~'ponsible for po!ytnent: of such indebtedOle...
XVII. AMF.N'DK~t
The ~9r~ement may beamerided or te~okedt
a. By the Originsl Own~r at any time prior to the r.cording
of the first ~~ed,to any 1/16th owner, end
fora', tof t.hl!t
condomlnJ.uJIli
th.ttl.ma.
.
b. upon the written approval, in recordable
o wn~r!l'l in interest or; more than 70' of tht.
untts 1, 7 and8submit~ed to this Agree.entat
Xil~OTTCr. TO MAN~GtNG Ar.F.NTt
Reanonable advance notice must be given by an owner' of hie
intention . to us" bie usepei'iod~ which notice shall be 'CJivenat
least Bnv~n- (7) daye in advance of his arrival time and Ihall
include the estimated time w!len,theoVner wishes to ):~.,C'upy hie
unit.
~JX- "-RM'I'ALI
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tf an owner due.nC)t provide se.en (7).58Y. advl1hc~n.oi~c..'t'6'0t:.hc'
~ana~ingagent, the agent may a..um._the owner has el*ct.a not to
use his time period that year and.ay in jta dilcretion attempt
t.o rent the.atlle. ."It the.",ner:.. t~e-r!attet ....Iect:.~o.. ,U... ...hiD
timesbl"re period he may do '.J if the' lame i.tt.il1av~p.~~;~a'u!,
has nr.,c been rentect.. . If ,rentec5, thelftanaqing agent .u.t: '.::eount
to th~ owner directly' for t:be ovnilrr:,'..ahar:t>. t)f ...tbe. ,rent,al
pll)t:e_ds acc,ording to the agreement ,betwell!'n the ()wn.r 'and t~.
ma'tlaqinq "gent (after' deductin9 expen..e,,). There Ilibal1be. no
pooling of rant.l procaada by tho manaqing aqant with rant. frna
other perioa.. An ownar may alact to r~nt hi. unit hi.a.lt or
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xxvtt. I;EPa.Aa.lfl!: MOA'MJ\.C'U.I
Each owner Iball have the right tomortglge or otherwi.. encumber
his interest in his unit. No owner shall have the .ight to
mortgage or otherwIse eneumbel' 'in any manne'r whatloe\1_r the
interest of any other owner in such unit., AnY mortgage;, deed of
trust, trust indenture ()r other encumbran~e:()fany interest in a
unit shall be subordi,,~te to .all of the provisions of this
Agreement, and in the event of foreclosure t~e proviB~On.'of this
Agreement shall be binding upon any owner whoBe title 1_ derived
through foreclosure by private pow~rs of Bale, judicial
foreclosure or otherwise.
XXV1It. SOCCESSORSt
Each owner (including tbe Original Owner) shall be
diSCharged and relieved of liability on the covenant. ",of
Agreement, inBofar aD the same relate to hiB ,inter~~t l~a
upon ceasing ~o own any interest therein and paying all .ums
performing all, obligations in respect of Buch inter.at to
time his ownership i8 terminated.
xnx.--CALENIlAIl'
tully
this
unit
and
the
~ .year- as referred t~ int~isdocument commences on tbe firlt
saturday of each January at 12100 o'clock P~,M. (n?onJand ends 12
months later. A .Week- runs froa~atur~ay at 12100~'clockP~M.
(noon) to tlle followinq saturday at Ih590'clock.,~.".".,,,ith 1feek
No. 1 beginning the 1st week,lnJaJ'luary commencIng on' ,the' 1st
Saturday of each year and Weeks N~.' 2 through 521~diatelY
following thereafter conBe~utlvely. There are 52 week. 1n the
normal year. Bowever, everyflv~ or siz years a 5~r4~eek will
appear at the end ?fthe defined calendar period prior to
Timeshare Week "().,.lo~th. new, yeares definedabQv... , ,In that
1nstance, the UI. of the 53rd~eek will 9() to the ~fter ol th~
S2nd week. ~n the next 100 years, this occurs In_th~ye~r.t
1986, 19~2, 1997, 2003, 2008, 2014, 2020, 2025, 2031;2036, 2042,
2048, 2053, 2059, 2064, 2070 and 2076. The Weeks.a.e numbered
consecutively beginning with Week .One- a8 deflned.~~~e with
una~Bigned weeks or weeks n~t referred to in any of the deeds
beln~ set aside for maintenance,r~modelinq and returb~sbi~9' and
which are weeks 19 and 20 and 45 and 46. . .
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XXY. GENEIta..t. 'l'lIlRMI
1. Each owner by accepting conveyance of a deed to a
condot'lllniua unit subject to the provisions of, tbll,:Agteement.
agrees tha,t tl'lt! e,ovenantlandother provision." hereof are
reasonable ~ns~opeal\d effect, and are e.8entla~to the form
ot ownership in which such condominium unitie t6 b. ~"d.
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2. 'l:f ,,"y of theprovision8 o,! ,t!t18 Agreement or any
parag['...,h, sentence', clause, phrsaeor word, ot the
application t~ereof, 1n any circumstance beinvalldated'c1uCh
i'lvalidity shall not effect the validity of therella1nder of
this Agreement, .n4th. applicatiun of any 8uch provillon,
paragraph, clause, phrase or word in any other circumstances
shall not be affected thereby.
3. The provisions of this Agreenent Bhall be governed by the
law8 of the State (If Colorado.
4. Wht!nev~r used herein, unless the' context shall otherwise
provide,. the singUlar spall in,clude the plural, the plural
the singular, and the \lIe of any <Jender shall include III
gender8~
,c'ltXT _ ~nLp. ommJ\5:;RIP - 'IlP.t.J'!ASEl
After the recording of any tenancy-in-common deeds eonv.yinq .. a
1/16th interest with respect to a Condominiufit Unit, if one pe:raon
or entity bE-comesth. Owner:ofall i;tterests ineuch ,unit, .IUCh
owner may rele."e such Unit ,from the provisions. of. this Agreement
by recording in the real property records of pitkin County,
Colorado, a~ affidavit riciting hi60wnership of all periods of
use of a oellignated condominium unit and his d~Bireto r~lease
such unit from. the provisions hereof. upon recording' such
affidavit, . that eondomini~m unit shall automat iCily be teleased
from the provisions of this'Agreement.
IN WITNESS wHEREOF, the Original OWner hae duly executed
this Supplemental Agreement this ~~+-- day of ~~, 1981.
}~~O~~ -
MICNAEL TES~HNER
STATE OF COLORADO )
..--,' , r s&.
County of r,1. /w- )
On thlo ...:J:!:;:;.. day of ~ 1;f.:i--~ , 1981, before me.
the undersigned, a. Notary Public. In and ~or . the State of
Colorado, per.ona1lr appearedKICHAEL TESCHNER, known t~,~~ to be
~~~,crn~:~~d:~~s:,,n::et~:teh~s;~~~:~e~O t~:e .:,;;hoininet"l1lIilnt end
.,,,~~l:rNESS wHEREOF. i have hereunto eat ..y hand ana.ofUcial
e~ . .. dey and year fiut above written.
.'1.. ,.' ",/
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,.'. \:ur,,-? <i' ~ ,./' l/ ,
; -. r 0 ~ ~~
.~ ,), ~;~._ .:~ Notary Pu l1cjOr th. tate of colorado
($EAL) J~~'';' : Resldin:,) I\t't' H. - -..., color.lSo
. ''r' '. ,.' ." My commillslen Expir.S' --
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TITLE ASPEN
.sdDmuLE B.
SectiOD 2
1"'\
I; ,-'J
NO. 377
P.4/8
Order Number; P0030451 .
EXCEPTIONS
The policy or policies to be issued wUl contain exceptions to the following unless the same are disposed of to the
s:uiSfactiOD of the Company:
1. RighlS or claim:s of parties in possessi01l. Dot shOWll by the public records.
2. Easements, or claims of easements, lIOt shown by the public records.
3. Discrllpancles" conflicts in boundary lines, shortage in area, encroaclunents, and any f8l:ts which a correct
survey and iDspectioD of the premises would disclose and wbich are IIOt shown by the public reeords.
4. Any lien, or right to a lien, for service:;, labor or material heretofore or bereafter furnished, imposed by law
and IIot shown by the public recorda.
5. Defects, liens, CDCllDIbrances, adverse claims or ather tuattets, if any, created, first appearing in 1I1e public.
records or auacbing SubseqUllDt to the effective date bereof, but prior 10 111& date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by this commitment.
6. Unpatented miniJlg claims; 1'eservations or exceptions in patenlll, Or an act authorizing the issuance thereof;
water rigb.ts claims or title to water.
? Any anc:l al~ unpaid 't.az:..s IaDd ...el!ls1MID'ts IlIld ail}'" UJ::Lrecle_.a. t:.ax Ba1es..
B. ~ _ff'ec:to or iIlc::1.\l..iOD.& .iD BaY g'.~.l O~ .peci1ic' .ai:ar consttrYaucJ', -Ei.:ee
p!:otect:i.OII., &oi.l. ccm..%Tat:.:i.o.ll or oi:beX' d:i.at.ri.ct:: ozo inclq,s.iOl!l in ~ w.~.r'
BSr'9'i.C. OJ: IIt:.zoeat: ,~prcrr....'t. aZ'lta.
9.. Jti.g:hi: of' tJ:I. p:ropr:L.i:;or o:f a' .....u. ar 10de to .~ct &JUl ~.CI'V.
thezarn... aJ:aou1d. t.!Pa .... be faw:a.d 1:D JI.a.et.ls1:e 'Dr iAt.S"seet: t.Ile
b.8~y g~IUl""ed, ami rigbt:. a:f way 'Ear d:lt:.cI:ut. &IlCl caua.~. 1CI01l8t.a:u.c:t..ct
aut:har:i.t;y of' 1:.11. tr.ai.t:1!ICl s't.at:... f .. ~a.ne4 .u.. Uai.1:.a. Bt:ao. prt...-e
J_""rr 20, 189B i.. _ok 136 Ato Pap 173 aa Recepl:.i_ 110. 211925.
xO. A11 .iDerals lUld .i...r.:l. r:i.gII.to" UDderly.i.Jlg _i.1l abov1o Il.""'r;bed propart:]' ."
re".now _ ..xcepbd I>r Spar co.."olj.ola1:ed KiD"" COapaIly iJl Book lA8 at: Page
59B .. Rac~ .... lOe6?7.
b..is OZ'.
p~..
by the
reccrlled
11. Zaa08ltJDts .. ::r".Il!lr:E"Ved Us. i.D.~r1UOIIIILt:. raCOrd...! Oci:.cber ',. 1962 in l:1aoJr. 199 at:.
Page 353 ... Racept.ion No.. 1..14.165,. 4e.erib.ct aa fo11ow.: an easeatlOlt 10 t"_at
i.D. wi.dt:b,. tohe cea.ter:l.i.u. af whi.ch i.. c:oiDe.:i.de:a.... w.:i.th t:.b._ .outher~y Ixtundary
U..... oE au11j"c1: praparly.
12. "r.~.~ COYIUUUlt:..~ eodlU.t.ionsl __ad.~a, re.st:.ric:t:.i.Daa, D...., J.iai.t:a~,
ctb1i.ga~ioaa~ &ad. 'ft!IIserva'ti.oDs .. aet. 1oa::t:J1 i.D ~ ca-.aJ.---i-iua .oecJ.aJ:'a1:J.cm far
Ajax CODdDa:1rdJa&, fozaer~J'" dw:-=r.ibed.... MaDar Ko__ ~~':..u......,. rec:ariltld
..."elllber 6, 1978 iJl IIooJc 357 .1: pagll 660 a" ..aepl>.ioD 11'... 208903.
13. Ba.e1IlI1Ii:a Gad ziqJ:rt.. at _'!" as shDWll ... t:he
~rd.1l i.n Pla~ Ioak 7 .1: Page 20,
CODcla.d..ui.... , EOnH!l%'1y d..c:r:.ibed... Mluaa'J:'
Pl..1: Ilaok 7 a1: Page 61.
Map at M_oZ" JIou.Ii. ""'........"II~.i.n:i.va15
lUld a. ._ aD the Map ..E Ajax
Bo1lse ('-oIl~,...:i.G.i1dlIl, rIIcarcled in
caat:.._ OIl D""'= page
oct.. 10.2002
<.....,>'"."..,..'-.......,.".,
........1'" ~,......
11 : S8AM' I hEi-mT
/
TI TLE ASl"Ei'I
~U-;:J'C.U-"'l';)"";:J
, NO. 377
.
"""
p. 1 c::
P.3/8
<,
"
.
SCHEDVLE B
Section 1
Order Number: 000304l5~
lmQUJREMEN'I'S
The fullowing are the requirements to be complied with: '
Item (a) Payment to or for the account of the gralltors or mortgagors of the fu11 ooosidlltlltioJl fur the estate or
interest 10 be insured.
Item (b) Proper iDstrument(s) creating the estal:ll or interest to be insw:ed must be exedUed and duly filed fur
record. to wit:
1. Dee4.. 0'" _~_c:e of P1""_ 1"9&1 P1"""_diDt]. llPpr:a...t by ... atto:rDooy for
st....n ti't.J.. auar8.lRY co.paay d.1qJoa:i.sag' of 'the i.n.i:..r.a1:; o~ Darr..1.1 ".. Boover.
IIOR. l).r_11 F. 11''''''''.''' ,aCqUj..J:1t .. o_-Iull! int.....'" iu tu p._......<ty by D..d
r.~.d 1Cal"Cb 27, ue9 in BooIo: 588 at: Pagoo '18 aa aecept.i.au .0. 309990, ....
d.ed z:rA.D. be :f0lUld D~ Z'eCor:d of ~t:. i.:o.1:.e:t:..t:. b.iDg eoaV8J"ed_
2. B.e1..... cf Deed of Truai:; da:ted D.I:I'ItIIb.~ 1, 2000 r ezecut.4 by Sha.i.J1e S. BbJ:'illLia.i,
1:0 the Publ.:i.o !b:'utftee of Pi..tkia CO'IIDt:.y, Ut secu;nI ... .i.acIaI:I1:eila... of
5~50,000,OO, iA favor of A1~iAa Bank .apa~, ze"ord.d 3a~arr Z, 2001 as
ll.ec.pti.... 11'0. 40501.32,
3 w e.rtJ.:f.:lcat:e
COad.omia:L....
ClODdoaini_
f'roa t:h. 'MIh1&geMIUl1:.
_:cpeases l:Iav. :b.8D.
Dec.1ara:t:.i.oD ...
gTau.p ....idal1CJ:l..Dg 1:.1Ie f.c:rto
pa:l.d purs_to to p...agraph No.
tlult .U
24 of i;lz..
4.. a...:i.d.eaC8 .1I1:::i..:f.ct;.~ 'to ;M:._ri:o !ti.t~. dba.:raa:t.'f CoIIPaD.]", :EuaU.Sbttel hr t:he
Oi;f:l.".. o:f 'I:ha n>.rec1:or of P:I.........., C!i.+'1I' of a..p..., 1:.11.+. tile f01~ow:l."'9 taxe.. _
He:a. paj.d, or t:.bat. eoa.vtlp8ce J.w ex_pt: f'roa ..id taxa. I
(1) :rh.. '""-a1_ ll.eal ERat. _a_1'.r !l!.x' p\l".....II= to nrcJiDaD- _. 20
(S.rJ.aa of U79) aDd (2) !!!he "Bo...:iDg' a_I !la+.ai:." fta..sf_ !I!_" pur...Il..i:. to
02:di....=. Wo. 1.3 (Sotr:i.e. of' 1."0).
5" A.. Cert:U.i.cat:.e.o:f JlDD-foxoe.:i.ga. .t..bs" dll1.y exac:ut:.e4 by 'tJ:&e ...11er(s}, purs'llalt.t.
i:.o S.ci:..i._ 1.445 of 1:.11. %..t.......J. ........... COclo AJID
a w Sa't.iafllcmry ...i.dall.c8 of 'tba &a1.l..r( a) Colorado J:es:1deu.ey (03e'
ia""qxora+.LOD.) pv.r.'D&lIlt. to Colorado Bouse B:l.11 92-1270.
_. secti.a.. 1445 of' Ue :IDi:.*""'A1 ....._u.. COde ~.."".. iili_1.lIilog of t""
froa .U... p:t'D"ea4a U tha i:.r.....f.....r (sell""') i.s a fore.i.ga persOD. .... _tit!,.
C01.orado _....... Bill 92-J.270 aar rwoqu;.r. ..i1:.bhalil:i."'g of t... f..... sal.. proc_da
:1.:f ~ s.11.:I."'(.) i. AO't ... CD~oraclo re.i.clao.i:.~ De1:&;i.~e4 ia~O:nl.~i.-+ aad l"onl8 are
.va~1ab1.e 'f-raa St:.ewart !I::l.t:.1....
~.. X:ad-ity IUbl Af'.f'.i.daviot .. m Debt., IliaD. IIJId Lea... I d1&l.y execrated. by i:.hlli
bo"zoawar and .ppr......d by st:ewart ri1:J.e of M_, Zzac:.
7 ~ h.d free 'V'e.st:.1Id awAe%, .-est.iJlg ~ee ..iapl. ~i.t:.1e in pa:rabsBer(.)..