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HomeMy WebLinkAboutpitkin.planning.273707425001, thru 094DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x1') PARCEIL ID:12737- 074 -25 -001 thru DATE RCVD: f # COPIES: i CASE NO 1985 CASE NAME: Centennial Housing Development Project PROJ ADDR: Spruce St S -T -R a OWN/APP: Centennil -Aspen an ADR � � GJSJZ: _ PHN: REP: ADR:'a C /S /Z., PHN: Email Addr: - -� ALLOCATED HOURS:' FEES DUE.', FEES RCVD i °i OVER: I - - - - -- REFERRALS REF BY` DUE:: MTG DATE _ REV BODY PH NOTICED DATE OF FINAL ACTION: 3J19/1985 No BOCC Reso: , 85-27 #267063 85 -25 #2 _ __ No BOCC Ord: `No REMA annexed to City PZ; HRG OFF;- CLOSE BY: - HO INDEX - �— PLAT RECORDED PLAT (B K, PG): ADMIN INDEX:,; VR APPROVAL DATE: VR EXPIRES:' _- CASE TYP: Housing Development Approval CASE TYP5: CASE TYP2: F CASE TYP6. CASE TYPT i CASE TYP7: CASE TYPO: - Date Scanned 8J30J12 File Location: FILE FINDERS BOX 55 Given to City i I WHEREAS, Centennial - Aspen, a Limited Partnership, and Centennial -Aspen II Limited Partnership, a Colorado Limited Partnership (hereinafter referred to as "developer "), the Board of County Commissioners and the Pitkin County Housing Authority are joint applicants for a final plat approval for the deed restricted Centennial employee housing development on the land described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the application received general submission ap- proval from the Board of County Commissioners on March 14, 1983, by Resolution No. 83 -20; and WHEREAS, the application received detailed submission approval on January 23, 1984, by Resolution No. 84 -5; and WHEREAS, a resolution amending the detailed submission approval was granted on March 11, 1985, by Resolution No. 85- 25 and WHEREAS, an application for final plat approval was filed with the Planning Office on January 26, 1985; and WHEREAS, the Planning Office has circulated copies of the application for final plat, approval to the appropriate referral agencies and staff members and has received appro- priate comments, which comments have been satisfactorily addressed or provision therefor is made by this Resolution; NOW, THEREFORE, be it resolved by the Board of County Commissioners 1. Final plat approval is hereby granted for the subdivision of the property described in Exhibit A into Lots 1, 2a, 2b and 3 and the dedication of Lot 2a to the Centennial Condominium, as shown on sheet one of the final plat and for the location of the condominium air spaces for the units in the Centennial Condominium buildings P and Q situate on Lot 2a as shown on sheets 2 and 3 of the final plat. Final plat sheets 1, 2 and 3 are approved for filing. 2. Final plat approval is also hereby granted for a first amended final plat dedicating Lot 1 to the condominium and locating condomiium buildings A through D thereon and for the location of the condominium air spaces for units in Centennial condominium buildings 'A through D situate on Lot 1 as shown on sheets 2 through 5 of the first amended final plat. 3. Final plat approval is also hereby granted for a second amended final plat dedicating Lot 2b to the condominium and locating condominium building O thereon and for the location of the condominium air spaces for units in Centennial condominium 000001 J q BOOK -o w x o t V RESOLUTION N =:" OF THE BOARD OF COUNTY COMMISSIONERS cam OF PITKIN COUNTY, COLORADO, o -�<y __4 GRANTING FINAL PLAT APPROVAL ti O r=n� TO THE CENTENNIAL PMH PROJECT cox a o x _ Chi =rn Resolution No. 85- 27 c.= rnn W WHEREAS, Centennial - Aspen, a Limited Partnership, and Centennial -Aspen II Limited Partnership, a Colorado Limited Partnership (hereinafter referred to as "developer "), the Board of County Commissioners and the Pitkin County Housing Authority are joint applicants for a final plat approval for the deed restricted Centennial employee housing development on the land described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the application received general submission ap- proval from the Board of County Commissioners on March 14, 1983, by Resolution No. 83 -20; and WHEREAS, the application received detailed submission approval on January 23, 1984, by Resolution No. 84 -5; and WHEREAS, a resolution amending the detailed submission approval was granted on March 11, 1985, by Resolution No. 85- 25 and WHEREAS, an application for final plat approval was filed with the Planning Office on January 26, 1985; and WHEREAS, the Planning Office has circulated copies of the application for final plat, approval to the appropriate referral agencies and staff members and has received appro- priate comments, which comments have been satisfactorily addressed or provision therefor is made by this Resolution; NOW, THEREFORE, be it resolved by the Board of County Commissioners 1. Final plat approval is hereby granted for the subdivision of the property described in Exhibit A into Lots 1, 2a, 2b and 3 and the dedication of Lot 2a to the Centennial Condominium, as shown on sheet one of the final plat and for the location of the condominium air spaces for the units in the Centennial Condominium buildings P and Q situate on Lot 2a as shown on sheets 2 and 3 of the final plat. Final plat sheets 1, 2 and 3 are approved for filing. 2. Final plat approval is also hereby granted for a first amended final plat dedicating Lot 1 to the condominium and locating condomiium buildings A through D thereon and for the location of the condominium air spaces for units in Centennial condominium buildings 'A through D situate on Lot 1 as shown on sheets 2 through 5 of the first amended final plat. 3. Final plat approval is also hereby granted for a second amended final plat dedicating Lot 2b to the condominium and locating condominium building O thereon and for the location of the condominium air spaces for units in Centennial condominium 000001 J q OOK 48`3 PAAJ3 building O situate on Lot 2b as shown on sheet 2 of the second amended final plat. 4. Such first and second amended final plats showing the location of the buildings and the condominium air space for the units on Lot 1 or Lot 2b shall be retained by the County Attorney and may be filed at the request of the developer. 5. The developer and County have agreed that the timing and the further description of certain of the public improvements to be installed and other matters regarding this development shall be as defined in this paragraph which shall be conditions of final plat. The County shall exercise reasonable judgment in determining compliance with such conditions. a. The paved public roads in the project shall be constructed to the typical cross section specifications submitted by Anderson & Hastings, civil engineers, dated June 8, 1984, as shown on the civil engineering drawing sheet C -5 revised to substitute a four -inch sub -base material for the five -inch mine dump material. b. Developer shall accomplish finish grade of Park Circle road crossing the property by July 31, 1985, and install paving, curbs and gutters thereon by November 1, 1985. Developer shall coordinate the construction of Park Circle from Brown Lane to the southeast side line of the property with the County construction of Park Circle from the southeast boundary of the property to the existing portion of Park Avenue. Developer shall not be required to complete the construction of its portion of Park Circle sooner than the County can complete the construction of its portion of Park Circle. C. Developer shall construct the retaining wall along Park Circle behind the Smuggler Run Mobile Home Park shall be constructed by July 31, 1985. Construction plans, drawings and specifications for such retaining wall shall be submitted to the County Engineering Department prior to the beginning of construction. Prior to construction of such retaining wall, developer shall install temporary fencing 20 feet northeast of the embankment adjacent the Smuggler Run Mobile Home Park and shall prohibit construction vehicles from traveling upon such 20 -foot strip of land except as necessary for construction of such retaining wall or Park Circle road. d. The unpaved portion of Spruce Street shall be regraded and restored with road base so that the road is equivalent to Pitkin County semi - primative road standards, and the roadway shall be improved with an uphill drainage ditch draining into an 18 -inch culvert to be located under such roadway adjacent to the paved 'portion of Spruce Street. 00000-2 83 uu�'` pauE. A e. On completion of the final grading for the project, Developer shall have Lincoln- DeVore Laboratories establish appropriate subsidance monitoring benchmarks where dwellings, roadways, walkways or parking slabs overlying the Cowenhoven Tunnel or the workings of the Molly Gibson and Free Silver Mines in the southern portion of the property. Monitoring measurements shall thereafter be made every three months by qualified engineering geologists or geo- technical engineers with subsidance monitoring experience for a period of three years, and the results of such monitoring measurements shall be promptly submitted to the building department. f. The landscaping and lighting plans shall be reviewed by the Planning and Zoning Commission as soon as feasible hereafter. The Planning and Zoning Commission and the developer shall cooperatively finalize the landscaping and lighting plan, and developer shall make any reasonable modifications to the plans recommended by the Planning and Zoning Commission. Any disputes arising between the developer and the Planning and Zoning Commission may be resolved by this board, if necessary. The approved landscape plan for each housing pod shall be implemented in the appropriate planting season following the completion of construction of such housing pod. The lighting plan to be installed shall be low level, all levels shall be shielded from view; and high intensity lighting sources shall be prohibited. g. The drainage plan to be implemented is that designed by Anderson & Hastings dated January 26, 1985. h. The concrete walk and detailed plan to be implemented is that dated July 3, 1984, by Civitas modified to provide that the concrete slab shall be installed over compacted topsoil and shall be further modified to conform to the final landscape plan or other modifications hereafter approved by the Planning & Zoning Commission. i. The public improvements required for this development which are not yet constructed, such as the sidewalks, trails, curbs, gutters, signing throughout the property and parking lots, laundry meeting room, management office and playgrounds for Lot 3 and the final location and alignment of the Salvation Ditch, shall be shown on a fourth amendment of the final plat of the Centennial Condominium Subdivision and Condominium plat upon completion of such public improvements. j. Developer shall provide a letter to City Engineering Department making the assurances requested in Jay Hammond's letter of December 18, 1984, regarding pressure testing of the water lines within the development, which letter from developer is incorporated herein by reference. -3- 0U 0 ON no BOOK 483 PAuE.6J k. Developer shall cooperate with the County to accomplish a land exchange of the triangular - shaped protrusion on the west side of the southern most portion of the property with an equal sized parcel of land with the adjacent private landowner provided that, at the time of conveyance, developer shall be reimbursed all his costs and legal expenses necessary to accomplish such land exchange, including costs to revise developer's deeds of trust on the property. 1. At the time the County records the deed to developer to the two out parcels within Lot 3 formerly owned by the BLM, such out parcels shall be merged with and become a part of Lot 3. M. The as -built utility maps placed of record. The County has reviewed and approved the phased completion of the public improvements to be constructed by developer and the provisions of this resolution and the amendment to the improvements- agreement and security provided therein shall be deemed compliance with the provisions of paragraph 9 of the improvements agreement and developer is released from any requirements of a covenant under Section 6-4.5(a)l(A) (1) of the Land Use Code. Approved by the Board of County Commissioners of Pitkin County, Colorado, at their meeting on March 19, 1985. BOARD OF COUNTY COMMISSIONERS OF.PITKIN COUNTY, COLORADO By Chairman LeWis Scanlan �D'eputy Clerk and Recorder -4- W0004 DEVELOPMENT PARCEL 82-146 (SUPERSEDES -r)ESCR1P'.1'I0.N OF JANUARY 24, 1984) A PARCEL OF UID SITUATED IN SECTION 7, TOWNSHIP 10 SOUTH, RAINGE 84 WEST Of' THE. 6TH 'PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, TIEING MOU FULLY DESCRIBED AS FOLLOWS: _j C,--" _,mot.. T i I -E-N, C 11, S 88 48'36" E 135-99 FEET; THENCE N 01002'42" E 551-90 FEET; THENCE S 89003'12- F 34.61 FEE:; 2; THENC-E S 87059139- E 52.99 FEET; THENCE' S 34018'25" E 1350.00 r-"! i ENC E S 55041'35" W 2 , 1, 1 . 73 F L THENCE S 47037'25" E 48.~17 FEET; T I i E * 4 C --- S 40028'10" E 59.52 FEET; THENCE'S 05058'23" W 224.13 FEET; THENCE S 46005'25" W 65-00 FEET; THENCE N 43054'35" W 90-00 FEET; THENCE N 55012'17" W 158.35 FEET; .THENCE N 52047'48" E 43.08 FEET; THENCE N 45000'00" W 203.78 FEET; THENCE N 81023'42" W 71.78 FEET; THENCE N 63044'45" W 168.04 FEET; THENCE S 89`57'22" W 304.34 FEET; THENCE LN 78 °25'15" E 35.66 FEET; THENCE N 0 0. " 4 0 00" E 54 .30 FEET; THENCE S 89`20'00" E 125.00 FEET; THENCE N 00040'00" L 88-00 FEET; THENCE S 89020'00" E 74.00 FELT; THEtiCF. N 02`38'00" W 60.10 FEET; THENCE N 89'20'00" W 27.40 FEET; THENCE N 00040'00" F: 170.82 FEET; THENCE S 86 , '--, i 'o 0 " .-.' 8:1._61 FEET; 000035 Y r Alpine Surveys BOOK 483 PAUE69" jAm 16, February 2, . ............. ................ ..... .. 1984 DEVELOPMENT PARCEL 82-146 (SUPERSEDES -r)ESCR1P'.1'I0.N OF JANUARY 24, 1984) A PARCEL OF UID SITUATED IN SECTION 7, TOWNSHIP 10 SOUTH, RAINGE 84 WEST Of' THE. 6TH 'PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, TIEING MOU FULLY DESCRIBED AS FOLLOWS: _j C,--" _,mot.. T i I -E-N, C 11, S 88 48'36" E 135-99 FEET; THENCE N 01002'42" E 551-90 FEET; THENCE S 89003'12- F 34.61 FEE:; 2; THENC-E S 87059139- E 52.99 FEET; THENCE' S 34018'25" E 1350.00 r-"! i ENC E S 55041'35" W 2 , 1, 1 . 73 F L THENCE S 47037'25" E 48.~17 FEET; T I i E * 4 C --- S 40028'10" E 59.52 FEET; THENCE'S 05058'23" W 224.13 FEET; THENCE S 46005'25" W 65-00 FEET; THENCE N 43054'35" W 90-00 FEET; THENCE N 55012'17" W 158.35 FEET; .THENCE N 52047'48" E 43.08 FEET; THENCE N 45000'00" W 203.78 FEET; THENCE N 81023'42" W 71.78 FEET; THENCE N 63044'45" W 168.04 FEET; THENCE S 89`57'22" W 304.34 FEET; THENCE LN 78 °25'15" E 35.66 FEET; THENCE N 0 0. " 4 0 00" E 54 .30 FEET; THENCE S 89`20'00" E 125.00 FEET; THENCE N 00040'00" L 88-00 FEET; THENCE S 89020'00" E 74.00 FELT; THEtiCF. N 02`38'00" W 60.10 FEET; THENCE N 89'20'00" W 27.40 FEET; THENCE N 00040'00" F: 170.82 FEET; THENCE S 86 , '--, i 'o 0 " .-.' 8:1._61 FEET; 000035 Y r f�►J Page 2 " De vc l o;jrnc t i t 1, a rce l (Supersedes tk scription of January 74, 1984) Job Nc . 82-146 �q PAOE�� 7 February 2, 1` 94 BOOK THENCE S 62 031'44" W 96.07 FEET; THENCE N 89 020'00" W 103.01 FEET; THENCE N 00 053'55" E 42.93 FEET; THENCE N 86 053'00" E 43.89 FEET; THENCE N 00 030'00" E 101.89 FEET; THENCE S 89 030'00" E 46.67 FEET; THENCE N 00030'00" F 163.17 I7E:ET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM GOVERNMENT LOTS 39 AND 40, CONTAINING *. NET OF 16.882 ACRES, MORE OR LESS. ' r i •� ;roll_ t, 483 PACE 71 111 11111111111111 1 1 7n, � IIIII�JII IML CIA IN.Al In 1,L] 600 Easr Hopkins • Suire 104 • Aspen, Colorado 81611 925 -1876 March 13, 1985 Jay W. Hammond, City Engineer City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re: Centennial /Water Service Dear Jay, In response to your letter of December 18, please consider this letter as assurance by Centennial- Aspen, a limited partnership, and Centennial -Aspen II Limited Partnership, a Colorado limited partnership, that we will require our contractor, Swerdfeger Construction, as soon as possible in the spring, 1985, to conduct pressure tests of all of the water lines within the Centennial project (other than, of course, that section of the 12 -inch main on Spruce Street from the cross at "detail five" to the second Hunter Creek tie on which has already been pressure tested) . Such testing will be observed by Anderson & Hastings engineers and certifications will be provided to your office of the results no later than July 1, 1985. Further, this letter constitutes assurance that the above named entities will be responsible for and hold the City harmless from any damages or claims arising from the failure of any of these untested lines attributable to leakage caused by improper installation or faulty materials prior to their testing, certification and acceptance by the City. Also, we acknowledge that the normal required warranty period shall be extended to and begin to run from the date the City accepts these lines. Also, we will take care of any adjustments to valve boxes, line depth or fire hydrants that may need revision after final grade installation in the late fall of 1985. ,. ' i BOOK 483 PAAJO Jay W. Hammond, City Engineer March 13, 1985 Page 2 Lastly, we would agree to hold the water department harmless from any damages to the cantilevered decks of buildings H and K which are cantilevered over the installation of the water lines provided that any damage to the decks was caused inadvertently by the City or its contractors or agents using ordinary reasonable prudent care in attempt to service or work on such lines in the future. We would request that any contractors conducting work on these lines in the area of the decks of buildings H and K be requested by the City to use particular care in the operation of their equipment to attempt to minimize any contact with the decks. Very t ly ours, a Br wn or ry :n Cn r. __4 to 1 1 ._4 RESOLUTION '{ OF THE BOARD OF COUNTY COMMISSIONW S ; 0 OF PITY.IN COUNTY, COLORADO, a o'zz Cn AMENDING THE DETAILED SUBMISSION Af'IXR;)VA ;111 y TO THE CENTENNIAL PMH PROJECT c�i_i ryl Resolution No. 85- 25 WHEREAS, the Board of County Commissioners adopted Resolution No. 84 -5 granting detailed submission approval to the Centennial PMH Project; and WHEREAS, the residential dwelling units within the Centennial PMH Project are being constructed in phases and only a portion of such units, specifically Buildings A through D and 0, P and Q, will be ready and available for occupancy during the winter of 1984 -85 and not.all of which will be occupied immediately; and WHEREAS, Park Circle road has presently been constructed and graveled from Spruce Street to the intersection with Brown Lane; and WHEREAS, the traffic generated from the portion of the project that will be occupied during the winter of 1984 -85 can be adequately served by the portion of Park Circle presently installed and without immediate need for the completion of the Park Circle road from the intersection with Brown Lane to the southeast side of the Centennial property and will not create an unreasonable burden on the other road systems in the immediate area; and WHEREAS, it is not possib]a, due to winter weather conditions, to complete the cons= ruction of the Park Circle road until the summer of 1985 and it would create an undue hardship upon the prospective purchasers of the units and the financing of the project to delay the occupancy and closing of the sales of such units until the final completion of Park Circle road; and WHEREAS, adequate security will be provided to assure the completion of the construction of the Park Circle road as described in the amendment to improvement agreement dated 11 March, 1985 (Resolution 85 -24) WHEREAS, Resolution 84 -5 approved drawings showing Buildings N and 0 17 feet apart with a property line between Lots 3 and 2" passing between such buildings yet also provided in condition No. 1 of such resolution that all buildings will conform to the setback requirements of the PMH zone which has a ten -foot side yard setback. 0 0UU3? r '.iUU�t 4J%J PAL,i3'.c NOW, THEREFORE, be it resolved by the Board of County Commissioners of Pitkin County, Colorado, that it does hereby amend the detailed submission approval to the Centennial. PMII Project granted by Resolution No. 84 -5 in the following manner. Condition No. 1 of such resolution shall be deleted and replaced with the following. 1. All buildings will conform to the setback requirements for the PMH zone except for buildings N and O, which are granted a variance for an eight- and one - half -foot side yard setback to the lot line between Lots 2 and 3 and all buildings will conform to the established height limits, except for Building F, which may exceed that limit by one foot, four inches, and Buildings R and S, which may exceed the height limits by seven feet. Building Ii will be moved back and away from the Williams Addition to the extent possible in order to increase the separation between these developments and to protect view planes of existing homes. Condition No. 3 of such Resolution shall be deleted and replaced with the following. That portion of Park Circle road from Spruce Street east to its intersection with Brown Lane and Brown Lane shall be constructed and graveled prior to the occu- pancy of any units in Buildings A through E or O through Q and security for the paving and completion of such roads, including Park Circle to the southeast side of the Centen- nial property, to adopted Pitkin County road standards shall be provided prior to any final plat approvals. Prior to the occupancy of any of the other buildings of the Centennial Project, a retaining wall approximately 200 feet long will be constructed behind Smuggler Run Trailer Park consistent with the attached illustration (Exhibit C) entitled "Retain- ing Wall at Trailer Park" simultail:ously with the completion of the construction of Park Circle road from the inter- section of Brown Lane southeast to the southeast side of the Centennial property. All other conditions of Resolution 84 -5 remain in effect. - 2 - O0U01U K 483 PAGE603 Approved by the Board of County Commissioners of Pitkin County, Colorado, at their regular meeting on 11 March , , 1985. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By v' / & Chairman Lou Scanlan Deputy'Clerk and Recorder - 3 - OU0011 sioners approved the Improvements Agreement for the Centennial Project. 2. Paragraph 3h of the Improvements Agreement author- ized the issuance of Certificates of Occupancy prior to completion of the public improvements, provided that adequate financial security is provided to assure completion of the public improve- ments. 3. Arrangements have been made satisfactory to the County for the posting of financial security adequate.to assure completion of the public improvements associated with the Pro- ject. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, that it does hereby approve and authorize the Chairman to execute the attached Amend- ment to the Improvements Agreement, subject to the condition that the documents referred to therein are executed in substantially their same form prior to the issuance of any Certificates of Occupancy for the Project. APPROVED by the Board of County Commissioners at their 1 0 UU012 483 P,UUr( RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING AN AMENDMENT TO THE IMPROVEMENTS AGREEMENT FOR THE CENTENNIAL PROJECT ,moo N 24 C-A.30 N in X= M Resolution No. 85 - C.) "+-1 V p 7<):- tv 0o = °D m a O REU TALS � m .Jl 1. By Resolution No. 84 -11, the Board '. of ourmy M Commis- sioners approved the Improvements Agreement for the Centennial Project. 2. Paragraph 3h of the Improvements Agreement author- ized the issuance of Certificates of Occupancy prior to completion of the public improvements, provided that adequate financial security is provided to assure completion of the public improve- ments. 3. Arrangements have been made satisfactory to the County for the posting of financial security adequate.to assure completion of the public improvements associated with the Pro- ject. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, that it does hereby approve and authorize the Chairman to execute the attached Amend- ment to the Improvements Agreement, subject to the condition that the documents referred to therein are executed in substantially their same form prior to the issuance of any Certificates of Occupancy for the Project. APPROVED by the Board of County Commissioners at their 1 0 UU012 1 I I - �, BOOK 483 PAGEf) "i) c meeting on March 11 , 1985. BOARD OF COUNTY COMMISSIO14ERS ATTEST: OF PITKIN COUNTY, COLORADO By: Lew Scanlan Tom Blake, Chairman Deputy Clerk & Recorder APPROVED AS TO FORM: TbXnas Fenton Smith County Attorney 2 ouuu -IL 3 0 BOOK 483 {'ASE t1v AMENDMENT TO IMPROVEMENTS AGREEMENT The Improvements Agreement made and entered into on the 12th day of March, 1984, by and between the Board of County Commissioners of Pitk.in ..County ( "the Board") and World Class Housing, Inc., a Delaware Corporation qualified to do business in Colorado ( "World Class Housing "), approved by the Board pursuant to Resolution No. 84 -11, is hereby amended as follows: Paragraph 3h of the Agreement is amended to read as follows: Such public improvements as are described in this Paragraph 3 shall be constructed at the cost and expense of World Class Housing; when such public improvements shall be constructed by its contractors and subcontractors, World Class Housing shall require performance bonds sufficient to insure the timely and satisfactory completion of the public improvements required by this paragraph of the Improvements Agreement. To the extent that any Certificates of Occupancy are sought for the project prior to the completion of the public improvemei,.ts required by this para- graph of the Improvements Agreement and secured by said perfor- mance bonds, World Class Housing shall be permitted to obtain such Certificates of Occupancy, provided that the following documents providing adequate financial security to assure comple- tion of the public improvements are executed in substantially the same form as attached hereto prior_ to the issuance of said Certi- ficates of Occupancy: 1 0UU014 BOOK 483 I'alii6oi 1. Security letter from Citicorp Real Estate, Inc., dated March 8, 1985, in the amount of $388,144. 2. Security letter from Citicorp Real Estate, Inc., dated March 8, 1985, in the amount of $592,470. 3. Roche Constructors, Inc. /Aetna Casualty and Surety Company Performance Bond and Labor and Material Payment Bond, Bond No. 19SB100040349BCA, and rider attached thereto dated Decem- ber 20, 1984. 4. Contract to construct public improvements upon Centennial Condominium and Centennial Apartments, dated February 11, 1985. In the final plat, World Class Housing shall provide all easements necessary across the site for public 'utilities installed pursuant to this Improvements Agreement. ATTEST: ATT S Lew,-Scanlan Deputy Clerk & Recorder 2 0Ju't1i5 WORLD CLASS HOUSING, INC. By: ly / CD Title • BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By. Tom Blake, Chairman APPROVED AS TO FORM: f6masom4as Fenton Smith County Attorney 3 4' BOOK 483 PARR 4''0 0 0Uu16 506 East Main Street Aspen, Colorado 81611 Re: Centennial Condominium Project Honorable Ladies and Gentlemen: As you know, Citicorp Real Estate, Inc. ( "Citicorp Real Estate ") is the construction lender for the condo- minium project being constructed by Centennial - Aspen, a Limited Partnership ( "Centennial- Aspen ") on lands located within Pitkin County, Colorado (the "Centennial Condomin- ium"). We understand that Centennial -Aspen has been ad- vised by your County Attorney that it will be required, prior to the issuance of permanent certificates of occu- pancy for units now being constructed in the Centennial Condominium, to provide financial security for the com- pletion of certain public improvements relating to the condominium project. It is in response to that advice from your County Attorney that this letter is written. The following represents our understanding of the public improvements, the completion of which you wish to have us assure, as referenced in the County Attorney's letter of January 4, 1985, and adjusted to take account of the fact that you will be receiving separate assur- ances with regard to the public improvements relating to the rental portion of the project: (a) Roads, Curb and Gutter $130,776 (b) Sidewalks and Stairs 62,818 (c) Utilities Sewer Adjustments 500 Water Adjustments 500 Storm Drainage 0 0Ui.L7 �oaK 483 PAGE 6 JO March 8, 1985 w o N CA 4(85) C11M CO m n CD Board of County Commissioners m Pitkin County Pitkin County Courthouse ILn �• 506 East Main Street Aspen, Colorado 81611 Re: Centennial Condominium Project Honorable Ladies and Gentlemen: As you know, Citicorp Real Estate, Inc. ( "Citicorp Real Estate ") is the construction lender for the condo- minium project being constructed by Centennial - Aspen, a Limited Partnership ( "Centennial- Aspen ") on lands located within Pitkin County, Colorado (the "Centennial Condomin- ium"). We understand that Centennial -Aspen has been ad- vised by your County Attorney that it will be required, prior to the issuance of permanent certificates of occu- pancy for units now being constructed in the Centennial Condominium, to provide financial security for the com- pletion of certain public improvements relating to the condominium project. It is in response to that advice from your County Attorney that this letter is written. The following represents our understanding of the public improvements, the completion of which you wish to have us assure, as referenced in the County Attorney's letter of January 4, 1985, and adjusted to take account of the fact that you will be receiving separate assur- ances with regard to the public improvements relating to the rental portion of the project: (a) Roads, Curb and Gutter $130,776 (b) Sidewalks and Stairs 62,818 (c) Utilities Sewer Adjustments 500 Water Adjustments 500 Storm Drainage 0 0Ui.L7 q r �� ,�` Board of County Commissioners BOOK PAGED 7 " 483 March 8, 1985 Page 2 (d) Landscaping 100,465 (e) Trails 10,727 (f) Site Lighting 18,958 (g) Subgrade Preparation Cost included in Roads, --- Curbs and Gutter Subtotal $324,744 (h) Retaining Wall 55,000 (i) Contribution to 8,400 Molly Gibson Park Grand Total $388,144 It is the position of Centennial -Aspen and Citi- corp Real Estate, as lender and secured assignee of the Disposition and Development Agreement, that the County can reasonably expect assurances that the improvements itemized above, to the extent necessary for or associated with the Centennial Condominium, will be completed. Ac- cordingly, with respect to each of the items mentioned above, totaling $388,144, Citicorp Real Estate, is will- ing to give the Pitkin County Board of County Commis- sioners this assurance that the existing construction loan to Centennial -Aspen contains adequate funds to sat- isfy the expenditure of up to $383,144, on an item -by- item basis, for the public improvements herein discussed. Centennial -Aspen shall complete such improvements by December 1, 1985, or such later date as maybe deter- mined by the grant of one day's extension for every day's delay occasioned by the need for any approval from Pitkin County during the time such approval is being processed, except that such completion date shall not apply to land- scaping, the completion of which is dictated by weather conditions and shall be completed as soon as practicable. In the event of default by Centennial -Aspen in meeting the completion date for such improvements, Citi- corp Real Estate shall apply such funds to the items, and in the amounts,'discussed above. Should Citicorp Real Estate fail to apply such funds to the items, and in the amounts, discussed above not later than the later of (i) O�Lil�.8 S } Z L y� t 800K 483 P; GEb l3 Board of County Commissioners March 8, 1985 Page 3 six (6) months following default by Centennial - Aspen,, or (ii) November 30 of the year following the default by Centennial- Aspen, then the Pitkin County Board of County Commissioners shall have the right to complete or cause to be completed the items discussed herein and shall then be reimbursed by Citicorp Real Estate, within sixty (60) days of presentation of invoices, for all or part of the cost of completion of the items specified in the lettered subparagraphs hereof, for amounts expended on such items, up to the amounts in the lettered subparagraphs hereof; provided, of course, that the amounts available will be reduced dollar for dollar as they are drawn by Centennial - Aspen under the construction loan for the Centennial Con- dominium or are otherwise provided by Citicorp Real Estate, in its sole discretion, in order to be applied to the im- provements discussed herein. Either Centennial - Aspen or Citicorp Real Estate shall provide the County Manager with notice that a draw will occur at least five (5) days prior to the occurrence of each such draw. The assurances given in this letter are, of course, conditioned on your agreement, as evidenced by your exe- cution of this letter, (i) to grant final plat approval for the condominium project, at such time as the require- ments for final plat approval contained in the Pitkin County Code have been met; (ii) to issue permanent cer- tificates of occupancy for all of the units in the Cen- tennial Condominium, at such times, and from time to time, as the condominium units are ready for occupancy, assuming of course that all other requirements of the Uniform Building Code as adopted by Pitkin County are satisfied and final approval has been granted; (iii) to fulfill all obligations contained in written agreements and contracts between Centennial -Aspen (or any of its predecessors -in- interest) and Pitkin County (or any authorized action of any board, agency, or department thereof); (iv) to provide all other County approvals upon substantial compliance with the applicable law, which if not provided, would otherwise prevent or impede the con- veyance of any unit in the Centennial Condominium; and (v) not to impose any condition or obligation upon Centen- nial -Aspen contrary to any agreement or contract described in clause (iii) above or not specifically provided for by the Pitkin County Code or other applicable law. Unless earlier terminated by your failure to ful- fill the conditions described in the immediately preced- ing paragraph, the obligations of Citicorp Real Estate OODU 9 t i; 1 I y 3 ,'11 E�179 BooK 483 PAG Board of County Commissioners March 8, 1985 Page 4 contained in this letter shall terminate at such time as the sum of $388,144 held by Citicorp Real Estate for the expenditures described herein has indeed been drawn by either Centennial- Aspen, applied by Citicorp Real Estate, or disbursed to Pitkin County for the purposes described herein. Citicorp Real Estate and Centennial -Aspen view this letter as binding on all the parties hereto, but only when all of the parties listed below have executed this letter or a counterpart hereof. Sincerely yours, CITICORP REAL ESTATE, INC. By: T i t e: CENTENNIAL- ASPEN, A LIMITED PARTNERSHIP Attest: By World Cl s Housing, Inc., GenerajParjt,;i � By Assistant Secretary Title: President Accepted and Agreed to: PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS By: Attest: Approved as to Form: l 0 uUU20 w r March 8, 1985 CA 3(85) Board of County Commissioners Pitkin County Pitkin County Courthouse 506 East Main Street Aspen, Colorado 81611 Re: Centennial -Aspen Project Honorable Ladies and Gentlemen: NOOK 483 ms 6' 11' Citicorp Real Estate, Inc. ( "Citicorp Real Estate ") is in receipt of certain pledged funds drawn upon the construction fund created by a certain Indenture of-Trust dated October 1, 1984, by and between Colorado National Bank of Denver, as trustee ( "Trustee ") for the holders of the Pitkin County Multifamily Housing Revenue Bonds (Centennial -Aspen Project) Series 1984, and Pitkin County, which construction funds are being used by Centennial - Aspen II Limited Partnership ( "Centennial -Aspen II "), for the construction of the multifamily housing project to be known as the Centennial Apartments, to be built on lands located within Pitkin County, Colorado (the "Centennial - Aspen Project "). We understand that Centennial -Aspen II has been advised by your County Attorney that it will be required, in connection with the .. onstruction of the Cen- tennial -Aspen Project, to provide financial security for the completion of certain public improvements relating to the project. It is in response to that advice from your County Attorney that this letter is written. The following represents our understanding of the public improvements, the completion of which you wish to have us assure: (a) Roads, Curb and Gutter (b) Sidewalks and Stairs $229,829 101,221 i *fl w N z p fn o m -4 W w C3 Cl) z a. o x _ = m C7 z �+ 07 m � z Citicorp Real Estate, Inc. ( "Citicorp Real Estate ") is in receipt of certain pledged funds drawn upon the construction fund created by a certain Indenture of-Trust dated October 1, 1984, by and between Colorado National Bank of Denver, as trustee ( "Trustee ") for the holders of the Pitkin County Multifamily Housing Revenue Bonds (Centennial -Aspen Project) Series 1984, and Pitkin County, which construction funds are being used by Centennial - Aspen II Limited Partnership ( "Centennial -Aspen II "), for the construction of the multifamily housing project to be known as the Centennial Apartments, to be built on lands located within Pitkin County, Colorado (the "Centennial - Aspen Project "). We understand that Centennial -Aspen II has been advised by your County Attorney that it will be required, in connection with the .. onstruction of the Cen- tennial -Aspen Project, to provide financial security for the completion of certain public improvements relating to the project. It is in response to that advice from your County Attorney that this letter is written. The following represents our understanding of the public improvements, the completion of which you wish to have us assure: (a) Roads, Curb and Gutter (b) Sidewalks and Stairs $229,829 101,221 i It is the position of Centennial -Aspen II and Citicorp Real Estate, that the County can reasonably expect assurances that the improvements itemized above, to the extent necessary for or associated with the Centennial -Aspen Project, will be completed. According- ly, with respect to each of the items mentioned above, totaling $592,470, Citicorp Real Estate gives the Pitkin County Board of County Commissioners this assurance that it is in receipt of adequate funds to satisfy the expend- iture of up to $592,470 on an item -by -item basis, for the public improvements herein discussed. Centennial -Aspen II shall complete such improve- ments by December 1, 1985, or such later date as may be determined by the grant of one day's extension for every day's delay occasioned by the need for any approval from Pitkin County during the time such approval is being pro- cessed; except that such completion date shall not apply to landscaping, the completion of which is dictated by weather conditions and shall be completed as soon as practicable. In the event of default by Centennial -Aspen in meeting the completion date for such improvements, Citi- corp Real Estate shall apply such funds to the items, and in the amounts, discussed above; and, should Citicorp Real Estate fail to apply such funds to the items, and in the amounts, discussed above not later than the later of (i) six (6) months following default by Centennial -Aspen II, or (ii) November 30 of the year following the default 000022 L 4 83 PAG j 2, BOOK Board of County Commissioners March 8, 1985 Page 2 (c) Utilities Sewer Adjustments 900 Water Adjustments 900 Storm Drainage 29,286 (d) Landscaping 182,535 (e) Trails 17,257 (f) Site Lighting 30,542 (g) Subgrade Preparation Cost included in Roads, - -- Curbs and Gutter Total $592,470 It is the position of Centennial -Aspen II and Citicorp Real Estate, that the County can reasonably expect assurances that the improvements itemized above, to the extent necessary for or associated with the Centennial -Aspen Project, will be completed. According- ly, with respect to each of the items mentioned above, totaling $592,470, Citicorp Real Estate gives the Pitkin County Board of County Commissioners this assurance that it is in receipt of adequate funds to satisfy the expend- iture of up to $592,470 on an item -by -item basis, for the public improvements herein discussed. Centennial -Aspen II shall complete such improve- ments by December 1, 1985, or such later date as may be determined by the grant of one day's extension for every day's delay occasioned by the need for any approval from Pitkin County during the time such approval is being pro- cessed; except that such completion date shall not apply to landscaping, the completion of which is dictated by weather conditions and shall be completed as soon as practicable. In the event of default by Centennial -Aspen in meeting the completion date for such improvements, Citi- corp Real Estate shall apply such funds to the items, and in the amounts, discussed above; and, should Citicorp Real Estate fail to apply such funds to the items, and in the amounts, discussed above not later than the later of (i) six (6) months following default by Centennial -Aspen II, or (ii) November 30 of the year following the default 000022 L FAUE6 I v BOOK 483 { Board of County Commissioners March 8, 1985 Page 3 by Centennial -Aspen II, then the Pitkin County Board of County Commissioners shall have the right to complete or cause to be completed the items discussed herein and shall then be reimbursed by Citicorp Real Estate, within sixty (60) days of presentation of invoices, for all or part of the cost of completion of the items specified in the lettered subparagraphs hereof, for amounts expended on such items, up to the amounts in the lettered subpar- agraphs hereof; provided, of course, that the amounts available will be reduced dollar for dollar as they are drawn by Centennial -Aspen II from the pledged account created by Citicorp Real Estate for the Centennial -Aspen Project or are otherwise provided by Citicorp Real Estate, in its sole discretion, in order to be applied to the improvements discussed herein. Either Centennial - Aspen II or Citicorp Real Estate shall provide the County Manager with notice that a draw will occur at least five (5) days prior to the occurrence of each such draw. The assurances given in this letter are, of course, conditioned on your agreement, as evidenced by your exe- cution of this letter, (i) to issue temporary certifi- cates of occupancy prior to final plat approval for all of the units in the Centennial -Aspen Project, at such times, and from time to time, as the apartment units are ready for occupancy, assuming of course that all other requirements of the Uniform Building Code as adopted by Pitkin County are satisfied; (ii) to grant final plat approval for the Centennial -Aspen Project, at such time as the requirements for final plat approval contained in the Pitkin County Code have been met; (iii) to issue permanent certificates of occupancy subsequent to final plat approval for all of the units in the Centennial -Aspen Porject, at such times, and from time to time, as the apartment units are ready for occupancy, assuming of course, that all other requirements, of the Uniform Building Code as adopted by Pitkin County are satisfied; (iv) to fulfill all obligations contained in written agreements and contracts between Centennial -Aspen II (or any of its predecessors -in- interest) and Pitkin County (or any authorized action of any board, agency, or department thereof); (v) to provide all other County approvals upon compliance with the applicable law, which .if not provided, would otherwise prevent or impede the rental of any apartment unit in the Centennial -Aspen Project; and (vi) not to impose any condition or obliga- tion upon Centennial -Aspen II contrary to any agreement 00t1u '2 3 i BOOK PnG� Board of County Commissioners March 8, 1985 Page 4 or contract described in clause (iv) above or not specif- ically provided for by the Pitkin County Code or other applicable law. Unless earlier terminated by your failure to ful- fill the conditions described in the immediately preced- ing paragraph, the obligations of Citicorp Real Estate contained in this letter shall terminate at such time as the sum of $592,470 held by Citicorp Real Estate for the expenditures described herein has indeed been either drawn by Centennial -Aspen II, applied by Citicorp Real Estate, or disbursed to Pitkin County for the purposes described herein. Citicorp Real Estate and Centennial -Aspen II view this letter as binding on all the parties hereto, but only when all of the parties listed below have executed this letter or a counterpart hereof. Attest: IlLt( 1.41 � Assistant Secretary 000004 Sincerely yours, CITICORP REAL ESTATE, INC. By: cam'` / X49 Title: � /��( CENTENNIAL -ASPEN II LIMITED PARTNERSHIP By Centennial - Aspen, A Limited Partnership, General Partner By World C1 Housing, Inc., General rt By: Sam W. Brown, Title: President 0 BOOK 483 PAA r Board of County Commissioners March 8, 1985 Page 5 Accepted and Agreed to: PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS By: l Attest: Approved as to Form: T,4L,Kk 00 0U25 RIDER 33 6 0 CA 5 (85 ) BOOR ��J P,,'a(i�r. .� TO BE ATTACHED TO AND FORM—PART OF PERFORMANCE BOND AND LABOR AND. MATERIAL PAYMENT BOND NO. 19SB100040349BCA ISSUED BY THE AETNA CASUALTY AND SURETY COMPANY IN BEHALF OF ROCHE CONSTRUCTORS, INC. IN FAVOR OF CENTENNIAL- ASPEN, IN THE AMOUNT OF $11,100,000.00 DATED AUGUST 10, 1984, FOR THE CONSTRUCTION OF CENTENNIAL /ASPEN, ASPEN, COLORADO. IT IS HEREBY UNDERSTOOD AND AGREED THAT effective December 20, 1984, the name of the Obligee in the annexed bond is amended to read as follows: CENTENNIAL - ASPEN, a Limited Partnership and PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS (as pertains to completion of Public Improvements for stated project) It is understood and agreed that: The Surety shall not be liable under this bond to the Obligees, or either of them, unless the said Obligees or either of them, shall make payments to the Principal or to the Surety, in case it arranges for the completion of the contract upon default of the Principal, strictly in accordance with the terms of said contract as to payments, and shall perform all the other obligations to be performed under said contract at the time and in the manner therein set forth. In no event shall the Surety be liable in the aggregate to both Obligees for more than the penalty of its Bond, nor shall it be liable except for a single payment for each single breach or default. At the Surety's election, any payment due to either Obligee may be made by its check issued jointly to both. Signed, sealed, and dated this 20th day of December, 1984. ,,,,., l 1 r - .......... ` . O n co N W W ao wcl: :r_ C> z v -¢ w n a i->- W U ac x O ;i f- n. MAP Q CT) N O N CV') oe PRINCIPAL: ROCHE CONST CTORS, INC. By a�� Title SURETY: OBLIGEE: OBLIGEE: THE AETNA CASUALTY ANA SURETY COMPANY By 2 Title Attorney -in -Fact CENTENNIA SPEN By T it l e 1 PITKIN COUNTY BOARD OF COUNTY COMMIS IONERS _5a By /,�» ✓ Title Chairman, Board of County Commissioners �� �� }, THE !ETNA CASUA AND SURETY COMPANY i-71110 %. - Hartford, nnechcut (NiilI.) [�jj�,J%((�'O�) MEW .. UFLdtASUALfY BOOK 483 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(SHN -FACT KNOW ALL MEN RY THESE PRESENTS, THAT THE A T NA CASUALTY AND SURETY COMPANY, a corporation duly organred undor the laves of the State of Connecticut, and having its principal ofha+ in the City of Hartford. County of Hartford, State of Cunneclicul, hath made, constituted and appointed, and does by these presents make, conatifute and appoint William C. (lens le r, Chris S. Richmond, Karen Stone, Scott Thomas, Margaret A. Meis or Darlene Krings - - of Greeley -Ft. Collins, Colorado its true and lawful Attorney(s)in- Fag, with full power andauthonityhefeby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled on, within the area there designated , the foQowing instrument(s): by his/her sole signature and act, any and all bonds, recognizance&, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any and an consents incident thereto in connection with bids or proposals and construction contracts - and to bind THE /ETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the some extent as if the same were signed by the duly authorized officers of THE *ETNA CASUALTY AND SURETY COMPANY, and all the acts of said Attorney(&) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of sold Company which Resolutions are now in full force land affect: VOTED: Thal each of the following officers: Chairman, Vloe Chairman, President, Any Executive V ice President. Any Senior Vice President, Any Vice President Any Assistant Vice President, Any Secretary. Arry Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Anom rys-in -Fact, and Agents to as for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him. VOTED: That any bond. recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the Chairman, the Vice Chairman, the President, an Executive Vice President, a Senior Vice President, a Vice Presu'ent an Assistant Vice President or by a Resident Vice President. pursuant to the power prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the Co(npany's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or (b) duly executed tunder seal, of required) try one or more Attomeys- in-Fact pursuant to the power prescribed in his or their certificate or certificates of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of THE *ETNA CASUALTY AND SURETY COMPANY which Resolution is now in hull force and effect: VOTED: That the signature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vicr• President, Any Senior Vice President, Any Vice President, Any Assistant Vice President Any Secretary, Any Assistant Secretary, and the seal of the Company maybe affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Anomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shell be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is enached. IN WITNESS WHEREOF, THE *ETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Assistant Vice President land its corporate seal to bn hereto affixed this 24th day of April • 19 84 t THE CASU TY AND SURETY COMPANY State of Connecticut 1 J, T. Du S as. Hartford Assistant ice Pres ant County of Hartford ) On Mis 24th day of April 1984 , before me personally tame J. T. DUFFY to me known, who, being try me duly i wom, did depose and any: that he /she is Assistant Vice President of THE *TNA CASUALTY AND SURETY COMPANY, the corporation described In and which executed the above instrument; that he /she knows the seal of said corporation; that the seal affixed to the surd irhxtrurnent is such corporate seal: and that he /she executed the said instrument on behalf of the corporation by authority of his/her office under the St�ndiing Resolutions thereof. 1axh , �•.�.� r My conl expires March 31, 19 86 Notary Public m George A. Perry, Jr. CERTIFICATE 1, the undersigned, Secretary of THE *ETNA CASUALTY AND SURETY COMPANY, a stock corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force. L Signed and Sealed at the Homa of the Comperry, in the City of Hartford. State of nnecdcut Dated this 20t' 1 day of December ,19 .., John W. Welch, Secretary .tSlatt El (M) 3-" MINTED IN U.S A. 'C1000ZT I BOOK 483 PAGE�i THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Bond No. 19SB100040349BCA Performance Bond The Performance Bond and Labor and Material Payment Bond are subject to the Obligation of Lender Rider attached hereto. KNOW ALL MEN BY THESE PRESENTS: that Roche Constructors, ere rand dress or legal title or contractor, P. 0. Box 1727, Greeley, Colorado 80632 The Aetna Casualty and Surety Company as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety) 151 Farmington Avenue, Hartford, Connecticut 06156 as Surety, hereinafter called Surety, are held and firmly bound unto CENTENNIAL - ASPEN, (Here insert full name and address or legal title of owner) a Limited Partnership doing business at Suite 4010, 1700 Lincoln Street, Denver, Colorado 80203 as Obligee, hereinafter called Owner, in the amount of Eleven Million One Hundred Tho,jsand Dollars and no/ 100---------- --- -- -- --------------- - - - - -- Dollars (S 11,100, 000.130 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, 9 Contractor has by written agreement dated August 10, 19 84 , entered into a contract with Owner for (Here insert full name, address and description of project) construction of Centennial /Aspen, a planned residential housing complex at the base of Smuggler Mountain in Aspen, Colorado, Moshe Safdie and Associates, Inc. in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) 2 Faneuil Hall Marketplace, Boston, Massachusetts 02109 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 - PERf OR"ANCE BOND AND LABOR AND MATTRIAL PAYMENT BOND - AIA 1[BRUARY 19 -0 ED. - THE AMfRl( AN trnSTITUTE Of ARCHITECTS, 17 SS N.Y. AVE., N.W., WASHINGTON, D. C. 20006 s . PERFORMANCE BOND 483 PAA6- 3 NOW, THEREFORE, THE CONDITION Of THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient fund% to pay the Whenever Contractor shall be, and declared by Owner cost of completion less the balance of the contract price; but not exceeding, including other costs and damages to be in default under the Contract, the Owner having for which the Surety may be Fable hereunder, the amount performed Owner's obligations thereunder, the Surety set forth in the first paragraph hereof. The term "balance may promptly remedy the default, or shall promptly of the contract price," as used in this paragraph, shall 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor and conditions, or under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- Any suit under this bond must be instituted before termination by Surety of the lowest responsible bidder, the expiration of two (2) years from the date on which or, if the Owner elects, upon determination by the final payment under the Contract falls due. Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis. though there should be a default or a succession of trators or successors of the Owner. Signed and sealed this 10th day of August 19 84 . ROCHE CONSTRUCTORS, INC. Pnnc'iF.il! isr�l; ( Witness) By >i3. i ? ,) c- A #Title) President THE AETNA CASUALTY AND SURETY COMPANY (Witness) ITit►e) Attorney -in- Fact* AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIA '•i ..... FEBRUARY 1970 ED. - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 2 0 Uu029 B00►t 483 PAA, THE AMERICAN INSTITUTE OF ARCHITECTS ',jhl n, 3 AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE Of THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Roche Constructors, Inc. (Here insert full name and address or legal title of Contractor) P. 0. Box 1727, Greeley, Colorado 80632 as Principal, hereinafter called Principal, and, The Aetna Casualty and Surety Company (Here insert full name and address or legal title of Surety) 151 Farmington Avenue, Hartford, Connecticut 06156 as Surety, hereinafter called Surety, are held and firmly bound unto CENTENNIAL - ASPEN, (Here insert full name and address or legal title of Owner) a Limited Partnership doing business at Suite 4010, 1700 Lincoln Street, Denver, Colorado 80203 -as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined in the Eleven Million One Hundred Thousand amount of Dollars and no/ 100----------- ----- --- --- (Here insert a sum equal to at least one -ha!f of the contract price) Dollars ($-11,100,000.00 �. for the payment Whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated August 10, 19 84 , entered into a contract with Owner for (Here insert full name, address and description of project) construction of Centennial /Aspen, a planned resid of Smuggler Mountain in Aspen, Colorado, in accordance with Drawings and Specifications prepared by 2 Faneuil Hall Marketplace, Boston, Massachusetts Rntial housing complex at the base Moshe Safdie and Associates, Inc. (Here insert full name and address or legal title of Architect) 02109 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 - PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • A!A @ FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE.. N.W., WASHINGTON, D. C. 20006 00U'630 .. ,,,� iiL111ii ��� f•6��JJv LABOR I1ND MATERIAL PAYMENT BOND N(1 \1•, 1HIMMI(t. 111( CONDMON 111 MIS OBIIGAIION is such that, if Principal shall promptly make payment to all claimantt. as hereinafter defined, for all labor and material used or r•a%onably required for use in the performance of the Contract, then this obligation shall be void-, otherwise it shall remain In full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined ac one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being con%trued to Include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this I Oth . day of accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified .mail, postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. August 1984, _ ROCHE CONSTRUCTORS, INC. (Principal) lSea11 ��� CQ ✓y � � r/�� c /�s • (Witness) / 1By (7i11i) President THE AETNA CASUALTY AND SURETY CO,R PANNE,,, . (surely) 7ISca�i� 7 BY (Tillie) AttornO -in -Fact AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL, PAYMENT BOND • AIA ® FEBRUARY 1970 [1). • THE AMERICAN INSTITUTE OF ARCHITECTS, 17.15 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 0000 -31 OBLIGATION OF LENDER wu 483 pviuM THE AETNA CASUALTY AND SURETY COMPANY, Surety, ROCHE CONSTRUCTORS, INC: Principal, CENTENNIAL- ASPEN, a Limited Partnership, Owner, for valuable consideration hereby agree that the Performance and Payment Bond.' heretofore given and accepted by them respectively in connection with a contract for construction of Centennial /Aspen, a planned residential housing complex at the base of Smuggler Mountain in Aspen, Colorado, which bond and contract are made a part hereof by reference, shall now include as an obligee with the owner: CITICORP REAL ESTATE, INC. 1801 Broadway, Suite 1300, Denver, Colorado 80202 in its capacity as a Lender of money to the Owner for exclusive use on the project aforesaid. This agreement is subject to the precedent condition that the Lender shall have no right of action against the Principal or the Surety except such as the Owner himself would have if suing and shall be subject to all offsets and defenses however arising which would be available against the Owner. In no event shall the Surety be liable in the aggregate to both Obligees for more than the penalty of its Labor and Material Payment Bond, nor shall it be liable except for a single payment for each single breach or default. At the Surety's election, any payment due to either Obligee may be made by its check issued jointly to both. Neither the execution nor language of this instrument nor any previous negotiations shall be construed as relieving the Owner from the due and timely performance of such obligations and duties as he may owe to the Principal or to the Surety under the contract or otherwise, whether or not the Lender furnishes money to the Owner in the amounts agreed upon or expected. WITNESS the following signatures and seals this 10th day of August 1984. THE AETN�LTY AND SURETY COMPANY Witness Attorney -in -Fact Attest: ROCHE CONSTRUCTORS, INC. By CENTENNIA SPEN, a Partnership By CITICORP REAL ESTATE, INC. By OU0032 1m THE A'TNA CASUALweIAND SURETY COMPANY Hartford, Conim- ctirut (X;111.) r UFEBCASUALTY bon 483 PAU166 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALL MEN BY THESE PRESENTS. THAT THE ,ETNA CASUALTY AND SURETY COMPANY, a torpor nt ion duly nrq anized undm the taws of the State of Connecticut, and having its principal office in the City of Hartford. County of Hartford, State of Connecticut, hath made, constituted and appointed, and does by these presents make, eonsUfute and appoint William C. Bensler, Chris S. Richmond, Karen Stone, Scott Thomas, Margaret A. Meis or Darlene Krings - - of Greeley -Ft. Collins, Colorado itatma and lawful Attorney(s). in- Fact, with full power and authority hetoby conlen rid to sign, execute and acknowledge, at any place within the United Slates, or, if the following line be filled in, within the area there designated , the followiog insirumemfs): by his/her sole signature and act, any and aR bonds. recognizance*, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any and at consents incident thereto in connection with bids or proposals and construction contracts - and to bind THE ,ETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same extent as it the same were signed by the duly airrhorized officers of THE ,ETNA CASUALTY AND SURETY COMPANY, and all the acts of said Attorney($)- in•Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Company which Rosolutions are now in full force and effect: VOTED: That each of the following officers: Chairman, Vice Chairman, President, Any Executive V ice President. Any Senior Vice President, Any Vice President, Any Assistant Vice President, Arry, Secretary. Any Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries. Attorneys -in -fact, and Agents to act for end on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity. and other writings obligatory in the nature of a bond. recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him. VOTED: That any bond, recognizance. contract of indemnity, orwriting obligatory in the nature of a bond, recognizance, orconditional undertaking shall be valid and binding upon the Company when (a) signed by the Chairman, the Vice Chairman, the President, an Executive Vice President, a Senior Vice President, a Vice President, an Assistant Vice President or by a Resident Vice President. pursu..nt to the power prescribed in inn certificate of authority of such Resident Vice President, and duty anested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistanl Secretary; or (b) duly executed sunder seal, of required) by one or more Attomeys-in•Fact pursuant to the power prescribed in his or their certificate or certificates of authority. '1 his Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of THE .ETNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Senior Vice President, Any Vice President. Any Assistant Vice President. Any Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only ol executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney oroertificate tearing such facaimilesignature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, THE kTNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Ass 13 taut Vice President and its corporate seal to be hereto affixed this 24th day of April .19 84 1, 1157;Z-1 'j THE CASU TY AND SURETY COMPANY State of Connecticut J. T. Du as, Hartford Assistant ice Pres ent County of Hartford On this 24 th day of April 19 84 before me personally came J. T. DUFFY to me known, who, being try me duly sworn, old depose and say: that he /she is Assistant Vice President of THE ,ETNA CASUALTY AND SURETY COMPANY, the corporation described in and which executed the above instrument; that he /she knows the seal of said corporation; that the seal affixed to the said insbunawn is such corporate seal; and that he /she executed the said instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof. r a h My cononlaiA expires Mardi 31, 19 86 Notary Public George A. Perry, Jr. CERTIFICATE 1, the undersigned, Secretory of THE .ETNA CASUALTY AND SURETY COMPANY, a stock corporation of the Sou of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and - has not been revoked; and furthenmwe, that the Starling Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force. A,lied and Sealed at the Horne of the Company. in the City of Hartford. State of necticut Dated this 1 Ot h day of ugust T9t54• John W. Welch, Secretary PRINTED IN I A. (S•192 t -E) IM) 179 Book 483 PAGED -88 ROCHE CONSTRUCTORS, INC. 2424 Sixth Avenue Post Office Box 1727 Greeley, Colorado 80632 CA 7(85) February 11, 1985 s -v Mr. Sam W. Brown, Jr. Centennial- Aspen, a Limited Partnership o p Suite 4010 z 1700 Lincoln Street = Denver, Colorado 80203 c� Pitkin County, Colorado Board of Pitkin County Commissioners ' c/o Thomas F. Smith, Esquire Pitkin County Attorney 506 East Main Street Aspen, Colorado 81611 Ms. Esther Starrels Assistant Vice President Citicorp Real Estate, Inc. Suite 1300 1801 Broadway Denver, Colorado 80202 Re: Contract to Construct Public Improvements Upon Centennial Condominium and Centennial Apartments Dear Ladies and Gentlemen: Roche Constructors, Inc. ( "Roche "), as the general contractor for the construction of a 240 -unit combined condominium and apartment housing project in Pitkin Coun- ty, Colorado (the "Centennial -Aspen Project "), pursuant to that Standard Form of Agreement Between Owner and Con- tractor (AIA document A1ll, 1978 ed.) executed by and be- tween Centennial- Aspen, a Limited Partnership and Roche 0OU034 , BooK 483 PAAS Cenntennial- Aspen, a Limited Partnership Board of Pitkin County Commissioners Citicorp Real Estate, Inc. February 11, 1985 Page 2 on August 10, 1984 (the "Construction Contract "), hereby agrees that (i) in the event of any default by either or both Centennial- Aspen, a Limited Partnership and Centennial - Aspen II Limited Partnership under their joint and several obligations to Citicorp Real Estate, Inc. or Pitkin County, then for the benefit of either or both Citicorp Real Estate, Inc. and Pitkin County, Roche shall complete all of the public improvements described below at the costs indicated below; and (ii) prior to any default described in clause (i) above, it shall complete for Centennial - Aspen, a Limited Partnership the public improvements described below at the costs indicated below. The public improvement costs described below are based upon work that will be performed subsequent to the date of this letter in order to complete each of the public improvement items described below. The public improvement items yet to be completed for the Centennial -Aspen Project and the amounts for the construction of those same items are as follows: Item Sales Rental Total Roads, Curb & Gutter 130,776 229,829 360,605 Sidewalks & Stairs 62,818 101,221 164,039 Utilities Sewer Adjustments 500 900 1,400 Water Adjustments 500 900 1,400 Storm Drainage 0 29,286 29,286 Landscaping 100,465 182,535 283,000 Trails 10,727 17,257 27,984 Site Lighting 18,958 30,542 49,500 Subgrade Preparation .(included in roads, curb & gutter) 0 0 0 TOTAIi Wal 324, 74 5 5 0 0 592,470 917, q7-Z,-Z) 7 , -7 4- letter may event that either be specifically enforced both Citicorp in the or Pitkin Count become the successor Real Estate, or Inc. and �'� assignee to any of the rights of Centennial - Aspen, a Limited Partnership or Centennial- Aspen'II Limited Partnership in the Centennial - Aspen Project, or any part thereof. OOOUO5 .1 a MM wax 483 PAGE6JO Cenntennial- Aspen, a Limited Partnership Board of Pitkin County Commissioners Citicorp Real Estate, Inc. February 11, 1985 Page 3 Should either or both Citicorp Real Estate, Inc. and Pitkin County succeed to the rights of either or both Centennial - Aspen, a Limited Partnership and Centennial - Aspen II Limited Partnership, performance standards and timeliness of completion for the work described above and the manner and time of payment for the same shall be gov- erned by the terms of the Construction Contract, as if such terms were incorporated herein. The obligations of Roche pursuant to this letter agreement shall be subject to the proviso that the party enforcing this agreement require Roche to construct no less than all the public improvement items described above. This letter agreement shall become a binding con- tract upon execution below by Centennial- Aspen, a Limited Partnership, Citicorp Real Estate, Inc., and Pitkin County. .®06036 Sincerely, ROCHE CONSTRUCTORS, INC. - Sl-1-ee President X L),oa 483 PAGE 6J.L Cenntennial- Aspen, a Limited Partnership Board of Pitkin County Commissioners Citicorp Real Estate, Inc. February 11, 1985 Page 4 ACCEPTED BY: CENTENNIAL - ASPEN, a Limited Partnership By: World Class Housing, Inc., the General,-,Partne r- By : _.�i� �� y Sam .W. Brown, Jr . , resident PITKIN COUNTY, COLORADO / (eel Chairman, Board of Pitkin County Commissioners mas F. mith, Es ire Pitkin County Attorney CITICORP REAL ESTATE, INC. Vice President ADDENDUM TO INDEMNIFICATION AGREEMENT CA 6(85) THIS ADDENDUM is made 12 March , 1985, . by and between Centennial- Aspen, a Limited Partnership (hereinafter "Developer ") and the Board of Pitkin County Commissioners (hereinafter "County ") . WHEREAS, the parties hereto entered into that certain Indemnification Agreement dated December 21, 1984, the purpose of which was to make provision for issuance of a temporary certificate of occupancy to allow interim rental of the Centennial Condominium units that are in conformance with the Uniform Building Code prior to final plat approval of such condominiums; and WHEREAS, the original indemnification agreement was limited to buildings P and Q in the Centennial condominium; and WHEREAS, other buildings have been completed subsequent to the date of the Indemnity Agreement, and some prospective purchasers thereof are experiencing housing problems and desire to occupy such units on an interim rental basis as they are completed in conformance with the Uniform Building Code; NOW, THEREFORE, in consideration of the mutual benefit: to the parties hereto from the terms hereof, it is agreed as follows. 1. In the event that the buildings and Individual units within Buildings A, B, C, D and 0 of the Centennial. Condominium comply with the standards of the Uniform Building Code as adopted by the County prior to final plat approval, such units are entitled to receive temporary certificates of occupancy to allow such units to be rented and occupied until final plat approval or six months, whichever first occurs; to those qualified purchasers intending to buy such condominium units from developer at the time final plat approval is obtained. 2. The other terms and conditions in the Indemnification Agreement of December 21, 1984, shall also apply to the occupancy of the condominium units in Buildings A, B, C, D and 0; and the indemnification set forth in such agreement shall be in full force and effect with respect to any occupancy of the above referenced units. dUU0 '_38 w 04 %.6 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date above written. ATTEST: 17 A4 Deputy County Clerk 0000F CENTENNIAL- ASPEN, A LIMITED PARTNERSHIP, by its general partner, by WORLD CLASS HOUSING By Presid nt BOARD OF COUNTY COM1MISSIONERS OF PITKIN COUNTY By _ /,OP, 36� Chairman -2- 4 ,* k,: a+ ,Ilk 7e- Pe;, Un 7 A Of, 4-A r all '44 ;m Amok A.4': i A 4w Al co 0000•4i1 0 4" 2 rF T I tl r- 0 4" 2 J C . MEMORANDUM TO: Tom Smith, County Attorney Bud Eylar, Public Works Director Jim Wilson, Building Department Director Tom Dunlop, Environmental Health Director FROM: Cynthia M. Houben, Planning Office RE: Requested Amendment to Centennial Detailed Submission. DATE: April 22, 1985 Enclosed is a letter from Jim Curtis regarding requested changes to the Centennial Detailed Submission. Accompanying maps may be reviewed in the Planning Office. The enclosed letter is not a formal application, however, I would appreciate your comments at this time to help determine the level of concern regarding the proposed changes. Please review these requests and return your comments to me no later than May 6, 1985, or sooner if possible. SOS. R44-0 os 000043 w L �= S4�/R" "'� "S1YitiRf.YG �6fZ' l:: �Ga:. �.. ii'. �Aw' FBL'+ i�1i�" C' �"• `�4°..3�:�LSi:.1.i:�i�v�.rilr': := S'i�^� ^YS+.'�L4Y:4i - "'O"K.:f6GT..w.i.6. `. _°'S -� '. CA4 -- _—= �Sti:�SaA'1L�T:5 ^.!P..uL 600 Easr Hopkins • Suire 104 0 Aspen, Colorado 81.611 925 -1876 April 16, 1985 Ms. Cindy Houben Aspen /Pitkin Planning Office 130 South Galena Aspen, CO 81611 Re: Centennial Amendments to Detailed Submission Dear Cindy, Outlined below are the changes to the Centennial Detailed Submis- sion based on our current construction plans. These changes have been previously discussed with County staff but never formally submitted to the Planning Office. 1. Relocation of Salvation Ditch. Salvation Ditch was incorrectly surveyed on our Detailed Submission plat. The ditch is actually 12' to 15' south of the surveyed location. A portion of Salvation Ditch has been relocated to the north to reduce the retaining wall structure behind Nicholas Lane shown in the Detailed Submission. The Salvation Ditch Company has given us permission to relocate the ditch. 2. Nicholas Lane One -Way and Reduction of the Retaining Wall. Nicholas Lane was shown at Detailed Submission as a two -way road/ parking with a large retaining wall on its north side. Relocating Salvation Ditch has allowed the elimination of the large retaining wall but has resulted in Nicholas Lane becoming a one -way road with a west to east traffic flow. Elimination of the retaining wall allows for more green area and removes the possible danger of children falling from the retaining wall. d', 3. County Trail and Park Circle Sidewalk. A county trail along the Salvation Ditch linking to the County's Silver Nugget Park was originally proposed. However, the County has no plans to build the trail through the park nor are there any plans to ex- i'tend the trail through the Hyman property. Therefore, the trail has been eliminated and the sidewalk along Park Circle has been enlarged from 4' to 6' to act as a neighborhood collector. It is felt the sidewalk will better connect the total neighborhood to tr.e Silver Nugget Park. . a�� -J..:waaa..'..�:...M<..nci... s'L'cs.w :Ma.'tc.::.:..«..s �.� ....ia'IOr.:. r..• .• �... .. 1 ! ®00044 Ms. Cindy Hoube n April 16, 1985 Page Two 4. Comoack Car Parking. Parking is provided at one car per bedroom; however, approximately 40% of the parking has been reduced for compact cars at a smaller bay size from 8 -1/2' x 18' per Code to 7 -1/2' x 18'. The reduced bay size allows the same number of cars to be parked in less space thus providing increased lawn area for the project. Actual car counts by Jim Curtis at Castle Ridge, Hunter Creek, Hunter - Longhouse and Lone Pine indicated between 55% and 65% compact cars in the parking lots. The 40% figure is therefore conservative and may wish to be incre sed. '1F CC GIVim- bk: �Cv,p� �i{J1- tf4.7T- L UC 3- g S b cxxt3 c31 r v,.rti. so OEtVZO ER 1'3&49,r-q 7 5. Elimination of Parking along Park Circle and In Front of Building H. By reducing the parking bay size the parking lot in front of Building H can be eliminated without reducing the parking count for the project. Elimination of this parking has the following benefits: pleases the Williams Addition neighbors; eliminates parking and curb cuts off Park Circle; and increases the lawn area for Building H. P-4- - 1, ' - - ' °' 6. Reduction of Curb and Gutter for Snow Plowing. Sections of curb and gutter have been eliminated from the north side (non-drainage or entry side) of the parking lots for snow- plowing and stacking. 7. Street Lighting. Two street lights have been eliminated along Park Circle to better conform to the County's lighting guidelines and to please the Smuggler Home neighbors. I will give a follow -up call to discuss these items with you and determine how to proceed with the appropriate County staff, P &Z and Board of County Commissioners. Sincerely, I V �� � Jim Curtis JC:cck cc: Sam Brown Drake Jacobs UUU045 Mika Yo M4 84254 aIUINIiom mmonoiMO�muomMAM,M.A9M' ° ""umun9 n'Y ta( 7 vlr� Mcm � ^r ✓ A ,;mI ., � W gg r � � ry Y i V d � I x I M m u u r' s r � f ( x ^, •a „C7p % d / u I 1 � m q m. 91 9 m y � A %,n V v ry I �j i<;1�t Ij1M1,�C C>)MU�H M 10)li, /11� ? IN h , X11 7 L) (� � U A \ 1� � hI ( , ) e/I C � I I NC i�1 I il� � � I Y''LAI OF I111 ClJ4IC1NNIAAI.. 0*4Fx)MINIUJA HAS EU,- N REVIEWED AANi[)Aq I t.(aV7..T:) FM'Y T'IIk;': I 'IT KIN �COLINI`r G"''»t'tAAf " °5..) Cal .v r x x -» r• ..rn )NY NiI „91 .hJp I`I "Ii " A: >A )1 ") , JI) 1�.� ) r �" } I e`nh I IN 5 k T i .,./ T I(' rd cN'` 1 Yi L s -; (( � 5 '( �..) 1 )f ,� ., t) A k_h TT I> .It,CA,iI. Y Y4.... {i,( <)NIAI YI<aPd, It6/AI YIYI,.IN <;:4)11NTY rr1IAT I. 6hd1 AIM IAl +1:. MAIN 7E:. Ph+ANO OF dl <II I' +.OAI),)G)Nl,y AAE Yk;„bx <C7N ".AY RIJC.YION OF SUCH 9 ,(,)Af)S IiAS TAI( E31 (xNAFILI PF.D IN A< u;..,0Te )I . Wilt M- 17 FKIN ( "(,91014 1'), :,5PET'IF )CAI IONS ANT'.:1 NIY. ti ()t'a PIT KIN ('QUN't.),. r <`47 MI > alt,.f II I a HAS 5 A t° "'tit& ".A1 "r IVY RE-50t, "1'I(h � IA 1 ") `7 w. .' '� OF IVY i Si A at llk,,. AI a All ..� d AA h t 1.,,. ! 1)AIN X I M � �tiha` 1I d Y 1 Y TAA l.'I,. e AA P N )t41w11 ,',.. ,.. "d +a IAI (( "fl.l hl Y`Y' p';14.),�h.N:) C)E (.. "(:)YYVMI ".IC.Ill,al di:.Pfi ", 1A( "N`:i NC)1 p'i:X "T "p Pdh) v(11 "':'u AAf F Y t�) .� 1 9t Y4�dk 1 ! Y 1 F" ANN rIt „1F ",�VECI ", FAICIll I f El t. 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