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HomeMy WebLinkAboutpitkin.planning.273707425001, thru 094 (4)DOCUMENT 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 (11x17) t, . PARCEL I, 2737- 074 -25 -001 thru ' RCVD: �� 6/11/1987 *COPIES: CASE NO P39A -87 CASE NAM Centennial Subdivision Exerription (Insubstantial Change to a Recorded Plat Planners f PROJ ADD Spruce St S -T -R OINNJAPP: Centennial Homeow ADRI C /S /Z:1 -� -- �— PHN:. ______ - - -__ REP: ADR: C/S /Z:� PHN: Email Addr— _ J 4 ALLOCATED HOURS: FEES DUE :: FEES RCVD,F V. OVER: REFERRALS' REP BYJ DUE: MTG DATE REV BODY PH_ NOTICED DATE OF FINAL ACTION: 7j2111987 �— -- — . 7/21 /1987 P &Z JINo + BOCC Reso: Po BOCC Ord: jl REMARKS f no vesting (annexed to city) PZ 87 -22 #293011 HRG OFF: CLOSED: BY:� HO INDEX: ADMIN: PLAT PLAT (BKPG) ; n/a ADMIN INDEX: �y■ VR APPROVADDATE: VR EXPIRES: !' CASE TYP: Subdivision Exemption CASE TYP5: CASE TYP2:= CASE TYP6: CASE TYPT CASE TYP7: CASE TYP4:1 Date Scanned: i 6J31/12 File Location: FF Box #55 k, ., DATE RECEIVED- DATE COMPLETE: PROJECT NAME: Project Addre CASELOAD SUMMARY SHEET PITKIN COUNTY PARCEL ID AND CASE NO. oQ73,7-07y-d-,5�— 0/0 39A- 0'7 t RTAFF MFMRFT? - - APPLICANT - ( : e n r Applicant. Address: Oh /ver Ci• X12 ✓e.� ©�-P.� REPRESENTATIVE: t i S - 'I I S & A SS0 C- Representative Address /Phone: S-4. n 0 Q /395 TYPE OF APPLICATION: SLtc� Q(/ y / S 1012 PAID: YES NO AMOUNT- �P 73J� OG 1 STEP APPLICATION: P &Z MEETING DATE: �� -'1 2 PUBLIC HEARING: YES(fN�) DATE REFERRED: 2 STEP APPLICATION: BOCC MEETING DATE: DATE REFERRED: REFERRALS: County Atty County Engr —� Housing Dir. Aspen Water City Electric Envir. Hlth. County Mgr. Div. Wildlife Trails Dir. INITIALS: PUBLIC HEARING: YES NO INITIALS: Aspen Consol S.D. Mtn. Bell Envir. Coordin. Holy Cross Electric Fire Marshall Snowmass Vill. FAA State Plan. Off. Other: School District Rocky Mtn Gas State Hwy Dept (Glwd) (GrJtn) Bldg Zon /Inspt. Colo Geo Survey USFS Div. Water Res. Other: FINAL ROUTING: DATE ROUTED: INITIAL: County Atty County Engineer Building Dept. Housing Dir. Envir. Health Other: K FILE STATUS AND LOCATION: ,\ 000001 =7� A eou 546 F*-e:363 Recorded at c ock rM 'i - ( o o/ Reception No a 9 3 01 I SILVIA DAVIS PITKIN COUNTY RECORDER RESOLUTION OF THE PITKIN COUNTY PLANNING AND ZONING COMMISSION GRANTING APPROVAL FOR AN INSUBSTANTIAL CHANGE TO A RECORDED PLAT FOR THE CENTENNIAL PMH HOUSING PROJECT TO ENCLOSE FIVE OF THE UNSOLD LOFTS Resolution No. 87195nc a r WHEREAS, at a regular meeting on July 21,1987 the Planning and Zoning Commission (hereinafter the "commission ") reviewed an application from the Centennial Partners and the Centennial Homeowners Association (hereinafter "applicant "); and WHEREAS, the application requested that the remaining unsold loft units (5) in the Centennial project have the ability to enclose the second floor to increase the square footage of each of the units by no more than 149 square feet for increased privacy and marketability; and WHEREAS, the proposal is an insubstantial change to a recorded plat pursuant to Section 4- 2.1(b) of the Land Use Code; and WHEREAS, the proposal will not create an additional impact on the parking at the project; and WHEREAS, the proposal will not adversely affect the housing mix intended for the project because the enclosed loft units will continue to be sold and occupied as one bedroom units. NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby grant approval for the five unsold loft units (as of July 21,1987) to be enclosed within no more than 149 square feet each on the second floor with the following conditions: 1) The enclosure of each unit shall not exceed 149 square feet. The aggregate total square footage shall be included in the calculation of the total square footage 000002 J � o�x 546 Resolution No. Page 2 of the approved project, and that limitation shall continue in full force and effect. 2) The Board of County Commissioners must approve all necessary amendments to the Disposition and Development Agreement before the issuance of any building permit to enclose a loft unit. 3) The units shall continue to be used as one bedroom units and this approval shall not be used for the purpose of increasing the permissible occupancy of any of the units. 4) The sale prices of the units shall continue to be controlled by the square footage of the units prior to this approval and no increase in square footage shall be recognized for purposes of price. This shall not preclude owners from recouping the costs of the improvements as upgradings of the units. APPROVED by the Planning Commission at its regular meeting on __q—_ , 1987. PITKIN COUNTY PLANNING AND ZONING COMMISSION I By Peter Guy, C airman ATT Deputy County e O APPROVED AS TO FORM V4��k_ c Th as F. Smith, County Attorney CH.CENTRESO o u, U— 3 APPROVED AS TO CONTENT: Alan Richman, Planning and Development Director MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Cindy Houben, Planning Office RE: Centennial Subdivision Exemption for the Enclosure of Loft Space DATE: November 3, 1987 REQUEST: Approval to revise Resolution 87 -22 to allow for the enclosure of any five units in the Centennial Project rather than the designated units which were unsold at the time the enclosures were requested. APPLICANTS: Centennial Homeowners Association and Sam Brown. DESCRIPTION OF THE PROPOSAL: Attached is a letter from Kim Miller of Centennial explaining that when Centennial came before the Planning Commission they had originally requested that the five unsold units have the ability to enclose the second floor space. Since the time the Planning Commission approved Resolution 87- , 22 these five units were sold and only two units wish to poten- tially exercise the right to enclose the second floor area. Thus, the square footage approved for loft enclosures is still avail- able for three units. Centennial has confirmed that they have no problem with allowing owners to use this square footage on a first come first serve basis. The Planning Office does not have a problem with this request and recommends that Resolution 87 -22 be revised to allow individual home owners to use the approved square footage on a first come first serve basis. RECOMMENDATION: The Planning Office recommends that the Planning Commission approve the amendment to Resolution 87 -22 in order to allow Centennial Homeowners to use the approved square footage for the enclosure of loft units on a first come first serve basis. (An amended resolution is attached). i�uu�� MEMORANDUM TO: Pitkin County Planning Commission FROM: Cindy Houben, Planning Office RE: Centennial Subdivision Exemption for the Enclosure of Loft Space in One or Two of the Sales Units DATE: July 21, 1987 REQUEST: Approval of a subdivision exemption for an insubstantial change to a recorded plat (Section 4- 2.2(b)) for one or two of the Centennial sales loft units to be enclosed. APPLICANT: Tom Teal /Centennial Homeowners Association. LOCATION: Two of the following units, depending on which unit a buyer desires to enclose :A- 204,B- 203,B- 204,B -205,P -203. DESCRIPTION OF THE PROPOSAL: The applicants propose to enclose the Loft space of two of the above listed units. The additional space would be 148 interior square feet per unit. The modifica- tion of the unit is illustrated by the attached floor plan. 1) Housing Authority: The Housing Authority did not have any objection to the proposal. STAFF COMMENTS: 1) The applicants are proposing that the interior square footage approved for the project will remain the same, however, the amount of square footage for the rental units will be reduced, thereby increasing the amount of square footage approved for the sales units. 2) The enclosed space is presented as a bedroom space leaving the original loft space as a sitting room type area. The application states that due to the configura- tion of the floor plan it is unlikely that anyone will use the apartment as a two bedroom unit. The staff feels that there is a possibility that the enclosed loft units will be used as two bedroom units and could increase a parking problem at the project. The attached letter signed by the President of the Board of Managers of Centennial notes that they believe enclosing of the loft space does not change the uuuju�5 parking situation. In addition, they feel that the selling of the units to full -time permanent residents is likely to reduce the parking demand since the unsold units are occupied by renters who probably generate more demand for parking. 3) The applicants have five (5) loft units that they could potentially request to enclose. One unit was enclosed earlier this year with permission by the Board in order to determine if it made the units more saleable. The applicants initially requested this action for one additional unit because they had a buyer who wanted an enclosed loft unit. Since that time the buyer is no longer interested in the unit and the applicant would like the flexibility to choose which of the units could be enclosed. The applicants also feel that they could likely be requesting another enclosed loft in the near future. The staff recommends that we consider the enclosure of two units at this time. 4) The total project was approved with 177,000 square feet of interior space. The rental units were approved for 106,000 square feet and were actually built with 104,519 square feet. The sales units were approved for 71,134 square feet and were built to the same square footage. The proposal is to use the additional square footage from the rental units for the enclosure of the loft units. If all six loft units were to be enclosed this would mean that the sales units would use 888 square feet of the rental unit space, increasing the interior square footage of the sales units to a total of 71,888 square feet. This would leave 593 square feet of approved additional interior square footage in the entire centennial project. 5) The applicants outline their reasons for supporting the amendment as follows: a) Enclosing the loft space will not create new or additional impacts from the project. b) Enclosing the loft space will not exceed the 177,000 square feet allowed. C) Enclosing the loft space does not create a de facto second bedroom because of the awkwardness of the layout and the circulation layout to the upstairs bedroom. d) Enclosing the loft space does not impact the occupancy of the unit and therefore does not change the parking. 2 6) Since the Centennial Homeowners agree that the proposal does not create any impacts for the project and do not object to the use of the additional square footage for the proposal, the Planning Office feels that the Planning Commission must make the following findings in order to approve the request: a) The proposal is an insubstantial change to the approval; and b) The proposal will not create an additional impact on the parking situation ;and C) The proposal will not adversely affect the housing mix intended for the project (that the enclosed units will be sold as and used as one bedroom units). RECOMMENDATION: The Planning Office recommends approval for enclosure of two additional loft units (recognizing that one was perviously approved, for a total of three enclosed loft units allowed in the project) with the following conditions: 1) That the enclosure of each unit may not exceed 148 sq. ft. for a total of 444 additional interior square feet for the sales portion of the project. 444 sq. ft. shall be subtracted from the interior square footage allowed for the rental space. This amendment shall be made to the Centennial Disposition and Development Agreement which shall be approved by the Planning Office and County Attorney prior to the enclosure of two addi- tional units. 2) 3) CH. Cent 0OUJO7 The approval shall be reviewed by the Housing Authority to confirm compliance with the findings listed in staff comment #6. No additional enclosures shall be approved until July of 1988 in order that condition number 2 may be addressed. 3 1- 0 0 0 LLJ LLJ CY z 0 0. OUUJ08 - ALPINE CONSTRUCTt' -" I CO., INC. 728 East Hopkins%mOenue ASPEN, COLORADO 81611 (303) 925 -7007 JOB SHEET NO. CALCULATED BY CHECKED BY - SCALE OF DATE DATE ALPINE CONSTRUCTION '" )., INC. JOB -- 728 East Hopkins Aver SHEET NO. OF -- ASPEN, COLORADO 81611 (303) 9257007 CALCULATED BY DATE - - CHECKED BY DATE_ SCALE 000ilo co EX \SZ 1 tJ � �'C t W O 1Z � L �t�l►. MEMORANDUM TO: Tom Smith, County Attorney FROM: Cindy Houben, Planning Office RE: Enclosure of Second Floor of Unsold Centennial Loft Units DATE: May 11, 1987 Please review the attached correspondence from Jim Curtis and the Centennial Homeowners Board of Managers regarding the enclosure of second floor space in the existing Centennial loft units. I'd like your advise on how to handle this request. There is no provision in the code for an amendment to a PUD nor for an amendment for Detailed Submission Plans. I don't see this as a minor change to the recorded plat /documents, therefore, I don't believe we could exempt it under 4- 2.1(b). I'd like to meet with you on this issue later this week if possible. Please call me to set up a meeting that is convenient for you. ch. cent DUU011 ' CENTENNIAL OWNERS' 100 LUKE SHORT COURT ASPEN, COLORADO 81611 Phone (303) 925 -1876 March 2, 1987 Ms. Cindy Houben Aspen /Pitkin Planning Office 130 S. Galena Street Aspen, CO 81611 ASS Re: Centennial Owners' Associations Support of Enclosing the Loft Space in the Unsold Loft Units Dear Cindy, As you requested, I presented our proposal for enclosing the loft space in the unsold loft units(8 units) to the Centennial Board of Managers of the Owners' Association. The Board fully supports the concept for the following reasons: 1. The Board feels it is the project's best interest to sell the unsold units as quickly as possible to have full -time permanent residents in the project. 2. Enclosing the loft space will not generate new or additional impacts from the project. Enclosing the loft space does not create a de facto second bedroom because of the awkwardness of the layout and the circulation layout of the upstairs bathroom. Upon inspecting the the proposed remodel, the Board felt that the alterations provided improved privacy of the upstairs bedroom and that the additional space would only be useable as a small office or guest room. 3. Enclosing the loft space does not impact the occupancy of the unit and therefore does not change parking. In fact, selling the unsold units to full -time permanent residents is likely to reduce the parking demand because the unsold units are now occupied by renters who probably generate more demand for parking. The Board fully supports the proposal as a means to encourage sales to permanent residents. Moreover, the concept supporting the Centennial project is to try to provide what the employee /purchaser desires. If the employee /purchaser prefers this type of unit, it is only reasonable to have the flexibility to enclose the loft space. � Sincerely, Tom Teal J y/ Hammond,- - o rd of Managers cc: Jim Curtis Board of Managers UJUJ12 CURTIS �QASSOCIATES March 5, 1987 Ms. Cindy Houben Aspen /Pitkin Planning Office 130 So. Galena Street Aspen, CO 81611 Re: Centennial One - Bedroom Loft Units Flexibility to Enclose the Loft Space In the Unsold Units Dear Cindy, Per your request, the Board of Managers of the Centennial Homeowners' Association have inspected the "enclosed" 1- bedroom loft unit. Per their attached letter, the Board fully supports the flexibility to enclose the loft space in the 8 unsold loft units to encourage sales. Also per your request, I have reviewed the Bylaws of the Home- owners' Association as applicable to unit alterations. Per the attached excerpt, the Declarant (the developer, Centennial Ltd.) has the right to make alterations without the consent of the Board of Managers. In this case, Centennial has both the consent and support of the Board. As we all know, this issue has been dragging for an extended time. Centennial would like to resolve the issue as soon as possible. I wish to re- emphasize, Centennial does not propose to enclose the loft space on all 8 unsold units at one time. They simply want the right (flexibility) to enclose the loft units if that is what a purchaser desires. I will give you a follow -up call resolve this matter. Hopefully, level. If not, and you wish me please schedule me on an agenda JC /b cc: Tom Teal buuji"3 to see how best to finally it can be handled at a staff to go before the Commissioners, as soon as possible. Sincere y, f 4m Curtis V 117 South Monarch Street Aspen, Colorado 81611 303/920 -1395 CENTENNI, L OWNERS' A.S CIATION 100 LUKE SHORT COURT ASPEN, COLORADO 81611 Phone(303)925 -1876 March 2, 1987 Ms. Cindy Houben Aspen /Pitkin Planning Office 130 S. Galena Street Aspen, CO 81611 Re: Centennial Owners' Associations Support of Enclosing the ' Loft Space ii, the Unsold Loft Units Dear Cindy, curr.�..�,�� -v�� fnr o.+nl ..� : n.. a 2+n l nf+ cur r -�.- - -- -- ,:, -_ space in the unsold loft units(8 units) to the Centennial Board of Managers of the Owners' Association. The Board fully supports the concept for the following reasons: 1. The Board feels it isTithe project's best interest to sell the unsold units as quickly as possible to have full -time permanent residents in the project. 2. Enclosing the loft space will not: generate new or additional impacts from the project. Enclosing the loft space does -not create a de facto second bedroom because of the awkwardness of the layout and.the circulation layout of the upstairs bathroom. Upon inspecting the the proposed remodel, the Board felt that the alterations provided improved privacy of the upstairs bedroom and that the additional space would-only be useable as a small office or guest room. 3. Enclosing the loft space does not impact the occupancy of the unit and therefore does not change parking. In fact, selling the unsold -units to full -time permanent residents is likely to reduce the parking demand because the unsold units are now occupied by renters who probably generate more demand for parking. The Board :Zully supports -: ae ..bq:i w.3 ti _•Cc...•S �vL 3Sav�ia<ugv sa�1C.�. to permanent residents. Moreover, the concept supporting the Centennial project is to try to provide what the employee /purchaser desires. If the,employee /purchaser prefers this type of unit, it is only reasonable to have the flexibility to enclose the loft space. cc: Jim Curtis Board of Managers , Oul UJ..4 Sincerely, Tom Teal '(dY''► X4 AAAVo O 6e.- eo�, &t4in nk 54 - Section 5.07. Additions, Alterations, or Improvements by the Unit Owners. (a) No Unit Owner shall make any structural addition, alteration, or improvement in or to his Unit without the prior written consent of the Board of Managers or the Covenants Committee as appropriate. No Unit Owner shall paint or alter the exterior of his Unit, including the doors, windows, and entry decks, nor shall any Unit Owner paint or alter the exterior of any building. (b) The provisions of this Section 5.07 shall not apply to Units owned by the Declarant until deeds of conveyance of such Units shall have been recorded, provided that Declarant's construction or alterations shall be architecturally compatible with existing Units. The Declarant shall have the right to make alterations to, relocate boundaries of, or subdivide any such Units owned by the Declarant without the consent of the Board of Managers, and the Board of Managers shall execute any governmental application required therefor. UUUJI5 P rKL__ REVIEW DRAFT ONLY ! 7 198 _ _ Fourth Amendment to Disposition and Development Agreement by and between The Board of County Commissioners of Pitkin County, Colorado and Centennial - Aspen, A Limited Partnership (the assignee of World Class Housing, Inc.) This Fourth Amendment to the Disposition and Development Agreement ( "Fourth Amendment ") is made and entered into by and between the Board of County Commissioners of Pitkin County, Colorado (the "County ") and Centennial - Aspen, A Limited Partnership ( "Centennial- Aspen "), the assignee of World Class Housing, Inc. ( "WCH "). WHEREAS, on May 10, 1983, the County and WCH entered into a Disposition and Development Agreement (the "Agreement," which term includes the First, Second and Third Amendments described below, and this Fourth Amendment, unless the context otherwise requires) for the construction, management, and operation of an employee housing project upon that land described in the Agreement as the "Site "; and WHEREAS, a First, Second and Third Amendment to the Agree- ment was executed by the County and Centennial -Aspen on April 27, 1984; August 8, 1984, and April 10, 1986 respectively; and WHEREAS, it is the desire of the County and Centennial -Aspen to further amend the Agreement to correct certain facts, 6UUi6 1 recitations, and provisions that have been affected by changed circumstances and to clarify the Agreement; and WHEREAS, it is the desire of the County and Centennial -Aspen to further amend the Agreement to facilitate the sale of previously unsold 1- bedroom loft units by allowing the enclosure of the loft space at the discretion of Centennial -Aspen and upon receipt of a building permit from the Pitkin County Building Department. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree that: 1. "Section 2.01(c)(6) Conveyance of Property." shall be amended as follows: (c)(6) A restriction, as a covenant running with the land, arising on the date of record upon which the County conveyed the Site to the Developer and expiring twenty (20) years thereafter, that residential improvements on the Site shall not exceed one hundred seventy -seven thousand (177,000) square feet of Interior Residential Space of which total not more than one hundred four thousand five hundred nineteen (104,519) square feet of Interior Residential Space shall be occupied by Rental Units and not more than seventy - two thousand four hundred eighty -one (72,481) square feet of Interior Residential Space shall be occupied by Sale Units; uuujii 2 ON however, the foregoing clause shall not limit the Developer's right convert Rental Units to Converted Sale Units pursuant to Section 2.01(f). 2. Section 3.01(f) Overall Development Concept." shall be added as follows: (f) (1) The Developer is hereby permitted to enclose the loft space in loft unit B -202, 221 Free Silver Court, adding approximately 148 square feet of Interior Residential Space to the unit to test the marketability of the revised unit layout. The Developer shall also be permitted to enclose the loft space in the remaining 4 unsold loft units listed below upon written notification to the Pitkin County Planning Office and receipt of a building permit from the Pitkin County Building Department. Enclosing the loft space in the subject loft units may be phased on a unit by unit basis at the discretion of the Developer. A -204, 122 Free Silver Court B -203, 222 Free Silver Court B -204, 223 Free Silver Court B -205, 224 Free Silver Court (f) (2) The enclosed loft units shall continue to be used as 1- bedroom units and the enclosed loft space shall not be used for the purpose of increasing the permissible occupancy of the unit. t OU48 K M (3) The enclosed loft space of approximately 148 square feet shall be permitted to be added to the "base" sale price of the unit as set forth by the "Agreement" and be charged only at the actual construction cost of the work. 3. All terms used in this Fourth Amendment, whether capitalized or not, unless otherwise stated, shall have the same meaning as when used in the Agreement, whether by explicit definition or as a matter of custom and usage. 4. Except as modified by this Fourth Amendment, the Agreement shall remain in full force and effect as previously executed. 5. If any provision in this Fourth Amendment is inconsis- tent with any provision of the Agreement, then the provision contained herein shall prevail and control. 6. References to section numbers and headings herein shall be consistent with and as defined in the Agreement. 7. The effective date of this Fourth Amendment shall be the date upon which this Fourth Amendment shall have been executed by both of the parties hereto and authorized by the County. UUUU 9 4 EM 8. This Fourth Amendment may be executed in counterparts, which counterparts shall be deemed to be originals and shall together constitute one and the same instrument. IN WITNESS WHEREOF, this Fourth Amendment has been executed and delivered by the parties hereto as of the dates indicated below. ATTEST: Deputy Clerk & Recorder ATTEST: APPROVED AS TO FORM: Thomas Fenton Smith County Attorney uuuj20 5 THE BOARD OF COUNY COMMISSIONERS OF PITKIN COUNTY By: George Madsen Chairman CENTENNIAL - ASPEN, A LIMITED PARTNERSHIP By: World Class Housing, Inc., Its General Partner By: President Date: ACKNOWLEDGEMENTS STATE OF COLORADO ) ) ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this day of , 1987, by Sam W. Brown, Jr., President of World Class Housing, Inc., a Delaware corporation, as General Parnter of Centennial - Aspen, A Limited Partnership, on behalf of the Limited Partnership. Witness my hand and official seal. My Commission expires: UUUU21 i Notary Public ACKNOWLEDGEMENTS STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) „ -.r The foregoing instrument was acknowledged before me this day of , 1987, by George Madsen, Chairman of the Board of County Commissioners of Pitkin County, on behalf of the Board of County Commissioners of Pitkin County. Witness my hand and official seal. Notary Public My Commission expires: GOUJ22 7 Third Amendment to Disposition and Development Agreement by and between The Board of County Commissioners of Pitkin County, Colorado and World Class Housing, Inc. This Third Amendment to the Disposition and Development Agreement ( "Third Amendment ") is made and entered into by and between the Board of County Commissioners of Pitkin County, Colorado (the "County ") and World Class Housing, Inc., its successors or assigns ( "WCH "). WHEREAS, on May 10, 1983, the County and WCH entered into a disposition and Development Agreement (the "Agreement ") for the construction, management, and operation of an employee housing project upon that land described in the Agreement as the "Site ", should the appropriate land use approvals be granted; and WHEREAS, a First and Second Amendment to the agreement was executed by the County and WCH on April.27, 1984 and August 8, 1984, respectively; and WHEREAS, it is the desire of the County and WCH to further amend the Agreement to correct certain facts, recitations, and provisions that have been affected by changed circumstances and to clarify the Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree that: uuuj23 J - if 1. "Section 2.01(c)(6) Conveyance of Property." shall be amended as follows: (c)(6) A restriction, as a covenant running with the land, arising on the date of record upon which the County conveyed the Site to the Developer and expiring twenty (20) years thereafter, that residential improvements on the Site shall not exceed one hundred seventy -seven thousand - ,U+vYI Pi (177,000) square feet of Interior Residential Space, of which total not more than one hundred four thousand five hundred twenty -five (104,525) square feet of Interior Residential Space shall be occupied by Rental Units and not more than seventy -two thousand four hundred seventy -five (72,475) square feet of Interior Residential Space shall be occupied by Sale units; however, the foregoing clause shall not limit the Developer's right convert Rental Units to Converted Sale Units pursuant to Section 2.01(f). 2. Section 3.01(f) Overall Development Concept." shall be added as follows: (f) The Developer shall be permitted to enclose the loft space in loft unit B -202, 221 Free Silver Court, adding approximately 148 square feet of Interior Residential Space to the unit to test the marketability of the revised unit layout. The Developer shall also be permitted to enclose the loft space in the remaining 7 unsold loft units listed below upon written notification to the County Attorney and ouuu24 2 r 4 ouuj25 and County Planning Office. Enclosing the loft space in the subject loft units may be phased on a unit by unit basis at the discretion of the Developer. A -204, 122 Free Silver Court B -203, 222 B -204, 223 B -205, 224 0 -203, 228 P -203, 327 P -208, 322 Free Free Free Teal Teal Teal Silver Court Silver Court Silver Court Court Court Court 3 ASPEN /PITKIN PLANNING OFFICE 130 S_ Galena Street Aspen, (303) 925 -2020 Date: <<C J � 00nuiC A C o to J 6 t r _ ' RE: CC'i77Pnn,c1- Dear 1 This is to inform you that the Planning Office we havea completed de determined preliminary review of the captioned ap plication. that your application IS NOT complete. Additional items required include: Disclosure of Ownership (one copy only needed) Adjacent Property Owners List /Envelopes /Postage (one copy) Additional copies of entire application to submit app lica- Authorization by owner for representative tion Response to 1 ist of items (attached/below) c eand ore of gulat regulations demonstrating the compliance with the appl icable policies Code, or other specific materials A check in the amount of $ for A.. Yodr application is complete and weonhave scheduled it We will review by the call you if we need any additional i we prior illr call Land date_ Several days prior to your hearing, make available a copy of the memorandum.. Please note that it IS NOT your responsibility to post your property with a sign, which we can provide you for a $3.00 fee. ✓ B. Your application is incomplete, we have not materials scheduled it review at this time. When next available agenda_ requested, we will place you on the If you have any questions, please call G � �� � e n the planner assigned to your case. Sincerely, ASPEN /PITKIN PLANNING OFFICE UUUU26 - A r b C� e" T i'A t, y 42 4 �(, 71111e� a OUUU27 KIM MILLER Property Manager CENTENNIAL APARTMENTS 100 LUKE SHORT COURT ASPEN, COLORADO 81611 Phone (303) 925 -1876 October 26, 1987 Ms. Cindy Houben Pitkin County Planning Department 130 South Galena Street Aspen, Colorado 81611 Dear Cindy: As the Agent for Centennial and Sam Brown, I am writing to allow Dee Wewer to expand her loft condo. We(Centennial) has previously gone through the Planning process to allow the expansion of five(5) units. One of these units has exercised the option to expand and another is on hold—waiting for the current owners decision. However, the other three units can now be delt with on a first come first serve basis. If you have any further questions please call me at the above number. Sincerely, Kith Miller 0UU, J2'6 CENTENNIAL. OWNERS' ASSOCIATION 100 LUKE SI iORT COURT ASPEN, COLORADO 81611 l h(u (303) 925 -1$76 G.ctober 30 , l : R 7 Dee Wewe r 228 Tea-1 Court Aspen, Colorado S1(�11 Re: Loft extension h)r° .218 'foal Grurt.- "102, 3 Dear Dee: I am writing, on b-ehal f ()F 1 he C.en tens i n I Hciard of Managers,, to confirm the condi t ion:l.'I, approval fc,r o(, proposed interior loft expansion. Apprcrv:11 j given ,;ub,jvct. to the fo1 lou'itrg; 1 . No more than 1n11 -clti re feet. w i I I be enclosed. 2. Permission and permits will b.c, iquired from the. Pi tkin County Pl ann i n� O f f i c e and P i tl< i n c'()unty Bui Id i n� Department (where ever ner.c ss<.tty) . 3. A licensed contractor wi 11 be floing all work and will be in compliance with the Buildin g!),epartment. I trust this will be sufficient for acquiring your permits. If you have any problems or further quest.ions please call me at the above number. Very Truly Yours, Kim Miller Property Manager, Centennial cc: Board of Managers '600UU2� CURTIS ASSOCIATES December 17, 1986 Mr. Tom Smith Pitkin County Attorney Courthouse Plaza Building Aspen, CO 81611 Re: Follow -Up Information On the Centennial Request To Enclose The 9 Unsold 1- Bedroom Loft Units Dear Tom, Herein provided is the information you requested to compare the "as- built" unit mix and square footage of Centennial with the unit mix and square footage set forth in the Second Amendment to the Development and Disposition Agreement. The comparison is summarized below and the "as- built" unit mix and square footage is given in Attachment A. Sales Units Studios 1- Bedrooms 2- Bedrooms 3- Bedrooms Rental Units Studios 1- Bedrooms 2- Bedrooms 3- Bedrooms As Built Units Sq.Ft. 10 38 38 6 92 71,134 41 48 45 14 148 104,519 2nd Amendment Units Sq.Ft. 10 38 39 5 92 71,000 41 48 45 14 148 106,000 Total 240 175,653 240 177,000 The above figures are in the sales unit mix 2- bedroom units) was additional 3- bedroom 00Uj30 self - explanatory. The 1 unit modification (6 vs. 5 3- bedroom units and 38 vs. 39 done just prior to construction so that the would function as an on -site sales office 117 South Monarch Street Aspen, Colorado 81611 303/920 -1395 EM Mr. Tom Smith Pitkin County Attorney December 17, 1986 Page Two for the sales units. The on -site sales unit was approved before- hand by Alan Richman and Jim Wilson as shown in my letter in Attachment B. The sales office (Unit A -211) has since been discontinued and the 3- bedroom unit sold. Hindsight has shown adding the 3- bedroom unit and reducing the 2- bedroom units was a desirable adjustment as all the 3- bedroom units are sold while 2- bedroom units remain unsold. As best I can recall from prior Housing Authority sessions and follow -up conversations with Sam Brown and Tom Teal, the 177,000 square feet set forth in the 2nd Amendment to the D &D Agreement was set slightly above what was at that time proposed to be constructed to allow for construction contingencies and changes during construction. This is why it is logical the 177,000 sq. ft. is slightly above the 175,653 sq.ft. constructed. Hindsight again shows having this slight cushion is desirable as Centennial wishes to have the flexibility to enclose the 1- bedroom loft space in the 9 unsold 1- bedroom loft units. I feel this is consistent with the intent of the D &D Agreement which left a cushion to deal with contingenies as we are now facing. As outlined in Tom Teal's earlier letter in Attachment C, enclos- ing the loft space in the 1- bedroom unit adds 147.5 sq.ft. per unit. If all 9 unsold loft units were enclosed this would add a total of 1,328 sq.ft. As shown below, if all 9 units were enclosed, the total square footage would still be less than the 177,000 sq.ft. allowed. As -Built Added Allowed Sq.Ft. Loft Space Total Sq.Ft. Sales Units 71,134 + 1,328 = 72,462 vs. 71,000 Rental Units 104,519 -0- 104,519 vs. 106,000 175,653 176,981 177,000 In summary, I feel allowing space is consistent with the allowed for a small cushion cies. My reasons supporting space are given below: OOUAI the flexibility to enclose the loft intent of the D &D Agreement which to deal with unforeseen contingen- the flexibility to enclose the loft Fn Mr. Tom Smith Pitkin County Attorney December 17, 1986 Page Three 1. Enclosing the loft space will not generate new or additional impacts from the project. 2. Enclosing the loft space will not exceed the 177,000 sq.ft. allowed. 3. Enclosing the loft space does not create a de .facto second bedroom because of the awkwardness of the layout and .the circulation layout to the upstairs bathroom. 4. Enclosing the loft space does not impact the occupancy of the unit and therefore does not change parking. Simply, we are requesting the flexibility to enclose the loft space to improve the marketability of the 9 unsold loft units. The loft spaces would be enclosed on a phased basis as and if market demand warrants. Hopefully, everyone agrees the intent is to encourage sales at Centennial. I will follow -up with you to see how you wish to proceed on this matter. Sincerel , tm 4.2 J'm Curtis JC /b cc: Cindy Houben Tom Teal 00 Ui'2 December 10, 1986 ODUU33 Unit Unit Square Condo Only: Condo Only: Number Type Footage Per Unit Percentage Votes Unit # Unit Type Sq.Ft. Interest Per Unit A - 102 One Bedroom - Flat - End 598 0.840667 84 A - 104 One Bedroom - Flat 598 0.840667 84 A - 105 Studio 455 0.639638 64 A - 106 Studio 455 0.639638 64 A - 108 Two Bedroom - Flat 832 1.169624 117 A - 109 One Bedroom - Flat 598 0.840667 84 A - 111 One Bedroom - Flat 598 0.840667 84 A - 202 One Bedroom - Loft - End 841 1.182276 118 A - 203 One Bedroom - Loft 733 1.030450 103 A - 204 One Bedroom - Loft 733 1.030450 103• A - 205 Two Bedroom - Maisonette 881 1.238508 124 A - 206 Two Bedroom - Maisonette 881 1.238508, 124 A - 207 Two Bedroom - Maisonette 881 1.238508 124 A - 208 Two Bedroom - Maisonette 881 1.238508 124 A - 209 Three Bdrm. - Maisonette - Lg 1308 1.838783 184 A - 211 Three Bdrm. - Maisonette - Lg 1308 1.838783 184 B - 101 Two Bedroom - Flat 832 1.169624 117 B - 103 Two Bedroom - Flat 832 1.169624 117 B - 105 Studio 455 0.639638 64 B - 106 Studio 455 0.639638 64 B - 201 One Bedroom - Loft 733 1.030450 103 B - 202 One Bedroom - Loft 733 1.030450 103 B - 203 One Bedroom - Loft 733 1.030450 103 B - 204 One Bedroom - Loft 733 1.030450 103 B - 205 One Bedroom - Loft 733 1.030450 103 B - 206 One Bedroom - Loft 733 1.030450 103 C - 101 Studio 455 0.639638 64 C -102 One Bedroom - Flat 598 0.840667 84 C - 104 One Bedroom - Flat 598 0.840667 84 C - 105 Studio 455 0.639638 64 C - 107 Two Bedroom - Flat 832 1.169624 117 C - 108 One Bedroom - Flat 598 0.840667 84 C - 110 One Bedroom - Flat 598 0.840667 84 C - 201 Two Bedroom - Maisonette 881 1.238508 124 C - 202 Three Bdrm. - Maisonette - Lg 1308 1.838783 184 C - 204 Three Bdrm. - Maisonette - Lg 1308 1.838783 184 C - 205 Two Bedroom - Maisonette 881 1.238508 124 C - 206 Two Bedroom - Maisonette 881 1.238508 124 C - 207 Two Bedroom - Maisonette 881 1.238508 124 C - 208 Three Bdrm. - Maisonette - Lg. 1308 1.838783 184 C - 210 Three Bdrm. - Maisonette - Lg. 1308 1.838783 184 D - 101 Two Bedroom - Flat 832 1.169624 117 D - 103 Two Bedroom - Flat 832 1.169624 117 D - 105 Studio 455 0.639638 64 D - 106 Studio 455 0.639638 64 D - 201 Two Bedroom - Maisonette 881 1.238508 124 ODUU33 D - 202 Two Bedroom - Maisonette 881 1.238508. 124 D - 203 Two Bedroom - Maisonette 881 1.238508 124 D - 204 Two Bedroom - Maisonette 881 1.238508 124 D - 205 Two Bedroom - Maisonette 881 1.238508 124 D - 206 Two Bedroom - Maisonette 881 1.238508 124 0 - 102 One Bedroom - Flat - End 598 0.840667 84 0 - 104 One Bedroom - Flat 598 0.840667 84 0 - 105 Two Bedroom - Flat 832 1.169624 117 0 - 107 Two Bedroom - Flat 832 1.169624 117 0 - 109 One Bedroom - Flat 598 0.840667 84 0 - 111 One Bedroom - Flat 598 0.840667 84 0 - 202 One Bedroom - Loft - End 841 1.182276 118 0 - 203 One Bedroom - Loft 733 1.030450 103 0 - 204 One Bedroom - Loft 733 1.030450 103 0 - 205 Two Bedroom - Maisonette 881 1.238508 124 0 - 206 Two Bedroom - Maisonette 881 1.238508 124` 0 - 207 Two Bedroom - Maisonette 881 1.238508 124 0 - 208 Two Bedroom - Maisonette 881 1.238508 124 0 - 209 One Bedroom - Loft 733 1.030450 103 0 - 210 One Bedroom - Loft 733 1.030450 103 0 - 211 Two Bedroom - Maisonette 881 1.238508 124 P - 101 One Bedroom - Flat 598 0.840667 84 P - 103 One Bedroom - Flat 598 0.840667 84 P - 105 Two Bedroom - Flat 832 1.169624 117 P - 106 Studio 455 0.639638 64 P - 107 Studio 455 0.639638 64 P - 108 One Bedroom - Flat 598 0.840667 84 P - 110 One Bedroom - Flat 598 0.840667 84 P - 201 Two Bedroom - Maisonette 881 1.238508 124 P - 202 Two Bedroom - Maisonette 881 1.238508 124 P - 203 One Bedroom - Loft 733 1.030450 103 P - 204 Two Bedroom - Maisonette 881 1.238508 124 P - 205 Two Bedroom - Maisonette 881 1.238508 124 P - 206 Two Bedroom - Maisonette 881 1.238508 124 P -207 Two Bedroom - Maisonette 881 1.238508 124 P - 208 One Bedroom - Loft 733 1.030450 103 P - 209 One Bedroom - Loft 733 1.030450 103 P - 210 Two Bedroom - Maisonette 881 1.238508 124 Q - 102 One Bedroom - Flat - End 598 0.840667 84 Q - 104 One Bedroom - Flat 598 0.840667 84 Q - 106 Two Bedroom - Flat 832 1.169624 117 Q - 202 One Bedroom - Loft - End 841 1.182276 118 Q - 203 One Bedroom - Loft 733 1.030450 103 Q - 204 Two Bedroom - Maisonette 881 1.238508 124 Q - 205 One Bedroom - Loft 733 1.030450 103 Q - 206 Two Bedroom - Maisonette 881 1.238508 124 Totals for A,B,C,D,O,P,Q E - 101 Studio* E - 102 Studio* E - 103 Studio* ODUU34 71- 100.000000 10003 455 455 455 E - 104 Studio* 455 E - 201 Two Bedroom - Maisonette* 881 E - 202 Three Bedroom - Maisonette* 1097 E - 203 Studio* 470 E - 204 Three Bedroom - Maisonette* 1097 F - 101 One Bedroom* 598 F - 103 One Bedroom* 598 F - 104 Studio 455 F - 105 One Bedroom* 598 F - 107 One Bedroom* 598 F - 108 Studio 455 F - 109 Studio 455 F - 110 Studio 455 F - 201 Two Bedroom - Maisonette 881 F - 202 Two Bedroom - Maisonette 881 F - 203 Two Bedroom - Maisonette 881 F - 204 Two Bedroom - Maisonette 881 F - 205 Two Bedroom - Maisonette 881 F - 206 Two Bedroom - Maisonette 881 F - 207 Two Bedroom - Maisonette* 881 F - 208 Two Bedroom - Maisonette* 881 F - 209 Two Bedroom - Maisonette* 881 F - 210 Two Bedroom - Maisonette* 881 G - 102 One Bedroom - Flat - End 598 G - 104 One Bedroom 598 G - 105 Studio 455 G - 106 Studio 455 G - 107 Studio 455 G - 108 Studio 455 G - 109 One Bedroom 598 G - 111 One Bedroom 598 G - 202 One Bedroom - Loft - End 841 G - 203 One Bedroom - Loft 733 G - 204 One Bedroom - Loft 733 G - 205 Two Bedroom - Maisonette 881 G - 206 Two Bedroom - Maisonette 881 G - 207 Two Bedroom - Maisonette 881 G - 208 Two Bedroom - Maisonette 881 G - 209 Three Bedroom - Maisonette 1097 G - 210 Studio 470 G - 211 Three Bedroom - Maisonette 1097 H - 102 One Bedroom - Flat - End 598 H - 104 One Bedroom 598 H - 105 Studio 455 H - 106 Studio 455 H - 107 Studio 455 H - 108 Studio 455 H - 109 One Bedroom 598 H - 111 One Bedroom 598 H - 202 One Bedroom - Loft - End 841 H - 203 One Bedroom - Loft 733 H - 204 One Bedroom - Loft 733 H - 205 Two Bedroom - Maisonette 881 H - 206 Two Bedroom - Maisonette 881 H - 207 Two Bedroom - Maisonette 881 H - 208 Two Bedroom - Maisonette 881 OODU35 0M H - 209 Three Bedroom - Maisonette 1097 H - 210 Studio 470 H - 211 Three Bedroom - Maisonette 1097 J - 101 One Bedroom 598 J - 103 One Bedroom 598 J - 104 One Bedroom 598 J - 106 One Bedroom 598 J - 201 Two Bedroom - Maisonette 881 J - 202 Two Bedroom - Maisonette 881 J - 203 Two Bedroom - Maisonette 881 J - 204 Two Bedroom - Maisonette 881 J - 205 Two Bedroom - Maisonette 881 J - 206 Two Bedroom - Maisonette 881 K - 102 One Bedroom - Flat - End 598 K - 104 One Bedroom 598 K - 105 Studio 455 K - 106 Studio 455 K - 107 Studio 455 K - 108 Studio 455 K - 109 One Bedroom 598 K - 111 One Bedroom 598 K - 202 One Bedroom - Loft - End 841 K - 203 One Bedroom - Loft 733 K - 204 One Bedroom - Loft 733 K - 205 Two Bedroom - Maisonette 881 K - 206 Two Bedroom - Maisonette 881 K - 207 Two Bedroom - Maisonette 881 K - 208 Two Bedroom - Maisonette 881 K - 209 Three Bedroom - Maisonette 1097 K - 210 Studio 470 K - 211 Three Bedroom - Maisonette 1097 L - 101 One Bedroom 598 L - 103 One Bedroom 598 L - 104 One Bedroom 598 L - 106 One Bedroom 598 L - 201 Two Bedroom - Maisonette 881 L - 202 Two Bedroom - Maisonette 881 L - 203 Three Bedroom - Maisonette 1097 L - 204 Studio 470 L - 205 Three Bedroom - Maisonette 1097 L - 206 Two Bedroom - Maisonette 881 M - 102 One Bedroom - Flat - End 598 M - 104 One Bedroom 598 M - 105 Studio 455 M - 106 Studio 455 M - 107 Studio 455 M - 108 Studio 455 M - 109 One Bedroom 598 M - 111 One Bedroom 598 M - 202 One Bedroom - Loft - End 841 M - 203 One Bedroom - Loft 733 M - 204 One Bedroom - Loft 733 M - 205 Two Bedroom - Maisonette 881 M - 206 Two Bedroom - Maisonette 881 M - 207 Two Bedroom - Maisonette 881 M - 208 Two Bedroom - Maisonette 881 DODU36 cm M - 209 Three Bedroom - Maisonette 1097 M - 210 Studio 470 M - 211 Three Bedroom - Maisonette 1097 N - 101 One Bedroom 598 N - 103 One Bedroom 598 N - 104 One Bedroom 598 N - 106 One Bedroom 598 N - 201 Two Bedroom - Maisonette 881 N - 202 Two Bedroom - Maisonette 881 N - 203 Three Bedroom - Maisonette 1097 N - 204 Studio 470 N - 205 Three Bedroom - Maisonette 1097 N - 206 Two Bedroom - Maisonette 881 R - 101 One Bedroom* 598 R - 103 One Bedroom - Hdcp* 598 R - 104 Studio* 455 R - 105 Studio* 455 R - 106 Studio* 455 R - 201 Two Bedroom - Maisonette* 881 R - 202 Two Bedroom - Maisonette* 881 R - 203 Two Bedroom - Maisonette* 881 R - 204 Studio* 455 R - 205 Studio* 455 S - 101 One Bedroom - Hdcp* 598 S - 103 One Bedroom - Hdcp* 598 S - 104 Studio* 455 S - 105 Studio* 455 S - 106 Studio* 455 S - 201 Two Bedroom - Maisonette* 881 S - 202 Two Bedroom - Maisonette* 881 S - 203 Two Bedroom - Maisonette* 881 S - 204 Studio* 455 S - 205 Studio* 455 Total E,F,G,H J,K,L,M,N,R,S 100 Grand total for all eighteen buildings 175,653 ODUU37 CE 600 Easr Hopkins • Suire 104 • Aspen, Colorado 81611 925-1876 February 4, 1985 Mr. Jim Wilson, Director Aspen/Pitkin Building Department 517 'East Hopkins Avenue, Aspen, Colorado 81611 Re: centennial sales office and Model unit Dear Jim, Per my conversation with you and Alan Richman at the Planning Office, I wish to notify you that Centennial shall open a temporary sales office in Unit A-211 and relocate its model unit from Unit Q-204 to A-205. Both the sales office and model unit are scheduled to open the last week in February or the first week in March. Both units are temporary during.the on -going sales period of the project. As we discussed, I would appreciate the necessary Co,'s being issued through November 1, 1985, and if the saleout occurs sooner we will naturally.terminate the sales office and model unit sooner. If you have any questions, please feel free to give me a call. Thank you for your assistance in this matter and your help with the total project. JC: cck cc: Sam Brown Drake Jacobs Jim Giannelli 00 Uj38 Respectfully, I im. Curtis N.L W1,, "UA A Limited Partnership 1700 Lincoln St. • Suite 4010 • Denver, Colorado 80203 • 832 -3456 August 5, 1986 Mr. Jim Adamski Aspen - Pitkin Housing Authority 0100 Lone Pine Road, Suite 7 Aspen, CO 81611 Dear Jim, Of the twenty -four unsold units at Centennial, fifteen are two bedrooms and nine are lofts. So far we have no brilliant ideas about how to sell the twos, but we do have an ingenious plan for the lofts thab we think would make them significantly more desireable at minimal extra cost. rAdre/ f/1 According to our sales office, we can't sell lofts to single ` people because of the cost, and we can't sell th m�to e._ouplgs because they're too open - -with no walls between rooms and no separation between upstairs and downstairs, they are essentially gigantic studios. Everyone agrees that the lofts are bright, airy, and spacious, but there's simply no way to get any privas.X, and that makes them unattractive to couples and to single people who ever have guests. The proposed solution is to extend the present loft all the way to the front of the building and then build a wall and door near the top of the stairs, thus creating a distinct upsta� and down_stairs and, as a result, two separate spaces within the unit. The first floor would then resemble the first floor of a two- bedroom, losing the present cathedral ceiling. The second floor would consist of a single immense bedroom, along with the present bath at the rear of the unit and a small hallway at the top of the stairs. (One of the front windows would have to be replaced with an egress window for fire escape purposes, while the other would have to be enlarged to meet code with regard to the ratio of window to floor space.) So far, so good. The work can reportedly be done for about $3500 per unit, and the prices might possibly be raised by as ff_ ft�uV-Pr- obably not more than) that amount, thus producing the nicest and by far the largest one - bedroom unit in Aspen. However, by building out the second story we increase the total floor space of the project, and that may or may not be a problem. O0 UJJ9 Mr. Jim Adamski Page Two August 5, 1986 amn The good news is that the Disposition & Development Agreement allows us to build a total of•177,000 square feet, whereas in fact we have built only 175,653, leaving an unused allowance of 1347 square feet, which is more than enough. (Each unit will ajg_14'.5 square feet. 9 x 147.5 = 1327.5) The bad news is that the D &D Agreement divides the allowable area between sales and rentals, and while we have used less than the total allowance overall, we have used the total sales allowance. The present numbers look like this: allowed built balance Sales: 71,000 71,134 ( 134) Rentals: 106,000 104,519 1,481, Totals: 177,000 175,653 1,347 (Incidentally, I think the extra 134 ft on the sales side is simply a mistake in the Agreement. Since unit sizes were known, and since the number of each size was dictated by the County, I feel pretty certain that what we have here is not a case of overbuilding but rather a case of under - allowing, in other words, a failure to add everything up before writing the D &D Agreement, which should have specified 71,134 to begin with.) What we need, consequently, is either another amendment to the Agreement dividing the allowable square footage differently between sales and rentals, although not, I repeat, not increasing the total allowable square footage, or else a general consensus that a change of this small magnitude can be effected within the present D &D Agreement without further amendment. In the case of an amendment, the new numbers would look like this: allowed built balance Sales: 72,462 72,462 0 Rentals: 104,538 104,519 19 Totals: 177,000 1769981 19 Under any circumstances, we would alter only one such unit to begin with - -in order to test the market - -and would not proceed with the other eight until we knew a demand for such units existed. OODU140 OM Mr. Jim Adamski Page Three August 5, 1986 Whatever we do, we need -to move very quickly if we are to get at least a sample "new loft" completed in time for the rush of people who will be looking for housing prior to the opening of the ski season. We have a contractor ready and waiting for instructions to proceed on unit B -202 (221 Free Silver Court), and we would like to be able to proceed at once. Thanks for having a look at this and, I hope, for giving us a quick response. 0OUJ41 Sincerely, csti,� Thomas A. Teal ,-.0 0 cJ 0 0 W co W. CY z %,o 0. OUUU42 - ALPINE CONSTRUCTIOAL CO., INC. 728 East Hopkins �, nue ASPEN, COLORADO 81611 (303) 925 -7007 OU.U.j43 A. - R-.♦ JOB SHEET NO._ CALCULATED BY CHECKED BY - SCALE OF- DATE DATE • ALPINE CONSTRUCTIOV --0., INC. 728 East Hopkins Ave ASPEN, COLORADO 81611 (303) 925 -7007 JOB - - - - - -- SHEET NO.� OF- CALCULATED BY DATE CHECKED BY DATE SCALE 57Q►iz3 �N �I►�Y 1' �►►V►�l / 1 600 East Hopkins . Suite 104 • Aspen, Colorado 81611 • 925 -1876 August 6, 1986 Ms. Cindy Houben Pitkin County Planning Office 130 S. Galena Street Aspen, CO 81611 Re: Centennial Field Changes Dear Cindy, As you requested, this letter is to update you on the field changes which have occurred at Centennial this summer. The changes are listed below and I believe have been discussed with you previously. 1. Relocation of Fire Access Lane In Front of Building H. As discussed with Peter Worth (Aspen Fire Chief), Jim Wilson, and you, the free-standing 20' fire access lane in front of Building H was deleted and the fire access lane was incorporated into the concrete sidewalk servicing the lower equipment room of Building H. This change is shown on the attached drawing and was verbally approved by Peter Worth and Jim Wilson. The change results in the following advantages: it allows for greater landscaping and lawn area in front of Building H; it provides better fire access in that the concrete walkway is routinely cleared of snow as part of getting the snow blower in and out of the equipment room; and it eliminates an unattractive curb -cut on Park Avenue. 2. Additional Landscaping and Berming In Front of Building H. The relocation of the fire lane allowed for additional landscaping lawn and Berming in front of Building H. The landscaping is also shown on the attached drawing. The location of trees were field staked by Jeff Evans and I, and vary slightly from the attached sketch with Jeff's blessings. More trees have been planted than originally approved with extra trees being purchased from the Centennial Tree Fund. cULJ45 Ms. Cindy Houben Pitkin County Planning Office August 6, 1986 Page Two 3. Install Drainage Channels Under Park Avenue and Other Sidewalks. As originally approved and constructed, certain drainage flows from drywell overflow pipes were sheet draining over sidewalks. This created an iceing and maintenance problem on the sidewalks. The problem has been solved by directing the overflow drainge under (vs. over) the impacted sidewalks by installing grated channels in the sidewalks. The channels do not change the drainage flow or locations as originally approved, but only provide for a safer sidewalk. These are the only field changes that have occurred this summer to my knowledge. If other changes occur during completion of the landscaping, I shall discuss the changes with you and follow -up in writing. Feel free to give me a call on any questions. Sincerel �v� 1 (Ji Curtis JC /b cc: Tom Teal U�tl41 it t'l 4 14 UOU04 7 dv ®R I M MAP 0+"4M-j rte, car cm K,&Co cov AqrT 44 64, 31 4,1.6& MAP 0+"4M-j rte, car cm K,&Co cov AqrT 44 64, 31 c000q,�- C. .. y I CURTIS ASSOCIATES October 17, 1986 Mr. Jim Adamski, Director Aspen - Pitkin Housing Authority 0100 Lone Pine Road, Suite 7 Aspen, CO 81611 Re: Enclosing the Loft Space in Centennial Unit B -202, 221 Free Silver Court Dear Jim, After conversations with Cindy Houben, Tom Smith, and Jim Wilson, this letter is to clarify my earlier letter to you of August 18, 1986 (attached). I wish to clarify that only one loft unit shall be enclosed at this time, Unit B -202, 221 Free Silver Court. The concept of enclosing the loft space has been discussed and approved by the' Board of County Commissioners and the Housing Authority and shall be tested on a one unit basis (Unit B -202). I will work with Tom Smith to amend the Development & Disposition Agreement accordignly and also follow -up with you, Tom, and the Planning Office to set forth the procedure to enclose other loft units should the marketing of the trial unit prove successful. Please sign below if this is acceptable to you. As always, thank you for your assistance. Sincere y, Jim Curtis im damski, Director JC /b .c 0000.9 117 South Monarch Street Aspen, Colorado 81611 3031920 -1395 f i CURTIS `ASSOCIATES August 18, 1986 Mr. Jim Adamski, Director Aspen - Pitkin Housing Authority 0100 Lone Pine Road, Suite 7 Aspen, CO 81611 Re: Enclosing the Loft Space in the Centennial 1- Bedroom Loft Units Dear Jim, This letter is to inform Mr. Jim Wilson, Director, Aspen /Pitkin Building Inspector, that the proposal to enclose the loft space in the Centennial 1- bedroom loft units has been discussed and approved by the County Commissioners and the Housing Authority Board. As discussed with you, I will follow -up with Tom Smith and you on any amendments that might be required to the prior Centennial legal documents. Please sign below if this is acceptable to you. As always, thank you for your assistance. JC /b Jim Adamski., Director -aspen /Pitkin Housing Authority Sincerel , CJim Curtis 1\ V v b 171 (� l - - bcJ t L VIA �t �� w+f'i ll7 Snutb 1ylnr�arcb Strcct Asps», Cnlnraclo $lCl l 303/920 -1395 - - -- - He recommended the use of a voluntary constraint program. He stated that he has been working with the air space problem for over one year and has come to the conclusion that there is no one single solution. He felt it could accomplish a lot for a pilot, anywhere in the country, to be able to call in and use the Voluntary Reservation Program. He would know how long the wait, what the weather is like, what the best time to arrive might be, etc. Runge also stated that ABO had reserved a booth at the National Business Aircraft Assoc. convention in Anaheim, California and requested that perhaps County staff and Airport Advisory Board members help man the booth. He said that ABO had paid $1000 for the booth and asked if the County was interested in splitting the cost and sending a staff person. The three Commissioners present agreed to pay $500.00 toward the booth, but a commitment was not made to send a staff person. CENTENNIAL PROJECT UPDATE, JIM CURTIS /JIM ADAMSKI (3:15 p.m.) Jim Adamski introduced discussion to cover the progress at Centennial. Jim Curtis took over presenting the following: 1) Completion of Landscaping - Week of September 8, 1986 2) Rental Units - Of 148 units, there are an average of 5 vacancies. 3) Sale Units - of 92 units, 24 are unsold, 65 have closed and 3 are under contract. Curtis states that the two bedroom units are the hard ones to sell. Curtis will work with the Building Dept.,Housing Office and County Attorney on requests to alter lofts. It was suggested that a test unit be prepared and see if it encourages sales. Blake agreed as long as Development Agreement is adhered to. Curtis invited the Commissioners to a Community Open House at Centennial on September 5, 1986 from 3:30 p.m. - 7:30 p.m. Blake would still like to see employees have the opportunity to purchase a lot and build a home of their own. (PMH Subdivision) . Braudis agreed that a lot of people would like this kind of situation rather than a condo. He felt that the employee condo supply has been taken care of. People who own condos are now looking at Basalt South and Sopris Village which just compounds our traffic problem. Eldert said he would get a presentation put together and address this issue. THERE BEING NO FURTHER BUSINESS, BLAKE MADE A MOTION TO ADJOURN THE MEETING (3:40 P.M.) BRAUDIS SECONDED. ALL ARE IN FAVOR. MOTION CARRIED. Q i JOINT MEETING WITH ASPEN CITY COUNCIL - LIBRARY BOARD PRESENTATION ON LIBRARY EXPANSION - KATHY CHANDLER (4:00 p.m.) City Council members present: Bill Stirling and Tom Isaac County Commissioners present: George Madsen and Bob Braudis Chuck Vidal representing the Library Board of Trustees presented the T,i hrnry Rnnrr3 f -- Thp Rnnrc'11 if-. and advi r t- a�-' W CENTENNIAL -ASPEN A Limited Partnership 1700 Lincoln St. • Suite 4010 * Denver, Colorado 80203 • 832 -3456 August 5, 1986 Mr. Jim Adamski Aspen - Pitkin Housing Authority 0100 Lone Pine Road, Suite 7 Aspen, CO 81611 Dear Jim, Of the twenty -four unsold units at Centennial, fifteen are two bedrooms and nine are lofts. So far we have no brilliant ideas about how to sell the twos, but we do have an ingenious plan for the lofts that we think would make them significantly more desireable at minimal extra cost. According to our sales office, we can't sell lofts to single people because of the cost, and we can't sell them to cQ_y ? because they're too open - -with no walls between rooms and no separation between upstairs and downstairs, they are essentially. gigantic studios. Everyone agrees that the lofts are bright, airy, and spacious, but there's simply no way to get any privacy., and that makes them unattractive to couples and to single oeoe `ple who ever have guests. The proposed solution is to extend the present loft all the way to the front of the building and then build a wall and door near the top of the stairs, thus creating a dis inct upsta�ra and downstairs and, as a result, two separate spaces within the unit. The first floor would then resemble the first floor of a two- bedroom, losing the present cathedral ceiling. The second floor would consist of a sinEle immense bedroom, along with the present bath at the rear of the unit and a small hallway at the top of the stairs. (One of the front windows would have to be replaced with an egress window for fire escape purposes, while the other would have to be enlarged to meet code with regard to the ratio of window to floor space.) So far, so good. The work can reportedly be done for about $3500 per unit, and the prices might possibly be raised by as EU&F:a� robably not more than) that amount, thus producing the nicest and by far the largest one - bedroom unit in Aspen. However, by building out the second story we increase the total floor space of the project, and that may or may not be a problem. 0UU05 -2 Mr. Jim Adamski Page Two August 5, 1986 The good news is that the Disposition & Development Agreement allows us to build a total of•177,000 square feet, whereas in fact we have built only 175,653, leaving an unused allowance of 1347 square feet, which is more than enough. (Each unit will add 147.5 square feet. 9 x 147.5 = 1327.5) The bad news is that the D &D Agreement divides the allowable area between sales and rentals, and while we have used less than the total allowance overall, we have used the total sales allowance. The present numbers look like this: allowed built balance Sales: 71,000 71,134 ( 134) Rentals: 106,000 104,519 1,481 Totals: 177,000 175,653 1,347 (Incidentally, I think the extra 134 ft on the sales side is simply a mistake in the Agreement. Since unit sizes were known, and since the number of each size was dictated by the County, I feel pretty certain that what we have here is not a case of overbuilding but rather a case of under - allowing, in other words, a failure to add everything up before writing the D &D Agreement, which should have specified 71,134 to begin with.) What we need, consequently, is either another amendment to the Agreement dividing the allowable square footage differently between sales and rentals, although not, I repeat, not increasing the total allowable square footage, or else a general consensus that a change of this small magnitude can be effected within the present D &D Agreement without further amendment. In the case of an amendment, the new numbers would look like this: allowed built balance Sales: 72,462 72,462 0 Rentals: 104,538 104,519 19 Totals: 177,000 176,981 19 Under any circumstances, we would alter only one such unit to begin with - -in order to test the market - -and would not proceed with the other eight until we knew a demand for such units existed. uUu jr- 3 Mr. Jim Adamski Page Three August 5, 1986 Whatever we do, we need -to move very quickly if we are to get at least a sample "new loft" completed in time for the rush of people who will be looking for housing prior to the opening of the ski season. We have a contractor ready and waiting for instructions to proceed on unit B -202 (221 Free Silver Court), and we would like to be able to proceed at once. Thanks for having a look at this and, I hope, for giving us a quick response. Sincerely, Thomas A. Teal UUUU54 r tz. O J o OIr- Q • LU W N 7 `O O • v 000055 J 7 ALPINE CONSTRUCTIC CO., INC. 728 East Hopkins Avenue ASPEN, COLORADO 81611 (303) 925 -7007 JOB - - - SHEET NO. CALCULATED BY CHECKED BY- SCALE OF- DATE DATE ALPINE CONSTRUCTIO ^00., INC. 728 East Hopkins Avcnue ASPEN, COLORADO 81611 (303) 925 -7007 UUU057 JOB - - -. SHEET NO. CALCULATED BY CHECKED BY- SCALE. OF- DATE DATE CUMIS A August 18, 1986 Mr. Jim Adamski, Director Aspen - Pitkin Housing Authority 0100 Lone Pine Road, Suite 7 Aspen, CO 81611 i Re: Enclosing the Loft Space in the Centennial 1- Bedroom Loft Units Dear Jim, This letter is to inform Mr. Jim Wilson, Director, Aspen /Pitkin Building Inspector, that the proposal to enclose the loft space in the Centennial 1- bedroom loft units has been discussed and approved by the County Commissioners and the Housing Authority Board. As discussed with you, I will follow -up with Tom Smith and you on any amendments that might be required to the prior Centennial' legal documents. Please sign below if this is acceptable to you. As always, thank you for your assistance. S ncerel , JLm Curtis JC /b s J,im Adamski, Director Aspen /Pitkin Housing Authority 117 South Monarch Street Aspen, Colorado 81611 303/920.1395 61 UUJ58 -14J ft Feet Main street BUILDING PERMIT APPLICATION AOPW% Gobredo 81611 303/905 -8973 r.a ABPEN *PITKIN General Construction RE®IONAL E3UILoirQG DEPARTMENT Permit - Jurisdiction of Isi v� _ NO. _ Applicant to complete numbered spaces only. JOB ADDRESS ` `veA (B\ 9' LA n tt ° 2C7-1- LEGAL LOT NO, BI_OC.K TRACT OR SUBDIVISION 2. DESCR. (U SEE ATTACHED SHEET) OWNER � �� _\ l�Jy y-` MAIL ADDRESS 3. l (J1, ONTggC -TOR \\ Q f � � n`G "\, ^ -7 {M�AI[L�AO 55 rLV\ �.� `- ` J�.�IJ � `l`J C._ . � � j PHONE ARCHITECT OR DESIGNER MAIL Anp RE55 a — PHONE ' F "NGIN EEF Rr'S5 AEID L MAI 6. PHONE l r g Class of work ❑ NEW 9. Charge of use from N { All D ADDITION ALTERATION --I REPAIR n MOVE ❑ WRECK Change of use to !' A PLAN CHECK(F�EE O,Valustlon of work: $ 380o Type c ConstruCtlon 1. REMARKS: - Site of Bu.ld_q, (Total Sduare Ft.) / ---- --'- -- --- _ NO OFBEDROC r ' \ EXISTING No. ql Dwellin0 Units V .1 Approvals A N NG `PLI -AT IO CC Eo7ED PLANS CH KED APPROVED FOR ISSUANCE -- - -_ - -^ HEALTH DEPT, L�7 BY BY SOIL REPORT TE . DATE PARK DEDICATION DATE- WATFR TAP NOTICE PARATE PERMITS ARE REOUIIRED FOR ELECTRICAL, PLUMBING, EATING, VENTILATING OR AIR CONDITIONING. ENG DEPT, HIS PERMIT BECOMES NULL AND VOID OTHER (SPECIFY) IF WORK OR CONSTRUCTION UTHORIZED IS NOT COMMENCED WITHIN 120 DAYS, OR IF CONSTRUC. ON OR WORK IS SUSPENDED OR ABANDONED FOP, A PERIOD OF 120 qYS AT ANY TIME AFTER WORK IS COMMENCED. HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION 4D KNOW THE SAME TO BE TRUE _ AND CORRECT. ALL PROVISIONS OF LAWS iD ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH ,ETHER SPECIFIED HEREIN OR NOT PERM FEE nCCUPanCy Group PHONE LICENSE NO. t3�4 LICENSE NO. LICENSE NO Lot Area TOTAL FEE No, of Stories May. OCC. Load MS use zone e Flre Sprinklers ReRwretl ADDED ❑ Yet ❑ No OFFSTREET PARKING SPACES: Covered uncoveretl REQUIRED AUTHORIZED BY DATE �_IC <v -VAI J-'i c . THE GRANTING OF A PERMIT DOES NOT THIS FORM IS A PERMIT ONLY WHEN VALIDATED ESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF IV OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PER- CE WORK STARTED W/THOUT PERMIT WILL BE DOU$�,E SEE L1NATU CEO CONSTRUCTION. - E OF LC'ONTRAC CONTRACTOR AUTHORIZED AGENT Q I 0 U U v J 9 (DATE) i NATURE OF OWNER IIF OWNER BUILDE RI VALIDATION PERMIT VALIDATION CK. C3 M O. ❑ CASH ❑ PLAN CHECK VALIDATION CK.'VS M,O, ❑ CASH O WHITE -INSPECTOR'S COPY YELLOW - ASSESSOR'S COPY PINK -- BUILDING DEPARTMENT FILE GOLD - CUSTOMER'S COPY 0 ALPINE CONSTRUCTIC— CO., INC. 728 East Hopkins Avenue ASPEN, COLORADO 81611 (303) 925 -7007 A. - t♦ Tw -1 JOB SHEET NO CALCULATED BY CHECKED BY- SCALE OF- DATE DATE QCOTewN %&- -- I'sK't-1 C3 0 V A-, 0 E�ti�'C 1 tJ � �t -� l�D 0 (� � L A -t�l►. cclA \ems ' ALPINE CONSTRUCTIC O., INC. 728 East Hopkins Aownue ASPEN, COLORADO 81611 (303) 925.7007 ls CRVA mss• STAIRS �1 s�F IZ�10�� N� �6R�SS �StENq w ►N�uos C 4t SHEET NO. CALCULATED BY CHECKED BY— SCALE U u lJ 1ZtND �o X02 ���1, `n 110 11 OF— DATE DATE Ma.iy ® 4'o� V' a W 0 eeh 7\Vl-Afl, Z, � I CURTIS wAssocIATES August 18, 1986 Mr. Jim Adamski, Director Aspen - Pitkin Housing Authority 0100 Lone Pine Road, Suite 7 Aspen, CO 81611 Re: Enclosing the Loft Space in the Centennial 1- Bedroom Loft Units Dear Jim, This letter is to inform Mr. Jim Wilson, Director, Aspen /Pitkin Building Inspector, that the proposal to enclose the loft space in the Centennial 1- bedroom loft units has been discussed and approved by the County Commissioners and the Housing Authority Board. As discussed with you, I will follow -up with Tom Smith and you on any amendments that might be required to the prior Centennial legal documents. Please sign below if this is acceptable to you. As always, thank you for your assistance. Sincerel , . V '�J m Curtis M � htn' � JC /b J, m Adams ,' Me r -Aspen /Pitkin Housing Authority 0uu' j02 117 South Monarch Street Aspen, Colorado 81611 303/920 -1395 b's f m . 1 4 !987 CURTIS `A SSOCIATES July 13, 1987 Ms. Cindy Houben Aspen /Pitkin Planning Office 130 So. Galena Street Aspen, CO 81611 Re: Application to Enclose Loft Space in Centennial 1- Bedroom Loft Unit Dear Cindy, This is to inform you the purchase contract for the unsold 1- bedroom loft unit (A -204) has been withdrawn as of Friday, 7/10/87. However, I would still like to proceed with the approval to enclose the loft space in A -204 or 1 additional loft unit as selected by the developers, Centennial Partners, Ltd. I feel this request is consistent with our prior request and remains an insubstantial change to the Centennial PUD. At the P &Z meeting scheduled for 7/21/87, I will be prepared to update everyone on the sales and rental status of Centennial. As always, thank you for your assistance. Respect f ly, Ji Curtis JC /b ouujo3 117 South Monarch Street Aspen, Colorado 81611 303/920 -1395 OOUJ64 V I Off ,r ,,, .nun 4 Trd ntia uion Cudr 7 Fvf orcr nuanl Cud,• COMMITMENT: ' Da,.. a, „„• H,.,,,,rtrd L. "t" ty 8 Fnd,,,,rn,rnt Ct—ge ,� 3 Carr Nunrt,ri ti Charyr 9 Intat Hrvrn un 10 State Cndr 11 ( Hint, Cod" 12 P, y t, pn der° 13 4 5– — 6 7 9 t� 1 0 0 0 _ P Ld"ers Title Insurance Corporation National Headquarters Richmond, Virginia COMMITMENT FOR TITLE INSURANCE SCHEDULE A 13 S„un., of B­ -- 14 Cnnun"v. „n Hr1ry,lpnn _ 10 12 14 11 r13 I 1 Effective Date June 18, 1987 at 8:00 A.M. 2 Policy or policies to be issued (a) ® ALTA Owner's Policy —Form B-1970 (Rev. 10- 17 -70& Rev. 10- 17 -84) O ALTA Residential Title Insurance Policy -1979 Proposed insured: TO BE DETE1;1YB2ED (b) ALTA Loan Policy, 1970 (Rev. 10 -17 -70 & Rev. 10- 17 -84) Proposed insured: (c) Proposed insured Case No._ 7- 836 -87 Amount $ TRTD Amount $ Amount $ 3 Title to the fee simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: MME ZUAL ASPEN, A LlMlTED PARTNERSHIP 4. The land referred to in this Commitment is described as follows: COIyIDXWW UNIT A-204, CEATTIIUTAL CON)a ff UmS , according to the Condominium Map for Centennial Condominiums recorded in Plat Book 17 at Page 7, First Amended Condominium Map recorded in Plat Book 17 at Page 25, and Second Ataended Condorilinium Map recorded in Plat Book 17 at Page 30, and as defined and described in the Condominium Declaration for Centennial Consominiuns, recorded October 3, 1984 in Book 474 at Page 479, Supplement No. 1 recorded in Book 480 at Page 510, and Supplement No. 2 recorded in Book 482 at Page 455. COUNTY OF PITKIN, STATE OF COLORADO 00UJ0'5 e at ol_orado _ Commitment No. PCT- 836 -87 Schedule A —Page 1 This commitment is invalid unless Authoriz d Officer or Agent the Insuring Provisions and Sched- Form No. 91 -88 (SCH. AI ules A and B are attached. 035 -1. 088 -0001 /4 fNOFnIrtr n c M Lawyers Title Insurance Corporation Notional Htisa lnuwtorn Richmond, Virginia SCHEDULE B-- Section 1 Requirements The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit (1) Partial release, releasing the subject property from the lien of , Deed of Trust from : CENTENNIAL ASPEN, A LIMITED PARTNERSHIP to the Public Trustee of the County of Pitkin for the use of CITICORP REAL ESTATE, INC., A DELAWARE CORPORATION to secure $6,300,000.00 dated August 14, 1984 recorded August 14, 1984 in Book 471 at Page 422. (2) Deed from CENTENNIAL ASPEN, A LDMED PARTNERSHIP to TBD 0ULU�i6 This commitment is invalid unless tho Insuring Provisions and Sched- Schedule B- Section 1 -Page 1 - Commitment No Liles A and B are attached. Form No 91- 88(6 -1) 035 -1 -088- 0001.'4 _ hujyft Title Insurance Corpora t ion NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE B— Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, im- posed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public ecords or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 7. Right of way for construction and maintence of pipes, mains, ditches, flumes, dams and reservoirs as granted to David R. C. Brown by instrument recorded March 18, 1885 in Book 24 at Page 59(Specific Location not defined in instrument) 8. Right of way for water pipes and mains, and for electric transmission pole line as granted to James A. Deverex by instrument recorded January 20, 1887 in Book 29 at Page 582. (Specific Location not defined in instrument) 9. Terms, conditions and obligations as contained in Agreement between Cowenhoven Mining Transportation and Drainage Tunnel Company and: (a). The Bushwacker Mining Company, recorded December 6, 1890 in Book 80 at Page 422. (b). The Della S. Mining Company, recorded February 2, 1891 in Book 80 at Page 580. (c). The Arkansaw Consolidated Mining Company, recorded April 20, 1891 in Book 92 at Page 66. (d). The Pontiac Alining Company, recorded March 29, 1892 in Book 114 at Page 1. 10. Reservations and exceptions contained in Mining Patents recorded July 19, 1893 in Book 39 at Page 123; October 26, 1895 in Book 136 at Page 49; September 10, 1897 in Book 136 at Page 149 and December 14, 1900 in Book 39 at Page 136. 11. Reservation of right of the proprietor of a vein or lode to extract and remove his ore, reserved in United States Patent recorded December 24, 1902 in Book 55 at Page 116. 12. Reservations of (1) that the premises hereby granted, with the exception of the surface, may be entered by the proprietor of any other vein, lode or ledge, the top or apex of which lies Exceptions numbered ALONE are hereby omitted. The Owner's Policy to be issued, if any, shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B— Section 1, Item (b). (2) Unpotented mining claims; reservations or exceptions in patents or in Acts authorizing issuance thereof; water rights, claims or title to water. (3) Any and all unpaid taxes, assessments and unredeemed tax sales. 0 V U U 0? Schedule B— Section 2 —Page 1 —No. Form 91-88 B2 Rocky Mt 035 -1- 088 -0504 Lawyers 11de Insurance Corporation NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE B-2 cont'd. 12. ...continued outside the boundary of said granted premises should the same in its dip be found to penetrate, intersect or extend into said premises, for the purpose of extracting and removing the ore from such other vein, lode or ledge, (2) the premises hereby granted shall be held subject to any vested and accrued water rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local laws, customs and decisions of courts, (3) that in the absence of necessary legislation by Congress, the Legislature of Colorado may provide rules working the mining claim or premises hereby granted, involving easements, drainage and other necessary meens to its complete development, in United States Patents recorded May 20, 1949 in Book 175*at Page 168 and May 20, 1949 in Book 175 at Page 171. 13. Reservation of : right of way for ditches or canals constructed by the authority of the United States, in United States Patent recorded August 29, 1958 in Book 158 at Page 69. 14. Terms, conditions, provisions and obligations as set forth in Easement Agreement between Della S. Consolidated Mines Company, James Markalunas, Ramona Markalunas and Donald T. Randal, recorded May 18, 1964 in Book 207 at Page 109. 15. Terms, conditions, provisions and obligations as set forth in Grant of Easement and Agreement between Top of Aspen, Inc., Mitchell Development of the Southwest and Cecil Lewitz, recorded October 22, 1978 in Book 356 at Page 952. 16. Terms, conditions, provisions and obligations as set forth in the Easement Agreement between Top of Aspen, Inc., and Trico International, Inc., recorded January 9,1979 in Book 361 at Page 306. 17. Terms, conditions, provisions and obligations as contained in Resolutions of the Board of County Conudssioners as Resolution No. 83 -20, recorded March 22, 1983 in Book 442 at Page 320; Resolution No. 84 -5, recorded February 3, 1984 in Book 460 at Page 414; Resolution No. 84 -11, recorded February 13, 1984 in Book 460 at Page 857; Resolution No. 84 -10, recorded February 22, 1984 in Book 461 at Page 437; Resolution No. 84 -32, recorded April 26, 1984 in Book 465 at Page 348; Resolution No. 85 -25, recorded April 1, 1985 in Book 483 at Page 692. 18. Terms, conditions, provisions and obligations as set forth in subordination of Mineral Rights, recorded November 11, 1983 in Book 455 at Page 199. 19. Terms, conditions, provisions, and obligations as set forth in Improvements Agreement recorded February 13, 1984 in Book 460 at Page 862. 20. Terms, conditions, provisions and obligations as set forth in Ordinance No. OP. 710, recorded April 3, 1984 in Book 464 at Page 25. 21. Easements and rights of way as sham on the recorded Plat of Centennial Condominium, recorded April 1, 1985 in Plat Book 17 at Page 7, Plat Book 17 at Page 25 and Plat Book 17 at Page 30. 22. Those covenants, conditions, terms, obligations, easements and restrictions which are a burden to Centennial Condominiums, as provided for in the Declaration recorded October 3, 1984 in Book 474 at Page 479, and the Supplemental Declaration No. 1 recorded January 25, 1985 in Book 480 at Page 510, and the Supplemental Declaration No. 2 recorded March 7, 1985 in Book 482 at Page � 4 Nuib 55. Schedule B -2 Page 2 No. a, el UUU09 Lawyers Title Insurance Corporation NATIONAL HEAD4UARTERS RICHMOND, VIRGINIA SCHEDULE B'2 cont'd. 23. Easements as granted to Holy Cross Electric Association for Electric Transmission and Distribution lines and other rights as granted in said Easements, recorded February 8, 1985 in Book 481 at Page 205, and February 8, 1985 in Book 481 at Page 216. 24. Terms, conditions, provisions and obligations as contained in Land Use Restrictions Agreement, recorded December 28, 1984 in Book 479 at Page 80. 25. Easements as granted to Holy Cross Electric Association for underground easements as granted in said easement recorded March 3, 1986 in Book 506 at Page 506. Schedule— B-2 _ Page _2 No. 035 -1- 999 - 0040/2 :., 1 c n Lauyyb � Title Insurance Corpc 11 t ion National Headquarters Richmond, Virginia COMMITMENT FOR TITLE INSURANCE LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." CONDITIONS AND STIPULATIONS 1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. L uryers Tide (nsu a 7 Cgrporation �W11- President Attest: Secretary. CURTIS ASSOCIATES 0 June 11, 1987[ Ms. Cindy Houben Aspen /Pitkin Planning Office 130 So. Galena Street Aspen, CO 81611 Re: Application to Enclose Loft Space in Centennial 1- Bedroom Loft Unit Dear Cindy, Pursuant to our conversation, herein submitted is a request to enclose the loft space in the unsold 1- bedroom loft unit (A -204) at Centennial which is presently under contract to an employee. The contract is contingent upon approval to enclose the loft space. This application is requested as an insubstantial change to the Centennial PUD. The enclosed loft space will be identical to the previously approved and enclosed loft space for unit B -202 done last fall and which has since sold. The enclosed loft space will add approximately 148 square feet to the unit. The enclosed loft space significantly increases the privacy of the unit by separating the upstairs and downstairs spaces. The application is requested as an insubstantial change because enclosing the loft space will not ge erate new or additional impacts from the project. Enclosing the loft space does not create a de facto second bedroom because of the awkwardness of the layout and the circulation layout of the upstairs bathroom. The space is basically usable as a small study or limited guest room. As you know, this concept has been discusssed with and is supported by the Centennial Owners' Association per their letter of March 2, 1987. I will give you a follow -up call to clarify any questions and supply any additional information you may need. As always, thank you for your assistance. S' ncerely,,, Ji`gn Curtis UUUJ71 117 South Monarch Street Aspen, Colorado 81611 303/920 -1395 County 00113 -63711 - 47431 -63712 -47432 - 63713 -47433 -63714 -47441 -63715 -47442 -63716 -47443 - 63717 - 47450 -63718 -47460 REFERRAL FEES: 00125 -63730 -47480 00123 -63730 -47480 00113 -63731 - 47480 00113 -63732 -47480 GMP /GENERAL GMP /DETAILED GMP /FINAL SUB /GENERAL SUB /DETAILED SUB /FINAL ALL 2 -STEP APPLICATIONS ALL 1 -STEP APPLICATIONS/ CONSENT AGENDA ITEMS ENVIRONMENTAL HEALTH HOUSING ENVIRONMENTAL COORD. ENGINEERING SUB -TOTAL PLANNING OFFICE SALES ASPEN /PITKIN PLANNING OFFICE COUNTY CODE -63062 -09000 COMP. PLAN 130 South Galena Street 81611 COPY FEES - 63069 -09000 OTHER Aspen, Colorado (303) 925 -2020 LAND USE APPLICATION FEES ; City 00113 -63721 -47331 GMP /CONCEPTUAL -63722 - 47332 GMP /PRELIMINARY 1 IIIII -63723 -47333 GMP /FINAL -63724 -47341 SUB /CONCEPTUAL -63725 -47342 SUB /PRELIMINARY -63726 -47343 SUB /FINAL -63727 -47350 ALL 2 -STEP APPLICATIONS 63728 47360 APPLICATIONS/ CONSENT AGENDA IT MS REFERRAL FEES: 00125 -63730 - 47380 ENVIRONMENTAL HEALTH 00123 -63730 -47380 HOUSING 00115 -63730 -47380 ENGINEERING SUB -TOTAL County 00113 -63711 - 47431 -63712 -47432 - 63713 -47433 -63714 -47441 -63715 -47442 -63716 -47443 - 63717 - 47450 -63718 -47460 REFERRAL FEES: 00125 -63730 -47480 00123 -63730 -47480 00113 -63731 - 47480 00113 -63732 -47480 GMP /GENERAL GMP /DETAILED GMP /FINAL SUB /GENERAL SUB /DETAILED SUB /FINAL ALL 2 -STEP APPLICATIONS ALL 1 -STEP APPLICATIONS/ CONSENT AGENDA ITEMS ENVIRONMENTAL HEALTH HOUSING ENVIRONMENTAL COORD. ENGINEERING SUB -TOTAL PLANNING OFFICE SALES 00113 -63061 -09000 COUNTY CODE -63062 -09000 COMP. PLAN -63066 -09000 COPY FEES - 63069 -09000 OTHER 3� GO TOTAL SUB - JJ { Ji2 � TOTAL � ._ t i� �� Phone: Name: -,I I Q 11 J S ii 0 t1 n r r Project: Address: — gar 'I S P r� E21J� .'a- F -EF�" L- q Date: Check # 3 # of Hours. Additional Billing: or