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HomeMy WebLinkAboutcoa.lu.pu.Aspen Highlands.A05601IAV �Varv' Highlands PUD Amendment,� c"' JL ��8 Deed Rest rictions ... A056-01 Building I. U COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street 11" Aspen, Colorado 8161 1 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1 163 City Engineer _ 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1165 Remo Fee 1302 GIS Maps 1303 G1S Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1 164 School District Land Ded. TOTAL NAME: - ADDRESS/ PROJECT: PHONE: CHECK# (r-!jk CASE/PERMIT#: # OF COPIES: DATE: INITIAL: CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A056-01 Highlands PUD Amendment Highlands Village, Building #8 Steve Clay/James Lindt PUD Amendment Hines Highlands Glenn Horn App. Withdrawn 8/24/01 J. Lindt PARCEL ID:5/29/01 # COQIE CASE NAME: Highlands PUD Amendment PROJ ADDR: Highlands Village, Building #8 PIPUD Amendment OWN/APP: Hines Highlands ADR' PO Box 5115 CIS/Z: Aspen/( REP: Glenn Horn ADRJ 215 S. Monarch. ste 1 C/S/Z: Aspen/( FEES DUE: 500 D 345 H FEES RCVD 845 ,,:REFERRALS MTG DATE —11311 REMARK CLOSED: PLAT SU T (BK,PG c5 " DATE OF FINAL ACTION: CITY COUNCIL: PZ: BOA: DRAC:._ W � 71 �—C> L cco C� r DavisMornll.nc- PLANNING & REAL ESTATE CONSULTING May 22, 2001 James Lindt City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Highlands Village Planned Unit Development: Insubstantial PUD Amendment to Change the Deed Restriction of Two Three Bedroom Category 3 Dwelling Units Located in Building # 8 Dear James: Davis Horn Incorporated represents Hines Highlands Limited Partnership (applicant) in this request for an Insubstantial Amendment to the Aspen Highlands Village Planned Unit Development (AHV PUD) . The applicant is seeking an insubstantial PUD amendment to change two three bedroom affordable housing units located in Building # 8 from category 3 sale units to category 3 rental units. Attachment 1 depicts the AHV PUD Final Plat. Building # 8 is located in Block D. Attachment 2 depicts the location of Building # 8 within Block D. Building # 8 contains tourist accommodations units and seven Category 3 3BR sale units which were conveyed to the Ritz Carlton Development Company Inc. (hereinafter Ritz Carlton) as part of the acquisition of Building # 8. Ritz Carlton is in the process of selling five of the affordable housing units to qualified buyers selected by the Aspen/Pitkin County Housing Authority (hereinafter Housing Authority). The initial purchasers of the remaining two affordable housing units may be selected by Ritz Carlton. This land use application explains the background regarding the affordable housing units approval process and demonstrates compliance with the Aspen Land Use Regulations. BACKGROUND Board of County Commissioners Resolution 97-167 granted Aspen Highlands Village Detailed Submission approval. The Resolution establishes that the September 1997 Aspen Highlands Village: Detailed Submission Consolidated Plan (hereinafter the Plan) constitutes the Site Specific Development Plan for the ALICE DAVIS, AICP $ GLENN HORN, AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 James Lindt May 22, 2001 Page 2 "Hines, AHV and Aspen Skiing Company reserve the right to sell four of the dwelling units in the Thunderbowl and Maroon Neighborhoods, four three bedroom units located in the Village core and two of the one bedroom units to qualified Hines, AHV or ASC employees. The first time the units are sold they will be offered to qualified Hines, AHV or ASC employees. Upon the subsequent sales, the units will be first offered to qualified Hines, AHV or ASC employees and then any qualified employee (emphasis added)." Two of the "discretionary" three bedroom units are located in Building # 8. Attachment 4 is the Occupancy and Rental/Resale Deed Restriction and Agreement for Apsen Highlands Village Affordable Housing (Agreement). Page 12 of the Agreement indicates that the initial sale of Units # 8120 and # 8121 are to be chosen by Ritz Carlton. Land Use Approval The applicant is seeking an insubstantial PUD amendment to change Units # 8120 and # 8121 to rental units. First priority for the rental units will be for qualified AHV employees. A term of six months will be the minimum lease. If the units are not rented to qualified AHV employees they will be offered to any qualified employee. The insubstantial PUD amendment may be approved pursuant to Ordinance 8, series of 2000, Section 4 or Section 26.445.100 A. Our review of Ordinance 8, series of 2000 indicates the request is in compliance with all of the standards listed below with the exception of Standard a. The amendment is not a clarification or technical correction to the plat. However, the amendment is in compliance with the standards in Section 26.445.100 which appear also below. Ordinance 8 Series of 2000 Section 4. a. The amendment must be a clarification or a technical correction to the plat. b. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodations uses. C. The amendment must be consistent with action taken during the review of the original development and does not constitute new land development activity. i James Lindt May 22, 2001 Page 3 d.i. The proposed activity does not change the basic character of the approved use land on which the activity occurs including the basic visual appearance and method of operation. d.ii. The proposed activity does not increase off -site impacts in the surrounding neighborhood. d.iii. The proposed activity does not endanger public health, safety or welfare. d.iv. The proposed activity does not substantially increase the need for on -site parking or utilities, or affect affordable housing generation. d.v. The proposed activity does not increase the floor area of the use by more than two (2 ) percent or decrease open space on the site by more than three (3) percent. Section 26.445.100 The following shall not be considered an insubstantial amendment: A.l. A change in use or character of the development. A.2. An increase by greater than three (3) percent in the overall coverage of structures on the land. A.3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. A.4. A reduction by greater than three (3) percent of the approved open space. A.5. A reduction by greater than one (1) percent of the off-street parking and loading space. A.6. A reduction in required pavement widths or rights -of -way for streets and easements. A.7. An increase of greater than two (2) percent in the approved gross leasable floor area of a commercial building. A.8. An increase by greater than one (1) percent in the approved residential density of the development. A.9. Any change which is inconsistent with a condition or James Lindt May 22, 2001 Page 4 representation of the project's original approval or which requires granting a further variation from the projects approved or dimensional requirements. Summary This letter requests an insubstantial change to the AHV PUD to change two affordable housing units in building # 8 from sale to rental units. The background associated with the approval of the affordable housing units in AHV PUD is summarized. It has been demonstrated that the request is in compliance with Section 26.445.100 A, PUD Insubstantial Amendments. The following attachments are included to assist you in this land use review. 1. Aspen Highlands Village Planned Unit Development Final Plat page 4/10. 2. Aspen Highlands Village Planned Unit Development Detailed Submission Consolidated Plan: Drawing L-202. 3. Aspen Highlands Village Planned Unit Development Detailed Submission Consolidated Plan pages 6-9. 4. Occupancy and Rental/Resale Deed Restriction and Agreement for Apsen Highlands Village Affordable Housing. 5. Letter from Matt Stokes of Hines Authorizing Davis Horn Incorporated to Submit Land Use Application. 6. Fee Agreement. 7. Pre -application Summary Sheet. Thank you for your assistance with this land use request. Please call me if I can provide any additional information. Sincerely, DA ORN NCORPORATED GL HORN A CP AHV.A81 ti a O J 4 L56 _ C1/I 5- 1I. Ties, pbr pw. bar f C, \ / 1 M7 O / ey, W2'16'J9Y I V d b. \ eG� I to 00 #j Cf M o At 0 CS 1/pe s . 14. vaF.., ,tear. h6. At—d— C p L& J0155 A1Lb'15'JY'W 171.11' —a- _b � �yn� •f cOOop �•�yyf ^ ppopqq �^gopuqb •-�.Otl�� ece hbb •?h�htl�. Cpif b'� � bnop � h'S �ppqNp� h�hA� i�i0� pOp����{{g0yy0y�0y'y{f{ f �"5b�•1 ryhry^bbg0 V Cin hA� ' 2 V1`N-�^�yy~I�{,ibNgqO���{{pnp���vVv���'1�4hM1���((QattO����bpp��bQOeh ��ba�yaaaa�a4� �6vl �'~♦ bhnnNi �O��ah4b� V b irbj�}�� {'1bry M�n�On " aZ" bl 1�fRA � �.^i J� Tbh 940^ '; gz1t1�N _1 'v^f1 /ko 6 L✓e • 1 \ ..� \ al st �-)�b V %A e Njq .� a�Ao7 pa — — —31rl..lav WaaJ') UOOJow a$ 1' m Ci v� 6� N Cl \ VO � � .hie : •' n '` '^" " . b y IV - - - - - - - b - - - - Ltl- - - M'21 ISA V 4' N� h� O � y u v� 319 0661 10 bE 91 21 110 ON 6•p rCl-ve,pyrgwsE•n L :4�x. 61 �I 10 ;i. ...1 ;.,, I,.I I• i cy CN Im Q 121 ----------- i� ,' I 1� I � `�� \ \�: \ •• t i, ij .��r Lrr I I i rr.�r�=rt - ` ;' Jr 1 i r r ��� // � �` �\\�\���. �- _'i �- _ ...1_.._1,`• r rr_C�_ I 3 f0'i`r rrrr./� o - i , � ;:,:• ,:\, ,_;; it -I � :�I -%� 1 \ ty A l 1 1 T\ I r---- --- - -- - -- NX • 1 'I I t I b.4 em �\ 1 01 01 a ICd > mIn t , I , ,\ r11111�1111 � .1, 40 rri I ♦?' \ \ fj i I'', . 1 `. 1. 1 I ♦ � ,,� .'.� i i, I 0 (-A- u l S�-4 v( 1 ATTACHME 71 Final Draft ASPEN HIGHLANDS VILLAGE: DETAILED SUBMISSION CONSOLIDATED PLAN Prepared for HINES 426 E. Main Aspen, Colorado (970) 920-1801 Prepared by Davis Hom Incorporated 215 S. Monarch Avenue Aspen, CO 81611 (970) 925-6587 September, 1997 ATTACHMENT market townhouses are located within the Village Core, while the 21 affordable housing units depicted on 1201 and L203 are located within the Thunderbowl and Maroon neighborhoods. Two additional affordable housing units in the Maroon neighborhood are depicted on L-204. Buildings in the Village Coro are depicted in seven sets of architectural drawings. Individual buildings in the Village Core are numbered 2-8 (see drawing A005). Each set of building drawings includes a key showing a conceptual building footprint, roof plans and building elevations. The drawings for building 2 include floor plans for floors 1 and 2 (A2-201 & A2-202) to represent the grade change on the first floor of the building. These uses are shown for , eference only and are subject to change. Plans for the Village Core are highlighted in the following sections: • Affordable Housing; • Commercial Space; • Service Area Plan; • Floor Area; • Building Height; and • Off -Street Parking Plan. Affordable Housing There are a total of 111 deed restricted affordable housing units in Aspen Highlands Village. Twenty- three affordable dwelling units are located in the Thunderbowl and Maroon Neighborhoods (refer to L-201, L-203 and L-204). Twenty-two of the dwelling units are four bedroom units and one is a three bedroom unit. Fifteen of these family units will be located in the Thunderbowl Neighborhood 3 C1iMEi�1T _ and eight in the Maroon Neighborhood. The remaining 88 affordable dwelling units are located in the Village Core distributed among the buildings as listed in Table 2. TABLE 2 ASPEN HIGHLANDS VILLAGE DETAILED SUBMISSION CONSOLIDATED PLAN: MULTI -FAMILY AFFORDABLE HOUSING UNITS* Building #"" Category Unit Type*** # of Units 2 3 2 bedroom 1 3 3 3 bedroom 13 4 1 Dorm 20 3 2 bedroom 3 3 1 bedroom 3 1 1 bedroom 4 5 3 3 bedroom 8 1 1 bedroom 4 2 1 bedroom 8 1 Dorm 17 8 3 3 bedroom 7 Total NA NA 88 • There are 22 four bedroom and one three bedroom affordable housing emits located in the Thunderbowi and Maroon Neighborhoods which are not listed in this table. There are a total of 111 affordable dwelling units in the Village. •' Refer to drawing A-005 for to see building locations. ••' All units arc sale units with the exception of the dorms, four 2 bedroom. units, and three 1 bedroom rental units. Source: Davis Horn Incorporated and Robert A.lvi. Stern Architects, September 1997 Table 3 shows that 267.25 people will be housed in deed restricted affordable housing units in Aspen Highlands Village. This exceeds the total Aspen Highlands Village housing requirement of 254.1 by 13.15 people. The applicant and County have agreed that 75 percent of the (.75 x 13.15 = 9.9 people) 13.15 people in excess of the 254.1 housing requirement may be used as a credit to offset future housing exactions and/or short -falls which may result from employee audits. Detailed calculations and unit allocations are contained in the Affordable Housing Exactions section of this document. 7 ATTACHMENT There may be minor variations in the mix of affordable housing units. As noted in Table 2, all twits in the Village are sale units with the exception of the dorms, four 2 bedroom units, and three 1 bedroom tutus. As the project developer, Hines, AHV and the Aspen Skiing Company reserve the right to lease all seven rental units to qualified Hines or Aspen Skiing Company employees as a top priority provided that those employees meet price, income and occupancy guidelines. If qualified Hines, AHV or ASC employees cannot be placed in the rental units they will be offered to other qualified employees. Upon the next rental, Hines, AHV and ASC employees will be given top rental priorities. Hums, AHV and the Aspen Skiing Company reserve the right to sell four of the dwelling units in the Thunderbowl and Maroon neighborhoods, four three bedroom units located in the Village cone and two of the one bedroom units to qualified Hines, AHV and ASC employees. The first time the units are sold they will be offered to qualified Hines, AHV or ASC employees. Upon the subsequent sales, the units will be first offered to qualified Hines, AHV or ASC employees and then to any qualified employee. First priority for lease of the dorm units will be to Music Associates of Aspen during the summer and Hines, AHV and ASC employees at other times or in the summer if the dorms are not filled by MAA students. TABLE 3 ASPEN HIGHLANDS VILLAGE DETAILED SUBAUSSION CONSOLIDATED PLAN: AFFORDABLE HOUSING PLAN* Average Unit Type Number Household Size Population Dorms** 37 NA 61 Cat. 1 One Bedroom 8 1.75 14 Cat. 2 One Bedroom 8 1.75 14 Cat. 3 One Bedroom 3 1.75 5.25 Cat. 3 Three Bedroom 28 3.0 84 Cat. 3 Two Bedroom 4 2.25 9 Cat. 4 Four Bedroom 22 3.5 77 Cat. 4 Three Bedroom*** 1 3•0 3 T..tat ill NA 267.25 .. All emits are sale units with the exception of the dorms, four 2 bdr. units, and three i oar reniu units. The dam umts will be occupied by Music Associates of Aspen (MAA) students in the summer with priority given to Hinds. Aspen gWdmnds village or Aspen Skiing Company employees at other times or in the summer if the dorms are not filled by MAA swdmts. Thii lint is located in the l dA= Neighborhood, Source: Davis Horn Incorporated; Scptember, 1997 8 MAY.22.2001 9:03AM HINES ASPEN HIGHLANDS VILLAGE NO. 783 P. 2 ATTACHMENT H ©CCUPAAKY .4AIA OFAMAI IDCCAi C ucco KtS % MX6" i 1 CiTV A/VD AL R&&MEIV i FOR ASPEN l lrGur AA In c I /r/ 1 r r..io eyr .r yy Y i4VI'7VL AhWORDAYI-L- HOUSMI9 ANL) KEN I AL1kt5ALl: 01`1r1) RESTRICTION AND AGREEMENT FOR AZIMN ki-L&HLAND5 VLLLAft AFFORDABLE HOUSING (the "Aareelnent") is made end entered into this ��_ day of Abrrl 2001, by and between Rit7-rnr?ton Development Company, Inc, (the "Declarant"), and the ASPEN/PTTKIN COUNTY HOUSING AUTHORI7y (hereinafter referred to as "APCHA"), a duly constituted multi -jurisdictional Housing Authority estoblished pursuant to the SECONbi;D AMENDED AND RESTATED INTERGOVERNMENTAL A6REUENTby and between the City of Aspen, Colorado (the -City") and Pitkin County, Colorado (the "Counry ), aaTe(3 ZDepTember 1d, 1999 and recorded at reception No. 445444 of the recoras or Tne MTKin county Clerk and Recorder's Office, WITNESSETH. WHEREAS, the Board of County Commissinners grouted .Subdivision Genera! Subzri,s;on, Planned Unit I)eve-lepm"t, 1041 Erwirommentcl H=-=-� Review and Spedol 4view approval for the Aspen Highlands Village Proposal, subject to conditions stated in Resolution No. 96-14i, c>ranrmg '5L'JdfYlsiC.`, Sanwa` v:mbr,,:rs on, ?karma Unit ver+e:�.p n6nT, 104s cnwronmenra/ myazam meview aria Specia/ Review Approval for the Aspen high/ands village Avposam, ana recorded of keception No. 402639. and KCiWiution No. 97-67 , ciranring veramiea submission planned Unit Development. 1041 cnvmrOnmenra,• Hazara kevmew, and special Review Approval to the Aspen Highlands VillQor .pL/A and recorded at Reception No- 422629: and Resolution No 98-79, Smntina Final Plat Aaar,"l to iho Aspen Highlands Village PUD- and recorded at Reception Nn 473PAR WHEREAS. the Citv of Asno.n granted Anne-yation for the Aspen Highlands Viliat�e arGou; subject to conditions pursuant to Ordinance No. 8 (5eries of 2000), ApprovkV the AfWW,4uii017 ar Certain Territory to the City of Aspen, Co/a-ado, to be Xnown and Designareo as me s+spien High/ands Klmege ?✓D-Aiwexation, and recorded at reception No. 4428s5. WHElEAa, me aspen Highlands village P-U.D. Final Plat was recordedot Plat Book 47, Pages 1 Through 9, Block D Plot recorded September 28, 1999, Plat Rook 51, Paoe 41 - 46: Aspen Highlands Condo Phase I Plot recorded in Plat Book 56 at Pages 24 - 48; and DeeloreNcer of Cmndommium for Aspect Highlands Condominiums Armen Wmbland-C VillQge C,i}y of Aspen, Pitkrn County, Color ado recorded on 7anunry f 1. 2001, at Reception No. 450454. WHEREAS, an "Owner" is a person or persons who is/are a i W11(led Buyer who acquires an ownership interest in the Property in compliance with the terms ana provisions of this Agreement, it being understood that such person or persons small be aeerned an Uwner- hereunder only during the period of his/her or their ownership interest in the Property and shall be obligated hereunder for the full and complete performance and observance of all covenants, conditions end restrictions contnined herein during such period. MAY.22.2401 9:03AM HINES ASPEN HIGHLANDS VILLAGE NO.783 P. 3 ATTACHMENT -t WHEREAS, the unitsoffected by the Geed Restriction are the units with Affordable Housing Condominiums set forth on the Condo Plc+ end specifically called out in Exhibit "A", WHEREAS, pursuant to the Qeselt:tio.•-- a r1rdinances st„tzd above. the Declarant desires To impose certain covenants upon the Units, more specifically described in ExrIDIT "A", which will restrict the use and occupancy of the Units to qualified buyers or Tenants, as defined in the Aspen/Pitk,n County Housing Guidelines (the "fyuideiines") and as they are amended from time to time, and in conformance with their land use approval. In addition_ the Declarant desires to impose certain covenants upon the Units which shall set forth the maximum monthly rental price, maximum resale Price, amount of appreciation,and term s and provisions for the rental or sole of tile Units. In order to accomplish the forecoinq objectives the Declarant dPrires to enter inic thiz Agreement with APCHA upon the terns set forth herein. wu`pcAS, the parties here"vy ucnl5uirvleuye i hat the ueciarant wiii not occupy or utilize the Units as his residence; instead, ueciaranT has constructed the Units for purposes of selling or rentinq the Units, through APCHA, to qualified employees [Qualified Buyers] who fall within the APCHA's specific categoryas detailed in Exhibit "A" and established in the Guidelines.as the same are published trom time to time. NOW, THEREFORE. it is agreed by tha nnrtip< hnrvtn --v �.,u,,,,,�• rA rr� r r w �— ••• r'� r — % V (�(l//9L.1FzElU tf(iYEq.5 A, Initial Sole: 1 The units specified as 'sales units" in Exhibit 'A" shall be sold through the APCHA, The Declarant can specify the Quolified Buyer for the initiai sale only for Those units specified as such in Cxhibit `A", whereby They are morKea with an astersk (-)- 2. R Qnsnlo nwrl �.. -,ram-_ IV uun) led 6V er- i. In the event that an Owner desires To sell the Unit, the Owner shall execute a 5tandarp Listing contract, on forms approved by the Colorado Real Estate Commission with the APCHA providing for a 1$0-day listing period. or such other time period as required by the APCHA Affordable Housinq Oiiidelines in effect at time of listing. At this time, the Owner shall deposit with APCHA an amount eaual to one. percent (1%) of 3CEd R S Hetion for Aspen Nlghfa"ds Y169,- nr igrOQDJC noy$tn9 Pdge 2 MAY.22.2001 9:04AM HINES ASPEN HIGHLANDS VILLAGE NO.733 P, 4 ATTACHMENT Li the estimated value of the Unit. The APCHA shall promptly advertise the Property or Unit for sale by competitive bid to Qualified Buyers. At the time of closing, the Owner shall pay to APCHA an additional one percent (11%,), for a maximum fee of two percent (2%). If FNMA type financing is used, there may be a fee charged by the APCHA based on the amount financed. The amount of this fee to be paid by the subsequent Owner shall be as set forth in the current Affordable Housing Guidelines and will be distributed to the APCHA Mortgage Fund Account. 2, Maximum Resale Price. In no event shall the Unit be sold for an amount ("Maximum Resale Price") in excess of the lesser of. plus an increase of three percent (3%) of such price per year from the date of purchase to the date of Owner's notice of intent to sell (prorated at the rate of .25 percent for each whole month for any part of a year); OR b, an amount (based upon the Consumer Price Index. All Items, U.S. City Average, Urban Wage Earners and Clerical Workers (Revised), published by the U.S. Department of Labor, Bureau of labor Statistics) calculated as follows: the Owner's purchase price divided by the Consumer Price Index published at the time of Owner's purchase stated on Settlement Sheet, multiplied by the Consumer Price Index current at the date of intent to sell. In no event shall the multiplier be less than one (1). For purposes of this Agreement, "date of intent to self' shelf be the date of execution of a listing contract when required by this agreement, or if a listing contract is not otherwise necessary, the date shall be determined to be the date upon which a requirement for the Owner to sell is first applicable- C . For the purpose of determining the Maximum Resale Price in accordance with this Section, the Owner may add to the amount specified in Paragraph R.7, above, the cost of Permitted Capital Improvements (as defined in Exhibit "B") in a total amount not to exceed $ Z . which is ten percent (10%) of the initial Purchase price set forth in paragraph 8.2 above. In calculating such amount, only those Permitted Capital Improvements identified in Exhibit "B" hereto shall qualify for inclusion. All such Permitted Capital Improvements installed or constructed over the life of the unit shall qualify. However, the allowance permitted by this subsection is a fixed amount, which shall be calculated on a cumulative basis applicable to the owner and all subsequent purchasers, and shall not exceed the maximum dollar amount set forth in this subsection c. 'Owner's purchase price, recorded on a separate m moran&m of xcc ptanee fer each indivicsal cr.ic. t10k of she initial sales price, co be recorded in a separate Meoorandm or Acceptance for each unit. Deed Restriction for Aspen Highlands V11age Affordabl¢ }lousing Pcge 3 -MAY.99,9001 9:04AM HINES ASPEN HIGHLANDS VILLAGE NO, 781 P. 5 ATTACKMENT 4 a%zrrnii let? Capital Improvements snail not include any changes or aoctrions to ine Pruperiy made ay fine Clwner curing construction or thereafter, except in accoraance with Paragraph B.e.c above. Permitted Capital Improvements shall not be included in the APCHA's listed purchase price, even if made or installed durinq original construction. e_ rn nreicr to nttnlifv nc Pormittori runit.2l T►nnrnveW%0"+e t&I- Own2r -r � . .r. Must tLG fVllVrlliily iJ 1�U! /IK.{IiVri w1itL rt`.apect to the improvements tna`r ';le Owner seeks to include in the calculation of Maximum kesaie Price; i) Original or duplicate receipts to verify the actual costs expended by the Owner for the Permitted Capital Improvements; 2) Owner s attidevit verifying that the receipts are valid and correct receipts tendered at the time of purchase. and 3) True and correct copies of any buildinq permit or certificate of occupancy required to be issued by the Aspen/Pitkin County Building Department with respect to the Permitted Capital Improvements. t. For the purpose of determining the Maximum kesaie Price in accordance with this Section. the Owner may also add to the amount specified in Paragraphs 6 2. a through d, the cost of any permanent improvements constructed or installed as a result of any requirement imposed by any governmental agency, provided that written certification is provided to the APCHA of both the applicable requirement and the information reywred oy rcrograph g. to calculating the costs under Paragraphs 13.2.e, 1) - 3), only the Owner's actual out-ot-pocket costs and expenses shall be eligible for inclusion. Such amount shall not include, an amotint nttrihutnhle to Owner's "sweat eouity" or to any appreciation in the value of the improvements. N0"r1-r-MQr— HEREIN SHA!.L BE CONISTRI-JEO TO CONS`r ITE A R,�'', RE5ENTAI'10N OR GUARANTEE BY THE APCHA OR THE =i / THAT ON RESALE THE OWNER' SHALL 09 T Alit/ T HE MAXIMUM RESALE PRICE. 3. All disputes between the Owner and the administrative staff of the APCHA shall be heard in accordance with the grie-vance procedures set forth in the Affordable Housing buidelines. 4. Owner shall not permit any prospective buyer to assume any or all of the Owner's customary closing costs nor accept any other consideration which would cause an increase in the purchase price above the bid price so as to induce the Owner to sell to such prospective buyer. Deed Restriction IFO► Aspen Highlands Village Affordable Housing Page 4 •MAY.22.2001 9:05AM HINES ASPEN HIGHLANDS VILLAGE NO./U- P. 6 ATTACHMENT 4 �. in The event that one quaiified bJa is received equal to the Maximum Resale Price herein estabusheti, the Property shall be sofa to such bidder at the Maximum Resale Brice; and in the event Owner receives two or more such bids equal to the %ixi►nurn kesale Price, the Qualified Buyer shall be selected ocroreling to the priority for Sole Units set forth in the Afforde+ir. Housing &uidel;nes: and, in the Event that all such aualifipd binders nre of eClual priorit;, pur;uont to the Affordable Housing Guidelines, the Qualified Buyer shall be selected by lottery among the qualified bidders, whereupon the Property or Unit sholl be sold to the winner of such lottery at the Maximum Resale Price. if the terms of the proposed purchase contract, other than price, as iniTIaiiy presenrea to the owner, are unacceptable to the Owner. there shall be a mandatory negotiation period of three (3) business days to allow the Seller and potential buyer to reach an agreement regarding said terms: including but not limited to; the rlosinq dote and financing contingencies, If, after the negotiation period is over the Seller and buyer have not reached an agreement, the next bidder's offer will the., be presented to the Seller for consideration and a three (3) business day negotiating period will begin again. The seller may reject any and all bids, however, the Owner is subject to the provisions in the Affordable mousing Lvurdelines pertaining to the listing fee. Sills in excess of Tne maximum Resale Price shall be rejected. If all bias are below maximum kesale Price, owner may accept the highest qualified bid. If all bids are below Maximum Resale Price and two or more bids are for the. same trice. the Qualified Buyer shall be selected by lottery from amono the highest rluolifire? bidders, V - b. I-xrept eks provided in paragraph A above in the event that titIc t, the ::nit vests by descent in individuals and/or entities who are not Qualified Buyers as that term is defined herein (hereinafter "Non -Qualified Trwuferee(s)"),the i-roperTy or unit shall immediately be listed for saie as provided in raragrapn C above (including the payment of the speofiea tee to the APCHA), and the highest bid by a Qualified Buyer, for not less than ninety-five percent (95%) of the Maximum Resale Price or the. appraised market value, whichever is less. shall be accepted: if all bids are below ninety-five percent (95%) of the Maximum Resale Price or the appraised market value, the Prop" or Unit shall continue to be listeel for sale until a bid in accordance with this section is made, which bid must be accepted. The cost of the appraisal shall be paid by the Non -Qualified Transferee(s). a. Non -Qualified Transferees) shaii join in any saie, conveyance or transfer of the Unit to a <,Zualified Buyer and shall execute any and all documents necessary to do so; and b. Non -Qualified Transferee(s) agree not to, 1) occuey the said Unit: 2) rent all or any part of the Unit, except in strict compliance with Paragraph R.10 hereof: 3) engage in any other business activity on or in the Unit; 4) sell or otherwise transfer the Unit except in accordance with this Agreement and the Deed Restriction for Aspen Hiohlnndf Vi!!=e Affordable Housing pd9e 5 -MAY.22.2001 9:05AM HiNES ASPEN HIGHLANDS VILLAGE N0.783 F. ATTACHMENT 4 Af i ordable Housing Guidelines: or 5) sell or otherwise transfer the Unit for use in a rrade or ousiness. C. any type of transfer of any portion of the Unit shall be approved prior to the - transfer. If prior approval has not beer rProivorl by the aprHp the trCrtsrer shall be- null mmd void d Th + n OrtJ w r d+ i r. the'ity, the Ciltheiru+ity, or their respectivesuCCeSsurs, as applicable, shall have the right and option to purchase the Unit, exercisable within a period of fifteen (:5)J caiendar days after receipt of any sales offer submitted To Tne AVLHA by a Non -Qualified 1 ransferee(s). and in the event of exercising their right and option. shall purchase the Unit from the Non -Qualified Transferee(s)for n price of ninety-five percent (95%) of the Maximum Resole Price. or the appraised market value, whichever is less. The offer to purchase shall be made by the Non -Qualified Transferee within fifteen (15) days of acquisition of the Property or Unit. e. Where the provision of this Paragrapn o apply, the APCHA may require the Owner to renT the vniT in accordance with the provisions of 6.10, below. /. i he Units shall be and are to be utilized only as the sole and exclusive place of residence of an Owner. 8. In the event Owner changes domicile or ceases to Utilize the Unit as his sole and exclusive place of residence, the Unit will be offered for sale pursuant to the provisions of Paragraph 9 of this Agreement. Owner shaii oe deemed' to nave cnanged Owner's domicile by becoming a resicient elsewhere or accepting permanent empioyment outside Pitkin county, or residing in the Unit for fewer than nine (9) months per calendar year without the express written approval of the APCHA. Where the provisions of this Paragraph 8.6 apply. the APCHA mov require the Owner to rent the Unit in accordance with the provisions of Paraorcoh R.10. below 9. It at any time the Owner of the Unit nl5o owns arty interest alone or in catuneNon with others in any developed residential property or dwelling unit(s) located in Eagle. Garfield, Gunnison or Pitkin Counties, Owner agrees to immediately iist said other property or unit for sale and to sell Owner's inreresT in such property at o sales price comparable to like units or properties in the area in which the property or dwelling unit(s) are located_ In the event said other property or unit has not been sold by Owner within one hundred twenty (120) days of its listing, then Owner hereby agrees to immediately list this Property or Unit for sale pursuant to the provisions of Paraaraph C_6 of this Agreement_ It is understood and agreed between the parties hereto that. in the rase of an Owner whose business is the construction and sale of residential properties or the purchase and resale of such properties, the properties which constitute inventory in such an Owner's business shall not constitute "other Deed Restriction for Asper Higklands Village Affaretable 44ausin9 Page 6 _ MAY.22.2001 9:06AM H►NES ASPEN HIGHLANDS VILLAGE N0.783 P. 8 A TTACHM MIT 4 cieveivpea rewu'erdtiai property" or "dweiiing unif(s)" as those Terms are used in TnIS Paragrapn 8.9. 10. Except as provided in Paragraph A above, Owner may not, except with prior written aporoval of the APCHA_ and subject to APCHA's ronelitions of nnnrovnl, rent tha Unit for any period of time. Prior to occupancy, any tenant must be approved by the Hame.owner'S Association. if applicable, and the APCHA in accordance with the income, occupancy and all other qualifications established by the APCHA in its Affordable Housing i7uideiines. The APCHA snail not approve any rentai if such rentai is being made by Owner to utiiize Tne UniT as an income producing asset, except as provided below, and shall not approve a lease with a rental term in excess of twelve (12) months. A signed copy of the lease must be provided to the APCHA prior to occupancy by any tenant_ Any such lease approved by the APCHA shall be the greater of Owner's cost or the monthly rental amount specified in the .Affordable Housing Guidelines for units that were constructed in the year in which the subject unit was deed restricted at the appropriate income category. Owner's cost as used herein includes the monthly expenses for the cost of principal and interest payinents, taxes, property insurance, conaominium or homeowners assessments, utiiiries remaining in owner s name, pius an additional twenty dollars (:�,2U) and a reasonable (retundable)security deposit. The requirements of this parooraph shall not preclude the Owner from sharing occupancy of the Unit with nor. -owners on a rental basis provided Owner continues to meet the obligations contained in this Agreement, including Paragraph 8,10, GENERAL PCP�ICIV.S C_ TN NO EVENT SHAI ( THE OWNER CRFATE AN ADnTTTnNAL OWELLTNG UNIT, AS DEFINED TN THE PT7KIN COUN?Y OR CITY OF A5PFN !.AND USF CODF5 IN OR ON THE PROPERTY_ PNI/1TIJT4 f/' L'T41 C J nl 1 BE /'l-fA1CT11U�V ?'/"1 �L �11I THE A( VIA T� �j V 1 LVT V. I V\/ � rlylvL7 Hlr�t4414 JI'4AL- V VVI�J 11111 V v �f(VV ^v I V r� INDEMNIFY THE OWNER AGAIN5T ANY LOSSES ATTRIBUTABLE TO THE RENTAL, INCLUDING (NOT BY WAY OF LIMITATION) NON-PAYMENT OF RENT OR DAMAGE TO i-HE PREMISES; NOR 1"0 REQUIRE THE APCHA TO OBTAIN A QUALIFIED TENANT FOR THE OWNER IN THE EVENT THAT NONE 15 FOUND BY THE OWNER. .QQFArA4 E. In the event that APCHA has reasonable cause to believe the Owner is violatinq the provisions of this Agreement, the APCHA, by it's authorized representative, may inspect the Unit between the hours of 8:00 o.m. and 5:00 n m . Monday throuqh Friday, after providing the Ovirier with no less than 24 hours' written notice. Lloe d Qee�rirtinn fn� Acrwn Wmiikrlrit VNI.Ine Affiirednhla Wnl�$in� Paov 7 MAY.22.2001 9:06AM HiNES ASPEN HIGHLANDS VILLAGE N0. 183 P. 9 N ATTACHMEIW1 4 F. The APCHA, in the event a violation of this AgreEment i$ discovered, shaii send a notice of violation to the Owner- av-, uiiing the nature of the ViOlation ana allowing the owner titteen (15) days To cure_ Sala nonce shall state that the Owner may request a hearing before APCHA within titteen (1b) days to determine the meats of the allegations. If no hearing is requested and the violation is not cured within the fifteen (15) day period, the Owner shall be considered in violation of this Agreement. If a hearing is held before the APCHA the decision of the APCHA bused on the rerord of 5urh hrrrino Shall be final for the purpose of determining if a violation has occurred, provided the right to appeal the decision to the District Court pursuant to C.R.C.P. Rule 106 of Colorado be available. REMEDIES G. There is hereby reserved to the parties hereto any and all remedies provided by law for breach of this Agreement or any of its terms. In the event the parties resor i I oil iiyuiiun with respect to any or all provisions of this Agreemeni , the prevaiiing porty shaii be entiTied To recover gamage5ana costs, inciuding reasonabieaTTorneys tees- H. in the event the Unit is sold and/or conveyed without compliance herewith, such sale and/or conveyance shall be wholly null and void and shall confer no title whatsoever upon the ourported buyer. Each and every conveyance of the Unit, for all purposes, steal I he deemed to includeand incorporate by this reference, the covenants herein contained, even without reference ther:.: n to this a-reement. I. In the event that Owner fails to cure any breach. ine APCi-iA may resort to any and ail ovallobie iegai action, inciuding, but not irmited to, speciric performance of MIS Agreement or a manaatory injunction requiring sale of the Unrt by Owner as specitied herein_ The costs of such sale shag I be taxed against the proceeds of the sale with the balance being paid to Owner. J. In the event of a breach of any of the terms or conditions contained herein by th"t Owner, his heirs, successors or assigns, the, APCHA'!: initial lilted purchase price of the Unit as set forth in Paragraph A of this Agreement shall, upon the date of such breach as determined by APCHA, automatically cease to increase as set out in Paragraph 13 of this Agreement, and shall remain fixed until the date of cure of said breach. FORECLOSURE K. If FNMA -type financing :s used to purchase the Unit, as 411-y ; i,e r,?CHIA, APCHA and the ouui u niuy, pursuant to that certain Cops ion to iyuy executed ana recordea of even dare herewith, the terms or wnicn are incorporated in tnis Agreement by this reference as it fully set torth herein, agree to release and waive their abi lity to enforce the resale deed restrictions contained herein, in the event of foreclosure, provided that said Option to guy grants to the APCHA and the Board; as the designee of the APCHA, the option to acquire the Property or Unit within thirty (30) days after the issuance of a public trustee's deed to the beed Restriction for Aspen Nighlonds VM&7ov. Affordable Housing Paae 8 • MAY. 22. 2001 9J)7AM NrNES ASPEN HIGHLANDS VILLAGE NO. 7S3 P. ?C,, " • ATTAiCMENT 4- holder (including assigns of the holder) of the promissory note rccured by a first deed of trust for ar optic:^, price not to exceed thF- redemption price on the last day c 'l t try � o! ai! 5iaiG1O redemption period(s) and vny adciitianul reasonable costs incurred by The holder during the option period which are directly related to the foreclosure, In the event that APCHA or the Board, as the designee of the APCHA. exercise the option pursuant to the terms of that certain Option to Buy, described above. the APCHA and/or its designee, may sell the Unit to Qualified Buyers as that term is de_finPd herein, or rent the Unit to qualified tenants who meet the income, ocr-upancy and all other ;,,alificctions, established by the APCHA in its Affore-loble Housing Guidelines until sale to a Qualified Buyer is effected. !.. ".oticez. Arty not ice, consent o; approval whicl1 i5 required to be given hereunder shall be given uy rauiiiny the same, certified maii, rerurn receipt requested, property addressed and with postage tuiiy prepaid, to any address provided herein or to any subsequent mailing address of the party as long as prior written notice of the change of address has been given to the other parties to this Agreement. Said notices. consents and approvals shall be sent to the parties hereto at the following addresses unless otherwise notified in writing - To Declarant: kitz-Corlton Development C_m-c". y, Inc. Attn: Daniel R. Muniru, rtssistant General i ounsel 6649 Westwood &uuievard, quite 500 Orlando, FL 326Zi To APCHA- Executive Director Aspen/Pitkin County Housi% Authority r.. .. a _:. ;'j: East Main, Lower Level Aspen. Colorado 81611 Tn n,v^er ; o be 4etermined Ly a !afar r :corded mvmoran Curti encurnberingr each indivivual unit M. Exhibits. Aii exhibits attached hereto (Exhibits „A., and 'Es') are incorporated herein and by This reterence made a part hereof. N. Severability- Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a mnanner as to be valid under applicable low.- but if any provision of nny of the foregoing Shall be invelid or prohibited under said cpglicable lain, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining previsions of such document. Q. Choice of Law- nis Agreement and each and every reiated document is to be governed and construed in accordance with the laws of the 5tate of Colorado - Successors Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be bindina upon the heirs, sur-cessors and assigns of the, porfies_ ^ � RzstricTion for A;pefi ;igh6r� Vii?age Affordabla H3usihq r g 5 -MAY.22.2001 9:07AM HiNES ASPEN HIGHLANDS VILLAGE NO. 783 P. 11 ATTACH, &J"l 4 %Q4. Sec lion neadiggs. raragraph or section headings within this Agreement are inserted solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. R. Waiver. No claim of waiver, consent or acquiescence with re! ►P ect to agog prcy.sion or this r - i r' Anro.omant chnl.l ro ynlirt nnninet ..,.r+ e^, a_ + �L _ L _ c �� ,-: T ; : y ::�. L:� ....c,.'p: liii iriu uc:J Gi u wri! ifn in5TruMenT ,:Yecutecl by the partieg to this Ayrczmertt. However, the party for whose benefit a condition i5 iii��i ted l;u rein Shiiali nave i he uniiaterui right to waive such condition. 5. vender and Number. Whenever the context so requires herein, the neuter Gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa - T. Persowfl 1_inhility nwneaaraog +hn+ ha nn C{%. ei,nlf h r t. . �� - r � vc M$r�ariuilcy ii:u'tJi:c far arty of � ne U. Further Actions, 71,ie parties to this Agreement agree to execute such further documents and take suchfurTher actions as maybe reasonably required to carry out the provisions and intent of this Agreement or any agreement or document relating hereto or entered into in connection herewith. V. Moditiications. The parties to this Agreement agree that any modificrttions of this Agreement Shad i]et effertive only when ric-de by i�:ri+fn,,G Si n��i Stir �n+(. [�r.i:...� .t r J with n _ _ _ J- 7 I „. TT__ :w Gnu: eccr ied with hf _ Clork and Pecs- pr of Pitkin Count• Colorado. Notwi ISiai-idin tfit or i Rr tl' g f ego ng, the ApCHA reserves the right to :.mend this Agreement uniiateraiiy where deemed necessary to effecluQte the purpose anu intent of this Agreement, and where such unilateral action does no i materiaiiy impair the Owner's or Declarants rights under this Agreement. W. Owner and Successors_ The term "Owner" shall mean the person or persons who shall acauire an ownership interest in the Prnnerty or Unit in complion.ce with the terms and provisions of this Agreement; it beino understood that such person 4r pa±.rsnns el,,ll be, deemed ®^ "0saner" hereunder only during the period of his, her or their ownership :ntera-! in the Unit and shall be obligated hereunder for the full and complete performariceand observanceof all covenants, conditions and rGtrictions contained herein during such period. X. Qkclified Buyer/ Tenant. The term (qualified -buyer/Tenant is a person(s) meeting the income and asset limitation who meet the profile requirements (part of which requirements include being a qualified employee, a senior. a disable person, or dependents) of any of these such terms as defined in the guidelines) established by the APCHA from time to time and in effect at anv time IN WITNESS WHEREOF, the parties hereto have executed this enstrurma^t or, - 4c th:s,a c.v'f w year above first writ+e-r. Deed Restriction for .Aspen Highlands Village Affordable Noising pd7t 10 •MAY. 22. 2001 9:07AM nFCI P.A?1 T: HTNES ASPEN HIGHLANDS VILLAGE Ritz -Carlton �eveloQment Company, Tnc. STATE OF CV—UNT10F PY i N j NO. 733 P. 12 ATTACMENT 4 ./ the foregoing instrument was acknowledged before me this �-/_ _d of April, 2001, by 2&,%:., ._. 4-4 - C. e-y.- C-0 ".4--se- J kal F 0 w u o1...r, c•Tr- Go Po...,.y Witness my hand and official seal: My commission expires: �S N?.NCY E. CL-aRK l��Uii:�: J�i,.�.::. ✓�{/L f1 ice~ `� w j.kpp.3 NCIgltY r7a.Nwry Qa3c�^JL Notory*Yubiiip ACC PTANCE BY THE ASPEN/PITKINCOUNTY HOUSING AUTHORITY The toregoinq OCCUPANCY AND RENTAL/RESALE DEED RESTRICTION AND AGREEMENT FOR ASPEN HIGHLANDS VIL 1 AGE AFFORDABLE HnllST_N& and its tcrr+< pre hereby adopted and declared by the Aspen!Pitk'snCountyHvrasing Aut+ cri -. THE AUTHORITY By: Mary J. Roberts, txecutive Director STATE OF COLORADO ) COG"3TY OF PITK:N i 1-he foregoing instrument was acknowiedged eerore me inns day of March, ZOO!, by Mary J . Koberts, Executive Director, Aspen%Nitkin County Housing Authority. Witness my hand and official seal. My commission expires; Notary Public 4eed Restriction for Aspen Highlonds Vifloae Affordable Housing P=e 11 _ MAY.22.2001 9.08AM HTNES ASPEN HIGHLANDS VILLAGE NO.183 P. 13 I. ' TT,ACHMENT_ Description or the ATfOrdabie HOUSMV iOT is i&r T.he Units L eected in Building 8, Elkhorn Lode CATE- RFR17/ 5Al FS OR Mck- appk�ss GORY SA ES anMS SAC _ F-r� RENTAL RATES 8 0039 Boomerang Rd, #8121* 3 Sales/Kent 3 1445 $149,000 $1,304 8 0039 Boomerang Rd, #8120* 3 Sales/Rent 3 1,307 $l49,uuu/$1,3U4 8 003 9 Boomerang Pd, #8123 3 Sales 3 1,293 $149,000 8 0039 Boomerang Rd, #8122 3 Sales 3 1.307 $149,000 8 0039 Boomerang Rd, #8124 3 Sales 3 1,318 $149,000 8 0039 Boomerang Rd, #8125 3 Sales 3 1,330 $149.000 8 0039 Boomerang Rd, #8126 3 Sales 3 1,330 $ l4g 0nn *Units where the initial sale is chosen by the ueciaront for the Aspen Hiyh;andS V i!;age. The rental rates are per month maximum rates. f1 nnlinnroa inrli ld-od in the.SaIPS price are stated below: • Re; riyeratar • l�rshwosher • konge • Washer and Dryer 'age i2 need Restriction for aspen Highlands Village affordable Housing •MAY.22.2UG1 9:08AM uiNES ASPEN HIGHLANDS VILLAGE N0.7Q3 P. 14 r_..r frAY->•- ,,,,,� ATTACHMENT 4 Permitted Capital Improvements For. Saks ! lni T 1 U •1..L.,J C •L_I Y 111 - J AL- A�,._�.......s ��. II f., • L.J sL� I he ter ��`�ii I I �u {►ci� i I Q A. Ifir VYO:rfiW& I u:, u5a:u iTi III nyr rrrti e i � �ul11 on' it icllu : i:�;, TO��OWIt1 j a Improvements or tixtures erected, installed or attached os permanent, functional, non - decorative improvements to real property, excluding repair, replacement and/or maintenance improvements: b. Improvement; f n r oIier3ynnd wntr-r rnncnrvntinr,_ C. A.rnproven, Pant stor 11ha venef7tor stniorSanvi"or IiandicaF+.cdNcr son z; d. improvements for health and safety protection devices: e. Improvements to add and/or f inish permanent/tixedstorage space: and/or f. Triprove nentstc finish unfinished space_ 2. Dir rn;++rA Capcta; I..MC^t$a.4 '.:S'Cd In th.--,& Agrecirtent sha11 NOT ;ncl,-de the fnlmg: a. Landscoping: b. Upgrades/replacements of appliances, plumbing and mechanical fixtures, carpets and other similar items included as part of the original construction of the unit: c. The cost of addino decks and balconies. and anv extension thereto: d. v aCZZiS, Saur s, $ti'w m shower5 and other sirndar items; e. improvements required to repair, repiace and maintain existing Tixfure5, appliances, plumbing and mechanical fixtures. painting, carpeting and other similar items; and/or f. Upgrades or addition of decorative items, includinq lights, window coverings and other similar items.. 3. A11 permitted CapitRI Improvement items and costs shall be approved by the. AP(.HA Stott prior to being added to the Maximum Rtscle Price as defined hercir. bee.d AC-5tristior for Asper Saiphlcrds Villda" Affordable Housing Pace 13 Flay-11-01 09:25A yus horn 97 325 5180 P.04 "TTACMENT MATTHEW V. STOKES HINES HIGHLANDS LIMITED PARTNERSHIP BOX 5115 ASPEN, COLORADO 81611 970-920-1710 May 11, 2001 James TAndL Aspen Pitkin Community Development DeparLment 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Highlands Village Planned Unit Development: Insubstantial Amendment to a Planned Unit Development to Change Deed Restriction for Two Affordable Housing Units Dear James: Hines Highlands Limited Partnership is the developer of Ole Aspen Highlands Village. This leLter authorizes Davis Horn Incorporated to prepare a PUD amendment land use application on our behalf and represent us in the City of Aspen land use process. The application addresses the deed resrict.ion for two affordable housing units located in Building 8, the Ritz Carlton Thanks. Sincerely, MATTHEW V. STOKES ASSISTANT CONSTRUCTION MANAGER HINES HIGHLANDS LIMITED PARTNERSHIP flay-11-01 09:26A yus horn 97 )25 5180 VP_06 ATTACHMENT ASPLN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Pecs CITY OF ASPEN (hereinafltar CITY) and H i r-id5 �--k i-�h�r�•1� 5 (hereinafter APPLICANT) AGREE AS FOLLOWS: �I-) 1. APPLICANT hw< subMMed to CITY an application for =n STcar-%rt -,-\ Pt►ran�t,.vv.T To Pj O fir• C-'6--rl 49--M (hereinafter, THE PROJECT). 01 F or` �bt. i-L...�••: � 0e-1 4LW- 2. APPLICANT undcrstauds and agrees that City of Aspen Ordinance No. 49 (Series of 1998) euablishes a fee srnicnire for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nartnre or scope of the proposed Project, it is not possible at this time ro asceruia the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make piymcnt of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees lie will be beneficed by retaining greater cash liquidity and .,rill make additional payments upon notification by the CITY what they arc necessary as costs are incurred_ C[ rY agrees it will be benefited through the greeter certainty of recovering its full costs to process APPLICANT'S application- 4 CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing cr present suRieicnt information to The Planning Commission anl/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. S. Therefore, APPLICANT agrocs that in consideration of the CITY's waiver of it, right to collect full fees prior to a determination of application complcwness, APPLICANT shall pay an initial deposit in the amount of $�_ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such acctucd costs shall be ;rounds for suspension of processing, and in no case will building permits be 6sued until all costa associated with case processutg leave been paid. CITY OF ASPEN By: Julie Ann Woods Community Development Director g.Vupport\fornislagrpnyns.doc I Z/2 709 ArPI,iCANT Datc: Z c7 c7 t h7iiling Address: 3 tax S t X S At�, yt co IL [Z. MAY-04-2001 FKI 01:12 PM FAX NO. P. Ol ATTACKMEf. PLANNER: rzov.t>rl­ i . REPRES£NTATiVE: OWNER: TYPE Of APPLICATION DESCRIPTION' CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY James Lindt, 920.5441 DATE: 5.4.01 1 t: 4r T"rttUrt""-3 Pl13 ned Lyn; TIPwAnrnnent AmPnriment C/i0t]i] Hewn Iiines Highlands, LLC. Insubstantial PUD Amendment Change the deed restriction on a unit at Highlands from a Category 3 Sale Unit to a Category 3 Priority Rental Unit for an employee in Aspen Highlands Village Land Use Code Sections) 26.445.100 Amendment of PUD development order. Review by: Staff for complete application, referral agencies for technical considerations, Community Development Director for final approval. if Community Development Director does not think that it meets criteria for Insubstantial PUD Amendment then goes to Planning and "Zoning Commission for a Public Hearing. If the PUD amendment is approved, the applicant mast then alter the deed restriction with Housing Authority and re-record it. Public Hearing: No, unless director feels that it needs to go to Planning and Zoning Commission. May have to go to the I lousing Board if the Housing Authority deems it necessary. Planning Fees: Planning Deposit $500 Referral Fees: Housing $345 Total Deposit: $845 To apply, submit the following information' 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Proof of Ownership. 4. Signed fee agreement. 5. Pre -application Conference Summary. 6. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 7. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 8. A copy of the recorded PUD agreement $. 2--Copies of the complete application packet (items 1-8) Process: Apply. Planner checks application for completeness. Staff refers application to Housing Authority. !lousing Authority returns comments. Housing Authority may require referral comments from Housing Board. Staff then reviews application against PUD Amendment Standards. If staff feels that application meets criteria for Insubstantial Amendment. Community Development Director creates and approves decision notice and development order. Wsclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or inay not be accurate. The summary does not create a legal or vested right.