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HomeMy WebLinkAboutFile Documents.1485 Homestake Dr.0091.2019 (7).ARBK RECEPTION# 647272, R: $38.00, D:$0.00, 05/09/2018 at 04:33:36 PM, Pgs 1 of 6,Janice K. Vos Caudill; Pitkin County,CO AGREEMENT ON USE OF CITY OF ASPEN HISTORIC PRESERVATION TRANSFERRABLE DEVELOPMENT RIGHT CERTIFICATES THIS AGREEMENT ON USE OF CITY OF ASPEN HISTORIC PRESERVATION TRANSFERRABLE DEVELOPMENT RIGHT CERTIFICATES,dated as of April_,2018(this "Agreement"),between Philip A.Pine("Pine"),The Azouz 2000 Revocable Trust dated April 4, 2000,as amended December 22, 2003 ("Azouz"), and Iomestake Condominiums Unit Owners Association, a Colorado nonprofit corporation (the"Association") is executed for the purposes recited below. (Pine,Azouz and the Association are sometimes referred to herein as the"Parties" and each of them as a"Party.") RECITALS A. Azouz is the owner of Unit 1, and Pine is the owner of Unit 2, each in Homestake Condominiums,Aspen,Pitkin County,Colorado.(Unit 1 and Unit 2 shall be referred to herein as the"Units"and each of them a"Unit.") B. Homestake Condorninintns(the"Duplex Project")includes only Unit 1 and Unit 2 and is governed by the Association.Pine and Azouz are the only members of the Association. C. The Duplex Project is subject to that certain Condominium Declaration of Homestake Condominiums recorded in the real property records of Pitkin County,Colorado on May 15,2007, at Reception No.537849(the"Declaration"). D. Azouz wishes to utilize a"Historic TDR Certificate"to add 250 square feet of"Floor Area"to the improvements on Unit 1 as shown in Exhibit A,attached hereto.The term"Historic TDR Certificate"is defined in Chapter 26.535 of the City of Aspen Land Use Code(the"Code"), and Floor Area is as defined in Chapter 26.575 of the Code. E. Azouz is currently under contract to purchase City of Aspen Historic TDR Certificate No. TS-B25-LB-1, Certificate No. 21. All references herein to a Historic TDR Certificate used or to be used by Azouz shall mean this Historic TDR Certificate,or any other Historic TDR Certificate acquired by Azouz in the event its current contract does not close. F. The Parties believe that virtually no additional Floor Area is available to the Units without utilizing Historic TDR Certificates.By using a Historic TDR Certificate,either Party could add up to 250 square feet of Floor Area to the improvements on his or her unit. The Parties understand that Azouz's use of a Historic TDR Certificate to increase the Floor Area of Unit 1 will have no effect on the right of Pine,or his successor,to add up to 250 square feet of Floor Area to Unit 2 through use of a Historic TDR Certificate. G. The Parties wish to memorialize their agreement, as set forth herein, to permit either or both to add up to 250 square feet of Floor Area to the improvements on their respective units within the Duplex Project through use of a Historic TDR Certificate. Agreement on Use of City of Aspen Historic Preservation Transferrable Development Right Certificates Page 1 04/26/2019 ASPEN BUILDING DEPARTMENT RECEPTION#: 647272,05/09/2018 at 04:33:36 PM, Pgs 2 of 6,Janice K. Vos Caudill, Pitkin County,CO NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties covenant and agree as follows: I. Recitals Incorporate The Parties agree that the Recitals set forth above are and shall be substantive provisions of this Agreement and the representations made by each Party in the Recitals are and shall be enforceable covenants of such Party. 2. Use of Historic TDR Certificates to Increase Floor Area.Each Party may increase the Floor Area of the improvements on its Unit in accordance with the regulations of the City of Aspen, without the need to secure any advance permission or consent from the other Party. The Party seeking to use a Historic TDR Certificate to increase the Floor Area of its Unit may supply to the City of Aspen a fully-executed copy of this Agreement in lieu of any consent or permission which the City of Aspen may otherwise require to complete any land use,Building Department or other review which is a part of the TDR Each Party agrees not to object in writing or at any public meeting or hearing conducted in connection with the other Party's application or request to the City of Aspen to use a Historic TDR Certificate to increase the Floor Area available on its Unit. 3. Design Review and Approval. Prior to any actual construction work being carried out on a Party's Unit within the Duplex Project related to the addition of Floor Area as set forth above,the Party seeking to add on to his or her Unit shall first receive the prior written consent of the other Party,which consent shall not be unreasonably withheld If the Party from whom consent has been requested has not provided a written response within 30 days of the date notice is given pursuant to Section 3.5 of the Declaration, the written consent of that Party shall be deemed to have been granted Any disagreement between the Parties arising from a request to add on to a Unit shall be resolved pursuant to Section 3.6 of the Declaration. Azouz shall have the right to construct an addition on Unit 1 without having to comply with this Section 3 provided the addition planned by Azouz is substantially similar to that shown in Exhibit A,attached hereto. 4. Binding on Successors and Assigns. All the provisions of this Agreement, including the benefits and burdens created thereby, shall run with the land and shall be binding upon the Owners of the Units and the Duplex Project, and their respective heirs, successors and assigns. 5. Recordinzi i Pitkin County.The Parties agree that this Agreement shall be recorded in the real property records of Pitkin County,Colorado. 6. Counterparts. This Agreement may be executed in any number of separate counterparts and all of said counterparts taken together shall be deemed to constitute one and the same instrument [SIGNATURES ON FOLLOWING PAGE] Agreement on Use of City of Aspen Historic Preservation Transferrable Development Right Certificates Page 2 RECEIVED 04/26/2019 ASPEN BUILDING DEPARTMENT RECEPTION#: 647272, 05/091201 B at 04:33:36 PM, Pgs 3 of 6,Janice K.Vos Caudill, Pitkin County,CO IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and delivered by their proper and duly authorized officers as of the day and year first above written. AZOUZ The Azouz 2000 Revocable Trust date April 4,2000,as amended December 22,2003 / \ By: By. r e David Azouz Caroline Azouz Trustee Trustee PINE � r'"• GEORGE COSTANZA i° , ._ Notary Public-State of Florida Philip A.Pine , -• ''� �; Commission#FF 18484 0��/. My Comm.Expires Apr 13,2 • ' "•� Bonded through National Notary Assn. THE ASSOCIATION HOMESTAKE CONDOMINIUMS UNIT OWNERS ASSOCIATION, a Colorado nonprofit corporation By: The Azouz 2000 Revocable rust dated April 4,2000,as amended December 22,2003, Mem ( �`" By cQ / By: a427'`i/t E Da Azouz Caroline Azouz rustee Trustee Philip A.Pine,Member �t�iir'gs., GEORGE COSTANZA �° '` `�°. Notary Public-State of Florida • '' Commission#FF 184844 Table of Exhibits n „ My Comm.Expires Apr 13,20 ;. "'" Bonded through National Notary Exhibit A—Rendering of Proposed Addition on Unit 1 Agreement on Use of City of Aspen Historic Preservation Transferrable Development Right Certificates Page 3 RECEIVED 04/26/2019 ASPEN BUILDING DEPARTMENT RECEPTION#:647272, 05/09/2018 at 04:33:36 PM, Pgs 4 of 6,Janice K.Vos Caudill, Pitkin County,CO ACKNOWLEDGMENT 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of (4� >✓ ) On � �L� before me, iOGc,1��- �(�' � s / L�(insert name and title of the"offlcer) personally appeared ) & f-t Z.c) Nsr� � ,�e__ j Z E. who proved to me on the basis of satisfactory evidence to be the person(i)whose namea i re subscribed to the within instrument and acknowledged to me that he/sh-ar executed the same in his/he le authorized capaci (CD, and that by his/he 410 signature s)on the instrument the perso ,©, or the entity upon beha f of which the persor(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. •t PATRICIA NORMA SPINELLI! r r COMM.#2075328 WITNESS my hand and official seal. i „ J.. NOTARY PUBLIC-CALFORMA • 4714 LOS ANGELES COUNTY is,_. My Comm.Emmet Jey 20.2010 2$ Signature (Seal) 04/26/2019 ASPEN BUILDING DEPARTMENT RECEPTION#: 647272, 05/0912018 at 04:33:36 PM, Pgs 5 of 6,Janice K. Vos Caudill. Pitkin County,CO STATE OF CALIFORNIA } )ss. COUNTY OF LOS ANGELES } This instrument was acknowledged before me on April 2018,by David Azouz as Trustee of The Azouz 2000 Revocable Trust dated April 4,2000,as amended December 22,2003. [SEAL] Notary Public STATE OF CALIFORNIA } }ss. COUNTY OF LOS ANGELES } This instrument was acknowledged before me on April ,2018,by Caroline Azouz as Trustee of The Azouz 2000 Revocable Trust dated April 4,2000,as amended December 22,2003. [SEAL] Notary Public STATE OF FLORIDA } }ss. COUNTY OF BROWARD } This instrument was acknowledged before me on ril 2V,2018,by Philip A.Pine as a member of the Homestake Condominiums Unit Owners As .. ' II..n,a Colorado nonprofit corporation,and as an individual- [SEAL] : lJ i irif ry "sty'" 6EORGECOSTANZA i4: ,+ , o; Notary?ubfic-State of Florida '` Commission #�FFt 184844 ��+�-��� � My Comm.Expires Apr 13,2019 . "iTirol.' Bonded through National Notary Assn. Agreement on Use of City of Aspen Historic Preservation Transferrable Development Right Certificates Page 4 RECEIVED 04/26/2019 ASPEN BUILDING DEPARTMENT RECEPTION#: 647272,05/09/2018 at 04:33:36 PM, Pgs 6 of 6,Janice K.Vos Caudill, Pitkin County,CO K— a. � N � i_. IL u.� ¢ 03 � :1 n! � � i < # tit ; . `£ Illt;1=1.-71 rim d- z u Z ti-- • : .1 I _ .4- - X -1 - ID 9 CI--- _ �'/ .�s:w _ J W Q Z 4',) --1 .,4\1=I . .,.f.1 , --. 07014.1 ,:,,,...\V ir, t,, _ \\\ i 17 - I ® 3 4 -.1 �1 _ l_ ,`-4- )-* Out kui Z / -1,.• •• ...tn.; :? 4,.. ,... ,._ „:-.1-..,,,,,-- . , :---,.. ,, , i •-) tH- 1", *iii"111:" -. --1W.111111.14,C:7*''''' t 9.- - A . Iii ,rie 11 _(_1 ,._ _ _ID- - "---'' 1 r-111-1--tarr.H, la v i . , il, ' iii. I iL -fjJ t.{ I .r-•-r-- t 4 I E\'_ - . , � P 11 VI' If tiv,k •,.I k it , , s;,--,.. . ( __ _ t- — — tl r , • _RECEIVED 04/26/2019 ASPEN BUILDING DEPARTMENT