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HomeMy WebLinkAboutcoa.lu.su.1010 E Hopkins. AH A44-93 .,;--- ~ "~ " , CASELOAD SUMMARY SHEET City of Aspen ~ DATE RECEIVED: 08f24/93 DATE COMPLETE: '5Z]~ I PROJECT NAME: "East Exemption. Subdivision. and Special Review Project Address: 1010 E. Hopkins Legal Address: Lots F. G and H. Block 33. East Aspen Addition: Lot 5. Block 5. Riverside Addition and PARCEL ID AND CASE NO. 2737-181-11-002 A44-93 STAFF MEMBER: KJ Hopkins AH Development Rezoninq. GMOS Stream Marqin Review. Condominiumization \ APPLICANT: Aspen/Pitkin Housinq Office and the citv of Applicant Address: 530 E. Main st.. Lower Level. Aspen REPRESENTATIVE: Dave Tolen 920-5050 Representative Address/Phone: Aspen Aspen. CO 81611 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING $ # APPS RECEIVED 25 ENGINEER $ # PLATS RECEIVED HOUSING $ ENV. HEALTH $ TOTAL $ 0 STEP:~ TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: 2 P&Z Meeting Date !Jv+S PUBLIC HEARING: mv NO VESTED RIGHTS: YES NO ~~,~ CC Meeting D.te ~If'" DRC Meeting Date t!;;!' 'E /5: . /3 7-ND !JnN6 PUBLIC HEARING: ('YES) NO VESff~;T:~ 0/~ ~ (A71f) --------------------------------------------------------------- --------------------------------------------------------------- REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning ;x <x Parks Dept. School District Bldg Inspector Rocky Mtn NatGas Fire Marshal CDOT Holy Cross Clean Air Board Mtn. Bell Open Space Board ACSD ~ Other S'-\-n~c~'s Energy Center x: Other M/t('j ~16JeU' Cfb:\, p\.t.. ') <:) I /' .tt J )( 1Sf'J. l1I2-A;,i!- I DATE REFERRED: " I Ie" INITIALS: ()Vi DUE:. Of Il ;~;~~=~~~~~;~7===~============~~~;=~~~~;~7==zrcrq=~r=~;~~~~~7~ ~ City Engineer ~zoning Env. Health ~ Open Space _ other:~~51'S . x x =f= x -.d- CitY,Atty -A- HousJ.ng FILE STATUS AND LOCATION: Q,~~~ ~~ ~\~\\"I f:~ / MASTER DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF EAST HOPKINS THIS MASTER DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF EAST HOPKINS (the "Agreement") is made and entered into this:!i!L day of May, 1995, by {-to 6,,- t.",,,,..;.,, '&n"-~ do><.. (hereinafter referred to as "Declarant"), for the benefit of the parties and enforceable by the ASPEN/PITKIN COUNTY HOUSING AUTHORITY (hereinafter referred to as "APCHA"), a duly constituted multi-jurisdictional Housing Authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT by and between the City of Aspen, Colorado (the "City") and Pitkin County, Colorado (the "County"), dated September 26, 1989 and recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office. WIT N E SSE T H: WHEREAS, Declarant owns the real properly described in Exhibit "A" attached hereto and incorporated herein. For purposes of this Agreement, the real property and all dwellings, appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property"; and WHEREAS, as a condition of the approval granted by the City Council of Aspen, Colorado, for subdivision approval of the Properly, the Declarant is required to enter into this Agreement; and WHEREAS, Declarant agrees to restrict the acquisition or transfer of the Properly to "Qualified Buyers," as that term is defined in this Agreement, who fall within the Category 4 income range established and adopted by the APCHA from time to time in it's Affordable Housing Guidelines. In addition, the Declarant agrees that this Agreement shall constitute a resale agreement setting forth the maximum sale's price for which the Properly may be sold ("Maximum Sale's Price"), the amount of appreciation and the terms and provisions controlling the resale of the Property should Declarant's purchaser desire to sell its interest in the Properly at any time after the date of this Agreement. Finally, by this Agreement, Declarant agrees to restrict the Property against use and occupancy inconsistent with this Agreement. WHEREAS, "Qualified Buyers" are natural persons meeting the income, residency and all other qualifications set forth in the Aspen/Pitkin County Housing Authority Affordable Housing Guidelines (hereinafter "the Affordable Housing Guidelines"), or its substitute, as adopted by the APCHA, or its successor, and in effect at the time of the closing of the, sale from Declarant to the Qualified Buyer, and who must represent and agree pursuant to this Agreement to occupy the Properly as their sole place of residence, not to engage in any business activity on the Property, other than that permitted in that zone district or by applicable ordinance, and not to sell or otherwise transfer the Properly for use in a trade or business. WHEREAS, an "Owner" is a person or persons who is/are a Qualified Buyer who acquires an ownership interest in the Property in compliance with the terms and provisions of this Agreement; it being understood that such person or persons shall be deemed an "Owner" hereunder only during the period of this, her or their ownership interest in the Properly and shall be obligated hereunder for the full and complete performance and observance of all covenants, conditions and restrictions contained herein during such period. WHEREAS, a "Unit" is any of the units 1 through 4 which comprise the property. "..-( B~' H~J.'\' ~ L Lj0\ to (~j ~Q:J r... <:.... ~..o D Ui o D <:O:l ~ , UJ~ Q:J oS?! 1J ; ~ tij 1J+,- ~ -1 AS l-i tii Z"- oS?! n..o 0"- c..o Z 01 -1 -<oS?! G.J nu re iTI...o AID A l~i ~G:I ;U... J11 ~ o :::00 ~ij PI ;u-l> -I> m m:::o &f'l1 . n oS?! oS?! o o n NOW, THEREFORE, for value received, the receipt and sufficiency of which is hereby acknowledged, Declarant hereby represents, covenants and agrees as follows: . 1. The use and occupancy of the Properly shall henceforth be limited exclusively to housing for natural persons who meetthe definition of Qualified Buyers and their families. 2. An Owner, in connection with the purchase of this Properly or Unit, must: a) occupy any Unit within this Properly as his or her sole place of residence during the time that such unit is owned; b) not engage in any business activity on or in such Unit, other than permitted in that zone district or by applicable ordinance; c) sell or otherwise transfer such Unit only in accordance with this Agreement and the Affordable Housing Guidelines; and d) not sell or otherwise transfer such Unit for use in a trade or business; and e) not permit any use or occupancy of such Unit except in compliance with this Agreement. 3. Breach of Aareement: a. It shall be a breach of this Agreement for Owner to default in payments or other obligations due or to be performed under a promissory note secured by a first deed of trust encumbering the Property or a Unit. Owner must notify the APCHA,in writing, of any notification received from a lender, or its assigns, of past due payments or default in payment or other obligations due or to be performed under a promissory note secured by a first deed of trust, as described herein, within five calendar days of Owner's n.otification from lender, or its assigns, of said default or pastdue payments. Upon notification from Owner, as provided above, or other notice Qf such default, the APCHA may offer loan counseling or distressed loan services to the Owner, if any of these services are available, and is entitled to require the Owner to sell the Properly or a Unit to avoid the commencement of any foreclosure proceeding against the Property or a Unit. In the event that the APCHA determines that sale of the Properly or a Unit is necessary, Owner shall immediately execute a standard Listing Contract on forms appro- ved by the Colorado Real Estate Commission with the APCHA, providing for a 30-day listing period. At this time, the Owner shall deposit with APCHA an amount equal to one percent (1 %) of the estimated value of the Unit. If a sales contract has not been executed within the initial 30-day period, Owner shall extend the listing period for an additional 180 days, provided such ext.ension does not conflict with the statutory rights of any secured creditors. The APCHA shall promptly advertise the Property for sale by competitive bid to Qualified Buyers. At the time of closing, the Owner shall pay to APCHA an additional one percent (1%), for a maximum fee of two percen.t (2%). In the event of a listing of the Properly pursuant to this Paragraph 3, the APCHA is entitled to require the Owner to accept the highest of any qualified bids which satisfies th~Owner's financial or other obligations due under the promissory n.ote secured by a fir:;t deed of trust and deed of trust in favor of the APCHA, as described herein, and to sell the Properly to such qualified bidder. b. c. Upon receipt of notice as provided in paragraphs 3a and b, APCHA shall have the right, in it's sole discretion, to cure the default or any portion thereof. In such event, the Owner shall be personally liable to APCHA for past due payments made by the APCHA together with interest thereon at the rate specified in the promissory note secured by the first deed of trust, plus one percent (1 ojo),. and all actual expenses of the APCHA incurred in curing the default. The Owner shall be required by APCHA to execute a promissory note secured by deed of trust encumbering the Property in favor of the APCHA for the amounts expended by the APCHA as specified herein, including future advances made for such Master Deed Restriction Page :2 (,j ():J .... .... ..0 tij (P' I -.J. Q:J S iJ -I> tij UI oS?! tij '- oS?! ..0 '- ..0 tij s (;.j .. S ..0 1J 1J Gl rl) 9 " -I> -I> purposes. The Owner may cure the default and satisfy it's obligation to the APCHA under this subparagraph at any time prior to execution of a contract for sale, upon such reasonable terms as specified by the APCHA. Otherwise, Owner's indebtedness to the APCHA shall be satisfied from the Owner's proceeds at closing. 4. This Agreement shall constitute covenants running with the real properly, described in Exhibit "A", as a burden thereon, for the benefit of, and shall be specifically enforceable by the APCHA, the City Council for the City (the "City Council"), the Board of County Commissioners for the County (the "County"), and their respective successors and assigns, as applicable, by any appropriate legal action including but not limited to specific performance, injunction, reversion, or eviction of non-complying owners and/or occupants. 5. In the event that an Owner desires to sell the Property or Unit, the Owner shall execute a standard Listing Contract on forms approved by the Colorado Real Estate Commission with the APCHA providing for a 180-day listing period, or such other time period as required by the APCHA Affordable Housing Guidelines in effect at time of listing. At this time, the Owner shall deposit with APCHA an amount equal to one percent (1%) of the estimated value of the Unit. The APCHA shall promptly advertise the Properly 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 (1%), 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. MAXIMUM SALE'S PRICE 6. In no event shall the Property or a Unit be sold for an amount ("Maximum Sale's Price") in excess of the lesser of: a' $*(the owner's purchase price aoes here), 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 multiplied by the Consumer Price Index last published prior to the date of Owner's notice of intent to sell divided by the Consumer Price Index current at the date of this Agreement. In no event shall the multiplier be less than one (1). For purposes of this Agreement, "date of intent to sell" shall be the date of execution of a listing contract when required by this agreement, or if a listing contract is not otherwise necessary, the date shall be determined to be the date upon which a requirement for the Owner to sell is first applicable. NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A REPRESENTATION OR GUARANTEE BY THE APCHA OR THE CITY THAT ON SALE THE OWNER SHALL OBTAIN THE MAXIMUM SALE'S PRICE. 7. Determinina Maximum Sale's Price: a. For the purpose of determining the Maximum Sale's Price in accordance with this Section, the Owner may add to the amount specified in Paragraph 6 above, the cost of Permitted Master Deed Restriction Page 3 t~.i Q:J .... .... ..0 (Jl ::0 I -.J Q:J oS?! 1J I -I> tij "., ~ ....'! , oS?! ..0 , ..0 0- '-'1 oS?! r.~.! .. IS) ..0 " m t~J o Tl -I> -I> Capital Improvements (as defined in Exhibit "B") in a total amount not to exceed $~, which is ten percent (10%) of the initial listed purchase price set forth in paragraph 6a 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 7a. b. Permitted Capital Improvements shall not include any changes or additions to the Properly made by the Owner during construction or thereafter, except in accordance with Paragraph 7a above. Permitted Capital Improvements shall not be included in the APCHA's listed purchase price, even if made or installed during original construction. c. In order to qualify as Permitted Capital Improvements, the Owner must furnish to the APCHA the following information with respect to the improvements which the Owner seeks to include in the calculation of Maximum Sale's Price: 1) Original or duplicate receipts to verify the actual costs expended by the Owner for the Permitted Capital Improvements; 2) Owner's affidavit verifying that the receipts are valid and correct receipts tendered at the time of purchase; and 3) True and correct copies of any building permit or certificate of occupancy required to be issued by the Aspen/Pitkin County Building Department with respect to the Permitted Capital Improvements. d. For the purpose of determining the Maximum Sale's Price in accordance with this Section, the Owner may also add to the amount speCified in Paragraphs 6 and 7a, 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 required by Paragraph 7c, 1) - 3). e. In calculating the costs under Paragraphs 7a and 7d, only the Owner's actual out-of- pocket costs and expenses shall be eligible for inclusion. Such amount shall not include an amount attributable to Owner's "sweat equity" or to any appreciation in the value of the improvements. 8. All disputes between the Owner and the administrative staff of the APCHA shall be heard in accordance with the grievance procedures set forth in the Affordable Housing Guidelines. 9. 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. 10. In the event that one qualified bid is received equal to the Maximum Sale's Price herein established, the Property shall be sold to such bidder at the Maximum Sale's Price; and in the event Owner receives two or more such bids equal to the Maximum Sale's Price, the Qualified Buyer shall be selected according to the priority for Sale Units set forth in the Affordable Housing Guidelines; and, in the event that all such qualified bidders are of equal priority pursuant to the Affordable Housing Guidelines, the Qualified Buyer shall be selected by lottery among the qualified Master Deed Restriction Page 4 (.0.) Q:J .... .... ..0 Oi '" I --.j Q:J oS?! "0 I -I> (,ii --.j o tij , oS?! ..0 , ..0 tij o (.0.) o ..0 1J -0 ill ..,. o -n -I> ..,. bidders, whereupon the Property or Unit shall be sold to the winner of such lottery at the Maximum Sale's Price. If the terms of the proposed purchase contract, other than price, as initially presented 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 closing date 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 then 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 Housing Guidelines pertaining to the listing fee. Bids in excess of the Maximum Sale's Price shall be rejected. If all bids are below Maximum Sale's Price, Owner may accept the highest qualified bid. If all bids are below Maximum Sale's Price and two or more bids are for the same price, the Qualified Buyer shall be selected by lottery from among the highest qualified bidders. 11. In the event that title to the Property or a Unit vests by descent in individuals and/or entities who are not Qualified Buyers as that term is defined herein (hereinafter "Non-Qualified Transferee(s)"), the Property or Unit shall immediately be listed for sale as provided in Paragraph 5 above (including the payment of the specified fee to the APCHA), and the highest bid by a Qualified Buyer, for not less than ninety-five percent (95%) of the Maximum Sale's Price or the appraised market value, whichever is less, shall be accepted; if all bids are below ninety-five percent (95%) of the Maximum Sale's Price or the appraised market value, the Properly or Unit shall continue to be listed for sale until a bid in accordance with this section is made, which bid must be accepted. The cost of the appraisal shall be paid by the Non-Qualified Transferee(s). a. Non-Qualified Transferee(s) shall join in any sale, conveyance or transfer of the Properly or Unit to a Qualified Buyer and shall execute any and all documents necessary to do so; and b. Non-Qualified Transferee(s) agree not to: 1) occupy the Properly or said Unit; 2) rent all or any part of the Property or Unit, except in strict compliance with Paragraph 15 hereof; 3) engage in any other business activity on or in the Properly or Unit; 4) sell or otherwise transfer the Properly or Unit except in accordance with this Agreement and the Affordable Housing Guidelines; or 5) sell or otherwise transfer the Property or Unit for use in a trade or business. c. The APCHA, the City, the County, or their respective successors, as applicable, shall have the right and option to purchase the Property or Unit, exercisable within a period of fifteen (15) calendar days after receipt of any sales offer submitted to the APCHA by a Non- Qualified Transferee(s), and in the event of exercising their right and option, shall purchase the Properly or Unit from the Non-Qualified Transferee(s) for a price of ninety- five percent (95%) of the Maximum Sale's 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 Properly or Unit. d. Where the provisions of this Paragraph 11 apply, the APCHA may require the Owner to rent the Properly or Unit in accordance with the provisions of Paragraph 15, below. OWNER RESIDENCE 12. The Properly and all Units shall be and is/are to be utilized only as the sole and exclusive place of residence of an Owner. Master Deed Restriction Page 5 (,) Q:J .... .... ..0 U! (p I ~ ():) oS?! Tl i .j:- t!'i Q:J oS?! (11 , oS?! ..0 , ..0 tij oS) t,) .. oS?! ..0 1J 1J m OJ o "T] .j:- -I> 13. In the event Owner changes domicile or ceases to utilize the Properly or Unit as his sole and exclusive place of residence, the Properly or Unit will be offered for sale pursuant to the provisions of Paragraph 11 of this Agreement. Owner shall be deemed to have changed Owner's domicile by becoming a resident elsewhere or accepting permanent employment outside Pitkin County, or residing on the Properly or Unit for fewer than nine (9) months per calendar year without the express written approval of the APCHA. Where the provisions of this Paragraph 13 apply, the APCHA may require the Owner to rent the Property or Unit in accordance with the provisions of Paragraph 15, below. 14. If at any time the Owner of the Properly or Unit also owns any interest alone or in conjunction with others in any developed residential properly or dwelling unit(s) located in Eagle, Garfield, Gunnison or Pitkin Counties, Owner agrees to immediately list said other property or unit for sale and to sell Owner's interest in such properly at a sales price comparable to like units or properties in the area in which the property or dwelling unit(s) are located. In the event said other properly 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 Properly or Unit for sale pursuant to the provisions of Paragraph 11 of this Agreement. It is understood and agreed between the parties hereto that, in the case 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 developed residential properly" or "dwelling unit(s)" as those terms are used in this Paragraph 14. RENTAL 15. Owner may not, except with prior written approval of the APCHA, and subject to APCHA's conditions of approval, rent the Properly or Unit for any period of time. Prior to occupancy, any tenant must be approved by the Homeowner'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 Guidelines. The APCHA shall not approve any rental if such rental is being made by Owner to utilize the Properly or 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 which 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 payments, taxes, property insurance, condominium or homeowners assessments, utilities remaining in owner's name, plus an additional twenty dollars ($20) and a reasonable (refundable) security deposit. The requirements of this paragraph shall not preclude the Owner from sharing occupancy of the Property or Unit with non-owners on a rental basis provided Owner continues to meet the obligations contained in this Agreement, including Paragraph 12. 16. IN NO EVENT SHALL THE OWNER CREATE AN ADDITIONAL DWELLING UNIT, AS DEFINED IN THE PITKIN COUNTY OR CITY OF ASPEN LAND USE CODES, IN OR ON THE PROPERTY. 17. NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE THE APCHA TO PROTECT OR INDEMNIFY THE OWNER AGAINST ANY LOSSES ATTRIBUTABLE TO THE RENTAL, INCLUDING (NOT BY WAY OF LIMITATION) NON-PAYMENT OF RENT OR DAMAGE TO THE PREMISES; NOR TO REQUIRE THE APCHA TO OBTAIN A QUALIFIED TENANT FOR THE OWNER IN THE EVENT THAT NONE IS FOUND BY THE OWNER. Master Deed Restriction Page 6 t'J ()) ... .... ..0 tij (p I -.; ()) oS?! 1J I -I> (Ji ..0 o en , o ..0 , ..0 tij o t.) o ..0 1J ~ m 'J' o 'TI -I> -I> BREACH 18. In the event that APCHA has reasonable cause to believe the Owner is violating the provisions of this Agreement, the APCHA, by it's authorized representative, may inspect the Properly or Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner with no less than 24 hours' written notice. 19. The APCHA, in the event a violation of this Agreement is discovered, shall send a notice of violation to the Owner detailing the nature of the violation and allowing the Owner fifteen (15) days to cure. Said notice shall state that the Owner may request a hearing before APCHA within fifteen (15) days to determine the merits 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 based on the record of such hearing shall be final for the purpose of determining if a violation has occurred. REMEDIES 20. There is hereby reserved to the parties hereto any and all remedies provided by law for breach of this Agreement or any of its terms. In the event the parties resort to litigation with respect to any or all provisions of this Agreement, the prevailing party shall be entitled to recover damages and costs, including reasonable attorneys' fees. 21. In the event the Property or 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 purported buyer. Each and every conveyance of the Property or Unit, for all purposes, shall be deemed to include and incorporate by this reference, the covenants herein contained, even without reference therein to this Agreement. 22. In the event that the Owner fails to cure any breach, the APCHA may resort to any and all available legal action, including, but not limited to, specific performance of this Agreement or a mandatory injunction requiring sale of the Property or Unit by Owner as specified in Paragraphs 3, 11, 13, and 14. The costs of such sale shall be taxed against the proceeds of the sale with the balance being paid to the Owner. 23. In the event of a breach of any of the terms or conditions contained herein by the Owner, his heirs, successors or assigns, the APCHA's initial listed purchase price of the Properly or Unit as set forth in Paragraph 6a of this Agreement shall, upon the date of such breach as determined by APCHA, automatically cease to increase as set out in Paragraph 6 of this Agreement, and shall remain fixed until the date of cure of said breach. FORECLOSURE 24. If FNMA-type financing is used to purchase the Properly or Unit, as determined by the APCHA, the APCHA and the Board may, pursuant to that certain Option to Buy executed and recorded of even date herewith, the terms of which are incorporated in this Agreement by this reference as if fully set forth herein, agree to release and waive their ability to enforce the resale deed restric- tions contained herein, in the event of foreclosure, provided that said Option to Buy grants to the APCHA aQd the Board, as the designee of the APCHA, the option to acquire the Properly or Unit within thirly (30) days after the issuance of a pUblic trustee's deed to the holder (including assigns Master Deed Restriction Page 7 r..~J Q:J .... ... ..0 tij W I '" Q:J oS?! n r -I> 0' oS?! oS?! tn , o ..0 , ..0 tij oS?! r..~; oS?! ..0 1J 1J GJ '" o "T1 -I> -I> '---. of the holder) of the promissory note secured by a first deed of trust for an option price not to exceed the redemption price on the last day of all statutory redemption period(s) and any additional 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 Property or Unit to Qualified Buyers as that term is defined herein, or rent the Properly or Unit to qualified tenants who meet the income, occupancy and all other qualifications, established by the APCHA in its Affordable Housing Guidelines until sale to a Qualified Buyer is effected. GENERAL PROVISIONS 25. Notices. Any notice, consent or approval which is required to be given hereunder shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully 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: .. To APCHA: Executive Director Aspen/Pitkin County Housing Authority 530 East Main, lower Level Aspen, Colorado 81611 To Owner: To be determined by a later recorded memorandum encumbering each individual Properly or Unit. 26. Exhibits. All exhibits attached hereto (Exhibits "A" and "B") are incorporated herein and by this reference made a part hereof. 27. Severability. Whenever possible, each provIsion of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such document. 28. Choice of Law. This Agreement and each and every related document is to be governed and construed in accordance with the laws of the State of Colorado. 29. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. 30. Section HeadinCls. Paragraph 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. Master Deed Restriction Page 8 t,) ():) ~ .... <.D tij ttl I ~ (b ~ 11 i -I> o;ro .... o tij , o ..0 , ..0 lij o ;..) .. oS?! ..0 1J Tl G1 CP o Ti -I> -I> 31. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Agreement. However, the parly for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. 32. Gender 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. 33. Personal Liabilitv. Owner agrees that he or she shall be personally liable for any of the transactions contemplated herein. 34. Further Actions. The parties to this Agreement agree to execute such further documents and take such further actions as may be 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. 35. Modifications. The parties to this Agreement a9ree that any modifications of this Agreement shall be effective only when made by writings signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. Notwithstanding the foregoing, the APCHA reserves the right to amend this Agreement unilaterally where deemed necessary to effectuate the purpose and intent of this Agreement, and where such unilateral action does not materially impair the Owner's rights under this Agreement. 36. Owner and Successors. The term "Owner" shall mean the person or persons who shall acquire an ownership interest in the Properly or Unit in compliance with the terms and provisions of this Agreement; it being understood that such person or persons shall be deemed an "Owner" hereunder only during the period of his, her or their ownership interest in the Properly or Unit and shall be obligated hereunder for the full and complete performance and observance of all covenants, conditions and restrictions contained herein during such period. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. DECLARANT: Title: STATE OF ) ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this , 1994, by day of Witness my hand and official seal; my commission expires: Notary Public Master Deed Restriction Page 9 '" en .... .... ..0 tn l:P ! --J '" oS?! ." f -I> 0' m oS?! tij , oS?! ..0 , ..0 tij oS?! t~j oS?! ..0 ." d) ..0 o Ti -I> -I> ACCEPTANCE BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY The foregoing Master Deed Restriction Agreement for the Occupancy and Resale of East Hopkins of the Aspen/Pitkin County Housing Authority and its terms are hereby adopted and declared by the Aspen/Pitkin County Housing Auth . By: Tille: .-:0; r'P r~-b.-'r STATE OF COLORADO ) ) ) ss. COUNTY OF PITKIN /}..Jfo... Y'vI.....j instrument was acknowledged before me this ::!..-- day of ~ 1995, by Witness my hand and official sealJ My commission expires: '71~r 70 clc:\word\ehopkins\mstr.dr Master Deed Restriction Page 10 t.J Q:J ... ... ..0 tij (p , -..; Q:J o iJ ! -I> tJ' W oS?! tij , o ..0 , ..0 (Ji o t~J .. oS?! ..0 1J 1J GJ ... oS?! o 'TI -I> -I> EXHIBIT "A" Legal Description Condominium Unit _, East Hopkins Condominiums, pursuant to the Condominium Declaration recorded in Book _ at Page _ of the records of Pitkin County, Colorado. t.J CD .... ... ..0 ()! (p I -o,J CD (';) T1 i -I> 0' -I> oS?! (.11 , oS?! ..0 , -<.1) tij oS?! (~J oS?! ..0 '1J T1 Gi .... ... o '1 -I> -I> Restriction Page 11 EXHIBIT "B" Permitted Capital Improvements 1. The term "Permitted Capital Improvement" as used in the Agreement shall only include the following: a. Improvements or fixtures erected, installed or attached as permanent, functional, non- decorative improvements to real property, excluding repair, replacement and/or maintenance improvements; b, Improvements for energy and water conservation; c, Improvements for the benefit of seniors and/or handicapped persons; d. Improvements for health and safety protection devices; e. Improvements to add and/or finish permanent/fixed storage space; f. Improvements to finish unfinished space; and/or g. The cost of adding decks and balconies, and any extension thereto. 2. Permitted Capital Improvements as used in this Agreement shall not include the following: a. Landscaping; b. Upgrades of appliances, plumbing and mechanical fixtures, carpets, and other similar items included as part of the original construction of the unit; c. Jacuzzis, saunas, steam showers and other similar items; d. Improvements required to repair, replace and maintain existing fixtures, appliances, plumbing and mechanical fixtures, painting, carpeting and other similar items; e. Upgrades or addition of decorative items, including lights, window coverings, and other similar items. 3. All Permitted Capital Improvement items and costs shall be approved by the APCHA staff prior to being added to the Maximum Resale Price as defined herein. Master Deed Restriction Page 12 to) CO ... ... ..0 tii (p I ...; Q:J oS?! 1J , ~ 0' u1 o u1 , oS?! ..0 , ..0 G1 o (.j oS?! ..0 1J ~ c5 .... r(l o Tj -I> -I> CONDOMINIUM DECLARATION FOR THE EAST HOPKINS CONDOMINIUMS WHEREAS, the Aspen/Pitkin County Housing Authority, organized pursuant to the provisions of C.R.S. 29-4-501, et seo., hereinafter called "Declarant," is the owner of that real properly situated in the County of Pitkin, State of Colorado, more fully described in Exhibit A attached hereto and made a part hereof; and WHEREAS, Declarant desires to establish a condominium project under the Colorado Common Interest Ownership Act, C.R.S. 38-33.3-101, et seo., of Colorado; and WHEREAS, Declarant contemplates the construction of one (1) building and improvements within the real properly described on Exhibit A, such improvements consisting of four (4) separately designated residential condominium units and other improvements; and WHEREAS, Declarant does hereby establish a plan for the ownership in fee simple of the real property estates currently constructed and hereafter constructed on said real properly consisting of the area or space contained in each of the air space units in the building improvements currently constructed and hereafter constructed and the co-ownership by the individual and separate owners thereof, as tenants in common, of all of the remaining property hereinafter defined and referred to as the common elements. NOW, THEREFORE, Declarant does hereby publish and declare that the following terms, covenants, conditions, easements, restrictions, uses, limitations and obligations shall be deemed to run with the land, shall be a burden and a benefit to Declarant, its successors or assigns, and any person or entity acquiring or owning an interest in the real property and improvements, and their devisees or assigns. I. DEFINITIONS 1. Definitions. Unless the context shall expressly provide otherwise, the following definitions shall apply: 1.1 Allocated Interests. "Allocated interests" means the undivided interest in the common elements, the common expense liability, and votes in the Association. 1.2 Association. "Association" means the East Hopkins Condominium Association. 1.3 Buildino. "Building" means any building constructed on the properly. 1.4 Bvlaws. "Bylaws" means the instrument adopted by the Association for its regulation and management, together with any amendments thereto. 1.5 Common Elements. "Common elements" means all portions of the project other than the units. 1.6 Common Expense Liability. "Common expense liability" means the liability for common expenses allocated to each unit. Condominium Declaration for East Hopkins Page 1 JJ.J OJ .... .... ..0 Ul tl:! I -..j OJ oS?! Tl ! -I> (J'o (J'o oS?! tij , oS?! ..0 , ..0 tij oS?! (.J .. oS?! ..0 1J 1J GJ ... (~j o Tl -I> -I> 1.7 Common Expenses. "Common expenses" means expenditures made or liabilities incurred by or on behalf of the Association, together with any allocations to reserves. 1.8 Declarant. "Declarant" means the Aspen/Pitkin County Housing Authority. 1.9 Declaration. "Declaration" means this instrument creating the project including any amendments hereto and also the plats and maps of the East Hopkins Condominiums. 1.10 Executive Board. "Executive Board" means the body designated herein to act on behalf of the Association. t.J Q:J 1.11 Limited Common Element. "Limited common element" means a portion of the common elements allocated herein or by operation of law for the exclusive use of one or more units and fewer than all of the units. 1.12 Person. "Person" means a natural person, a corporation, a partnership, an association, a trust, or any other entity or any combination thereof. 1.13 Points. "Points" are numerical figures assigned to each unit to fix the proportionate interest of the unit owner in common elements, and the proportionate share of the total assessments levied by the Association to be borne by that unit owner. The number of points assigned to each unit is set forth in Exhibit B hereto. "Total points" means the total of points assigned for all units in the project. 1.14 Proiect. "Project" means the East Hopkins Condominiums located on the properly, pursuant to the plats and maps thereof recorded in the records of the Pitkin County Clerk and Recorder. 1.15 Real Propertv and Propertv. "Real properly" and "property" means the real property located in Pitkin County, Colorado, described in Exhibit A attached hereto, together with all rights and interests appurtenant thereto. 1.16 Special Declarant RiClhts. "Special Declarant rights" means rights reserved for the benefit of the Declarant to complete improvements indicated on the plats and maps filed with the Declaration; to use easements through the common elements for the purpose of making improvements within the project; or to appoint or remove any officer of the Association or any Executive Board member during the period of Declarant control. 1.17 Unit. "Unit" means a physical portion of the project which is designated for separate ownership or occupancy and the boundaries of which are described in or determined from this Declaration. 1.18 Unit Owner. "Unit owner" means the Declarant or other person who owns a unit, but does not include a person having an interest in a unit solely as security for an obligation. The Declarant is the owner of any unit created by this Declaration until the unit is conveyed to another person. 1.19 CCIOA. "CCIOA" means the Colorado Common Interest Ownership Act, C.R.S. 38-33.3-101, et seCl. II. DECLARATION AND EFFECT THEREOF 2.1 Condominium Map. In addition to the requirements of C.R.S. 33-33.3-209, the map shall depict and show at least the following: Condominium Declaration for East Hopkins Page 2 ... ~ ..0 tij (p I -.j Q:J o "iJ I -I> 0' -.j oS?! tij " oS?! ..0 , ..0 tij oS?! to .. o ..0 1J 1J G"J ... -I> ~ ~ lj -I> -I> (a) The legal description of the land and a survey thereof; the location of the buildings; the floor and elevation plans; the location of the units within the buildings, both horizontally and vertically; the thickness of the common walls between or separating the units; the location of any structural components or supporting elements of a unit located within a building; and the building and unit designations. (b) The map shall contain the certificate of a registered Colorado land surveyor or licensed architect, or both, certifying that the map substantially depicts the location and the horizontal and vertical measurements of thebuiidings, the units, the unit designations, the dimensions of the units, the elevations of the unfinished floors and ceilings as constructed, the building number or symbol, and that such map was prepared subsequent to substantial completion of the improvements. Any amendment to the map shall set forth a like certificate when appropriate. In interpreting the map the existing physical boundaries of each separate unit as constructed shall be conclusively presumed to be its boundaries. Declarant reserves the right to amend or supplement the map, from time to time, to conform the same according to the actual location of any of the constructed improvements or to reflect construction of additional improvements, to establish, vacate and relocate easements, access road easements, and on-site parking areas, and to otherwise correct or conform the map to reflect locations of improvements, additions, or changes in the real properly which are consistent with and in accordance with the terms and provisions of the Declaration. 2.2 Division Into Condominium Units. The project is hereby divided into four (4) units. Said units are shown on the condominium map and are designated thereon. Each unit consists of a separate fee simple estate in a particular unit and an appurtenant undivided fee simple interest in and to the common elements. Each owner shall own an undivided interest in the appurtenant common elements as a tenant in common with the other owners. Each owner shall have the nonexclusive right to use and enjoy the general common elements as designated on the condominium map and shall have the exclusive right to use and enjoy any limited common elements which are designated for such exclusive use with respect to his or her particular unit, subject to the provisions of this Declaration. 2.3 Undivided Interests in Common Elements. The undivided interest in common elements appurtenant to a particular unit is a fraction, the numerator of which is the number of points assigned to that unit as set forth in Exhibit B attached hereto and the denominator of which is the total points in the project as set forth in Exhibit B attached hereto. Each unit owner shall own his or her appurtenant undivided interest in common elements as a tenant in common with all other owners. 2.4 Limited Common Elements. (a) A portion of the general common elements is reserved for the exclusive use of individual owners of the respective units. The limited common elements are allocated as shown on the condominium map. Such allocation may not be altered without the consent of the unit owners whose units are affected. (b) The limited common elements shall include those described in Section 2.11 of this Declaration. Condominium Declaration for East Hopkins Page 3 (...j Q:J .... ... ..0 tij III I -..j ():) '" T1 f -I> 0' Q:J oS?! (,1 , oS?! ..0 , ..0 t~ oS?! t.J oS?! ..0 1J 1J G) .... tij ~ ~ Tj .... J.. "----.--..-. 2.5 Description of a Condominium Unit. (a) Any instrument affecting a unit may legally describe it in the following form: Condominium Unit , East Hopki~s Condominiums, pursuant to the Condominium Declaration recorded in Bo~k _ at Page _ of the records of Pitkin County, Colorado. (b) Any conveyance or other instrument affecting title to a unit or any part thereof describing the unit in substantially the foregoing form shall be deemed to include and describe the entire unit including the appurtenant undivided interest in common elements and all of the rights, easements, obligations, limitations, encumbrances, conditions and restrictions benefiting or burdening the unit under the terms of this Declaration. (c) Any reference to a unit in the East Hopkins Condominiums in any description shall mean a unit in the East Hopkins Condominiums according to the condominium map and this Declaration, all as filed and recorded in the office of the Clerk and Recorder of Pitkin County, Colorado. 2.6 Duration of Condominium Ownership. The condominium ownership of the project created under this Declaration shall continue until this Declaration is terminated or revoked as hereinafter provided. 2.7 Inseparabilitv of Condominium Unit. The interest of an owner in a unit and the appurtenant undivided interest in common elements which constitute a unit shall be inseparable for the period of condominium ownership hereinabove described. 2.8 Partition of Common Elements not Permitted. The common elements shall be owned in common by all owners of units, and no owner may bring any action for partition thereof. 2.9 Ad Valorem Taxation. All taxes, assessments and other charges of the State of Colorado or of any political subdivision or of any special improvement district or of any other taxing or assessing authority shall be assessed against and collected on each unit separately and not on .the buildings or project as a whole and each unit shall be carried on the tax books as a separate and distinct parcel. For the purposes of valuation for assessment, the valuation of the common elements shall be apportioned among the units in proportion to the fractional undivided interest in common elements appurtenant to and part of the units. The Declarant shall deliver to the County Assessor of Pitkin County, Colorado a written notice as required by the CCIOA, setting forth descriptions of the units and shall furnish all necessary information with respect to such apportionment of valuation of common elements for assessment. The lien for taxes assessed to any unit shall be confined to that unit. No forfeiture or sale of any unit for delinquent taxes, assessments or other governmental charges shall divest or in any way affect the title to any other unit. 2.10 Mechanics Lien. No labor performed or materials furnished for use in connection with any unit with the consent or at the request of the owner thereof or his agent, contractor, or subcontractor shall create any right to file a statement of mechanic's lien against the unit of any other owner not expressly consenting to or requesting the same or against any interest in the common elements except the undivided interest therein appurtenant to the unit of the owner for whom such labor shall have been performed and such materials shall have been furnished. Each owner shall indemnify and hold harmless each of the other owners from and against liability or loss arising from the claim of any lien against the unit, or any part thereof, or any other owner for labor performed or for materials furnished in work on the first owner's unit. At the written request of any owner, the Condominium Declaration for East Hopkins Page 4 c.~.l ():l .... .... ..0 tij (p i -..J ():l oS?! Tl i -I> f1'o ..0 o tij , oS?! ..0 , ..0 tij o (,~.! .. 51 ..0 1J 1J G1 .... f1'o o '1 -I> -I> Association shall enforce such indemnity by collecting from the owner of the unit on which the labor was performed and materials furnished the amount necessary to discharge any such lien, including all costs incidental thereto, including attorneys' fees. If not promptly paid, the Association may collect the same in the manner provided herein for collection of assessments. 2.11 Unit Boundaries: Subdivision. (a) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, and finished flooring and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements. (b) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or other fixture lies partiallY within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements. (c) Subject to the above, all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit. (d) Any shutters, awnings. window boxes, doorsteps, stoops, porches, balconies, and patios and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit. (e) The boundaries between adjoining units may not be relocated. (f) A unit may not be subdivided into two or more units. (g) A limited common element may be reallocated between or among units if the owners of those units, as the applicants, submit an application for approval of the proposed reallocation to the Executive Board, which application shall be executed by those unit owners and shall include: (i) The proposed form for an amendment to the Declaration as may be necessary to show the reallocation of limited common elements between or among units; (i1) A deposit against attorneys' fees and costs which the Association will incur in reviewing and effectuating the application, in an amount reasonably estimated by the Executive Board; and (Iii) Such other information as may be reasonably requested by the Executive Board. No reallocation shall be effective without the approval of the Executive Board. The reallocation shall be effectuated by an amendment signed by the Association and by those unit owners between or among whose units the reallocation is made, which amendment shall be recorded as provided in C.R.S. 38-33.3-217(3). All costs and attorneys' fees incurred by the Association as a result of the application shall be the sole obligation of the applicants. Condominium Declaration for East Hopkins Page 5 (0 Q:J <-'- .... oJ:) tij (p I --..I (p oS?! 1J . .i- --..I o oS?! t~ , oS?! oJ:) , oJ:) 01 oS?! (.) oS?! oJ:) 1J T1 G1 .... --..I o " -I> -I> ......._._-~.".- III. VARIOUS RIGHTS AND EASEMENTS 3.1 Special Declarant Riohts. The special Declarant rights defined herein may be exercised by declarant for a period of two (2) years from the date hereof. 3.2 Owner's Riohts in General Common Elements. Subject to the other provisions of the Declaration, each owner, and each owner's guests, shall have a nonexclusive right to use and enjoy the common elements, provided there is no hindrance or encroachment upon the rights and enjoyment of other owners. 3.3 Owner's Riohts in Units. Subject to the other provisions of the Declaration, each owner shall have full and complete dominion and ownership of the unit which is owned by such owner and such owner's guests shall have the exclusive right to use and enjoy the same. Each owner shall have the right to paint, repaint, tile, wax, paper and otherwise refinish and decorate the interior surfaces of the walls, ceilings, floors and doors which are the boundaries of his unit and the walls, ceilings and floors and doors within the boundaries of his unit. A unit owner may make any improvements or alterations to his or her unit that do not impair the structural integrity, electrical systems, or mechanical systems or lessen the support of any portion of another's units or a common element. A unit owner may not change the appearance of the common elements without the approval of the Association. 3.4 Association Riohts and Easements. The Association shall have a nonexclusive right and easement to make such use of the common elements and units as may be necessary or appropriate for it to perform the duties and functions which it is obligated or permitted to perform under this Declaration; provided, however, that any entry into a unit shall be made with as little inconvenience as practicable to the Owner and that any damage to the unit entered shall be repaired by, and at the expense of, the Association. 3.5 Access for Metro Sanitation. There is hereby specifically reserved for the benefit of the Aspen Consolidated Sanitation District, a right of access over and across all common elements to each unit surface element (constituting a part of the sewage system of the Subdivision) for the purpose of providing' service. 3.6 Easements for Encroachments. If any unit or part of the common elements encroaches or shall hereafter encroach upon another unit or common element, a valid easement for such encroachment and for the maintenance of the same shall and does exist. The easement does not relieve a unit owner of liability in case of willful misconduct nor relieve the Declarant or any other person of liability for failure to adhere to the plat and maps. Such encroachments shall not be considered to be encumbrances either on the common elements or a unit. Encroachments referred to herein include, but are not limited to, encroachments caused by error in the original construction of the building, by error in the condominium map, by settling, rising or shifting of the earth, or by changes in position caused by repair or reconstruction of the project or any part thereof. 3.7 Easements in Units for Repair. Maintenance and Replacement. Some of the common elements are or may be located within a unit or may be conveniently accessible only through a unit. Each owner shall have an easement, which may be exercised by the Association as his agent, and the Association shall have an easement for access to each unit and to all common elements from time to time during such reasonable hours as may be necessary for the maintenance, repair or replacement of any of the common elements located therein or accessible therefrom or for making emergency repairs therein necessarY to prevent damage to the common elements or to any unit. Condominium Declaration for East Hopkins Page 6 t~.i Q:J ... .... ..0 Ui O:l I -.j Q:J oS?! 1J i -I> -.j .... oS?! CJ'1 , o ..0 "- ..0 tij o t.) oS?! ..0 1J 1J GJ .... Q:J o "Ti -I> -l> 3.8 Easements Deemed Aoourtenant. The easements and rights herein created for an owner shall be appurtenant to the unit of that owner and all conveyances of and other instruments affecting title to a unit shall be deemed to grant and reserve the easements and rights as are provided for herein, even though no specific reference to such easements appears in any such conveyance. IV. RIGHTS. POWERS AND OBLIGATIONS OF THE ASSOCIATION 4.1 Association as Attornev-in-Fact for Owners. The Association is hereby irrevocably appointed by Declarant, as owner of all units, as attorney-in-fact for Declarant and its successors and assigns as owners of units and each of them to manage, control and deal with the interest of such owner in common elements so as to permit the Association to fulfill all of its duties and obligations hereunder and to exercise all of its rights hereunder; to deal with the project upon its destruction or obsolescence as hereinafter provided; and to deal with and handle insurance and insurance proceeds and condemnation and condemnation awards in accordance with the provisions of this Declaration. The acceptance by any person or entity of any interest in any unit shall constitute an appointment by that person or entity of the Association as attorney-in-fact as above provided. 4.2 Powers of Association. The Association may: (a) Adopt and amend bylaws and rules and regulations; (b) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from unit owners; (c) Hire and terminate managing agents and other employees, agents, and independent contractors; (d) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the project; (e) Make contracts and incur liabilities; (f) Regulate the use, maintenance, repair, replacement, and modification of common elements; (g) Cause additional improvements to be made as a part of the common elements; (h) Acquire and hold in its own name any right, title, or interest to real or personal properly; (i) Grant easements, leases, licenses, and concessions through or over the common elements; (j) Impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements other than limited common elements described in Section 2.11; (k) Impose charges for late payment of assessments, recover reasonable attorneys' fees and other legal costs for collection of assessments and other actions to enforce the power of the Association, regardless of whether or not suit was initiated, and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the Association; (I) Impose reasonable charges for the preparation and recordation of amendments to the Declaration or statements of unpaid assessments; Condominium Declaration for East Hopkins page.7 (~.! Q:J .... .... oJ) tr, !J:I I --.J Q:J oS?! T\ i -l> --.J rt;1 oS?! tij , oS?! ..0 , ..0 tij oS?! t.) oS?! ..0 " T\ rii .... oJ) o 'TJ -I> -I> (m) Provide for the indemnification of its officers and Executive Board and maintain directors' and officers' liability insurance; (n) Assign its right to future income, including the right to receive common expense assessments, but only to the extent the Declaration expressly so provides; (0) Exercise any other powers conferred by the Declaration or bylaws; (p) Exercise all other powers that may be exercised in Colorado by legal entities of the same type; and (q) Exercise any other powers necessary and proper for the government and operation of the Association. 4.3 Common Elements and Utilities. (a) The Association shall be obligated to and shall provide for the care, operation, management, maintenance, improvement, repair and replacement of the common elements (including the limited common elements) and for utility service to the common elements and to units. Without limiting the generality of the foregoing, said obligations shall include keeping the common elements in good, clean, attractive and sanitary condition, order and repair; removing snow and any other materials from the common elements to permit access to the project and any unit; keeping the project safe, attractive and desirable; making necessary or desirable alterations, additions, betterments or improvements to or on the general common elements; and paying utility charges except separately metered utilities which shall be paid by the owner or user of the space served thereby. No prior approval of owners shall be required for such work but prior approval of the Association, acting through its officers or Executive Board, shall be required for all such work. Each unit owner shall afford to the Association all the other unit owners, and to the agents and employees, access through such owner's unit reasonably necessary for these purposes. (b) If damage is inflicted, or a strong likelihood exists that it will be inflicted, on the common elements or any unit through which access is taken, the unit owner responsible for the damage, or expense to avoid damage, or the Association if it is responsible, is liable for the cost of prompt repair. (c) Maintenance, repair or replacement of any drainage structure or facilities, or other public improvements required by the City of Aspen as a condition of development or any part thereof shall be the responsibility of the Association, unless such improvements have been dedicated to and accepted by the City of Aspen for the purpose of maintenance, repair, or replacement or unless such maintenance, repair, or replacement has been authorized by law to be performed by a special district or other municipal or quasi-municipal entity. (d) In addition to the liability that a Declarant as a unit owner has under this article, the Declarant alone is liable for all expenses in connection with real estate subject to development rights. No other unit owner and no other portion of the common interest community is subject to a claim for payment of those expenses. Unless the Declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the Declarant. 4.4 Convevance or Encumbrance of Common Elements. Neither the common elements nor any portion thereof may be conveyed or subjected to a security interest by the Association. Condominium Declaration for East Hopkins Pa.ge 8 (,J ():l .... ,.. ..0 c..ri O:l ; --i Q:J oS?! 1J J -I> --i (,J '" tn , o '" , '" U! o (~; .. '" ..0 1J 1J G) n) 5' o OJ -I> -I> 4.5 Accountina. Billina and Record Keeoina. The Association shall maintain such records, keep such accounts and do such billing and collecting as is needed in connection with its activities and under this DeClaration. Financial records shall be sufficiently detailed to enable the Association to comply with Section 6.9 concerning statements of unpaid assessments. 4.6 Labor and Services. The Association may obtain and pay for the services of any person or entity to manage its affairs, or any part thereof, to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper operation of the project, whether such personnel are furnished or employed directly by the Association or by any person or entity with whom or which it contracts. The Association may obtain and pay for legal and accounting services necessary or desirable in connection with the operation of the project or the enforcement of this Declaration. The Association may arrange with others to furnish lighting, heating, water, trash collection, sewer service and other common services to each unit. 4.7 Personal Prooertv of Association. The Association may acquire and hold tangible and intangible personal property and may dispose of the same by sale or otherwise. Subject to the rules and regulations of the Association, each owner may use such property. Upon termination of condominium ownership of the project and dissolution of the Association, the beneficial interest in any such properly shall be deemed to be owned by the then owners in the same proportion as their respective interests in the common elements. 4.8 Rules and Reaulations. The Association may make and enforce reasonable and uniformly applied rules and regulations governing the use of units and of common elements. The Association shall make reasonable efforts to furnish each owner with a written copy of each rule or regulation adopted pursuant to this section. The Association may suspend any owner's voting rights in the Association or right to use any recreational facility which may be part of the common elements during any period or periods during which such owner fails to comply with such rules and regulations or with any other obligations of such owner under this Declaration. The Association may also take judicial action against any owner to enforce compliance with such rules, regulations or other obligations, or to obtain damages for noncompliance. 4.9 Imolied Riahts. The Association shall have and may exercise any right or privilege given to it expressly by this Declaration, or reasonably to be implied from the provisions of this Declaration, or given or implied by law, or which may be necessary or desirable to fulfill its duties, obligations, rights or privileges. 4.10 Association as Trustee. With respect to a third person dealing with the Association in the Association's capacity as a trustee, the existence of trust powers and their proper exerciSe by the Association may be assumed without inquiry. A third person is not bound to inquire whether the Association has the power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the Association is exceeding or improperly exercising its powers, is fully protected in dealing with the Association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the Association in its capacity as trustee. V. THE ASSOCIATION 5.1 General Purooses and Powers. The Association has been or will be incorporated to be and constitute the Association to which reference is made in this Declaration, to perform functions and hold and manage properly as provided in this Declaration and to further the interests of unit owners in the project. It shall have all powers necessary or desirable to effectuate these purposes. Condominium Declaration for East Hopkins Pa.ge 9 (,.i (J:l ... ... o.D tij ~ , --1 Q:J o 1J I -I> --1 -I> oS?! tn , oS?! ..0 , ..0 tij oS?! to oS?! o.D " 1J GJ r'!) ... o " -I> -I> " / 5.2 Reaular Membership. There shall be one regular membership in the Association for each unit, which regular membership shall be appurtenant to the fee simple title to such unit. Each unit owner shall automatically be the owner of the regular membership appurtenant to that unit and title to and ownership of the regular membership for the unit shall automatically pass with fee simple title to the unit. Each owner of the unit shall automatically be entitled to the benefits and subject to the burdens relating to the regular membership for that unit. If fee simple title to a unit is held by more than one (1) person or entity, the regular membership appurtenant to that unit shall be shared by all such persons or entities in the same proportionate interest and by the same type of ownership as fee simple title to the unit is held. Regular membership in the Association shall be limited to owners of units in the project. 5.3 Declarant's Membership. Declarant shall have and be deemed to hold a membership in the Association, proportionate to its ownership of units, for the period of time beginning on the date of incorporation of the Association and ending sixty (60) days after conveyance of one hundred percent (100%) of the units in the project. As the holder of this membership, Declarant shall have the right to appoint members of the Executive Board of the Association fora period beginning on the date of incorporation of the Association. As the holder of this membership, the approval of Declarant shall be required if it owns a majority of the units, as a condition to amendment of this Declaration, amendment to the Articles of Incorporation of the Association, amendment to the By-Laws of the Association, and to merger, consolidation or dissolution of the Association, but such rights shall terminate upon expiration of the Declarant's membership. 5.4 Executive Board. (a) Not later than the termination of any period of Declarant membership, the unit owners shall elect an Executive Board of at least two (2) members and not more than four (4) members. A director must be a unit owner. The Executive Board shall elect the officers. The Executive Board members and officers shall take office upon termination of the period of Declarant membership. The first meeting of the Executive Board shall be held within sixty (60) days of the termination of the period of Declarant membership. (b) The affairs of the Association shall be managed by the Executive Board which may, however, by resolution, delegate any portion of its authority to an executive committee or other committee appointed by the Executive Board. However, the Executive Board may not act on behalf of the Association to amend this Declaration, to terminate the Association, or to elect members of the Executive Board or determine the qualifications, powers and duties, or terms of office of Executive Board members, but the Executive Board may fill vacancies in its membership for the unexpired portion of any term. Members of the Executive Board shall be elected annually by unit owners. (c) The unit owners by a seventy-five percent (75%) vote of all persons present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the Executive Board with or without cause, other than a member appointed by Declarant. 5.5 Votina of Owners: Proxies. Each unit owner shall have one (1) vote for the unit. If a unit is owned by more than one person, the right to vote shall be established by the record title thereto. In the event multiple owners of a unit as tenants in common, joint tenants, or otherwise, voting shall be as specified below. .' Condominium Declaration for East Hopkins Page 10 (.~j Q:J .... .... ..0 l.~ O:l I -..j Q:J o 1J I -I> -..j tij o to , oS?! ..0 , ..0 G1 oS?! (~j .. o ..0 1J T1 cii i(; fi) o i1 -I> -I> (a) If only one (1) of the multiple owners of a unit is present at a meeting of the Association, such owner is entitled to cast the vote allocated to that unit. If more than one (1) of the multiple owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the owners, unless the Declaration expressly provides otherwise. There is majority agreement if anyone (1) of the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit. (b) Votes may be cast in person or by proxy. Votes allocated to a unit may be cast pursuant to a proxy duly executed by a unit owner. If a unit is owned by more than one (1) person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates eleven (11) months after its date, unless it provides otherwise. No votes allocated to a unit owned by the Association may be cast. 5.6 Notices. Each unit owner shall be entitled to notice of any meeting at which such owner has the right to vote. Notices of meetings shall be in writing and shall state the date, time and place of the meeting and shall indicate each matter to be voted on at the meeting which is known to the Association at the time notice of the meeting is given. Such notices shall be delivered not less than ten (10) nor more than fifty (50) days before the date of the meeting. Any notice shall be deemed given and any budget or other information or material shall be deemed furnished or delivered to a party at the time a copy thereof is deposited in the mail or at a telegraph office, postage or charges prepaid, addressed to the party, and in any event, when such parly actually receives such notice, information or material. Any notice, information or material shall be deemed properly addressed to a unit owner if it is addressed to the name and address shown on the most recent written notice of name and address, if any, furnished to the Association by such unit owner or, if a name and address is not furnished, if it is addressed to the unit owner at the address of the owner's unit. . 5.7 Record Date. The Executive Board of the Association shall have the power to fix in advance a date as a record date for the purpose of determining owners entitled to notice of or to vote at any meeting or to be furnished with any budget or other information or material. The owners existing on any such record date shall be deemed the owners for such notice, vote, meeting, furnishing of information or material or other purpose and for any supplementary notice, or information or material with respect to the same matter and for any adjournment of the same meeting. A record date shall not be more than fifty (50) days prior to the date on which the particular action requiring determination of owners is proposed or expected to be taken or to occur. If no record date is established for a meeting, the date on which notice of such meeting is first given to any owner shall be deemed the record date for the meeting. 5.8 MeetinCls. The meetings of the Association shall be held at least once each year. Special meetings of the Association may be called by the president, by a majority of the Executive Board, or by unit owners having twenty-five percent (25%), of the votes in the Association. Not less than ten (10) nor more than fifty (50) days in advance of any meeting, the secretary or other officer specified in the Bylaws shall cause notice to be hand delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit owner. The notice of any meeting must state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the Declaration or Bylaws, any budget changes, and any proposal to remove an officer or member of the Executive Board. Condominium Declaration for East Hopkins Page 11 (0 Q:J .... .... ..0 tij IJ:l I -.j Q:J oS?! 1J I -I> -.j (J' 51 U! , oS?! oJ) , oJ) tij o (,J .. oS?! ..0 1J T1 cfJ p" t~ o 'T! -1>' -I> "---..--' 5.9 Quorums. (a) A quorum is deemed present throughout any meeting of the Association if persons entitled to cast fifty percent (50%) of the votes which may be cast for election of the Executive Board are present, in person or by proxy at the beginning of the meeting. (b) A quorum is deemed present throughout any meeting of the Executive Board if persons entitled to cast fifty percent (50%) of the votes on that Board are present at the beginning of the meeting. 5.10 Deliverv of Prooertv. Within sixty (60) days after the unit owners other than Declarant elect a majority of the members of the Executive Board, the Declarant shall deliver to the Association all properly of the unit owners and of the Association held by or controlled by Declarant, including without limitation the following items: (a) The original or a certified copy of the recorded Declaration as amended, the Association's Articles of Incorporation, Bylaws, minute books, other books and records, and any rules and regulations which may have been promulgated; (b) An accounting for Association funds and financial statements, from the date the Association received funds and ending on the date the period of Declarant membership ends. The financial statements shall be audited by an independent certified public accountant and shall be accompanied by the accountant's letter, expressing either the opinion that the financial statements present fairly the financial position of the Association in conformity with generally accepted accounting principles or a disclaimer of the accountant's ability to attest to the fairness of the presentation of the financial information in conformity with generally accepted accounting principles and the reasons therefor. The expense of the audit shall not be paid for or charged to the Association; (c) The Association funds or control thereof; (d) All of Declarant's tangible personal property that has been represented by Declarant to be the property of the Association or all of Declarant's tangible personal properly that is necessary for, and has been used exclusively in, the operation and enjoyment of the common elements, and inventories of these properties; (e) A copy of any plans and specifications used in the construction of the improvements which were completed within two (2) years before the Declaration was recorded; (f) All insurance policies then in force, in which the unit owners, the Association, or its directors and officers are named as insured persons; (g) Copies of any certificates of occupancy that may have been issued with respect to any improvements; (h) Any other permits issued by governmental bodies applicable to the Association and which are currently in force or which were issued within one (1) year prior to the date on which unit owners other than Declarant took control of the Association; (i) Written warranties of the contractor, subcontractors, suppliers, and manufacturers that are still effective; condominium Declaration for East Hopkins Page 12 ~ - - \D Ul tll I ~ e \J I -I> o"J '" 8. '- G .,g ~ t1I ~ .. j ." "t1 Ii> $ o 'TJ ~ -I> (j) A roster of unit owners and mortgagees and their addresses and telephone numbers, if known, as shown on Declarant's records; (k) Employment contracts in which the Association is a contracting parly; and (I) Any service contract in which the Association is a contracting parly or in which the Association or the unit owners have any obligation to pay a fee to the persons performing the services. 5.11 Termination of Contracts. The following contracts and leases, if entered into before the Executive Board elected by the unit owners takes office, may be terminated without penalty by the Association, at any time after the Executive Board elected by the unit owners takes office, upon not less than ninety (90) days' notice to the other party: (a) Any management contract, employment contract, or lease of recreational or parking areas or facilities; (b) Any other contract or lease between the Association and Declarant or an affiliate or Declarant. VI, ASSESSMENTS 6.1 Declarant's ObliClation. Until the Association makes a common expense assessment, Declarant shall pay all common expenses. Initial assessments shall be set by the Executive Board at its first meeting. After any assessment has been made by the Association, assessments shall be made monthly and shall be based on a budget adopted no less frequently than annually by the Association. 6.2 Assessments - Generallv. (a) Each unit owner is liable for assessments made against such owner's unit during the period of ownership of such unit. Each unit owner shall be obligated to pay and shall pay to the Association common expense assessments as hereinafter provided based on the points assigned to the unit of such unit owner, which amounts are herein called "assessments." (b) Subject to the provisions hereof, the Executive Board of the Association shall have the power and authority to determine all matters in connection with assessments, including power and authority to determine where, when and how assessments should be paid to the Association, and each unit owner shall be required to comply with any such determinations. 6.3 BudClet and Determination of Amount of Common Expense Assessments. (a) The total amount to be raised by assessments shall be determined for each fiscal period of the Association by the Executive Board of the Association. The amount to be raised by assessments for any fiscal' period shall be that amount necessary to cover the costs and expenses of fulfilling the functions and obligations of the Association in that fiscal period plus an amount to provide a reasonable carry-over reserve for the next fiscal period. The amount to be raised by assessments shall include amounts necessary to cover obligations made in connection with, or contemplated under, any previous budget. To assure that the Association will have the funds to meet unforeseen expenditures or to purchase additional equipment or services, the budget shall include a working capital fund at least equal to two (2) months of estimated assessments for each unit. Condominium Declaration for East Hopkins Page 13 (.) CD ... .... ..0 lfl to I --l CD oS?! T1 r -I> --l CD oS?! t~ , oS?! .... , ..0 In oS?! (.) oS?! ..0 1J T1 GJ p', tfi o ." -I> -I> '----~" (b) To determine the total amount required to be raised by assessments, the Executive Board shall cause to be prepared a budget for the fiscal period showing, in reasonable detail, the estimated costs and expenses which will be payable in that fiscal period and for a reasonable carry-over reserve and the estimated income and other funds which will be available in that fiscal period. (c) Within thirty (30) days after adoption of any proposed budget, the Executive Board shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to ail the unit owners and shall set a date for a meeting of the unit owners to consider ratification of the budget not less than fourteen nor more than sixty (60) days after mailing or other delivery of the summary. Unless at that meeting a majority of all unit owners reject the budget, the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by the unit owners must be continued until such time as the unit owners ratify a subsequent budget proposed by the Executive Board. 6.4 Special Assessments for Capital Improvements. In addition to the assessments described above, the Association may levy special assessments, payable over such a period as the Association may determine, for the purpose of defraying, in whole or in part, to the extent the amounts in any capital reserve fund ar$ insufficient therefor, the cost of any construction or reconstruction, repair or replacement of the project or any part thereof, or for any other expense incurred or to be incurred as provided in this Declaration. 6.5 Supplementarv Assessments. In the event the amount received by the Association on account of common expense or special assessments is less than the amount required by the Association, whether as a result of defaults by some unit owners in making payments or as a result of mistaken estimates in budgeting or otherwise, the Executive Board may, at any time, levy supplementary assessments to cover the deficiency. 6.6 Apportionment of Assessments. Except as specified above, the amount of any assessment, payable for the points assigned to the unit of an owner, shall be computed by multiplying the total amount to be raised by assessments by a fraction, the numerator of which shall be one (1) and the denominator of which shall be the total number of points assigned to all units in the project. 6.7 Time for Payments. The amount of any assessment, charge, fine, penalty or other amount payable with r$speclto any unit owner, shall become due and payable as specified by the Executive Board of the Association and, in any event thirty (30) days after any notice of the amount due as to such assessment, charge, fine, penalty or other amount shail have been given by the Association to such unit owner, and any such amount shall bear interest at the rate of twelve percent (12%) per annum (or such lesser rate as the Executive Board may, from time to time, by resolution, fix) from the date due and payable until paid. 6.8 Assessments for Limited Common Elem$nts: Expens$s Benefittina Less than all Units: Reallocation: No Waiver. (a) Any common expense associated with the maintenance, repair, or replacement of a limited common element shall be assessed against the units to which that limited common element is assigned, in the same proportion as the points assigned to each such unit. (b) Any common expense or portion thereof benefitting fewer than all of the units shall be assessed exclusively against the units benefitted, and in the same proportion as the points assigned to each such unit. Condominium Declaration for East Hopkins Page 14 t~ (l) .... .... ..0 tn O:l i --J Q:J o iJ , ~ --J ..0 oS?! (J'i , oS?! ..0 , ..0 tij oS?! (.oj .. oS?! ..0 1J T1 Gi n) f3' o " -I> -I> (c) The costs of utilities shall be assessed in proportion to usage. (d) If any common expense is caused by the misconduct of any unit owner, the Association may assess that expense exclusively against such owner's unit. (e) If common expense liabilities are reallocated, common expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated common expense liabilities. (f) No unit owner may be exempt from liability for payment of the assessments by waiver of the use or enjoyment of any of the common elements or by abandonment of the unit against which the aSsessments are made. 6.9 Lien for Assessments. (a) The Association has a statutory lien on a unit for any assessment levied against that unit or fines imposed against its unit owner. Fees, charges, late charges, attorneys' fees, fines, and interest charged are enforceable as assessments. The amount of the lien shall include all those items set forth herein from the time such items become due. If an assessment is payable in installments, each assessment is a lien from the time it becomes due, including the due date set by any valid association acceleration of installment obligations. (b) Except as provided herein, a lien under this section is prior to all other liens and encumbrances on a unit except liens and encumbrances recorded before the recordation of the Declaration, or a security interest on the unit which has priority over all other security interests on the unit and which was recorded before the date on which the assessment sought to be enforced became delinquent, or liens for real estate taxes and other governmental assessments or charges against the unit. (c) A lien under this section is also prior to the security interests described above to the extent of an amount equal to the common expense assessments based on a periOdic budget adopted by the Association which would have become due, in the absence of any acceleration, during the six (6) months immediately preceding institution by either the Association or any party holding alien senior to any part of the Association lien created under this Declaration of an action, or a nonjudicial foreclosure either to 'enforce or to extinguish the lien. (d) This section does not affect the priority of mechanics' or materialmens' liens or the priority of liens for other assessments made by the Association. A lien under this section is not subject to the provisions of Part 2 of Article 41 of Title 38 or to the provisions of Section 15- 11-201, C.R.S. (e) Recording of the DeclaratiOn constitutes record notice and perfection of the lien. No further recordation of any claim of lien for assessments is required. (f) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within six (6) years after the full amount of assessments become due. (g) This does not prohibit actions or suits to recover sums for which this section creates a lien or to prohibit the Association from taKing a deed in lieu of foreclosure. Condominium Declaration for East Hopkins Page 15 (to) Q:J .... .... ..0 0'1 to I --.! Q:J oS?! "0 -I> Q:J G oS?! tij , oS?! ..0 , ..0 tij oS?! t.) .. G ..0 '-' 1J G) 11) --.! o OJ -I> -I> (h) The Association shall be entitled to costs and reasonable attorneys' fees incurred by the Association in a judgment or decree in any action or suit brought by the Association under this section. (i) The Association shall furnish to a unit owner or such unit owner's desi9nee or to a holder of a security interest or its designee upon written request, delivered personally or by certified mail, first-class postage prepaid, return receipt, to the Association's registered agent, a written statement setting forth the amount of unpaid assessments currently levied against such owner's unit. The statement shall be furnished within fourteen (14) calendar days after receipt of the request and is binding on the Association, the Executive Board, and every unit owner. If no statement if furnished to the unit owner or holder of a security interest or their designee, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a lien upon the unit for unpaid assessments which were due as of the date of the request. U) In any action by an Association to collect assessments or to foreclose a lien for unpaid assessments, the court may appoint a received of the unit owner to collect all sums alleged to be due from the unit owner prior to or during the pending of the action. The court may order the receiver to pay any sums held by the receiver to the Association during the pending of the action to the extent of the Association's common expense assessments. (k) The Association's lien may be foreclosed in like manner as a mortgage on real estate. 6.10 Liability of Owners. Purchasers and Encumbrances. The amount of any assessment, charge, fine or penalty payable with respect to any unit owner or unit shall be a joint and several obligation to the Association of such unit owner and such unit owner's heirs, personal representatives, successors and assigns. A parly acquiring fee simple title to a unit shall be jointly and severally liable with the former unit owner for all such amounts which had accrued and were payable at the time of the acquisition of fee simple title to the unit by such parly without prejudice to such party's right to recover any of said amounts paid from the former unit owner. Each such amount, together with interest thereon, may be recovered by suit for a money judgment by the Association without foreclosing or waiving any lien securing the same. Notwithstanding the foregoing, the holder of a mortgage, deed of trust or other lien on a unit shall not be liable for any such assessment, charge, fine or penalty and the lien for any such assessment, charge, fine or penalty shall be junior to any lien or encumbrance on a unit taken in good faith and for value and perfected by recording in the office of the Clerk and Recorder of Pitkin County, Colorado, prior to the time a notice of failure to pay any such amount is recorded in said office, describing the unit. 6.11 Estoppel Certificate. Upon payment of a reasonable fee as determined from time to time by the Association and upon written request of any unit owner or any person with any right, title or interest in a unit or intending to acquire any right, title or interest in a unit, the Association shall furnish a written statement of account setting forth the amount of any assessments, charges, fines or penalties, if any, due or accrued and then unpaid with respect to a unit and the amount of the assessment for the current fiscal period of the Association payable with respect to the unit, which statement shall, with respect to the party to whom it is issued, be conclusive against the Association and all parties, for all purposes, that no greater or other amounts were then due or accrued and unpaid. 6.12 Surplus Funds. Any surplus funds of the Association remaining after payment of or provision for common expenses and any prepayment of or provision for reserves shall be paid to the unit owners in proportion to their common expense liabilities or credited to them to reduce their future common expense assessments. Condominium Declaration for East Hopkins Page 16 (.~J Q:J .... .... "" (ji lJl I -..l Q:J ~ 1,j. I .,. Q:J .... o tij , o ..0 " ..0 tij o t.J .. o ..0 1J 71 tii n) Q:J o '"'ii -I> -I> VII. USE AND OTHER RESTRICTIONS 7.1 Occuoancy and Resale Deed Restrictions. Ownership, use, occupancy, and resale of the project, including the units and common elements, is subject to the terms of the "Master Deed Restriction Agreement for the Occupancy and Resale of East Hopkins," attached hereto as Exhibit C. 7.2 Restrictions on Use and Subdivision. Each unit shall be used for residential purposes only and none shall be used for any commercial or business purpose. No lands or structures within the East Hopkins project shall ever be occupied or used in any manner which is contrary to any zoning, subdivision or building restrictions of the City of Aspen, nor contrary to any rule or regulation promulgated by the Association pursuant hereto. No further subdivision of a unit is permitted. In addition to those rental limitations imposed pursuant to Exhibit C, any lease or rental agreement must be in writing and subject to the requirements of this Declaration and the By-Laws. No unit may be leased or rented for less than seven (7) days. 7.3 Common Elements Restrictions. All use and occupancy of common elements shall be subject to and governed by rules and regulations of the Association. No unit owner shall obstruct, damage or commit waste to any of the common elements. Except as provided herein, no unit owner shall change, alter, repair or store anything in or on any of the common elements without the prior written consent of the Association. 7.4 No Imoerilina of Insurance. No owner shall do anything or cause anything to be kept in or on the project which might result in an increase in the insurance premiums of insurance obtained for the project or which might cause cancellation of such insurance without the prior written consent of the Association. 7.5 No Violation of Law. No unit owner shall do anything or keep anything in or on the project which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. 7.6 No Noxious. Offensive. Hazardous or Annovina Activities. No noxious or offensive activity shall be carried on upon any part of the project nor shall anything be done or placed on or in part of the project which is or may become a nuisance or cause embarrassment, disturbance or annoyance to others. No activity shall be conducted on any part of the project and no improvements shall be made or constructed on any part of the project which are or might be unsafe or hazardous to any person or properly. No sound shall be emitted on any part of the project which is unreasonably loud or annoying. No odor shall be emitted on any part of the project which is noxious or offensive to others. No light shall be emitted from any part of the project which is unreasonably bright or causes unreasonable glare. 7.7 No Unsiahtliness. No unsightliness shall be permitted on or in any part of the project. Without limiting the generality of the foregoing, nothing shall be kept or stored on or in any of the common elements, nothing shall be hung or placed on any of the common elements, and nothing shall be placed on or in windows or doors of units which would or might create an unsightly appearance. 7.8 Restriction on Sians. No signs or advertising devices of any nature shall be erected or maintained on any part of the project without the prior written consent of the Association. 7.9 Antennas. No radio, television or other type of antenna shall, without the written consent of the Association, be installed or maintained on the buildings. Condominium Declaration for East Hopkins Page 17 t.) Q:l .... ... ..0 tij to I -..J Q:J o 1J I .., ():) fl,) o tij , o '.0 , ..0 Ul oS?! t~J .. oS?! '.0 1J T1 cii f(1 ..0 o ." -I> -I> ',..------- 7.10 Maintenance of Units and Common Elements. Each unit and all improvements, fixtures and furniture and equipment therein shall be kept and maintained by the unit owner in a clean, safe, attractive and sightly condition and in good repair. No structural alterations within any unit or with respect to any common elements shall be made and no electrical, plumbing or similar work within any unit (except minor repair work localized within the unit not affecting these overall utility systems) shall be done without the prior written consent of the Association. 7.11 Owner Caused DamaQe. If, due to the act or neglect of a unit owner, loss or damage shall be caused to any person or properly, including the project or any unit therein, such unit owner shall be liable and responsible for the same except to the extent that such damage or loss is covered by insurance obtained by the Association and the carrier of the insurance has waived its rights of sUbrogation against such unit owner. The amount of such loss or damage may be collected by the Association from such unit owner as a special assessment against such unit owner, by legal proceedings or otherwise, and such amount shall be secured by a lien on the unit of such unit owner as provided elsewhere in this Declaration for assessments or other charges. 7.12 No Impairment of Structural Intearitv. Nothing shall be done, without the written consent of the Association, in, on or to, any unit or the common elements, or any portion thereof, which might impair the structural integrity of the buildings or which would structurally change the buildings. 7.13 No Violation of Rules. No unit owner shall violate the provisions of this Declaration or the rules and regulations accepted from time to time by the Association whether relating to the use of the units, the use of the common elements or otherwise. 7.14 Responsibilities of Owners. Whenever this Declaration or any rule or regulation of the Association prohibits any action of, or assigns responsibility to, any unit owner and any provision of the Declaration or rule or regulation is violated by a tenant, licensee or guest of any unit owner (or anyone occupying the premises with his consent), the unit owner shall be responsible for any such violation to the same extent as if the unit owner had committed the same (except to the extent that such liability is prohibited by law). VIII. INSURANCE 8.1 Insurance Reauirements Generallv. (a) Commencing not later than the time of the first conveyance of a unit to a person other than Declarant, the Association shall obtain and maintain in full force and effect at all times certain properly, liability and other insurance as hereinafter provided. All such insurance shall be obtained, to the extent possible, from responsible companies duly authorized to do insurance business in the State of Colorado. All such insurance, to the extent possible, shall name the Association as the insured, in its individual capacity and also either. asaltorney-in-fact or trustee for all unit owners. (b) The cost and expense of all insurance obtained by the Association, except insurance covering additions, alterations or improvements made to a unit by a unit owner or other insurance obtained at the request of and specifically benefitting any particUlar unit owner, shall be a common expense to be covered by assessments as elsewhere provided in this Declaration. Condominium Declaration for East Hopkins Page 18 t, CD ..... .... ..0 lfi I:P I '" Q:J e T1 r -I> Q:J t.J e tij , oS?! .:[) , ..0 til o t.) .. oS?! ..0 1J 1J Gl t,) o o ." -I> -I> 8.2 ProperlY Insurance. (a) The Association shall obtain and maintain properly insurance insuring the common elements and each unit against loss or damage by fire and such other hazards as are covered under standard extended coverage policies, vandalism and malicious mischief and, if available and is deemed appropriate by the Association, war risk, for the full insurable replacement cost of the project, including each unit. (b) The total amount of insurance must be not less than the full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from properly policies. Such insurance must include the units, but not the finished interior surfaces of the walls, floors, and ceilings of the units. The insurance need not include improvements and betterments installed by unit owners, but if they are covered, any increased charge shall be assessed by the Association to those unit owners. 8.3 Commercial General Uabilitv Insurance. The Association shall obtain and maintain commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, or management of the common elements in the amount of $1,000,000.00 for each occurrence including bodily injury and/or properly damage, insuring the Executive Board, the Association, the management agent, and their respective employees, agents, and all persons acting as agents. The Declarant shall be included as an additional insured in such Declarant's capacity as a unit owner and board member. The unit owners shall be included as additional insureds, but only for claims and liabilities arising in connection with the ownership, existence, use, or management of the common elements and, in cooperatives, also of all units. The insurance shall cover claims of one or more insured parties against other insured parties. 8.4 Insurance bv Owners. Except to the extent coverage therefor may be obtained by the Association and be satisfactory to a unit owner, each unit owner shall be responsible for obtaining insurance he deems desirable, including insurance covering furnishings and personal property belonging to that unit owner and covering personal liability of that unit owner. 8.5 Unavailability of Insurance - Notice. If the insurance described in Sections 8.2 and 8.3 is not reasonably available, or if any policy of such insurance is canceled or not renewed without a replacement policy therefore having been obtained, the Association promptly shall cause notice of that fact to be hand delivered or sent prepaid by United States mail to all unit owners. 8.6 Reauired Provisions. Insurance policies carried pursuant to Sections 8.2 and 8.3 must provide that: (a) Each unit owner is an insured person under the pOlicy with respect to liability arising out of such unit owner's interest in the common elements or membership in the Association; (b) The insurer waives its rights to subrogation under the policy against any unit owner or member of his household; (c) No act or omission by any unit owner, unless acting within the scope of such unit owner's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy; and (d) If, at the time of a loss under the policy, there is other insurance in the name of a unit owner covering the same risk covered by the policy, the Association's policy provides primary insurance. Condominium Declaration for East Hopkins Page 19 '.' O:l .... .... ..0 (Jl O:l ! ~ Q:J oS?! .. , -I> ()) -I> oS?! (..11 , oS?! ..0 , ..f) lfl oS?! ('J oS?! ..f) T1 G) (.J .... q -I> -I> .,.__.-~ 8.7 Application of Proceeds. Any loss covered by the properly insurance policy described in this Section 8.7 must be adjusted with the Association, but the insurance proceeds for that loss shall be payable to any insurance trustee designated for that purpose, or otherwise to the Association, and not to any holder of a security interest. The insurance trustee or the Association shall hold any insurance proceeds in trust for the Association unit owners and lienholders as their interests may appear. Subject to the provisions of this Section 8.7, the proceeds must be disbursed first for the repair or restoration of the damaged property, and the Association, unit owners, and lienholders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the properly has been completely repaired or restored or the project is terminated. In the event of a surplus, proceeds shall go to the owners in proportiOn to their interests in the common elements. 8.8 Other Insurance bv Association. The Association shall also have the power or authority to obtain and maintain other and additional insurance coverage, including casualty insurance covering personal properly of the Association, fidelity bonds or insurance covering employees and agents of the Association and insurance indemnifying officers, directors, employees and agents of the Association. 8.9 Owner-Increased Premiums. In the event that, as a consequence of the hazardous use of any unit, or of any owner installed improvements to any unit, the premiums of any policy of insurance purchased by the Association are increased, or a special policy is required, the cost of such increase or specific policy shall be assessed to the unit owner of such unit. 8.10 Policies and Procedures. The Association may adopt and establish written nondiscriminatory policies and procedures relating to the submittal of claims, responsibility for deductibles, and any other matters of claims adjustment. To the extent the Association settles claims for damages to real properly, it shall have the authority to assess negligent unit owners causing such loss or benefiting from such repair or restoration all deductibles paid by the Association. In the event that more than one unit is damaged by a loss, the Association in its reasonable discretion may assess each unit owner a pro rata share of any deductible paid by the Association. 8.11 Certificate of Insurance - Renewal. An insurer that has issued an insurance policy for the insurance described in Sections 8.2 and 8.3 shall issue certificates or memoranda of insurance to the Association, and, upon request, to any unit owner or holder of a security interest. Unless otherwise provided by statute, the insurer issuing the policy may not cancel or refuse to renew it until thirly (30) days after notice of the proposed cancellation or non renewal has been mailed to the Association, and each unit owner and holder of a security interest to whom a certificate or memorandum of insurance has been issued, at their respective last-known addresses. 8.12 Destruction or Damaoe to Property. (a) Any portion of the project for which insurance is required under this section which is damaged or destroyed must be repaired or replaced promptly by the Association unless the project is terminated, or repair or replacement would be illegal under any state or local statute or ordinance governing health or safety, or eighty percent (80%) of the unit owners, including every owner of a unit or assigned limited common element that will not be rebuilt, vote not to rebuild, or prior to the conveyance of any such unit to a person other than Declarant, the holder of a deed of trust or mortgage on the damaged portion of the project rightfully demands all or a substantial part of the insurance proceeds. Condominium Declaration for East Hopkins Page 20 (~j Q:J ,..., .... ..0 tij 't' ..:; ():l oS?! 1J I -I> Q:J tq o tl1 , oS?! ..0 , ..0 tij o (oj oS?! ..0 U Ti Gi (.J m o 11 ~ ::j; (b) The cost of repair or replacement in excess of insurance proceeds and reserves is a common expense. If the project is not repaired or replaced, the insurance proceeds attributable to the damaged common elements must be used to restore the damaged area to a condition compatible with the remainder of the project, and, except to the extent that other persons will be distributees, the insurance proceeds attributable to units and limited common elements that are not rebuilt must be distributed to the owners of those units and the owners of the units to which those limited common elements were allocated, or to lien holders, as their interests may appear, and the remainder of the proceeds must be distributed to all the unit owners or lienholders, as their interests may appear in proportion to the common element interests of all the units. IX. DESTRUCTION. CONDEMNATION. OBSOLESCENCE. AND RESTORATION OR SALE OF PROJECT 9.1 Certain Definitions. The following terms shall have the following definitions: (a) "Substantial Destruction" shall mean any casualty, damage or destruction to the project or any part thereof if the estimate costs or restoration less available funds are fifty percent (50%) or more of the estimated restored value of the project. "Partial Destruction" shall mean any other casualty, damage or destruction of the project or any part thereof. (b) "Substantial Condemnation" shall mean the complete taking of the project or a taking of part of the project under eminent domain or by grant or conveyance in lieu of condemnation if the estimated costs of restoration less available funds are fifty percent (50%) or more of the estimated restored value of the project. "Partial Condemnation" shall mean any other such taking by eminent domain or by grant or conveyance in lieu of eminent domain. (c) "Substantial Obsolescence" shall exist whenever sixty six and two-thirds percent (66.66%) in interest of the unit owners determine, by vote, that substantial obsolescence exists or whenever the project or any part thereof has reached such a state of obsolescence or disrepair that the estimated costs of restoration less available funds are fifty percent (50%) or more of the estimated restored value of the project. "Partial Obsolescence" shall mean any state of obsolescence or disrepair which does not constitute substantial obsolescence. (d) "Restoration," in the case of any casualty, damage or destruction, shall mean restoration of the project to the same or substantially the same condition in which it existed prior to the casualty, damage or destruction; in the case of condemnation, shall mean restoration of the remaining portion of the project to as attractive, sound and desirable condition as possible; and, in the case of obsolescence, shall mean restoration of the project to a condition as attractive, sound and desirable as possible. (e) "Restored Value" shall mean the value of the project of restoration as estimated by the Association. (f) "Available Funds" shall mean any proceeds of insurance or condemnation awards or payments in lieu of condemnation and any uncommitted income or funds of the Association other than the income or funds derived through special assessments. Condominium Declaration for East Hopkins Page 21 t~J (:) .... .... oJ;) tij 1Jj I '-J Q:J IS> 1J I -I> CD (!' IS> tij , oS?! ..0 , ..0 Ul oS?! t-) .. oS?! oJ;) 1J Gi t-) t-) o ." -I> -I> (g) "Available Funds" shall not include that portion of insurance proceeds legally required to be paid to another parly, including a mortgagee, or that portion of any condemnation award or payment in lieu of condemnation payable to the owner of a unit for the condemnation or taking of that owner's unit. 9.2 Restoration of the Proiect. Subject to the requirements of Section 8.12, restoration of the project shall be undertaken by the Association without a vote of unit owners in the event of partial destruction, partial condemnation or partial obsolescence but shall be undertaken in the event of substantial destruction, substantial condemnation or substantial obsolescence only with the consent of seventy-five percent (75%) in interest of all Owners and seventy-five percent (75%) in number of all mortgagees. In the event the insurance proceeds actually received exceed the cost of restoration when such restoration is undertaken pursuant to this section, the excess shall be paid and distributed to each unit owner, or mortgagee of a unit owner, in proportion of such unit owner's undivided interest in the common elements. 9.3 Sale of the Proiect. The project shall be sold in the event of substantial destruction, substantial condemnation or substantial obsolescence unless consent to restoration has been obtained from seventy-five percent (75%) in interest of all unit owners and consent to restoration of seventy-five percent (75%) in number of all mortgagees has been obtained. In the event of a sale, condominium ownership under this Declaration shall terminate and the proceeds of sale and any insurance proceeds, condemnation awards or payments in lieu of condemnation shall be distributed by the Association to each unit owner, or the mortgagee of a unit owner, in proportion to such unit owner's undivided interest in common elements. 9.4 Authority of Association to Restore or Sell. The Association, as attorney-in-fact for each unit owner, shall have full power and authority to restore or to sell, as the case may be, the project and each unit in the project whenever restoration or sale, as the case may be, is to be undertaken as herein provided. Such authority shall include the right and power to enter into any contracts, deeds or other instruments which may be necessary or appropriate for restoration or sale, as the case may be. 9.5 Pavment of Proceeds. In the event of substantial destruction, condemnation or obsolescence all insurance proceeds, proceeds of sale, condemnation awards, or payments in lieu Qf condemnation shall be paid to the Association, as trustee for all of the unit owners and any mortgagee, as the interest of such owners and any such mortgagee may appear. 9.6 Special Assessments for Restoration. When restoration is to be undertaken, the Association may levy and collect assessments from each unit owner in proportion to each unit owner's undivided interest in common elements, payable over such periOd as the Association may determine, to cover the costs and expenses of restoration to the extent not covered by available funds. Such special assessments shall be secured by a lien on the unit of each owner as in the case of regular assessments. Notwithstanding any other provision in this Declaration, in the event of substantial condemnation or substantial obsolescence, any such special assessment shall not be a personal obligation of any Owner who did not consent to restoration but, if not paid may be recovered oniy by foreclosure of the lien against the unit of such owner. 9.7 Receipt and Application of Condemnation Funds. All compensation, damages or other proceeds constituting awards in condemnation or eminent domain or payments in lieu of condemnation or eminent domain shall be payable to the ASSOciation. The amount thereof allocable to compensation for the taking of or injury to a particular unit or to improvements of a unit owner therein shall be apportioned to the unit owner of that unit except to the extent used for restoration of that unit. The balance of the award shall be applied to costs and expenses of restoration, if Condominium Declaration for East Hopkins Page 22 t.) Q:J .... .... ..0 tij O:l I -.j Q:J oS?! iJ , i- CD -.j >5) tij , o ..0 , ..0 tij o (.oj o ..0 '"0 ~ " 6 t,j -I> o '1l -I> -I> undertaken, and to the extent not so applied, shall be allocated as follows: First, any portion of the award allocable to the taking of or injury to common elements shall be apportioned to owners of units which were not taken or condemned in proportion to their respective undivided interests in the common elements; and second, the amounts allocated to consequential damages or for other purposes shall be apportioned as the Association determines to be equitable under the circumstances. 9.8 Eminent Domain. (a) If a unit is acquired by eminent domain or part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award must include compensation to the unit owner for that unit and its allocated interests whether or not any common elements are acquired. Upon acquisition, unleSs the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking. Any remnant of a unit remaining after part of a unit is taken under this section is thereafter a common element. (b) Except as provided above, if part of a unit is acquired by eminent domain, the award must compensate the unit owner for the reduction in value of the unit and its interest in the common elements whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides: (i) That unit's allocated interests are reduced in proportion to the reduction in the size of the unit or on any other basis specified in the declaration; and (ii) The portion of allocated interests divested from the partially acquired unit is automatically reallocated to that unit and to the remaining units in proportion to the respective interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests. (c) If part of the common elements is acquired by eminent domain, that portion of any award attributable to the common elements taken must be paid to the Association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition. For the purposes of acquisition of a part of the common elements other that the limited common elements under this section, service of process on the Association shall constitute sufficient notice to all unit owners, and service of process on each individual unit owner shall not be necessary. (d) The court decree shall be recorded in Pitkin County. (e) The reallocation of allocated interests pursuant to this section shall be confirmed by an amendment to the Declaration prepared, executed, and recorded by the Association. Condominium Declaration for East Hopkins Page 23 (,.) Q:J .... .... ..0 tij I:P I --.J Q:J oS?! 1J ! ~ ()J Q:J oS?! 01 , oS?! ..0 , ..0 tij oS?! (.J oS?! ..0 '-' T1 (ij t.) t~ o To -I> -I> X. MISCELLANEOUS 10.1 Amendment of Declaration. (a) Except as otherwise specified by statute or a specific provIsion of this Declaration, the Declaration, including the plats and maps, may be amended only by a vote or agreement of unit owners of units to which at least seventy-five percent (75%) of the votes in the Association are allocated. In addition, amendments of a material nature must be agreed to by eligible mortgage holders who represent at least seventy-five percent (75%) of the votes of unit estates that are subject to mortgages held by eligible holders. A change to any of the following will be considered as material: (i) voting rights; (ii) assessments, assessment liens, or the priority of assessment liens; (Iii) reserves for maintenance, repair, and replacement of common elements; (iv) responsibility for maintenance and repairs; (v) reallocation of interests in the general or limited common elements or rights to their use; (vi) redefinition of any unit boundaries; (vii) convertibility of units into common elements or vice versa; (viii) expansion or contraction of the project, or the addition, annexation, or withdrawal or properly to or from the project; (ix) insurance or fidelity bond; (x) leasing of units; (xi) imposition of any restrictions on a unit owner's right to sell or transfer his or her unit; (xii) a decision by the owner's association to establish self-management when professional management had been required previously by the project documents or by an eligible mortgage holder; (xiii) restoration or repair of the project (after a hazard damage or partial condemnation) in a manner other than that specified in the document; (xiv) any action to terminate the legal status of the project after substantial destruction or condemnation occurs; or, (xv) any provisions that expressly benefit mortgage holders, insurers, or guarantors. Implied approval may be assumed by the Association when an eligible mortgage holder fails to submit a response to any written proposal for amendment of a material nature within thirly (30) days of notice thereof, provided such notice was delivered by certified or registered mail, with a "return receipt" requested. Condominium Declaration for East Hopkins Page 24 t,) Q:J .... .... ..0 Ui O:l I -..! (l:) o 1J I -I> Q:J ..0 oS?! Ui , 6; ..0 "- ..0 tij oS?! t.) .. o ..0 1J ~ Gi to) r:fo o 'Tj -I> -I> (b) No action to challenge the validity of an amendment adopted by the Association pursuant to this section may be brought more than one year after the amendment is recorded. (c) Every amendment to the Declaration must be recorded in Pitkin County in and is effective only upon recordation. An amendment must be indexed in the grantee's index in the name of the East Hopkins Condominiums and the Association and in the grantor's index in the name of each person executing the amendment. (d) Except to the extent expressly permitted or required by other provIsions of law, no amendment may create or increase special Declarant rights, increase the number of units, or change the boundaries of any unit or the allocated interests of a unit, or the uses to which any unit is restricted, in the absence of unanimous consent of the unit owners. (e) Amendment to the Declaration to be recorded by the Association shall be prepared, executed, recorded, and certified on behalf of the Association by the secretary or the president of the Association. (f) All expenses associated with preparing and recording an amendment to the Declaration shall be the sole responsibility of the Association. (g) At any time until the first unit is conveyed by Declarant as reflected by a deed recorded in the office of the Clerk and Recorder of Pitkin County, Colorado, Declarant may revoke this Declaration and the condominium map and terminate condominium ownership of the project by the recording of a written instrument setting forth Declarant's intent to so revoke and terminate. 10.2 Termination. (a) Except in the case of a taking of all the units by eminent domain, the Association may be terminated only by agreement of unit owners of units to which at least two-thirds (213) of the votes in the Association are allocated. In addition, when the unit owners are considering termination for reasons other than substantial destruction or condemnation of the properly, eligible mortgage holders that represent at least fifty one percent (51%) of the mortgaged units must agree. Implied approval may be assumed by the Association when an eligible mortgage holder fails to submit a response to any written proposal for termination with thirly (30) days of notice thereof, provided such notice was delivered certified or registered mail, with a "return receipt" requested. (b) An agreement of unit owners to terminate must be evidenced by their execution of a termination agreement or ratifications thereof in the same manner as a deed, by the requisite number of unit owners. The termination agreement must specify a date after which the agreement will be void unless it is recorded before that date. A termination agreement and all ratifications thereof must be recorded in Pitkin County and if effective only upon recordation. (c) Subject to the proviSions of a termination agreement, the Association, on behaif of the unit owners, may contract for the sale of real estate following termination, but the contract is not binding on the unit owners until approved pursuant to Subsection (a) and (b) of this section. If any real estate is to be sold following termination, title to that real estate, upon termination, vests in the Association as trustee for the holders of all interests in the units. Thereafter, the Association has all the powers necessary and appropriate to effect the sale. Until the sale has been concluded and the proceeds thereof distributed, the Association continues in Condominium Declaration for East Hopkins Page 25 t.J Q:J .... .... ..0 tq 1:P I -.J Q:J oS?! 1J I -I> ..0 oS?! oS?! tij , oS?! oil , ..0 f.Jl oS?! (,..; oS?! ..0 1J " CD t~J -.J o ." -I> -I> existence with all the powers it had before termination. Proceeds of the sale must be distributed to unit owners and lienholders as their interests may appear, in accordance with Subsections (f) and (g) of this section. Unless otherwise specified in the termination agreement, as long as the Association holds title to the real estate, each unit owner and the unit owner's successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted the unit. During the period of that occupancy, each unit owner and the unit owner's successors in interest remain liable for all assessments and other obligations imposed on unit owners by this Declaration. (d) If the real estate constituting the common interest community is not to be sold following termination, title to the common elements vests in the unit owners upon termination as tenants in common in proportion to their respective interests and liens on the units shift accordingly. While the tenancy in common exists, each unit owner and the unit owner's successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted such unit. (e) Following termination, the proceeds of any sale of real estate, together with the assets of the Association, are held by the Association as trustee for unit owners and holders of liens on the units as their interests may appear. (f) Following termination, creditors of the Association holding liens on the units, which were perfected as a result of a judgment before termination, may enforce those liens in the same manner as any lienholder. All other creditors of the Association are to be treated as if they had perfected liens on the units immediately before termination. (g) The respective interests of unit owners referred to above are as follows: (i) Except as provided in Paragraph (ii) of this Subsection (g), the respective interests of unit owners are the fair market values of their units, allocated interests, and any limited common elements immediately before the termination, as determined by one or more independent appraisers selected by the Association. The decision of the independent appraisers shall be distributed to the unit owners and becomes final unless disapproved within thirly (30) days after distribution by unit owners of units to which twenty-five percent (25%) of the votes in the Association are allocated. The proportion of any unit owner's interest to that of all unit owners is determined by dividing the fair market value of that unit owner's unit and its allocated interests by the total fair market values of all the units and their allocated interests. (iI) If any unit or any limited common element is destroyed to the extent that an appraisal of the fair market value thereof prior to destruction cannot be made, the interests of all unit owners are their respective common element interests immediately before the termination; in a cooperative, their respective ownership interests immediately before the termination; and in a planned community, their respective common expense liabilities immediately before the termination. (h) If a lien or encumbrance against a portion of the real estate has priority over the declaration and the lien or encumbrance has not been partially released, the parties foreclosing the lien or encumbrance, upon foreclosure, may record an instrument excluding the real estate subject to that lien or encumbrance from the common interest community. The Executive Board shall reallocate interests as if the foreclosed section were taken by eminent domain by an amendment to the declaration prepared, executed, and recorded by the Association. Condominium Declaration for East Hopkins Page 26 (,.J Q:J .... .... ..0 tij O:l I " Q:J o D I -I> ..0 .... oS?! tij , o ..0 , ..0 tli o t.J .. o oJ) 1J 1J G) t,) Q:J 9 ij -I> -I> 10.3 Construction of Declaration. In the event of a conflict between the provisions of this Declaration and the Bylaws, the Declaration prevails, except to the extent that the Declaration is inconsistent with the CCIOA. 10.4 Effect of Provisions of Declaration. Each provision of this Declaration, as the same may be amended from time to time, and any agreement, promise, covenant and undertaking to comply with each such provision of this Declaration, and any necessary exception or reservation or grant of title, estate, right or interest to effectuate any such provision of this Declaration: (a) shall be deemed incorporated in each deed or other instrument by which any right, title or interest in the project or in any unit is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument; (b) shall, by virtue of acceptance of any right, title or interest in the project or in any unit by a unit owner; be deemed accepted, ratified, adopted and declared as a personal covenant of such unit owner, and, as a personal covenant, shall be binding. on such unit owner and such unit owner's heirs, personal representatives, successors and assigns and, as a personal covenant to, with and for the benefit of the Association but not to, with or for the benefit of any other unit owner; (c) shall be deemed a real covenant by Declarant, for itself, its successors and assigns, and also an equitable servitude, running, in each case, as a burden with and upon the title to the project and each unit and, as a real covenant and also as ,an equitable servitude, shall be deemed a covenant and servitude for the benefit of the project and each unit; and (d) shall be deemed a covenant, obligation and restriction secured by a lien in favor of the Association, burdening and encumbering the title to the project and each unit in favor of the Association. 10.5 Duration of Declaration. All provisions contained in this Declaration shall continue and remain in full force and effect until this Declaration is terminated or revoked. The rule against perpetuities does not apply to defeat any provision of this Declaration or rules and regulations adopted pursuant hereto. 10.6 Enforcement and Remedies. Each provision of this Declaration with respect to a unit owner or the unit of an owner shall be enforceable by the Association by a proceeding for a prohibitive or mandatory injunction or by a suit or action to recover damages, or, in the discretion of the Association, for so long as any unit owner fails to comply with any such provisions, by denial of all voting rights of such unit owner and exclusion of such unit owner and such unit owner's guests from use of any common elements. If any person subject to the provisions of this Declaration fails to comply with any of its provisions or any provision of the Bylaws, Articles, or rules and regulations, any person or class of persons adversely affected by the failure to comply may require reimbursement for collection costs and reasonable attorneys' fees and costs incurred as a result of such failure to comply, without the necessity of commencing a legal proceeding. For each claim, including but not limited to counterclaims, cross-claims, and third-party claims, in any legal proceeding to enforce the provisions of the Declaration, Bylaws, Articles, or rules and regulations, the court shall award to the party prevailing of such claim the prevailing party's reasonable collection costs and attorneys' fees and costs incurred in asserting or defending the claim. Condominium Declaration for East Hopkins Page 27 t.J Q:J .... .... ..0 Ul IJ:! I -..j Q:J oS?! " I -I> 0.[) f1.) oS?! tll , IS; 0.[) , ..0 tij IS; (.) .. oS?! 0.[) " T1 cii t~) 0.[) ~ ~, 'T1 -I> +- 10.7 Protection of Encumbrancer - Inspection of Books and Records - Notice. (a) No violation or breach of, or failure to comply with, any provision of this Declaration and no action to enforce any such provision shall affect, defeat, render invalid or impair the lien of any mortgage, deed of trust or other lien on any unit taken in good faith and for value and perfected by recording in the office of the Clerk and Recorder of Pitkin County, Colorado, prior to the time of recording in said office of an instrument describing the unit and listing the name or names of the unit owner or unit owners of fee simple title to the unit and giving notice of such violation, breach or failure to comply; nor shall such violation, breach or failure to comply or action to enforce affect, defeat, render invalid or impair the title or interest of the holder of any such mortgage, deed of trust, or other lien or the title or interest acquired by any purchaser upon foreclosure of any such mortgage, deed of trust or other lien or result of any liability, personal or otherwise, of any such holder or purchaser. Any such purchaser on foreClosure shall, however, take subject to this Declaration except only that violations or breaches of, or failures to comply with, any provisions of this Declaration which occurred prior to the vesting of fee simple title in such purchaser shall not be deemed breaches or violations hereof or failures to comply herewith with respect to such purchaser, his heirs, personal representatives, successors or assigns. (b) The books and records of the Association including the current Declarations and By-Laws, rules of the Association, and financial records, shall be available for inspection during normal business hours to any holder, insurer, or guarantor of the mortgage on any unit, and any such person or entity shall be allowed to have an audited statement prepared at its own expense. (c) The holder, insurer, or guarantor of the mortgage on any unit shall have the right to timely notice of: (i) any condemnation or casualty loss that affects either a material portion of the project or the unit securing its mortgage; (iI) an sixty (60) day delinquency in the payment of assessments or charges owed by the owner of any unit on which it holds the mortgage; (Iii) a lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the owners' association; and (iv) any proposed action that requires the consent of a specified percentage of eligible mortgage holders. To be entitled to receive this information, the mortgage holder, insurer, or guarantor must send a written request to the owners' association, stating both its name and address and the unit number or address of the unit on which it has (or insures or guarantees) the mortgage. 10.8 Limited Liabilitv. If appointed by Declarant, in the performance of their duties, the officers and members of the Executive Board are required to exercise the care required of fiduciaries of the unit owners. If not appointed by the Declarant, no member of the Executive Board and no officer shall be liable for actions taken or omissions made in the performance of such member's duties except for wanton and willful acts or omissions. Condominium Declaration for East Hopkins Page 28 ~ t.) Q:J .... .... ..0 tij l:p , -..: Q:J o ~ ; -f,. ..0 W oS?! tij , S ..0 , ..0 tij <Sl to o. S 0$1 1J ,., Gi .;> 15! o .." .;:- .;:- 10.9 Tort and Contract Liabilitv. Neither the Association nor any unit owner except Declarant is liable for any cause of action based upon that Declarant's acts or omissions in connection with any part of the project which Declarant has the responsibility to maintain. Otherwise, any action alleging an act or omission by the Association must be brought against the Association and not against any unit owner. If the act or omission occurred during any period of Declarant control and the Association gives Declarant reasonable notice of an opportunity to defend against the action, Declarant who then controlled the Association is liable to the Association or to any unit owner for all tort losses not covered by insurance suffered by the Association or that unit owner and all costs that the Association would not have incurred but for such act or omission. Whenever Declarant is liable to the Association under this section, Declarant is also liable for all expenses of litigation, including reasonable attorneys' fees, incurred by the Association. Any statute of limitation affecting the Association's right of action under this section is tolled until the period of Declarant control terminates. A unit owner is not precluded from maintaining an action contemplated by this section by being a unit owner or a member or an officer of the Association. Declarant is liable to the Association for all funds of the Association collected during the period of Declarant control which were not properly expended. 10.10 Successors and Assians. This Declaration shall be binding upon and shall inure to the benefit of the Association, and each unit owner and the heirs, personal representatives, successors and assigns of each. 10.11 Severabilitv. Invalidity or unenforceability of any provisions of this Declaration in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of this Declaration. 10.12 Captions. The captions and headings in this instrument are for convenience only and shall not be considered in construing any provisions of this Declaration. 10.13 No Waiver. Failure to enforce any provisions of this Declaration shall not operate as a waiver of any such provision or of any other provision of this Declaration. AUTHORITY STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 9th day of May, 1995, by David Tolen, Executive Director of the Aspen/Pitkin County Housing Authority, Pitkin County, Colorado. Witness my hand and official seal. Page 29 c;i;~~~ Condominium Declaration for East Hopkins (,) iJ:l .... ... ..0 tij O:l ! --l (D oS?! "lJ ! -I> ..0 -I> oS?! tij , oS?! ..0 , ..0 tij oS?! (.; oS?! ..0 1J ~ u, -I> .... o '1 -I> -I> I EXHIBIT A Legal Description Condominium Unit , East Hopkins Condominiums, pursuant to the Condominium Declaration recorded in Book at Page of the records of Pitkin County, Colorado. Condominium Declaration for East Hopkins Page 30 (..j Q:J .... .... ..0 tij 'f ~ Q:J oS?! iJ ! -I> 0.0 tij oS?! tii , oS?! ..0 , ..0 tij oS?! (oj oS?! ..0 1J T1 G'i -I> fJ) o '1l -I> -I> EXHIBIT B UNIT ALLOCATIONS OF COMMON AREA INTEREST AND ASSESSMENTS FOR EAST HOPKINS UNIT 1 POINTS PERCENTAGE 25 25% 2 25 25% 3 25 25% 4 25 25% Condominium Declaration for East Hopkins (.J ():) .... .... oJ) tij 'l;l:I I --.I Q:J oS?! V i -I> ..0 tJ' $ tij , oS?! ..0 , oJ) t~ oS?! (oj .. oS?! oJ:! -0 1J CD -I> (0.) o "T1 -I> -I> Page 31 EXHIBIT C MASTER DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF EAST HOPKINS (,J Q:J .... .... ..0 tij This document was filed separately fOllowing the recording of the Condominium Declaration ;;0 I --.I Q:J oS?! 1J , ~ '" --.I o tij , o '" , '" to. o (~.i .. ~ '" 1J T1 rii -I> -I> CJ T: -I> .:> condominium Declaration for East Hopkins Page 32 ../ / \., 372029 8-755 P-337 07/13/94 11:23A PG 1 OF 31 SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER REC 155.00 DOC SUBDIVISION AGREEMENT FOR THE EAST HOPKINS AFFORDABLE HOUSING PROJECT I ;;> This SUBD VISIpN AGREEMENT is made and entered into as of the tv day of A (L , 1994 by and between Aspen/Pitkin County Housing Author ty the "Owner") and the City of Aspen, Colorado, a municipal corporation and home rule city (the "city"). WITNESSETH: WHEREAS, the Owner owns that certain real property (the "Property") located at 1017 East Hopkins, the complete legal description of which is lots F, G and H, Block 33 of the East Aspen Addition and lot 5, Block 5 of the Riverside Addition to the City of Aspen, County of Pitkin, State of Colorado; and WHEREAS, on November. 8, 1993 the city Council of the city of Aspen granted approval pursuant to Sections 24-8-104, 24-7-1102 and 24-7-1003 of the Municipal Code of the City of Aspen (the "Code") for the development of four (4) deed restricted dwelling units to be situated on the property (see Ordinance 60, Series of 1993 a copy of which is attached hereto as Exhibit "A"); and WHEREAS, the approval of the development of four (4) deed restricted dwelling units was conditioned upon the owner complying with certain requirements, including entering into and executing a Subdivision Agreement for the Property; and WHEREAS, the Owner has submitted to the City for approval, execution and recordation a plat for the property (the "Plat") and the City agrees to approve, execute and record the Plat on the agreement of the Owner to the matters described herein, subject to the provisions of the Code, the conditions contained herein and other applicable rules and regulations; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance of the Plat and such matters as are necessary to protect, promote and enhance the public health, safety and welfare; and l , ,~ Ii' WHEREAS, under Section 7-904 and 7-1006 of Article 7, Chapter 24 of the Municipal Code of the City of Aspen (hereinafter "Land Use Regulations"), the city is entitled to assurance that the matters agreed to herein will be performed by the Lessor and its successors or assigns; and - WHEREAS, the Owner is willing to enter into such agreement with the city and provide assurances to the city. 1 372029 8-755 P-338 07/13/94 11:23A PG 2 OF 31 WHEREAS, prior to entering into this Agreement, the City fully considered the development applications filed by the Owner with the city Planning Department and has reviewed the anticipated benefits and burdens to neighboring or adjoining properties by reason of this Project. Further, the City has considered the requirements, terms and conditions of the Municipal Code of the City of Aspen and such laws, rules and regulations as are applicable: and NOW, THEREFORE, in consideration of the mutual covenants contained herein and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: 1. Description of the Pro;ect: The project which the City Council approved consists of a one lot subdivision containing a four unit residential building. Each of the units will contain three bedrooms and attached garages. 2. Acceotance of Plat. Prior to filing, the amended plat shall be reviewed and approved by the Engineering and Planning Departments. Upon execution of this Agreement by all parties hereto, and upon approval of the final plat by the Engineering Department and Planning Office, the City agrees to approve, and execute the final plat for the Project submitted herewith, which conforms to the requirements of the Section 24-7-1004 of the Aspen Municipal Code. The City agrees to accept the Plat for recording and the Lessor shall file with the Pitkin County Clerk and Recorder a Final Plat and Subdivision Improvements Agreement within 180 days of final approval (July 14, 1993) or the approval is rendered invalid. 3. Construction Schedule and Phasina: The city and the Owner mutually acknowledge that an exact construction schedule cannot be determined for the project at this time. However, it is anticipated that construction of the project will begin during Spring, 1994 with completion occurring within twelve (12) months thereafter unless extended by mutual agreement of the parties. 4. parkina Requirements: Owner shall provide two onsite parking spaces per dwelling unit in the project. The spaces shall be located in the garages associated with each unit. 5. Dimensional Requirements: The dimensional requirements applicable to the project shall be those of the Affordable Housing Zone District, as follows: The total floor area for the project shall not exceed 8,526 square feet. The open space requirement for the project is established as a minimum of 35% of the site as reviewed and approved by the Aspen Planning and Zoning Commission. 2 372029 B-755 P-339 07/13/94 11:23A PEl 3 OF 31 Maximum height of the buildings shall be 25 feet as defined by section 3, Chapter 24 of the Aspen Municipal Code. 6. Public Improvements and Landscapinq: a. Special Improvements District: The Owner hereby agrees to join any Special Improvement District formed to cover the improvements not covered by the curb, gutter and sidewalk to be installed at the time of construction. b. Necessarv Public Improvements and Landscapinq: Attached hereto as exhibit "B" is an itemization of the cost of the following public improvements and landscaping, prepared and paid for by the Owner: (1) Sanitary Sewer system (2) Water Supply System (3) Sidewalk, curb and gutter (4) Landscaping c. utilitv Service Approval: Prior to issuance of a building permit for the project, detailed plans shall be issued to and reviewed by each of the utility providers. 7. utilitv Easements: utility easements as shown on the Plat are hereby dedicated by the Owner for the benefit of the City and public utility companies. The Plat shall contain a dedication by the Owner to this effect. 8. Drainaqe: Prior to the issuance of a building permit for the project, a drainage plan shall be submitted to the City in accordance with Section 24-7-1004 (C) (4) (f) of the Code and shall be approved by the Engineering Department. The drainage plan shall comply with requirements that historic runoff will be maintained, and the drainage plan will accommodate street drainage where the project reconfigures the pavement and adds curb and gutter. 9. Public Riqhts of Wav: The Owner shall obtain an excavation permit from the Streets Department and design approval from the Engineering Department for any work done in the public rights of way. 10. Trees: The Owner shall obtain a tree removal permit prior to issuance of a building permit for the project, and shall stake and fence all existing trees that are not to be removed in order to protect them from excavation and construction activities. 11. Access Aareement: Attached hereto as exhibit "c" is a quitclaim deed terminating the Owner's interest in the nonexclusive easement across lot Q, Block 33, East Aspen Addition to the townsite of Aspen. Access to the project will be from Hopkins Avenue and the public alley from Cleveland Avenue as shown on the plat. 3 372029 8-755 P-340 07/13/94 11:23A PG 4 OF 31 12. Parkinq Mitiqation Durina Construction: Prior to issuance of a building permit for the project, Owner shall submit to the Planning Office a parking mitigation plan that addresses construction activity on the site. 13. Deed Restrictions: The project is to be deed restricted as Category 4 housing pursuant to applicable Aspen/Pitkin County Housing Office Guidelines. Attached as exhibit "0" is an Occupancy and Resale Master Deed Restriction, which shall be recorded prior to issuance of a building permit for the project. Upon sale of each unit, a Memorandum of Acceptance of the Master Deed Restriction shall be executed and recorded by each unit buyer. 14. Material Representations: All material representations made by the Owner on record to the city in accordance with the approval of the project shall be binding upon the Owner, its successors and assigns. 16. Enforcement: In the event the city determines the Owner is not in substantial compliance with the terms of the Agreement or the Final Plat, the City may serve a notice of noncompliance and request that the deficiency be corrected within a period of forty five (45) days. In the event the Owner believes that it is in compliance or that the noncompliance is insubstantial, the Owner may request a hearing before the city Council to determine whether the alleged noncompliance exists or whether any amendment, variance or extension of time to comply should be granted. On request, the City shall conduct a hearing according to the standard procedures and take such action as it then deems appropriate. The City shall be entitled to all remedies at equity and at law to enjoin, correct and/or receive damages for any noncompliance with this agreement. 17. Notices: Notices to the parties shall be sent by U.S. certified mail, return receipt requested, postage prepaid to the addresses set forth below, or to any other addresses which the parties may substitute in writing. Such notices shall be deemed received, if not sooner received, three (3) days after the date of mailing of same. To the Owner: Aspen/Pitkin County Housing Office 530 East Main Street, suite 001 Aspen, CO 81611 City Attorney city of Aspen 130 South Galena Street Aspen, CO 81611 To the City: 4 372029 B-755 P-341 07/13/94 11:23A PG 5 OF 31 18. Bindinq Affect: The provisions of this agreement shall run with and constitute a burden on the land on which the project is located and shall be binding and enure to the benefit of the Owner, its successors and assigns and to the City, its successors and assigns. 19. Amendment: This agreement may be altered or amended only by written instrument executed by all the parties hereto, with the same formality as this Agreement was executed. 20. Severabilitv: If any of the provisions of this agreement are determined to be invalid, it shall not affect the remaining provisions hereof. IN WITNESS HEREOF, the parties hereto have executed this Subdivision Agreement the day and year first written above. 5 372029 B-755 P-342 07/13/94 11:23A PG 6 OF 31 ATTEST: THE CITY OF ASPEN, COLORADO a municipal corporation city Clerk By: Jo*=nne~~ ASP /PITRIN COUNTY HOUSING AUTHORITY By: M. Bake I Exec tive Director APPROVED AS TO FORK /~ / ,,-,,/ It'~' city torney ) ) ss: ),(~f~ ?:~<~,:' ." , instrument is hereby acknowledged before,me this I 1994 by Jo~n Bennettas,~~~j~pd as city Clerk of the CJ.ty of Aspen. ':;'" .<~/ COUNTY OF PITKIN A.d The foreg , Lf:!!':L day 0 f Katherine S. ch, My commission expires: witness my hand and seal. "lY Commlu19n __ 9/27,. rp.<(i.~)~' (f;A""1f' No ary blJ.c ) ) ss: COUNTY OF PITKIN ) C#--- The foregoing instrument is hereby acknowledged before me this .24: day of ';::7(:; "'...... I 1994 by Thomas M. Baker as Executive Director of the Aspen/Pitkin County Housing Authority. STATE OF COLORADO witness my hand and seal. My commission expires: 1).1 Ii& '..~""~.~'t',,~., ... ,~"~ :;':'~',e~ / /"", , ~"'\"""".".~'c,,, lo"."-- .. -.,-.,. ;'.-' ll,l""'t."".. . <",r::;. . -~.~. 1:n' ~^""-i' "_/- fh ':f;. . ~,,/!J, '~:"::'_ ~ -" T - (.. L}j'.1 ~,. ,,';\ 6 Jl Colorado First III Construction Co. June 22, 1994 Mr. Dave Tolen Housing Authority of Aspen/Pitkin County 530 East Main Street Aspen, CO 81611 Re: East Hopkins Dear'paye: Enclosed is the cost breakdown that you requested. Water service Sewer service Sidewalks, cub & gutter Landscaping $1,440. $1,792. $5,328. $14,176. I hope that this is what you need. We are looking forward to starting this project. Please do not hesitate to call if you have further questions or need additional information. Sincerely, ~ ~;;J, ~_ ~;" 1 ~~~' ~/.~", ~ ~ Mike Cuthbertson Vice President Preconstruction Services 372029 B-755 P-350 07/13/94 11:23A PG 14 OF 31 Drawer 1099 . 160 Highway 6 . Suite 204 FirstSank Center. Silverthorne, CO 80498 . (303) 468-6760 . FAX (303) 468-8488 MASTER DEED RESTRICTION OF THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY'S OCCUPANCY AND RESALE DEED RESTRICTION AGREEMENT, AND COVENANT THIS QCCUPANCY AND RESALE DEED RESTRICTION, AGREEMENT ,AND COVENANT (the "Agreement") i$ made and ent;E:!red into this day of ,19 ,by 1 (hereinafter referred to as "Owner"), for the benefit of thE:! parties and enforceable by the ASPEN/PITKIN COUNTY HOUSING AUTHORITY (hereinafter referred to as "APCHA"), a duly constituted multi-jurisdictional Housing Authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT by and between the City of Aspen, Colorado (the "City") and Pitkin County, Colorado (the "County"), dated September 26, 1989 and recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office. WIT N E SSE T H: WHEREAS, Owner has purchased from the APCHA at a price of S 2 , and owns as a result of that certain warranty deed executed on the date hereof, an approximately 3 square foot dwelling ("Dwelling") located on the real property more specifically described in Exhibit "A" attached hereto and incorporated herein. For purposes of this Agreement, the dwelling, the real property and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property"; and WHEREAS, as a condition of the sale to the Owner of the Property, the Owner is required to enter into this Agreement; and WHEREAS, Owner agrees to restrict the acquisition or transfer of the Property to "Qualified Buyers," as that term is defined in this Agreement, who fall within the Category 4 income range e$tablished and adopted by the APCHA from time to time in it's Affordable Housing Guidelines. In addition, the Owner agrees that this Agreement shall constitute a resale agreement setting forth the maximum sale's price for which the Property may be sold ("Maximum Sale's Price"), the amount of appreciation and the terms and provisions controlling the resale of the Property should Owner desire to sell the Property at any time after the date of this Agreement. Finally, by this Agreement, Owner agree$ to restrict the Property il-gainst use and occupancy inconsistE:!nt with thi$ Agreement. 'TO be determined by a later recorded memorandum encumbering each individuaL lot. 2See Footnote 1. 3see Footnote 1. 372029 8-755 P-352 07/13/94 11:23A PG 16 OF 31 WHEREAS, "Qualified Buyers" are natural persons meeting the income, residency and all other qualifications set forth in the Aspen/Pitkin County Housing Authority Affordable Housing Guidelines (hereinafter "the Affordable Housing Guidelines"), or its substit1,lte, as adopted by the APCHA, or its successor, and in effect at the time of the closing of the sale from Owner to the Qualified Buyer, and who must represent and agree pursuant to this Agreement to occupy the Property as their sole place of residence, not to engage in any business activity on the Property, other than a valid home occ1,lpation. A valid home occupation for the purposes of this Agreement is permitted to the extent that it is not inconsistent with the land use provisions of the Aspen Municipal Code as in effect from time to time and subject to the applicable licensing and taxation requirements of the City. NOW, THEREFORE, for value sufficiency of which is hereby represents, covenants and agrees as received, the acknowledged, follows: receipt and Owner hereby 1. The use and occupancy of the Property shall henceforth be limited exclusively to housing for natural persons who meet the definition of Qualified Buyers and their families. 2. An Owner is a Qualified Buyer and, in connection with the purchase of this Property, Owner agrees: a) to occupy the Property as his or her sole place of residence during the time that the Property is owned by the Owner; b) not to engage in any business activity on or in the Property other than a valid home occupation as allowed by the Aspen Municipal Code as in effect from time to time; c) to sell or otherwise transfer the Property only in accordance with this Agreement and the Affordable Housing Guidelines; and d) not to permit any use or occupancy of the Property except in compliance with this Agreement. 3, a. It shall be a breach of this Agreement for Owner to default in payments or other obligations due or to be performed under a promissory note secured by a first deed of trust encumbering the Property. Owner hereby agrees to notify the APCHA, in writing, of any notification Owner receives from a lender, or its assigns, of past due payments or default in payment or other obligations due or to be performed under a promissory note secured by a first deed of trust, as described herein, within five (5) calendar days of Owner's notification from lender, or its assigns, of said default or past due payments. b. Upon notification from Owner, as provided above, or other notice of such default, the APCHA may offer loan counseling or distressed loan services to the Owner, if any of these services are available, and is entitled to require the Owner to sell the Property to avoid the -2- 372029 ^~,/13/94 11:23A PG 17 OF 31 B-755 P-353 v - commencement of any foreclosure proceeding against the Property. In the event that the APCHA determines that sale of the Property is necessary, Owner shall immediately execute a standard Listing Contract on forms approved by the Colorado Real Estate Commission with the APCHA, providing for a 30-day listing period, At this time, the Owner shall deposit with APCHA an amount equal to one percent (1%) of the estimated value of the Unit. If a sales contract has not been executed within the initial 30-day period, Owner shall extend the listing period for an additional 180 days, provided such exten- sion does not conflict with the statutory rights of any secured creditors. The APCHA shall promptly advertise the Property for sale by competitive bid to Qualified Buyers, At the time of closing, the Owner shall pay to APCHA an additional one percent (1%), for a maximum fee of two percent (2%) of the sales price. In the event of a listing of the Property pursuant to this Paragraph 3, the APCHA is entitled to require the Owner to accept the highest of any qualified bids which satisfies the Owner's financial or other obligations due under the promissory note secured by a first deed of trust and deed of trust in favor of the APCHA, as described herein, and to sell the Property to such qualified bidder. c. Upon receipt of notice as provided in paragraphs 3a and b, the APCHA shall have the right, in it's sole discretion, to cure the default or any portion thereof. In such event, the Owner shall be personally liable to APCHA for past due payments made by the APCHA together with interest thereon at the rate specified in the promissory note secured by the first deed of trust, plus one percent (1%), and all actual expenses of the APCHA incurred in curing the default. The Owner shall be required by APCHA to execute a promissory note secured by deed of trust encumbering the Property in favor of the APCHA for the amounts expended by the APCHA as specified herein, including future advances made for such purposes. The Owner may cure the default and satisfy it's obligation to the APCHA under this subparagraph at any time prior to execution of a contract for sale, upon such reasonable terms as specified by the APCHA. Otherwise, Owner's indebtedness to the APCHA shall be satisfied from the Owner's proceeds at closing. 4, This Agreement shall constitute covenants running with the real property, described in Exhibit "A", as a burden thereon, for the benefit of, and shall be specifically enforceable by the APCHA or the City, and their respective successors and assigns, as applicable, by any appropriate legal action, including but not limited to, specific performance, -3- 372029 8-755 P-354 07/13/94 11:23A PG 18 OF 31 injunction, reversion, or eviction of non-complying owners and/or occupants. 5. In the event that the Owner desires to sell the Property, the Owner shall execute a standard Listing Contract on forms approved by the Colorado Real Estate Commission with the APCHA providing for a 180-day listing period, or such other time period as required by the APCHA Affordable Housing Guidelines in effect at time of listing. At this time, the Owner shall deposit with APCHA an amount equal to one percent (1%) of the estimated value of the Unit. The APCHA shall promptly advertise the Property for sale by competitive bid to Qualified Buyers. At the time of closing, the Owner shall pay to APCHA an additional one percent (1%), 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. MAXIMUM SALE'S PRICE 6. In no event shall the Property be sold for an amount ("Maximum Sale's Price") in excess of the lesser of: a. $*(the owner's purchase price aoes here), 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 multiplied by the Consumer Price Index last published prior to the date of Owner's notice of intent to sell divided by the Consumer Price Index current at the date of this Agreement. In no event shall the multiplier be less than one (1), For purposes of this Agreement, "date of intent to sell" shall be the date of execution of a listing contract when required by this agreement, or if a listing contract is not otherwise necessary, the date shall be determined to be the date upon which a requirement for the Owner to sell is first applicable, NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A REPRESENTATION OR GUARANTEE BY THE APCHA, THE CITY OR THE COUNTY THAT ON SALE THE OWNER SHALL OBTAIN THE MAXIMUM SALE'S PRICE. 372029 / I -4- I I '8-755 P-355 07/13/94 11:23A PG 19 OF 31 7. a, For the purpose of determining the Maximum Sale's Price in accordance with this Section, the Owner may add to the amount specified in Paragraph 6 above, fifty percent (50%) of the cost of Permitted Capital Improvements, as defined in Exhibit "B", attached hereto and incorporated herein, in a total amount not to exceed $** , which is ten percent (10%) of the initial listed purchase price set forth in paragraph 6a above. 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 7a. b. Permitted Capital Improvements shall not include any changes or additions to the Property made by the Owner during construction or thereafter, except in accordance with Paragraph 7a above. Permitted Capital Improvements shall not be included in the APCHA' s listed purchase price, even if made or installed during original construction. c. In order to qualify as Permitted Capital Improvements, the Owner must furnish to the APCHA the following information with respect to the improvements which the Owner seeks to include in the calculation of Maximum Sale's Price: 1) Original or duplicate receipts to verify costs expended by the Owner for the Capital Improvements; the actual Permitted 2) Owner's affidavit verifying that the receipts are valid and correct receipts tendered at the time of purchase; and 3) True and correct copies of any building permit or certificate of occupancy required to be issued by the Aspen/Pitkin County Building Department with respect to the Permitted Capital Improvements. d. For the purpose of determining the Maximum Sale's Price in accordance with this Section, the Owner may also add to the amount specified in Paragraphs 6 and 7a, 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 required by Paragraph 7c, 1) - 3). -5- 372029 8-755 P-356 07/13/94 11:23A PG 20 OF 31 e. In calculating the costs under Paragraphs 7a and 7d, only the Owner's actual out-of-pocket costs and expenses shall be eligible for inclusion. Such amount shall not include an amount attributable to Owner's "sweat equity" or to any appreciation in the value of the improvements. 8. All disputes between the Owner and the administrative staff of the APCHA shall be heard in accordance with the grievance procedures set forth in the Affordable Housing Guidelines. 9. Owner shall not permit any prospective buyer to assume anyor 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. 10. In the event that one qualified bid is received equal to the Maximum Sale's Price herein established, the Property shall be sold to such bidder at the Maximum Sale's Price; and in the event Owner receives two or more such bids equal to the Maximum Sale's Price, the Qualified Buyer shall be selected according to the priority for Sale Units set forth in the Affordable Housing Guidelines; and, in the event that all such qualified bidders are of equal priority pursuant to the Affordable Housing Guidelines, the Qualified Buyer shall be selected by lottery among the qualified bidders, whereupon the Property shall be sold to the winner of such lottery at the Maximum Sale's Price. If the terms of the proposed purchase contract, other than price, as initially presented to the Owner, are unacceptable to the Owner, there shall be a mandatory negotiation period of three (3) business days to allow the Owner and potential buyer to reach an agreement regarding said terms, including but not limited to, the closing date and financing contingencies. If, after the negotiation period is over, the Owner and buyer have not reached an agreement, the next bidder's offer will then be presented to the Owner for consideration and a three (3) business day negotiating period will begin again. The Owner may reject any and all bids, however, the Owner is subject to the provisions in the Affordable Housing Guidelines pertaining to the listing fee. Bids in excess of the Maximum Sale's Price shall be rejected. If all bids are below Maximum Sale's Price, Owner may accept the highest qualified bid. If all bids are below Maximum Sale's Price and two or more bids are for the same price, the Qualified Buyer shall be selected by lottery from among the highest qualified bidders. 11. In the event that title to the Property vests by descent in individuals and/or entities who are not Qualified Buyers as that term is defined herein (hereinafter "Non-Qualified Transferee(s)"), the Property shall immediately be listed for sale as provided in Paragraph 5 above (including the payment -6- 372029 B-755 P-357 07/13/94 11:23A PG 21 OF 31 of the specified fee to the APCHA) , and the highest bid by a Qualified Buyer, ,for not less than ninety-five percent (95%) of the Maximum Sale's Price or the appraised market value, whichever is less, shall be accepted; if all bids are below ninety-five percent (95%) of the Maximum Sale's Price or the appraised market value, the Property shall continue to be listed for sale until a bid in accordance with this section is made, which bid must be accepted. The cost of the appraisal shall be paid by the Non-Qualified Transferee(s). a. Non-Qualified Transferee (s) shall JOJ.n in any sale, conveyance or transfer of the Property to a Qualified Buyer and shall execute any and all documents necessary to do so; and b. Non-Qualified Transferee(s) agree not to: 1) occupy the Property; 2) rent all or any part of the Property, except in strict compliance with Paragraph 15 hereof; 3) engage in any other business activity on or in the Property; 4) sell or otherwise transfer the Property except in accordance with this Agreement and the Affordable Housing Guidelines; or 5) sell or otherwise transfer the Property for use in a trade or business. c. The APCHA and the City, or their respective successors, as applicable, shall have the right and option to purchase the Property, exercisable within a period of fifteen (15) calendar days after receipt of any notice submitted to the APCHA by a Non-Qualified Transferee(s) of its acquisition of the Property. In the event of exercising their right and option, the APCHA or the City shall purchase the Property from the Non-Qualified Transferee (s) for a price of ninety-five percent (95%) of the Maximum Sale's 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 by the Non-Qualified Transferee. d, Where the provisions of this Paragraph 11 apply, the APCHA may require the Owner to rent the Property in accordance with the provisions of Paragraph 15, below. OWNER RESIDENCE 12. Owner represents and warrants that the Property shall be and is to be utilized only as the sole and exclusive place of residence of an Owner. 13. Owner agrees that in the event Owner changes domicile or ceases to utilize the Property as his sole and exclusive place -7- 372029 B-755 P-358 07/13/94 11:23A PG 22 OF 31 of residence, the Property will be offered for sale pursuant to the provisions of Paragraph 11 of this Agreement. Owner shall be deemed to have changed Owner's domicile by becoming a resident elsewhere or accepting permanent employment outside Pitkin County, or residing on the Property for fewer than nine (9) months per calendar year without the express written approval of the APCHA. Where the provisions of this Paragraph 13 apply, the APCHA may require the Owner to rent the Property in accordance with the provisions of Paragraph 15, below. 14, If at any time the Owner of the Property also owns any interest alone or in conjunction with others in any developed residential property or dwelling unit(s) located in Eagle, Garfield, Gunnison or Pitkin Counties, Owner agrees to immediately list said other property or unit for sale and to sell Owner's interest in such property at a sales price comparable to like units or properties in the area in which the property or dwelling unit(s) are located. In the event said other property or unit has not been sold by Owner within 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 Paragraph 11 of this Agreement. It is understood and agreed between the parties hereto that, in the case 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 developed residential property" or "dwelling unit(s)" as those terms are used in this Paragraph 14. RENTAL 15. Owner may not, except with prior written approval of the APCHA, and subject to APCHA's conditions of approval, rent the Property for any period of time. Prior to occupancy, any tenant must be approved by the Homeowner'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 Guidelines. The APCHA shall not approve any rental if such rental is being made by Owner to utilize the Property 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 which 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 payments, taxes, property insurance, -8- 372029 B-755 P-359 07/13/94 11:23A PG 23 OF 31 condominium or homeowners assessments, utilities remaining in owner's name, plus an additional twenty dollars ($20) and a reasonable (refundable) security deposit. The requirements of this paragraph shall not preclude the Owner from sharing occupancy of the Property with non-owners on a rental basis provided Owner continues to meet the obligations contained in this Agreement, including Paragraph 12. 16. IN NO EVENT SHALL THE OWNER CREATE AN ADDITIONAL DWELLING UNIT, AS DEFINED IN THE PITKIN COUNTY OR CITY OF ASPEN LAND USE CODES, IN OR ON THE PROPERTY. 17. NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE THE APCHA TO PROTECT OR INDEMNIFY THE OWNER AGAINST ANY LOSSES ATTRIBUTABLE TO THE RENTAL, INCLUDING (NOT BY WAY OF LIMITATION) NON- PAYMENT OF RENT OR DAMAGE TO THE PREMISES; NOR TO REQUIRE THE APCHA TO OBTAIN A QUALIFIED TENANT FOR THE OWNER IN THE EVENT THAT NONE IS FOUND BY THE OWNER, BREACH 18. In the event that APCHA has reasonable cause to believe the Owner is violating the provisions of this Agreement, the APCHA, by it I S authorized representative, may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner with no less than 24 hours' written notice. 19, The APCHA, in the event a violation of this Agreement is discovered, shall send a notice of violation to the Owner detailing the nature of the violation and allowing the Owner fifteen (15) days to cure. Said notice shall state that the Owner may request a hearing before APCHA within fifteen (15) days to determine the merits 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 based on the record of such hearing shall be final for the purpose of determining if a violation has occurred. REMEDIES ~ 20. There is hereby reserved to the parties hereto any and all remedies provided by law for breach of this Agreement or any of its terms. In the event the parties resort to litigation with respect to any or all provisions of this Agreement, the -9- 372029 B-755 P-360 07/13/94 11:23A PG 24 OF 31 prevailing party shall be entitled to recover damages and costs, including reasonable attorneys' fees. 21. In the event the Property 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 purported buyer. Each and every conveyance of the Property, for all purposes, shall be deemed to include and incorporate by this reference, the covenants herein contained, even without reference therein to this Agreement. 22. In the event that the Owner fails to cure any breach, the APCHA may resort to any and all available legal action, including, but not limited to, specific performance of this Agreement or a mandatory injunction requiring sale of the Property by Owner as specified in Paragraphs 3, 11, 13, and 14. The costs of such sale shall be taxed against the proceeds of the sale with the balance being paid to the Owner. 23, In the event of a breach of any of the terms or conditions contained herein by the Owner, his heirs, successors or assigns, the APCHA' s initial listed purchase price of the Property as set forth in Paragraph 6a of this Agreement shall, upon the date of such breach as determined by the APCHA, automatically cease to increase as set out in Paragraph 6 of this Agreement, and shall remain fixed until the date of cure of said breach, FORECLOSURE 24. If FNMA-type financing is used to purchase the Property, as determined by the APCHA, the APCHA and the City Council may, pursuant to that certain Option to Purchase executed and recorded of even date herewith, the terms of which are incorporated in this Agreement by this reference as if fully set forth herein, agree to release and waive their ability to enforce the resale deed restrictions contained herein, in the event of foreclosure, provided that said Option to Purchase grants to the APCHA and the City, as the designee of the APCHA, the option to acquire the Property within thirty (30) days after the issuance of a public trustee's deed to the holder (including assigns of the holder) of the promissory note secured by a first deed of trust for an option price not to exceed the redemption price on the last day of all statutory redemption period(s) and any additional reasonable costs incurred by the holder during the option period which are directly related to the foreclosure. In the event that APCHA or the City, as the designee of the APCHA, exercise the option pursuant to the terms of that certain Option to Purchase, described above, the APCHA and/or -10- 372029 B-755 P-361 07/13/94 11:23A PG 2~ O~ - ... 31 its designee, may sell the Property to Qualified Buyers as that term is defined herein, or rent the Property to qualified tenants who meet the income, occupancy and all other qualifications, established by the APCHA in its Affordable Housing Guidelines until sale to a Qualified Buyer is effected. GENERAL PROVISIONS 25. Notices. Any notice, consent or approval which is required to be given hereunder shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully 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 Owner: ** To APCHA: Executive Director Aspen/Pitkin County Housing Authority 530 East Main Street, Lower Level Aspen, Colorado 81611 26. Exhibits. Exhibits "A" and "B", attached hereto, are incorporated herein and by this reference made a part hereof. 27. Severabilitv. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such document. 28. Choice of Law. This Agreement and each and every related document is to be governed and construed in accordance with the laws of the State of Colorado. 29. Successors. Except as otherwise provided herein, provisions and covenants contained herein shall inure to be binding upon the heirs, successors and assigns of parties, the and the -11- 372029 B-755 P-362 07/13/94 11:23A PG 26 OF 31 30. Section Headinqs. Paragraph 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. 31. Wai ver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. 32. Gender 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. 33. Personal Liabilitv. Owner agrees that he or she shall be personally liable for any of the transactions contemplated herein. 34. Further Actions. The parties to this Agreement agree to execute such further documents and take such further actions as may be 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. 35. Modifications. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made by writings signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado, Notwi th- standing the foregoing, the APCHA reserves the right to amend this Agreement unilaterally where deemed necessary to effectuate the purpose and intent of this Agreement, and where such unilateral action does not materially impair the Owner's rights under this Agreement. 36. Owner and Successors. The term "Owner" shall mean the person or persons identified at the beginning of this Agreement and any other person or persons who shall acquire an ownership interest in the Property in compliance with the terms and provisions of this Agreement; it being understood that such person or persons shall be deemed an "Owner" 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 and restrictions contained herein during such period. -12- 372029 8-755 P-363 07/13/94 11:23A PG 27 OF 31 IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. OWNER: ** By: Name: Title: Mailing Address: **To be determined by a later recorded memorandum encumbering each individual lot, DECLARATION BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY The foregoing Master Deed Restriction of the Aspen/Pitkin County Housing Authority's Occupancy and Resale Deed Restriction, Agreement and Covenant and its terms are hereby adopted and declared by The Aspen/Pitkin County Housing Authority, THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY By,: Title: STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of , 19__, by Witness my hand and official seal. My commission expires: Notary Public clc:\word\saLes\mstr_apc.dr -13- 372029 B-755 P-364 ()7/13/94 11 ? . :~3A PG 28 OF 31 EXHIBIT "A" Legal Description East Hopkins Affordable Housing Subdivision according to the plat thereof recorded in Book ,Page ,of the records of the Clerk and Recorder's Office of Pitkin County, Colorado. 372029 B-755 P-365 07/13/94 11:23A PG 29 OF 31 -14- EAST HOPKINS TOWNHOMES EXHIBIT "B" TO THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY'S OCCUPANCY AND RESALE DEED RESTRICTION, AGREEMENT, AND COVENANT Permitted Capital Improvements 1 . The term "Permitted Capital Improvement" as used in the Agreement shall only include the following: a. Improvements or fixtures erected, installed or attached as permanent, functional, non-decorative improvements to real property, excluding repair, replacement and/or maintenance improvements; b. Improvements for energy and water conservation; c. Improvements for the benefit handicapped persons; of seniors and/or d. Improvements for health and safety protection devices: e, Improvements to add and/or finish permanent/fixed storage space; f. Improvements to finish unfinished space; and/or g, The cost of adding decks and balconies, and any extension thereto. 2. Permitted Capital Improvements as used in this Agreement shall not include the following: a. Landscaping; b. Upgrades of appliances, plumbing and mechanical fixtures, carpets, and other similar items included as part of the original construction of the unit; c, Jacuzzis, saunas, steam showers and other similar items; d. Improvements required to repair, replace and maintain existing fixtures, appliances, plumbing and mechanical fixtures, painting, carpeting and other similar items; e. Upgrades or addition of decorative items, including lights, window coverings, and other similar items, 3. All Permitted Capital Improvement items and costs shall be approved by the APCHA staff prior to being added to the Maximum Resale Price as defined herein. 372029 B-755 P-366 07/13/94 11:23A PG 3() OF 31 ,"," ('0""',:>; ......;1' .~'.';'.11-,f'..,. ... ....>....\ " ,'. " ", ~~, ':. 1'f1,,'I1' . 'r'.... ., -G\....' {J,.',;:.." &'~i~" .".'.., . ,,,,: ~':"l .' '. "'.' . . " .' -' ". ..~'..,",.."..."~.. r,,'-, '. ~- '4 _ '" I" """01111\\ IV U;U (TIt! QUIT CLAIM DEED I '!'HIS DEED, Made this ""30 day of May, 1994, between Aspen/Pitkin County Housing Authority, a multi-jurisdictional housing authority under the laws of the State of Colorado, of the County of Pitkin and State of Colorado, Grantor; and A and S Grossblatt Revocable Trust dated June 22, 1989, whose address is 630 North Crescent Drive, Beverly Hills, CA 90210; and Joan Getz, 283 Catalonia, Coral Gables, FL 33134, Grantees, as Tenants in Common pursuant to the Condominium Declaration for the Ten Sixteen East Hyman Condominium, recorded in Book 374 at page 325. WITNESSE'!'H, That Grantor, for and in consideration of the sum of One Dollar and no/100 ($1.00) the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents do remise, release, sell and QUIT CLAIM unto Grantees, their heirs, successors and assigns forever, all the right, title, interest, claim and demand which Grantor has in and to the real property, together with improvements, if any, situate, lying, and being in the County of Pitkin and State of Colorado, described as follows: Any and all right, title and interest of Grantor in and to a non-exclusive easement and right-of-way over and across the easterly fourteen (14) feet of Lot Q, Block 33, East Aspen Addition to the Townsite of Aspen for the purpose of access to and from the alley located in said Block 33 from and to Hyman Avenue, and as shown on the Condominium Map of Ten Sixteen East Hyman Condominiums, recorded at Plat Book 8, Page 31. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of Grantor either in law or equity, to the only proper use, benefit and behoof of Grantees, their heirs and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, Grantor on the date set forth above. im Deed David J. Myler Chairman Aspen/Pitkin ounty Housing Authority STATE OF COLORADO ) ) ) ss. COUNTY OF PITKIN ?he foregoing instrwi;~ht ~~S.:acknowledged 30 day of Hl!L.. 1994 I?Y Davi~J. Myler. WITNESS my hand and official seal. My commission expires: 1/~)..-1(, before me this c:\wp51\apcha\qu1tclm.509 ._-_...__.~--_..._.._"-~-,._-,._----~~----_.- 372029 B-755 P-367 07/13/94 11:23A PG 31 OF 31 %~ ."~ m 1:..oJ ~-J r IA <0 ~-I> D-I> o D <ttl ...., en-J tij (0 " , .... ':.oJ "-1> ~ ~ I~' j...;co Z, .... no 0' C-<l Z-I> -1 -<... n:':" r-l> 1110- ;UD ^ " ~G) ;U... 111 n o :uo 1:1"Tl rrT :U... ,. ;U ~~ 8 o r>Q g" June 13, 1994 Mr. Chuck Roth, P,E, Page 2 Thank you for your consideration, please feel free to contact me if I may provide additional information. Very Truly Yours, SCHMUESER GORDON MEYER INC. w.~~ ay W. Hammond, P.E. Principal, Aspen Office JHllh 93137CA cc: Dave Tolen, Aspen/Pitkin Housing Authority ~ (}~~ . {\O\ ~ \i- eI 0\~~~ ~~\~\\ SCHMUESER GORDON MEYER, INC. ~ ,~ '. . illJmill~u June 3, 1994 Mr. Chuck Roth, P,E, CITY OF ASPEN ENGINEERING DEPT. 130 South Galena Street Aspen, CO. 81611 RE: East Hopkins Affordable Housina Proiect. Drainaae Calculations and Final Plat Dear Chuck: Enclosed per your request are the calculations for the on-site drainage system at the East Hopkins Affordable Housing project at 1017 East Hopkins Avenue in Aspen. We have, in fact, oversized the proposed drywells somewhat in order to contain more drainage than is required. This was done, in part, because of the difficulties of providing an overflow system at this site. Soils are such that we do not anticipate any problem with recharge-from the proposed drywells. I have also provided Mr, Dave Tolen of the Aspen/Pitkin Housing Authority two sets of mylar originals of our portions of the plat drawings for the property. These plats were modified based on your mark-up of the preliminary plats, which I have also returned to Dave, There were a couple of items on the markup that are not included in the final mylars, specifically: 1. Installation of a drop inlet in the new curb line with connection to our on-site drywell. I am very concerned about the idea of taking uncontrolled street drainage and routing it into an on-site drywell for a small project on private property, The project is constructing additional paved surface as well as curb, gutter and sidewalk within the right-of-way to the benefit of and at no expense to the City and public. Drainage of the public rights-of- way is, in our opinion, the responsibility of the City of Aspen and should not be routed onto private property unless drainage facilities can be designed for such purpose and easements granted to the City for access and continuing maintenance purposes. This on-site drainage system for a relatively small project and site is not designed for receiving flow from significant additional paved area and, as I mentioned above, lacks an overflow system in the event of any overcharge. This does not create a concern when draining the project itself and has been sized accordingly but could be a substantial problem if flows are to be accommodated from a large portion of the public rightcof-way. The configuration of the adjacent street could serve to route drainage from paved areas beyond the extent of the new surfaces constructed by the project. I would strongly resist the suggestion that public drainage be routed into the project site. 2, The 25 foot separation between the two driveway cuts onto East Hopkins, The project design and locations of the garage entries simply do not allow a 25 foot separation, Combining the drives into one curb cut creates an unworkable condition for maneuvering into the garage entries. It is within the purview of the City Engineer to vary these requirements under City of Aspen Code Section 19-102 and we request that you do so in this case. ~ ~, . June 3, 1994 Mr. Chuck Roth, P.E. Page 2 Thank you for your consideration, please feel free to contact me if I may provide additional information. Very Truly Yours, SCHMUESER GORDON MEYER INC. Jay W. Hammond, P.E. Principal, Aspen Office wrlli~~u JHlJh 93137CA cc.'. Do--v\1... \O\~ " ' 4. J-/.qL/ --I ',', I') ': : I' ',' 1 : 1 :: , :. ',' , ' ':' :, i: ,: Ii: : i :: ",',' i: c:.il'\ ' ^r:, nL", JI _'Ai' : , ',: ': :,: IT """") ", '^"~('''' ~,,\!'l,~\ oA: : ' :\ I :: -:' ,) : ' :', : ,I i, It , I i I : Ii:: : I : 1 , i ~I.. ..,.'~ t. ,\ '1-L,\.;,... : : I' " ': : :\' ' :," ::,:,:1 " ":' [I ,,:, [ , 1 (.')- ~ A' 1 :' ' : [ i, 'i:, , (': ('7: c:' / r:. , I \"/\> A ..N \\1,: i :: 1 : E. ': '- II i./:,' 'I' I , ,..- " ,j 'Z' ,:'" h, 0(') \1(" ,.hi..,~l '^ -;, I:: 1 : : ':;,1',;1-7 ,.....1 ('L h~ I , ': :', : " , , I A ' - [q,.,orl 1, r I:' i::: ' : , ,I " ':, " , . ' " ," , :' :', : : , ,6 ~I 'Z<"" ('...,. - h ~,~\ (, ,,/'\t\ r... ~ \: · ,,',' ," I ",""', ii, [ ~,'.it..., \. ., <t" './. :.II,,~ ....., '.,., Q I ~,o ~ : II, "',... ::..' 10- {b, ~1< 1'+ s- , I :'. I: : I , ,rt ,-'("nJe~-. : : : (', I "fjlnT "1. I' ....lknUQJ' -, , ' . ',~ I.lJ..T.; I I t'l,H.: . ,if...% sf I) LJq' i " , -'. j (,' \' () . "1"/ 4."" "') -7 '" , : '1 ('), 1 II ' ') I J~/.L ~ 1'17<'; -.';/,'" hi, :0')1,': ': ,:11' :: i' 'I 1-:, \{')-T:1.ci I , 0 -:l /-:1 (.\ · / .,[,. c" .(' I.' ~'\ ( q f'1('j ~ +- ~ '\ :'- 1 1 ", ' ,: , ""," ['(;/,"', A :1 ~: \-:. _ci"'c~.c~ L ,;'" ..\~~ .,. i:J1/~II;' f..:3 , ::'! " , ':'. Ii' 1 : \./_JrT = :iJl!^':i'YLif.'-nln<;>,~I[)1 ::7':1Q;>"Z.tJ-'s: : : ' : ' , hT ~ (~.:. : " '-.~ ~,' ',1\[ i, I,' " :, '" ;'l'.... "0 II "I . Q ~ I lJ",.~ 'l :d ,..-'11>, : : ' : : : ,I' ,T ,I' I, ~ .. . \ . · 1 " I..: : :' ,:.'.: I :: I : ' ,I ' : 1 ,,:. : : [. " .-, , :. : . , I : : , : ' : " ' "_ I : , ' , , " : i ill I: : : ' ) , I . ,[ , : Ii , i "'.' ,-, SCHMUESER GORDOPi ,.-lEVER, INC. 118 W. 6th St. Suite 200 P.O. 60x 2155 Glenwood Springs. CO 81601 Aspen. CO 81612 (303) 945.1004 (303) 925.6727 FAX (303) 945.5948 FAX (303) 925-4157 JOB t::a",{. ~'-':::iV\"'" SHEET NO. \ 1\,+-\. CALCULATED BY 4 OF DATE 'f-<./-44 CHECKED BY DATE SCALE , , , : , , , " i " " I : , : , 1 1 I , : ) I , , , , , PROOIJCT20401 (_Sbeetsl2(6.1 (PIdaed}/IW!IBI.iIlc"GrOl(Nl,Mass, 01471. ToOfderPllOo'lETOllfllEE HOO-22S.0380 ,'-" ,,-, ~ 'PUBLIC NOTICE RE: EAST HOPKINS AFFORDABLE HOUSING DEVELOPMENT MAP AMENDMENT, GMQS EXEMPTION, SUBDIVISION, STREAM MARGIN REVIEW, CONDOMINIUMIZATION, SPECIAL REVIEW AND VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, January 10, 1993 at a meeting to begin at 5:00 pm before the Aspen City Council, City Council Chambers, city Hall, 130 S. Galena, Aspen to consider an application submitted by the Aspen/Pitkin county Housing Office, 530 E. Main st., Aspen, CO, requesting approval of a map amendment to rezone to Affordable Housing (AH), GMQS exemption, sUbdivision, stream margin review, condominiumization, special review for parking and open space, and vested rights. The applicants propose four 100% deed restricted employee dwelling units. The property is located at 1017 E. Hopkins; Lots F, G & H, Block 33, East Aspen Addition, and ,Lot 5, Block 5, Riverside Addition. For further information, contact Kim Johnson at the Aspen/Pitkin Planning Office, 130 s. Galena st., Aspen, CO 920-5100. a/John Bennett, Mavor Aspen City Council Published in the Aspen Times on December 24, 1993 ------------~---------------------------------------------------- ----------------------------------------------------------------- City of Aspen Account - ~ {"b ~~ / 2-/'7/ Oz 3 <iN ^ ,....", ..~.. .. ".-P.iiiIui:;..m..'2 " " :'~.' N . IlJ.", .~I.lmlt'I:O:=li~:"l. SO! !f,U;M, "'EU~\"Ir-.Mo. C:(.I;'I;Ll().\n"'ll'~17~~!,If1I(, .ft!.;-\U:Y.'A.o,,;!)\'1-~5'1T..1) i~ltiH'rs . f:~'i: t1r.R~'!i" (.m'~:'<i thILl',"'~.Ibh, beaw- ." :. 'l'lt'MO'! "'lulld",y.J.ll\Ujl~' W."!I~,at .' 'tUnA \l) heK'r. ,n :,.:,IU"'p.1lI 1'f!Ic,re',fhe ~ t~I~Y ':4l1mc:!J, Clt~ '(""II:!dl Cil.~IIIbirt:...: ','~II.::Vj~.Glt.itlll,\:A~pt!r..:.ol"J;Ii'lIr.eI;llQ '~~fl)il :<lll,)n:lt'llod h, ;.1.:(' '\.~i)t'" i'_re' , J.' '1!~)I.d'IH,.pICQ.l f13'II:.:Milin ~~:. "'nr. '. 1L:',~~~I:'a',i!pp:'l)\"a, of .I..r.mp .ll'I:ll;'l(~,', , Ir.,' I(~ ...U!l.t,I"J:,lrl HOli:/oI11_~, :..~m. ~ '" "'w,n slJbdl\1~lml. l:Iol~~'m In"f;.'.r. !'c&w.' , " ':"h;l.Jl::ll::ilII(mlollll"C:;~\!'l'f'\'I(!""~()rlli~,. . ". iU:H':.'!lpo1~:(.', ,JJ1t! \lti.IC~ 1'~I!t!; 11m-', '.l:oIIY* "roplJoH' fOI!; 11I,:-::', cf~tld rl!!.I.I~~ ~~:l'(' dlo.f'lhnfi l'mhl:Th~~'PI7OI'pr,y,lr, kW'.a\'-. ,,~i'jiOi-;C Hcpklns'.l..ol"F.G&H B:433., . '~1'~J11'~1 Addil")II, ,,::d I~ :i. ~:rll~~ ~::. Rk.... ".addlt\l1ftlll()<, fnr !!Irllll'r ml/lrllljltl(ll:, (;UIthc:f :~tlfllYf\CII! ~'E rh~ .""per! rltkln P!,,:"'ne ' ~~. t:,Ij,,:: r...liton.\':'t..,\sPl"l1,C() :;~"".-, ' -""~'JVtal1.4;~~ ,', ':.t":.~~!J.!lf~_-:,-.,-.:.:._~, MEMORANDUM TO: Mayor and council FROM: Amy Margerum, City Manager Leslie Lamont, Senior Plann~ :?~;r=U 1. k. 4jtto/t:1t';;::...t ..:J.;.~ East Hopkins Affordable Housing Project - Rezoning to AH f~ (Affordable Housing), Subdivision, GMQS Exemption for .I, Affordable Housing, and Vested Rights'- Second Reading ~) of Ordinance 60, Series 1993 THRU: THRU: DATE: RE: SUMMARY: The Planning and Zoning Commission forwards a recommendation to approve the East Hopkins Affordable Housing Project subject to 11 conditions. First reading .of Ordinance 60 was approved b;Y a 4-0 vote on November 8, 1993. Sii).qef;irstreadillg, ,,?rdinance 60 has been amended to ,delete c,ondp'lII;inillm,<lEpr9:val~~citY,C9:tl"lCH_. This was done because Council approved a code amendment OnNov~~r 8, 1993 (Ordinance 53) which <lllowed condominiumiz<ltion as a eJ;',!-a"loil1gO;irector approval. BACKGROUND: The Applic,ant is the Aspen/Pitkin County Housing Office. The 9,000 s. f. site is located on East Hopkins Ave. between Cleveland st. and the Roaring Fork River. The proposal is to develop the parcel into four (4) deed restricted townhomes (sale units). Access for four units will be divided so that two units have garages off of East Hopkins Street and two units have garages off of the alley abutting the parcel on the south. The affordable units will be 3 bedrooms for a total of 12 bedrooms on the site. The complete application booklet is attached for your reference. PROCESS: The 2 step SUbdivision/Rezoning review process including associated reviews is as follows: Step 1 - P&Z Rezoning recommendation, public hearing; Subdivision recommendation, public hearing; GMQS Exemptions for Affordable Housing recommendation; Special Reviews for parking and open space, stream margin review, one step. (October 5, 1993) 1 , 1"""., 1-'\ ~ PUBLIC NOTICE RE: EAST HOPKINS AFFORDABLE HOUSING DEVELOPMENT MAP AMENDMENT, GMQS EXEMPTION, SUBDIVISION, STREAM MARGIN REVIEW, CONDOMINIUMIZATION, SPECIAL REVIEW AND VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, December 6, 1993 at a meeting to begin at 5:00 pm before the Aspen City Council, City Council Chambers, city Hall, 130 S. Galena, Aspen to consider an application submitted by the Aspen/Pitkin County Housing Office, 530 E.Main st., Aspen, CO, requesting approval of a map amendme,nt to rezone to Affordable Housing (AH) , GMQS exemption, subdivision, stream margin review, condominiumization, special review for parking and open space, and vested rights. The applicants propose four 100% deed restricted employee dwelling units. The property is located at 1017 E. Hopkins; Lots F, G & H, Block 33, East Aspen Addition, and Lot 5, Block 5, Riverside Addition. For further information, contact Kim Johnson at the Aspen/Pitkin Planning Office, 130 S. Galena St. " Aspen, CO 920-5100. stJohn Bennett, Mavor Aspen City council Published in the Aspen Times on November 19, 1993 ==========================================================~====== city of Aspen Account Wvo h pM-( 1~ 1/115h3 _':._-4 -. ~ mf ~~)tJ;c. .~; ~ MEMORANDUM tf TO: Mayor and Council THRU: Amy Margerum, city Manager Diane Moore, City Planning Director~ Kim Johnson, Planner THRU: FROM: DATE: November 8, 1993 RE: East Hopkins Affordable Housing Project - Rezpning to AH (Affordable Housing), Subdivision, condominiumization, GMQS Exemption for Affordable{~~using, and Vested Rights - First Reading of Ordinance \b'd' series 1993 SUMMARY: The Planning and Zoning commission forwards a recommenda.tion to approve the East Hopkins Affordable Housing Project subject to 11 conditions. ' BACKGROUND: The Applicant is the Aspen/Pitkin County Housing Office. The9,OG{):s.f'; ,sit;e is located on East Hopkins Ave. between Cleveland st. and the Roaring Fork River. The proposal is to develop the parcel into four (4l(jceE!d rE!strict;ed towIJ.homes (salE! units). Access for four units will be divided so that two units have garages off of East Hopkins Street and two units have garages off of the alley abutting the parcel on the south. The affordable units will be,3bedrooms fora total of 12 bedrooms on the site. The complete application booklet is attached for your reference. PROCESS: The 2 step SUbdivision/Rezoning review process including associated reviews is as follows: step 1 - P&Z Rezoning recommendation, publ ic hear ing; subdivision recommendation, public hearing; GMQS Exemptions for Affordable Housing recommendation; Special Reviews for parking and open space, stream margin review, one step. (qctober ' 5 , 199,;3,) step 2 - Council R.ezcming, public hearing; SUbdiVision; Condpminium,izatipn; GMQS Exemption for Affordable Housing Units; Vested Rights; two readings of ordinance. In addition to the formal review process, the Housing Office held three meetings with neighbors of the project and three meetings with the Housing Board before the application was formalized and 1 ("""'\ ,,-,, submitted to 'the city. Valuable dialogue on neighborhood conditions, interests, impacts, and design goal.s were obtained through this outreach process. CURRENT ISSUES; vQezonind{ Rezoning to AH from R/MF (Residential/Multi-family) is being pursued in order to reinforce the aff~rdable housing objective for this property. No added benefits or variances are being sought for this development. Staff has attached the rezoning review criteria required by Section 24-7-1102 as Exhibit "A". In summary, staff and the Planning Commission believe that the proposedrezonin9" toAH meets, tb;epurpPpe.sestabliphed fe>:r;'tb;e, AH zone district and is also in conformance with the rezoning criteria. \,(Sl1bdivislon: Pursuant to Section 24-7-1004 of the Aspen Municipal Code, a' multi-family structure requires subdivision review and shall comply with the following general requirements. The technical aspects o:Ethe sUbdivision review are attached as Exhibit liB". In summary ,st,a:E:E:Eind'$tMt,j;:nepropo,sedSubdivis ipl1meets the requirementspf tb;ecQde. Ceneral Requirements. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. response: The proposed sUbdivision is development and housing goals adopted Community Plan adopted in early 1993; a. consistent with within the Aspen the Area b. The proposed subdivision shall be consistent with the character of existing land uses in the area. response: The townhome configuration 'is consistent with the surrounding RM-F zoning and predominance of multi-family structures along E. Hopkins. An earlier site design which presented three duplex structures was ruled unfavorable by neighbors who preferred one consolidated structure. c. ,The proposed subdivision shall not adversely affect the future development of surrounding areas. response: There are still a few developable parcels in the direct vicinity, including the large 5 lot tract directly west of the subject property. The proposal will not affect these future developments. ' d. The proposed subdivision shall be in compliance with all applicable requirements of this chapter. response: The proposal is following through with all required land use and technical approvals. All conditions of approval must be 2 t"""\ t"""\ addressed before recordation of development documents of prior to issuance of building permits, whichever is applicable. ",iiElMQS Exel!tptionfcirAffcirdable Housing in an AH (Affordable Housing) Zone District: Pursuant to ,section 8-104 C.1(C) the Council shall exempt deed restricted housing that is provided in accordance with the housing guidelines. The Commission shall review and make a recommendation to Council regarding the housing package. According to the Code, the review of any request for e~emption of housing pursuant to this section shall include a determination of the city's need for such housing, considering the propciseddevelopment's compliance with an adopted housing plan, t,he number o,f dwelling units proposed and their location, the type of dwelling units proposed, specificallY regarding the number of bedrooms in each unit, the size of the dwelling unit, the rentallsale mix of the proposed development, and the proposed price categories to, which the dwelling units are to be deed restricted. Response: , The lio~singOfficeand Planning staff have been involved in thr~eneigh1qgrhood>"!Ile~tings and three HOlllsi1'lg~oardl.tle,etings to arrive at thetnree ,bedroomc9l'lfigj.lrat,iOll:<l,n<i<ca,tegory 4deeq restriction for the units. Please refer to the application package for the floorplans of the individual units. They will be family- oriented sales units, which relievedJ!oears from the neighborhood. Staff gathered a group from the PPRG (Public projects Review Group) to comment on the proposal. At the time of the review, the architect had not made final exterior design decisions so the PPRG comments basically directed the designers to heed the "Neighborhood Guidelines" for this area (which are still in draft form). The Planning Commission seemed pleased with the architectural details presented to them. "yp~iCondciminiumization: The Applicant seeks approval to condominiumize '~, the multi-family building in anticipation of selling the units. Pursuant to section 7-1007 {which is in effect as of the writing of this memo)condominiumization shall be approved by City Council. Because this project is not built yet, there are no existing tenants to offer first options, to buy. If rented, the units must be restricted to 6 month minimum leases because of the APCHA deed restriction requirements. The units are exempt from affordable housing impact fees because they themselves will be deed restricted prior to construction. If the land use regulations change prior to the approval of this project, this project will be subject to the new regulations. 3 ~ ,~ ~stedMBiClh;t:s;The applicant has also requested vested rights for the proposed, project pursuant to section 24-6-207 of the Municipal Code. This provides vested status for a site development plan for a period of three years upon approval by ordinance. Vestedrights approval by Council is non-discretionary. REFERRAL COMMENTS: Please refer to Exhibit "Cn for complete referral memos from Engineering, Fire Marshal, Sanitation District, Environmental Health,Streets, and Parks departments. PLANNING COMMISSION DISCUSSION: At the october 5, 1993 P&Z' m<aeting neigh~orhood comments focused on the substandard pavement widths of E.Hopkins Avenue and the parking problem which this causes, especially in winter. It was recognized that this project was doing its part to widen the pavement and add curb, gutter and sidewalk for the benefit of all, and could provide the impetus for the rest of the block to form an improvement district to complete the project. The Commission voted 6-0 to forward a recommendation to approve the. Rezoning, Subdivision, andGMQS Exemption. In addition, the Commission voted 6-0 to approve Stream Margin review and Special Review for parking and open space on the parcel. FINANCIAL IMPLICATIONS: No apparent. illlPacts to expected. The project will be making improvements Avenue within the budget for this project. the City are to E. Hopkins RECOMMENDATION: The Planning and Zoning commission recommends approval of the East Hopkins Affordable Housing Project with the following conditions: 1. The applicant shall consult the considerations for development in are required from the Streets including landscaping, within the City Engineer for design the right-of-way. Permits Department for any work, right-of-way. 2. Prior to recordation of the Subdivision Improvements Agreement, Final PUD Plan and SUbdivision Plat, the Master Deed Restriction for the deed restricted townhomes and lot shall be recorded with the County Clerk. Prior to sale of any deed restricted property, the buyer shall execute a Memorandum of Acceptance of the deed restriction. 3. A tree removal permit is required prior to issuance of any excavation or building permits. 4. Prior the issuance of any building permits, the applicant must submit to and receive approval by Engineering of a storm drainage plan. 4 ri t", 5. The Final Plat and site plan for building pemit must include trash storage locations, a 4'x4' utility pedestal easement adjacent to the alley, final design of any features located in the public right-of-way (eg. sidewalk, curbjgutte~, driveways), and final design of alley access. . 6. Prior to the sign-off by Engineering on the Final Plat, a new alley access agreement signed by all parties and beneficiaries of the original aCcess agreement' must be executed. This access agreement should also be outlined within the Subdivision Agreement. The Fire Marshal shall approve any alley improvements for emergency access requirements. The new agreement shall be indicated on the condominium plat. 7. street drainage must be accommodated where the project reconfigures the pavement and adds curb and gutter. 8. The Final PUDDevelopment Plan, Subdivision Agreement and Plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the Plat within a period of one hundred and eighty (180) days following approval by the, City Council may render the Plat invalid. 9. All material representations made by the applicant within the application, at hearings before.. the Planning and Zoning commission or the City Council shall be adhe~ed to and considered conditions of approval unless otherwise amended by other conditions. 10. The developer shall" agree to join any improvement districts formed to cover improvements not covered by their sidewalk, curb and gutter improvements. 11. The applicant shall develop a mitigation plan to address parking impacts due to construction activity on the site. This plan shall be finalized prior to the issuance of the building permit. ALTERNATIVES: City council could choose not to support rezoning to AH. The Council could also require different densities or deed restrictions. PROPOSED MOTION: "I move to read Ordinance _, series of 1993." "1 move to approve at first reading Ordinance_, series 1993 for the East Cooper Affordable Housing project Rezoning from R-MF (ResidentialjMul ti-Family) to AH (Affordable Housing) , SUbdivision, Condominiumization, GMQS Exemption for Affordable Housing, and Vested Rights with the 11 conditions as recommended by the Planning and Zoning Commission." 5 ~. ~ MEMORANDUM TO: Kim Johnson, Planning FROM: Mary Lackner, Neighborhood Advisory committee Staff RE: East Hopkins Affordable Housing Development Rezoning, GMQS Exemption, Subdivision, stream Margin Review, Condominiumization and Special Review DATE: November 2, 1993 -------------------------------------------------------------~--- ----------------------------------------------------------------- I have reviewed this application and would like to forward the following comments: 1. The sidewalk width and alignment meets the guidelines established in the Pedestrian and Bikeway Plan. 2. The single family residence to the east (Arundale) does not have a sidewalk agreement with the City, therefore the eastern portion of the new sidewalk should access the street. 1"""\ .t""'\, , MEMORANDUM TO: planning and Zoning Commission FROM: Kim Johnson, 'Planner East Hopkins Affordable Housing Project - Rezoning to AH (Affordable Housing), subdivision and Condominiumization, GMQS Exemption for Affordable and Free Market Housing, stream Margin Review, Special Reviews for open Space and Parking, and Vested Rights (public hearing) October 5, 1993 RE: DATE: =============--== .. ==========================----============== SUMMARY: ~he Planning Office recommends approval of rezoning to AH, subdivision and the associated reviews with conditions. .. APPLICANT: The Aspen/Pitkin Housing Office, represented by Dave Tolen. LOCA'1'J:ON: The 9,000 s.f. parcel is located at 1017 E. Hopkins (LOts F,G,and H, East Aspen Addition, cmd Lot 5 Block 5 of the Riverside Addition). The property currently contains a vacant single family structure which will be demolished. Please refer to the application booklet for the neighborhood map and existing conditions map. ZONING: The current zoning of the parcel (as well as the surrounding neighborhood) 'is R/MF Residential Multi-Family. The requested zoning is AH (Affordable Housing). APPLICANT's PROPOSAL: The development will contain a four-plex structure with two units accessing from E. Hopkins and two units accessing from the alley between E. Hopkins and E. Hyman. Total FAR on the site will be 8,550 s.f., or .95:1 Open space per the code definition will be 36%, or 3,270 s.f.. The three-bedroom units will be family oriented sales units, deed restricted to Category 4. A two garage will be provided for each unit. The dimensional statistics of the project are located on pages 5-6 of the application booklet. PROCESS: Because of the relative simplicity of the development and the extensive neighborhood input on this project to date, the process~or review will be two steps: Step 1 - P&Z Rezoning to AH, Subdivision, and GMQS Exemption for Affordable Housing as recommendations to City Council; final decision on stre~ Margin review and Special Reviews for parking and open space. (public hearing) 1 /..........\ "~ step 2 - Council Final decision on Rezoning to AH, Subdivision and Condominiumization,' GMQS Exemption, and Vested Rights. (public hearing) The Public project Review Group (PPRG) will also meet prior to P&Z to formulate some architectural standards to help ensure an attractive development compatible with the surrounding neighborhood. REFERRAL COMMENTS: The Planning Office received referral comments from the following departments. Complete, referral memos are attached as Exhibit, "A" with summaries as follows: Enaineerinq: 1) Prior the issuance of any building permits, the applicant must submit to and receive approval by Engineering of a storm drainage plan. ,2) The Final" Plat and site plan for building permit must include trash ,storage locations, a 4' x4' utility pedestal easement adjacent to the alley, final design of any features located in the public right-of-way (eg. sidewalk, curb/gutter, driveways), and final design of alley access. 3) Prior to the issuance of any building permits or the sign-off by Engirteeringon the Final Plat (Whichever comes first), a new alley access agreement signed by all parties and beneficiaries of the original access agreement must be executed. The new agreement shall be indicated on' the condominium plat. 4) Street drainage must be accommodated where the project reconfigures the pavement and adds curb and gutter. 5) The proposed parking plan satisfies Engineering. Fire Marshall: Snow removal problems and vehicle congestion in that, neighborhood have been a concern in the past for emergency response. Parks: 1) A final landscape plan needs to be submitted to Parks ,no less than three weeks prior to submission of final plat mylars in order to allow adequate review time by Parks staff. 2) Prior to issuance of any building permits, tree removal permits are required for all trees ,over six inches caliper, measured 4.5' above grade. Sanitation District: 1) Adequate collection and treatment capacity serve this proposed development. 2 ~ ~ 2) A new 6" s~rvice line may be required to replace the existing 4" pipe. 3) A shared service agreement must be executed and all applicable connection charges must be paid prior to actual connection onto the system. Environmental Health: No apparent concerns. streets: It appears that street conditions and snow removal concerns have, been addressed with this application. The condo association will "be responsible for clearing plowed snow in front of the project - it cannot be pushed back into the street. -~--------------------------- STAFF COMMENTS: " Resoninq from R-1S (POO) to AX (Affordable HousincU (POO): The criteria for: rezoning contained in section 7-1101 of the land use regulations is attached as Exhibit "B". In summary, this proposal fully complies with the housing goals set forth in the Aspen Area Community Plan as well as the purposes and goals of the AH Affordable Housing Zone diistrict. BaSed on application of the review criteria, staff recommends rezoning the East Hopkins parcel to AH (Affordable Housing) concurrent with approval of Final Subdivision, GMQS Exemption, and the associated reviews. -------------------------------- SUBDIVISION: Pursuant to Section 24-7-1004 of the Aspen Municipal Code, a development application for subdivision review shal.! comply with the following general requirements. The technical aspects of the subdivision review are attached as Exhibit "D". In summary, staff finds that the proposed sUbdivision meets the requirements of the code as they specifically apply to multi-family dwellings. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. resoonse: The proposed subdivision is ,consistent with the development and housing goals adopted within the Aspen Area Community Plan adopted in early 1993. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. response: The townhome configuration is consistent with the surrounding RM-F zoning and predominance of multi-family structures along E. Hopkins. An earlier site design including three duplex 3 ,,", ~. structures was ruled unfavorable by n8ighbors who preferred one consolidated structure. c. The proposed subdivision shall not adversely affect ,the future development of surrounding areas. response: There are still a few developable parcels in the direct vicinity, including the large 5 lot tract directly west of the subject property. The proposal will not affect these future developments. d. The proposed subdivision shall be in compliance with all' applicable requirements of this chapter. response: The proposal is following through with all required land use and technical approvals. All conditions of approval must be addressed before recordation of development documents of prior to issuance of building permits, whichever is applicable. G:I{QS EXEMPTiON FOR AFFORDABLE HOUSiNG iN AN AH (AFFORDABIiE HOUSiNG) ZONE DiSTRiCT: ' Pursuant to Section 8-104 C.1(c) the Council shall exempt deed restricted housing that is provided in accordance with the housing guidelines. The Commission shailreview and make a recommendation to council regarding the housing package., According to the Code, the review of any request for exemption of housing ,pursuant to this section shall include a determination of the city's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the type of dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed development, and the proposed price categories to which the dwelling units are to be deed restricted. Response: The Housing Office and Planning staff have been involved in three neighborhood meetings and three Housing Board meetings to arrive at the three bedroom configuration and Category 4 deed restriction for the units. They will be family-oriented sales units, which relieved fears from the neighborhood that the units will be over-crowded "crash pads". SPECiAL REViEW FOR OPEN SPACE AND PARKiNG iN AN AH' (AFFORDABLE HOUSiNG) ZONE DiSTRiCT: Whenever the dimensiol;lal requirements of a proposed development are subj ect to Special Review" the development application shall only be approved if the fOllowing conditions are met. sections 7-404.A.1 and 2: (open snace) 1. The mass, height, density, configuration, amount of open 4 l-": ~ space, landscaping and setbacks of the proposed development are designed in a manner whicb is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying Zone District. response: Overall open space on the site is listed as 36%, most of which is side yard areas. The site plan shows a substantial side yard on the east and limited side yard on the west. The difficulty for garage access caused by the steep slope on E. Hopkins does not allow for more luxurious front yard open space. Small corner yards are available to the alley' facing units. Proposed heights and setbacks meet or exceed those required by the AH zone district without Special Review approval. Density of the ,proposal is well under that allowed by zoning. Please refer to paqes 5-6 of the application for development data. A final landscaping plan is required for Parks Department's sign off prior to approval of a final plat. Several large evergreens will be lost during redevelopment, but the row of trees on the eastern portion of the site will be saved as well as two smaller trees on the southwest corner. 'Because of limited flat open area on tliesite, Planning recommends that much of the remaining areas be left open for individual gardening spaces or lawns as determined by,the future owners. The, E. Hopkins elevations of the townhome buildings are well articulated to provide visual interest and lessen the bulk of the structures. The alley units present a more monolithic facade at this time. Side elevations are well punctuated with windows and porch overhangs. Final materials sections, colors and other details will be made with assistance from thePPRG. 2. The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, inclUding but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of a designated viewplane. response: There are no viewplane impacts with, this proposal. The street condition and parking problem on E. Hopkins will be improved by the widening and curb/gutter installation. The streets Department Director commented that the condo association must be responsible for removing snow plowed from the street. Property owners are already required by law to keep sidewalks cleared of snow during the winter. The townhomes comply with the parking requirement for the AHzone (not to exceed 2 spaces per unit}. Given the proximity to the downtown employment center and family orientation of the units, this parking situation suits Engineering 'and Planning. 7~404.B.2: (parkinq) 2. In all other zone districts where the off street parking requirements are subj ect to establishment or reduction by 5 ~ ~ special review, the applicant shall demonstrate that the par~ing needs of the residents, guests and employees of the project have been met, taking into account potential uSeS of the parcel, its proximity to mass transit routes and the downtown area, and any special services, such as vans., provided for residents, guests and employees. response: As mentioned above, two garage parking spaces per unit is adequate given the location of the development and the family orientation of the units. stream Margin Review: This project lies within 100 feet of the high water line of the Roaring Fork River. Another structure (a single family residence) is located between this site and the river. However, the stream mar~in exemption category does not waive review for developments such as E. Hopkins AH which fall into this unique situation. Therefore, staff reports the following responses to the stream margin criteria: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the state of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigat'ion techniques on or off-site which compensate ,for any base flood elevation increase caused by the development. response: As shown on the colored flood plain map in the application, this development is located completely outside of the identified floodplain. 2. Any trail on' the parcel designated on the Aspen Area comprehensive Plan: parks/Recreation/Open space/Trails Plan map is dedicated for pUblic use. ' response: As this property is not directly within the river greenway corridor, it cannot supply a trail for that purpose. However, this project does commit to constructing a sidewalk in front. of its property within the E. Hopkins right-of-way which leads to the pedestrian bridge approximately 100' to the east. 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the' proposed plan for development, to the greatest extent practicable. response: Specific to vegetation, this project is retaining several medium sized trees along its east side and two at the southwest corner. 4. No vegetation is removed or s"lope grade changes made that produce erosion and sedimentation of the stream bank. response: This criteria does not apply. 5. To the greatest extent practicable, the proposed development 6 ~OA-~""~1!-.. '.' ~,,'., ~,~,~4~~~Cc>v:(. , 'T~ AV' '" O'#-(f>-~' , &,.:.j....;:~q,~~.~tlvJ~d (,_ ~-o1l%'&dl)~ ~ i~ ~ , . S"f""~ - "c..L j. ..t".., ~.. ~'"' '~1~-~~ ~f~J>\~~(BJw.X\~~~ ~~ reduces pollution and interference with the natural changes ~~v,.\ of the river, stream or other tributary. r- ~J response: As no work is being done adjacent to the river this ~ criteria does not apply. street drainage runs west towards an ~ inlet near Cleveland St. . ~ 6. written notice is given to the Colorado Water Conservation \ Board prior to any alteration or relocation of a water course, t and a copy of said notice is submitted to the Federal Emergency Management Agency . , ' res~nse: This criteria does not apply. ~ 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying ~ capacity on the parcel is not diminished. response: This criteria does not apply. ~ ~ 7- k 1 '" i ~ t 1 , Copies are provided of ,all necessary federal and state permits relating to work within the one hundred (100)' year floodplain. response: This criteria does not apply. 8. ---------~~----------------------- STAFF RECOMMENDATION: The planning Office recommends approval of rezoning the subject parcel from RM-F (Residential MUlti-Family) to AH (Affordable Housing). The Planning Office also recommends approval of the East Hopkins Affordable Housing project's SUbdivision / Condominiumization, Special Reviews for Open Space and Parking in the AH zone, and GMQS Exemption for the four affordable townhomes as presented in the application text and drawings. The following conditions shall apply: 1. The applicant shall consult the city' Engineer for design considerations for development in the right~of-way. Permits are required from the Streets Department for any work, including landscaping, within the right-of-way. 2. Prior to recordation of the Subdivision Improvements Agreement, Final PUD Plan and sUbdivision Plat, the Master , Deed Restriction for the deed restricted townhomes and lot shall be recorded with the County Clerk.' Prior to sale of any deed restricted property, the buyer shall execute a Memorandum of Acceptance of the deed restriction. 3. A tree removal permit is required prior to issuance of any excavation or building permits. 4. Prior the issuance of any building permits, the applicant must submit to and receive approval by Engineering of a storm drainage plan. 7 f'"' ~ 5. The Final Plat and site plan for building permit must include trash storage locations, a 4'x4' utility pedestal easement adjacent to the alley, final design of any features located in the pUblic right-of-way (eg. sidewalk, curb/gutter, driveways), and final design of alley access. "~ ~. Prior to the issuance of' any building permits or the sign- ? ' ..---7 off by E, n gin, eering on the Final Plat (whichever c,o mes' first) , , a new alley access agreement signed by all parties and beneficiaries of the original access agreement must be executed. ,The new agreement shall be indicated on the condominium plat. 7. Street drainage must be accommodated where the project reconfiguresthe pavement and adds curb and gutter. 8. The Final PUD Development Plan, Subdivision Agreement and Plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part; of the applicant to record the Plat within a period of one hundred and eighty (180") days" following approval by the city council may render the Plat invalid. 9. All material representations. made by the applicant within the application, at hearings before the Planning and Zoning Commission or the city C~uncil shall be adhered to and considered conditions of approval unless otherwise amended by other conditions. ItJ) ~~~ 'tn.~.-h> {EffA ~.P~ ~~~ Exh'b't~ IVMir~~~ J.1. 'II) tpe.~~- W'/~~l\ri.~~ ApplicatJ. BookIe Q , -\to-@' , ~ ~ cWJ,. ~ ~ iv s~ <PI ;jtJp~ "A" - complete Ref al Memos' 1\ ~~ ~",,-.a.::"^ lM:t...~ "B" _ Rezoning Review Criteria ,WV'"'.', oovv""-J "C" - SUbdivision Review criteria tt;!~J:;~~<~fat<< 4~ ~~t1~v-1HfoJ~~~ w- ~c;J;1AJ f~1 (~""'5"4'-) ~~-tvA.~, ~~I ~ ~d'1 ~\'h\\i-o-~~ ') ~~~ bt ~, f~ ~i;.~ to tu M: , l'Mli~i>M-~~YTI~f~tl'~r~ . ~~ \)~ -~~ig,w) f~ ~v.-'~ - ~5~ ~ ~A.nJ ~~-~~' .tm~t~~~~~~~ -(w.-M~ ~",~~fkSf.. cW'.~-{o ~~,~~~~-\u~~~JJ-. 1w.---~~~ ~ i:lAv\)M~"",,~ ~-l:<-+. ' "P~y,./~k~~~1o~,~V'''''' ~tk~~dL I"', ^ East Hopkins Public proiect Review Group Thursday September 30, 4:00 Planning Office Thank you for participating in the architectural review of this 4 unit affordable tow~home project to be located at 1017 E. Hopkins. Dave Tolen, Housing Office project manager, will bring large scale drawings and a model to the meeting. This memo is to focus the purpose of our review. On October 5, this project will be going to the Planning and Zoning commission for their consideration and recommendation to city Council in November. To date, there have been three neighborhood meetings and three Housing Board meetings to discuss density, bulk/massing and site layout, and parking configuration. Because of the great amount of input from the neighbors and the Board, the townhome configuration and the proposed auto ,access has been determined to be most compatible with the surrounding properties. Our objective in working with the PPRG volunteers is to get suggestions for standards on architectural and landscape elements such as materials, colors, roof and elevation details, buffering, etc. A draft of neighborhood guidelines for this area (east end, south of Main st.) prepared for the Historic Preservation committee and P&Z is attached!for your consideration. Please pay particular attention to items 2-5 on page 2 of the draft. I hope that our meeting will last no more th~n one hour. See you there. ~ Kim Johnson Planner \' ,1"""\ , . MESSAGE DISPLAY TO Kim Johnson From: Chuck Roth Postmark: Sep 29,93 10:00 AM ,Subject: East Hopkins Affordable Housing ~ -' Message: I would like to modify the discussion about access using the alley or the easement to require that this access be resolved prior to signing tne plat or prior to obtaining a building permit, wnicnever occurs first. Tnank you. --~----========X========------- . \ r-\ r", II' ASPEN. PITKIN Ms; Pat Card t.o. Box 30036 Grand Junction, CO." 81503 PLANNING -& ZONI~G DEPARTMENT september 2?, 1993 RE: Ad~r.ess correction for E. 'Hopkins affordable housing project Dear.Ms. Card, . Thank you' for bringing 'to my attention the wrong address contained in the publ~c notice for. the above project. ,I checked through the,application and ~oundthat,the error came off of the' 1990 warranty Deed ,for the,transfer o~ the property to "the Housing . Authority, which' listed thecO:t:'rect, legal address. but the wrong physical address. The error poses, no legal.problems for'either.the Warranty Deed or the public notice, as th,ey also contained the, correct legal description of the property. The Housing'Authority informs me that the correct address is ,1017 E. Hopkins. I hope, this information answers.you concerns.. Please contact me at 920- ,5~00 if you have any other questions or'comments on,the project. "\ \ 130 SoUTH GALENA STREET ' ASPEN, Co.LO<ADQ 81611 . PHo.NE 303.920.5090 ' FAX 303.920.5197 'I'rintedDnft<ydl'dpaper , / II II c{-" Council J!'yht hit G ApprOV8c1 , 19 _ By ordinance ,-... MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer e.-1<.. September 20, 1993 Date: Re: East Hopkins Affordable Housing Development Rezoning, GMQS Exemption, Subdivision, Stream Margin Review, Condominiumizationand Special Review Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: Rezoning L As represented in the application, the rezoning would not result in adverse impacts on traffic generation, road safety, utilities and drainage. This neighborhood is already zoned for similarly high density uses. According to the Planning Office, the change in zoning would not increase the allowable number of bedrooms and therefore not increase the allowable number of vehicle trips that the proposed tievelopment of the property can be anticipated to produce, Subdivision & Condominiumization L Prior to issuance of a building permit, the applicant shall submit the following: a. A storm runoff mitigation plan to the Engineering Department that meets the requirement of Section 24-7- lO04-C-4(f) of the Municipal Code; b. A development plan that shows the following: (1) The trash storage locations (They may not be located III the public rights-of-way.); (2) A 4'x4' utility pedestal easement adjacent to the alley for any new pedestals that may be required to serve the project; (3) The final design of the sidewalk, curb and gutter, and any other features. such as driveways, intended to be located in the public right-of-way; and (4) The final design of the ,Iccess via the alley. 'C \ r-., r-. c, An new agreement signed by all parties and beneficiaries of the original access easement. The new agreement must extinguish or modify the existing access agreement in conjunction with permitting and providing access to the Housing Authority site via the alley right-of-way. Note that the alley is currently being "opened" to 10]4 East Hyman Avenue. The alley will not be opened to the subject site until the existing easement agreement has been extinguished or modified to the satisfaction of all parties. This is to protect property owners adjacent to the existing access easement from having the general public drive down the alley then out to the street through the access easement. 2. Sidewalk. Curb and Gutter - The City would typically require installation of concrete sidewalk prior to issuance of a certificate of occupancy for the buildings, In similar situations, the City might not require construction of curb and gutter prior toe.O., in lieu of which an agreement to construct curb and gutter, and associated asphalt work, would be required. The applicant has offered to construct curb and gutter at the time of construction, prior to e.O. Doing so will require widening of Hopkins Avenue in order to provide the standard curb-to-curb pavement widths (4()'), This will widen Hopkins considerably from its current paved width. It will improve the neighborhood by providing a 9()' long section of street that is properly designed and constructed with proper vehicle travel lane widths and parking, However, the applicant would also need to mitigate street drainage. 3. Condominium Plat - Prior the sale of any unif, a, condominium plat meeting the requirements of Section 24-7"1004 of the Municipal Code shall be recorded. A few specific details are as follows: a. The access easement and modifying easement must be indicated on the final plat. b. Indicate a, 4'x4' utility pedestal adjacent to the alley right-of-way. 4. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right.of.way. Stream Margin Review I. The application statements concerning Stream Margin Review appear to be complete. The discussion in paragraph 3 appears to he sketchy, Any landscaping in the public right- of-way must be proposed in the final development plan and subject to final review at that time by the City. The final landscaping plan may relate to the existing access easement which needs to be extinguished or modified, which may be accomplished with landscaping. Special Review for Reduction in Parking I. Given the closeness of the site to the commercial core, the availability of public \ r-, r-, ,- transportation, and the employee housing use which may result in fewer cars per bedroom due to the previous reasons as well as the possible use by families with children who don't own automobiles, the Engineering Department recommends that the reduction in parkiflg be approved. Other L The applicant shall agree to join any improvement districts formed for the purpose of constructing improvements in the public right-of"way 2. Given the continuous problems of unapproved work and development in public rights- of-way, we advise the applicant as follows: The applicant shall consult city engineering (920-5080) for design considerations of development within public rights-of-way, parks department (920-5120) for vegetation species, and shall nbtain permits for any work or development, inclu4ing I<mdscapi ng, within public rights-of-way from city streets department (920-5130), . cc: Bob Gisb, Public Works Director y!<l.\~1 J \} ,...., ~ ,...., 10 Ff PUBLIC NOTICE RE: EAST HOPKINS AFFORDABLE. HOUSING DEVELOPMENT MAP AMENDMENT, GMQS EXEMPTION, SUBDIVISION, STREAM MARGIN REVIEW, CONDOMINIUMIZATION, SPECIAL REVIEW AND VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 5, 1993 at a meeting to begin at 4:30 pm before the Aspen Planning & zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena, Aspen to consider an application submitted by the Aspen/pitkin county Housing Office, 530 E. Main st., Aspen, CO, requesting approval of a map amendment to rezone to Affor~able Housing (AH), GMQS exemption, subdivision, stream margin review, condominiumization, special review for parking and open space, and veste~ rights. The applicants propose four 100% ~eed restricted employee dwelling units. The property is located at 1919 E. Hopkins; Lots F, G & H,Block 33, East Aspen Addition, ----%nd Lot 5, Block 5, Riverside Addition. For further information, contact Kim Johnson at the Aspen/Pitkin Planning Office, 130 S. Galena st., Aspen, CO 920-5100. slBruce Kerr. Chairman Planning and Zoning Commission :Publishe~ in the Aspen Times on September 17, 1993 -------------------------------------~--~---------~-------------- ----------------------------------------------------------------- City of Aspen Account To [);cH- rer&-n t1/1 3 )L.J ,.....,., .,-", MEMORANDUM Date: Kim Johnson, Planning Office Chris Chiola, Environmental Health Department~~ September 15, 1993 To: From: Re: East Hopkins Affordable Housing Development Rezoning, GMQS Exemption, Subdivision, Stream Margin Review, Condominiumization and Special Review Parcel ID #2737-181-11-002 ----~-----~-----------~-------------~--------------------------- ---------------------------------------------------------------- The Aspen/Pitkin Environmental Health Department has reviewed the above-mentioned land use submittal under authority of the pitkin County Code, Title II, an~ has the following comments. SEWAGE TREATMENT AND COLLECTION: sections 2-7 and 5-200: The application indicates that the project lies within the Aspen Consolidated sanitation District and that the District has enough capacity to handle increased flows from this project. This meets the requirements of this Department. . ADEOUATE PROVISIONS FOR WATER .NEEDS: Sections 2-6 and 5-205: The, Aspen Water Department ,will be able to provide adequate water to the project. WATER OUALITY IMPACTS: Sections 2-22 and 5-107.2: There are no concerns of this Department in this area. AIR OUALITY: Sections 2-17 and 5-106: This project must meet the requirements of City Ordinances regulating the installation of gas log fireplaces. Permits must be obtained from this office and approved. / -^ ,j r'\ r-,. MEMO To: KIM JOHNSON From: JACK REID Date: september 13, 1993 subject: East Hopkins, Affordable Housing review =================================== The areas of my concern are the street itself and snow storage. It appears, from the plan, that those concerns have been addressed satisfactorily. The street/will be wider, allowing better movement for cars in the area, including room to turn around; a major problem in the past. When E.Hopkins is plowed, it is plowed to th/i! sides., We only remove snow in the commercial core area. We o<:casipnally remove snow from the residential areas" but only when there is such a build-up that safety or traffic flow become an ,issue. It is important that the management of this develoPmentltl:now this" that they may make, pl,ansto keep their entrance clean. l>now plowed from the street may not be put back on the s~reet~nd must be stored on one's own property. If that build-Up becomes too much, they are responsible for hauling it away. . \~ ,,0. ..':-~;-:~1;':'^3~:~;~~., "...:t..~ . ".' '.'. ..'.. 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'. :"""~""';~':l'.~,*,~"":,~,, "'!Il~~'I,...!l;>l;~:i;;!j;I"'~'!!'?:i':!:, :', ';~;~i-i~;,,~~~';;i:~ . : ...,~,... . ":.. ;;...~:..;~~;;.:.; ~..~~~8'.M~.:,~~:w~''1.:' ~.~ .". "",",'.:~~~~.;';'~~':"'~..'..' ."."~:~'~'~::.:'''''~~':.~~'':..f~i:.ds"""{.:;~.,,, ,..~n"l:""::a::...:.,.'....~:",. . ....(.' .. ."'.........:.,,.............:.w""'....;.c. l"........;t':,~r.f~..:..~..~.. '. , '..".....a~.'~~:'i~~1i it: ......~""~', ~~: ..','.. . :j..~ ..:. :".:. , . 'Il.a,,::...~. : .:." :::' '.' :.:: :.:.._~ ..,,, '., .. ~ :...."~:i: .., ' .~..:':. ~'.". ''''~ ,'" , " ::,.: .:. '.~~' '~..: ... ",\:.' ',,'l,':.;:-, )"....:. ....;,:::..:~; :::; :.:.:~r:~~?: . ""Iii;:"''''''': ,,',~~": : ' ,-"" '~:~.. i..: "~.li!..,-.;.:~.t-..-...I.'iaarll..DA -A"" """"Cll>,t..t- ;'f' ,,, , ".'" ."......' ~~,i':r ~ ,. "'''''''~.'!i'.." ::Jt..;.;,:.:,..:.....i:;..::..~:~~r'.;-.:. ~:.,."...~..:':.-" ~"~"':':.~~~~~'Ul:"~,~~.', ,. '....,' ',,,.: :;..,H~:.'. ,,:,,',,'r.:';:':\:,'1':i'~';;''i,~'i((;:.<.I:;'''~''~~~~i,,~,,'~:Yi''''''''.~;;;it976 -1986 -1990". . '. "~~~' ,~",. . .,~': ;""''''. ,;,.':,".' ,..".', ...~:?!'~,,;' ~\):\ .". '.. .,~,~".". ...."..~, .~..,:'Ii';l....\~......j~l; ~~\ofI,."'''J.~~:~ . '."~, . . .. . "0'11. ....... ,. .."' ''" "\.."'.:~~:;<i:. ~~':'~~""~:: .. .." ... ,"" 'l.. . ....'.;.;.~~~~~~~~~l~~1t.,~~,:,.~:.':~~:~~.~,:...'~:;!;~.I,.~'~~"}':~"":~.':'~,~,/.~' r,.". "l:!l-~..}~:.'~ ., . ~~.. "'. ('"'. ~ / MESSAGE DISPLAY TO KIM JOHNSON From: Wayne Vandem<l.rk Postmark: Aug 26,93 J.O':45 AM Status: Urgent Subject: EAST HOPKINS AFFORDABLE -----------------,_._----------------------------------_._--~_._------------------ Message: " KIM, THE AREA NEEDS SOOM ATTENTION REGARDING FIRE DEFT ACCESS. THE STREET BOTTLE NECKS IN THE AREA AND CARS ARE PARKED ON BOTH SIDES. WE HAVE BEEN OVER IN THE AREA IN THE WINTER AND ALSO IN SUMMER. THE PROBLEM REMAINS THE SAME AL'I'IiOUGH A LITTLE TOUGHER IN WINTER. SNOW REMOVAL WAS NOT ADEQuATE BECAUSE OF THE VEHICLES. WE MIGHT WANT TO SEND OUR WORLD FAMOU ENGINEER OVER TO SEE WHAT COULD BE DONE. -------===:=---X========------- - fj~ riff ~\ -~-~II~()01- ~ /tlf~/q~ ! 1.1-'91---(<t1 Housing Offiae City of Aspen/Pitkin County - 530 East Main Street, Lower Level Aspen, Colorado 81611 (303) 920-5050 Fax: (303) 920-5580 - .... .... August 23, 1993 - - Ms. Kim Johnson, City Planner Aspen/pitkin county Planning Office 130 South Galena Street Aspen, Colorado 81611 - Re: East Hopkins Affordable Housing Development/ Land Use Application for Zone Amendment to (AR) Affordable Housing, G.M.Q.S. Exemption for Affordable Housing, Subdivision, Stream Margin Review, Condominiumi~ation, and Special Review ~'~/" f .!' I / ry - - Dear Ms. Johnson: - On behalf of the City of Aspen and Aspen/Pitkin County Housing Office, we are submitting the East Hopkins Affordable Housing Land Use Re~oning and Conceptual Review Application. Attached are twenty-five (25) copies of the application for review by the Planning Office and referral agencies. Thank you for your assistance and guidance in the preparation of this application. Should you have any questions, or if we can be of further assistance, please contact me at 920-5216. - - Dave Tolen Project Manager - - - - Ii ... ... .... APPLICATION FOR AH REZONING EAST HOPlCINS AFFORDABLE HOUSING DEVELOPMENT GROWTH MANAGEMENT QUOTA SYSTEX EXEKPTION ...DZV7SZOlf ... ...... ....'" un........... . ~ 0~ ... ... .... Submitted to: ... The city of Aspen 17 August 1993 ... - ... Prepared by: Aspen/Pitkin county Housing Office ... 530 East Main Street, Lower Level Aspen, Colorado 81611 ... (303) 920-5050 ... ... Dave Tolen "" Project Manager - ... .... ... - ... .... - INTRODUCTION EXISTING CONDITIONS DEVELOPMENT PLAN LAND USE REOUIREMENTS ... .~ .... ... ... - !""" ,... ... ... ~ ... .... - ... TABLE OF CONTENTS . 1 3 5 7 . i ,..... ... LIST OF FIGURES ".., - I FiCTUre Title Vicinity Map site Survey Land Use Map site Plan FOllows paae NUmber Fiaure 2 II 4 ... III 4 IV 7 ,~ V Floor Plans 7 .... VI Elevations 7 VII Flood Plain Map 12 ,... LIST OF EXHIBITS (in Appendix) - Exhibit Title Exhibit - Special Warranty Deed Preapplication Conference Summary Adjacent Property Owners Utility Service Letters A - B C D ,... - - ~ - ,...;;;, - - ii - - - ~ INTRODUCTION - The Aspen/pitkin county Housing Office (APCHA) requests land use ~ approval for the rezoning of the East Hopkins parcel to Affordable Housing (AH), Growth Management Quota System (GMQS) exemption, O~ /...... stream Margin Review and Subdivision Approval for the development ~. of four employee dwelling units. The project site is located within the City boundaries of Aspen, on East Hopkins Avenue just East of Cleveland street. ,.. .- - This application is submitted by the Housing Office pursuant to sections 5-206.2, Affordable Housing (AH); and 8-104.C.1.c, 7- 1004.C, 7-903, 7-400 and 7-1007, Land Use Regulations of the Aspen Municipal Code. The specific land use request is: - . Amendment to the Official Zone District Map, Rezoning Approval to Affordable Housing (AH) from Residential MUlti-family (RMF); - . Exemption from Growth Management Quota system for 100% Affordable Housing; . stream Margin Review; ~~ - . Subdivision Approval; - . special Review Approval of Parking and Open Space; and . condominium Approval. ~ A list of property owners located within 300 feet of the property is provided as Exhibit "C". ... The land use rezoning application is divided into three sections: ,.. 1. Existing Conditions 2. Development Plan - 3. Land Use Requirements ... within each section of the application, figures (maps and/or plans) and tables are provided to supplement the text. Pertinent documents are referenced as exhibits and contained in the Appendix. The Aspen/Pitkin Housing Office has been diligent in its efforts to provide the City of Aspen with a complete and thorough application. During the review process, should information need to be clarified and/or additional issues arise pertaining to the East Hopkins Affordable Housing Development, the Housing Office will be cooperative and responsive to fully addressing those concerns. - - - - 1 - - - .... .... proiect Location The East Hopkins Project is located near the Roaring Fork River within the southeastern quadrant of the Aspen City limits (Location Map, Figure I) in Pitkin County, Colorado. The site is situated on East Hopkins Avenue, three blocks east of the downtown commercial core area, and one-half block east of Cleveland street. ,""" - Backaround ~ Development of the East Hopkins property as an affordable, deed- restricted, ownership housing project responds to the Aspen Area Community Plan, adopted in January, 1993. The Housing Office's plan for East Hopkins is based upon a set of adopted goals and objectives that are included within the Community Plan. To address the lack of affordable housing and the resultant loss of a balanced residential community, the Aspen Area Community Plan seeks to: - . Establish a sustainable "critical mass" of working and middle class residents; ,- ,... . Make affordable housing an investment in people; and . Provide opportunities for workers to become a permanent part of the social fabric. .... ,... , The community Plan's specific housing policies include: . Encouraging infill development within the urban area; . Developing small scale resident housing which fits the character of the community; ,... . Emphasizing year-round ownership; ... Ensuring housing is compatible with the scale and character of the community; Emphasizing quality design and construction, recogn~z~ng that this will increase cost and decrease production. To achieve these goals, the City acquired "scattered sites" throughout the community for the purpose of developing affordable housing. The parcels (East Hopkins, West Hopkins, Kraut and Austin) vary in location, size, potential development density and character. Each development will be planned within a "neighborhood context." . . ,... ,... .... - .... - 2 - ,... a.. <( ~. ~ - z - o - > / ./ .1! g ~ ] ~ '" J'" ct. " Ii ~ 1lI~ Po. .:; ~ ~~H ~ a!E -; ..e'8 c_ ~ gj 1lI~ 1"~~ :!Ih] lll':::.ii ~ ~ .~ 8. ~~ 0 to ..c j ~ . .~ ~ >- 'll !tl~~.p op.Jl<nll z. . . 0... E< t) I'<ll'<l ..,E< OH ll:tIl P< = lU - ~t:l.. '5~ "',~ = = -= ~E"<l ,~ E I:: U 0." - bO t.:lU.. Z lU "" _llI tIl..'( 5= ::c:~ '" < .. ::c '" '" .~ -g 'il ..E:G ;::: ""~ <Cii. ~ .~ :'i;bO u .~~ t:: -...-1 Q). ~~ 0... ~o '" ~:r: .0: II <<z .-r-, l:~1 ,I> Jl , 4::'~ ., 1.'f , ~"- , "...",'" l'..... .~.. i "H'" " !:.n.! , I . , . , \ ,. ~ . . M. I ~ ~ilin ..!:ii I I.." , II.., . /. I o. 1-____.__ 1 ''i'''HJIl~U ai' :;r:i;:r 1_ !.."t. W Z '..'.D. c( o 0: o ::> u c . I . /, ;'J :. en :]1:',1 ; Il~I:1 , ,.,.... . . Jit;! I..,,,, :1:' .~ u:J' CD. .... ," } /'. !ii~::; jl,.,..-:.""!. 1.' r' ",,,,. .p' ,/ ......\ /'-. , ~rt. ..__. p~.I, . , j :; t2.. .. I" . .. <i: .,,/ " '" o ~ " ,. 0: " o " ....: .r.::", .~:! '-1 ",'I' r: I!.~ ~:; ;!:I.::t M '''", :1. ': f~ ~;~~~.i...~ . .... M . ill " " j, " " .- '" w a: t- O) Z ;;; ,: ,. M M ~~~I/ :Iii ;,U i' , / / ~~ ;;~I , ~' " " .1 ~. : '.... :iriJ", !:.I' I ; L'.~'(lL'.'''''''~'~'''.I~ ....-:.' . ... .... __ " J'~.~ ' ..,,~ --Ii' ., \ .. ~g .. c. ~ :, H.LN3113S ., ,; " . .~ .- .- .- .- .- ......-- "ot ",.... . '\../ .\ . . ....- .- - \ \ \ \ \....... D , 3\;j~ NOl:lliyn .3 , - - ,... The East Hopkins proposal will complement the existing East End development patterns. The residential units will be developed and sold by the Housing office to ensure the long-term availability and affordability to qualified residents and employees. - EXISTING CONDITIONS - The development plan is designed to be compatible with the environ- mental conditions of the property and surrounding land use patterns. Further, the plan is to be consistent with the Aspen Area Community Plan and the Growth ManaqementPlan established by the City to guide development. This section of the application describes the environmental and man-made factors which have been considered in the planning of the East Hopkins parcel. - ... Natural Factors ... The parcel is located five (5) blocks to the north of the base of Aspen Mountain. The site is not endangered by rockslides, mudslides, avalanches or other natural hazards. The lot is relatively flat, level with the alley and adjacent properties in the rear and west side, and with an elevation of approximately eight feet above the street and the adjacent property on the east. ,... - There are several large trees on the site, and extensive brush in the pUblic right-Of-way at the street. Manmade Factors - ... The site is a 90 foot x 100 foot rectangular parcel (Property Survey, Figure "11") containing approximately 9,000 square feet of land, It consists of Lots F, G, H, Block 33, East Aspen Addition to the city and Townsite of Aspen, and Lot 5, Block 5, Riverside Addition to the City and Townsite of Aspen, pitkin County, Colorado. - The site is presently zoned Residential Multi-family (RMF), and all property adjacent to the project site is zoned RMF. - ,... Manmade improvements on-site consist of an existing but unoccupied and dilapidated single-family home. The site is currently accessed via an easement through the adjacent property to the south. A pUblic right-Of-way for an alley exists, but is not presently accessible. There are no paved sidewalks, curb or gutter at the street. utility lines are proximate and contained underground within the public street rights-of-way and/or alleyway. ... - - - 3 - .... ~ 1"'" 1"'" The property is bounded by several existing structures. Immediately east of the property, and between the property and the river, is a new single-family residence. Behind the property to the south are two single-family residences and a duplex. The lot adjacent to the west of the property is vacant. - - summary of site Features and Conditions The Property Survey (Figure II) and the Land Use Summary Map (Figure III) presents an illustrative summary of site features and existing conditions that characterize the East Hopkins parcel and adjacent properties. These features and conditions represent both opportunities and constraints for development of the site. Opportunities for Development: - - - - - - - 1"'" - . The topography of the site, elevated above the street, permits easy excavation for garages and foundations. Minimal additional site preparation and grading will be required due to gentle topography on the remainder of the lot. . The site is not impacted by natural hazards (avalanches, rockslides, flooding, etc.). There are no significant stands of vegetation, rare or endangered plants, or wildlife habitat to impede development. The parcel is readily accessible via existing roadways and transportation systems. It is also within walking distance of downtown. . . utilities are proximate with available capacity to serve the development. . The neighborhood contains a variety of land uses, intensities of development, and architectural styles. There are excellent views in three (3) directions -- north, south and west. . - Constraints to Development: - - - - - . The existence of several large spruce trees will require relocating or replacing trees of similar size. . Development alternatives are limited by adjacent land uses and existing structures. - 4 - o & 01 = 1 81DJS ( (( f5U~fS~X (D~~ nanD SUO~f~PUO:J - e:::, I' e:::, . I I .~ "..\\II/I1J'5"'"~,,.' ~-'~ ~",,,,,:~,,,,,".., .......... ~ - -0/';:"':' I i " ",,<<..J ...p I 01 -,-_____~_. ...._ _m..__..~.__-c._.___~.___ __...____ _,___.".,__..________ I e 5u/p//nq 5 //S/X8 " << , ,0 ,06 anuanv sU~JfdOH r"'" ,.... DEVELOPMENT PLAN - The Aspen/Pitkin County Housing Office proposes to construct four affordable, deed-restricted residences on the 9,000 square foot East Hopkins parcel. The development will consist of three-bedroom units of approximately 1,700 square feet each, with attached two- car garages. The plan (Site Plan, Figure IV) incorporates traditional planning concepts. It is reflective of development patterns within the Aspen Townsite. Primary residential buildings are oriented toward public streets and the alley. Automobile access and parking are from the street and alley in garages. - - - - In terms of architectural character, the goal is to achieve a livable, human-scale residential development consistent with the East End neighborhood. Building forms are envisioned to be simple, two-story rectangles with varied facades. Each unit will include a small private yard, and entryways will be detailed and positioned to provide individual identity and privacy for each residence (Floor Plans, Figure VI; Massing studies, Figure VII). ,... - Development Data - Compliance with section 5-206.2 Affordable Housing (AR) of the Municipal Code is shown in the following Dimensional Requirements table, which also summarizes the East Hopkins Affordable Housing proposal. - TABLE 4.1 DIMENSIONAL REOUIREMENTS ,... AH Zone criterion Req1.1irements Proposal - Minimum front yard Minimum rear yard Minimum side yard Minimum distance between bldgs. Maximum height 10' 10' 5' 5' 25' (30' by spec. review) 3,000 s.f. 10' 10' 5 ' 5' - 25' ,.... Minimum lot size 9,000 s.f. Minimum lot area/unit !"'" Three bedroom X 4 units 1,200 s.f. ,... = Minimum lot area total 4,800 s.f. 9,000 s.f. - - 5 - - - - Maximum F.A.R. 1.1:1 .95:1 - Maximum Floor Area (9,000 s.L lot) 9,900 s.f. 8,526 I"'" Minimum open space (%) Special Review 35% Off-street parking Special Review 8 spaces (2 spaces/unit) Eight (8) off-street parking spaCes (two spaces/unit) are proposed. Parking for two units will be accessible from the alley via either the access easement from Hyman Avenue' or f,rom Cleveland. Access for the other two units is from Hopkins Street. All of the parking is within garages attached, to each unit. - - - Construction Schedule - The Housing Office is seeking to begin construction of the East Hopkins project in the spring of 1994. It is estimated that a twelve (12) month construction period shall be required to complete the development. The residences should be ready for occupancy by Spring of 1995. - - LAND USE REOUIREMENTS - The East Hopkins Affordable Housing Land Use Application addresses the Amendment to Official Zone Map review standards, Exemption from GMQS for 100% Affordable Housing, SUbdivision, Stream Margin Review, Condominiumization and Special Review for Parking and open Space (Pre-application Conference Summary, Exhibit "B"). Within this section, compliance with the land use requirement is discussed. - - AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP .... The Aspen/Pitkin" county Housing Office (APCHA) requests the city of Aspen to grant rezoning approval to Affordable Housing (AR) from Residential Multi-family (RMF) for the East Hopkins parcel. section 7-1102 of the city Code establishes standards of review for rezoning amendments. In the following section, each of the review standards is listed in bold and the methods of compliance are stated. - - section 7-1102(A). Whether the proposed amendment is in conflict with any applicable portions of this chapter. The development complies with applicable portions of the Aspen Municipal Code Land Use Regulations as demonstrated within this - ~ - 6 - - ~ ... - application. The development is consistent with the regulations for the Affordable Housing Zone District (Section 5-206.2). section 7-1102(B). Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. .... .... The Housing Action Plan of the 1993 Aspen Area Community Plan, encourages creation of housing which emphasizes year round ownership in mid-size or smaller projects in infill developments. The housing should fit the character of the community and be interspersed with free market housing throughout the Aspen community, especially near desired activity centers. The proposed rezoning amendment, AH from RMF, is consistent with the Community Plan, which identifies the East Hopkins site as appropriate for moderate density affordable housing. - - - section 7-1102(C). Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. - The neighborhood is characterized primarily by the RMF zone district, with one nearby parcel zoned Lodge Preservation (LP). The proposed zone district of AH and mUlti-family land use are compatible and characteristic of the existing neighborhood. - Section 7-1102(D). The effect of the proposed amendment on traffic generation and road safety. - ... A four-unit condominium development should generate approximately fifteen (15) vehicle trips/day, based on an average of 5.1 vehicle trip per day per unit (source: Transportation and Traffic Enqineerinq Handbook, second edition, Institute of Transportation Engineers, 1982). Due to the in-town location and proximity to mass transit routes, it is estimated that a minimum number of vehicle trips should be generated by residents of the project on a daily basis. The proposed amendment should not adversely impact traffic generation and/or road safety. - .... ,... Section 7-1102(E). Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, water supply, parks, drainage, schools, and emergency medical facilities. The East Hopkins Affordable Housing Development, based on APCHA Guidelines, should generate a resident population of approximately twelve (12) persons. The proposed development and its resident - - ,... - 7 - - \:' '~,;'~~~r-::~~t~;~~ l~'~.,~~ I.;.- ."-"."'~""~"! , ,',.. ',,' ~...~ - "";" . ::-."'-.'i,.,....4Jii.'~ "j ',.' 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() Q) C/) I . ~lot)<" --.-~/-..-~~"7" ",_."i...l , . ..,-- ~' ~ i , r ""...:;~ t"::.- i , "1..' ! -- II .".....~r." . ~' I 'f: ~: ~. ''''~,JII .l:.:~. 1L:::-.'~, ,.:.~IIi,~ ,'l\ .~-.'("':'..o1........,I~.,;m)Y.; . ; , I t. ~ ~ ,- ~ ~~. . r · r I: . ~: ~ ~. ~/ 6- ' . .. .... - ,... population should not over extend the capacities of existing public facilities. Current facilities are capable of accommodating the service demands of the" project and its residents. .... section 7-1102(F). Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. The project is within the existing, developed Aspen Townsite and shall not adversely impact the natural environment. The site is currently developed with an unoccupied, dilapidated single-family home. !""' ... section 7-1102(G). Whether the proposed amendment is consistent and compatible with the cOllUllunity character in the city of Aspen. ,.. ,., Aspen's neighborhoods, including the commercial Core and East End, have been traditionally comprised of various housing types, including those which are affordable by working residents. The proposed AH amendment is consistent and compatible with the community character of Aspen .... section 7-1102 (H) . Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. ,.. - Neighborhood conditions within close proximity of the East Hopkins parcel have changed significantly in recent years. Substantial quantities of free-market housing, traditionally used by working residents, have been removed from the available inventory. A variety of factors have contributed to this situation: demolition/ redevelopment of older properties, speculative second-home development, condominiumization, conversion to short-term rental, and increased rental rates. ,.... .... - To address the affordable housing problem, the city, County and Housing Office enacted a comprehensive program. An important component of this multi-jurisdictional plan is to produce new affordable units. Affordable housing projects recently completed include: the eighteen-unit Williams Woods project, the eleven- uni t West Hopkins proj ect, and three affordable housing units constructed by Aspen Electric corporation. The Housing Action Plan of the Aspen Area COllUllunity Plan establishes a goal of an additional 650 new units to be produced by the public and private sectors in the short term. The East Hopkins development is consistent with this production plan. ,.. - ~ . - 8 - .... - .... Recent changes within the community support and strengthen the need for the proposed Affordable Housing amendment. section 7-1102(1). Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. The proposed amendment is consistent with established public policy regarding affordable housing. The adoption of the 1973 Land Use Plan instituted a policy favoring the development of housing for employees of the community. The current Land Use Regulations and the recently adopted Aspen Area community Plan are further refinements in striving to attain the community's affordable housing goals. ...., .... ,... ,... GROW~H MANAGEMENT EXEMP~ION - Pursuant to Section 8-104.C.1.c of the regulations, the applicant requests City Council approval of an exemption from the Growth Management Quota system for dwelling units deed restricted in compliance with the Housing Office's Guidelines for affordable housing. The review criteria for exemption include the city's need for affordable housing; the development 1 s compliance with the adopted housing plan; the number, type and location of the proposed units; and the proposed price categories. The recently adopted Aspen Area community Plan addresses the need for affordable housing in the metropolitan area, up valley of Aspen Village. The plan states that family-oriented ownership units are particularly needed. The proposed development is for four three- bedroom ownership units with small private yards which will be very suitable for families who have very few using opportunities in the Aspen area. The units will be . recorded Deed Restriction to housing guidelines for ales units. .... ,.., .... .... ~ SUBDIVISION ,... Pursuant to Section 3-101 of the Land Use Regulations, land to be used for condominiums, apartments or any other multiple dwelling units is subject to the City's review and approval as a subdivision. Such developments are reviewed pursuant to the provisions of section 7-1004. C of the Regulations. The review criteria and the development's compliance are summarized below: '.... 1. The proposed development shall be consistent with the Aspen Area community Plan. ,. The 1993 Aspen Area community Plan specifically identifies the East Hopkins site as a potential site for "moderate density affordable housing" . The plan notes some concern about traffic and parking at - 9 - - .... ~ this site, and the development plan proposes to address this issue by building at significantly less density than would be permitted. Four three-bedroom units are proposed for the site, which is currently zoned RMF, with a development potential of seven three- bedroom and one two-bedroom affordable units. - 2. The proposed development shall ~e consistent with the existing land uses in the area. The proposed subdivision shall not adversely affect the future development of the surrounding area. - .... The proposed development is consistent with the existing land uses in the surrounding area and will have no adverse affect on the area's future development. The immediate neighborhood consists of mixed residential development, including numerous multi-family rental and condominium structures, duplexes and single-family residences. The adjacent property on the west is currently vacant, and could be developed by right to the extent of one single-family home and one duplex. - ,.... 3. The proposed subdivision shall be in compliance with all applicable requirements of the Land Use Regulations. The proposed development has been designed to comply with all appl icable requirements of the AH zone district and all other relevant requirements of the Land Use Regulations. - ~ 4. The proposed development shall not be located on land that is unsuita~le for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or other condition that will be harmful to the health, safety or welfare of the proposed residents. No natural hazards affect the development of the property. The property consists of currently platted city lots surrounded on three sides by fully developed property. Consequently, no adverse affect upon the health, safety or welfare of the project's residents is anticipated. - - ~ ,... 5. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. ""' No governmental inefficiencies, duplication of facilities or unnecessary public costs will result from the proposed development. All required utilities are currently available in the immediate site area. Improvements to the street and public right-Of-way, inCluding sidewalks, curb and gutter, are proposed to be installed at the developer's expense. The improvements generally required under subdivision regulations, and the design standards to be followed in regard to these improvements, are summarized as follows: .. . - 10 - ... ... ... a. Water. It is anticipated that potable water service to the proposed development will be provided from the existing lines located in East Hopkins Avenue. A single service line will be extended from this main to the single multi-family structure. The Aspen Water Department previously provided service to the existing (now vacant) single-family home, and has indicated that re-connection to the existing mains is acceptable, and that the municipal water system has sufficient capacity to accommodate the project. .... - .... b. Sewer. The proposed development will be served by the existing eight-inch sanitary sewers located in East Hopkins Avenue, and the existing four-inch service line on the property. According to the Aspen Consolidated Sanitation District, anticipated flows can be accommodated with minor improvements to the existing line on the property and will require no improvements to the existing sewer system or treatment facilities. .,... - - c. Electric, telephone, natural gas and cable television. Electric, telephone, natural gas and cable television service is currently located in the alley adjacent to the property and will be extended to serve the proposed development as necessary. All required extensions will be located underground and will conform to the applicable extension requirements. It is anticipated that the existing electrical transformer will be upgraded to serve the development, and the cost of this upgrade will be borne by the developer. - - ~ d. Easements. Easement to accommodate the utility extensions will be provided in compliance with the applicable provisions of Section 7-l004.C.4.b of the Regulations or as may be required by the utility~mpan~Easement will be depicted on the project's final~ivi~io!yp'lat. C"f.}IJQ ? , e. Sidewalks, curb and gutter. There are no existing sidewalks, curb or gutter on East Hopkins on the project right-of-way. The applicant proposes to install standard curb and gutter acceptable to the city Engineer and Streets Department, pave an unpaved portion of the street from the new curb, and I "1_ v 7 install a sidewalk along the entire right-of-way. ~~ ~~ ~C f. Fire Protection. Fire protection for the proposed development will be provided by the Aspen Volunteer Fire Department. Response time is estimated to be between three (3) and five (5) minutes. Two fire hydrants are located within 100 feet of the parcel -- one across the street on Hopkins and one behind the site on Hyman. The buildings shall conform to Uniform Building Code standards regarding sprinkling, fire-wall separation, fire alarms/smoke detectors and extinguishers. - - ... ... ... - 11 - - I"" - g. Drainage. The proposed development's storm drainage system will be designed to maintain historic flow rates with respect to surface water runoff and groundwater recharge. On site drywells and/or surface detention areas will be used to intercept and detain runoff from building roofs and impervious areas and to control the rate of groundwater discharge. A detailed drainage plan will be provided with the applicant's final plat submission. - - - h. Roads. Assuming a vehicular trip generation of five trips per day per dwelling unit, the project would theoretically generate approximately fifteen vehicle trips per day. The site is located very near the City's commercial core (three blocks) and in proximity to the bus system (three blocks), and it is anticipated that actual vehicular trips will be reduced thereby. - ,.... East Hopkins Avenue is fairly narrow where it fronts the property, and neighbors have experienced access difficulty especially during the winter when snow accumulates on the street. In order to mitigate this, the applicant proposes to widen the pavement on Hopkins Avenue where it fronts the property. The current pavement width is approximately 20 feet, with ample right-of-way to permit increased street width. With the improvements to the street provided by this development, there should be ample capacity for the increased traffic due to the development. ..... - - i. Final Plat. Section 7-1004.D.2.a.(1) of the Land Use Regulations required the preparation of a final plat prior to city Council review of the subdivision application. As the proposed subdivision will not require creation of separate lots and because the Planning commission and city council may require changes to the project design, the applicant proposes that plat preparation be delayed until City council review. The applicant would submit a recordable plat and Subdivision Improvements Agreement as a condition of approval and prior to issuance of a building permit. "'" ~ - STREAM MARGIN REVIEW .... Pursuant to Section 7-504 of the Land Use Regulations, the provisions of Stream Margin Review apply to any development within 100 feet, measured horizontally, from the high water line of the Roaring Fork River. The project site is within this distance and, therefore, must comply with the review requirements under this section as follows: ,... .... - - 12 - .. ~"j:;""/'. , ":~,:: " ' .,,~ -,' , ". ~ .' . --, . 0..: ....,., ~[' z...., .. -: ::), 0..' o o o ....J LL -:n". -- . ~.'. . " ~ I-- ,-- UJ z ::::i a: UJ t- ~ I' CD I z oct: ....J a. o o o ....J u.. . . ._ ..-..1 ......-..-..- - "! i I . I . . I I , . I I . . -,.-..-:.-.....J 1-'- -..- . j' oi I , . ._. ___-.1 .-.-.- . . I I . I . I . I . I . I J . I . L _. --,,---J I. .-.--. , ! I Ii I _ I . I I . I . . I J , i I ' . ! I I . i I . , · - -- ------t ~._. , i ' i . D' I I ! i ~._._._._._.-i I L.. '.___.1 ' ----- --.-, J---- - .. . I . I I . I . I -----l j- .---. i . . I , . I I . I , I . I , I . I . I . I . I , I . I , I . . I I . . I I , , I I . . I I . I . . ,. ---..- ----I --- . I I I . I I I . _.-' 1____- ~ , ,~ .; . , ..../;;,,::.r..ri~:f'_/ I . L. -. -'-- _. _._.~ i 1 i I . . I I . . .-----.-.-1 r.-.-', I .' . I I . i . I . I . I . ! I , I . . . I I I . . I io I L._.___._...J . 1-.-'-'---.-'1 . . I . I n. . I . I ---.- 1------- --- . I . I . I . I . I . I I . . I I . . I ~r '-Y-'-1 . . I I . It ._._..~ r----'tJ ! I-- - .-. - -'-1 . . i I . . I I i i i . i . I L- __. _. _.___ . r - "... 1. It can be demonstrated that any proposed development which is in the special flood hazard area will not increase the base flood elevation on the parcel proposed for development. - The proposed development is outside of the special flood hazard area as indicated on the Flood Insurance Rate Map, panel 204, June, 1987. .... 2. Any trail on the parcel designated on the Aspen Area community Plan parks/Recreation/Open Space/Trails map is dedicated for pUblic use. -- No trail is designated on this parcel. 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent possible. Only one area of the proposed development has any relation to the river: the alley where it dead-ends at the river bank. The area is currently used as an access driveway for the property, and is surfaced with gravel. The applicant proposes that this area be landscaped with trees moved from the building site, and vehicular access to the property moved to the alley from Cleveland. The resulting landscaped area, adjacent to the river, will provide additional greenspace, and access to the river. - ~ - ,- 4. No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank. - - The project site is separated from the stream bank by a fully developed property and public street and alleyway. Some existing vegetation on the site will be removed; however, due to the site topography no removal of vegetation will result in increased erosion or sedimentation of the stream bank. - SPECIAL REVIEW "'"' In the AH Zone District, open space and parking requirements are set by special review. The applicant proposes the following standards for each of these. ..... Parkinq - The applicant proposes to provide two off-street parking spaces for each unit, the maximum off-street parking permitted in the AH zone district. Off-street parking will be provided in a two-car garage for each unit. ,... ... - 13 - - - - ODen SDace As shown on the attached site plan, the applicant proposes to provide open space in conformance to the requirements of the RMF Zone District. A total of approximately 3,270 or 36% of the site will be undeveloped. This area will meet each of the requirements of open space definition as follows: - - A. ,... B. - C. ~. - D. E. ,.... - F. - G. - - H. - - The open space shall be open to full view from the street, as shown on the site plan. The space shall not be used for utility/trash service, rear access structures. storage, area or The space shall have a frontage of ninety feet on the street, or the entire lot length on that side. The minimum depth will be ten feet at the street. The open space shall be more than four feet above the existing grade of the street, but it shall follow undisturbed natural grade. The City's pedestrian plan does not require mid-block walkways in this area. The applicant shall provide a landscape plan as part of the final plat; the plan shall be subject to the approval of the city, and the developer will provide a bond in a satis- factory form and an amount sufficient to ensure compliance with the open space requirements. In order to ensure that the landscaped open space is maintained, the Condominium Declarations for the project shall provide for maintenance of the landscaped areas by individual homeowners or the homeowner's association. ,... CONDOMINIUMIZATION In conformance with section 7-1007 of the Land Use Regulations, the applicant requests City Council approval of condominiumization. In accordance with the regulations, the applicant will record a condominium map and declaration which meets the requirements of the - - - 14 - .... - .... .... ... .... - ~ ..... .... .... ,... - - ....... - .... .... - /1,0 -tr:fI WMNm ( br~v\!)1J t:i tf/ttrl.A' City Engineering Department. The condominium map and declaration :: will be provided for review upon substantial completion of construction. Prior to conveyance of individual units, the condominium map and declarations shall be recorded in the Pitkin County Clerk and Recorder's Office. The units shall be 100% deed restricted, and will therefore not require payment of an impact fee. VESTED PROPERTY RIGHTS The applicant requests vested property rights status pursuant to section 6-207 of the Land Use Regulations. The applicant understands that final approval must be granted by ordinance by the city Council and that no specific submission requirements or review criteria other than a public hearing are required to confer such status. - 15 - - "" - - - ,.. ~ - ,..., ... - ... ... - - ... - - "" PROJECT SITE VICINITY MAP - 16 - - - - - - ... ... ... ... . .. . . ... . .... . .... . .. . . . EXHIBITuA" - - - ...... - - - - - - ,- - - - ...... ,~ - - .,,..... - """ - ..... - l, "',, - )".~ - ,... - -' -, ,..., /~ tiig 1>0" '" <:0: ' ~~~ >08 I;' 81>0 '" Hffi"lN ('J..... E-il~ ~<" "lfci U~ '" <:0: . 01>0 ~g:\ii >08 8'" tiffi~ ><< "lCl :,) ~ \S<::I ~ - ) 1-1 ,.) .; "0 . > '" . U . e< c o ," "" . ~ . - u . Cl "' "' " OJ . 01'<- 01 m " c . '" " e<f-- ;.j . #322852 05lr:':!3/90 13: 45 Rec $5.00 B.< 6::: \PG 20 RccepuonN"'-Silvia Dav,,-:, Pitkin Cnty Clerk, Doc: ......,./.iO ReconkcJal "~""'''_''''' I Gnlnlor"D, WARRANTY DEED PATRICIA WILLIA/!S CARn whose address is P.O. Box 30036, Grand Junction Colorado 81503 *Countyof Mesa , State of Colorado , for the consideration of Six Hundred Fifty Thousand and nO/IOO ($650,000) dollars,inhandpaid,herebysell(s) and con"y(<) 10 ASPEN/PITKIN COUNTY HOUSING AUTHORITY, a multi-Jurisdictional Housing Authority pursuant to Colora~o whose legal address is 39551 Highway 82, Aspen, colorado 31611 law County of Pitkin , and Stale of colorado the following real properly in the Pitkin , and State of County of Colorado. to wit: PARCEL A: Lots F, G and H, Block 33, EAST ASPEN ADDITIONAL TO THB CITY AND Tm~SITE OF ASPF.N PARCEL B: Lot 5, Block 5, RIVERSIDE ADDITION, TO THE CITY AND Try1NSITE OF ~SPEN TOGETHER HITH a non-exclusive easement and right-of-t.;ay over and across the easterly fourteen (14) feet of LotQ, Block 33, East Aspen Addition to the Townsite of Aspen for the purpose of acceRS to and from the alley located in said Block 33 from and to Hyman Avenue. also known by street and number as 1010 E. Hopkins Avenue, Aspen, Colorado 81611 with all its appurtenances, and warrant(s) the title to the same, subject to the lien for ad volorem taxes for the current year, united States Patent reservations and exceptions as set forth in Book 180 at Page 454 (affects Parcel A) and in Book 175 at page 246 (affects Parcel B) ann the month to month lease with Wylie J. High and Trisha High. All hook and page references are to the records of the office of the Clerk and Recorder of Pitkin County, Colorado Signed this , '1{ Tn day of ?4ay ,19 90 . . '~ \ :R'"r!i,f~\'~l~~\~~' C'~-e) STATE OF COLORADO. )ss County of r1esa The foregoing inSlrument WilS acknowledged before me this by patricia Hilliams Card I <-"'6 day of May .1990 My commission expires S -S - ~ ~ Witness my Q;lI\{hUld~rlid~1 seal. c:"::-"~f~:<' "'" , ',: - O. I '-, ~',,,,,,,~D.J ';:;t::'<;\..-t~ \ ~ r;: ... ....N"''1Yj'It~lt< ~'. Q .::;j! ......- ..............e-'. .) l:C" .",.,..."...... .lfinDen1lCr.inserl"Cilyantl." No. 897. R(>~. 12-85. WARRANTY lIH:O (!ih....ll'arml llr"dfordl'ubli.bia~.1743 WueeSI., tkuw.,. CO~1l202_Cl(m292.2500_~.89 (~iJl j. < ~. ... - ... ... - . .....ExHISIT"BII ... - - ,.... - ... ... - ... - ,.... ... ... - - - - - - - - - , - ~: L.~ 'I ;it! IV " 1111 " ~ -:&~. p2J,.t , - - - - - - ,... CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PROJECT; rt?hp~ fJ-H C:;//thcil'l,SO>,t" APPLICANT'S REPRESENTATIVE: VA1/'f!., '-.1) !~Jf1 , " h0I!ol?~ REPRESENTATIVE'S PHONE: OWNER'S NAME: " u Ie SUMMARY llq//1JLl .' 1. 'l'ype of Application: 5u~k~A)/)O ) Kt-;;J;;J6; GurOs t;XC'+ft ~ 2. ,~Describe action/type of development being requested: ~ ~ (,tlY/t:.-UM.h-t- if/ ~ 2..sIed ~m..tt r.? 5=ttt...... lIfiJ;.jf..n . '" ,,' ',' , ". / I "o/~/) ~'G~ J'if 3. ~~ is Wi"" Applicant .~ been requested to nsp.....1/~O types of reports requested: Policy Area/ Referral Aqent ~/ ~-r;; ~.TAaf. -riM ;:Ih ~ 'Vwv; ~' , , ~ !'~ I -----::"'~_!^ Comments - ~,then t~ 4. Review is: (P&Z only) ~nlY) \~JP' (NO) to be submitted: 26 submit: -/k wivve!) 5. Public Hearing: 6. Number of copies of the application 7. What fee was applicant requested to 8. Anticipated date of submis . fP'R G 9. COMMENTS/UNIQUE CONCERNS: AC- I fk-~!? i/z3 r /j 1/ r. If} /14 7/;::1;_, j)) 9 II?, frm.pre_app ,... .... ,... ,... ,.... ,... .... ..... ... ..... .... ,... .... ... .... ,... ,~ ..... . . . .. . ... ..E....X.....H..... ..1.'8'...' I'T.............O.. .0.... ... . . . .. . . . ,... , Elsa Mitchell _P,O. Box 2492 Aspen, CO 81612 Norma Lois Dolle P,O, Box 4901 Aspen, CO 81612 Eugene & Linda Kalnitsky 1701 S. Flagler Dr" #1601 W, Palm Beach, FL 33401 ,... ECI Venture I Emerging Companies Inc, ....1035 Pearl St., #301 Boulder, CO 80302 Susan Barlow 1010 Grand Ave" #500 Kansas City, MO 64106 Paul & Patricia Schroeder 5020 Center Ct. Bettendorf, IA 52722 ,... Ernest H, Heydt, Jr. 1024 E, Hopkins Ave" #16 Aspen, CO 81611 Elizabeth & John Fergus 4378 Shire Creek Court Hilliard, OH 43026 Martin & Jean Stern 1020 E. Hopkins Av., Aspen. CO 81611 ,... ,... Jordan L. Paul 1024 E, Hopkins Ave" #13 Aspen, CO 81611 ,... Sandra Williams 718 Heathery Lane Naples, FL 33963 Jettie M, Kelly National Bank of Commerce P,O, Box 82408 Lincoln, NE 68501 Theresa Birrfelder -1028 E, Hopkins Ave" #24 . Aspen, CO 81611 J, Michael & Dale Solheim P,O, Box 4811 Aspen, CO 81612 Carl & Helen Marbach 753 Johns Lane Ombler. PA 19002 ,... Dr, Lothar M, Varady P,O, Box 5687 -Incline Village, NV 89450 Stella Henry Conner Trust c/o Nancy F. Gray, Trustee 752 Juniper Hill Albuquerque. NM 87122 Carl E, Siegesmund P,O. Box 9680 Aspen, CO 81612 - Paul & Carole Auvil 1231 Ashland ,... Wilmette, IL 60091 Christine Elkins 1020 E, Hopkins Ave" #26 Aspen, CO 81611 Michael & Jean Churchman 20 Le Mans Court Shawnee Mission, KS 66028 ....William Kenney Revocable Living Trust 3721 Ventura Dr" #100 !"'" Arlington Heights, IL 60004 Setsuo & Tomoko Ichimara 3-924, Kamiochiai 324-4 Yono-Shi, Saitama 338 JAPAN Stewart Wallis & Lyndsay Shaddock 8055 E, Tufts Ave" #600 Denver, CO 80237 ,... Margaret Trousdale 7 Alexander Lane Littleton, CO 80121 Samuel & Ruth Weisbard 1160 Chatfield Road Winnetka, IL 60093 RitaBlitt Richard & Peggy Krigel 5530 Mission Drive Shawnee Mission, KS 66208 ,... Robert & Gloria Lewis .... 666 N, Lakeshore Dr" #703 Chicago, IL 60611 Robert Cardwell 1672 Louise Street Laguna Beach, CA 92651 Dale Eubank 1022 E, Hyman Avenue Aspen, CO 81611 ,- """ David Muckenhirn William Evans - 1250 Snowbunny Lane ~spen, CO 81611 Dr. John Miglion P,O. Box 80158 San Diego, CA 92138 Dr, Sang & Ann Hann 555 Mayflower Road Lake Forest,lL 60045 - ::::.M, Clark P,O, Box 986 ...Kalispell, MT 59903 Suzanne & Bulent Minkaya 349 Brampton Lane Lake Forest, IL 60045 Susan Hunke 1550 S. 8th Street Fargo, NO 58103 ... Jon Jacoby 0,0, Box 3507 Little Rock, AK 72203 Thomas R. Hex! Paulette D. Perkins 501 Scenic Way Great Falls, VA 22066 Frank J, Gleason, Jr, 235 Overland Drive Sidney,OH 45365 - - '<athy & Lisa Fleck 1525 S, Lodge Drive Sarasota, FL 34236 - Loretta De Rose R,F,D. 156, West Lake Dr. Montauk, NY 11954 Richard Flender c/o Morgan GuarantyTrust 9 W, 57th Street New York, NY 10019 R, Michael Pack ~005 Texas SI., Suite 305 San Diego, CA 92108 Frances H, Porter 33970 Meadow Lane Chagrin Falls, Oh 44022 Stephan H, Hart Attn: J,W, Davidson, Comptroller P,O, Box 8749 Denver, CO 80201 - Julie Peters P,O, Box 1643 -LI,spen, CO 81612 Philip J, De Cocco Patricia A. Murray 886 Sturgis Highway Westport, CT 06880 Michael Di Lorenzo P.O, Box 1346 New London, NH 03257 ... Stephen & Patricia Kanipe 1015 E, Hyman Ave" #3 _Aspen, CO 81611 Ronald and Jan Greenberg 3 Brentmoor Park SI. Louis, MO 63105 Michael J, Gaffney 8 Briarwood Lane New Hartford, NY 13413 """Geehan Consultants, lnc, 12 East Church Street Adams, NY 13605 Seymour Linden 1981 Westridge Road Los Angeles, CA 90049 Martin & Helen Fine 58 Samana Drive Miami, FL 33133 - Edgar & Mary Ingalls -19450 Cedarhurst Wayzata,MN 55391 Roderick F, McPhee Punahou School 25 Pipeic pali Honolulu, HI 96802 Lawrence & Francine Blum 10100 Hidden Place Miami, FL 33156 ,.... Robert & Elissa Kenna _505 South Beach Road Hobo Sound, Fl 33455 J, W. McMichael, Jr, Trustee of McMichael Rev, Trust 6600 S, Yale, Sutte 666 Tulsa, OK 74136 Estelle Stone Ellis 5049 Wornal Road Kansas City, KS 64112 ,- - Neligh C, Coates, Jr, _Coates Reid and Waldron " 720 East Hyman Avenue Aspen, CO 81611 - W,D, Frederick c/o City Hall _400 South Orange Avenue Orlando, FL 32801 '""Oscar & Fabian Uribe, Jr, Privada De Tanforan 24 Lomas Hipodromo, MEXICO D,F, ,.. 53900 ... David F. Markel MDI,lnc, ... 537 Apple Street W, Conshohocken, PA 19428 ,-Moore Properties, LId, Covington and Burling P,O, Box 7566 ... Washington, D,C, 20044 Mickie Flanigan '""514 Signal Hill Road Barrington, IL 60016 - Rae 0, Marasco ... 653 26% Road Grand Junction, CO 81501 - Robert L. Card P,O, Box 30036 _Grand Junction, CO 81503 - " Dwight W, Arundale P,O Box 885 Edgartown, MA 02539 ... _ Mel Seid 1104 Dale Avenue Aspen, CO 81611 '"" Emerging Companies, Inc, A Colorado Corporation 1035 Pearl Street, #301 Boulder, CO 80302 Melinda S, Norton 3740 Center Way Fairfax. VA 22033 A & S Grossblatt Trust 630 North Crescent Drive Beverly Hills, CA 90210 Thomas & Darlynn Fellman 9906 Broadmoor Omaha, NE 68114 Joan Getz 283 Catalonia Coral Gables, FL 33134 Carol L. Davis 7715 Westview Houston, TX 77055 P,S.w,D, Investment Co, LId, 215 S, Monarch, Suite 101 Aspen,CO 81611 Philip E, Diamond 350 Steuart St., 6th Fir, Houston, TX 77055 Harry C, Moore M&I Bank; c/o Bonnie Wetter 500 Grand Avenue Beloit, WI 53511 Susan K, Gordy David A. Epstein 1723 North Fremont Chicago,lL 60614 Florence E. Hose 926 East Hopkins Ave, Aspen, CO 81611 Thomas & Mona Loa 3939 Villa Costera Mailbu, CA 90265 Valley-Hi Development Trust 215 S, Monarch St., #101 Aspen, CO 81611 Richard & Nancy Head 1960 Loop Road Fortuna, CA 95540 Amber Armstrong Trust 4403 Kahala Avenue Honolulu, HI 96816 Stanley & Kandi Shaffran 0164 Lupine Drive Aspen, CO 81611 Robert L. Wolfson, Jr, P,O. Box 418200 Kansas City, MO 64141 Arthur E. Graham Judy Ann Jensen 1717 Mott-Smith Dr" #2113 Honolulu, HI 96822 Sallyanne C, Johnson P,O, Box 5050 Aspen, CO 81612 p, L. and A. Inc. 9727 Spring Street Omaha, NE 68124 - _Edward & Diana Van Deusen P,O, Box 219 Dana Point, CA 92629 Frederick Vendola 3555 East Road Palisade, CO 81526 Joyce K, Murray P,O, Box 352 Aspen, CO 81612 - Harry & R,D, Bass -a33 Douglas Ave" #1400 Dallas, TX 75225 Jerry & Florence Leibell 25 Berkeley Terrace Livingston, NJ 07039 Phyllis A. Kenny 98 Glen Dee Road #16 Aspen, CO 81611 ,- L&E Properties, Ltd, 145 South Grape Street -Denver, CO 80222 Leslie & Sandra Scott 7215 Masonville Drive Annandale, VA 22003 Dorothy A. Kelleher P.O, Box 1 Aspen, CO 81612 - Mountain House Partnership c/o John Robert Werning -905 East Hopkins Avenue Aspen, CO 81611 Richard p, Boyd P,O. Box 10984 Aspen, CO 81612 The Independence Company c/o Robert Goldberg 1875 Century Park E, #1300 Los Angeles, CA 90067 ,...Judith A. Eisen P,O, box 10042 Aspen, CO 81612 Mountain States Communication 310 East Main Street Aspen,CO 81611 Mary Ann Robinson 453 Yacht Harbor Drive Osprey, FL 34229 - Bertram C. Petersen -915 E, Hopkins, #8 Aspen, CO 81611 Dan P. Steinman 2336 N. Commonweatth #401 Chicago, IL 60614 Charles & Jeanne Wichman P,O, Box 656 Honolulu, HI 96809 - Susan Saltzman _915 East Hopkins Aspen, CO 81611 Sandra M. Stuller P,O, Box 2584 Aspen, CO 81612 Dennis & Alice Cirillo 301 East 73 Street New York, NY 10021 - George McGrath Janet McGrath Jones -P,O, Box 301 Aspen, CO 81612 Bonnie M, Schriner 2635 17th Street Denver, CO 80211 Robert & Beatrice Kreitz 1307 Van Steffy Avenue Wyomissing, PA 19610 - Kyle K. Boyd P,O, Box 9949 Aspen, CO 81612 Mary & Karen Polite P,O, Box 2132 Aspen, CO 81612 Charles W, Hood P,O, Box 9276 Aspen, CO 81612 - _ Martha Jane Suits P,O. Box 8261 Aspen, CO 81612 Philip J. O'Donnell 4260 Central Avenue St. Petersburg, FL 33711 Barbara Gameroff 990 E, Hyman Ave., #1 Aspen, CO 81611 ,- /"'" ,...Rosalind Hopp 107 South Warbler Lane Sarasota, FL 34236 /"'" Joan M, Sparling 1""'300 Puppy Smith Street Aspen,CO 81611 /"'" Thomas C, Peckham P,O, Box 9766 :Aspen, CO 81612 - James R, Paul P,O, Box 10505 - Marina Del Rey, CA 90295 -Margaret R, Spencer 123 Walnut Street New Orleans, LA 70115 - John and Gale Gates I""'P,O, Box 9907 Aspen, CO 81612 - Raymond & Jessie Bates _819 East Hopkins Avenue Aspen, CO 81611 - * - - * -* I'"" 1""'*\ ...-" ... ~.. r-... ... - - ... EXHIBITIIDII ... - - - - ... - - - ... - ... !""" ... ... ... ... - ... - ... ... ,... ... ... ,... ... ... ... ... ... August 11, 1993 ,-,P,O, Box 2155 'Aspen, Colorado 81612 (303) 925-6727 Fax (303) 925-4157 SCHMUEsf""".ORDOH MEYER IHe. CONSULTING ENGINEERS & SURVEYORS Mr, Dave Tolen ASPEN/PITKIN HOUSING AUTHORITY 530 East Main Street, Lower Level Aspen, CO, 81611 RE: East Hopkins Affordable Housina Proiect, Enaineering Report Dear Dave: This letter comprises an Engineering Report for the proposed East Hopkins affordable housing project in Aspen, Colorado, My comments are based on our meeting of July 27, 1993, discussions and site visits with the primary utilities and conversations with project architect Raul Gawrys. Introduction The East Hopkins affordable housing project is located at 1017 East Hopkins Avenue (although driveway access is currently off of the cul-de-sac at the end of East Hyman) in Block 33 of the East Aspen Townsite Addition, The project proposal is for a fourplex condominium structure comprising two three-bedroom, two bath units and two three-bedroom, two and one half bath units. The project is subject to two-step subdivision, growth management exemption, stream margin and rezoning" approval procedures. This report is prepared in support of the first-step subdivision process. Subsequent reports, final plat and condominium mapping will be prepared by our firm as required, Utilities The East Hopkins site is located in an area of Aspen that is generally well-served by existing utilities, Several utility changes and relocations are proposed in the alley to the southwest of the East Hopkins site due to other impacts by a duplex project at 1010/1014 East Hyman, Utilities are generally aware of the need to serve the East Hopkins property and their relocation work will accommodate service to this site, Specifically, utility availability is as follows; 1, Water City of Aspen Water Superintendent Larry Ballenger indicates that water service is available to this project from the existing 6 inch diameter cast iron water main in East Hopkins Avenue, Due to the fact that both water and sewer mains serving this site are located in East Hopkins, care must be taken to maintain good separation (10 feet horizontally) between the water and sewer services, This will 1001 Grand Avenue, Suite 2-E . GJenwood Springs, Colorado 81601 . (303) 945.1004 ... .~ I "\ - - August 11, 1993 Mr, Dave Tolen Page 2 - - ... ... - ... ... - ... ... ... ... - - .!"" avoid cross contamination should the sewer service leak in any manner, Larry indicates that no special constraints exist for water service to this site and that capacity is available from the City water system, There is an existing fire hydrant on the north side of Hopkins Avenue just east of the East Hopkins affordable housing site. Given the age of the existing structure, there is little likelihood of a conventional tap fee credit for the property although a tap fee waiver for 100% affordable housing should be available from the City, 2, Sewer The main sewer trunk line passes near the site in East Hopkins Avenue. Tom Bracewell, System Superintendent for the Aspen Consolidated Sanitation District (ACSD), indicates that service to the property is available from this existing 10 inch diameter line, Tom further indicates that there is a relatively new service line that was installed for the existing home on the site which should be in good condition, This service line is probably useable providing its grade condition is appropriate to the new structure, Capacity is available within the ACSD system to accommodate this project. Again, given the age of the existing house, a tap fee credit is unlikely. Unlike the City Water Department, the ACSD does not provide tap fee relief to affordable housing, 3. Electric City of Aspen Electric Superintendent Bill Early indicates that there is capacity to serve this project from existing facilities in the alley of Block 33, These electric lines are to be relocated and a new transformer placed on the northeast corner of Cleveland Street and the alley of Block 33 to accommodate changes to the alley grade to benefit the new duplex residence at 1010/1014 East Hyman Avenue, Bill indicates that conduit will be placed in the alley to anticipate the future service needs of the East Hopkins affordable housing project at such time as the lines are relocated (probably within the next 30 days). Service will be subject to construction of a secondary line within the property and all normal connection and meter charges. In order to determine the actual service requirements, Bill Early requests information from the mechanical system designer regarding electrical load requirements, Project Architect Raul Gawrys informs me that gas heat will be utilized, which should keep electric requirements to a minimum, but that detailed mechanical design and relevant informatin on electric load requirements is not yet complete, 4, Miscellaneous Utilities Gas, phone and cable TV lines are all available in the alley of Block 33 and will also be subject to relocation due to the changes in grade benefitting 1010/1014 East Hyman Avenue, Service to the East Hopkins affordable housing project will be available from the alley subject, once again, to normal service line construction and connection charges, SCHMUESER GORDON MEYER, INC, - .... .... .... .... .... .... .... .... -- ,... .... .... .... .... August 11, 1993 Mr, Dave Tolen Page 3 .,-., .... I hope this information will be sufficient for submission of the first-step subdivision application for the East Hopkins affordable housing project. If you require additional information or comment, feel free to contact me. .... Very Truly Yours, SCHMUESER GORDON M ER INC, .... y W, Hammond, P,E, Principal, Aspen Office JHJJh 93137ER SCHMUESER GORDON MEYER, INC, 1""'" -U\\ifl -- Page 10 7/19/93. Aspen NeighborhoodGuidelines III. GUIDELINES FOR THE EAST END, SOUTH OF MAIN NEIGHBORHOOD A. Historic,character of the South of Main Neighborhood 1. Early miner's cottages, scattered 2. Early ski lodging, two stories in height 3. Early alpine architecture, wood and stucco; balconies overhang. 4. Developed with curvilinear streets, as a newer neighborhood. B. Current character of the South of Main Neighborhood 1. Mixed scale, from single family to multi-family 2. Clearly defined streets and yards 3. Great variety in architecture, which is an asset 4. Intermittent sidewalks; pedestrian plan calls for completing them. C. Development trends in the South of Main Neighborhood 1. Large scale single family houses are appearing, which may change the scale of the neighborhood. , 2, Large scale multi-family houses are also appearing. D. Goals for the South of Main Neighborhood 1. To strengthen the traditional scale of single family residential. 2. To develop accommodations buildings that are more compatible with neighborhood character 3. To promote a sense of integration in the neighborhood 4. To relate to the proposed sidewalks in this area. E. South of Main Neighborhood design policies 1, Mass & Scale a. New building sholJ.ld be sensitive to existing, smaller buildings. b. Buildings should be similar in scale to traditional residential structures of the neighborhood. c. Divide larger projects into'modules that are similar to those of buildings seen traditionally. d. Step buildings down in scale as the approach adjacent smaller structures. e. Use windows and doors that are similar in size and shape to those seen traditionally to help establish a sense of scale, f. The solid-to-void ratio should be similar that seen traditionally in residential areas of Aspen, as seen from the street Winter & Company t""'\ 7/19/93 . Aspen Neighborhood' ,,,' .,delines DRiFT "....-.....,'=. -.. .'. Page 11 2, Building form a. Buildings should have simple, rectilinear forms as their primary form. b. Roof: Gable forms are preferred -for all buildings in this neighborhood, c. Appurtenances: Variety is encouraged; contemporary interpretations are encouraged. 3. Site plan a. Provide a front yard. b. Buffer edges of the site from adjacent properties with fences or hedges. c. Clearly define the yard; minimize paving exposed to street d. Locate the primary floor at or near sidewalk grade; avoid sunken terraces that separate the main entrance from the street level. 4, Materials a. Use "natural, or native" building materials. b. Doors and entrances - Materials are not re'lLiewed. c. Windows - Materials are not reviewed., . d. 5. Architectural features a. Porches: Provide porches, orie,nted to the street and scaled to be similar to those seen historically. Should be dominant. b, Doors and entrances: Clearly identify the primary entrance. The entry should be in scale with those seen traditionally in residential areas of Aspen. Use doors similar in scale to those seen traditionally in residential areas of Aspen. " c, Consider a central, shared entry for multi-family units that would appear to be a single, dominant entry. d. Windows: Use windows that are similar in scale to those seen traditionally in residential areas of Aspen, e, Eave depths: Should be similar to those seen traditionally in residential areas of Aspen; these provide scale, and a shadow line that helps give interest and a sense of pedestrian scale. Winter & Company '. ,-" 7/19/93. Aspen Neighborhood ,-,uidelines 6. Parking lUll Page 12 a. Garages: (1) Detached garages are preferred, These will help reduce the perceived scale of the overall development. (2) Where garages are visible from the street, use the smallest garage doors possible, to reduce their visual impact. Treat the door to appear similar to, background siding materials. (3) When garages are to be attached, minimize the percentage of overall building front that is allocated to garages. The width of the garage should be less than 50% of the building frontage. Single car garages are preferred (for single family houses). b. Driveways (1) Locate drives to the side or rear of buildings where feasible. (2) Differentiate drive paving materials from that of the ,street. This will help to reduce perceived scale. Decorative patterns are encouraged. Porous materials are encouraged. . (3) When a garage is to be attached and face the street, slope the driveway downward toward the building to reduce the perceived height of the garage. Loc ate the garage level slightly below grade, to minimize its perceived mass. 7. Historic buildings a. Preserve historic structures. (See rehabilitation guidelines) b, New buildings should step down in scale when they are adjacent to historic structures. 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'" '" ;:;:: "" '" '" <.:> ., V) ~ <::::, C/) I g -- II r--...:;;, ~ ~ ~ -- t- O o --..:, ~ "" '_ ~ FOR, Qc~ ~,""'p' - r". i-' , I.J A,_.....~J ._1_1 ~ \"..~:<,..,-~- , ~""- "'1'''' "/' TO: THE ASPEN HOUSING BOARD AND THE ASPEN CITY COUNCIL ~ / FROM: E. HOPKINS AREA RESIDENTS ,/,/' RE: A PETITION FOR THE EAST HOPKINS EMPLOYEE HOUSING j' DATE: APRIL 20, 1993 , \ S PROJECT 10; _ =; 9/Cin nnf ~ :J-~ l$D l'Orf) NCar! PETiTION: WE, THE UNDERSIGNED RESIDENTS OF THE EAST HOPKINS AREA, WHO WOULD BE MOST IMPACTED BY THE PROPOSED E. HOE>KINS PROJECT AND MANY OF WHOM ARE EMPLOYEES OURSELVES, AFFIRM OUR DESIRE TO HAVE EMPLOYEE HOUSING 'FAMILIES' LIVE IN OUR NEIGHBORHOOD. WE WANT TO COOPERATE WITH THE ASPEN HOUSING AUTHORITY AND CITY COUNCIL TO HAVE THIS BE A SUCCUSSFUL PROJECT FOR ALL CONCERNED. WE ARE CONCERNED ABOUT THE HUMAN, BUILDING, AND PARKING DENSITY THAT IS CREATED BY BUILDING A 4 TO 6 UNIT COMPLEX OF 12 BEDROOMS ON A 9,000 SQ. FT. LOT ON A BLOCK THAT NOW HAS ONLY SINGLE FAMILY RESIDENCES AND DUPLEXES. FROM OUR. POINT OF VIEW, OUR NEI!3HBORHOOD CONCERNS WOULD BE MET, CONSISTANT WITH THE ASPEN COMMUNITY E>LAN GUIDLINES FOR HONORING NEIGHBORHOOD CONCERNS, IF THE FOLLOWING ACTIONS WERE UNDERTAKEN IN BUILDING THE FAMILY EMpLOYEE HOUSING: 1. BUILD 3 THREE BEDROOM 'FAMILY' UNITS, RATHER THAN THREE UNITS AND 3 STUDIOS. 2. SINCE PARKING IS SUCH A SlGNIFICANT PROBLEM, DEED RESTRICT THE OCCUPANCY TO FAMILIES WITH COMBINED DRIVING AGE ADULTS WHICH" DO NOT EXCEED THE NUMBER OF OFF STREET PARKING SPACES PROVIDED. 3. DEED RESTRICT THE OCCUPANCY TO ASPEN R.ESIDENTS WHO ALSO WORK IN ASE>EN AND NOT, FOR EXAMPLE, THE AIRPORT BUSINESS CENTER, SNOWMASS, ETC 4. DO NOT ALLOW SETBACK OR O'l'HER VARIANCES, FROM WHAT A PRIVATE DEVELOPER WOULD BE ALLOWED FOR A PRIVATE DEVELOPMENT ON THIS SITE, WITHOUT AN E.HOPKINS QUALITY CONTROL COMMITTEE APPROVAL. 5. WIDEN E. HOPKINS, PROVIDING A SIDEWALK, CURBS, AND LANDSCAPING FOR 'l'HE MANY PEDESTRIANS WHO WALK ACROSS 'l'HE E. HOPKINS BRIDGE. 6. MAINTAIN THE SAME NUMBER OF . ON-STREET' E>ARKING SPACES. 7. ALLOW THE E. HOPKINS QUALITY CONTROL COMMITTEE TO PARTICIPATE IN THE DESIGN OF THE UNITS AND LANDSCAPING. 8. FINISH AND PAVE 'l'HE ALLEY BmIIND THE E>ROJECT WI'l'H ACCESS ONLY FROM CLEVELAND ST. TO MINIMIZE THE IMPACT ON THE NEIGHBORS. 9. CREATE OFF STREET A'ITRACTIVE DUMPSTERS OR GARBAGE COLLECTION AREAS. -6- '< ~6 " ^ ,o.,."{.." ;' , ;:' / / ,,' ,i ,Ii ~. PETITIONED BY THE FOLLOWING E. HOPKINS AREA RESIDENTS: NAME: (SIGN & PRINT) L A.., J~ G"fSf,n~~ 2. -~ u;.;- e hKC5 f//::Uvo 3. ~~ g>~ 4~~q/C~cJ :: ~~erV(z,~ ~ B. wt c, 9. "If) __~i;( tV ~~ 10 ...!/ i07vv :::~~~. 13 .>txh~ 14(~ ~ 15. ::TUW 1.0 ~oP <:: ('((,;><<-0-1 Il.i. a,t<.. 16. . (VJaR. 90)1 d t3. "tf2oc.JsJ..je 17. P",Cl/ )::. 'Seht<DeJ.t;>C-. lB. pc<J--\,~:a. 'Se..h tZo eJete 19. t06..ol o.uu,l 20. 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'" 3 ~ Ch III 3 I '" '" ~ 3 C:<"O 1il a. a- '" '" ~ c: Ch -< 0 5' m '" o < 0: '" S'"'" - cO' - . 0> a. i5 ::> C' 0 '" '" ~~ f!l ::l S. =- '" ::> Sg cO' ~ '" Ch ::r 0: c: Q.e :;J' '" - Cil C" c: $:> go> 0 ?' ~ ::l CD g ::r if ::;; -'" 0 - :;J'CIl $. ~ ::r '" Ch '" ~ Cii" i C. sa - -"0 =- Cil ~o "''' !a Ch n aa. ~. -5' ~ n 02: S 0> i ::> ::l !Il CD C' Ill-i - ::T '" Ch::T a ::E 0:<0 III Ch c: 5' a: '" co rp '" Sl CD ::T ::l g.::T 0 '" S Q. III !Jl - 0> 0- ::T Ch _'" CD ~ ::rCO 0- '" 0> 1& ",- Ch 0> <'f'i c: :En ::l to III g -0 co ChCh ~ '" ::TCh 0 Ch o::r n ::" c: 0 1& g. 0:3 Ch CD SANDRA JOHNSON 215 S, MONARCH G103 ASPEN COLORADO 81611 303 926 6191 ".......,. R' ~""'~IV'-'ll t t:l..,i:, t:.U APR 1 4 1t~3 {\\ ~, :,,:;ty fii'ia'~~l,iS'f!M2Y0(S Office ~PR I 6 \993 PITKIN HOUSING AUTHORITV 530 E. Main Street Aspen, Colorado 81611 ." April 14, 1993 Dear Mr. Tolen, I will be unable to attend the Housing Authority meeting tonight. but would like to voice my support for the Housing Authority's proposed housing project on East Hopkins Street. I have been following the proceedings With interest and feel that you have done a very thorough and thoughtful job of addressing the needs, This type ot project and its location is an already established, high-medium density residential neighborhood seems to metM exact kind of thing we should be doing to accommodate our affordable housing. ! applaud your efforts! I am sorry that the neighbors can not see beyond their self interests to realize that this will be II positive addition to the erEll!, Sincerely, , ~6--L-- Sendra Johnson I"'- ,""" Memorandum TO: Dave Tolen, Housing FROM: Kim Johnson, Planning Development Capacity at E. Hopkins Parcel RE: DATE: March 22, 1993 A private developer would have several options for this 9,000 s.f. parcel as it is currently zoned R/KF (Residential/Multi-Family). The allowed uses include single family, duplex, and mUlti-family development. According to density limits, multi-family scenarios could be: 3 - 3 bedroom townhomesi or 4 - 2 bedroom and 1 studio townhomesi or 3 2 bedroom and 2 - 1 bedroom townhomesi or 7 - 1 bedroom townhomesi or 9 - studio townhomes Floor Area Limit (FAR) is 1:1, or 9,000 s.t. of structure. , The most likely scenario from a real estate market point of view would probably be the first two on the list. Growth Management allocations would have to be obtained by winning an annual GMP competition. By virtue of the scoring process, projects are given points for community improvements. In the case of this property, alley and street improvements Would be considered worthy of high points. An important aspect of a GMP competition is that no negotiation is allowed between the applicant, city, and the neighborhood. The site plan is locked in at the time the application is submitted. The project would also have to the meet minimum threshold for affordable housing mitigation at 35% of the total residents on the parcel. A private developer could also propose rezoning the parcel to AH (Affordable Housing). This would allow up to 30% of the proposed units to be free market units, and 40% of the project's bedrooms as freemarket bedrooms. Both the free market and deed restricted portions of anAH project are exempt from the Growth Management competition process. Based on the density allowed on a 9,000 s.f. AH parcel, different development scenarios could be: 7 - 3 bedroom townhomes and 1 - 1 bedroom townhomei or 11 - 2 bedroom townhomesi or 22 - 1 bedroom townhomesi or 30 - studios The allowed FAR maximum is 1.1:1, or 9,900 s.f. of structure. If you have any other questions, please call. ^ t-\ '~ NEIGHBORHOOD MEETING! THE HOUSING OFFICE, THE CITY PLANNING OFFFICE AND THE PUBLIC PROJECTS REVIEW GROUP INVITE YOU TO A MEETING TO DISCUSS THE EAST HOPKINS AFFORDABLE HOUSING DEVELOPMENT WHEN: THURSDAY, MARCH 18 at 6:00 P.M. WHERE: CITY HALL, SECOND FLOOR MEETING ROOM (130 SOUTH GALENA 2ND FLOOR) WE WANT TO KNOW o WHAT ARE YOUR CONCERNS ABOUT THE DEVELOPMENT? '" o DO~lJ...J:!AVE-.QU.ES+-lQN&-ABOtJTIRTS--DB7ELopMENr;--oR" "'" AFFORDABLE..,.BOUSll>J.G.JNc"BENEf'tAI:.? o WHAT IDEAS DO YOU HAVE TO MAKE THIS PROJECT A POSITIVE ADDITION TO THE NEIGHBORHOOD? WHO WILL BE THERE? o HOUSING OFFICE AND PLANNING OFFICE STAFF o THE ASPEN PUBLIC PROJECTS REVIEW GROUP o THE PROJECT ARCHITECTS o YOU, THE NEIGHBORS YOUR PARTICIPATION IS VALUABLE, AND IT WILL BE CONSIDERED ON THIS DEVELOPMENT! IF YOU HAVE ANY QUESTIONS, PLEASE CALL: DAVE AT 920-5216 I""'"'- .,-" " V'l\' b MEMORANDUM FROM: Mayor and Council ~A~ Amy Margerum, city Manager~V Diane Moore, City planning Directo~ Kim Johnson, Planner TO: THRU: THRU: DATE: January 10, 1993 RE: East Hopkins Affordable Housing Project - Rezoning to AH (Affordable Housing), Subdivision, GMQS Exemption for Affordable Housing, and Vested Rights - Second Reading of Ordinance 60, Series 1993 SUMMARY: The Planning and Zoning commission forwards a recommendation to approve the East Hopkins Affordable Housing Project subject to 11 conditions. First reading of Ordinance 60 was approved by a 4-0 vote on November 8, 1993. ~ Since first reading, Ordinance 60 has been amended to delete condominium approval by City Council. This was done because Council approved a code amendment on November 8, 1993 (Ordinance 53) which allowed condominiumization as a Planning Director approval. BACKGROUND: The Applicant is the Aspen/pitkin county Housing Office. The 9,000 s.f. site is located on East Hopkins Ave. between Cleveland st. and the Roaring Fork River. The proposal is to develop the parcel into four (4) deed restricted townhomes (sale units). Access for four units will be divided so that two units have garages off of East Hopkins Street and two units have garages off of the alley abutting the parcel on the south. The affordable units will be 3 bedrooms for a total of 12 bedrooms on the site. The complete apprication booklet is attached for your reference. PROCESS: The 2 step Subdivision/Rezoning review process including associated reviews is as follows: Step 1 - P&Z Rezoning recommendation, public hearing; Subdivision recommendation, public hearing; GMQS Exemptions for Affordable Housing recommendation; Special Reviews for parking and open space, stream margin review, one step. (October 5, 1993) 1 r"- .~ step 2 - Council Rezoning, puJ:llic hearing; Subdivision; GMQS Exemption for Affordable Housing Units; Vested Rights; two readings of ordinance. In addition to the formal review process, the Housing Office held three meetings with neighbors of the project and three meetings with the Housing Board before the application was formalized and submitted to the city. Valuable dialogue on neighborhood conditions, interests, impacts, and design goals were obtained through this outreach process. CURRENT ISSUES: At first reading, Councilman Reno mentioned his concern that the new driveways and reconfiguration of E. Hopkins street by this development will reduce available on-street parking on the block. Staff met with the neighborhood during the early design phase and also heard this statement. We also heard the E. Hopkins neighbors express that all of the auto access for this site should not be funneled through E. Hopkins, thus the two rear units of this project access off of the alley. The final design of this project has attempted first and foremost to provide covered, on-site parking for its units so as not to increase street parking in the area. Secondly, after exploring the emergency access and plowing problems of that block with the Fire Marshal and Streets Department, this project includes pavement widening and drainage improvements which will benefit the entire block. Hopefully these items will provide incentive for existing properties and future developments to work on these conditions. The basic problem is that too many cars are on the street because of severely under-parked properties along the eastern two blocks of Hopkins. As mentioned in the Summary section above, Condominiumization is no longer an action by City Council. The Ordinance has been amended to exclude this as a Council approval. Rezonina: Rezoning to AH from R/MF (Residential/Multi-family) is being pursued in order to reinforce the affordable housing objective for this property. No added benefits or variances are being sought for this development. Staff has attached the rezoning review criteria required by section 24-7-1102 as Exhibit "A". In summary, staff and the Planning commission believe that the proposed rezoning to AH meets the purposes established for the AH zone district and is also in conformance with the rezoning criteria. SUbdivision: Pursuant to section 24-7-1004 of the Aspen Municipal Code, a multi-family structure requires subdivision review and 2 ""'" r-.. shall comply with the following general requirements. The technical aspects of the subdivision review are attached as Exhibit "B". In summary, staff finds that the proposed sUbdivision meets the requirements of the code. General Requirements. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. response: The proposed subdivision is development and housing goals adopted Community Plan adopted in early 1993. a. consistent with within the Aspen the Area b. The proposed subdivision shall be consistent with the character of existing land uses in the area. response: The townhome configuration is consistent with the surrounding RM-F zoning and predominance of mUlti-family structures along E, Hopkins. An earlier site design which presented three duplex structures was ruled unfavorable by neighbors who preferred one consolidated structure. c. The proposed sUbdivision shall not adversely affect the future development of surrounding areas. response: There are still a few developable parcels in the direct vicini ty, including the large 5 lot tract directly west of the sUbject property. The proposal will not affect these future developments. d. The proposed subdivision shall be in compliance with all applicable requirements of this chapter. response: The proposal is following through with all required land use and technical approvals. All conditions of approval must be addressed before recordation of development documents of prior to issuance of building permits, whichever is applicable. GMOS Exemption for Affordable Housinq in an AH (Affordable Housinq) Zone District: Pursuant to section 8-104 C.1(c) the Council shall exempt deed restricted housing that is provided in accordance with the housing guidelines. The Commission shall review and make a recommendation to Council regarding the housing package. According to the Code, the review of any request for exemption of housing pursuant to this section shall include a determination of the city's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the type of dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed development, and the proposed price categories to which the dwelling units are to be deed restricted. 3 1"". ,1"""'\ Response: The Housing Office and Planning staff have been involved in three neighborhood meetings and three Housing Board meetings to arrive at the three bedroom configuration and Category 4 deed restriction for the units. Please refer to the application package for the floorplans of the individual units. They will be family- oriented sales units, which relieved fears from the neighborhood. staff gathered a group from the PPRG (Public projects Review Group) to comment on the proposal. At the time of the review, the architect had not made final exterior design decisions so the PPRG comments basically directed the designers to heed the "Neighborhood Guidelines" for this area (which are still in draft form). The Planning commission seemed pleased with the architectural details presented to them. Vested Riqhts: The applicant has also requested vested rights for the proposed project pursuant to section 24-6-207 of the Municipal Code. This provides vested status for a site development plan for a period of three years upon approval by ordinance. Vested rights approval by Council is non-discretionary. REFERRAL COMMENTS: Please refer to Exhibit "c" for complete referral memos from Engineering, Fire Marshal, Sanitation District, Environmental Health, Streets, and Parks departments. PLANNING COMMISSION DISCUSSION: At the October 5, 1993 P&Z meeting neighborhood comments focused on the substandard pavement widths of E.Hopkins Avenue and the parking problem which this causes, especially in winter. It was recognized that this proj ect was doing its part to widen the pavement and add curb, gutter and sidewalk for the benefit of all, and could provide the impetus for the rest of the block to form an improvement district to complete "the project. The Commission voted 6-0 to forward a recommendation to approve the Rezoning, Subdivision, and GMQS Exemption. In addition, the Commission voted 6-0 to approve Stream Margin review and Special Review for parking and open space on the parcel. FINANCIAL IMPLICATIONS: No apparent impacts to expected. The project will be making improvements Avenue within the budget for this project. the city are to E. Hopkins RECOMMENDATION: The Planning and Zoning commission recommends approval of the East Hopkins Affordable Housing project with the following conditions: 4 r"' ~ 1. The applicant shall consult the city Engineer for design considerations for development in the right-of-way. Permits are required from the streets Department for any work, including landscaping, within the right-of-way. 2. Prior to recordation of the Subdivision Improvements Agreement, Final PUD Plan and Subdivision Plat, the Master Deed Restriction for the deed restricted townhomes and lot shall be recorded with the County Clerk. prior to sale of any deed restricted property, the buyer shall execute a Memorandum of Acceptance of the deed restriction. 3. A tree removal permit is required prior to issuance of any excavation or building permits. 4. Prior to the issuance of any building permits, the applicant must submit to and receive from Engineering approval of a storm drainage plan. 5. The Final Plat and site plan for building permit must include trash storage locations, a 4'x4' utility pedestal easement adjacent to the alley, final design of any features located in the public right-of-way (eg. sidewalk, curb/gutter, driveways), and final design of alley access. 6. Prior to the sign-Off by Engineering on the Final Plat, a new alley access agreement signed by all parties and beneficiaries of the original access agreement must be executed. This access agreement should also be outlined within the Subdivision Agreement. The Fire Marshal shall approve any alley improvements for emergency access requirements . The new agreement shall be indicated on the condominium plat. 7. Street drainage must be accommodated where the project reconfigures the pavement and adds curb and gutter. 8. The Final PUD Development Plan, Subdivision Agreement and Plat shall be recorded in the office of the pitkin County Clerk and Recorder. Failure on the part of the applicant to record the Plat within a period of one hundred and eighty (180) days following approval by the City Council may render the Plat invalid. ' 9. The developer shall agree to ]Oln any improvement districts formed to cover improvements not covered by their sidewalk, curb and gutter improvements. 10. The applicant shall develop a mitigation plan to address parking impacts due to construction activity on the site. This plan shall be approved by Planning and Public Works prior to the issuance of the building permit. 5 ^ ~, ALTERNATIVES: City Council could choose not to support rezoning to AH. The Council could also require different densities or deed restrictions. PROPOSED MOTION: "I move to approve at second reading Ordinance 60, Series 1993 for the East Cooper Affordable Housing project Rezoning from R-MF (Residential/Multi-Family) to AH (Affordable Housing), Subdivision, GMQS Exemption for Affordable Housing, and Vested Rights with the conditions as recommended by the Planning and Zoning Commission." CITY MANAGER COMMENTS: Application Booklet and Blueline Prints Ordinance 60, Series 1993 Exhibits: .jA" - Review criteria / Staff Response for Rezoning "B" - Review criteria / Staff Response for Subdivision "c" - Complete Referral Memos 6 ~ " L" ,..hi ~lt:...!I::- , 19_ ~ty COuncil AwrOlred By Ordinance EAST HOPKINS AFFORDABLE HOUSING PROPOSAL Rezonincr from RM-P to Affordable Housincr Pursuant to section 24-7-1102 of the Aspen following review criteria and responses must (AH) Zone District: Municipal Code, the be considered. A. Whether the proposed ,amendment is in conflict with any applicable portions of this chapter. Response: This rezoning is not in conflict with the provisions of the Land Use regulations. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive PLan. Response: This parcel was purchased by the Housing Authority for development of affordable housing. The Aspen Area Community Plan indicates thClt this parcel is a desirClble locCltion for affordable housing development. It also is in agreement with the purpose statement of the AM zone as it is within walking distance to the commercial core and' lends itselt'to .infill on small neighborhood scale rather than .being Cl major housing project. c. Whether the proposed Clmendment is compatible with surrounding Zone Districts and lClnd uses, considering existing land use and neighborhood charClcteristics.- Response: The AM zone is intended to be used as infill zoning scattered throughout the community within residential neighborhoods. site design is critical to the compatibility of a proposed development and its immediate surroundings. This project proposes a fourplex townhome structure adjacent to the existing mUlti-family and mixed single family and duplex structures. This configuration evolved after three neighborhood meetings where citizens gave input to the vision of their area. D. The effect of the proposed amendment on traffic generation and road sClfety. Response: The proximity of this site to the downtown area will promote walking to the core. The project is undertaking a substantial improvement of the street section (widening, curb, gutter and sidewalks) along its frontage on Hopkins. This improvement appeals to but the Streets Department and the Fire Marshal's office. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, ~. 1"""'\ .~ parks, drainage, scnools, and emergency medical facilities. Response: Because of its location, the potential reduction for transit needs is reduced. The site is readily served by Aspen Consolidated Sanitation District and city water. F. Whether and the extent to result in significantly environment. which the proposed amendment would adverse impacts on the natural Response: The rezoning will not, on its own, have a negative effect on the natural environment. As many trees will be saved as possible, with the potential of relocating several large spruces to tne alley area behind the project. Because of neighborhood input, auto access to the units was split between Hopkins and the alley, THis necessitates two driveways/garages on Hopkins and excavation of the slope in the Hopkins right-of-way. G. "Whether the proposed amendment is consistent and compatible with the community "character in the City of Aspen. Response: This rezoning .lneets the location criteria for AH properties, those being "within walking distance to the center of the city or on transit routes". The character of much of the east end is tnat of a mix of residential types. This rezoning allows tor local residents to remain in an area slowly changing into second homes. - H. Whetller there have beencnanged conditions affecting the sUbject parcel or the surrounding neighborhood which support the proposed amendment. Response: The purchase of this property for affordable housing definitely supports this rezoning to AH. I. Whether the proposed amendment would be in conflict with the public interest,and is in harmony with the purpose and intent of this chapter. Response: Rezoning this site will not be in conflict with the pUblic interest nor with the Land Use Regulations. 2 f\ ctr'o"council ApproVed By Ordinance /I '1 EXhibit~ , 19 _ SUBDIVISION REVIEW STANDARDS East Hopkins AH Subdivision Pursuant to Land Use Code Section 3-101 Definitions, any land to be used for apartments or multi-family dwellings constitute a subdivision and must comply with applicable subdivision criteria contained in Section 7-1004 C. 1. Suitabilitvof land for subdivision. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mUdflow, rockslide, avalanche or snowslide, steep"topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed sub- division. There are no unsuitable lands proposed for development within this subdivision. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication o"r premature extension of public facilities and unnecessary public. costs. No duplication of public facilities will result from this subdivision. Improvement of the street will result from this project. 2. Improvements. The fol'lowing improvements shall be provided for the proposed subdivision. (1) Paved streets, not exceeding the requirements for paving and improvements of a collector street. (2) Curbs, gutters, and sidewalks. (3) Paved alleys. (4) "Street trees or landscaping. (5) storm drainage improvements and storm sewers. 3. Desiqn standards. The following design standards shall be required for all subdivisions: streets and related improvements. E. Hopkins will be improved with wider pavement, curb and gutter and sidewalk along the frontage of this parcel. The alley will also be opened from Cleveland Street for access ,of this project and the duplex on the other side of the alley. New access agreements are necessary from the properties directly south of this project. Engineering has required this as a condition of approval. street trees are also being added to the Hopkins right-of- way. ~ ,,~ a. Easements. Alley access easements with .neighbors to the rear must be updated per Engineering's requirements. b. Lots and blocks. Not applicable. c. Survey monuments. Not Applicable. d. utilities. All utility plans have been reviewed by the appropriate utilities. e. stOrtn drainaa-e. Rehabilitation of E. Hopkins requires that drainage not be impeded. f. Flood hazard areas. Not Applicable. . 2