HomeMy WebLinkAboutcoa.lu.su.Scott Building
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August 8, 1977,
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SUBDIVISION IMPROVE~1ENT AGREEMENT
THE SCOTT BUILDING SUBDIVISION
THIS AGREEMENT, made and entered into this 5th day of
July
, 1977, by and between THE SCOTT CO~~UNITY PROPERTY
TRUST (the "Subdivider") and THE CITY OF ASPEN, COLORADO, a
municipal corporation (the "City"),
WIT N E SSE T H
WHEREAS, the Subdivider holds record title to a parcel of
land situated in the City of Aspen, County of Pitkin, State of
Colorado, to wit: Lots K, L, ,~1, n, 0, P, Q, Rand S, Block 38
City of Aspen; and,
tiHEREAS, the Subdivider has submitted to the City for
approval, execution and recording a subdivision plat of the above-
described property, such subdivision to be known and designated
as "The Scott Building Subdivision"; and
WHEREAS, the City has fully considered such subdivision
plat, the proposed development and the improvement of the subject
property shown thereon, and is willing to approve, execute and
accept said plat for recordation upon the agreement of Subdividers
to the matters hereinafter described, which matters are deemed
necessary to protect, promote and enhance the public welfare; and
WHEREAS, the Subdivider and the City wish to reduce said
agreement to writing.
NOW, THEREFORE, in consideration of the premises, the
mutual covenants herein contained, and the approval, execution
and acceptance of said subdivision plat by the City for recording,
the parties hereto hereby agree as follows:
1. Subdivider covenants and agrees to and with the City
that the Subdivider will affirmatively consent to and join in the
formation of any special improvement district, encompassing all
or any part of The Scott Building Subdivision, that may hereafter be
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BOOK333 f'A~t119
proposed or formed for the construction of street improvements,
drainage improvements or buried electrical improvements. Sub-
divider hereby waives and further covenants and agrees to waive
any right to protest against the formation of any such district.
2. In the event the City, at any time or from time to
time, shall construct or install any street improvements, which
improvements service or improve a general area including the lands
\.ithin The Scott Building Subdivision, the Subdivider agrees,
upon demand, to payor reimburse the City for that portion of the
actual cost of such improvements which is properly allocable to
said subdivision, provided, however, that the City shall be
entitled to such payment or reimbursement only if such improve-
ments are constructed over an area which includes at least the
following described minimum area, to wit: Hopkins Avenue from
Third Street to Fourth Street.
Subject always to the minimum area requirements set forth
above, the City shall have the right to install or construct such
improvements in phases or increments, e.g., curbs and gutters in
one year and sidewalks in a subsequent year, and the Subdivider
shall payor reimburse the City for each successive phase or
increment. Provided, however, that improvements installed during
the initial construction, i.e., curb, gutter and sidewalk, shall
not be charged to the Subdivider.
3.
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The Subd~v~der agrees that no condominium unit located
within the Scott Building Condominiums shall be leased for any
period of less than six successive months, or in the alternative,
be leased more than twice for short-term periods within any
calendar year (in addition to occupancy by the owners or any
lessee for a six-month lease term).
4. City acknowledges the minor impact of the development
and waives the cash escrow requirements of Section 20-16(c) of
Ordinance 22 (Series of 1975). The Subdivider agrees to construct
sidewalk, curb and gutter for a distance of 180.04 feet along
the southerly line of Lot 2 and along the southerly line
of the Common Area of The Scott Building Subdivision
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800K 333 i'AGE120
from the southeast corner of Lot 2 to the southeast corner of
Lot 1 (inclusive of a portion of said improvements which have
been constructed prior to this date). Such improvement will be
accomplished at the same time as the construction of improvements
is accomplished on Lot 1, but not later than December 31, 1978.
In lieu of cash escrow, the Certificate of Occupancy for any
improvements constructed on Lot 1 shall be withheld until comple-
tion of the sidewalk, curb and gutter installation agreed to be
accomplished by the Subdivider in this paragraph 4.
5. Upon approval and recording of the final plat of
The Scott Building Subdivision, the Subdivider agrees to give
all existing tenants located upon the premises fair notice and
a ninety-day exclusive, nonassignable right of first refusal
to purchase the condominium units in which such tenants reside
at the preliminary market value at the time of said notice.
6. The Subdivider further agrees that for a period of
three years following the execution of this Agreement the fol-
lowing restrictions will be imposed upon Condominium Units Nos.
2 and 3 located in the Scott Building Condominiums in said Subdivision:
a) Both units will be made available for lease
fully furnished at the fOllowing rental rates:
(i) Unit 2 at $500.00 per month
(ii) Unit 3 at $225.00 per month (except that
Unit No. 3 may from time to time be used
as part of the office facilities located
at the premises).
b) The employees who work at the premises for Dr.
Russell Scott, Jr. or for other employers will
be given the right of first refusal to lease
said Units Nos. 2 and 3.
7. The covenants and agreements of the Subdivider herein
shall be deemed covenants that run with the land, shall burden
the land included within said sUbdivision, and shall bind and be
specifically enforceable against all subsequent owners thereof,
including the Subdivider, his heirs, personal representatives,
successors in interest and assigns.
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BOOK 333 I'AGf121
8. City acknowledges receipt from Subdivider of the
sum of Ten Thousand Two Hundred Dollars ($10,200.00) as full
satisfaction and discharge of Subdivider's obligations under
the applicable subdivision ordinance to pay cash in lieu of
the conveyance of land to the City for public use purposes.
9. Upon execution of this agreement by all parties hereto,
City agrees to approve and execute the final plat of The Scott
Building Subdivision and accept the same for recording in the
real property records of Pitkin County, Colorado, upon payment
of recording fees and costs to City by the Subdivider.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the day and year first above written.
ATTEST:
CITY OF ASPEN
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THE SCOTT dMMUNITY PROPER;;--
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MEMO
TO:
FROM:
DATE:
RE:
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HAL CLARK
PLANNING DEPT.
DAVE ELLIS "'_
CITY ENGINEER ~~
June 9,1977
SCOTT BUILDING SUBDIVISION - FINAL REVIEW
In reviewing this final plat only a few items
were found to be deficient. A recording
certificate is necessary, the transformer
easement should be an electric and communications
easement, and this change should also be noted in
the grant of easement.
In regard to the subdivision agreement I would
like the section of the municipal code referenced
in paragraph 4 and a clearer definition of the
proposed improvements. Considering the minor
nature of the above changes I would recommend
final approval contingent upon these changes
to the plat and agreement.
"......"
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SACHS & HERSHEY
JEFFREY H. SACHS
MARTIN H. HERSHEY
ATTORNEYS AT LAW
720 EAST HYMAN STREET -:- SUITE 303
ASPEN, COLORADO 8t611
(303) 925.6813
ASSOCIATED OFFICE:
HilS LINCOLN CENTER BUILDING
1660 LINCOLN STRgET
DENVER, COLORADO 80264
(S03) 892.13330
June 8, 1977
Mr. Hal Clark
Aspen Planning and Zoning Commission
City Hall
130 South Galena St.
Aspen, Colorado 81611
Dear Hal,
In accordance with your request, I have detailed below the
current occupancy status of the eight units included in the
Scott Building located at 400 West Hopkins Avenue, Aspen,
Colorado.
Unit No. Sq. Ft. Current Use
1 1,369 Employee Housing
(HcClosky)
2 993 Employee Housing
(Longfield)
3 206 Employee Housing
(Vacant)
4 517 Medical Office
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5 1,543 Medical Off~ce ~ got.
6 289 Medical Office S1'aYo
7 993 Scott Residence
8 3,209 Scott Residence
9,119
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M E M 0 RAN 0 U M
TO: Aspen City Council
FROM: Planning Staff (HC)
RE: Scott Building Final Subdivision Plat Approval for Condominiumization
DATE: June 8, 1977
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This is a request by Dr. Russell Scott (represented by Attorney Jeffney
Sachs) for final approval for the condominiumization of the existing Scott
Building on Lots K through S (9 lots) in Block 38. A detailed description
of the project is attached in our letter of June 8, 1976. The Planning
and Zoning Commission approved the preliminary plat on May 17, 1977 with
the same conditions as outlined below:
1. The applicant has submitted the attached information on
the occupancy of the apartment units. Dr. Scott's home
is located in the large three bedroom apartment on the
third floor of the building. Approximately six persons
are employed by Dr. Scott in the office portion of the
building. Certain of the apartment units are restricted
for use for housing with the office portion of the building;
and are contained in the improvement agreement. It is
clear that Dr. Scott intends and has rented the apartment
units for long-term rental housing. A maximum six-month
lease restriction together with a 90 day notice to existing
tenants to purchase the units at market value is required.
2. The final plat and Improvement Agreement have been approved
by the City Engineer. Seventeen (17) parking spaces and a
common area for the benefit of the owners of the Scott
Building are included on the plat.
3. The building grounds have been attractively landscaped.
4. A park dedication fee of $10,200.00 is required.
5. The Planning Office recommends approval of the Final Plat.
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11E~lORANDur1
rQ: Aspen City Council
FROM: Planning Staff (HC)
RE: Scott Building Condominiums - Conceptual Subdivision Approval
DATE: June 8, 1976
This is a request for conceptual subdivision approval for the
condominiumization of the Scott Building on Lots K through S
(9 lots) in Block 38. The zoning for the property is R.6 and
as such the building is a non-conforming use. The building con-
tains the following uses:
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1. A medical office - 1450 square feet.
2. Seven (7) apartment units consisting of two (2) studios;
f~ one (1) one bedroom apartment; two (2) two bedroom apart-
ments; and t~ (20 three bedroom apartments.
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The building is 11,866 square feet in size.
The Planning Commission originally considered this application on
October 6, 1975, and tabled the request pending additional information
concerning parking requirements and the lot area to be assigned to
the building. On June 2, 1976, the Planning and Zoning Commission
granted approval to the request.
The building is a non-conforming use and as such the R-6 density
or parking requirements do not apply. The Planning Office has
administratively determined that it would be appropriate to evaluate
these criteria'according to the requirements, of the R/MF zone.
Accordingly, the following figures re~arding minimum land area and
parking spaces have been calculated:
2 studios = 1000 x 2
1 one bedroom = 1250 x 1
2 two bedroom = 2100 x 2
2 three bedroom = 3630 x 2
Office = 1:1 F.A.R. 1450 - 1450
R/r~F ZONE DENSITY REQUIRErmnS
= 2,000
= 1,250
= 4,200
= 7,260
-- 1,450
+
TOTAL AREA REQUIREMENT
16,160 square feet
R/MF PARKING REQUIREMENTS
R/MF requires one/bedroom for residential uses. Other uses are by review.
2 studi os = 1 x 2 = 2 spaces
1 one bedroom = 1 x 1 = 1 space
2 two bedroom = 2 x 2 = 4 spaces
2 three bedroom = 3 x 2 ,- 6 spaGes
Office = 311000 x 1450 = 4 spaces
+
TOTAL PARKING SPACES REQUIRE~ =
17 spaces
The Planning Office recommends that conceptual subdivision approval
be granted subject to the requirement that six,(6) lots be allocated
to the Scott Building leaving separate lots K, L & M for development
under the R-6 zone. Also, that 17 parking spaces be provided to serve
the Scott Building Condominiums.
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APPLICATION FOR EXCEPTION
Re: Scott Building Condominiums
The undersigned hereby applies to the Aspen Planning
Commission for an exception pursuant to the provisions of
Section 20-19 of the Aspen, Colorado, Subdivision Regulations.
On June 2, 1976, the Planning Commission granted approval
to the conceptual presentation of the undersigned applicant for
the condominiumization of the Scott Building on lots N through
S, Block 38, City of Aspen, Colorado. On May 17, 1977, the
applicant intends to submit a preliminary plat of such proposed
subdivision to the Planning Commission for its approval.
For various reasons, "the preliminary plat of - the proposed
subdivision could not be submitted by the applicant within the
six month period following approval of the conceptual presen-
tation, as required by the Aspen, Colorado, Subdivision Regula-
tions. However, the applicant states that the preliminary
plat of the proposed subdivision is consistent with the concep-
tual presentation which was previously reviewed and approved by
the Planning Commission, and that no good purpose would be
served by requiring the applicant to resubmit the conceptual
presentation at this date and require the Planning Commission
to spend additional time and effort reviewing previously ap-
proved materials. The applicant therefore requests that the
Planning Commission grant an exception from the foregoing six
month period in which to submit the preliminary plat for ap-
proval following the approval of the conceptual presentation.
The applicant further submits that the granting of such exception
by the Planning Commission pursuant to Section 20-19 of the
Aspen, Colorado, Subdivision Regulations is appropriate because the
strict application of such provisions would be unreasonable and
detrimental to the property rights of the applicant and the
granting of such exception would not be detrimental to the
public welfare or injurious to other property in the area in
which the subject property is situated. '. A
This application is respectfully submitted this I~ day
of May, 1977.
SCOTT CO~~UNITY PROPERTY TRUST
By
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CITY
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81611
MEHORANDUM
DATE:
Clayton Meyring
Mick Hahoney ~".,-
May 6, 1977
TO:
FROM:
RE:
Park Dedication Pee Valuation
Dr. Russell Scott Property
I accept James Mollica's appraisal (copy of letter attached) per-
taining to Dr. Russell Scott's property of $170,000.
PSM/pm
Attachment
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PUBLIC NOTl CE
Re: Scott Subdivision Preliminary Plat
Notice is hereby given that a Public Hearing will be held on May 17,
1977 at 5:00 p.m. in the City Council Chambers, Aspen, before the
A~pen Planning and Zoning Commission to consider the Preliminary
Plat of the Scott Building Condominiums Subdivision located on
Lots K through S (9 lots) in Block 38, Aspen Townsite. The Sub-
division is a condominiumization of the existing Scott Building
which consists of a medical office complex and seven apartment
units.
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A copy of the preliminary plat may be examined in the office of the
City/County Planner, City Hall during regular business hours.
Published in the Aspen Times Thursday, May 5, 1977.
/s/ Kathryn S. Hauter
City Cl erk
Copies of notice sent to the following adjacent property owners:
Ted V. and Sylvia H. Brown
230 Bunker Hill Road
Houston, Texas 77024
Mary E. Perkins
P.O. Box 709
Aspen, Colo. 81611
Boomerang, Ltd.
P.O. Box 253
Aspen, Colo. 81611
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James 1. Mollica ~ Associates, In~
Real Estate Appraisers and Consultants
Aspen, Colorado
Mason & Morse Building. 315 East Hyman Avenue, Aspen, Colorado 81611.303/925-8987
May 4, 1977
Mr. Mick Mahoney
Aspen City Manager
Box V
Aspen, Colorado 81611
Re: Land valuation for the Dr. Russell Scott Property,
City of Aspen, Lots N, 0, P, Q, R, and S of Block 38,
for the purpose of park dedication fee.
Dear Mick:
Pursuant to the request of Mr. Jeff Sachs, Attorney, I
have personally inspected the subject lots, and have
gathered and analyzed applicable market data for the purpose
of estimating the fair market value of the subject's
property, "as if vacant" under current zoning, in order to
establish a basis for the park dedication fee.
Since the park dedication fee is based upon land value only,
I have not inspected the interior of the office building or
apartment located on this site. This valuation is further
limited to the current R-6 zoning classification, and does
not take into account the current use of the property as an
office and apartment building.
Based upon the current R-6 zoning classification, the property
could be developed with three single family residences or
more duplex units.
I have gathered and analyzed recent sales of building sites
in the Aspen area as a basis for comparison of the subject
property. One of the most recent sales of similar property
in Aspen's West End was from Pae~e to Erdman in August, 1975.
This property contained 18,000 square feet and was since
divided into three building sites for $150,000. This sale
is identical to the subject in size, and its location is very
similar.
A more recent transaction took place October, 1976, for City
of Aspen, Lots A, B, C, D, E, and F of Block 18, for a total
price of $185,000. This sale was further divided into three
building sites with a small Victorian residence already
existing on Lots A and B. This location is considered slightly
inferior to the subject's.
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(II) James J. Mollica, R.M.
~:' __.' _' Appraiser-Consultant
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The most recent transaction of six lots, that your appraiser
has knowledge of, is located across from the Shaw triangle
on Lake Avenue. These six lots are under contract for
$170,000 from the Shaw Estate to Starodoj. These lots are
extremely desirable, as they are located in Aspen's most
prestigious area.
Contained in my files are numerous other sales of building
sites in Aspen's West End residential area, which I have
used as a basis for my opinion. Therefore, it is my opinion
that the fair market value of the subject land, "as if
vacant", as of May 3, 1977 is:
$17.0,000.
This valuation was offered in a letter form at the request
of the client; however, I have the necessary information in
my files to complete a formal narrative appraisal with
supporting market data and exhibits if necessary.
If I can be of further assistance in this matter, please do
not hesitate to call.
Thank you for this opportunity to be of service.
Sincerely,
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J . Mollica, R.M.
ea state Appraiser
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Attached: Appraiser qualifications
James 1 Mollica t ASSll~ate& Inc.
Real Estate Appraisers and Consultants
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James J. MoJlica t AssocIates, In~
Real Estate Appraisers and Consultants
Aspen, Colorado
Mason &Morse Building. 315 East Hyman Avenue, Aspen, Colorado 81611.303/925-8987
QUALIFICATIONS OF APPRAISER
James J. Mollica
Residential Member (R.M.) Designation of the American Institute of Real
Estate Appraisers, 1976
Licensed Real Estate Broker in the State of Colorado
Member of Aspen Board of Realtors
Member of National Association of the Board of Realtors
Instructor University of Colorado Continuing Education Division
EDUCATION
Business and Advertising, BSJ, Ohio University
Real Estate Law, Ohio University
. Course I-A, American Institute of Real Estate Appraisers
Course 9, American Institute of Real Estate Appraisers
Course 201, Society of Real Estate Appraisers
Course 2, American Institute of Real Estate Appraisers
BACKGROU~~ k~D EXPERIENCE
. Incorporated James J. Mollica & Associates, Inc., February 1977
Independent Fee Appraiser and Real Estate Broker, associated with Mason &
Morse, January 1974 to present.
Appraiser Intern - Associated Consultants and Appraisers, Inc., June 1972
through November 1973.
Construction, Deffett Companies, Ohio (during college)
MAJOR CLIENTS SERVED
Aspen Highlands Ski Corp.
Aspen Industrial Bank
Aspen Savings and Loan Association
Bank of Aspen
Bank of Snowmass
City of Aspen
County of Pitkin
First National Bank of Aspen
First Western Mortgage Corp.
Holland & Hart, Attorneys
Majestic Savings and Loan
Oates, Austin, McGrath, Attorneys
TYPES OF PROPERTY APPRAISED
Commercial
Condominiums
Lodges
Ranches
Residential
Vacant Land
PURPOSES OF APPRAISALS
Acquisition
Condemnation
Estate Planni!lg
Exchange
Insurance
Liquidation
Mortgage
Partition
Sales
Tax Planning
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\".,. / James J, Mollica, R.M.
,"~~;;i. i' Appraiser-Consultant
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ROBERT p, GRUETER
ATTORNEY AT LAW
FIRST NATIONAL.. BANK BUILDING
P. O. BOX 4226
ASF=>l:O;N. COLORADO 61611
May 2, 1977
Mr. Hal Clark
City Planning Department
City Hall
Aspen, Colorado
RE: Scott Subdivision
Dear Hal:
This letter is notice that the firm of Hershey & Sachs has
been employed by Dr. Scott as co-counsel with this office
in the above-referenced matter.
Please direct all inquiries to Jeff Sachs at the following
add'ress:
HERSHEY & SACHS
720 East Hyman
Suite 303
Aspen, Colorado 81611
925-6813
Thank you for your assistance in this matter.
Very truly yours,
LAW OFFICE OF ROBERT P. GRUETER
By:' <:JrjU~" _1(. ~
~':f~nnor '
Attorney at Law
SRC:kkm
CC: Dr. Russell Scott
Mr. Mark Longfield
Mr. Jeff Sachs
TEI..EF>HONE
9215-4544
AREA COCE 303
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M E M 0 RAN DUM
TO: Dave Ellis
FROM: Planning Staff (HC)
RE: Scott Building Condominiums - Preliminary Subdivision
Plat
DATE: April 21, 1977
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Attached for your review are two copies of the Preliminary Plat
of the Scott Building Condominium Subdivision and an "old"
title commitment. which is in process of being updated by
Mr. Robert Grueter.
He would like to schedule this long-delayed project as soon
as possible before the Planning and Zoning Commission - hopefully,
~lay 17, 1977.
Thanks.
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MEMORANDUM
TQ: Aspen City Council
FROM: Planning Staff (HC)
RE: Scott Building Condominiums - Conceptual Subdivision Approval
DATE: June 8, 1976
This is a request for conceptual subdivision approval for the
condominiumization of the Scott Building on Lots K through S
(9 lots) in Block 38. The zoning for the property is R-6 and
as such the building is a non-conforming use. The building con-
tains the following uses:
1. A medical office - 1450 square feet.
2. Seven (7) apartment units consisting of two (2) studios;
one (1) one bedroom apartment; two (2) two bedroom apart-
ments; and ~ (~ three bedroom apartments.
'Two
The building is 11,866 square feet in size.
The Planning Commission originally considered this application on
October 6, 1975, and tabled the request pending additional information
concerning parking requirements and the lot area to be assigned to
the building. On June 2, 1976, the Planning and Zoning Commission
granted approval to the request.
The building is a non-conforming use and as such the R-6 density
or parking requirements do not apply. The Planning Office has
administratively determined that it would be appropriate to evaluate
these criteria according to the requirements of the R!MF zone.
Accordingly, the following figures regarding minimum land area and
parking spaces have been calculated:
2 studios = 1000 x 2
1 one bedroom = 1250 x 1
2 two bedroom = 2100 x 2
2 three bedroom = 3630 x 2
Office = 1:1 F.A.R. 1450 1450
R/MF ZONE DENSITY REQUIREMENTS
= 2,000
= 1 ,250
= 4,200
= 7,260
-- 1,450
+
TOTAL AREA REQUIREMENT
16,160 square feet
R/MF PARKING REQUIREMENTS
R/MF requires one/bedroom for residential uses. Other uses are by review.
2 studios = 1 x 2 = 2 spaces
1 one bedroom = 1 x 1 = 1 space
2 two bedroom = 2 x 2 = 4 spaces
2 three bedroom = 3 x 2 ,- 6 spaces
Office = 3/1000 x 1450 = 4 spaces
+
TOTAL PARKING SPACES REQUIRED = 17 spaces
The Planning Office recommends that conceptual subdivision approval
be granted subject to the requirement that six (6) lots be allocated
to the Scott Building leaving separate lots K, L & M for development
under the R_6 zone. Also, that 17 parking spaces be provided to serve
the Scott Building Condominiums.
MEMO
TO:
FROM:
DA_TE:
RE:
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HAL CLARK
PLANNING DEPT.
DAVE ELLIS. (i)L
CITY ENGINEER \!,t;;-z.....
May 25, 1976
SCOTT BUILDING - CONCEPTUAL SUBDIVISION REVIEW
The engineering department recommends approval of the
conceptual plat on June 1; The only comment we have
is that the acreage shown on the plat is for only
3 lots (O.275ac.) instead of the total 9 lots(O:6l98acL
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MEMORANDUM
TO: Dave Ell i s
FROM: Planning Staff (HC)
RE: Scott Condominiums - Conceptual Subdivision
DATE: May 24, 1976
This is the long delayed conceptual subdivison application for the
Scott Building. The memo of the Planning Office dated March 31, 1976
depicts our analysis of the density requirements for this non-con-
formi ng use.
We would like to schedule this for June 1, 1976 before the Planning
and Zoning Commission. Is this too rushed for you?
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CITY OF ASPEN:
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aspen ,colorado 8161" box v
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MEMORANDUM
DATE:
TO:
FROM:
RE:
September 30, 1975
Hal Clark G),.... ,
Dave Ellis ~
Conceptual Subdivision Reviews for Oct, 7
I. Park Central Office BUilding The Engineering Dept.
has no objections with this project. The tabulated
data indicates 34 parking spaces required while the
sketch plan indicates 44 spaces; the latter is correct.
II. Columbine Condominiums The only comment on this
sketch plan is that they have shown the zoning west of
S....Spl;'ing St. as being NC instead of C-l.
~III. Scott Building This is an existing building which
originally was built as a medical office and four apart-
ments. The building permit plans include a sheet show-
ing a future conversion from medical office to apartments
on the first floor. However; since the apartments were not
built, I'm not sure whether the alternate scheme was checked
for density. Under the alternate scheme there would have
been 5 units with 15 bedrooms; the current proposal is for
8 units with 16 bedrooms. I feel the density matter should
be considered as a planning review. Should the 16 bedroom
proposal be acceptable, 'then the project'would need an add-
itional 8 spaces assuming the garage remains.
.""""
^
..-._--.~ .
scarr BUILDnlG
Apartment B
'Apar1:nlent C
Apartment D
1\Partrnent G
Scott
Agnes & Russell
Scott
Apartment H
Dr. & Mrs. Roger M:.tnro
Krystina DeLarosa
Mr. & Mrs. A. Mazhari
John Van Ness
Mark Longfield
2r:d Floor
Office
-,-
,-
o:Lr~
LEASE AGREEMENT
~ Lease Agreement, made and entered into this .) 3 ~ . day of
:f72... , 19 _2b" by and between Russell Scott, Jr., P.O. Box
4257, Aspen, ColoradO 810ll (hereinafter referred to as. "landlord") and
~I'IN U;AJ 1l1s.s "
(hereinafter referred to as "Tenant").
-
WITNESSETH, that in consideration of the mutual covenants. and agreements
as hereinafter set forth, the parties hereto agree as follows: ,
. 1. Lease Grant Term and Rental. landlord hereby leases to Tenant
Apartment Unit No. "2 ,133 s. Third Street, located on the Southeast
portion of Lots K, L, M, N, 0;' P, Q, R and S, Block 38, City and Townsite of
Aspen, County of Pitkin, State of Colorado, to be used as a private dwelling and
not otherwi.s~, for a term corrmencingat twelve o'clock noon on the /.:;;;t;
day of ~E/n<!3~ , 19 'Jsl/and 'ending at twelve o'clock noon on the
/91' day of /lI/7/Z:/YlA.!:/2.-- , 19~, unless sooner terminated
as hereinafter prOVided. It is mutually understood that the leased premises
are unfurnished except for ldtchEm appliances, carpets and drapes.'it Tenant
agrees to pay landlord as rent for said premises for the full term described
above the sum of $ 3b.t7tJ ,which sum shall be payable in equal monthly
instalJments of $ ~ri each irl advance on the first pay of each calendar _
month during the term hereof, the first and last month's instalJments to be paid
on the signing of this lease. In addition, Tenant agrees to pay to landlord a
cleaning, damage and rent security deposit in the amount of $ /~7l on
the signing of this lease. All such payments shall be made directly to landlord
at the above address.
2. Utilities and Maintenance. landlord agrees to be responsible for and
to pay when due all electricity, cable T.V., water, sewer and trash removal and
other utilities attributable to the leased premises. Tenant agrees to pay tele-
phone charges and to maintain the leased premises and the gr'ounds surrounding
same in good and attractive condition, and to make all necessarY repairs to the
leased premises and the fixtures and :in'provements thereon, including plumbing,
wiring and glass, at Tenant's expense, and at the termination of this lease to
surrender and deliver up said premises in as good order and condition as when
the same were entered upon, loss by fire or ordinary wear excepted. Tenant further
agrees not to use said premises for any pu.~ose contrary to applicable law,
.. ordinance or regulation, and 'to permit no pets and to prevent any disorderly
conduct, noise or nuisance whatsoever in or about the leased premises. Tenant
further agrees not tq make any nail holes or attachments to the walls or other
parts of the premises without prior written consent of the Landlord. Landlord
shall have the right to enter upon the leased premises at any reasonable t:lme or
t1mes to inspect the same and to make repairs.
3. Improvements. Tenant agrees to make or suffer no alteration or
:lmprovement to the leased premises w~thout the prior written consent of Landlord,
and further agrees that any alterations or :in'provements ll1Me by Tenant after
said consent shall have been given which are so attached to the premises that they
cannot be remoVed without material injury thereto shall become the property
of Landlord upon the termination of this lease.
4. Liability. Tenant agrees to assume all liability for, and to indemnify
defend, save and hold harmless Landlord fr~ ~ liability or expense arising
from injury to person or property in or about the leasedprem1ses. -
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, 5.' Peaceful Enjoyment. So long as Ter.ant is not in default under a.'1Y
of the terrns 'of this lease:J LandloZ'c. cOVerz.ts to proteot Te..y...ar6t' s right 0:
peaceful enjoyment of the leased preulises~
6. Darrage to Leased ?.:'e:nises. If the leased prerrlises are da.'11aged by a
casualty, such as a fire, wl".ich is not caused by the fault or negligehce
of Tenat or ~uputable to Tenar.t~ so as to be unfit for the use for which
leased, the rent required to be paid hereunder, or a proportional pai't the.~eot.
according to the nature and extent of da..age, sl".all be abated until tl",e
prerrlises have been repaired and restored by Lar.dlord. If the repairs are r.ot
completed within 60 days from the date Lar.dlord is notified by Tenant of the
darrage, and the leased premises are unfit for occupancy at the end of such
period, either Landlord or Tel".a,l1t shall have the right to cancel this lease
a."lo. end the term hoilreof.' L"l suoh oilvent "~he es'~ate hereby Ore..tea sl'.cJ.l
"terminate, rent shall be pa:l.o. to the o.ate the leased pre;nises beoa.'11e Ul"'.:fit
for occupancy, and therea...."'ter all other obligations he:::eu."ldoilr shall ooilase.
If the leased premises are damaged by a oasualty, such as a fire, wl:'.ioh
is caused by the fault or negligence of Tenant or imputable to Tena."lt, the
repairs and restoration shall be promptly accomplished by Tenant at Ter.ark I s
expense to restore the leased pre."llises to '~heir former condition.
7. Premises Left Vaca.'1t. It is fu.""ther mutUally agroeed tl'.at in case
the leased prerr~ses are left vacant without proper notice of terrrJnat10n
having been given and any ];la..""t of the rent here:l.n l:'eserved be unpaid, then
Landlord, without a.'1YW1se beir.g obligateo. to do so and without terrr.inat1."lg
'this lease, rr;;y l:'etake possession of said premises and rent the salT.e fo,;;;, such
,;;;,ent and upon such conditions <l,S La.'1dlord rr;;y think best, makL"1g such
cha.....ges a:1d repairs, and Tenant shall be 'liable tor tl1e balance of the ,;;;,en'"
ool:'ein l:'eserved until the expiration of the term of this lease.
8. Default. It is fu..""ther ':mutually understood and agreed tl".at in the
event Tenant is 1."l default in the payment of the rent herein l:'eserved or in
the performance of any of the covena.'1ts or agreements herein contained
follo~~.g the delivery of three (3) days notice of s~oh defa~lt by Landlord
to Ter.ant, Tenant I s l:'ight to possession of 'che leased pre:nises shall' au'co-
lTatically terminate a.'1d Ter.ant shall peacefully sut'render the leased premises
to Landlord, and Lar.dlord rray, upon or at any time after a.'1Y such '"errr.:i.r.atior.,
without further notice, reenter the leased pre.'11ises and repossess it by force.
summa..""y proceed:lngs, ejectment, or otherwise, a.'1d rr;;y disposess Te:-.ant a.'1d
remove Tenant and all other persons a.'1d property from the leased pre...ises. .
At any t:une after such term.i.'1a.tion, Landlord may relet the leased pre:r.ises
or a.'1Y part thereof, as Landlo::'d, in its discretion, may detel:'l'ni.ne, and rr;;y
oollect andreoeive the rents the:::'efo:::,. La.'1dlo:::'d shall in no wo:y be respo;'lsible
fol:' or liable for any failure to relet the leased pre."llises or any pa..""t thereot.
or fOl:' any failure to collect ar,y rent' due upon suc;. J:;elettir.g.
J
No suoh termi"lation shall relieve Ten~~t .of his liability a.'1d obligations
under this lease, and such liability and obligations shall survive any such
term.i.'1ation. In the event. ot: a:t',y such terrr.:i.r.ation, wnethel:' or not the leased
prerrlises or any part thereof shall have been relet, Tenant shall pay to Landlord
the rent required to be paid by Tenant up to the t:l:.le of such terminatior., ar.d
. thereafter Tenant, until the end of what would have been the term of this
Lease 1.'1 the absence of such terrr.i.~.ation, s:'1all be liable to Landlord-:,for, and
shall pay to Landlord, as and fol:' liquidated and agreed dalnages for Tenant I s
default: (a) the equivalent of the arr.oun'" of rent Vll'.1ch would be po:yable
under this lease by Tenant if this lease were still in full force a:t'.d effect,
'less (b) the net proceeds of ~'1Y relett1."1g effected pursua:t'.t to the above
provisions after deduct:lng all of Landlord I s expenses in connection with such
relett1."1g, 1."lcluding but not lilnited to aU repossess:l,on oosts, bl:'okerage
corrm:i.ssions, legal expenses, attomeys I fees. a1tel:'Cj.t:1.ons costs and expenses
of preparation for such relett1.'1g.
9.' Assign"ent or Subletting. This lease sl".all not be assignable nor
shall the leased premises or a.'1Y interest therein be subleased by Tena.'1t
. without the p~ior written consent of Landlord. L"'1 additionl Tenar.t agcees to
obtain Landlord IS pl:'ior w-"itten approval with respect to ar;y other persons
(other too.;''; ':::'er.ant I ~ ir.;r.ed:l.a.te fa.'ilily) Who W'..ll sta:y 1..... the leased -pre.'11ises
to': more t~...... seVen (1) C;:Js din':L"'.s; the te:::-.'il of this lease.
""'"
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10 ~ Landlord's Lien. Tne parties hereto understatld arldag,7'ee that; in
order to secure payrr;ent of all SUl'TIS at aYJy tke becoming due to Landlord
hereunder and to secure the proper perfom.ance and' fUJ.:'ilLi1er..t by Ten&'1'c of
Tenant's agceeme~ts hereu.~der:J Landlord has a f1rst lien ~pon and Te~1ant
hereby gives a' security i."lterest, to Lal:dlord in all of the perso..al prope~"""y
and fixtures which Tenant sr.all place or pe~";';lit to be placed ,upon or abo"',,
the leased pr~~ses.
11. Landlord's Agent. Tne parties hereto acknowledge that a designa'Ged
i.'1dividual Tray be acting as Landlord 1 s agent in connection with tr.is Lease
Agreemer:.t and the subj ect leased premises, a'1d that said. agent sr.all have all
the rights of Landlord tl.'1der this Agre~'1ler:.t. Tena'1t hereby agrees to carefully
i.'1spect the leased' premises i.-;J;T.ediately upon tald..'1g possession o~ same. a'1d
to notify Landlord or sa.:l.d agent of aYJy i."'regularities w-lthin 24 hours a:.."'"e~"
such pOssessior, begins. Tenant further agrees that at least two (2) days '
:' prior to Tenant's vacation of the leased premises under the terriS hereof.
Tenant will contact Landlord or said agent for a'1 appointment to i.'1spec'"
'"he leased pr~~ses for clea~.liness and/or da;nages caused by Tenant. "I
12. Holding wer. If Tenant shall, wi'"h the knowledge and consent of'
la.'1dlord, continue to occupy the leased premises after the expiration OI~ '"he
terr.. of this lease or a:ny rene~lal or extension hereof, Tenant shall beco;;:e
for such period a tenan;; from month to rr.on;;r, at a rr.ontr.ly rental, payable- 1;'l
adva'1ce, equivalent to the last month's rent he~"eunder, ar.d subjec'" to all
the terms and provisions of this lease.
13. Binding Effect. Tnis Agreerr.ff,.'lt shall exten6, to and be bin6.ing upon
the par'c,ies hereto ar.d their 'r~spective ,heirs, ,persoXlSl representatives,
successors and assigns.
14 '. Severability. If aYJy prOVision oz~ ;;his lease should be held invalid
or tl.'1enforceable, the remair.ing provisior.s sr.all nevertheless re;~ unaffected
and continue in :full force an<;- effect as valid a'1d, e.;'4forc~able. '
nweto :l,s :"l.e:ceby lllade a ~" ot
l5. AddendUm. 'I't.e a,dde:.'ldum a.ttacl".ed
this leas~ agl:'ee..r.ent. '
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RUSSELr.:. S<::O' ,JR,'..
By J. Mark LO,ngfleld, . '.
AHorn~y:in;Fact "'.::.'
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aspen,
SPEN
street
81611
MEMORANDUM
October 8, 1975
To:
Aspen-pitkin County Planning Office ~
Ted Armstrong, Parks & Recreation Dept.~
"-
Subdivision Plans, Scott Building, Columbine Condo,
& Park Central
From:
Re:
I have reviewed the three plans and fing nothing
wrong.
I do reserve the right that any changes regarding
trees or vegetation must go through the tree ordinance,
and any alteration or tree removal must have my approval.
~
r\
CIT
PEN
box v
MEMORANDUM
TO: Aspen Planning Commission
FROM: Planning Staff (HC)
RE: Scott Building Condominiumization - Conceptual Approval
DATE: October 2, 1975
This is a request for conceptual subdivision appoval for the condominium-
ization of the Scott Building located on Lots P, Q, R, and S in Block
38. The building is a medical office building which also contains
eight (8) department units. The zoning for the property is R-6 and
as such the building is a non-conforming use.
The Planning Office is having difficulty correlating the present building
layout with that of the original building permit plans. We feel that
insufficient parking exists for this building, but at this time cannot
calculate the needed spaces due to the above stated discrepancy (see
Dave Ellis's memo). The applicant owns adjacent undeveloped property
which can easily provide the needed parking spaces. We feel this
building should be required to conform to current parking requirements
as a condition of subdivision.
Upon satisfaction of these considerations, the Planning Office recommends
conceptual approval.
rQIJtr-rJ p~ 2- Oe-r '1 If'S"
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.-
LEASE AGREEMEl',iT
This Lease Agreement, made al1d entered into this 30th day of
September , 19-15 by and between Russell Scott, Jr., P. O. Box
4257, Aspen, Colorado 81611 (hereinafter referred to as "Lal1dlord") and
AMIR MOHAMMAD HOSSEIN MAZHARI & FOROUZANDEH MAZHARI
(hereinafter referred to as "Tenant").
WITNESSEI'H, that in consideration of the mutual covenants and agreements
as hereinafter set forth, the parties hereto agree as follows:
1. Lease Grant, Term and Rental. Landlord hereby leases to Tena."1t
Apartment Unit No. D , 133 S. Third Street, located on the Southeast
portion of Lots K, L, M, N, 0;- P, Q, Rand S, Block 38, City and Townsite of
Aspen, County of Pitkin, State of Colorado, to be used as a private dwelling and
not otherwise, for a term commenc1.."1g at twelve 0' clock noon on the 1 s t
day of ~lay , 19-15., and ending at twelve o'clock noon on the
1 st day of MAY , 19--L6., unless sooner terminated
as hereinafter provided. It is lllUtually understood tnat the leased premises
are unfu...""'l1ished except for kitchen appliances, carpets and drapes. Tenar,t
agrees to pay Landlord as rent for said premises for the full term described
above the sum of $ 4200. 00 ., which sum shall be payable in equal montrJ.y
installments of $ 350. 00 each iri advance on the first day of each calendar
month during the term hereof, the first a."1d last month's installments to be paid
on the signing of this lease. In addition, Tenant agr>ees to pay to Landlord a
cleaning, cla'llage and rent security deposit 1.."1 the amount of $ 100.00 on
the signing of this lease. All such payments shall be made directly to Landlord
at the above address. *
2. Utilities and Maintenance. Landlord agr>ees to be responsible fo:' ar,d
to pay when due all electricity, cable T.V., water, sewer and trash removal a."1Q
other utilities attributable to the leased premises. Tenant agr>ees to pay tele-
phone Charges and to .maintain the leased premises a."1d the gr>ounds surrounding
saIne in good a."1d attractive condition, and to ll'.ake all necessary repairs to the
leased premises and the fixtures and :iIqprovements thereon, including plumbing,
wiring and glass, at Tenant's expense, and at the termination of this lease to
su..."Tender and deliver up said premises in as good order and condition as when
the sa.'1le were entered upon, loss by fire or ordinary wear excepted. Tenant further
agrees not to use said premises for any purpose contrary to applicable law,
ord1.."1ance or regulation, and to permit no pets and to prevent ar;y disorderly
conduct, noise or nuisance whatsoever in or about the leased premises. Tenant
further agrees not to make ar;y nail holes or attachments to the walls or other
parts of the premises without prior written consent of the Landlord. Landlord
shall have the right to enter upon the leased premises at any reasonable time or
times to inspect the same and to make repairs.
3. Improvements. Tenant agrees to make or .suffer no alteration or
:iIqprovement to the leased pre'1l1ses without the prior written consent of Lar.dlord,
and further agrees that any alterations or improvements made by Tenant after
said consent shall have been given which are so attached to the premises that they
can."1Ot be removed without material injury thereto shall become the property
of Landlord upon the termination of this lease.
4. Liability. Tenant agrees to assume all liability for, and to indemnify
defend, save and hold harmless Landlord from any liability or expense arisir.g
from injury to person or property in or about the leased premises.
* The Tenants have, under the terms of the April 15, 1974 lease, given
the Landlord the $100.00 damage deposit. By mutual agreement, this
amount will be applied to the damage deposit required by this lease.
-1-
The Tenants have, under the terms of the December 1, 1974 lease, given
the Landlord the last month's rent. By virtue of this lease the last
months rent, whioh we are holding, will be applied to this lease.
/
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,. Peace~l Enjoyment. So long as Te:---..snt is not :L""l defa~t u::.c.e~"" a::;y
of the ten-ns of tr..is lease, ~dlorc. cove...ants to protect Tenant's rig.1.t of
peacef\4l erJ oy;uent of the leased pra'7~ses ~
6. Dai'Bp:;e to Leased ?-.l."'e:m.ses. If tte leased pre;:.ises are da"'i1aged by a.
casilalty ~ such as a .fire~ vll'"'..ichis not cai.lsed by the fault or negligence
o~ Tenat or :Lilputable to Tenant> so as to be t.L.vlfit foY' the use for w:"'~ch
leased, the rent required to be paid here-ur1der, or a proportional Part thereof>
accordir~ to the na~'\L"e a..v;.d extent of da-r.age, sl"'..a.ll be abated w!til the
pl"emises~have been rep:r'::"i">ed and restored by La::dlord. If the repairs are r~ot
co......,.....,j i':)"-er1 1.1'..;+-_.......;....... 60 Q'ays "~o...-r, +-.....':) a~~+:e i' ".""'a" or~ -is no......;';-O..; eo." 'oy "'e.......-::.."'.- o~~ '-'''e
1l1~..I..""'V v. r~.......~........~ ...... ..... v....1;::: o.v ~~..I.. v...I.. .., v.......... ..I., ...oo.o."'v ... \.I......
d~~ge> and the leased pre~~ses are unfit for occupancy at the end of suc~
period, either La."1dlord or Tenant sr..a.ll :"1ave the rig..~t to car:.cel this lease
&'1d end the tem hereof. In such event the estate hereby created. shall
t;;emJr.ate, rent sr..all be paid to the date the leased preUlises bec2u"ne vr...fit
for occupa."'1cY:J a."1d thereafter all other obligations hez-eunder shall cease.
If the leased pre'1l1ses are dall'aged by a cas~ty, such as a fire, wr~ch
is caused by the fault O~ negligence 0:''' Ter..an.t or imputable to Te;('~a...."1t, t::.e
rep;.-j"('s a..v;.d restoratio~ s1"'al1 be pror:ptly accomplished by TenMt at Ter..ant's
expense to restore the leased pra~dses to the~ former condition.
7. Prernises Left Vacant. It is 11..L.-ther Inutually ~eed tr..a.t :ix. case
the leased prerr~ses are 'left vacant without proper notice of termination
havir~g been given ar",d &"1Y part of the rent here:L"1 reserved be urlpaid, '/c:-..e~"..
Lar~G.lord, without anywise beir'~ obligated 'co do so and without terminatir'.g
this leaseJrray retake possession of said premises and rent the sa~e fo~.such
. rent and upon such cor..ditions ~s La."ldlord r:',ay think best;;) rna..kir~ such
cha.""".ges a..."'1d repairs, and Tena.~t sl".a.ll be liable for the bala.."1ce of t:'1e :.?en~v
he..e1..'1 ..ese!'Ved until the expiration of the tem of this lease.
,
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8. Default. It is fu...~her '':,ffiUtually understood a.'1d a.greedt~tih the";
event TerJ.ant is 1."1 default i.Yl the payment of the rent hereu4. reserved , "or in '
the perforrr.ance of ar;y of the covenan.tsor ag:'eet"ient~ here:L."1 contai.'1ed; ,"
follow:L'1g the deliveI"J of tr.ree (3) days notice of s~ch default by Lar;.dIQl"'G. "
to Ten~tJ Tenantls ~i&~t to possession of the leased prerrdses shall'?uto-
~tically termir~te a..'1d Tenant shall peacefully surrender the leasec. p~e~.ises"
to Landlord> a..."1d La."1dlord may, upon or at a..'1.y t:i1ne after ar~ such tent'4f...atx~~0i:".,:'
w~:::~ut further" notice~ r:en::r t~e ;:-:ase~ pre"llises and< repossess.:t ]3:>;\..f .~rce:i ' ,\<
s.......""-'-'7 proceedlr.gs, eJecvll'.e..v, o. ovnerw::.se, and ll'ay disposess Te.lanv~a !
reOlove Tenant and all other persons and property from the leased pre;;j,ses.'"
At ar~ t:Lj.e after such terr:d.r..ation, La.n.dlord ITa;)' relet the leasedprerr.isep .~c"
or arry pa...vot thereof.. as r..a..'1.dlorc.., in its discretio~'1;) ~ deter;;'d.ne, ai~ rr,ay. . ,"
collectaYld receive the rents therefor. La.."1dlord 51".al1 in no way ,pe r!9sp0~1.s~Ql~'
for or' liable for a.'lY failure to relet the leased pre'l'.ises 0.. ar;y pa..""t the:07,Of,
or tor any failure to collect a.'1Y rent due upon such reletting. .
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No such term:L'lation shall relieve Tena.'1t of his liability and obligatior:.s
under this lease, and such liability a.'1d obligations shall Su.~ve ar;y such
tern-il.nation. In the event ot ar.y such ter::-..ir...a.tion> whether or not the leased
premises or any part thereof shall have been relet:J Tena."1t shall pay to La..~dlor'd
the rent required to be paid by Ter.ant up to the time of such terminatioD>' a..""lC
thereafter Tena."1t:J until the end of what wo'.lld have been the tam of tr.c.s
Lease in the absence of such term:L'1ation, shall be liable to Lar,dlord for, and
shall pa:y to Landlo..d, as a.'1d for liquidated and agr>eed da..ages for ':'ena;-:t' s
default: (a) the equivalent of the araount of rent "lhich wou.ld be payable
under t1"..is lease by Tena."1.t if tl1is lease were still :1..""'.. full force a..'1d' effect,
less (b) the net proceeds of a.'lY relettir.g effected pursuant to the above
provisions after deducting all of Landlo:."'d's expenses 1.."'1 c0l'1x1ection 'With sl:..c:"l
..elettir.g, i.'1cludi..'1g but not li..'nited to all repossession costs, brokerage
comr..issions> legal expenses, attorneys' fees> altera.tions costs and eA'"Penses
of preparation for suoh reletting.
9. Assig;rllT.ent or SublettL."1g. This lease shall not be assignable nor
srall the leased pre~~ses O~ ars ~v;.terest therein be subleased by Tenar~
withol.4t the prior written consent of landlord. L"'1 addition" Tena.nt agrees to
obtain La..'1.dlord 1 s prior written approval With respect to any other perso:'.s
(other tr..at. Ter-.a."1t I $ i.'";;;'.ediate fa'7C.lY) w':...o \\1.:'1 stay ~. tr...e leased p::er;'~zt:~
..0.... .....,..........-:;. ............... s"'ve~("'\ ~::::"s c;-.~......o\."..,Cf' 't-."".-::. 'too....,..... 0-:-'" +-.\...~... le~c::'.e
. . 'IN.'" 101.___ W .. .1' -." . -"'-'6Q ..__ .......... . ...~ 1iiMo'.
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10. L3.r~dlordTs Lierl. Tne pa..."""'ties :'";.e~eto u.nc.e::'st~d and PJ2,"':"'ee that ~~
order to secure pay;nent of all Burns at, a."1y tir."e becozr.ing due to La.:-:.dlorc.
her>>e~derar~d ~o seClXe t~e p:'oper perfo::y;.a..~ce a."1G. tUlfil.L"";1er~t by 1'e:,z.~t; 0:-'
Ten&'1t 's ag,Tee."nents here~"'lder ,Landlord r.as a first lien ~pon a:-:d Te:'1al:J~
tereby gives a security ~~te~es~ to Landlord ~~ allot the pe~so~~ p~ope:~~y
and fixtures wl"..ich Ter-.al''lt si'.all place' or pe~J.t to be placed :,-"pen O~ abo\..i.Jv
the leased pra~~ses.
11. Landlord r s Age~t. 'J3.-;.e pa..rties he~eto acknowledge that a desi[gj.&ted
i.."ldi vidual may be acti..-;.g as I....a.ndlord' s agent 1."1 connectiO:"1 with t:-...is Lease
A~ee~e~t and the subject leased premises) ~~d that said agent sr411 have a::
the rights of landlord ll..""lder this Ag;C'eement. Tenant hereby ~ees to c~"'e.f\.w.ly
i..'1spect the leased' pre..7Uses :L"':r:Tediately upon ~aki..~ possession of s&'7J.e., a..v;.d
to notify Landlord or said age7lt of ar.y i:.~egu1arities Witr~ 24 hours &:..r.v~e:.."t
s~ch possession beg~~s. Tena~t i\4~her agrees trat at least two (2) days .
prior to Ter~~rs vacation ot the leased pre~~ses ~~der the te~~~ereof>
Terz:t Will contact I...andlord or said agent :'01'" a""l appointment to i.""lspect
tha leased premises for clea......J.:L."'less and/or darnages caused by Te~~t.
12. }!olding Over. If Tena..'1.t shall., with the knowledge ar'lG. consent of
~dlord, contin~e to occupy t~e leased p~e~~ses after the exp~"tatio~ of ~he
ter:,1 0;: this lease or any renewal or extension hereof, Ter~t shall beco;;.e
for s-..;.ch period a ter4n~ :':0::' ;;'lOnth to rr.onth at a rr.onthly ren"cal, payable ir'.
advance, equivalent to the last month's rent r.ereil."1der.) ~d subjecol~ to all
.I~he te~.s ar..d provisio~s of 'tr.is lease.
13. Binding Effect. Tni,sAg.....aerr.ent sr.all extend to and be binciir'~ Upo~'l
the pa.......'t,ies hereto and the~'r~spective 'heirs" ,personal :represer-~tatives,
su~cessoro ar.d assi~s.
:4 ~ Severability. If a..'1.Y pr--ovision at tr..:is lease sho....ud be held invalid
or Uo.""ler.d'orceable, the rerr.ai:'.1r..g provisions sr.all nevertheless re.'T..Cli'''l 'W'laffecol~e6.
ar.c. con~~ue ~ full torce ar4 effect as valid ar.d enforceable.
15. Adde~d~'n. ~.e ~a;.~~,,'a.ttac:t'.ec. r.oe~e;o i;s her'eby ~e a Z?aJft.i of
t:rJ.s leas~ "$l"ae.-r.e.'lt. , "
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ASPEN/PITKIN PLANNING DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
SUBDIVISION PLAN CHECK FORM
Mailing Date:
Subdivision:
September 17, 1975
Scott Bui 1 ding
Conceptual Plan Public Hearing, October 7, 1975
Rocky Mountain Gas
Agency:
The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the placement of easement&; etc., and where necessary sketching recommended
alterations on a copy of the plat.
Your comments and any corrections'made on the plat must be returned to
the City/County Planning Office no later than October 2, 1975
No response will be interpreted as approval without comments.
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ASPEN/PITKIN PLANNING DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
SUBDIVISION PLAN CHECK FORM
Mailing Date:
Subdivision:
September 17, 1975
Scott Buildinq
Conceptual Plan Public Hearing October 7, 1975
Aspen Fire District
Agency:
The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
,the pl acement of easements, etc., and where necessary sketching re,commended
alterations on a copy of the plat.
Your comments and any corrections'made on the plat must be returned to
the City/County Planning Office no later than October 2, 1975
No response wi 11 be interpreted as approva 1 without comments.
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, ASPEN/PITKIN PLANNING DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
SUBDIVISION PLAN CHECK FORM
Mailing Date:
Subdivision:
September 17, 1975
Scott Building
Conceptual Plan Public Hearing Oct. 7, 1975
Agency:
The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the pl acement of easements, etc., and where necessary sketching recommended
alterations on a copy of the plat.
Your comments and any corrections'made on the plat must be returned to
the City/County Planning Office no later than October 2. 1975
No response will be interpreted as approval without comments.
AGENCIES REFERRED:
Mountai n Bell
Rocky Mountain Gas
Aspen Fire Dept.
Aspen School Dist.
Metro Sanitati on
Electric Dept.
Water Dept.
City Engineer - 2 copies
Fil e - 1 copy
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ASPEN/PITKIN PLANNING DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
SUBDIVISION PLAN CHECK FORM
Mailing Date:
Subdivision:
September 17, 1975
Scott Building
Conceptual Plan Public Hearing Oct. 7,'1975
Aspen School District
Agency:
The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the placement of easements., etc., and where necessary sketching recommended
alterations on a copy of the plat.
Your comments and any correetions'made on the plat must be returned to
the City/County Planning Office no later than October 2, 1975
No response will be interpreted as approval without comments.
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ASPEN/PITKIN PLANNING DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
SUBDIVISION PLAN CHECK FORM
Mailing Date:
Subdivision:
September 17, 1975
Scott Building
Conceptual Plan Public Hearing Oct. 7, 1975
Electric Dept.
Agency:
The enclosed plat is provided sothat each utility company and public
agency may inspect the plat and the site, making comments, concerning
,the pl acement of easements, etc., and where necessary sketching re,commended
alterations on a copy of the plat.
Your comments and any corrections'made on the plat must be returned to
the City/County Planning Office no later than October 2. 1975
No response will be interpreted as approval without comments.
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ASPEN/PITKIN PLANNING DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
SUBDIVISION PLAN CHECK FORM
Mailing Date:
Subdivision:
September 17, 1975
Scott Buil di ng
Conceptual Plan Public Hearing Oct. 7, 1975
Water Dept.
Agency:
The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the placement of easements, etc., and where necessary sketching recommended,
alterations on a copy of the plat.
Your comm,ents and any corrections' made on the plat must be returned to
the City/County Planning Office no later than October 2. 1975
No response will be interpreted as approval without comments.
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ASP1::N TITLE CO;\IPANY
^"l"ITLE IS:-i(;r{A;:-':Cr: AGf;:-;cY
POST OF'FICE hOX 27
ASPE". COLOH1\Db 81.611
(303) 025.4,444.
TITLE STATUS REPORT
1176-05-26
We have examined the records of the Clerk and Recorder of Pitkin County,
Colorado, and find:
Real property described as:
Lots K, L, M, N, 0, P, Qi Rand S
Block. 38
CITY AND TOIVNSITE.OF'ASPEN
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Fee simple title is vested in:
RUSSSLL SCOTT, JR., }L~RY Am.OLD SCOTT and W. OSCAR NEUHAUS, Trustees
under Indenture of Trust dated Marc~ 7, 1973, Russell Scott, Jr.,
.. et ux., grantors.
Subject to:
Mineral reservations as set for~~ in deed recorded in Book. 106 at
Pages 221 and 222.
Restrictions as set forth in instrument recorded in Book 197 at
Page 598 and Hodification and Amendment thereto recorded in
Book 261 at Page 507 and Letter recorded in Book 261 at Page 856.
Any and all uI1paid taxes and assessments and any and all tax sales ,that
have not been properly redeemed or cancelled.
Any tax, assessments, fees or charges by reason of the inclusion of the
'Subject property in Aspen Fire Protection District, Aspen Sanitation
D~strict, Aspen Street Improvement District, and Aspen Valley Hospital
District.
We find no liens vs. s'aid parties.
Although .Ive believe the facts stated are true, this report' is not to be
construed as an abstract of title, nor an opinion of title, nor a guaranty
of title, and it is understood and agreed that Aspen Title Company neither
ass~~es nor will be charged with any finw,cial obligation or liability
\'lhatever on accou.,t of any statement contained herein.
Dated at Aspen, Colorado this 14th day of May, 1976 at 8:00 A. M.
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ASPEN TITLE COMPANY
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. .By