HomeMy WebLinkAboutresolution.council.115-01 RESOLUTION NO. Series of 2001
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE MAYOR
TO EXECUTE, ON BEHALF OF THE CITY OF ASPEN, AN AMENDMENT TO THE
SILVER CIRCLE RINK DECLARATION OF RESTRCITIVE COVENANTS.
WHEREAS, there has been submitted to the City Council proposed Amendments to the
Silver Circle Rink, LLC, Declaration of Restrictive Covenants; and
WHEREAS, after due deliberation and consideration the City Council has determined
that it is in the best interest of the City of Aspen to approve said amendments and to authorize
the Mayor to execute same on behalf of the City of Aspen.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, that the City manager is hereby authorized to execute on behalf of
the City of Aspen the Amendment to Declaration of Restrictive Covenant appended hereto as
Exhibit A.
Dated: ~,~ /(/
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is
a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held ~.t//7//~_.~/ /O , 2001.
Kathryn S. Ko~)~ ~ity ~erk
Recorded ac o'clock
Reception No. Recorder
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
John P. Worcester, Esq.
The City of Aspen
Office of The City Attorney
130 South Galena Street
Aspen, CO 816! 1
AMENDMENT
TO
DECLARATION OF RESTRICTIVE COVENANT
This Amendment to Declaration of Restrictive Covenant is made this day of
~ 200 between SILVER CIRCLE RINK, LLC, a Delaware limited liability
company ("SCR") and THE CITY OF ASPEN, COLORADO, a municipal corporation and home rule
city (the "City#).
RECITALS
A. Reference is made to that certain Declaration of Restrictive Covenant ("Covenant")
dated June 20, 1990 and recorded June 28, 1990 in Book 624 at Page 51 of the
real estate records of Pitkin County, Colorado I~iven by Savanah Limited Partnership
("Savanah") for the use and benefit of the City affecting the following described real
property ("Lot 6~') located in Pitkin County, Colorado to wit:
Lot 6 of the Aspen Mountain Subdivision and Planned Unit
Development according to the First Amended Plat of the Aspen
Nlountain Subdivision recorded in Plat Book 21 at Page 35, e_c se__.q, of
the Pitkin County, Colorado real property records.
B. SCR is the successor interest to Savanah with respect to the ownership of Lot 6.
C. SCR and the City desire to amend the Covenant as set forth below.
WITNESSETH
The Covenant is hereby amended by the addition of the following:
"SCR and the City acknowledge and agree that the uses of Lot 6 for a
community activity center and public skating rink constitute a
"recreational purpose"; and, accordingly, SCR is entitled to the benefits,
protections and limitations on liability afforded by Colorado law
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72361_2.DOC
governing recreational easements, including, but not limited to, Colorado
Revised Statutes §33-4-1~101 et seq., as amended."
IN WITNESS WHEREOF, the parties have signed this Amendment to Declaration of
Restrictive Covenant the day and year first written above.
SCR: City:
Silver Circle Rink, LLC, The City of Aspen, Colorado,
a Delaware limited liability company a municipal
By: B~
Name:
Title:
STATE OF )
) SS.
COUNTY OF )
The foregoing Amendment to Declaration of Restrict!ve. Covena.nt was acl~nowledged
before me this -, ~day of J~.~..o~-~,C , 200_~__, by ..- ' ' 'Iname) as
(title) of Silver Circle Rink, LLC, a Delawar~'limited liabilit~-~0~n~pany.
WITNESS my hand and official seal
Fly commission expires:
Notar7 Public
STATE OF COLORADO )
) SS.
COUNTY OF PITKIN )
The foregoing Amendment to Declaration of Restrictive Covenant was acknowledged
before me this ~ day of ~Ja~r', 200 I , by Helen A. Klanderud as Mayor of The
City of Aspen, Colorado, a municipal corporation.
WITNESS m.y hand and office, al seal. . .?:~~:......~
Fly commission expires:
2
72~61_2.DOC
RONALD GARFIELD~ 601 EAST HYMAN AVENUE
ANDREW V. HECHT~ ATTORNEYS AT LAW ASPEN, COLORADO 81611
DAVID L. LENYO TELEPHONE
MATTHEW C. FERGUSON~ E-mail: (970) 925~ 1936
CHRISTOPHER J. LaCROIXL3 atty@garfieldhecht.com FACSIMILE
CHAD J. SCHMIT4 (970) 925-3008
JESSICA L. ROTHSTEIN~ Website:
www.garfieldhecht.com 110 MIDLAND AVENUE
SUITE 201
MICHAEL D. M¢COLLUM BASALT, COLORADO 81621
TELEPHONE
,,^,~^,.,~o^,. November 2 7, 2001 (970) 927-1936
FACSIMILE
(970) 927-1783
John P. Worcester, Esq.
City Attorney
City of Aspen
130 South Galena Street
Aspen, Colorado 8 ! 611
Re: Silver Circle Rink ,,,
Dear John:
I represent Silver Circle Rink, LLC, owner of the Sliver Circle Ice Rink. Pursuant to the
Declaration of Restrictive Covenant (Book 624 at Page 51 ) that runs for the benefit of the
City of Aspen (the "Declaration'), the use of this property (Lot 6 of the Aspen Mountain
PUD) is limited to "a community activity center and public ice skating rink". Current use of
this facility by members of the community includes skateboarders and rollerblading. My client
has observed that many of the youth engaging in these activities, all of which are unsupervised,
have taken their activities to an extreme, such as aerial tricks and riding on the railings. My
client does not want to curb this youthful exuberance but hereby requests that the language of
the Declaration be amended to make dear that the recreational uses of this property fall within
the protections of Colorado Revised Statute §33-41-101, et seq. In furtherance of this
request, I am enclosing hereWith a proposed amendment to the Declaration which I would ask
that you recommend to City Council for approval There would be no additional impacts or
costs to the City associated with this approval and continued use of the property by the public
would be unaffected. Please let me know if I can be of further assistance in this matter.
Thank you for your attention~
RG/mal Enclosure
Copy to: David Parker (with enclosure)
C:\NrPortbl\iManage\MANNLEONARDI\73287_ 1 .DOC
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