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HomeMy WebLinkAboutcoa.lu.sp.Aspen Meadows Closing File.1992 CITY OF ASPEN CLOSING FILE "THE ASPEN MEADOWS" 1. Statement of Nullification 2. Special Warranty Deed - Water Rights 3. Raw Water Agreement 4. Deed - Lot 1 - Savanah to Institute 5. Deed - Lot 2 - Institute to MAA 6. Deed - Lot 2 - Savanah to MAA 7. Deed - Lot 3 - Institute to Physics 8. Deed - Lot 3 - Savanah to Physics 9. Shared Facility Agreement 10. Deed - Outlot B - Institute to Marqusee 11. Bill of Sale - Savanah to Institute 12. Acknowledgement and Acceptance of Driveway Easement 13. Fireplace Letter - Kresge 14. Agreement to allow new Road over MAA property 15. Conveyance Agreement - Institute/Physics 16. Conveyance Agreement - Institute/MAA 17. Order of Recordation - Recording Information savanaMindexeskity.els 1 :lt,340939 16: 2-1-7 F%, 667 PG 811 S V 1 V i S I t 1"i F11 Cr-1 tY Cl ca r k D o c. $. 0 NULLIFICATION OF STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS WHEREAS there was recorded on October 31, 1985, as Reception No. 272730 in Book 498 at Page 256, et seq. of the Pitkin County, Colorado real property records a certain Statement of Exception from the Full Subdivision Process and Subdivision Approval, etc. ("Subdivision Exception Statement") by which certain limitations, restrictions, covenants and conditions were, by the owners thereof and the City of Aspen, Colorado, placed upon the real property more particularly therein described; and WHEREAS subsequent to the execution of the Subdivision Exception Statement, the property therein described was, by the current undersigned owners thereof, submitted to and has received approval under, inter alia, the full Subdivision and Specially Planned Area provisions of the City of Aspen Land Use Code; and WHEREAS the purposes of the Subdivision Exception Statement have been fulfilled and the limitations, restrictions, covenants and conditions therein contained have effectively been superseded by the conditions of approval placed upon the property described in the Subdivision Exception Statement in connection with the Full Subdivision and Specially Planned Area approvals recently obtained in connection therewith; and WHEREAS the Subdivision Exception Statement serves no further useful purpose and in the interest of adding clarity to the public land records of Pitkin County, Colorado should be rendered a nullity. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS,NTS, that from and after the date hereof, the Statement of Subdivision Exception, etc. recorded October 31, 1985, as Reception No. 272730 in Book 498 at Pages 256, et seq. of the Pitkin County, Colorado real property records shall in its entirety and, for all intents and purposes, be null, void and of no further force and effect whatsoever. IN WITNESS WHEREOF this instrument has been executed as of the Oday of k1KV k 1991. THE CITY OF ASPEN, Colorado By: tv (Signatures Continued on Page Following) 16)., 27 R'cec: 11:15. 00 E x667 F'G 812 Silvia Davis, Fitkirt Crity Cler-k , Doc: $.('.)0 —LAC-, THE ASPEN INSTITUTE A(formerly The Aspen Institute for Humanistic Studies) By:_ SAVANAH LIMITED)ARTNERSHIP, a District of Columbia limited partnership as successor to John H. Roberts, Jr. 0 4" By: ASPEN ENTERPRISES INTERNA- TI 0 I.,---INC., it enr erat Partner B STATE OF COLORADO SS. COUNTY OF PITKIN The foregoing instrument was acknowledged before met 's of 199 ,,by as of THE CITY PEN. /ff WITNESS my hand and official sea]. My commission expires: L) -(SEA ,-.v a" V U b Notary Public i;S-TATE--QP COLORADO o ss. COUNTY OF PITKIN The foregoing trurpent was ackn ed before n)A this day of kid 7_Me rlrlg as "fr(it o^ or,vk _11942,.+ _LA LA !n 0�^r o THE PEN INSTITUT�(formerly known as he Aspen Institute for Humanistic Studies). WITNESS my hand and official seal. My commission expires: (SEAL) Not Public' (Notarial Clause Continued on Page Following) 224 9'-;..*- j. F . 0 �C? 667 FIG 1313 STATE OF COLORADO SS. COUNTY OF PITKIN The foregoing instrume t was acknowledged before m this da y of /1 -1 19Q, by t'l rvx I rl as XfAN I'K" f CASP1@4 ENTERPRISES INTERNAT AL, INC., general partner for'SAVANAH P I IMI MITEID PARTNERSHIP, a District of Columbia limited partnership. WITNESS my hand and official seal. My commission expires: "(SEAL) LAA No 6y Public savanA\docs\nu11ific.01 667 824 $2. t1l.340942 -2 4 92 1.6 ec D o c: V I a Da A. An t C, er SPECIAL WARRANTY DEED SAVANAH LIMITED PARTNERSHIP, a District of Columbia limited partnership ("Grantor") whose address is 600 East Cooper Street, Aspen, Colorado 81611, for the consideration of Ten Dollars ($10. 00) , in hand paid, hereby sells and conveys to THE CITY OF ASPEN, a Colorado municipal corporation ("Grantee") whose address is 130 South Galena Street, Aspen, Colorado 81611, the following: Any and all water rights, ditch and ditch rights owned by Grantor and used in conjunction with the real property described in the attached Exhibit "All incorporated herein by reference including, but not limited to, the Grantor' s interest in and to the following specifically described water rights and ditches: A. The Si Johnson original construction water right originally decreed for 3 . 5 cfs (former Water District Priority No. 422) in Civil Action No. 3082 on August 25, 1936, Garfield County District Court with an appro- priation date of January 10, 1926; and B. The Si Johnson First Enlargement water rights decreed for 2 . 0 cfs (in former Water District Priority No. 435) in Civil Action No. 3082 on August 25, 1936, Garfield County District Court with an appropriation date of May 1, 1932 . Together with all appurtenances, and warrants the title thereto against all persons claiming under it, subject to and except for general taxes for 1991 and thereafter. RESERVING THEREFROM, the right of Grantor to make such ditch and structure modifications, realignments and other improvements as the Grantor deems advisable for the irrigation of the property described in Exhibit "A" , at Grantor's sole expense, provided such modifications or improvements do not impair or alter the historic tail ditch(es) associated with the above-described water rights. 4 SIGNED this day of�\kkv'L 1992 . SA AH LIMITED PARTNERSHIP, a District of Columbia limited part hip By: ASP N ENTE ISES INTERNA TI ALI NC. By 1:1:34o942 Rec $20. 00 B�.". 667 PG 825 Davis., I"'.itkin Crity CIerJ:-. , Doc $. f.)CI STATE OF of 13 0 ) te ) ss. COUNTY OF ► L1 t*A —) 4 L T1-- foregoing instrument wa ackn7,1edqec1 before me is IQ day of rl hL I I U AA_ 2 , by as 1.3 199 mar A 114 FA I^ AA oke. All. of ASPE11 ENT PRISES INTERNATIONAL, INC! , a general partndr of SAVANAH LIMITED PARTNERSHIP, a District of Columbia limited partnership. WITNESS my hand and official seal. My commission expires: "7 (SEAL) Notary Pu­biic 0258ADWD.01 2 Bl' 667 F.'G 826 #7 At.C)91- 1 4. 1:-,!'2 16. ".3 C) $ '_t). 0 J. I.--vi. 1.IS PA -L.1'-::i.ni Cie t y C.I eY'isx Dr c. T11C, 1,!,-(;Al, DESCRIPT10IN A tra.l Of 1',InL' l()C.ljed willjr porlion.,, of the North IC of S-CC6011 I-, and tilt Soul!) 1'r-, Stcllorl IV, South, Rrmpt P.5 V,,es, of jilt (,)III plinr Winn, I'llk-in Count)', St t -r 1pit Men b C7 C) Coi(Irnio Ocin" mole Imrlicuirtriv de-scribed rut folic-Mr: RvVill1lillp III tilt center rinrih 1/116 corner or ,nld stclion 1Z, F.Lich Or, (tic, or III,.- mp�n Me"Idowr, subdivWntl EXC.:Pli(in" and 3r(. 7 1 ln:Il Ftecl b'-"" Thrace Split lui)dis,islon and Czltlt N 84- 14' W� W, rdnng III: nnrth line or btll Dtnnc� Lot 0 �r -Is Red Butte Cemetery; Mienct Mong tilt SUbdiviglon, 797.62 feel I() Ille easterly line; of F boundary of said Red Butte CeIntlery, tilt following nine (9) wurstr: N 17 40- 1." E, 54.75 fret; ?) Tltcnce N 13' 01' 31" "A', 65-CK) feet; 3) Th-crict It 116 33' 10" 1, 96.62 feel,; 4) Thrn-.t N 1' 50* 20" E, 114-04 f-CC", Thvimc N 14' 30* 25' **A', 64.31 fret; Jlitnct N 4' 06' 301- Wo 2E6.13 let,; 7) 11-rict N 211' 2F' 50" W, 171.56 feet; -7- - F ) 2 fer-l' .omcc K 16* 21' 15 -, 30-5-F- -1 imnct N I' CZ 2W W, 2-21.3S feet; C" 1 10, Blnzk 13it'.Al 11 7 fect to III^ comt�r or _7 , s(lutilca F nlong t " m"ter]N. b,undRry of Geld Binct- Birch 7 nicr, it : following four (4) c0urs=--: IJ 2!", S4 CW" 'W, 199.72 fee',; 'T Mr)" Wr 15.61 fee': C3' 94.24 [cc'; fte,. to Ili-- =!r;!!:r nrlic-C 1, i%,er n i I J Conic Creel:; s ou,I I-mrt t r rmnroximnitiv 30,Dr i feel Mol - tit ctntt nt w' t1Ronrin- Fork Rive:, ftscrib-z"' by the followinF r,-v--ntccn "71t cours. is for 01c plim"Ist ol., ncrtngz cnic:-.-Jrltior� oni�, and is not intended for trm crmblirlimcnI of Nnund-l"- lirmn: Thenct S 40" 10' 1 126- 5 fee'; 1) -in e n c c S 646 1 F' 22-" E, 131.86 let!; 3 Thent:c S 92' 09' 52" E. 394-76 fee',; 4) Ilicnece S 5^' 54' 59' E, 92-622 fee ; 5) 7hence S 17' 30* 46" E, 203.65 fee:; 6) Thr-rict S 19' 45' OF" W, 250.14 fact; 7nnn::-- S IC'' 22' Mvl" W, I52.51 ftc.,; -1711mr.= S 44' -c 5" 01" E, 1 19.52 feet: 11i.mcc S R2' 30' 40" r-, 269.67 fc C-'; 1(1) Thence N 7G" 46' OR" E, 141.40 feel, -11itnct S 64' OF' I I" E, 120.42 feel; Tficncc S 51' 11' 12" C, 217.42 feet, 13) Micncc S 70' 55- 07- E, 23 S.7 I feet; 14) Mnencc S 35" 54' 3R" E, 162.80 fret: I S) 71irrme S 9^ 06' 17" W, 129.26 feet; 16) IlienCe S 41" 20' 27" E, 115.37 fret; boundary Iinc n�Lal 1A [cc.., in ri p(IIIII on III-, wer.lefly bound. 17) Mime S 76' 13' 4Z" F Second Aspen Compnz,, Subdivislon; - 2 CI 24--'9`2 16- 30 F;,'F:!c M.". 667 FG 827 4.4- c v:i j..v J-D i t.1.::j.ri C n t y C,1. D M0111, the werEctly Second Asper, Comp:�ny SubdiVinif"fl-, tilt following W 27' 03' E, 47 ►.0 ►. ftc',; 0 —helic � -, (It l" E. —3.9() fer.1 I(i pnint ilic rint-1h rl�111-01" I -, 1 10' 3� Avenul—, R69,13 feet to Gillerple Avenue, hcncc N Xq^ 5S* I N�, r1lonE lilt nnril) riF tilt �ycst jlpIIj-o(.wny of Sixth Sirct!: Thence ')Iotlp tilt west rig lit or c"tir-1 Sixth Sti-rel 'T'lienct rilong ocr F-, 199.71 fec, 10 T1 point iIonF tilt north or t,4orili Stmel; I gj- A,, 269.67 ruct; Thence S 14* 47' 30' the norlh of said North Strect 1,; "-" (N,1" 'A' along said 11 polm ()it tht ARpnn To%x"IrhIP ,lilt 5-6; TIIL'TlCC 3(1* (Y"' or tilt orlUlt-tril Mcndows A.-pc"T-y"Shill Unt, 4P.F,.W, feet to -, pc)lnt iron,- tile R11 MI;Tliclict n1ting Enid ens, right-Of-w-IN' of F,.Iid Ninclo"'r, RO,"d the following five (5) coursts.. N (r, 54' Ov" IVN', 400.71 Zl* 00" M , 6.72 feel,; 54' . W IS.7 f c ct; to -ir 71enct :tong the . of r, cunt raJiuc of feet, a ccntrni wilonc chnryJ hcnm rtr, nr-� lengtL of 209-4 Of r,, feet-, 711-rize, IN 7, 29' i E, 296.4 i feet; FW 14. 0:1- V", feet tcN the 'tort Point o, ritpitinin- rind coninining 54.536 :errs morc n, #340943 $35". 00 1'-*,*:' 667 F'_`G 82e V V D C!­-0-:v Cler , Doc: s. (-K) RAW WATER AGREEMENT ,0_1 THIS AGREEMENT, entered into this b day of— 1992 , by and between THE CITY OF ASPEN, COLORADO (hereinafter "the City") , party of the first part, and THE ASPEN INSTITUTE, INC. , and SAVANAH LIMITED PARTNERSHIP (hereinafter collectively referred to as "Meadows") , party of the second part; WITNESSETH: WHEREAS, on June 10, 1991, the City, through its Mayor and Council, adopted Ordinance No. 14 , Series of 1991 granting final approval for the Aspen Meadows Final Specially Planned Area which provided that certain water right historically used for the irriga- tion of the Meadows area be conveyed to the City which would con- currently enter into a Raw Water Agreement for the continued irri- gation of the Meadows property; and WHEREAS, the Aspen Institute, Inc. and Savanah Limited Partnership duly executed a Special Warranty Deed on 1 1991, Reception No. in Book at Pages Pitkin County, Colorado, conveying certain water rights pursuant to Ordinance No. 14 , Series of 1991 (hereinafter "Meadows Deed") ; and WHEREAS, by this Agreement the parties wish to provide for the continued irrigation of the Meadows Property upon the terms and conditions expressed herein. NOW, THEREFORE, for and in consideration of the premises, mutual promises and covenants herein contained, the City and Meadows agree as follows: 1. This Raw Water Agreement shall continue in effect for a period of fifty (50) years with a right to renew for an additional fifty (50) years from the day and year first above written. Upon termination of the aforementioned fifty (50) year period, this Raw Water Agreement shall be renewed upon the same terms and conditions. The original term and any additional terns shall be subject to changes in the City Ordinances, relating to raw water supply, which are generally applicable to the public which do not materially impair or burden the provision of water hereunder after full notice and opportunity to be heard; provided however that the $100 fee under paragraph 2A shall not be increased by more than 25% every five years; and provided further that the lease shall not be subordinate to the use of water to the emergency needs of the City, for minimum stream flows, hydroloelectric power, or municipal purposes. This Agreement allows only the use of untreated raw water owned by the City and conveyed by various ditches. No right to use treated water carried in the City' s domestic water distribution system is granted in whole or in part under this Raw Water Agreement. 1 A 16. 3 0 7 5 C's 13 V` 667 PG 829 i n C'n-1-y 1._?Y"• D{7 C(D 2 . Meadows shall pay to the City an annual charge for water provided by the City under this Raw Water Agreement. Said annual charge shall be paid on or before April 1st of each year but, in any event, shall be made before the delivery of any water by the City pursuant to this Agreement. Said annual charge shall be as follows: A. Meadows shall make an annual lease payment of one hundred and No/100 Dollars ($100. 00) . B. Except as described in paragraph 5, below, Meadows shall pay a proportionate share of all ditch costs assessed to the City or any other costs, charges or expenses occa- sioned by the Meadows' use of any structure by reason of the City' s ownership of the following decreed water rights: 1) The Si Johnson Ditch original construction water right decreed for 3 . 5 cfs on August 25, 1936, in C.A. No. 3082 , Garfield County Dis- trict Court, with an appropriation date of January 10, 1926. 2) The Si Johnson Ditch First Enlargement water right decreed for 2 . 0 cfs on August 25, 1936, in C.A. No. 3082 , Garfield County District Court, with an appropriation date of May 1, 1932 . 3) The City may, in its sole discretion, substi- tute other sources of raw water supply for lawn, garden and landscaping irrigation pro- vided said water is delivered without any increase in the annual rental under paragraph 2 .b and provided such substitution does not diminish the quantity or quality of water delivered to Meadows hereunder. The City may also, in its sole discretion, change the above-described water rights in an appropriate court proceeding. Meadows shall cooperate with the City in any such proceeding, at no cost to Meadows, and the City may claim total credit for all historic consumptive use under the above-described water rights in any such proceeding; provided however, any such change proceeding shall not be structured as to impair or defeat the terms of this Agreement. 3 . It is agreed that for purposes of this Raw Water Agreement and any renewals hereof, it shall be assumed that Meadows shall utilize the water for the continued irrigation of the Meadows property during each irrigation year and absent written notification to the contrary given to the City no later than fifteen (15) days prior to any annual payment due date. 2 G 830 5 BI-- 667 F "#7_'4'94 3 C)1./2 4. 9'2 1.6-. 3 C 0 C Doc: 4 . Meadows shall, at its expense and in a manner sufficient to maintain the water right, utilize the water delivered for the purposes permitted and perform all acts necessary to accom- plish the irrigation of said property. It being expressly agreed that the City' s obligation and expense shall terminate upon delivery of the water at the Meadows property boundary. 5. The City shall not be liable for the failure to deliver water by reason of Si Johnson Ditch structure breakdown or other structure conditions which prevent or curtail delivery, which conditions are not within the control of the City. To this end, the City agrees that it shall cause all other users of the Si Johnson Ditch structure which are licensed or otherwise permitted to use the City' s interest in the Si Johnson Ditch and water rights, to exclusively bear all costs required to enlarge or modify the ditch structure to carry water owned by the City and leased to those third parties carried within the ditch. The City shall maintain and operate the Si Johnson Ditch structure in a reasonable and prudent manner which shall be consistent with any common law and statutory requirements for ditch operation and maintenance. The City shall maintain and defend such rights against injury, claim of entitlement or abandonment to permit the exercise of this Lease. 6. The use by Meadows of irrigation water delivered under this Raw Water Agreement shall be limited to the traditional uses to which water has historically been applied with the water rights described in Paragraph 2 , above. Meadows shall not use the water provided under this Raw Water Agreement for any purpose other than landscape features, ponds and the irriga- tion of the meadow, lawns, shrubs, trees and green space contained in the Meadows property described on Exhibit A, attached to this Agreement, and incorporated herein by reference. 7 . Upon full payment as provided for in Paragraph 2 hereof, the City shall deliver to Meadows at the headgate of the Si Johnson Ditch a quantity of water necessary to reasonably accomplish, without waste, the irrigation of fifteen (15) acres within the property described in Exhibit A, hereto, together with ditch transit losses to the Meadows property boundary, but in no event shall said quantity be less nor more than the quantity of water described in the Meadows Deed (or the historic ditch capacities, until such are enlarged pursuant to paragraph 5, above) . The City agrees to deliver irrigation water during the historic irrigation season at all times that the Si Johnson Ditch Priorities for the use of water described in paragraph 2B 1) and 2) , above are in priority and legally divertable under the laws of the State of Colorado. 8 . This Raw Water Agreement, as supplemented by the terms of Ordinance No. 141 Series 1991, supersedes and controls all prior written and oral agreements and representations of the parties relating to these matters and shall constitute the 3 ;92 1.6-, 30 61 e(.-.,. $735. 00 Br* 667 PG 831 j. P i 4 F-, Cn e r',I< , D o(---- $- total integrated agreement among the parties relating to these matters. 9 . Except as expressly provided for herein, to the contrary, this Raw Water Agreement may not be amended except by subsequent written agreement of the parties. 10 . By executing this Raw Water Agreement, the parties acknowledge and represent to one another that all procedures necessary to validly contract and execute this Raw Water Agreement have been performed and that the persons signing for each party have been duly authorized to do so. 11. This Raw Water Agreement shall not be transferred, assigned, or in any way conveyed to a third party by the party of the second part without the prior written consent of the City. IN WITNESS WHEREOF, we have set our hand and official seals the day and year first above written at Aspen, Colorado. THE CITY OF ASPEN, COLORADO, Attest: a Municipal corporation Ut, Kathryn S. Koch J'Ghf-d Be-p�) ma7t�r-- 7 I City Clerk / APPROVED AS TO FORM: Jed Caswall, Esq. , City Attorney John D. Musick, Jr. , Esq. Special Water Counsel THE ASPEN INSTITUTE, INC. Attest: rh- By Secretary ,9AVANAH IMITED P TNE4SHI As Ic t , INC , &I's 4 34094:---5 (- 1/24/92 16,- 3(. Bi- 667 PG 832 Davis. Pitl<ir, C 1.e 1^ Do c: STATE OF COLORADO SS. COUNTY OF 1 4 L I/) Th-iR foregoing instrument was kckn be o e me this dW of 19 by /1,,l as /—v i de d r r as secretary of the Aspeb Institute, Inc. Witness my hand and official seal. My commission expires:7 -/1) Not'%ry- P bYic STATE OF COLORADO Ss . COUNTY OF PITKIN L Tre'\foregoing instrument was acknowledged before me thisae day ot 1992, by -Tq&iAR QFaRj Lqtk as o f the City of pen, 00 lorado-. A I. irvon v- Witness my hand and officia set My commission expires: N&fhrrPLWplic STATE OF Q� Ialrclv SS. COUNTY OF _k1l\ Thforegoing instrument was acknowlQA4yed before me this day of 1992 , by ()mj, Cn p as a# of Savanah Limited Partnershilp. Witness my hand and official seal . My commission expires: ,) li Noa`ry Pi 1 0258ADAG.02 5 4. tf-34017-143 C-I J./2 r 4 : 1.6 1. :: 667 F-c-i e33 5 i 4- C -I- s. c)(*) 1_11-GAI, DI,SCRIVTMN A Nrlinn., of jj)t NOttjj 11, of S°,-�kori 1'. rind tilt South l Section nr I -in a-lurfly, "thit Of 10, South, Rn;)Pt F,5 V,'C:-,l of IN 6111 ['11 1pit Mrridinn, 1%11� (rein; mote pridicuinrIv described rue rollova:: ,/,(I Corner or -nId rjr-�jjillllip fit tilt center tiorih EJc-,crllnd w FA1.1h or, Ilic. Nieptinvvs SubdivI&Inn r--Xc-r 7 -pli(iii" tend LI beinr r, I'nurld In Pinct 3rc. ', I If"' fhrnrr N J;41' 14' W' W, ninng the north line of Bcn IDerinc Lot Split Subjk,jslon and r ; Mmnct, nionp. tilt ,terly lint of Red Butte Ccnitict-3 Crr�vl: SVhdiV1AI()n, 797-6.2 Ittl tC) the e--V C.1gleliv b-,iundnry of said Red Butte (,'.;ernticry, file following nine (9) courses: 1) N 17 40- 1." E, 54,75 ftc:l; -1) Til c n c c 14 11* 01' 35" 'W, 65-M) feet; 3) Thcnct IN' 11* 33' 10" E, 96.62 feet; 4) Tritnct N " 50* 2C" E, 114.04 acct; Thcricc N 14' 30' 25' W, 04.31 feet; raj lllrnee N 4' [is, 30. w I 2E6.13 fete; 7) N 2F' 1-10' W, 171.56 feet; nee K 16^ 21' 15" feet; E, 30d.r- n; Then x N I' CZ* 20" NN't 33-3S fee',; N FX' E, 39-2.52 [cc", 3F.99 nch 5if�:h Teti corner or Lot W, R1. 11!'n C N 7 0 C,* I P" 'W to I,, rollowing (out (4) u n1orig 111t, er,^,lerly b,)undllrl' of r-•lld 1311'1ck tilt I I =4' W` NVI 199.72 feet; Dicnzc I� I 'T W" V 119.61 fee'; I ncrcc N 1 17' VZ' W" E, 94.24 fee'; Rive., not Cwmit Creek; III- c, o� nic Lonrin- TorL Rive', Iwn= sou'llerotch... npproximnttiv 30-) feel M011�' C7 * -1 umt�s for fill- PITMI.IS11 Of P.CrCrig: ir:illy ftscribc-c' by tilt f owinU co oni), nrl(? Is not int--nd--d for tht r-rinblirlimznt or bnundn"- Iirmn: I Thence S 4 V IC' I E, ...6.3. fec', 7hence S 64* 1 F:' 32' 131.86 let!; 1) Thence 5 82" 09' S2" E, 394.76 fee,,; 4) 'Mcncc. S 5^" 54' 59" E, 92.62 fee ; .5) 7hence S 1'7* 30' 46" E, 2(13.65 ice:; 6) 71it-ricc S 19' 15' OF" W, 250.14 feet; 7nrn::c S 1C' ZZ, NU, W, 152.51 [cc,; 711 c r.c t S 44' 55' 01' E, 1 19.52 feet: Thence S F Z' 311' W E, 2619.67 feet; I o) Thence N 76' 40' OP" E, 141.4(1 feet; 711mnct S 64' OF' 110 E, 120.4 feet; Tficncc S 51' 11' 121 2 1 7.4 feet; 13) Micncc S 70' 55* 07" c�, A239.71 feel; 14) 7-nence S 35" 54' 39- Ef 162.80 feet; 15) 711rilce S 9' OW 17' M', 129.26 feet; 16) 11imcc S 41' 26' 27" E, 115.37 feet;ton p(IIIII (in file h(wrldni-v Him nr Lot 1A 17) 'Thence S 76" 13' 47' T- -12.93 fee-1 Second Asptn rCompanN ubdivision; 3 667 PCj 834 Thril'ut Mon"V the westerly houndnry of Second Aspen Company Stibdivi-inn, the following 0 27' 00' E fret; r1glit-of-wrly of G111C.Spit Thence pnin! n1on, C N X9, j S' 1-" W rloq the nw1h riFll-of-wr.l of :.rid Gillcrple. Avenue, A69.13 feel to tltc I west right-o(-u,ny of Sixth Strtt!-, Thtnct -flonp the or r"Ild, Sixth Sti-tel tir Nor-11i Stmel; Tlienct n1olig 9).71 feet to ri point nlonF lilt north ri.. gj- --161,1.67 feet; Thence 5 14' 47' 30" tlu north righl-of-ws�' Of N-Ild Strccl N 'Z' ( V 1 11!;Illp nlctn� said 1),66 rerl to n polni on (Ii-. ARprn Tmx Thcnuc N 6'.' 30' (YX W . (ir lilt or)UlnnI Merldows Point nion- Ilic t . Aspcn To-I'ShiP tJn-,, 4U M) fccl 10 Po 4�1 1"Indtlwr, Rond lilt following five (5) courses: Ro;id;Thclice Mon" knid. r-n,,,, of s.-lid N (r, 54' (m- W, 400.71 ft.c'; —1 hm-ce N 61" 21' 00' W, 6.7,2 fc-c,; -!relict N C* 54, O'l. W 1 15.1.2 feet; r.ldills tIr j4(j',Ij)9 fec,,, a ctntral 'nicncr- along the arc or r. curve to lilt- d9l", I utf, and "'hose: Chord b—im .ingit: for nr, nr, lengli'. ()r 2CI9.4(' f -nzt N 39' E, 296,47 rct'*, feet to uir -I nit Point rstpitininr and cc)ninining S4.536 ,wrr� more n, #3 . , 14 C!1/^4/q 16: 31 Rec S5. iii_, '' Si 1 vi a Davis Dk:: 66i PG 835 Pitk:in Cnty Clerk: , Doc BARGAIN AND SALE DEED SAVANAH LIAUTED PARTNERSHIP, a District of Columbia limited partnership, Grantor, whose address is 600 East Cooper Street, Aspen, Colorado 81611, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, hereby bargains and sells to THE ASPEN INSTITUTE wose address is 1000 North 3rd Street, Aspen, Colorado 81611, any right, title or interest that it may have in the following real property in the County of Pitkin and State of Colorado, to wit (the "Property"): Lot 1, The Aspen Meadows Subdivision, according to the Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat recorded in Book -�S at Page - of the Pitkin County, Colorado real property records. L Signed this day of t f--vw 1992, i SAV AH LEVIITED PARTNERSHIP, a j District of Columbia limited partnership By: ASPEN ENTERPRISES qI O , INC. v `—� � STATE OF ��� ) SS. COUNTY OF L C. ) � L The foregoing instru�r ent was acknowledged before r this da of , 1992,by r Ay")✓� as �C f AS N ENTERPRISES INTERNATIONAL, INC., a general partner of SAVANAH LEVIITED PARTNERSHIP, a District of Columbia limited partnership. WITNESS my hand and official seal. My commission expires: 7 f?r 3 1 (SEAL) Nofary Public 7AM I II K;M&KNEZEVICH PC -- Third flix)r.."n Plaza Building 533 East llopkiro savanahldeeds\institut.b3 s Apes Colorado 8161 1 I #3 E 4 C)1/24/92) 16. 31 Rec `t,5. 00 7 Davis , Pitkin C Elk:: 6$. F) B35 nt 1 C1 erl<: , Doc �. t-1i� BARGAIN AND SALE DEED SAVANAH LIMITED PARTNERSHIP, a District of Columbia limited partnership, Grantor, whose address is 600 East Cooper Street, Aspen, Colorado 81611, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, hereby bargains and sells to THE ASPEN INSTITUTE WMse address is 1000 North 3rd Street, Aspen, Colorado 81611, any right, title or interest that it may have in the following real property in the County of Pitkin and State of Colorado, to wit (the "Property"): Lot 1, The Aspen Meadows Subdivision, according to the Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat recorded in Book �9 at Page '5- of the Pitkin County, Colorado real pro erty records. �L Signed this 13 day of l vk 1993., 1 SAV AH LIMITED PARTNERSHIP, a I j District of Columbia limited partnership By: ASPEN ENTERPRISES T IO INC. v -vJ- Fmk-T STATE OF LrJh, ) ss. COUNTY OF I The foregoing instru ent was acknowledged before yp this day of w+n► , 1992,by ),n as k 1 t tAl f AS N ENTERPRISES INTERNA IONAL, INC., a general p�irtner of SAVANAH LEMTED PARTNERSHIP, a District of Columbia limited partnership. WITNESS my hand and official seal. My commission expires: (SEAL) No Public .)A7FS III Y:tiES 6►;NE7EVI(]I PC Mird Fluor.."Pcn Plaza Building savanah\deeds\institut.b&s 533 Eia Ilopluns Aspen,Colorado 81611 I i #340945 c"11./ '�t/92 1.6:31 Fter_ t;�t5. <_l i� F=tF: 667 PG e36 C c,-t_ Clerk , D a c )a BARGAIN AND SALE DEED SNC THE ASPEN INSTITUTE,Aa Bistzitt=f Colorado corporation (formerly known as The Aspen Institute for Humanistic Studies), Grantor, whose address is 1000 North 3rd Street, Aspen, Colorado 81611, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, hereby bargains and sells to THE MUSIC ASSOCIATES OF ASPEN, INC. whose address is 2 Music School Road, Aspen, Colorado 81611, any right, title or interest that it may have in the following real property in the County of Pitkin and State of Colorado, to wit (the "Property"): Lot 2, The Aspen Meadows Subdivision, according to the Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat recorded in Book at Page 6 of the Pitkin County, Colorado real proTerty records. / 1 Signed this b day o \ Grwa P1902 Subject to attached Conveyanc Agr _ ment. THE ASPEN INSTITUTE, a Colorado corporation (formerly known as The Aspen Institute for Humanistic Studies) By: STATE OF � ly rot�0 ) l ) ss. COUNTY OF , 1 1 ) IL The fore i g in trument was ackno ]edged bef� met is day of �TIHIEASPEN 199 ,by ► ' as INSTITUTE, a""Colorado c rporation (formerly known as The Aspen Institute for Humanistic Studies). WITNESS my hand and official peal. My commission expires:7. / q i (SEAL) Notary Public m1,1119.111.36 KNE4:VIC711'C_ o.l I,..''A�Iurn Plua UuBdh'8 savanah\dccds\musicass.b.&s ii i lia 111opkim A,pcu,Colormlo 81611 #340946 01/2A/172 16: 3`2 Reek- 11:5. C.0 Itt: 667 PG 845 Sil.vizi Davis , Pii_tci.n Cri-bf, Cller'k: , Doc- $-. 60 BARGAIN AND SALE DEED SAVANAH LIMITED PARTNERSHIP, a District of Columbia limited partnership, Grantor, whose address is 600 East Cooper Street, Suite #200, Aspen, Colorado 81611, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, hereby bargains and sells to THE MUSIC ASSOCIATES OF ASPEN, INC. whose address is 2 Music School Road, Aspen, Colorado 81611, any right, title or interest that it may have in the following real property in the County of Pitkin and State of Colorado, to wit (the "Property"): Lot 2, The Aspen Meadows Subdivision, according to the Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat recorded in Book ; 8 at Page _5 of the Pitkin County, Colorado real(property reco ds. Signed this day of CANV 199 SAVANAII LIMITED PARTNERSHIP, a Cp 4 Ors District of Columbia limited partnership By : � ASPEN B TERPRISES INT RNATIO I C By: S 4. 0jr AUA J IN• STATE OF �D�Gk'cr cic ) SS. COUNTY OF r /�/ ) The foZV!,instrumeq was acknowledged before m this 0_4A___day of , 1992, as of SAVA II LIMITED PARTNERSIIP, a District of Columbia limitedW rtnership. WITNESS my hand and official seal. _ My commission expires: ft-NL) otary Public ll I ',I110.:I IIS&KN",131 1'.C. .ird 1­r,r,Aspen 1'lazi•u6118e ravmahldeeda\muaiessa.b&e 511 Easl Ilopldw••• A+pen,Colorado 41611 ' , co /wzF/iii::_' 667 F-'G 846 Silvia Davis,, F='itkin Crity Clerk , Doc ;;, iiri BARGAIN AND SALE DEED lac. THE ASPEN INSTITUTE,^a Colorado corporation (formerly known as The Aspen Institute for Humanistic Studies), Grantor, whose address is 1000 North 3rd Street, Aspen, Colorado 81611, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, hereby bargains and sells to THE ASPEN CENTER FOR PIIYSICS whose address is 700 West Gillespie, Aspen, Colorado 81611, any right, title or interest that it may have in the following real property in the County of Pitkin and State of Colorado, to wit (the "Property"): Lot 3, The Aspen Meadows Subdivision, according to the Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat recorded in Book -,q� at Page of the Pitkin County, Colorado real property records. Signed this day of l k" , 19CR Subject to attached Conveyan Ag e ment. 351r. THE ASPEN INSTITUTE,n a Colorado corporation (formerly known as The Aspen Institute for Humanistic Studies) By: STATE OF ss. COUNTY OF ► lu) ) •� l The foreg g in rument w s ackro�'ledged be19�T me his day of 1 , 1991,by ��� l. � v h !� as red of TIIE SPEN INSTITUTEra Colorado co poration (formerly known as The Aspen ' Institute for Humanistic Studies). WITNESS my hand and official seal. My commission expires: � � 3 (§EAL) No ry Public Ii•S,IItUIESK KNEZM- 0I PC uird 1—r,As,Kn I'lara Building savanah\deeds\physics.b&s 533 EAU Ilopkins ._ Aspcn,Colorado 81611 667 851 . 71 Rec - PG fl;346448 C'Ier-k , Doc i.v i a D zx v'i.E- P i t.1:A r-I C I BARGAIN AND SALE DEED SAVANAH LIMITED PARTNERSHIP, a District of Columbia limited partnership, Grantor, whose address is 600 East Cooper Street, Aspen, Colorado 81611, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, hereby bargains and sells to THE ASPEN CENTER FOR PHYSICS whose address is 700 West Gillespie, Aspen, Colorado 81611, any right, title or interest that it may have in the following real property in the County of Pitkin and State of Colorado, to wit (the "Property"): Lot 3, The Aspen Meadows Subdivision, according to the Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat recorded in Book � at Page � of the Pitkin County, Colorado real property records. Excepting from the Property and Reserving unto Grantor its grantees, successors and assigns temporary and provisional floating easements over, upon and across those portions of the Property reasonably necessary therefor or incidental thereto (a) to enable Grantor to perform such of the obligations as on its part are to be performed under the Development and Subdivision Agreement "The Aspen Meadows" Specially Planned Area recorded in Book at Pages _, et seq. of the Pitkin County records (the "Development Agreement"), and (b) for landscape material staging in connection with the development as contemplated in and by the Development Agreement. The nature of these reserved easements is such that they shall be limited to those portions of the Property to the south of the extended Gillespie Street, shall terminate automatically upon the fulfillment of these purposes, and shall result in the least disruption to the use, enjoyment of and activities conducted upon the balance of the Property as is practical in the circumstances. L Signed this day of arw 1992. SAVA All LIMITED PARTNERSHIP, a District of Columbia limited partnership By : ASPEN ENTERPRISES C) - A A�)FIO INC. By- ;A 11-N I It KJILS&KNEWN101 PC hird How,AsIxii Plaza Building A-,I......Col—,,1.,8 1611 1-�- `r 7t 533 East 11,,pkins (Notarial Cla eon P e Ow, :1134094E) 1.6- 33 F�ec-: F*--. `667 F'G 852 D"ItY Doc: $-. 00 STATE OF �Orj'o_ SS. COUNTY OFV t q LI The foregoing instru t was acknowledged before e this day f S SA ',D PAR RSI 1P. p 19ql,by r tA as!gry\tl�' • A'y A AH LIMITED PARTNERSI IP, a District of Columbia limitkd partnership by AS N ENTERPRISES INTERNATIONAL, INC. WITNESS my hand and official seal. My commission expires: c$EAL) Notary Public ah\decds\physica2.b&s ii li li #3409�4q r?1/ti4/9^ 1;,; 33 �,. Rec $35. citi Dk: 667 PG 853 Silvia Davis, Pit[.--.in Cnty Clerl< , Doc SHARED FACILITY AGREEMENT This Agreement is made and entered into the _a day of �Nu 199;. by and between the ASPEN INSTITUTE, INC . , a Colorado non-profit corporation (the "Institute" ) , the MUSIC ASSOCIATES OF ASPEN, INC . , a Colorado non-profit corporation ("MAA") , and the ASPEN CENTER FOR PHYSICS , INC . , a Colorado non-profit corporation ( "Physics" ) . RECITALS 1 . Each of the parties hereto owns and operates various facilities , and may in the future construct additional facil- ities , which have been and will be utilized for meetings , confer- ences , assemblies and/or performances . 2 . Such facilities are located within an area known as the Aspen Meadows , in the City of Aspen, Colorado. 3 . it is the intent of the parties to set forth in this Acreement.. the tertrs and conditions under which each party, will make its facilities available for use by the others and to address other issues of common interest and concern regarding the operation of their facilities at the Aspen Meadows . NOW, THEREFORE, in consideration of the mutual promises and obligations as set forth herein, the parties agree as follows : A. Shared Use of Facilities . E< cept with respect to those facilities excluded below, each party herebv agrees to make its meeting, conference , assembly and/or performance facilities available for use by the others on a first-come , F=irst-serve basis , if the requested facility, or portion thereof, is not reserved or committed to other use at the time requested. The availability of the facility on the date and time requested shall be determined by the owner thereof (or the owner ' s operator) , in the owner ' s sole discretion. Use of facilities shall be subject to the following conditions : 1 . E::clusior_s . This Agreement for shared use of facilities shall not apply to Boettcher Hall , or to the hotel , dining room, health club, parking structure and tennis facilities owned by the Institute. Nevertheless , the Institute agrees that hotel rooms will be made available to MAA and Physics for their programs at rates commensurate with the non-profit status of 114AA and Physics and on a space available basis . 2 . Written Recruest. All requests for the use of a facility, Anderson Park or the Marble Garden shall be in writing and executed by the authorized representative cf the requesting party and shall cet forth therein tl�e date cr Gates and tires of Si 1 vi a Davi 16: .;3 s.35. 00 EJt:... 667 F'C 854 F'i tk:i n Cnty C7 e�.E.. 9 Doc $. C)c; usage , a description of the activity to take place , an estimate of the number of persons expected to utilize the facility, and such other information as may be useful to the owner of the facility in determining the availability thereof. The written request shall be submitted to the owner of the facility as far in advance of the contemplated use as is reasonably possible. 3 . Cost Associated With Use . The facility itself shall be made available without charge . However, any and all expenses incurred in connection with the activity to be conducted therein shall be the sole responsibility of the party using the facility. In addition, the party using the facility shall reimburse the owner for the cost incurred by the owner in supply- ing a representative to oversee and supervise the usage, should the owner so choose . 4 . Damage and Cleaning. The party using a facility hereunder shall be responsible to repair or pay for the repair of any and all damage to the facility being utilized which may occur as a result of such utilization . In addition, the party utiliz- ing the facility shall be responsible for any cleaning that may be required in order to return the facility to the owner in as good a condition as when the use began, immediately following completion of usage . In the event the party using a facility should repeatedly fail to clean or repair the facility in a satisfactory manner , after being provided with notice of unsatis- factory performance , such failure shall constitute grounds for default hereunder and termination of the right to use such facility. 5 . Indemnification . The party utilizing a facility shall indemnify, defend and hold the owner thereof harmless with respect to any claim, injury, damage, or expense, including reasonable attorneys ' fees , which may be asserted against or incurred by said owner, unless the claim, injury, damage or expense is the result of the negligence or intentional act of the owner or its agents , representatives or employees . 6 . Insurance . The owner of each facility shall maintain a policy of liability insurance which covers the occa- sional use of such facilities pursuant to this Agreement. 7 . Term . The foregoing agreement regarding shared use of facilities shall commence on 4, DAy OF TA- v!�)( 1991„ and shall continue for a period of ten (10) years thereafter. The term shall automatically be extended for successive ten (1.0) year terms unless a notice of termination is provided, in writing, by one or more of the parties to the others , on or before the one hundred eightieth (180th) day prior to the e::piration of the then current term. B . Recinrccal Access Easements . The parties herebv declare that all pedestrian walkways c.rhich now e::ist or may hereafter be constructed and maintained upon property owned by 26/DD9 -2- #340049 01/ _4/9 16: 33 Rec $35. 00 ELF:: 667 PG 655 Silvia Davis , Pitkin Cnt;• Cl_rl:: , Doc $. V(-) each party are , and shall be , open and available for use, for the purpose of ingress and egress , by the members of each party and their respective patrons , guests , and employees . The foregoing reciprocal easements are intended to and shall run with the land burdened and benefitted thereb17 . Note..*ithstandina the foregoing, MAA and Physics patrons shall not have the right to use the parking spaces and driveways adjacent to the Institute chalets or the Institute ' s restaurant and health club facilities , nor shall parking for music patrons be allowed anywhere along Meadows Road. Furthermore , the parties acknowledge that it may be necessary to close pedestrian walkways and driveways as a result of the security or safety requirements associated with special events . C . Irrigation. Water Rights and Ditch Maintenance . Pursu- ant to the provisions of paragraph 12 , Section 2 of the City of Aspen Ordinance No. 14 , Series of 1991 , the Institute has agreed to convey all of their right, title and interest in and to the Si Johnson Ditch and the water rights appurtenant thereto to the City of Aspen. In exchange , the City has agreed to lease back raw water from those sources for irrigation use within the Aspen Meadows in an amount equal to that amount of water reasonably necessary for the efficient irrigation of the lands historically irrigated . The parties agree to allocate such raw water between them on a basis which will assure that landscaped areas and irrigated open space receive an amount of irrigation water which is adequate for the proper maintenance of such areas , irrespec- tive of the ownership thereof. Each party shall , however, be responsible for the proper and necessary maintenance and repair of irrigation ditches located within the boundary of their respective properties . If any party fails to properly maintain and repair the irrigation ditches for which they are responsible , any other party may undertake such necessary maintenance and repair , following reasonable notice of their intent to do so to the party responsible for maintenance, and shall be entitled to charge the party responsible for maintenance for the reasonable costs incurred. The parties agree that a more detailed agreement dealing with allocation and use of water rights will be required in order to accomplish the objectives set forth above . The parties agree to enter into good faith discussions as soon as is practicable in order to accomplish that objective . D . Grounds Maintenance. In conjunction with the dis- cussions regarding a detailed irrigation water rights agreement, as contemplated in paragraph C, above, the parties shall also give consideration to the merits of a coordinated grounds mainte- nance program to be administered by one of the parties or, pursu- ant to the joint agreement with an independent contractor. The parties acknowledge that the grounds of each should be maintained in a manner and to a level consistent with historic use and that there may be advantages in a coordinated program. If a coor- dinated program cannot he achieved, each party agrees to continue to maintain their own grounds , at their own expense , in at least as good a condition as is now the case . 26/DD9 -3- # 340949 01/24/92 16: 33 Rec $35- 00 Bl;:: `667 PG 856 Silvia Davis , Pitk:in Cnty Cler-l:: , Doc $. 00; E . Miscellaneous Provisions . 1 . Status and Authority . Each of the signatories hereto has the right, legal capacity and authority to enter into this Agreement on behalf of their respective organizations , and such organizations have the right, legal capacity and authority to enter into and perform its obligations under this Agreement and the documents to be executed and delivered pursuant hereto. 2 . Non-Disturbance . Nothing herein shall confer upon any party any right in and to the properties of the other parties , except as specifically set forth herein. No party shall take or authorize any action which would interfere with or disturb another party in the use and enjoyment of that party' s properties at the Aspen Meadows . 3 . Entire Agreement . This Agreement constitutes the entire agreement between the parties hereto and supersedes all prior and contemporaneous agreements , representations and understandings of the parties regarding the subject matter of this Agreement. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by the parties hereto. 4 . Counterparts . This Agreement may be executed in one or more counterparts , each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5 . Binding Effect/Assignment . This Agreement shall be binding on and shall inure to the benefit of the parties to it and their respective successors and assigns . Neither party may assign its interest or obligations pursuant to this Agreement without the prior written consent of the other party, which consent may be withheld for any reason. 6 . Notices . All notices or other communications under this Agreement shall be in writing and shall be deemed to have been duly given when personally delivered, or on the third day after mailing if mailed registered or certified mail, postage prepaid and properly addressed as follows: To the Institute at: Aspen Institute, Inc . Administrative Offices Wye Center P. 0. Box 222 Queenstown, MD 21658 To MAA at : Music Associates of Aspen, Inc . 2 Music School Road Aspen, CO 81611 To Physics at: 700 wfST & iL L65fr4 ST PO 50-L 1204 26/DD9 -4- Q 4*� Loy 001611 Jl I V 1 a 1 6: 3. ; Rec `$35 Davis, F'z t►.::i n CntY C1 er I.;; Do 667 Fr 857 . 7 . Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. E:,ecuted by each party on the date set forth below each signature . ASPEN NSTITUTE, By: Title: Date: - -",k 0 MUSIC ASSOCIATES OF ASPEN, INC . By: > Tit 1 e Date: By: /1 Title Date : ASPEN CENTER FOR PHYSICS , INC . By: Title : V j- Date: �'�N '2- Y12 26/DD9 -5- I#340951 COu -,__M/92 16. 3A F'ec 1:1`;. 00 BF,, 667 PG E161 Vi a D ok%..,,i s:i Piti.:.in Cr 0-_-.y (_.'1er1.:: , I)c)c $ 0c°; BARGAIN AND SALE DEED THE ASPEN INSTITUTE, a Colorado corporation (formerly known as The Aspen Institute for Humanistic Studies) , whose address is 1000 North 3rd Street, Aspen, Colorado 81611, for TEN DOLLARS ($10. 00) and other good and valuable consideration in hand paid, hereby bargains and sells to H & C MARQUSEE, INC. , TRUSTEE ("Grantee") , whose address is c/o Garfield & Hecht, P.C. , 601 East Hyman Avenue, Aspen, Colorado 81611, any right, title or interest that it may have in the following real property in the County of Pitkin, State of Colorado, to wit (the "Property") : Outlot B, The Aspen Meadows Subdivision, according to the Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat - 3 of the recorded in Book � at Page Pitkin County, Colorado, real property records. PROVIDED THAT the portion of the Property delineated as B-1 on Exhibit A attached hereto and made a part hereof will not be uti- lized for any purposes except landscaping (limited to vegetation and irrigation systems) and will at no time contain, have con- structed or maintained on or be developed with any structure what- soever, this restriction being a covenant that burdens and runs with the Property binding upon the owner(s) at anytime thereof for the benefit of, and shall be specifically enforceable by the owner(s) and any of them, at any time, of property or interests therein, within the Aspen Meadows Subdivision. By its signature below, the Grantee, for itself, its successors, grantees and assigns, acknowledges and agrees to abide the foregoing restriction. SIGNED this day of January, 1992 . ACCEPTED: H & C MARQUSEE, INC. , TRUSTEE THE ASPEN INSTITUTE INC \\C�b 1 By Andrew V. Hecht, its attorney-in-fact 1/92 16: 34 Davi Pitk.­) cl, 66' $15. oo 7"PG 862 C'1 L�!r 1 I? )__ $. (J.(. ..) STATE OF COLORADO ss COUNTY OF PITKIN The f oreg ing Bargain and Sale Deed was jacknowl d d anua b 9% /,,, before me this 3,rl day of v /ry,_jl992 y 74!4 as I �'Uf IC4 1 A t of THE ASPEN INSTITUTEsp- WITNESS my hand and official seal. My commission expires: NotAr y v Public c STATE OF COLORADO ) ss. COUNTY OF PITKIN ) .. The foregoing Bargain and Sale Deed was acknowledged .)I­ before nie_A/his ,"' "�- day of January, 1992 by ANDREW V. HECHT, as J�#Jpi 4•fact for H & C MARQUSEE, INC. , TRUSTEE. 1,T ESS my hand and official seal . %)0,; ycommission expires: Not ry Publr&' c:\avh\re\marqusee.bsd -2- C, _iE) UJ U T::-j L r—7 Tt rn LOT I 0 THE ASPEN MEADOWS 1E cn FINAL S.P.A./SUBDIVISION PLAT 0;o LOT 7 7 R.0-W. 40 i6"E LOT 8 0 ol Z 6 Oq, , I - 0 444004, 0 ;>6. 1 Ln 3393 S.F. /V s 6Sc 3 LOT 9 00" 6$o v 0O zi�s�, 40 0 40 z .6,9' -C, co INV 0 co 14,007 o 7 LD 7153 S.F.,' , LOT 10 N 75 00" /VO J S TREE A R.O.w B C D E F G F-WAY OF MEADOWS ROAD BEING iii BLOCK 6 H 'MEN 7S AS SHOWN BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that SAVANA,H LIMTI'ED PARTNERSHIP, a District of Columbia limited partnership ("Seller"), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consid- eration to it in hand paid by THE ASPEN INSTITUTE ("Purchaser"), the receipt whereof is hereby acknowledged, has bargained and sold and by these presents does grant and convey unto Purchaser its successors or assigns, the following property, goods and chattels, to wit: Any furniture, furnishings, fixtures, equipment and personal- ty of every kind, nature and description whatsoever that, on and as of the date hereof, is situate within or upon the administration, office and restaurant building at The Aspen Meadows, the Chalet Buildings at The Aspen Meadows; the Kresge Building at The Aspen Meadows; the Health Club facility building and the tennis court clubhouse at The Aspen I Meadows including the items set forth in the Inventory hereto annexed as Exhibit A; excluding herefrom any of such property, goods and chattels owned by any third party(ies) and stored within such buildings with the permis- sion of Seller. TO HAVE AND TO HOLD the same unto Purchaser, its successors and assigns forever. IN WITNESS WHEREOF, Seller has executed this Bill of Sale the day of ,40%Vk,%k 1991 0 SAVANAH LIMITED PARTNERSHIP, a District of Columbia limited partnership By: EN ENTERPRISES INTERNA- T;ofSale INC. r— A B OAIFS.HUGHES 3 KNEZEMCH P.0 • `� '� I Third Floor.Aspen Ma a Building 533 Ear Hopkins (Notarial Clause and Acceptance of Page Following) i Aspen,Colorado 81611 I i I STATE OF ) ' SS. j COUNTY OF t. ) The foregoing instrurp t was acknowledged before this 2da of 199 J�,by Q as o ASPE ENTERPRISES INTERNATIONAL, INC., a general partner o SAVANAII LIMITE PARTNERSHIP, a District of Columbia limited partnership. WITNESS my hand and officiay seal. My commission expires: 7. /,2'Z (SEAL) Notary Public 4 1 ACCEPTANCE OF BILL OF SALE The Purchaser hereby accepts the within and foregoing Bill of Sale and acknowledges (a) that it has had a full and free right and opportunity to examine and inspect and, in fact, has examined and inspected the personal property being conveyed thereby, and (b) that the personal property being conveyed is being conveyed and accepted in its as is where is condition with no warranty, assurance or otherwise, express or imp]ied as to the condition of such personalty, its suitability for any purpose, or otherwise. THE ASPEN INSTITUTE By: — L STATE OF )6" SS. COUNTY OF ) The foregoing instrunjent was acknowledge before me this day of A Vk ,199).by AV-L i _ as of THE ASPEN INSTITU E. WITNESS my hand and officiaL My commission expires:'. (SEAL) Notary Public savanah\doc s\institut.H _V i BUILDING 6 KRESSE (540'5) iF >< E ]NYEN10R1' 510 511 $12 52D 521 522 534 531 532 $44 $41 542 550 551 552 $60 $61 562 570 $71 $72 580 S81 582 TOTAL STUDIO REFRIGERATOR 1 1 1 1 ! 1 1 1 8 UISNUASWR 1 1 l 1 1 1 1 l 8 RANGE/OVEN 1 1 1 1 1 1 1 1 3 FIREPLACE TOOLS 1 t 1 1 1 1 1 7 FIRE EXTINGUISHER 1 1 1 1 1 1 1 1 a CANE BACK CHAIRS 3 3 4 4 4 4 4 4 30 M15C CHAIR 1 1 1 4 1 2 2 2 2 1 1 2 3 2 2 3 3 2 2 1 2 1 41 BROOM VELVET CHAIR I 1 1 I I 1 1 I DINING TABLE 1 1 I 1 1 I I 1 8 d MISC TABLE 1 t 1 3 COFFEE TABLE 1 1 1 ! 1 1 1 1 1 9 SM SQUARE END TABLE 1 1 1 1 2 2 1 2 2 1 2 1 1 1 1 20 l�1 L04 ROUND TABLE 1 1 1 I 1 5 �+ T4 STAND 1 I Ni STAND 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 2 24 -� 6 DRUB DRESSER 1 1 1 1 1 1 1 1 1 1 1 1 1 1 l l I 1 l 1 1 1 t 23 S DRUB CHEST 1 I HRIIING DESK 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 24 BEDDING SLEEP SOFA 1 1 1 I 1 1 I f 1 l 1 1 1 1 1 15 DALE BED SET 1 1 2 1 2 2 1 2 I 2 1 2 1 2 1 23 KING BED SET 0 a ---------------------------------------------------------------------------------------------------------------------------------------•--------------------- ELECTRICAL F i E CD LAMP 2 3 2 1 1 3 1 3 3 3 2 2 2 1 3 2 2 3 1 1 3 41 2 HEAD DESK LAMP I 1 1 1 1 ! 1 7 Ty 1 1 1 1 1 1 1 I 1 1 1 l 1 1 T 1 1 1 1 l 1 1 [ 1 24 TEL 1 I I 1 1 1 1 1 ! 1 1 1 1 1 1 1 1 1 l I I 1 1 1 24 w PRINTS 1 2 2 2 1 2 3 3 2 2 1 2 2 1 1 3 2 t 34 r-4 BASEMENT LEVEL: 3 COMMERCIAL WSHERS, 3 COMMERCIAL DRYERS, l BENCH1SEA1, 3 LAUNDRY CARTS 145 HAND TOYELS, 100 BATH TOWELS, 164 FACE CLOTHS, 220 BATH MATS, 40 SHOMER CURIAIR'S, 14 BROUGHT IRON CHAIRS, 31 PLASTIC CONFERENCE CTIAIR1, 4 VOOD/ALUMINUM fOtDIMG CHAIRS, S WHITE HOOD/AlUM1NUN FOLDINC. CHAIRS, 2 WHITE METAL DUIDDOR CHAIRS, 4 SQUARE DINING TABLES, 2 OLD CASH REGISTERS Kresq fl Ii -dinQ 510 520 530 540 550 560 570 580 l � Bedspreads 0 0 0 0 0 0 0 0 Blankets 2 2 1 2 3 1 3 1 Shower Curtains 1 1 1 1 1 1 1 1 Mattress Pads 1 1 1 1 1 1 1 1 Dinner Plates 7 8 7 7 8 8 8 8 Dessert Plates 8 8 8 8 8 8 8 8 Saucers 8 8 8 8 8 8 8 8 Salad Howls 0 0 0 0 0 0 0 0 Soup bowls 8 9 7 $ 8 5 7 9 Cups 8 8 6 8 8 0 8 8 Wine Glasses 1 7 7 8- 8 4 8 8 Juice Glasses 0 6 8 8 8 7 7 8 Water Glasses 8 8 8 8 4 3 8 8 Toaster 1 1 1 1 1 1 1 1 Skillets 3 3 2 2 1 2 2 2 Pots 2 2 3 3 2 2 2 3 Kitchen spoons 2 2 2 2 2 3 2 2 Kitchen forks 1 1 1 1 1 0 1 1 Kitchen knives 0 2 1 2 1 3 1 2 Steak Knives 8 7 8 8 6 8 3 9 Spoons 15 14 16 15 6 13 8 i8 Forks 15 14 16 16 7 16 12 16 Spatulas 1 2 2 2 1 1 2 2 Peeler 1 1 1 1 0 0 0 1 Can Opener 1 2 0 1 1 1 1 1 Cutting Board 2 1 2 1 1 1 0 1 r s Bedspreads Blankets Shower Mattress PlllcL-s Jj' Curtains Pads 51? 2 2 1 2 6 512 1 3 1 1 4 521 2 1 2 522 1 2 1 1 2 531 2 3 1 2 2 532 1 2 1 1 1 . 541 - - - - 2 - - - 2 1 2 2 ' 542 1 1 1 1 3 ' 551 2 3 1 2 1 552 1 3 1 1 2 561 2 4 1 2 2 562 1 2 1 1 2 571 2 3 1 2 2 572 1 3 1 581 2 3 1 2 2 5 1 2 82 1 2 1 BUILDING 1 (100'$) FF6E INVENTOR 101 102 103 104 10$ 106 107 108 109 110 111 112 (12 ROOMS) 8ATHW/VANITY 3 VAN STOOL (WEB) 1 1 1 VAN STOOL (FORMICA) ! 1 1 1 1 1 1 7 4 DRWR C1E$T 1 1 2 L!)C,iAM RACK I 1 1 2 1 2 1 1 2 11 SCALE 1 1 1 3 BEDROOM CASE 6000S STD FABRIC CHAIRS 2 2 2 2 2 2 2 2 2 2 2 24 5M FABRIC CHAIRS 0 ow CHAIRS 1 1 STD ROLND TABLE 1 1 l 1 ! 1 1 1 1 1 1 t 12 NKHl TABLE 1 1 1 1 1 1 2 1 2 1 2 2 16 3 DR'lk CHE5T 1 1 1 1 1 1 1 1 8 LON 2 DRWR CHEST I I 1 I 4 2 DM WRITE DESK 1 1 BEDDING 06LE BED SE! 2 2 2 2 2 2 2 2 16 KING BED SET 1 1 1 1 4 ------------------------------------------------------------------------------------------------ -^- ELECTRICAL F & E BRP,SS �L f IXIURE 2 2 2 2 2 2 2 2 2 2 2 2 24 BRAS: DE,K LW 1 1 1 1 1 2 2 10 OLD DESK LAMO 1 1 1 3 1V l 1 1 i I 1 1 1 1 i 1 1 12 TEL 1 i 1 1 1 1 1 1 l 1 1 1 12 - �---- PRINTS - 2 2 2 2 2 2 2 2 0 0 19 ----------------------------------------------------------------------------------------- - M1S:ELLW'X5 - ER" CE CLOSETS, EXTERIOR$, CC'RRINAS - 2 MAID CARTS, 1 CRIB S MATTRESS, Nis: V CHAIRS, OLD DE'-�c LAMPS, FORMICA WLES, CARD TABLE; FIRI: DTIWISHERS 6 EMER LIGHTING FIXTURES NOTES - job - CLOSET DOOR HANDLE, 109 - CRACKED MIRROR, BUILDING 2 (200'5) FF&E INVENTORY 201 202 203 204 205 206 201 208 204 210 211 212 214 215 216 211 (16 P BATHROOM/VANITY VAN STOOL (WEE) VAN $101 (FORMICA)) 0 4 DRWR CHEST 0 LUGGAGE W- W 2 2 2 2 2 2 2 2 1 2 1 2 2 2 2 28 SCALE 0 BE". C.;SE 60045 STD FABRIC CHAIRS 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 32 SM FABRIC CHAPS 1 1 1 1 4 000 CHAIRS 1 1 1 1 1 1 6 STO RCUNU TABLE 1 1 l 1 i 1 1 1 1 1 1 1 12 HIGNI TALE i 1 1 1 2 2 2 2 2 1 2 2 2 2 1 2 26 3 ORUR CHEST 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 16 L011 2 DRWR CHEST 0 2 t% FORMICA DESK 1 1 t 1 1 1 1 1 t t 1 1 1 13 NEW 5TD WRITE DESK 1 1 1 1 4 3 DPW WRITE DESK 1 1 1 3 8EODINO ME BED SET 0 KING RED SET 1 1 1 1 I 1 i 1 1 1 1 1 1 i 1 1 I6 ELECTRICAL F & E BRASS MALL FIXTURE 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 32 BRASS DESK LAW 1 1 1 4 BRA55 STAID LAMP 1 1 1 1 0 OLD DESK LAMP (NOT CWHIED) 0 TV 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16 TEL 1 1 1 I 1 1 1 1 1 1 I 1 1 1 1 1 16 -------------------------------------------------------------------------.................------------------------------- PRINh (NOT COUNTED) 0 MISCELLANEOUS - SERVICE CLOSsi5, EXTEP,IOR5, CORRIDORS - 2 MAIDS CAR5, 4 LUGGAGE RACKS, 1 LOY BIN, MI5C LAt1P SFiAUES MISC TABLES, 1 lfATU., 1 TELEPHOW, 1 Cb; , BATWXM ON 2ND FLOOR HK OFFICE, FIRE FIRE EXII01APS 5 EMERGEW.Y LIW.I[Wj FIXTURES NOTES - 208 - LEWIiJ%; WE FAULEi, CAS TABLE IN 205 %Uc-S T BUILDING 4(300'5) FF&E INV 301 302 303 304 305 306 301 3M 309 310 311 312 314 315 316 311 (16 ROOMS) BAIFROOMiVAN1TY VAN STOOL (WEB) I i 1 1 1 1 1 2 8 vAN STOOL (FORMICA) 0 4 ORV1it C1E51 0 LU66AGE RACK 1 1 2 2 1 2 2 2 2 2 2 2 2 2 2 27 SCALE 0 .......................-.....................................---------.............................. BEDROOM CASE fiUS STD FABRIC CHAIRS 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 32 SM FABRIC CHAIRS 1 i t 1 4 ODD CHAIRS 1 1 2 STO WHO TABLE 1 1 1 1 1 1 l t l l l l 12 NIGHT TABLE 1 1 1 1 1 1 1 1 1 1 1 1 2 1 16 3 DRWR CHEST 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16 LOW 2 DU CHEST 0 1 W A FORMICA CESh NEG STD TRITE DESK i 1 1 1 4 3 DRW. WRITE DESK 1 1 1 1 1 S 1 1 8 BEDOiN6 DBLE BED S i 2 2 2 2 2 2 2 2 2 20 KI% BED SET 1 1 1 l 1 1 6 ................ ..................................... ----------------------------------------------- E:ECTRICAL F 3 E BRASS WALL FiXTIME 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 32 BRA55 DESK LAK' 1 1 1 1 1 1 2 1 1 10 BRASS STAND LW i 1 1 1 A OLD DESK LAMP 1 1 2 OTHER 5TANDING LAMP 1 1 1 3 TV 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16 TEL 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16 -------------------------------------------------------------------------------------------------------- PRINTS 2 1 1 1 1 2 2 2 12 ------------------------------------------------------------------------------------------------------- M15CELLANEDUS - 5ERVICE CLOSETS - ROLLAWAY FRAME, 3 MISC SMALL !ABLE$, 3 OLD "THING LAMPS, CRIB FRAME, SWING LAMP, 2 CANS, 10 Miy: NINTS, 1 WOWAIN FORMICA TABLE, 2 CARD TABLES. 2 MISC 001R$ uL,_ 1h 51 JL::��Ftl y nr r. Chalet Roams Bedspreads Blankets Shower Mattress P111cm Curtains Pads 301 2 4 1 2 6 302 1 4 1 1 4 303 1 2 1 1 4 304 2 4 1 2 6 305 2 2 1 2 6 306 2 4 I 2 5 307 2 4 1 2 6 308 2 4 1 2 6 309 2 2 1 2 6 310 1 3 1 1 3 311 1 2 1 1 4 312 2 4 1 2 6 314 1 3 1 1 4 315 2 2 1 2 6 316 1 3 1 1 4 317 2 3 1 2 6 201 1 1 1 1 4 202 1 2 1 1 5 203 1 2 1 1 4 204 1 2 1 1 4 205 1 2 1 1 4 206 1 2 1 1 5 207 1 2 1 1 5 208 1 2 1 1 4 209 1 2 1 1 4 210 1 2 1 1 3 211 1 2 1 1 4 212 1 3 1 1 4 214 1 2 1 1 3 215 1 2 1 1 4 216 1 2 1 1 3 217 1 2 1 1 4 101 2 3 1 2 5 102 2 4 1 2 6 103 2 4 1 2 5 104 2 3 1 2 6 105 2 3 1 2 6 106 2 3 1 2 4 107 1 1 1 1 4 108 2 3 1 2 4 109 1 1 1 1 4 110 2 3 1 2 5 111 1 2 1 1 4 112 1 2 1 1 4 EEC 16 '91 02:3cPM P. ASPEN MEADOWS RESORT KITCHEN INVENTORY SEPTEMBER 1991 87 juice glasses 74 water glasses 5 glass cruets 15 sauce boats 9 ceramic ice tea pots 43 lg. brown casseroles 8 mad brown casseroles 28 sm. brown casseroles 5 dz. tulip champagne 8 metal baking dishes 12 glass candle holders 3 doz 6 1/2 wine glasses 8 misc s/p shakers 5 misc. metal teapots 3 misc. water pitchers 4 misc. vases 8 stainless 1/6 pan 6" 6 stainless 1/6 pan 4" 42 lexcon 1/6 pan 6" 3 lexcon 1/6 pan 4" 1 egg pouching insert 5 lexcon 1/6 pan lids 16 5 gal. plastic bucket ` 20 med. pot lids 3 stainless plate covers 4 saute pan 15" 5 saute pan 12" 3 saute pan 8" 17 egg pan 3 sauce pans 12" 2 sauce pans 8" 2 sauce pans 9" 1 baking pan 14" 7 chafing dish frames 10 chafing dish lids 8 chafing dish 6 in, inserts 1 18" salad bowl 59 tulip champagne 6 glass carafes 16 champagne flutes 132 sundae dishes 1 lexan storage lid 1 roughneck storage container and lid 20 pie tins 16 in. 13 pizza tins 4 med. scup insert- 3 1 gal. soup insert DEC 16 '91 02:33PM F'.9i1 STAINLESS INSERTS 7 6 in. half size 11 4 in. half size 7 2 in. half size 4 4 1/3 pans 3 2 in. 1/3 pans 3 sm. metal ice scoops ROUND INSERTS STAINLESS 3 S N 4 6" 1 10" 2 hinged insert covers 2 1/2 pan covers 2 16 in. plastic bowls 25 stainless small condiment bowls 1 8 liter plastic measure 13 salad bar containers 12 200 hotel pans 6 600 hotel pans 5 6 in. lexan storage containers 1 10 in. lexan storage container 1 3/4 round deep storage container 1 Wearever Wire Screen 5 chafing dish covers 2 Rubber Maid 12. 5 gal. container 6 full insert covers STAINLESS MIXING HOWLS 16 in. bowl 14 in. bowl 13 in. bowl 12 in. bowl 11 in. bowl COOKING POTS • 4 10 gal. approx. 2 hondos ( 1 lg. , 1 med ) 1 2 1/2 gal. 1 1 1/2 gal. pot 1 6 gal. heavy duty 1 4 gal. 1 4 gal. light duty 1 clam steamer pot 5 misc. wood salad bowls 1 2 burner coffee warmer 1 ice tea holder 1 sm. deep fryer 10 metal serving tray 6 metal serving spoon 3 serving spatulas 2 sharpening steels 19 kitchen spoons 10 kitchen tongs 1 inventory scale 2 cheese cap 2 med. wire baskets 1 lg. wire basket 9 wire whips 15 2 oz. ladles 2 4 oz. ladles 1 6 oz. ladle 2 8 oz. ladles 2 12 oz. ladles 1 24 oz. ladles 1 slotted ladle 1 Cheese grater 1 8" cake pan 1 white plastic cutting board 1 13" stainless mixing bowl 24 decorated party trays 1 pancake maker 3 paring knives 1 sheet pan 1 lemon juicier 3 colanders 3 2 qt. measures 1 .1 gal. measures 1 1 cup measure 1 lg. wood cutting board 2 caribou coolers 8 lg. muffin tins 2 sm. food scoops 1 egg slicer 1 Hamilton Beach blender 1 3way sharpening stone 1 rolling pin 1 sm. ice scoop 1 lg. cleaver 1 sm. cleaver 3 lg. handle spatulas 5 metal spatulas 1 measuring spoon 30 meat forks 4 meat slicers 2 bread knives 2 cheese slicers 5 veggie peelers 1 garlic press 1 melon baller 1 set kitchen shears I tongs 1 wisk 2 1" metal spatulas I lg. waring blender (mctor & jar) 1 lg. Hobart miser (metal bowl ) 1 1g. whip DEC 1E '91 02:34PN P. 11i1 1 lg. hook paddle impeller hook 3 rolling pins 1 cast aluminum food scoop 1 Hobart food slicer w/ attachments 1 rolling cart food slicer 2 18 x 24 cooling racks 2 portion scale 1 Kitchenaid, (bowl, .2 attachments ) 3 rolling pins 6 spring pans 2 6" cake pans 3 9" cake pans 4 11 x 14 cake pans 2 meat tenderizers 2 meat presses 1 med food scoop 23- 10" dinner plates 125 8-1/4" plain salad plates 74 7" plates 169 61/4" plate 215 51/4" plate 234 51/4" saucer 52 monkey dishes 47 cereal bowl 171 coup cups 166 coffee cups 96 souffle dishes 370 dinner forks 166 salad forks 151 tea spoons 153 soup spoons 32 steak knives 213 dinner knives 12 ice tea spoons 52 table spoons 3 buffet soup ladles 3 pie servers 17 large stainless buffet tongs 6 small stainless buffet tongs 5 plastic tongs 20 stainless buffet spoons 10 stainless buffet forks 2 can opener 226 water glasses 110 wine glasses 8 13 oz. mix glasses 20 milk glasses 8 lg. glass rcund bowl 7 s:n. glass round bowl 3 leaf glass trays DEC 16 '91 0":34PM P. 12.- 8 plastic sheet trays 4 18" wood bowl 1 16" wood bowl 7 14" wood bowl 5 12" wood bowl 3 10" wood bowls 3 6" wood bowls 6 glass jelly dishes 2 stainless steel cake stand 77 juice glasses 115 small sauce glasses 29 1 liter decanter 11 coffee pots 17 plastic pitchers 28 thermal pitchers 2 stainless water pitchers 6 ,juice containers 2 plastic serving Holders 6 hot tea pots 21 plastic silverware cylinders 61 plastic trays 3 round plastic trays 9 bus tubs 7 dish rack 15 waiter round tray Health Center - FF b E Inventory Offices 1 metal desk 1 4 drawer wood desk 2 orange/wood chairs 1 office chair Health .Center 9 long benches 2 old height/weight scales 2 volleyball nets 1 excercise bicycle 2 medicine balls 2 volleyballs 2 basketballs 1 stereo receiver/turntable/speaker set 28 excercise mats 3 folding mats L�v lb ✓1 VL �.JrI' i ASPEN MEADOWS INVENTORY SEPTEMBER 1991 ADMINISTRATION BUILDING Front Desk Back Rcom 2 drawer file cabinet 1 address-c-graph 196n 1 drop safe '1 2 desks ( 1 woo 1 metal) 1 table 2 lamps 1 sign board 1 chair Frnnt D .sk Ar _3 1 flag 1 sm. table 2 chairs 1 long table 1 desk 1 IBM Selectric IT typewriter -/ 2 room folio buckets w/ stands 1 framed Meadows map _ L 1 telephone console Lobby 2 black benches 1 coffee table 1 long table 1 fire extinguisher 1 water fountain Vending Room 1 Ice machine Front Desk Managerg Office X s a f e - , • ►w 2 coffee tables 1 check imprinter -aLje� 2 black 5 drawer file cabinets 1 desk chair 1 dining room chair 1 key cabinet misc. cash drawers spare telephones Aspen Meadows stationary DEC 16 '91 G?c _`PH j,-,hung /T .a Rizom 3 round tables 1 sq. table 1 coffee table 1 banquet table 1 framed Aspen Institute 40th Anniversary poster 1 sliding door chest 1 set of fireplace tools 1 be>okcase with 1 set- of Encyclopedia Britanica & 1 set of "Great Books" h'`cc"�f� i• General 1 office chair 1 brown leather & chrome chair 1 table 1 desk QJ ( j dce ""t"`41,� Oininq RQ m 30 tables 2 copper top stands 2 sm. chests i 81banquet table 6 tray stands 39 brown chairs 6 red velvet chairs 18 red plastic chairs 2 sm. fire extinguishers Cashiers Stand 1 copper top chest 1 cashiers stand 1 stool 1 lg. fire extinguisher Ereakfast Kitchen 1 2 door refrigerator 1 ice machine 1 hood 2 metal cabinets 1 metal sink/cabinet unit 1 metal shelf unit 2 antique chests (wood/marble ) 1 refrigerator 5 glass shelves 1 metal bar sink unit 2 soda gun set-ups 1 glass washer 4 stools I ,� 1 piano - �«1•� � l ,� o- 1 lamp 6 bar tables 24 wood chairs ��- 1 set fireplace tools , 15 black & white prints .6 2 fake Tiffany lamps i set stereo speakers } M CCAA-t/' Ladi s Restroom 1 trash can 2 paper towel holders 1 hand dryer 1 trash can 1 paper towel holder 1 hand dryer Qr eCa Room 1 copper top chest 1 podium 12 green velvet chairs 16 red velvet chairs 12 blue velvet chairs Hallway 1 long metal coatrack Hcuse_keenlna closet 1 sink 1 stool Liquor Room 3 shelf units "' . 1 small- safe Wine Rcom 1 refrigerator 2 cassette players r MO LEC 1e '�1 02� DGPI'I Room built in shelving units Food, Beverage Direc Lars Office 1 desk 3 chairs 2 lamps 1 metal table 1 stereo receiver Chef' s Office 1 desk 1 chair built-in shelves Kitchen 1 Hobart dishwasher with metal shelves and garbage disposal I wocd & Metal dish shelves 1 sm. metal sink 1 chalk board 1 fire extinguisher 1 metal storage unit with 2 upper shelves 1 toaster microwave I wood chest 1 butcher block w; 2 drawers 1 butcher block/sink w/ over/under shelves 1 sm.butcher block on wood stand 1 metal, rolling stand 1 butcher block w/ 3 doors 1 sm. refrigerator 1 double pizza oven 1 butcher block w/ sink 1 steam table 1 broiler 4 ovens/3 griddle tops/6 burners 1 hood set-up 1 fryolator ' 1 broiler Pantry 1 walk-in refrigerator 1 2 door freezer 1 double pot sink 14 shelf metal storage unit 3 3 shelf wire pry atnrage wood shelves ( built-in) 4 fire extinguishers easement 1 walk-in freezer 1 walk-in refrigerator 1 shop vac 1 sink 1 phone switch built-in shelves in storage rooms all boilers equipment ACKNOWLEDGMENT AND ACCEPTANCE OF DRIVEWAY EASEMENT THE UNDERSIGNED owner of the following described re.it property (the "Property"): Lot 1, Snobble Subdivision for him, her, it, their self(ves) hereby: A) acknowledges the driveway easement ("Easement") shown, noted and dedicated for the benefit of the Property on The Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat ("Plat") recorded in Plat Book at Pages , et seq. of the Pitkin County Colorado Real Property Records; B) accepts the dedication of the Easement and the responsibility for the maintenance thereof; and C) agrees that the Easement shall be used for access to the Property by the undersigned and all those desiring access to the Property in the place, stead and to the exclusion of the Old Meadows Road trail also depicted on the Plat. Owner(s) of STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1991, by as owner of WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public aavanahldoca\acknawle.dge ACKNOWLEDGMENT AND ACCEPTANCE OF DRIVEWAY EASEMENT THE UNDERSIGNED owner of the following described real property (the "Property"): Lot 2, Snobble Subdivision for him, her, it, their self(ves) hereby: A) acknowledges the driveway easement ("Easement") shown, noted and dedicated for the benefit of the Property on The Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat ("Plat") recorded in Plat Book at Pages , et seq. of the Pitkin County Colorado Real Property Records; B) accepts the dedication of the Easement and the responsibility for the maintenance thereof; and C) agrees that the Easement shall be used for access to the Property by the undersigned and all those desiring access to the Property in the place, stead and to the exclusion of the Old Meadows Road trail also depicted on the Plat. Owner(s) of STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1991, by as owner of WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public ewanah\docslacknowlc.dgc ACKNOWLEDGMENT AND ACCEPTANCE OF DRIVEWAY EASEMENT THE UNDERSIGNED owner of the following described real property (the "Property"): Lot 3, Snobble Subdivision for him, her, it, their self(ves) hereby: A) acknowledges the driveway easement ("Easement") shown, noted and - - - dedicated for the benefit-of-the Property on The Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat ("Plat") recorded in Plat Book at Pages , et seq. of the Pitkin County Colorado Real Property Records; B) accepts the dedication of the Easement and the responsibility for the maintenance thereof; and C) agrees that the Easement shall be used for access to the Property by the undersigned and all those desiring access to the Property in the place, stead and to the exclusion of the Old Meadows Road trail also depicted on the Plat. Owner(s) of STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1991, by as owner of WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public savanah\dots\acknowlc.dgc ACKNOWLEDGMENT AND ACCEPTANCE OF DRIVEWAY EASEMENT THE UNDERSIGNED owner of the following described real property (the "Property"): Lot 1, Barr Subdivision for him, her, it, their self(ves) hereby: A) acknowledges the driveway easement ("Easement") shown, noted and dedicated for the benefit of the Property on The Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat ("Plat") recorded in Plat Book at Pages et seq. of the Pitkin County Colorado Real Property Records; B) accepts the dedication of the Easement and the responsibility for the maintenance thereof; and C) agrees that the Easement shall be used for access to the Property by the undersigned and all those desiring access to the Property in the place, stead and to the exclusion of the Old Meadows Road trail also depicted on the Plat. Owner(s) of STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1991, by as owner of WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public savanah\docslacknow le.dge ACKNOWLEDGMENT AND ACCEPTANCE OF DRIVEWAY EASEMENT THE UNDERSIGNED owner of the following described re<11 property (the "Property"): Lot 2, Barr Subdivision t for him, her, it, their self(ves) hereby: A) acknowledges the driveway easement ("Easement") shown, noted and dedicated for the benefit of the Property on The Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat ("Plat") recorded in Plat Book at Pages , et seq. of the Pitkin County Colorado Real Property Records; B) accepts the dedication of the Easement and the responsibility for the maintenance thereof; and C) agrees that the Easement shall be used for access to the Property by the undersigned and all those desiring access to the Property in the place, stead and to the exclusion of the Old Meadows Road trail also depicted on the Plat. Owner(s) of STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1991, by as owner of WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public savanahldacslacknowlc.dge ACKNOWLEDGMENT AND ACCEPTANCE OF DRIVEWAY EASEMENT THE UNDERSIGNED owner of the following described real property (the "Property"): Lot 1, Janss Subdivision for him, her, it, their self(ves) hereby: A) acknowledges the driveway easement ("Easement") shown, noted and dedicated for the benefit of the Property on The Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat ("Plat") recorded in Plat Book at Pages , et seq. of the Pitkin County Colorado Real Property Records; B) accepts the dedication of the Easement and the responsibility for the maintenance thereof; and C) agrees that the Easement shall be used for access to the Property by the undersigned and all those desiring access to the Property in the place, stead and to the exclusion of the Old Meadows Road trail also depicted on the Plat. Owner(s) of STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1991, by as owner of WITNESS my hand and official seal. My commission expires: (SEAL) savanah\does\acknowlc.dgc Notary Public ACKNOWLEDGMENT AND ACCEPTANCE OF DRIVEWAY EASEMENT THE UNDERSIGNED owner of the following described real property (the "Property"): Lot 2, Janss Subdivision for him, her, it, their self(ves) hereby: A) acknowledges the driveway easement ("Easement") shown, noted and dedicated for the benefit of the Property on The Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat ("Plat") recorded in Plat Book at Pages , et seq. of the Pitkin County Colorado Real Property Records; B) accepts the dedication of the Easement and the responsibility for the maintenance thereof; and C) agrees that the Easement shall be used for access to the Property by the undersigned and all those desiring access to the Property in the place, stead and to the exclusion of the Old Meadows Road trail also depicted on the Plat. Owner(s) of STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1991, by as owner of WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public savanah\docs\acknowle_dge ACKNOWLEDGMENT AND ACCEPTANCE OF DRIVEWAY EASEMENT THE UNDERSIGNED owner of the following described real property (the "Property"): Lot 1, Pine Hollow Subdivision for him, her, it, their self(ves) hereby: A) acknowledges the driveway easement ("Easement") shown, noted and dedicated for the benefit of the Property on The Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat ("Plat") recorded in Plat Book at Pages , et seq. of the Pitkin County Colorado Real Property Records; B) accepts the dedication of the Easement and the responsibility for the maintenance thereof; and C) agrees that the Easement shall be used for access to the Property by the undersigned and all those desiring access to the Property in the place, stead and to the exclusion of the Old Meadows Road trail also depicted on the Plat. Owner(s) of STATE OF ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1991, by as owner of WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public savanah\dots\acknow le.dge ACKNOWLEDGMENT AND ACCEPTANCE OF DRIVEWAY E,ISENIENT THE UNDERSIGNED owner of the following described real property (the "Property"): Lot 2, Pine Hollow Subdivision for him, her, it, their self(ves) hereby: A) acknowledges the driveway easement ("Easement") shown, noted and dedicated for the benefit of the Property on The Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat ("Plat") redorded in Plat Book at Pages , et seq. of the Pitkin County Colorado Real Property Records; B) accepts the dedication of the Easement and the responsibility for the maintenance thereof; and C) agrees that the Easement shall be used for access to the Property by the undersigned and all those desiring access to the Property in the place; stead and to the exclusion of the Old Meadows Road trail also depicted on the Plat. Owner(s) of STATE OF ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1991, by as owner of WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public savan:ihldocslacknow le.dge ACKNOWLEDGMENT AND ACCEPTANCE OF DRIVEWAY EASEMENT THE UNDERSIGNED owner of the following described real property (the "Property"): 795 Meadows Road for him, her, it, their self(ves) hereby: A) acknowledges the driveway easement ("Easement") shown, noted and dedicated for the benefit of the Property on The Aspen Meadows Final S.P.A. Development Plan and Finial Subdivision Plat ("Plat") recorded in Plat Book at Pages , et seq. of the Pitkin County Colorado Real Property Records; B) accepts the dedication of the Easement and the responsibility for the maintenance thereof; and C) agrees that the Easement shall be used for access to the Property by the undersigned and all those desiring access to the Property in the place, stead and to the exclusion of the Old Meadows Road trail also depicted on the Plat. Owner(s) of STATE OF ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1991, by as owner of WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public savanahldocslaclwotvle.dge SAVANAI-I LIMITC D PARTNLRSI---IIP January 3, 1992 The Aspen Institute 210 Lake Avenue Aspen, Colorado 81611 RE: Wood Burning Fireplaces at Kresge Building Gentlemen: When executed by you below, this will serve to confirm our agreement that: 1. Savanah shall be entitled to all the fireplace credits resulting from either the conversion of the existing wood burning fireplaces to gas log fireplaces or, as the case may be, the abandonment of the existing wood burning fireplaces in the Kresge Building at The Aspen Meadows. 2. If the Institute elects to convert the existing wood burning fireplaces to gas log fireplaces, rather than abandoning them, Savanah will pay the cost of such conversion, limited to the cost of plumbing new gas lines to each fireplace unit and the cost of the gas log fireplace units themselves - i.e., the mechanical apparatus, the gas logs, and any fireplace grate necessary to be replaced. Should the Aspen Institute decide not to install gas log fireplaces in the Kresge Building, Savanah shall pay to the Institute$2,000 per replacement gas log unit up to a maximum of eight units or $16,000. 3. The obligation of Savanall to pay the cost of converting (lie existing wood burning fireplaces shall be conditioned upon its receiving, by March 1, 1992, from the Aspen Environmental Health Department confirmation and recognition of the fireplace credits. Savanali shall by March 1, 1992, deliver to the Institute a written election that it will have no right to the fireplace credits and shall have no obligation to pay the institute the costs of converting the fireplaces or, alternatively,the written election shall state that Savanah shall pay the cost of converting the fireplaces or cash, and it shall thereby assume the risk that fireplace credits will be honored by the Aspen Environmental Health Department. 4. Once Savanah has fulfilled its obligations hereunder, Savanah's right to and in respect of the fireplace credit shall be freely assignable by it to any 600 F' .COO�)('I' St. .`�Illlc "?00 • .A ;�11'l), ('( )- ;S I (i I 1 0 :'iO:i/S)?:i -I :?7"? • i'r\\ 4)"?i- I-:iti7 The Aspen Institute January 3, 1992 Page 2 third party successor to all or any portion of Lots 5 and 6, or either of them, of The Aspen Meadows Subdivision. 5. The Aspen Institute will from time to time, upon request, execute such other and further reasonable documentation confirming Savanah's right to the fireplace credits as Savanah may deem expedient or necessary, or as may be required by the Aspen Environmental Health Department, or any other agency having jurisdiction in matters of fireplaces in the City of Aspen. 6. Upon written notice to Savanah by the Institute of its desire to receive cash or to have Savanah fulfill its obligation to install the gas log fireplaces per this agreement, Savanah shall fulfill its obligation within sixty days of notice by paying cash to the Institute, or Savanah shall promptly pay the bill of the Aspen Institute contractor in charge of the renovation of Kresge who will install the gas log fireplaces for Savanah. If Savanah does not fulfill its obligations under this agreement in a timely fashion, this agreement shall be null and void and all parties relieved of all obligations hereunder. If the foregoing accurately reflects our agreement understanding, kindly so signify on the signature line below-provided. Sincerely, SAVANAH LIMI'T'ED PARTNERSHIP, a District of Columbia limited partnership AGREED: k. THE E AS PEN INSTITUTE Ry, ASPEN ENTERPRISES S 1 NTERNATION- 1 AL ` _V�WL'Z_ Y: RWH/rak ' 'FAX T- savanah\Itrs\aspenins.02 AGREEMENT THIS AGREEMENT ("Agreement") is entered into this day of January, 1992 , by and between THE ASPEN INSTITUTE, INC. , a Colorado nonprofit corporation, having an address of P.O. Box 222 , Queenstown, Maryland 21658 (hereinafter referred to as the "Institute") , and MUSIC ASSOCIATES OF ASPEN, a Colorado nonprofit corporation having an address of 2 Music School Road, Aspen, Colorado 81611 (hereinafter referred to as the "MAA") . W I T N E S S E T H: WHEREAS, the Institute and the MAA have entered into a Shared Use Agreement in order to memorialize the issues of common interest relating to their properties; and WHEREAS, the Institute and the MAA share the use of the parking lot behind the Music Tent, and adjacent to Paepcke Auditorium; and WHEREAS, it has come to the attention of the Institute and the MAA that part of the road leading to the shared parking lot is actually on private property owned by Leonard Lauder. NOW, THEREFORE, in consideration of the foregoing premises, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Road Construction. In the event that Leonard Lauder prevents the use of the existing road located on his property to either the Institute or the MAA, thereby blocking access to the shared parking lot, the MAA agrees to allow a new road to be relocated onto their property, in a location to be determined by MAA, to access the shared parking lot. In such event, the Institute and the MAA agree that the cost of designing, constructing and maintaining said road would be shared equally by both parties. 2 . Ouiet Enjoyment. Notwithstanding the quiet enjoyment paragraph of the Parking Lot and Seating Area Lease entered into between the Institute and MAA, MAA acknowledges that the rights of Leonard Lauder may well affect its quiet enjoyment and use of the south parking lot, and hereby waives any claim against the Institute for such breach. 3 . Effect. The parties agree that this Agreement and the terms and obligations contained herein will not take effect until the parties hereto are precluded from access to the shared parking lot on the road across Leonard Lauder's property. The mutual obligations contained in the Shared Use Agreement are the specific consideration for this Agreement. - 1 - IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. MUSIC ASSOCIATES OF ASPEN, a THE ASPEN INSTITUTE, INC. , a Colorado non-profit corporation Colo ado nonpr(o�f ration By - (� By uV� David T. McLauglo n, President STATE OF COLORADO ) ss. COUNTY OF PITKIN ) 6 1 The foregoing instrument was acknowledged before me this day of January, 1992 , by David T. McLaughlin, as President of THE ASPEN INSTITUTE, INC. , a Colorado nonprofit corporation, on behalf of said corporation. WITNESS my hand and official sea . My commission expires: '�. �� , No ary Public STATE OF COLORADO ) ss. COUNTY OF PITKIN ) L t1The foregoing instrumen as c owl dged before me this ay f January, 1992 , by Ar ° as ( t� of MUSIC ASSOCIATES OF ASPEN, a Colorado nonprofit corporation, on behalf of said corporation. WITNESS my hand and officia seal . My commission expires: 7. /-2 93 N tary Public / \aspninst\music. agr 2 - #34(:)94 7 01/24/922 16 e 32 Rec $25."C-)0 Bf<: 667 PG 847 S Pit!:-.in Cnt,, C1E?,-.!: Doc $. 00 CONVEYANCE AGREEMENT THIS AGREEMENT is made and entered into this day of January, 1992 , by and between the ASPEN INSTITUTE, INC. , a Colorado non-profit corporation (the "Institute") , and the ASPEN CENTER FOR PHYSICS, INC. , a Colorado non-profit corporation ("PHYSICS") . RECITALS: 1. City of Aspen ordinance No. 14, Series of 1991, contemplates the transfer and conveyance of certain real property within the Aspen Meadows Specially Planned Area ("Aspen Meadows SPA") to the Aspen Center for Physics, upon the transfer and conveyance of property to the Institute by Savanah Limited Partnership. 2 . The parties hereto desire to memorialize their expectations regarding the contemplated conveyance and to address other matters which are related thereto. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: A. Conveyance of PHYSICS Parcel . Subject to the provisions hereof, the Institute shall execute and deliver to PHYSICS a bargain and sale deed to PHYSICS, conveying Lot 3 of the Aspen Meadows SPA to PHYSICS . 1. Date of Conveyance. Consistent with the provisions of Section 5, Paragraph 3 of City of Aspen Ordinance No. 14 , Series of 1991, the delivery of the deed shall occur simultaneously with recording of the Final Plat required by said Ordinance No. 14 . 2 . Title. Lot 3 shall be conveyed to Physics free and clear of all liens and monetary encumbrances, except for ad valorem taxes for 1991 due in 1992 ; those items of record which do not render title unmerchantable; the provisions of City of Aspen Ordinance No. 14 , Series of 1991, and The Aspen Meadows Development and Subdivision Agreement executed in compliance therewith. 3 . Prorations. General taxes for year of closing, if any, shall be prorated to the date of closing. B. Purchase Option. From and after the date of conveyance, each party shall have the right and option to purchase the properties of the other within the Meadows SPA for the appraised value of the buildings and improvements located thereon, exclusive of any land value. The right and option to purchase shall arise in the event either party should offer its property for sale, vacate their operations at the Meadows for a - 1 - 474 -)94 r 01/224/922 16: 3-2 Rec $225- 00 Eck:: 667 PG 848 Silvia Davis , PitkAn Cnty Clerk. , Doc $. 00 period of more than two years, or change the purpose and operation of the organization so that it does not qualify as either a charitable or educational organization pursuant to Section 501(c) (3) of the Internal Revenue Code, as that section is applied on the date hereof, and/or as determined by the Internal Revenue Service. For the purpose of the foregoing, property shall be deemed "offered for sale" on the date that the selling party enters into a listing agreement with a real estate broker or undertakes other affirmative action clearly evidencing an intent to sell . Should any of the foregoing events occur, the party entitled to exercise the right to purchase shall give written notice- of -its intention to exercise that right to the selling - - - - - - party. In the event that the option is triggered by an offer of sale, the notice shall be delivered within 60 days after the party with the option to purchase receives notice of the selling party's intention to sell . Otherwise, the notice shall be delivered within 120 days after the party with the option to purchase receives notice of the event giving rise to that option. The parties shall then mutually agree upon an appraiser who shall conduct and complete an appraisal of the buildings and improvements (exclusive of land value) subject to the option. If the parties cannot agree upon an appraiser, each party may select an appraiser and the average of the two appraisals shall determine the option price. The option price shall be tendered in cash or such other form as is acceptable to seller within 60 days after the completion of the appraisal, and the selling party shall execute and deliver to the purchasing party all documents which may be required in order to effectuate the conveyance of the property and improvements. The foregoing provisions notwithstanding, and except for an option to purchase triggered by an offer for sale, the party whose property is subject to an option shall be entitled to cure the circumstances which gave rise to that option, should such party so desire, within the notice period provided above. Furthermore, nothing herein shall be construed as creating an obligation to exercise the purchase option, and the party with the right to purchase may elect to waive that right at any time. Should the party with the option to purchase fail to provide notice within the time allowed above, or to tender the purchase price within the time allowed above, the option shall expire and thereafter be of no further force or effect. C. Purchase Option - Aspen Center for Physics. The parties acknowledge that the Institute will enter into an agreement with the Music Associates of Aspen ("MAA") in a form and substance similar to this Agreement, by which the Institute will agree to convey certain property within the Aspen Meadows SPA to MA-A. Pursuant to terms and conditions similar to those set forth in paragraph B above, the Institute may obtain an option to acquire the MAA land and improvements and MAA will have a reciprocal option to require the land and improvements - 2 - 'J 1 -7 1-6:: 2 Flt? - Si 1 vi a D a ii t� y Pi t F::i n Casty C c_;r_; 667 PG 849 leek: , Doc s. [nn of the Institute. The parties hereto agree that this option which grants to PHYSICS the right to acquire the land and improvements of the Institute within the Aspen Meadows SPA will be subordinate and junior to the option granted to MAA. Furthermore, in the event MAA obtains an option to acquire the land and improvements of PHYSICS, such option shall be subordinate and junior to any option which Institute may obtain. D. Agreement to Share Facilities. In connection with the conveyance contemplated herein, the Institute, MAA and the Aspen Center for Physics have entered into discussions and negotiations for an agreement whereby each party shall be entitled to utilize the facilities of the other on a space and time available basis. Such agreement shall also address the use of irrigation water, irrigation ditch maintenance, road and grounds maintenance, and reciprocal easements for access across each entity's property. E. Miscellaneous Provisions. 1. Time of Essence/Remedies. Time is of the essence hereof. If any obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: a. If either party is in default, the non-defaulting party may elect to treat this Agreement as cancelled, or may elect to treat this Agreement as being in full force and effect, in which case the non-defaulting party shall have the right to specific performance or damages, or both. b. Anything to the contrary herein notwithstanding, and in the event of any litigation arising out of this Agreement, the court shall award to the prevailing party all reasonable costs and expenses, including attorneys' fees. 2 . Status and Authority. Each of the signatories hereto has the right, legal capacity and authority to enter into this Agreement on behalf of their respective organizations, and such organizations have the right, legal capacity and authority to enter into and perform its obligations under this Agreement and the documents to be executed and delivered pursuant hereto. 3 . Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto and supersedes all prior and contemporaneous agreements, representations and understandings of the parties regarding the subject matter of this Agreement. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by the parties hereto. 3 - #340947 01/24/9;' 16: . Rer_ Silvia Davis, 667 PG 950 ( iti::in Cnty Clef- k , Doc s. (Qij 4 . Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5. Binding Effect/Assignment. This Agreement shall be binding on and shall inure to the benefit of the parties to it and their respective successors and assigns. Neither party may assign its interest or obligations pursuant to this Agreement without the prior written consent of the other party, which consent may be withheld for any reason. 6. Notices. All notices or other communications under this Agreement shall be in writing and shall be deemed to have been duly given when personally delivered, or on the third day after mailing if mailed registered or certified mail, postage prepaid and properly addressed as follows: To the Institute: Aspen Institute, Inc. Administrative Offices Wye Center P. O. Box 222 Queenstown MD 21658 To Physics: The Aspen Center for Physics P. O. Box 1208 Aspen CO 81612 7 . Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Executed by each party on the date set forth below each signature. THE ASPEN INSTITUTE, INC. , a ASPEN CENTER FOR PHYSICS, INC. , Colorado V- By:_ nonp corporation a (' corp ration By: Date: �" �-'"��- Dat \aspninst\physics. ccn - a - 4340945 UI/^4/92 16: 31 Rec $451. 00 BV:: 667 FMS 937 Silvia Davis , Pitkin CntY Clerk , Doc s. i-.)C) CONVEYANCE AGREEMENT S AGREEMENT is made and entered into this a• day of 199J., by and between the ASPEN INSTITUTE, INC . , a Colorado non-profit corporation (the "Institute" ) , and the MUSIC ASSOCIATES OF ASPEN, INC . , a Colorado non-profit corporation RECITALS : 1 . City of Aspen Ordinance No. 14 , Series of 1991 , contemplates the transfer and conveyance of certain real property within the Aspen Meadows Specially Planned Area ( "Aspen Meadows SPA") to the MAA and to the Aspen Center for Physics , upon the transfer and conveyance of property to the Institute by Savanah Limited Partnership. 2 . The parties hereto desire to memorialize their expec- tations regarding the contemplated conveyance and to address other matters which are related thereto. NOW, THEREFORE , for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows : A. Conveyance of MAA Parcel . Subject to the provisions hereof, the Institute shall execute and deliver to MAA a bargain and sale deed, in a form and substance acceptable to MAA, convey- ing Lot 2 of the Aspen Meadows SPA to MAA. 1 . Date of Conveyance . Consistent with the pro- visions of Section 5 , Paragraph 3 of Citv of Aspen Ordinance No. 14 , Series of 1991 , the delivery of the deed shall occur simultaneously with recording of the Final Plat required by said Ordinance No. 14 . 2 . Title . Lot 2 sliall be conveyed to MAA free and clear of liens and encumbrances , except for ad valorem taxes for 1991 due in 1992 , those items of record which do not render title unmerchantable, the provisions of City of Aspen Ordinance No. 14 , Series of 1991 , and the Aspen Meadows Development and Subdivision Acrreement executed in compliance therewith . 3 . Prorations . General taxes for year of closing, if any, shall be prorated to the date of closing. 4 . Possession . The parties acknowledge that MAA is currently in possession of Lot 2 pursuant to a lease which shall. #740945 01 �__4i9^ 16: 31 Re_ V.4 i -— ref;: 111 PG 838 Ci14i_. Davis , Pitl.::in Cnty Clerl: , Doc .iii? continue in full force and effect until and unless the property is conveyed as provided herein. B. Parking Lot Lease . Simultaneously with the delivery of the deed , as provided above , the Institute will execute and deliver to MAA a 99-year lease to the southerly portion of the parking lot located to the north of the Music Tent, as described in Exhibit A, in a form and substance acceptable to MAA. The lease shall require only a nominal rent of $1 . 00 per year to be paid in advance by MAA. The lease shall provide that MAA shall be responsible for the maintenance and repair necessary for the parking lots to be kept in an acceptable and useable condition on a year-round basis , but that the cost of such maintenance and repair shall be shared on an equal basis by MAA and the Insti- tute . The lease shall also provide that the Institute shall relocate the "reserved" parking spaces which have historically been maintained within the south half of the parking lot. Consistent with the foregoing, the parties agree that they shall continue to cooperate with and make reasonable efforts to accommodate each others ' parking needs , not only with respect to the southerly portion of the parking lot in question, but also with respect to the northerly portion, as they may from time to time arise (e.g. , Thursday and Friday night and Sunday afternoon concerts at the Music Tent, and Tuesday and Thursday night lecture series at the Institute) . Requests by MAA to use the northerly half of the parking lot and requests by the Institute to use the southern half of the parking lot shall be in writing and executed by the authorized representative of the requesting party. The request shall set forth therein the date or dates and times of useage, a description of the activity to take place , an estimate of the number of persons expected to utilize the parking lot, and such other information as may be useful in determining the availability thereof. C . Outdoor Seating Area Lease . Simultaneously with the delivery of the deed , as provided above , the Institute shall e,,ecute and deliver to MAA a 99-vear lease, in a form and sub- stance acceptable to MAA, to the land area adjacent to Lot 2 , more particularly described in Exhibit B, for the purpose of outdoor seating for 1,L kA events . The lease shall provide for a nominal rent of $1 .00 per year to be paid in advance by MAA and that MAA shall be responsible for the maintenance and upkeep of the area subject to the lease, at its expense . D. Liability Insurance . With respect to the land area subject to the parking lot lease and the seating area lease, MAA shall obtain and maintain a policy or policies of liability insurance in which the institute is a _named insured . Both land areas shall be maintained in a reasonably safe condition. E . Purchase OotiC_ii Frey ;nd .'ter the date of convey- ance , each part-v shall have th,e right and option to purchase the properties of the other within the Meadows SPA for the appraised value of the buildings and imprcvements located thereon , e::clu- tk==rU 'r5 _ . ._4.`'; ? 16: _,1 Rer $45. c)C) BK �' PG 839 'silvia Davis , F'itl::in Cnty, Cler-I:: , Doc $ U - sive of any land value. The right and option to purchase shall arise in the event either party should offer its property for sale , vacate their operations at the Meadows for a period of more than two years , or change the purpose and operation of the organization so that it does not qualify as either- a charitable or educational organization pursuant to Section 501 (c) (3) of the Internal Revenue Code , as that section is applied on the date hereof, and/or as determined by the Internal Revenue Service . For the purpose of the foregoing, property shall be deemed "offered for sale" on the date that the selling party enters into a listing agreement with a real estate broker or undertakes other affirmative action clearly evidencing an intent to sell. Should any of the foregoing events occur, the party entitled to exercise the right to purchase shall give written notice of its intention to exercise that right to the selling party. In the event that the option is triggered by an offer of sale , the notice shall be delivered within 60 days after the party with the option to purchase receives notice of the selling party' s intention to sell . Otherwise , the notice shall be delivered within 120 days after the party with the option to purchase receives notice of the event giving rise to that option. The parties shall then mutually agree upon an appraiser who shall conduct and complete an appraisal of the buildings and improve- ments (exclusive of land value) subject to the option. If the parties cannot agree upon an appraiser, each party may select an appraiser and the average of the two appraisals shall determine the option price. The option price shall be tendered in cash or such other form as is acceptable to seller within 60 days after the completion of the appraisal , and the selling party shall execute and deliver to the purchasing party all documents which may be required in order to effectuate the conveyance of the property and improvements . The foregoing provisions notwithstanding, and except for an option to purchase triggered by an offer for sale , the party whose property is subject to an option shall be entitled to cure the circumstances which gave rise to that option, should such party so desire, within the notice period provided above. Furthermore , nothing herein shall be construed as creating an obligation to exercise the purchase option, and the party with the right to purchase may elect to waive that right at any time . Should the party with the option to purchase fail to provide notice within the time allowed above , or to tender *the purchase price within the time allowed above, the option shall expire and thereafter be of no further force or effect. F . Purchase Option - Asuen Center for Physics . The parties contemplate that the Institute W411 enter into an agreement- with the Aspen Center for Phvsics ( "Physics" ) in a form and substance similar to this Agreement, by which the Institute will aaree to convey certain property within the Aspen Meadows SPA to Phvsics . Pursuant to terms and conditions similar to those set north in paragraph E, above , the Institute may obtain -}ci; }5J $4--. 0ii rF•. . 67 rte 840 Silvia Davis , Pitkin Cnty Clerk , Do. $. (-)(-) an option to acquire the Physics land and improvements and Physics may have a reciprocal option to require the land and improvements of the Institute . The parties hereto agree that any such option which may be granted to Physics to acquire the land and improvements of the Institute within the Aspen Meadows SPA will be subordinate and junior to the option granted to MAA herein. Furthermore, in the event MAA obtains an option to acquire the land and improvements of Physics , such option shall be subordinate and junior to any option which Institute may obtain. G. Agreement to Share Facilities . In connection with the conveyance contemplated herein, the Institute, MAA and the Aspen Center for Physics have entered into discussions and negotiations for an agreement whereby each party shall be entitled to utilize the facilities of the other on a space and time available basis . Such agreement shall also address the use of irrigation water, irrigation ditch maintenance, road and grounds maintenance, and reciprocal easements for access across each entity' s property. Although the Institute and MAA will continue with good faith negotiations toward a three-party agreement, this Agreement is contingent upon the execution of a shared facilities agreement between at least the Institute and MAA. H. Miscellaneous Provisions . 1 . Time of Essence/Remedies . Time is of the essence hereof. If any obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: a . If either party is in default, the non-defaulting party may elect to treat this Agreement as cancelled, or may elect to treat this Agreement as being in full force and effect, in which case the non-defaulting party shall have the right to specific performance or damages , or both. b . Anything to the contrary herein notwithstand- ing, and in the event of any litigation arising out of this Agreement, the court shall award to the prevailing party all reasonable costs and expenses , including attorneys ' fees . 2 . Status and Authority . Each of the signatories hereto has the right , legal capacity and authority to enter into this Agreement on behalf of their respective organizations , and such organizations have the right , legal capacity and authority to enter into and perform its obligations under this Agreement and the documents to be executed and delivered pursuant hereto . 3 . Entire Agreement . This Agreement constitutes the entire agreement between the parties hereto and supersedes all prior and contemporaneous agreements , representations and under- standings of the parties regarding the subject Natter of this Agreement. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by the parties hereto. 41-4Cc?45 ()1/224/9'21 16: 31 Rec X45. r_,f_) BF:: 667 PG 841 Silvia Davis., Pitl.::in Cnt; Cle r- l' o � n c 4 . Counterparts . This Agreement may be executed in one or more counterparts , each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5 . Binding Effect/Assignment . This Agreement shall be binding on and shall inure to the benefit of the parties to it and their respective successors and assigns . Neither party may assign its interest or obligations pursuant to this Agreement without the prior written consent of the other party, which consent may be withheld for any reason. 6 . Notices . All notices or other communications under this Agreement shall be in writing and shall be deemed to have been duly given when personally delivered, or on the third day after mailing if mailed registered or certified mail, postage prepaid and properly addressed as follows : To the Institute at: Aspen Institute , Inc . Administrative Offices Wye Center P. 0. Box 222 Queenstown, MD 21658 To MAA at: Music Associates of Aspen, Inc . 2 Music School Road Aspen, CO 81611 7 . Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Executed by each party on the date set forth below each signature. ASPEN INSTITUTE, INC . By: Title : !AU&'X4 ) s Date : Sk-Oki MUSIC ASSOCIATES OF ASPEN, TNC . By: Title : Z Date : 7h-74-1 2 ! 1 Y Z 3 ^ ^ 00 BK 66. ~�� B42 #340945 01/24/92 16: 31 RecC$45. , Doc $,00 via Davis, Pit k in Cnty sil By Title: Date: ' Z 3/""D 9- -G- tk54i X945 C I/ '4/9^ 1.E.: 31 flee I>45. �?U Eq Q�8 r F'6 843 Silvia Da.vi�: , Pitk:irn Crity Cllr--I.:: , Doc . GO H H tz1 • 78594. _ -' \. \ • rin '861 -�7x56.3 Qf.T al[ Res on i ` \ -Trail Fasernpe-ni a - a ' Grade 78 56.4 ^� ^' �l \ �y ��� ,! \\;` �,, .7/ s�.t� , \� -- Existing Serv;ce Road J �� L l 785 7.3 .1 \\ � `� — - �` '� �.�.� _- < ._•-_ _ J ,-� — � 'S :783 eE Paepcke 1 o , i ^'. �\ r' �/ 589 ~ � ^�' ` - ,_ -� .. _ - .-_. ,..�,...---`�,-�-• / ,I _ I Existing paved ar?cin 91 spaces SOUTH ' i f f�,� ERLY POR i �• �; s �-t6 a y 7aGSV• 1 1� 64 es \7865.4 - - r• ��;'-��� �. i• Ga if _?g945 C 1 :'24i-2 1.?,a 7 1 F,E-c 4145. C)i_ Bf:' f57 Pia 844 Silvia D F'it!<:in Cnty ClerI:: y Do_ Exhibit B =i MUSIC TE 1T ®, '!9•`i �` ��o:.•"` t �` .64 x• • .; .�p. � Jam.` �- ��p�. p � "�_ L) T�c!-F Llt11E of _.o��. ��� �P,r HARRY �� TEAGUE ARCH ITE.0TS. •• �- s�- xiKcto et smi 23 tjcj"E. J. �.}t2iSSfQ t FA.X.I I}T!t t � �. •• �, ��� �bN.���p��N r1'�5rlrcr�- E�SE�EN7• • v 3� �oK EX>°,s.1�to� ��'g7-' S l aE SE",4.1'r�6 ORDER OF RECORDATION 64,7/7mq 1. Power of Attorney - A.E.I. 4, 4,q 7 y l�.►� 6&71,130 2. Corporate Consent Minutes - Institute 00 4-00 3. Development and Subdivision Agreement - X-REF Pages 8, 16, 19, 24 & 28 g-� 4. Plat - X-REF Dedic. Para 2; Notes #15 d8 5. Statement of Nullification - Sig. b City (0(o7 ON 6. Declaration & Grant for Benefit Lots 5&6 - X-REF to Plat P1 & SPA Agm't P4 &I /gQ07. Declaration & Grant for Benefit Lots 7-10- X-REF to Plat P1 & SPA Agm't P3 �, 8a4 8. Special Warranty Deed - Water Rights ��Ig Raw Water Agreement - X-REF P.1; Sig. b Cit y y & -71�3S 10. Deed Lot 1 - Savanah to Institute - X-REF to Plat 0107'9 36 11. Deed Lot 2 - Institute to MAA - X-REF to Plat 1?44 12. Deed Lot 2 - Savanah to MAA - X-REF to Plat y�3. Deed Lot 3 - Institute to Physics - X-REF to Plat `Sa 14. Deed Lot 3 - Savanah to Physics - X-REF to Plat & to SPA Agm't &6111g63 15. Shared Facility Agreement 0 ` &O 16. Power of Attorney - Marqusee to Hecht 17. Deed Outlot B - Institute to Marqusee - X-REF to Plat / /I 18 . mana_Mmiis-ckcuora.Lsc _1_ /HX r4q--T:Ern � 1