HomeMy WebLinkAboutcoa.lu.sp.Aspen Meadows Closing File.1992Aspen Meadows Closing files for
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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.cls
+4*340939 O 1 /� . /92 1 j: 2 r R-ec. $15. t=ri r DV' 667 PG 91 1
G i 1 v i as Davis, F' i t_ t:: i 1 i C' n t_ f.:1 E:r r t.: Doc-
NULLIFICATION
OF
STATEMENT
OF
EXCEPTION FROM THE FULI, 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effectively been superseded by the conditions of approval placed upon the property described in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
WIIEREAS 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, 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. /� IL
IN WITNESS WHEREOF this instrument has been executed as of the ►O day
of tKV1 AA, 1991.
THE CITY OF ASPIF,N, Colorado
By: (/�Z/ , like
6�
(Signatures Continued on Page Following)
If-3AC)9:39 / '4/9? 1fru'?7 Rt;-lc-. $15.00 L 667 F'G: 812
Silvia Davis, Pi.tk:irl Cnt_y CJ.er"fc. Doc_: $. >c>
THE ASPEN INSTITUTE (formerly The
Aspen Institute for Humanistic Studies)
By: \-N'.S�Nv R?,-,
SAVANAII LIMITED ARTNERSIIIP, a
District of Columbia limited partnership as
successor to John H. Roberts, Jr.
By: ASPEN ENTERPRISES INTERNA-
TIO_NAL,,INC., its-k3eneral Partner
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me t s �" d"ay of
19VI.,,, by _a--1 �— u-z�as
of THE CIT=my
N.
hand and official seal.
`��„ • Fl My commission expires: A
. (SEAL
iAT.ATE -Qe COLORADO )
£ ° 14 c °� ) ss.
COUNTY OF PI KIN )
-IL
The foregoing ' tru ent was ackn r
ged before rr� this day of
�uw as r(li e�+
o 'TIIE PEN INSTITU��(formerly known as he Aspen Institute for Humanistic Studies).
WITNESS my hand and official seal.
My commission expires: ' , / a , � 3
(SEAL)
Notafy Public
(Notarial Clause Continued on Page Following)
#k3409..: , O1/24/9 '' FEac i 15. ( Bf:: 667 F'C 913
Silvia Davis,, I='i.t.ki.n C:rIt.y Clerk:, Doc. $,�'�;
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrume t was acknowledged before mw1b
his da o
G , 19Q, by as c� r
f ASP ENTERPRISES INTERNATIONAL, INC., general partner for SAVANAIi
IIVIITED PARTNERSHIP, a District of Columbia limited partnership.
WITNESS my hand and official sea
My commission expires: % • /;) . R
' ($EAL)
savanah\docslnullific.0I
' # 340942 c� i / �4 / 9 2 i b : 30 Rec $2c_�.00 BK 667 PG 824
' C 1 er• k: , Doc $ . cl c��
Silvia Davis, Pitk:in Cnty
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 "A" 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. ,
7 L.
SIGNED this day
0 0
C
of (A^Vk kA.,,
SAIIAH
District
partners
By • A' SP2
H\ TIQANAL,
By
1
1992.
LIMITED PARTNERSHIP, a
of Columbia limited
hip
N ENTE ISES INTERNA-
�NC .
/ l�
1 0 �'F4L-`T-
#340942 Q1/ 4/9. 16:30 Rec $'20.00 Elk:: 667 PG 825
Silvia Davis, Pitkin Cnty Clerk:. Doc
STATE OF�J�OrAJO )
ss.
COUNTY OF ► ( ) / 1 L
T foregoing instrument wa ackn ledged before m&partn
s 1p 1
day of u 1992, by �MG��►1�RiMlry as
of ASPE ENT PRISES INTERNATIONAL, INC., a general r of
SAVANAH LIMITED PARTNERSHIP, a District of Columbia limited
partnership.
WITNESS my hand and official s
My commission expires: "7. /a, g
( SEAL)
0258ADWD.01
0
#340942 r71/24/92 16:30 Rec $2 t°it0 Eft': 667 f"'r 826
Silvia Davis, Pitk:in Cnty Clerk:, Doc $.G(-)
' is --npcL
1,11'(;AL DESCRIPTION
A Ili -,'I of Inrid locnted w•ilhlr f,ortlow. of the North 1%
of Se: tion 1:, nnd tl,e Soul!) 1::' Sccllon
1 '('►+rnship 10 South, Rnnoc f.5 V:est of tl+c (+►h f'rinclf+lc 1.4eridinn, lltkln Ccunl�, rlDlf o!
C,+lnrndo heinh more p:1r6culml• dG.crihcd rrc follo.ae:
ricfinning lit the cenirr ncnrlh 1/1G corner of sold St..ctlon de Mird ns r;uch or; the 'PIP.: of
mp,.-t1 Men(Inwr, Suhdh'isinn ExctPti(w' and hcinr r found in pinee 31t: z 1 Inch Fled
fhrn.r N F4" 14' (>0" W. ninny the nnrth Irnc of btn bcnnc Lot Split 1,U1)d'Iv1slnn and Cz.sllc
Crr( I: Suh(11oglon, 797.62 Itct to Itic casterl)' lint of F'.ccl Buttc %_•cnictcr) ; Tltcnct nlonF tht
enstcrlr hounder%. of Fait; Red Butte Cemetery, the following nlnt (9) course^
1)
N 17 40'
1. " E, 94.75 feet;
?)
Tizcnee 14
13' 0 1 ' 35" W, 65-CyJ feet;
3)
T t,cnct h'
I 33' 10" 1r, 96.62 feet;
4)
Th:nce N
1' 50' 2C" E. 114.04 Sect;
�)
Thcncc N
14' 3W 25" `A% 64.31 feet'.
t+)
l'hcnct N
4^ CIS' 30" W, 286.13 feet;
7)
Thcncc N
21' 2F.' 50" W, 171.56 feet;
N
16' 21 15" E, 305.F2 IFCel;
))
TIItnct N
1' 02 20" W, 22.36 feet;
�' 3i 1- (I(f" r 3F.99 feet•
;�lu•n�c �' Ffi° 35' 15" E. 3"2.5:.' feet; iltcncc h . � •
•.r o! .mot W. Blaci vir:f; l��t^ter•
il,�•n::•'N (IG' 1f'" «', 14.77 feet to Iltc soulhc.a corn '
"Ir: n c nlnnE the ersterl�' houndRn' of G+td Blnct: £iir h LetnIGC. the follow ink fr+ur (41 tours=.:
N 2 "' "" 199.72 feet'
;fiend: N 14' :7' (i3" W. 1 19.6 i f:c';
Trt:rct N 15' CZ0;?" E, F,4 24 fee:;
hence N 52' 1S' 0-E, `-.1F f: to th• ,ert�r !:^' cnt-rs:clior of tit: fcnnrini., ? c+ri:
River nndtt Cnmit Creei;i
i'ru r+_c s�ulhenstcri�' annrnximnttly 3!l;Yi it:t r lnn� flit c.•nt_•rllr,c 07 tht F:onrinC fort 1.ivc:,
hcin� dcscrihctr Oy ttit fo',lowinF scvcnte
cn " ?; cc+urst�s for the nurnns: of r.crcnst ca1C.:lDtio
oni;, and is no,. intcnd:d for ttt: estahlisltmcnt of hnundnr. tin-
Ther,ct S 4 10' 12" E. 126.35 fe:';
^� ;nence S 64' 1f Z2' r, 131.86 fee!,,
:1) Thence S F2' 09' E, 3f;4.76 feet;
4) 'thence S 5rr 54' 59" E, 92.62 feet;
5) hence S 17" 30' 4G" E, 203.65 feet;
F) Tliencc S 19' 45' 09" Vt', 250.14 feet;
Them: 5 1Cl22' O�" V;', 1S2.51 fcct;
t;) Then= S 4'' 55' 0.1 r, 1 19.52 feet:
�1) 'Thcncc S S2' 30' 40' 1-, 269.07 feet;
1(t) Thence N 76' 40' OP," E, 141.4o feet;
1 1) T t,cnce S 6 4 ' OF' 110 E, 120.4 Z feel;
;r) Thence S 51' 11' 12" E, 217.42 feet;
13) Thence S 70^ 55' 07" E, A'35.71 feet;
14) Thence S 35" .5 4' 3R" E, 16Z.80 feet;
15) 711Cnce S 9' OW 17' W, 129.26 Nc1,;
16) 'Iircnce S 41' 2G' 27" C, 115.37 feet;
17) Thence S 70^ 13' 47" 021.93 fct'1 In n rolnt nn the wcntcril' hr+"ndar� Ilnc of Lot lA
Second Aspen Comps ;uhdiviSiun;
R _942 c)1/^4/92 16:3Ct RL-c $-710.0C) 1=iF: 667 pC 1327
Silvia Davis,, Pitkin Cnty Cler•t::, Doc $.Ct()
Thcn.c ni(rnd the westerly hrtundnry of Sn1rl second Aspen Company Suhdivininn, the following
kvn (.) cnurset:
I) 5 n' 27' 00• L, 47M.00. fcct;
3) i'!►cnee S 1G' 3" (►;)" E. 7Z3.9fr feet to :. paint nlnng the north fight-nf-w'ny of Gillespie
Avenue;
TI►cnce N R9" SR' 15' W nlong the nnrih riEhl-nf•wr.v of nnid Gillespie Avenue, S69.13 feet to
the �r esl rlghl•nf-way of Sixth Street; Thence nl(tnp the west right-nf•kvny Of Sr►ld SIx1Ft Street
u• 1:' Ott" F, 199.71 feet to n palm n1ong the north riplu trf-w y rrf Nnrth Strt-et; 'ihencc nlonF
tln nnril► right-of-vrfly of s.ild Norih Street N 75' 1:.' (►tI" %A,, 269.67 fcct; TI►cncc S 14' 47' 30"
W. 9,66 feet to n paint ern th- /aspen T(twimlilp t,lne 5-(r; Tlivnec N fir`' 3fl' V1" W nlong said
ircrt Tr,%Yns1 p LJnc, 4Nr..R(1 feet to . paint nlong the cnrt rig ht-ol`-� :iy of the errlglnnl Mendnws
Rrr:ul; Tlicnce niong Enid ens: rlFhl-of-\vn}' of raid Mcpdowr, Rond Ilse f(jil(twing five (5) cnurscs:
1) N (r 54' tin" W, 400.71 feet;
j Thence N f,�' 21 ' 00" W, G. 2 feet;
3) ''itcrtcc N 0' 54' 0;1' W, 1S.i2 feet;
:) Thence :!ong the arc of r. curve to cite right, hnvinE :. radius of 14t13.t19 feet, a central
angle n; fi' 33't^" for nn me iengtl. of 209.411 feet, and -whose Chord hcnm
N 3G' C,2n,',2G feet;
�) ; t►encc N "' 39' '✓, 296,47 feet;
^,'►rcrrc•c 1� Sl 14, n^' V.,, f;4,2, feet to lit- -1nit ('(tint 0- ritpinning and contniniq R4.536
:i:*rt more nr Ic
#340943 C:)1 /24/92 1 6: 30 Rec $315. 00 Bf:-_ 667 F-'C 828
Silvia Davis, Pitkin Cnty Clerk. Doc- $.(-K-)
RAW WATER AGREEMENT
THIS AGREEMENT, entered into this day of S Aau Arq ,
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 ,
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 terms
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
#340943 C)I /2 4/92� 16: 30 Rec $35. i)() ELF:: 667 Pr 829
Silvia Davis, Pitk:in Cnty Clerk:, Doc $.Cy(-'
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.
9
#340943 01 /2 4/92 16: 30 Stec $35. 00 BK 667 PG 930
Silvia Davis, Pitk:in Cnty Clerk:, Doc $.00
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. 14, 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
t#340943 i_?1/24/92 16:3O Rec $35.(-)(-) E3K: 667 PG 831
Si1_.via Davis, PitlAn Cnty Clerk, Doc $.t>c-,
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.
Attest:
Kathryn S. Koch
City Clerk
APPROVED AS TO FORM:
_-1
Jed Caswall, Esq., City Attorney
John D. Musick, Jr., Esq.
Special Water Counsel
Attest:
Secretary
THE CITY OF ASPEN, COLORADO,
a Municipal corporation
THE ASPEN INSTITUTE, INC.
By
AVANAH LIMITED P THE4SHI
S C �Kerift-jJ�n �/'�M11dh4�, -Tra' �^
/ o (1J1�{ ►4 ion
1 y
of s r641
IN TK-t U
4
#7540943 01 /24/92 16: 30 Rec $35. 667 PC:', 832
C i .l v i a Davis, P i t l•:A n C ri t. y C l e r- l•:: , Doc $. (-) (-)
STATE OF COLORADO )
COUNTY OF t 4 k i n SS. )
Witness my hand and officia
My commission expires:%'/,,?-
STATE OF COLORADO
{L
re me this
t,j as
as secretary of
SS.
COUNTY OF PITKIN )
T e oregoing instrument was acknowledged before
me this14
�/
('
day o 1992, by
City of pen, olorado.
�a�, as
' Th A elf rvM
11 1`
�
of the
� �.-
Witness my hand and officia
se 1.
M commission expTres:
A11
STATE OF
SS.
COUNTY OF 01
1C n ) 11
t�
The foregoing instrument was acknowl ed before me this
day of 1992, by to A as a �nt�- r J •
game- of Savanah Limited PartnershikD.
Witness my hand and official seal.
My commission expires:,)•/..13
0258ADAG.02
9
#340943 01 /24/92 16: 30 Rec $35. 00 Bk:: 667 F'S 833
Silvia Davis, Pitk:in Cnty Clerk, Doc $.c_>c_t
_''tc ?-.nr;cn l-'tn6ctWE
I,l GAI, DISCRII'TMN
A of I:1nd locnied w•ilhir porllorls of the ►:nrttt 1% of Se.^tinrr 1'. nnJ the Soul!) I..' Scclir,n
1,'I'ownship 10 South, F.nn�c F5 V:rs1 of tlt[ fth f'rinc}1,ic 1.1eriJinn, T`Itkin Cr,unt�, Stotc of
Cnlm."do 06nh more 1"nrticulnth. described roc frAlow•c:
ficFinnlnl; ttl the cenlrr north corner, of sold Sr.:tlnn de:crllTeJ ns Fuch or, the
Iltr mp--il t,1cAtIm".'s Suhdlvlt im Exceptintt" nntl h-.inr r; fnund In pIncr 3r: z 1 ln.ir ticcl h:.t.
Thrn.e N F4' 14' W' W, ninn; tttt nnrih t:nc of Bc•n Dcnnc Ull S1flil Subdl\'islnn And Cr,stic.
Crrcl: Suhtli�'Iilon, ?97.1i2 feet to the easterly line of Ficd Butte Ccmtter)•; ?hence nlonF tht
cn�tctl} boundary of &mid Red Butte Ceinelery, the follow ins nine (9) cnuru'ct:
�1 Tlunce h' 1" 01' 35" V�', fiS.Ua feet;
3)
Thcnet 14
11' 33' 10" F, 96.62 feet;
4
Thence N
'.' 50' 2C" E, 114.04 fcct;
�)
Thcncc N
14' 30' 25' W, 64.31 feet;
r;)
flit: nce N'
4" 08' 30" W, 2Fif .13 feet;
7)
flt: nee N
2I' 2F.' 50' W, I71.56 feet;
t:)
'hence h
16' 21' 15' E, 305.F2 feet;
))
Tutn:;t N
1' C2' 20" NN', 33.36 fcc:;
I rr.c h Ff:° 35' 1 `" E."3'�.5� (cct iitcncc t: `' 3(" O,'l" r. 3F." f cet;
i nc n.c N 7 tl(i' IP' Wf 14.77 feet to the south corn^.r of Lni 1t1,
Ir:n'c nlonE the er.;terly boundary of r-11d B)nct: 5irrt: attntes, the follouin� lout (�1 cc,urs^.:
�-,• 5,4' 0:!' NV, 199.72 foe'.;
"�tcnx t� 3<' :7' (13" �.'• 11S.61 fc•e';
ntrct N i" C3' 1t;1" F4.24 tee:;
tt^n;c Tt 52` 1S' (t^" fee' to t}u c^ntt' ':•.- 'nr::!,SC !inr c,f tit: Fcnnrin rnri:
E, .. _
River nn� Cnttic Crecl:;
I to nee sou:hcatteriv nrnrozimnttla 39;Ki itet tJnn� (ht eentrr;inc n� the F:c,nrinr Fort F.ivc:,
,��" for tl,: numnst of r._rcnsc cnic.antio
descrlhet' ON, the fo;IrnvinF se-,•entccn c ..; c.t L
nni',, and 1s no,. intended for tot r-mblirlimcnt of hnundnn lr.��:
' Thcnc_ S 4 10' 12' r, 1263 ` fee';
Tnencc S 64' 1F r. 131.86 fee!;
3) Tnencc S Fi2' 09' S 2 " E 3Ft4.70 feet;
4) 'iltcnce S 5"' 54' 5S" E, 52.62 fcct;
5) mmc S 1T 30' 46" E, 203.65 fcct;
fil 'Thence S 19''15' OF" w, 250.14 feet;
T� 7nrn=c S 1CC' 22' M" NV 1S2.51 feet;
t;) iltencc S 411' 55' 0 1 ' E, 1 19.52 feet:
v) Thence S 82' 311' 40' E, 269.67 fcc:;
1tt) Thence N 7V 40' OR" E, 141.40 feet;
11) 11ance S 64' OF' 11" E, 120.4Z feet;
Thcnce S 51' 11' 1�" E, 217.42 feet;
13) Thence S 7t1" 55' 07" E, '�35.71 feel;
14) Tnencc S 35' 54' 39" E, 1f2.80 feet;
15) Thence S 9" 06' 17" V,', 129.26 filet;
1 fi) 'Iitcncc S 41' 26' 27" E, 115.37 feet;
17) Tltcna S 70' 13' 47" 1:2.93 feel In n point (in
wrl;tcrl}' i�o'"dart' 11nc of Lot lA
Second Asptn Cnntpn, - hJivltiurt;
4340943 01 /24 / 92 16 e Sr i Rec
Devi=, F'itk:in Bf` 667 PG 834
Casty C1Fyr•f::. Doc- $.0(')
Thrn.c Mon" tilt wemetly hounduy of Snlrl Second /aspen C��mpany Suhdivisinr„ the following
W.10 12, cmlmte3:
3) i'hcncc S 1G' �5' Oti" L. =3.7F� fcc.t Icr t, pnin! nlnn� the nnrtlt rl�ht-of-wny of Gillcspic
/wcnu.;
Thcncc N RS" 56' 1S' "A' nlonr the nnnh of Snit; Gille!�pic Avenue, S69.13 feet to
lltc �� ctt Atilt-of-wn), of Sixth Strce!; Thence nlnnf tilt west right-of-wn}• crf :cnld Slxth Street
E, 199.71 feet to n rolnt nlong tilt north ri or Nnrtlr Strrcl; T Ucncc nlonF
tlu• nnrih ritht-of-wnr of snld tdorlh Street N 7`•" 1:' t)"1" \', 269.67 feet; Thcncc S 14' 47' 30"
W. 1).66 feet to n mint on the AFprn Townshift Line 5-t-,; Thcncc N fr" 30' f1',)` W nlonF said
nsr,cn' o-I'Ship LJnc, 4P.F,-Mi fcct to -. taint nlonr tilt cnst right-of-�� :ry of tlrc orl61nn1 t.�lcadows
1lr�:u1; Thcncc nlnno Laic ens! rlfiht-nf-« n)' ctf said L9endovrr. Road the following five; (5) courst:s:
11 14 (r 54' 00" v,', 400.71 fact;
�) Thcncc N 6" 21' 00'
31 ; rrcrrcc N 0' 54' ();1' 1S.:2 fcc";
.) ?lrcncc.:long the arc of r, curve to tic riFhl, ItnvinF :. radius of 14it3.O9 fee", n crntrnl
r 2 9 I f* and whosc chnrtl hcnrc
an�lc of fi 33'1_ for nn me lengli, ct. (► .St ,
t� 36, E, 2(1!'.26 feet;
Trt�n�c 1�' 39' feet;
^,'orate 1; S4, 14' O^" V�' F:<.2L feet to tit,- Inre Point CicFinnlnl and enntnininl �S `3G
;i:•rw mire nr lens.
C
LUv
�,L m a
ci-�<
��
Ir-
0
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in
#31. 4 01/224/922 16;31 Rec $=.ii._ BF::: 66i PG 935
Silvia Davis, Pitkin Cnty Clerk, Doc $.ii(_)
BARGAIN AND SALE DEED
SAVANAH LEMTED 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 INSTITU'rE W iose 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 (tile
"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 -5— of the Pitkin County, Colorado
real property records.
I]L
Signed this lo day of t &-vk 1991
SAV AH LIMITED PARTNERSHIP, a
District of Columbia limited partnership
By: ASPEN ENTERPRISES
C �
v 'I
U
STATE OF I ,J )
it
, ) ss.
ti
COUNTY OF ► )
L.
The foregoing inS
tru ent was acknowledged befoU
this da of
,19 ,by A►m as t
f ASIJN ENTERPRISES INTERNATIONAL, INC., a general partner of SAVANAU
LMTED PARTNERSHIP, a District of Columbia limited partnership.
WITNESS my hand and official seal.
My commission expires:
1
(SEAL) 1 1
Notary Public
�.AM III t:IIES d KNEZEViCH PG 11
Third I! ." Upon Plaza Budding savanahWeedslinsticut. b&s
333 Ease Ilupkuu
Anpm Cokw,do 81611
#3 4 01/24/92 16.31 f;ec st,5.cic, Bh:: 66i PG835
Silvia Davis, Pitk:in Cnty Clerl-;:. Doc $,I-1cj
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 ($10.00) and other good and valuable consideration
in hand paid, hereby bargains and sells to THE ASPEN INSTITUTE Whose address is
1000 North 3rd Street, Aspen, Colorado 81611, any right, title or interest that it may have
in the following real property in the County of Pitkin and State of Colorado, to wit (tlie
"Property"):
Lot 1, The Aspen Meadows Subdivision,
according to the Aspen Meadows Final
S.P.A. Development Plan and Final
Subdivision Plat recorded in Book 49 at
Page :5- of the Pitkin County, Colorado
real property records.
L
Signed this h day of l vw 1991
SAV AH LIMITED PARTNERSHIP, a
District of Columbia limited partnership
By: ASPEN ENTERPRISES
STATE OF lyjl--
114),, ) ss.
ti
COUNTY OF L ) 1 L
The foregoing instru ent was acknowledged before ► this da of
►w�. ,19gtby r /am /1 as k 4t Aki
f AS N ENTERPRISES INTERNA IONAL, INC., a general partner of SAVANAH
LIMITED PARTNERSHIP, a District of Columbia limited partnership.
WITNESS my hand and official seal.
My commission expires:
(SEAL)
No ary Public
1AIM 111 W;1U5 k KNETEV1Q1 PG
[bird Il . r..kspen Man Building I savanah\,iuds\institut.b$s
535 Eaw Ilupkinb i
AIIWM Colundo 81611
tt340945 (:)1/='�t/9:' 16.:31 Rer_ $45.00 i31::. 667 PG 836
Gilviat t)�:�i Pitkin CntY C;1t:>i^k:y Doc
BARGAIN AND SALE DEED
SNc
THE ASPEN INSTITUTE,Aa Disbiet=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 prTit
erty records.
/
Signed this b day o\ G►rw4 1902
Subject to attached Conveyanc Agr_ ment.
TNG
TIIE ASPEN INSTITUTE, Aa Colorado
corporation (formerly known as The Aspen
Institute for Humanistic Studies)
By:
STATE OF l JuroJO
)
1 ) ss.
COUNTY OF t 1
�L
The fore t g in trument was ackno ]edged befgrf me t is � day of
1991, by J L as t I
TIIE ASPEN INSTITUTE, "Colorado c rporation (formerly known as The Aspen
Institute for Humanistic Studies).
WITNESS my hand and offi
My commission expires:7. i
(SEAL)
,1i1, 111 a.111•S6 KNE"LJNI(711'(_ II
„d I lu,n, AaIK"rlua Uu11dl„g aava"ah\dccda\musicaaa.b.&a
555 L'au Il,pdcl,u
Min u. Colu,.,Jo 81611
na 1na�mSs I;rrr'.wial r.c
.try li.wK. Asp'u 1'lui'Uullilh,Q r,
51S East Ilopklm -
A,1—n. COIUrj,W 81611
#k340946 C)1 /:24 /9:2 16: 3272 Rec r3k' 667 F*G 845
Sil.vi-A Davis, F'it_t.:i.n Crit:.y flle-irt:, 17(:)c-- as.00
BARGAIN AND SALE DEED
SAVANAH LIMITED PARTNERSIIIP, 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 TIIE 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 (tile "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 � S at
Page _' of the Pitkin County, Colorado
real property reco ds.
Signed this 6 { day of Cklw 199�
SAVANAII LIMPI'ED PARTNERSIIIP, a
District of Columbia limited partnership
By: ASPEN FIT
INT�RNATI014AJ_, ]INC,
By:
STATE OF
SS.
COUNTY OF /0,/ 1�t-/n I )
The forego n instrumeq was acknowledged before me this day of
1992,9b ,�-I- as_j ~•c� -fecc
of SAVA II LIMITED PARTNERSIIIP, a District of Columbia limited rtnership.
WITNESS my hand and official seal.
My commission expires: ,1 l �/ r, S- /
otary Public
savanah\dccds\musicass. U s
It140477 C)t /2-1 /9 ' 16. —3`2' R,ec_ Ali'2 c o Eit; 667 F'G 646
Silvia Davis, Pi -[--kin DAY Clerk, Dac_ `ti.00
BARGAIN AND SALE, DEED
lac.
THE ASPEN INSTITUTE,Aa 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 TIIE 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 �- at
Page -�' of the Pitkin County, Colorado
real property records.
Signed this 6 , day of l f " ,
19
Subject to attached Conveyan Age ment.
Z"Jc .
THE ASPEN INSTITUTE,/\ a Colorado
corporation (formerly known as The Aspen
Institute for Humanistic Studies)
B y: A-SV k,
STATE OF � 1PYJ4 )
SS.
COUNTY OF 4 lco )
•� l
The forego* g in trument w s ack o ledged bef9r� me Isis day of
rr �'
l , 1991,by ► , I. v h /� as (A
of TIIE OSPEN INSTITUTE; a Colorado co poration (formerly known as The Aspen
Institute for Humanistic Studies).
(SEAL)
WITNESS my hand and offi
My commission expires: T
�lYS. 1 B a:I BS& KNE2EY10 I P.-
II
nird flour, Asia•" 11lua Building uvanah\dccdslphysics.b&s
533 Easy II.,pklns
All —I. fulurmkr 81611
;%1" IIIKAIPS& KNM- M01 VC
bird I lom, As1xn Plaza Building
5i5 Fam I1,,pkirw
Aqx", Culuru In 81611
c"�j.1: 't, �._. 1E.>: Rcic t>'1i) tsF:: 667 F'G 851
434w,48 i
'` i
Ci i i. ,,i i La. Davis,
rJ C; r , t: ;� C;1 F, I . t:: , D c., c::
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 BookyL at
Paged 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. Signed this 6-IL day of Qn,v 1992.
SAVA All LIMITED PARTNERSIIIP, a
District of Columbia limited partnership
By: ASPEN ENTERPRISES
v ,
1
<Ett4
(Notarial
•
#340940 _ _/24/92 16:33 koc $10.00 B.•.. 667 F='G 852
Silvia Davis, Pit[. -.in Cnty Clerk, Doc
STATE OF 1 o f )
SS.
COUNTY OF
4L
The foregoing instru t was acknowledged before e this day f
rv�r ,19�, by r I n m � as A ��!'n �. �.
SA NAH LIMITED PARTNERSHIP, a District of Columbia limit d partnership
by AS N ENTERPRISES INTERNATIONAL, INC.
WITNESS my hand and official seal.
My commission expires: 7. /a, 9 3
i M.-JSEAL)
Notary Public
savanah\deeds\physics2.b&s
#340949 01/24/92 16.33 Fec c_rc_y Pk: 667 PG 853
Silvia Davis, Pitkin Cnty Clerl::, Doc s.nO
SHARED FACILITY AGREEMENT
This Agreement is made and entered into the _a• day of
�,-W0" , 1993. 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").
RF.C'TTAT,G
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 Citv of Aspen, Colorado.
3. It is the intent of the parties to set forth in this
Acreement.. the terms and concaiticns under which each partv 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 hereby agrees to make its
meeting, conference, assembly and/or performance facilities
available for use by the others on a first -come, -first-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::clusions. 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 MAA
and Physics and on a space available basis.
2. Written Reauest. All requests for the use of a
facility, Anderson Park or the Marble Garden shall be in writing
and executed by the authorized representative cif the requesting
party
rty and shall set forth therein tl.e date cr dates and tlr.es of
40949
3 1 vi a Davi <- 16:.33 5. rip Ei:-- 667 PG 854
�, Pitk:in Cnty C1er[::, Doc s.Gt';
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-
incr the facility shall be responsible for any clearing 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 1, DAy of U-NN# 4 1991, and
shall continue for a period of ten (10) years there -after. The
term.shall automatically be extended for successive ten (10) 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. ??ecin_r_c_cal Access Easements. The parties herebv
declare that all pedestrian walkways which now e::ist or may
hereafter be constructed and maintained upon property owned by
26/DD9 -2-
#340949 >1 / . T/9 16: 33 Rec $35. (-.)0 BF:: 66,r PG 855
Silvia Davis, Pitk:in Cnty Clerl:, Doc $.(-)(-)
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 therebNr. Notwithstanding 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 restaurantand 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. [dater 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 e:,change, 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-
#?40949 Ui /24/9C 16: 33 Rec $35. 00 Bk.- 667 FRJ 956
Silvia Davis, Pitk:in Cnty Clerk., Doc
E. Miscellaneous Provisions.
1. Status and Authoritv. 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 Marty 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 Ph-sics at: 700 Wf5r &',LL65 f(1 ST
26/DD9 -4- ASPQ''' ('010 V"t
S49 i 1 + r_!1 ;�2, � 1 j }
J. 9�
V . c f .�
a Davis, F'i tl::i n ,e5. tic! BV.' 667 pr Cnty C1 er' :: , Dom 857
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 NSTITTJTE,
By:
Title:
- tO
Date: S'A,N 2 ! 992
14USIC ASSOCIATES
OF ASPEN, INC.
By: >
Date:
By /
Title:-d'L�,;�e �
Date : -Yh-t'' 2
ASPEN CENTER FOR PHYSICS, INC.
By:
Title:
Date:
26/DD9 -5-
a#340951 C) 24/92 6:;3.1 Rec- $15.00 }3fc: .07 PG B&I
i 1 vi a I7LAvi s , Pi t.:I;i n C:;r)t_y C1 crI 1)C3c.. $. C) C)
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
recorded in Book 1? at Page :, of the
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
By
Andrew V. Hecht, its
attorney -in -fact
C\C:� By:
EI340915il i;1 /92 IFS: 3fiE?C� �. ()fl i ].via I:)avi _ 1.3p- 6vr F'f, 962
PitV:ir; Cn•t:y CaE2rI.. IJc�c 6car ;
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
The foreg�ing Bargain and Sale Deed was acknowl dggd
before me this ;r day oflanu y, 1992 by f II; e-7 �rli �,
as �lfI to of
THE ASPEN INSTITUTEsN-
WITNESS my hand and offi^inl anal
My commission expires:
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
..The foregoing Bargain and Sale Deed was acknowledged
before me..this 7' '` day of January, 1992 by ANDREW V. HECHT, as
t 114101 4-fact for H & C MARQUSEE, INC., TRUSTEE.
T.NESS my hand and official seal.
....... y} p commission expires:
t •� tdb
W i�
Not ry Public
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OATTS HUGM A KNFEVICH PC
Third Floor. Razz
s Building
533 Ems[ Hopkins
Aspen. Colorado 81611
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, that SAVANAH LIMITED
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, oil
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
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 perrnis-
sion of Seller.
TO HAVE AND TO HOLD the same unto Purchaser, its successors and
assigns forever.
"IL
IN WITNESS WHEREOF, Seller has executed this Bill of Sale the
day of rinv 1991
SAVANAH LIMITED PARTNERSHIP, a
District of Columbia limited partnership
Bv: EN ENTERPRISES INTERNA-
TI AL, INC. n r-
(Notarial Clause and Acceptance of Bill of Sale on Page Following)
STATE OF lv
SS.
COUNTY OF ►. )
The foregoing instru t was acknowledged before this da of
V% , 199 J� by t! as
o ASPE ENTERPRISES INTERNATIONAL, INC., a general partner o SAVANAII
LII�I[TE PARTNERSHIP, a District of Columbia limited partnership.
(SEAL)
WITNESS my hand and off iciq seal.
My commission expires: 7. /a , q_j—
Notary Public
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 implied
as to the condition of such personalty, its suitability for any purpose, or otherwise.
TII
STATE OF )
SS.
COUNTY OF L )
The foregoing instru ent w s cknowledge before me this day of
A VOL ,199).by k ►- t
V-
as I���� t�— of THE ASPEN INSTITU E.-
WITNESS my hand and official eal.
My commission expires:
(SEAL)
Public
savanah `.doc s%institut. b d
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- _ - _ __ 1 . _ i 1
Bedspreads
Blankets
Shower Curtains
Mattress Pads
Dinner Plates
Dessert Plates
Saucers
Salad Howls
Soup bowls
Cups
Wine Glasses
Juice Glasses
Water Glasses
Toaster
Skillets
Pots
Kitchen spoons
Kitchen forks
Kitchen knives
Steak Knives
Spoons
Forks
Spatulas
Feeler
Can Opener
Cutting Board
Kresge Roans
51,
512
521
522
531
532
541
' 542
551
552
561
562
- 571
572
581
5,82 .0
510 520 530 540 550 560 570 580
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2
1
2
1
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1
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1
2
1
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1
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1
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1
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Blankets Shower
Curtains
2
1
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1
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1
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1
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1
4
1
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1
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1
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1
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Pil]as
Pads
2
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1
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2
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1
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LL,-- 16 ":-� 1 102: _ 1Ff l
BUILDING 1 (100'5) FF4E INVENTOR 101 102 103 104 106 106 107 100 109 110 111 112 (12 ROOMS)
BATHROOM/VANITY
VAN STOOL ( WEB)
1 S
1
3
VAN STOOL (FORMICA)
! 1
1 1 1 1 1
7
4 ORW CHEST
I
1
1
uroig RACK
1 1 1
2 1 2 1 1 2
12
SCE
1 1 1
3
BEDROOM CASE 6000S
STD FABRIC CHAIRS
2 2 2 2
2 2 2 2 1 2 2
24
SM FABRIC CHAIRS
0
ODD CHAIRS
1
I
STD RCM TABLE
1 1 1 1
1 1 1 1 1 1 1 1
12
NI_HI iABLE
I 1 1 1
1 1 2 1 1 1 2 2
16
3 OR'WR CHEST
1 1 1
1 1 1 1 1
8
LOW 2 DRGR CHEST
1
1 1 1
4
2 ORWR WRITE DESK
1
I
BEDDING
DBLE BED SET
2 1 2 2
2 2 2 2
16
K14U BED SET
1 I 1 1
4
ELECTRICk F 4 E
�Pa.SS '�A.LL FIXTURE
2 2 2 2
1 2 2 2 2 2 2 2
24
BRAS: DESK LAW
1 1
1 I 1 1 2 2
10
OLD DESK, LAMD
I
1 1
3
TV
1 1 1 1
1 1 1 1 1 1 1 1
12
TEL
1 i I I
! 1 1 1 I 1 1 1
12
. -- -. _
PRINTS
1 2 2 2
2 2 2 2 2 2 0 0
19
M?SCELLA W5 - SERVICE CLOSETS,
EYTERIORS, CORRIDORS
- 2 MAID CARTS, 1 CRIB 6 MATTRESS,
MIS; OW CHAIRS, OL 0 DE,t LPMPS,
FORMICA TABLES, CARD TABLE; FIFE ExTINWISHERS 4 EMER LIGHTING FIXTURES
NOTES - 10b - CLOSET DOOR NANDLE,
109 - CRACKED MIR.RUR,
L)Ll_ LO ' -J1 SIG �l�l'I
BUILDING 2 (200'5) FF&E INVENTORY 201 202 203 204 205 206 207 208 209 210 211 212 214 215 216 217 (16 R
BATHR00M/VANIIY
VAN STOOL (WEE) 1 1 1 1 1 1 1 1
1 1
1 1
1 1 1
i5
VAN STOOL (FORMICA;
0
4 DRWR UEST
0
LT49 RACK 2 2 2 2 2 2 2 2
1 2
1 2 2
2 2
ZB
SCALE
0
BEfiRJOM C.;SE GOODS
STD FABRIC CHAIRS 2 2 2 2 2 2 2 2
2 2
2 2 2
2 2 2
32
SM FABRIC CHAP1 1
1
1
4
ODD CHAIRS t
1
1
1 1 1
6
STD ROUND TABLE I I 1 I i 1
1
1 I 1
1 1
12
NIGHT TABLE i 1 1 1 2 2 2 2
2 1
2 2 2
2 1 2
26
3 DPW CHEST 1 1 1 1 i 1 1
1 1
1 1 1
1 i 1
16
LOW 2 D" C1EST
0
2 L" FORMICA DESK t I 1 1 1 1 i 1
1 t 1
1 1
13
NEW 5TD WRITE DESK 1 I
1
1
4
? DPW WRITE DESK
1 1
1
3
eEDOING
CBLE BED SET
0
KM ?-0 SET 1 1 1 1 1 1 i 1
l 1
1 1 t
i 1 1
16
ELECTRICAL F 5 E
BRASS WLL FIXTURE 2 2 2 2 2 2 2 2
2 2
2 2 2
2 2 2
32
BRASS DE5i LAW t 1
1
4
ASS 51" LAMP 1 1
1
1
0
OLD DESK LAMP (v CoiMTED)
0
TV l l l l l 1 1 1
1 1
1 1 1
1 1 1
16
TEL 1 1 t 1 i 1 1 1
1 1
1 1 1
^----------------------------
1 1 1
16
-----------------------------------------------------------------------------------------------
PR1NIS (NGT COUNTED)
0
MISCELLANEWS - KIMCE CLO$EiS, EXTEP.IGR5, CORRIDORS - 2 MAIDS CAR15, 4 LUGGAGE RACKS,
I LOY BIN, M15C LAt1P SHAMS
MISC TA&ES, 1 lfATEF, 1 TELEPHOtTE, 1 GESI , BATHROOM ON 24D FLO MK OFFICE,
FIRE
FIRE EXTINf�1IAPS i EMER00 LIVIIM; FIXTURES
NOTES - 208 - LEWVJG TOE FAUtEi, CAP TABLE IN 2D5 CiOSiT
ULL- 16 '��l 02: jEFN
F- . t, 1,-
BUILDING4000'S) FF6E INV 301 302 303 304 30S 306 :07 3% 309 310 311 312 314 315 316 317 (16 ROOMS)
BATFROOMiVAN1TY
VAN STOOL ( WEB)
l i
1 1 1
1 1
1
8
VAN STOOL ( FORMICA )
0
4 ON CHEST
0
LU6A O RACK
1
1 2 1
1 2 2
2 2
2 2
2 2
2
2
27
SCALE
--
......
—..............................
0
--............................................................
BEDROOM CASE 6 00$
STD FABRIC CHAIRS
2 2
2 2 2
2 2 2
2 2
2 2
2 2
2
2
32
SM FABRIC CHAIRS
1
1
1
1
4
ON CHAIRS
1
1
2
STD ROUND TABL=
1
1 i 1
1 1
1
1 1
1 1
1
12
NIGHT TABLE
1
1 1
1 1 1
1 1
1 1
1 1
2
1
16
3 DRWR CHEST
l i
1 1 1
1 1 1
1 1
1 1!
1
1
1
16
LOW 2 DU CHEST
0
1 WA FORMICA CESh
►iEW STD WRITE DESK
i
1
1
1
4
3 DRW2, WRITE DESK.
1
1
1
1 1
1
11
8
BEDOiNG
OGLE BED SET
2
2 2
2: 2
2
2
2
2
20
KING BED SET
..................................
1
--------------
1
-------------------------------------------------------
1
1
1
1
6
E:ECTRICAL F d E
9RASS WALL FIXTURE
2 2
2 2 2
2 2 2
2 2
2 2
2 2
2
2
32
BRASS DESK L44'
1 1
1
i
1 1
2 1
1
10
BRASS STAND LW
1
l
l
1
1
OLD DESK LAMP
1
1
2
OTHER STANDING LA'
1
1 1
3
Ty
1 1
1 1 1
1 1 1
1 1
1 1
1 1
1
1
16
TEL
1 1
I 1 1
1 1 1
1 1
1 I
1 1
I
1
16
--------------------- -----------------------------------------------------------------------------------
PP.INTS
2 1
1 1
1
2
2 2
12
------------------------------ ------------------------------------------.-------------------------------
MISCELLANEOUS - 5ERVICE CLOSETS - ROLLAWAY FRAME, 3 MISC SMALL TABLES,
3 OLD c4TKlHG LAUDS,
CRIB
FRAME,
S7A1DING LAKP, 2 .ARTS, 10 Mii+. FRIMTS,
1 '014AIN F(KCA TABLE,
.1 CAPD TABLES.
2 MISC
001R.'
uLl_ lb
j1 LJc:
chalet
Roams
Bedspreads
Blankets
Shower
Mattress Pillars
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
ill
1
2
1
1 4
112
1
2
1
1 4
LE,: 16 '91 0E:3LPM
P.U, ib
ASPEN MEADOWS RESORT
KITCHEN INVENTORY
5EPTEMBER 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 pall 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
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 8"
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 Weareve- wire Screen
5 chafing dish covers
2 Rubber Maid 12.5 gal. container
6 full insert covers
STAINLESS MIXING HOWLS
16
in.
bawl
14
in.
bowl
13
in_
bowl
12
in.
bowl
11
in.
bowl
COOKING Pars
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
L'L" - 1G 71 eJL• J,�1-I I
10 kitchen tongs
I 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 6" 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 juicer
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
? 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
1 tongs
1 wisk
2 1" metal spatulas
1 lg, waring blender (mctor jar)
1 lg. Hobart mixer (metal bowl)
1 Ig. whip
DE(- 1n '-+1 02:.a4RM
P.11�
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 6d/4" plate
215 5.1/4" plate
234 5.1/4" saucer
52 monkey dishes
47 cereal. bowl
171 coup cups
166 coffee cups
96 souffle dishes
370 dinner forks
766 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 largo 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 1g. glass rcund bowl
7 sm. glass round bowl
3 leaf glass trays
DEC 16 '91 02:34PM
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
DE'_ 15 ' 91 JL : j-4PI1
r`. i ill 1
Health Center - FF 6 E Inventory
f f ices
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
ASPEN MEADOWS INVENTORY
SEPTEMBER 1991
ADMINISTRATION BUILDING
2 drawer file cabinet
1 address-c-graph ctilr . l960
1 drop safe 1.
2 desks (1 woo 1 metal)
1 table
2 lamps
1 sign board
1 chair
1 fleg
1 sm. table
2 chairs
1 long table
1 desk ,
1 IBM Selectric I- typewriters
2 room folio buckets w/ stands
1 framed Meadows map - y(�
1 telephone console
2 black benches
1 coffee table
1 long table
1 fire extinguisher
1 water fountain
1 Ice machine
Front Desk Mananers Off
I safe - •
2 coffee tables
1 check imprinter - aQ.�Qcti
2 black 5 drawer file cabinets
1 desk chair
1 dining room chair
1 key cabinet
misc. cash drawers
spare telephones r - o4 UA, - �k-^ ce,•,i,�
Aspen Meadows statiorram-1
DEC 16 ' 91 Gib. _55FN
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 bookcase with 1 set of Encyclopedia Britanica & 1 set of "Great
Books"cif,.
General Managers nffinp-
1 office chair
1 brown leather & chrome chair
1 table
1 desk
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
L,,-'
2 sm. fire extinguishers
1 copper top chest
1 cashiers stand
1 stool
1 lg. fire extinguisher
im- qV*-TM,1f%;R l
1 2 door refrigerator
1 ice machine
1 hood
2 metal cabinets
1 metal sink/cabinet unit
1 metal shelf unit
Rd�
2 antique chests (wood/marble)
1 refrigerator
5 glass shelves
bLi- it '':,i �Jc:
r
1 metal bar sink unit
2 soda gun set-ups
1 glass washer
4 stools
1 piano - JCk",(I•ta-
1 lamp
6 bar tables
24 wood chairs ��-
1 set fireplace tools
.15 black & white prints
.5
2 fake Tiffany lamps
1 set stereo speakers i
1 trash can
2 paper towel holders
1 hand dryer
1 trash can
1 paper towel holder
1 hand dryer
1 copper top chest
1 podium
12 green velvet chairs
16 red velvet chairs
12 blue velvet chairs
Hai lway
1 long metal coatrack
1 sink
1 stool "
ylqunr Room '}
3 shelf units.
1 small safe J
1 refrigerator
2 cassette players
LEA le ':�1 4Jc� �GPII
1'.1(,
built in shelving units
1 desk
3 chairs
2 lamps
1 metal table
1 stereo receiver
�@1.T.-3Mi•Tff
1 desk
I chair
built-in shelves
1 Hobart dishwasher with metal shelves and garbage disposal
I wccd & Metal dish shelves
1 sm. metal sink
1 chalk board
1 fire extinguisher
1 metal storage unit with 2 upper shelves
1 toaster
1 microwave
1 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
1 walk-in refrigerator
1 2 door freezer
1 double pot sink
1 4 shelf metal storage unit
3 3 shelf wire
L,L,_ to :�1 'tL_f _ari l
1 . . ,J
wood shelves (built-in)
4 fire extinguishers
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
ACKNOWLEI)GMENT AND ACCEPTANCE OF DRIVEWAY EASEMENT
"Property"):
THE UNDERSIGNED owner of the following described real property (the
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)
3aysnahldocn\ncknowle.dge Notary Public
ACKNOWLEDGMENT AND ACCEPTANCE OF DRIVEWAY EASEMENT
"Property"):
THE UNDERSIGNED owner of the following described real property (the
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
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
aavanahldocalacknowle.dge
ACKNOWLEDGMENT AND ACCEPTANCE OF DRIVEWAY EASEMENT
"Property"):
THE UNDERSIGNED owner of the following described reel property (the
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 , er 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.
STATE OF
COUNTY OF
(SEAL)
Owner(s) of
ss.
The foregoing instrument was acknowledged before me this day of
1991, by as owner of
WITNESS my hand and official seal.
My commission expires:
Notary Public
savanaMdocs\acknowle. dge
ACKNOWLEDGMENT AND ACCEPTANCE OF DRIVEWAY EA,SENtENT
"Property"):
THE UNDERSIGNED owner of the following described real property (the
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\docslacknowle. dge
ACKNOWLEDGMENT AND ACCEPTANCE OF DRIVEWAY EASEMENT
"Property"):
THE UNDERSIGNED owner of the following described real property (the
Lot 2, Barr Subdivision
for him, her, it, their self(ves) hereby:
STATE OF
COUNTY OF
(SEAL)
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
ss.
The foregoing instrument was acknowledged before me this
1991, by
WITNESS my hand and official seal.
My commission expires:
Notary Public
savanahldocalacknow le. dge
day of
as owner of
ACKNOWLEDGMENT AND ACCEPTANCE OF DRIVEWAY EASEMENT
"Property"):
THE UNDERSIGNED owner of the following described real property (the
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.
STATE OF
ss.
COUNTY OF
Owner(s) 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
aavanati\doe alacknowle. dgc
ACKNOWLEDGMENT AND ACCEPTANCE OF DRIVEWAY EASENTENT
"Property"):
THE UNDERSIGNED owner of the following described real property (the
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
COUNTY OF
The foregoing instrument was acknowledged before me this
1991, by
WITNESS my hand and official seal.
My commission expires:
(SEAL)
savaoah\docs\ackaowle.dge
Notary Public
day of
as owner of
ACKNOWLEDGMENT AND ACCEPTANCE OF DRIVEWAY EASEMENT
"Property"):
THE UNDERSIGNED owner of the following described real property (the
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.
STATE OF
COUNTY OF
(SEAL)
Owner(s) of
ss.
The foregoing
instrument was acknowledged before me this
day
of
1991,
by as
owner
of
WITNESS my hand and official seal.
My commission expires:
Notary Public
3sysnsh\dots\scknaw1c.dge
ACKNOWLEDGMENT AND ACCEPTANCE OF DRIVEWAY E 1SENtENT
"Property"):
THE UNDERSIGNED owner of the following described real property (the
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 ("flat") 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
savanahldocslacknowle.dge
ACKNOWLEDGMENT AND ACCEPTANCE OF DRIVEWAY EASEMENT
"Property"):
THE UNDERSIGNED owner of the following described real property (the
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 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.
STATE OF
COUNTY OF
(SEAL)
Owner(s) of
ss.
The foregoing instrument was acknowledged before me this day of
1991, by as owner of
WITNESS my hand and official seal.
My commission expires:
Notary Public
savanah\doc slaeknow le. dge
SAVANAII LIMITED PARTNERSHIP
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, Savanall 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 Savanah to pay the cost of converting the 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. Savanah 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
G00 F..C;OO1)cI- S1. tilliI(' 2OO • ,\ti1)('11. (:O. S 1 6 1 1 • :IO:;/92.5-•I:_'7'2 • I-'AX 925-•�:187
R
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.
AGREED:
THE ASPEN INSTITUTE
RWH/rak
savmwh\Itrs\aspcnins.02
Sincerely,
SAVANAII LIMTI'ED PARTNERSHIP, a
District of Columbia limited partnership
% ASPEN ENTERPRI
( AL✓M. I
t.'1'S
NTERNATION-
-,A - FAt 'I`
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 nonp'r++of ration
By � �: - BY
tl�}•
David T. McLauglon, President
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
6 7 j 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: '�. �� 3/ i
Notary Public
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
ius
The foregoing instrumen as c} owl dged before me this
ixay IfJanuary, 1992, by ,' "ar' , as
� of MUSIC ASSOCIA ES OF ASPEN, a Colorado nonprofit
corporation, on behalf of said corporation.
WITNESS my hand and officia seal
My commission expires: 7•/- 113
\aspninst\music.agr
Notary Public
- 2 -
#k3•+(_)947 01/24/92 16: 32 Rec $25.00 Bl:: 667 PG 847
Silvia Davis, F'itl::in Cnty C1er-1::, Doc.����
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 -
4"'40947 01/24/92 16:32) Rec $25.00 IMF: 667 F'r 848
Silvia Davis, Pitkin Cnty Clerk:, Doc $.C)0
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 MAA. 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 -
Silvia Davis, pitl::in Cnt� r '-'•c=�r; 667 PG 849
1 er•E:: , Doc $. r_a()
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 -
- Rec2c.OU Etf::: 667 F'G 850
Silvia D:�vis, Pitkin Cnt\. Cl,="-[::, Doc s.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: 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
Colo ado nonp corporation
By:
Date:
\aspninst\physics.con
ASPEN CENTER FOR PHYSICS, INC.,
a c" corp ration
By:
Dat - •yZ
- 4 -
4340945 01 /^4/9^ 16: 31 Rec $45, 0o Df;: 667 PG 937
Silvia Davis, F'itkin rrity C1er::, Doc $.(')s
CONVEYANCE AGREEMENT
#M�_THIS AGREEMENT is made and entered into this a day of
�""�'T( 1991, 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 Convevanc_e. Consistent with the pro-
visions of Section 5, Paragraph 3 of City of Aspen Ordinance
No. 14, Series of 1991, the deliver,', or the deed shall occur
simultaneously with recording of the Final Plat required by said
Ordinance No. 14.
2. Title. Lot 2 shall 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
Agreement 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
#340945 0 ._4I9r 16: 7 Re
c s� } ,.
r., ) 7i f ` R G 838
Silvia. Davis, PitkAn Cnty Cler•I<:, Doc $.cici
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 NAA 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., Thursdav 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 MAA 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 Option. Frcm and alter the date of convey-
ance, 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 buildincs and improvements located thereon, e::clu-
Rec 45.iiil Df':: PG 839
8ilvi.a Davis, Pitl in Cnty Clerk:, Doc
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 - Asoen Center for Phvsics. The
parties contemplate that the Institute will enter into an
agreement with the Aspen Center for Ph`,'sics ("Physics") in a fora
and substance similar to this Agreement, by which the Institute
will agree to convey certain property within the Aspen Meadows
SPr, to P1?VSics. Pursuant to terms and conditions similar to
those set r-forth in paragraph E, above, the Institute may obtain
16: 71 Rec $4-. 00 DF;. .37 PG 640
Silvia Davis, Pitk:in Cnt,, Clerk:, Doc
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 ccntemperanecus agreements, representations and under-
standings of the parties regarding the subject :.latter of this
Agreement. No supplement, modification or amendment of this
Agreement shall be binding unless executed in writing by the
parties hereto.
'4(_:c?45 c_i 1 /24; 922 1 b: 31 Rer_ T,45. C}C) E�f:: 667 PG 841
Silvia Davis, F'itl-:in Cnty Clet'i::, DL—)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
b- 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:
Date: —
MUSIC ASSOCIATES
OF ASPEN, .TNC.
B y
Title:
Date: 7h"t-," '2- 11 1Z
#340945 01/24/92 16:31nRec�C$45.00DBK 66^0.� 842
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Date:
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Exhibit B
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ORDER OF RECORDATION
Power of Attorney - A.E.I. � W' h , y - 14 . I I
Corporate Consent Minutes - Institute L �- i / 3 .'v
Development and Subdivision Agreement - X-REF Pages 8, 16, 19, 24 & 28 6�7I.7=
Plat - X-REF Dedic. Para 2; Notes #15 68 S
Statement of Nullification - Sig. by City
&(o71ON 6. Declaration & Grant for Benefit Lots 5&6 - X-REF to Plat P1 & SPA Agm't P4
2,W 7. Declaration & Grant for Benefit Lots 7-10 - X-REF to Plat P1 & SPA Agm't P3
�4 8. Special Warranty Deed - Water Rights
g 9 Raw Water Agreement - X-REF P.1; Sig. by City
6 7' `63510. Deed Lot 1 - Savanah to Institute - X-REF to Plat
(o107' S 36 11. Deed Lot 2 - Institute to MAA - X-REF to Plat
(c�7 /?44;' 12. Deed Lot 2 - Savanah to MAA - X-REF to Plat
y&3. Deed Lot 3 - Institute to Physics - X-REF to Plat
`ga 14. Deed Lot 3 - Savanah to Physics - X-REF to Plat & to SPA Agm't
15. Shared Facility Agreement
6,o 16. Power of Attorney - Marqusee to Hecht
17. Deed Outlot B - Institute to Marqusee - X-REF to Plat
l 1S • L)ezifY tts, Ce qx-?E-rnFN4 - ?
sav &nsh\misc%record. lsc