HomeMy WebLinkAboutFile Documents.200 S Aspen St.0007.2017 (26).ACBK RESTATED COVENANTS, CONDITIONS AND RESTRICTIONS
FOR THE HOTEL LENADO
THIS RESTATED COVENANTS,CONDITIONS AND RESTRICTIONS FOR THE
HOTEL LENADO(the "Agreement") is entered this 2_ day of PQ_b 2017 by and
between the City of Aspen and DCBD2, LLC,a Texas limited liability company ("Owner").
WITNESSETH:
WHEREAS, a Statement of Exception from Full Subdivision Process for the Purpose of
Condominiumization of The Hotel Lenado Condominiums ("Statement of Exception") was
recorded on May 26, 1983 in 445 at Page 811 of the real property records of the Pitkin County
Clerk and Recorder affecting the real property described therein as Lots A, B & C, Block 75,
City and Townsite of Aspen, County of Pitkin, Colorado, also described on the Hotel Lenado
Condominiums Plat recorded February 6,1997, in Plat Book 41 at Page 79, as Reception
No.401585, Pitkin County, Colorado commonly known as the Hotel Lenado, 200 S. Aspen
Street,Aspen, Colorado (the"Property");
WHEREAS, the City Council approved via Resolution No. 4 (Series of 2017) to revoke
any and all condominium declarations and the condominium plat associated with the Property
and as such the Property is no longer condominiumized or subject to either a Condominium
Declaration or a Condominium Plat as referenced within the Statement of Exception;
WHEREAS,the City of Aspen and the current Owner of the Property, DCBD2, LLC, both
agree that the Statement of Exception is outdated and no longer applicable to the Property;
WHEREAS, the City of Aspen still desires to retain and impose certain restrictions upon
the use and occupancy of the Property to ensure the availability of short term lodging
accommodations;
WHEREAS,the Parties wish to revoke the Statement of Exception and replace it with the
Agreement set forth below which the parties intend shall supersede and restate the Statement of
Exception in its entirety;
WHEREAS, in furtherance of the recited purpose of this Agreement, and concurrent with
the execution hereof, the City of Aspen has or shall cause to be recorded in the real property
records of the Pitkin County Clerk and Recorder a Release of Statement of Exception, in a form
agreeable to both the Owner and City Attorney, upon which recordation this Agreement shall be
subsequently recorded establishing the foregoing conditions and restrictions as set forth below,
NOW, THEREFORE, for value received, the receipt and sufficiency of which are hereby
acknowledged,the Parties hereby represent,covenant and agree as follows:
1. Pursuant to Planning and Zoning Commission Resolution No. 20 (Series of 2015) and
Resolution No. 9 (Series of2016), the Owner shall be obligated to maintain, use and
operate the Property with a minimum of four (4) lodge units and nine (9) associated
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RECEPTIONS:836894, R: ;28.00, 0:;0.00
DOC CODE:COVENANTS
Pg 1 of 4,02108/2017 at 09:34:28 AM
Janice K.Vos Caudill, Pitkin County,CO
RECEPTION#:635894, 0210612017 at 09:34:28 AM, Pgs 2 of 4,Janice K.Vos Caudill, Pitkin County,CO
keys. Occupancy of the Lodge Units shall be limited to the current occupancy
allowance and limitation for a hotel as set forth in Aspens Land Use Code, as
amended, and no more than 14 consecutive days by any given guest or group during the
winter high season between December 1811' and March 20th.
2. in addition to the foregoing use and occupancy restriction, the Lodge Units additionally
must be listed with Stay Aspen Snowniass. or a comparable local reservations system
to ensure the availability of the Lodge Units for short term tourist accommodations:
3. The Owner shall employ and provide on-site management for the operation of the
Lodge. This shall include front desk service during normal business hours and an on-
site caretaker for routine maintenance and repair as necessary to support the functions
of and services to the Lodge Units.
4. A food preparation area is provided on the lowest level of the building so that the lodge
has the ability to serve lodge guests food and /or beverages as an additional lodge
amenity.
5. The Owner must abide by and comply with all representations made in the Land Use
Application submission and all terms. restrictions and requirements imposed by the
City of Aspen as conditions of approval of the land use application for the Property.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year
above first written.
NOTARIZED SIGNATURES ON FOLLOWING PAGES
Page 2 of 4
RECEPTION#: 635894,02106/2017 at 09:34:28 AM,Pgs 3 of 4,Janice K.Vos Caudill,Pitkin County,CO
CITY OF ASPEN
--\._ -S\( _L.__
Ste Skad n. Mayor
STATE OF COLORADO )
) ss. j
COUNTY OF PITKIN )
The foregoing ' ru ent VIa• acknowledged before me this ikAda} of
"F b nail 20 17 by Y
Witness my hand and official seal:
• 3
My commission expires:_`l(z_ 1 A—
TARA L. NELSdN � !
NOTARY PUBLIC ` 141. Y" "
STATE OF COLORADO _
NOTARY ID 20014030011 Notary Public
MY COMMISSION EXPIRES 09/25/2017
If
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RECEPTION#: 636894,0210612017 at 09:34:28 AM, Pgs 4 of 4,Janice K.Vos Caudill, Pitkin County,CO
•
DCBD2, LLC
trz)------ i:
Tom Dundon, Managing Member
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this i`1" day of
j,t+ku(A,\i 2017 by Torn Dundon in his capacity as Managing Member of DCBD2. LLC.
Witness my hand and official seal; ,;
My commission expires: G i l t c1 ?I, i i,.
1Cl.liltk-- 4L0 �_C
!Notary Public
.�,'"�; 5ARAH ELIZABETH FLUME.•..A... Nolo{y Puotic.5rote at Texas
t;:f1 My Commission Espses
''4'x;�:i January 14, 2018
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