HomeMy WebLinkAboutresolution.council.004-94
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RESOLUTION NO.
(Series of 1994)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AN ASSIGNMENT AND ASSUMPTION AGREEMENT WHEREBY THE
INTERESTS OF PEARCE EQUITIES GROUP II LIMITED LIABILITY COMPANY
IN A CERTAIN LEASE DATED FEBRUARY 12, 1990, AND AMENDED MAY 7,
1993, SHALL BE ASSIGNED TO MAROON CREEK LIMITED LIABILITY COMPA-
NY; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF
OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the. City Council an
Assignment of Lease with Tenant's Consent whereby Pearce Equities
Group II Limited Liability Company assigns to Maroon Creek
Limited Liability Company all its, right, title and interest in
and to that certain Lease dated February 12, 1990, and amended
May 7, 1993, among assignor, the City of Aspen, Arthur O.
Pfister, Elizabeth H. Pfister, the SEP Residence Trust, the CDP
Residence Trust and the Aspen Skiing Company, a true and accurate
copy of which is attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves
that Assignment of Lease with Tenant's Consent referenced herein-
above, a copy of which is annexed hereto and incorpqrated herein,
and does hereby authorize the Mayor to execute said agreement on
behalf of the City of Aspen.
RESOLVED, APPROVED AND
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Aspen, Colorado.
ADOPTED this ~/sr day of
, 1994, by the City Council for the city of
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John S. Bennett, Mayor
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I, Kathryn S. Koch, duly appointed and acting City Clerk do
resolution adopted by the city Council of the
certify that the foregoing is a true and accurate copy of that
colorado, at a meeting held
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City
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of Aspen,
, 1994.
Kathryn S. Koch, City Clerk
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ASSIGNMENT OF LEASE WITH LANDLORD'S CONSENT
Pearce Equity Group II Limited Liability Company, a Utah
limited liability company hereby assigns all of its right, title
and interest in and to that certain Lease ("Lease") dated February
12, 1990, which Lease the Assignor has succeeded to the interest of
the "Tenant" and the city of Aspen is "Landlord" and which Lease
was amended by the Assignee as Tenant and the Landlord on the
~..~ day of ~JA-/ ,1993, to Maroon Creek Limited Liability
Co pany, a Colorado'limited liability company, ("Assignee"). The
Assignee, by its acceptance of the within assignment agrees to
assume all of the Tenant's obligations contained in the Lease. The
Assignor agrees that notwithstanding the within assignment it shall
continue to remain liable for all of the obligations of the Tenant
under the Lease to the Landlord. The real property which is the
subject matter of the Lease is described on Exhibit "A" attached
hereto and made a part hereof.
PEARCE EQUITIES GROUP II
LIMITED LIABILITY COMPANY, A
UTAH LIMITED LIABILITY COMPANY
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By: L _/:...fz:...--C~.,'.ft:,. '.;J
J mes T. pearce!/"r.,
MAROON CREEK LIMITED LIABILITY
COMPANY, A COLORADO LIMITED
LIABILITY COMPANY
Member
By: Q 4~~?'!/
Jam.9S'T. Pearce, f,l, Manager
LANDLORDS CONSENT TO ASSIGNMENT
The City of Aspen hereby consents to the within assignment.
CITY OF ASPEN
By:
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ACKNOWLEDGMENTS CONTINUED ON FOLLOWING PAGE
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COUNTY OF PITKIN )
)ss.
STATE OF COLORADO )
The foregoing Assignment,ot Lease with Landlord's Consent was
acknowledged before me this~)~l day of January, 1994, by James T.
Pearce, Jr. as Member of Pearce Equities Group II Limited Liability
Company, a utah limited liability company.
witness my hand and official seal.
My commission expires: ;;?~/~ /_ P <;,i /") .
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Notary Public' /..,
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COUNTY OF PITKIN )
)ss.
STATE OF COLORADO )
The foregoing Assignmen~of Lease with Landlord's Consent was
acknowledged before me this,,;:)f1/1;7 day of January, 1994, by James T.
Pearce, Jr. as Manager of Maroon Creek Limited Liability Company,
a Colorado limited liability company.
witness my hand and official seal.
My commission expires: c:/?-",2({. ))Y'
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COUNTY OF PITKIN )
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STATE OF COLORADO )
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The foregoing instrument was acknowledged before me this ~
day of January, 1994 by ..jA-t--:)~ of the City of Aspen.
witness my hand and official seal.
My commission expires: c!lIP? /95'
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Nota Public
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EXHIBI'r HA"
TO
SHORT FORM LEASE
^ parcel of land situated in section 2 and section 11, Township 10
South, Range 85 West of the sixth Principal Meridian, County of
Pitkin, state of Colorado; said parcel being more' particularly
described as follows:
commencing at the South Quarter Corner of section 2, a 1954 Bureau
of Land Management Brass Cap in place; thence N. 40' 31' 02" W.
397.79 feet to the True Point of Beainnina; thence S 00'58'04" W.
964.49 feet to the northerly right-of-way of Colorado state Highway
No. 82; thence N. 60'51'38" W. along said right-of-way (accotding
to the Colorado Department of Highways Project No. 2012-0) 740.77
feet; thence continuing along said right-of-way along the arc of
a curve to the right having a radius of 5680.00 feet and a central
angle of 07'08'07", a distance of 707.35 feet (chord bears N.
57'17'35" W. 706.89 feet) to the westerly line of Lot 21; thence
leaving said right-of-way N. 00'58'0411 E. along the westerly line
of said Lot 21 226.41 feet; thence N. 02'28'04" E. along the
wes terly line of said Lot 21 and Lot: 17, 13 08.04 feet to the
existing southerly right-of-way fellce of Coun.ty Road No. 12-M
thence leaving said westerly lot line s. 85'42'33" E. along said
southerly right-of-way fence 7.72 feet; thence continuing along
said right-of-way fence N. 88'00'39" E. 857.50 feet; chence S.
07'16'09" W. along a north-south fence and fence extended, 763.01
feet; thence S. 36'21'42" E. 725.00 feet to the 1'rue Point of
Beqinninq; said parcel containing 45.48 acres more or less.