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RESOLUTION NO. id1
Series of 1994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AN AMENDMENT TO THE ESCROW INSTRUCTIONS ARISING UNDER
THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT
AGREEMENT, ASPEN MOUNTAIN SUBDIVISION, BETWEEN THE CITY OF ASPEN
AND SAVANAH LIMITED PARTNERSHIP.
WHEREAS, there has been submitted to the City Council an amendment to the escrow
instructions arising under the First Amended and Restated Planned Unit
Development/Subdivision Agreement, Aspen Mountain Subdivision, between the City of Aspen
and Savanah Limited Partnership, a true and accurate copy of which is attached hereto as Exhibit
"All;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN,
tit COLORADO:
That the City Council of the City of Aspen hereby approves that amendment to the
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escrow instructions arising under the First Amended and Restated Planned Unit
Development/Subdivision Agreement, Aspen Mountain Subdivision, between the City of Aspen
and Savanah Limited Partnership, a copy of which is annexed hereto and incorporated herein,
and does hereby authorize the Mayor of the City of Aspen to execute said amendment on behalf
of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the 4- day of h~ ' 1994.
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fohn S. Bennett, Mayor
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I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
Kath
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THE CITY OF ASPEN
OFFICE OF THE CITY ATTORNEY
March 22, 1994
Mr. Ferdinand Belz
Savanah Limited Partnership
515 s. Galena street
Aspen, Colorado 81611,
VIA HAND DELIVERY
Re: Amendment to escrow inst+uctions under First Amended
and Restated Planned Unit Development/subdivision Agreement,
Aspen 'Mountain Subdivision.
Dear Mr. Belz:
Pursuant to our discussions with Bob Gish, enclosed is a
written amendment to the escrow instructions under the above
referenced agreement, for the signature of the general partner of
Savanah, Ltd.. The enclosed amendment extends the term of the
escrow from April 1, 1994 to April 1, 1998. No other changes are
made to the referenced agreement. The enclosed amendment is
substantially identical to the Amendment to Escrow Instructions
executed by the parties in 1990.
If the enclosed document is acceptable, please have it
signed and send me a faasimi~e signature as soon as possible. It
is our hope to have this extension ratified by the city council
at their March 28 meeting. To allow that consideration, we must
enclose an executed agreement in the city council meeting packet
by the close of business tomorrow. Please send me the signed
original by mail. I will obtain the required City signatures and
send you a fully executed copy. Please call either Bob Gish
me with any questions or comments.
,
Thank you for your assistance in this matter. It was a
pleasure to meet you. I look forward to working with you in the
future.
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V ry t?yl~ yours,//
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Assistant City Attorney
130 SOUTH GALENA STREET. ASPEN, COLOIII\DO 81611 . PHONE 303.920.5055 . FAX 303,920.5119
P';~l<du"",<}'d,>df"f""
NEWFIELD ENTERPRISES INTERNATIONAL
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2049 Cenlury P:Hk !:.<lst
Sui te 3760
Ul:i Angcll:~. CA 90067
VIA TELECOPY AND
FEDERAL EXPRESS
~03/92Il-S119
March 23, 1994
David E. Be1lack
Assistant City Attorney
The City of Aspen
130 S. Galena
Aspen, Colorado 81611
Re: Amendment to Mountainside Drainaee Escrow
eDear Mr. Bellack:
Enclosed via telecopy, with the original to follow by Federal Express, is the Tequested
Amendment, executed on behalf of Savanah Limited Partnership. After signature by all parties, please
send me a copy of the fully executed original. I would also appreciate it if you would send me copies
of the original executed Escrow Agreement, and the First Amendment. Thank you.
Very truly yOUTS,
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Clayton M. Corwin
Senior Vice President
Real Estate
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cc: Ferd Belz
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Tel 310/556-8880
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$ SENT BY:C1HL ASPEN FIELD OFFIC; 3-22-31 4:50PM
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THE GRAND ASPEN~
310 556 0652;# 3
AMENDMENT TO ESCROW INSTRUCTIONS
This amendment to escrow instructions is made the 23rd
of March, -1994, by and,between the ,City of Aspen, a Colorado
municipal corporation ("city") and Savanah Limited Partnershi
("Savanah"), and is given to the Finance Department of' the City
of Aspen, pitkin County, Colorado, as Escrow Agent under tha
certain document entitled First Amended and Restated Planned nit
Development/Subdivision Agreement, Aspen Mountain SUbdivisio ,
recorded at Book 574, Page 792 in the records of the Clerk and
Recorder of Pitkin County, Colorado.
The City and Savanah hereby submit the following amendme
to escrow instruction No.4, dated March 31, 199-4 and amended
June 20th, 1990, which amendment shall supersede and replace
escrow instruction No.4, which, as amended, shall now read i
its entirety as follows:
,4. In the event there remains any sums within the Escro
Fund on April 1, 1998, the amount so remaining in the Escrow und
shall thereupon be forthwith paid by Escrow Agent to Savanah knd
the esorow hereby created shall, from then and thereafter, cs Be
to exist and the Escrow Agent shall be relieved from all furt er
Obligations of performance hereunder.
Executed this 23rd day of March, 1994.
SAVANAH LIMITED PARTNERSHIP,
By Aspen Enterprises Internatio aI,
It~ G&n&ral Partner.
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CITY OF ASPEN, COLORADO.
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By I.J~
John Bennett, Mayor
. ATTEST:
Kathryn
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NOTICE OF RECEIPT
The above and foregoing Amendment to Escrow Instructions was
delivered and accepted by the Finance Department of the city of
Aspen, Colorado, as Escrow Agent, this ~ day ofh~~ ,
1994.
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Finance
City of
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