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HomeMy WebLinkAboutlanduse case.AP.501 E Cooper Ave.A90-962737-182-48-029 A90-96 Independence Bldg. Insubtantial Amend. UA • Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: 3T 00113-63850-041 Deposit -63855-042 Flat Fee -63860-043 HPC -- -63885-268 Public Right-of-Way -638754046 Zoning & Sign Permit _ -MR01 I Use Tax _ 10000-67100-383 Park Dedication 15000-63050480 AH Commercial 15000-63065-182 AH Residential County Land Use Application Fees: 00113-63800-033 Deposit -63805-034 Flat Fee -63820-037 Zoning_- -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 County Engineer _ 00115.63340-163 City Engineer 62023-63340-190 Housing 00125-63340-205 Environmental Health 00113-63815-036 County Clerk 00113-63812-212 Wildlife Officer Sales: 00113-6830-039 County Code -69000-145 Copy Fees - —— — Other ---- — --- — � Total_yrL L� — Name-477%�/- &AADEM-Z- S? Date: Check: (4 Address: — 1 Project: Case No: Phone:: _ No. of Copies f � C)LOAD SUMMARY SHEET - CITI* ASPEN DATE RECEIVED: DATE COMPLETE: PARCEL ID # 11 /22/96 2737-182-48-029 CASE # A90-96 STAFF: Kim Johnson PROJECT NAME: Independence Building Insubstantial Amendment Project Address: 501 E. Cooper Ave. APPLICANT: Rovert Goldberg Address/Phone: 501 S. Beverly Dr. 3rd floor, Beverly Hills, CA 90212 (310)277-7351 REPRESENTATIVE: Denis P. Jung Broker Associate Address/Phone: 730 E. Durant Ave. Aspen, CO 81611 RESPONSIBLE PARTY: Applicant Other Name/Address: FEES DUE FEES RECEIVED PLANNING $0 PLANNING $340. # APPS RECEIVED 1 ENGINEER $0 ENGINEER $ # PLATS RECEIVED HOUSING $0 HOUSING $ GIS DISK RECEIVED: ENV HEALTH $0 ENV HEALTH $ CLERK $0 CLERK $ TYPE OF APPLICATION TOTAL $340 TOTAL RCVD $340. Staff Approval REFERRALS: ❑ City Attorney ❑ City Engineer ❑ Zoning ❑ Housing ❑ Environmental Health ❑ Parks DATE REFERRED: ❑ Aspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board ❑ Other: INITIALS: APPROVAL: Ordinance/Resolution # Staff Approval Plat Recorded: CLOSED/FILED DATE: INITIALS: ROUTE TO: ❑ CDOT ❑ ACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District ❑ Other: DATE DUE: Date: Date: Book Page 0 ATn%CHMERra 0 IAM USE APPLICATION FORM 1) troy :same The Independence Building, a condominium 2) Project Location 501 East Cooper Avenue, Lots A & B and the West 7.5 feet of lot C, Block 96, Aspen, Pitkin ounty .o ora o 11 (inclicatr street address, lot & block number, legal description where appropri,. ':e) 3) Present Zoning cc 4) Lot Size 6 7 5 0 s q f t +- S) Applicant's Name, Ac1dress & Phone QRobert Goldberg, General Partner for the Independence Company, a Colorado Limited Partnership 501 S. Beverly Drive 3rd Floor, Beverly Hills, CA 90212-7351 310-277-7351 6) Renresentative' s Name, Address & Phone I Dennis P. Jung Broker Associate Aspen Club Properties, Inc. 730 East Durant Aspen, CO 81611 970-920-2000 ext 2433 7) Type cf Application (please diedc all that apply): Coreiitional Use Special Re--riew 8040 Q�*il.ine S`�~eam Mary in Matmtain View Plane Pl't../ Condcm] ni t mi za pn Lot SpLit/lot Line Adj ustze_n:t C=jceptual SPA Conceptual Historic Dev. Final SPA Final His+aric I�_ conceal PM Minor Historic D&v. Final FM Historic De<volition Subdivision Historic Designation Tt-xt-/Map Ammxlment &M�)S Allotment 8) Descri`ctien of�,sx3 Users (rsLm&--r and type of ecs`. ;ram stiff: appr=rimate sq_ ft_ ; rx=ber of bedrnclrs; any previous aporcvals granted to t'y-- proPety) - 28 condominiumized Lodge Units, 14 on 2nd floor, 14 on third floor plus lobby and common area, approx 15000 sq ft total 9) Des.—iption of De<✓elopmezt Anolicatian insubstantial plat map amendment, see attached 10) have you at~.ad-sed the following? x Response to Attactme.^t 2, Mini=L= Submission contents Y- Response to Attacr imant 3, Specific Su_t n, s s ian carfterrts V, Res ise to Attaci=e.^t 4, Review Standards for Your Application • • October 24, 1996 Tb: City of Aspen Plaming Department From: Mr. Robert Goldberg, General Partner The Independence Company A Colorado Limited Partnership 501 S. Beverly Drive, Third Floor Beverly Hills, CA 90212-7351 To Whom It May Concem. 1 hereby authorize Dennis Jung, Broker Associate, Aspen Club Properties, 730 E. Durant, Aspen, CO 816:1, (970) 920-2000 Ext. 2433. to act as my representative in the matter of filing an insubstantial condominium plat amendment for the Independence Building, a condominium, located at 501 East Cooper Avenue, Aspen, CO 81611. . RobeH Eioldbeh. / bate S/� a6Ed`•ZEb# XW !lT':ll 96/90/Gl `•ESZO 99S m :Aq ;ua9 ASPEN/PITKIN COM:%RNITY DEVELOPMENT DEPARTMENT Agreement for bvment of CiLY Qf Asoen Nvei99meBx A�ili.,cation Fees Robert Goldberg, General Partner for The Independence company, a .Colorado CITY OF ASPEN (hereinafter CrM and T 4in4 t P a PArtnaxsU p (hereinafter APPLICANT") AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for an insubstantial condominium plat amendment for The Independence Building,a condominium (hereinafter, THE PROJECT). I APPLICANT und4rstands and agrees chat City of aspen Ordinance No. 53 (Series of 1995) establishes a fee structure ror Planning applications and the payment of all processing tees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size. nature or scope of the proposed project. it is not possible LIL this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the.parties to allow .APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a rnonthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY ,vhen they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processinty_► or present sufficient information to the Planning Commission and/or City Council to enahle the Planning Commission and/or City Council to make legally required findings for'proiect approval. unless current billings are paid in full prior to decision. 5/e a6ed`e6V# XWK `.OV:l4 96/90/l4 `•E9e0 99s Olc :Aq }uaS Ll • 5. Therefore, APPLICANT agrees that in consideration of the CTTY's waiver of its right to collect full fees prior to a determinaticn of application completeness, APPLICANT shall pay an initial deposit in the amount of S 4 5 0, oU which is for hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. 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PAP Al' • � • • .3�IS da•� m �Q e ..bd � 0 9AV ONtll01W •� w 6J s y Yy cc I--,� 2 BONS � bjb yOW�N oy'� �( 3a0W bOHb (Oo LJ W E _ s 0 0. � Nt 2 o N ' N -j{ o N b� AVMHltl N o ea � �LnCo L3lO 00 ti o e°'\cco • U U CS 2 W - W Y W w J 44 0 13end�lW m � o�� o3 vary/ ♦3� Iv1 i , c a O _ U i3 a J w to .2rn d t (o a a d N ( 1 �, 0 C N Q N N CAa% f o n RR 3 cV Joo • J V) 1<O�li • SCHEDULE A Order Number: 00023219 1. Effective date: September 16, 1996 at 7:30 A.M. 2. Policy or Policies to be issued: (a) A.L.T.A. Owner's (standard) Proposed Insured: JANE SHERRY (b) A.L. T.A. Mortgagee's (standard) Proposed Insured: (c) Leasehold Proposed Insured: Amount of Insurance $ 96,250.00 $ 3. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: THE INDEPENDENCE COMPANY, A COLORADO LIMITED PARTNERSHIP 5. The land referred to in this Commitment is described as follows: See Attached Legal Description 'NC. STATEMENT OF CHARGES These charges are due and payable before a Policy can be issued. 1992 Owners Premium $ 519.80 Tax Certificate $ 10.00 , Autnonzea Lounrersignarure • SCHEDULE B • Section 1 Order Number: 00023219 REQUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be exectued and duly filed for record, to wit: 1. Partial Release of Deed of Trust dated August 21, 1985, executed by Robert B. Goldberg, to the Public Trustee of Pitkin County to secure an indebtedness of $2,400,000.00 in favor of Morgan Guaranty Trust Company of New York, recorded September 12, 1985 in Book 494 at Page 984 as Reception No. 271376. NOTE: Assignment of Rents recorded September 12, 1985 in Book 494 at Page 992 as Reception No. 271377, given in connection with the above Deed of Trust. NOTE: Modification to Deed of Trust, Security Agreement, and Financing Statement recorded July 14, 1992 in Book 683 at Page 454 as Reception No. 346739, given in connection with the above Deed of Trust. 2. Partial Termination Statement for Financing Statement from Robert B. Goldberg, debtor(s), to Morgan Guaranty Trust Company of New York, secured party, filed July 3, 1992 in Book 683 at Page 540 as Reception No. 346419, giving notice of a security interest pursuant to the Uniform Commercial Code. 3. Partial Termination Statement for Financing Statement from Gerald Luss, debtor(s), to Morgan Guaranty Trust Company of New York, secured party, filed July 3, 1992 in Book 682 at Page 544 as Reception No. 346420, giving notice of a security interest pursuant to the Uniform Commercial Code. 4. Partial Termination Statement for Financing Statement from The Independence Company, debtor(s), to Morgan Guaranty Company of New York, secured party, filed July 3, 1992 in Book 682 at Page 548 as Reception No. 346421, giving notice of a security interest pursuant to the Uniform Commercial Code. 5. Certificate of Limited Partnership issued by the Secretary of State in which said Certificate is filed, or Certificate of Good Standing issued by the Secretary of State of Colorado, identifying The Independence Company, a Colorado Limited Partnership, as a limited partnership in good standing. AND Trade Name Affidavit disclosing the names of the general partners and other information required by 173 CRS 7-71-101. NOTE: If any general partners are themselves partnerships, trusts or corporations, additional documentation for said entities will be required. 6. Deed, executed by all current general partners of The Independence Company, a Colorado Limited Partnership, conveying fee title to the purchaser(s). NOTE: If the Partnership Agreement for said The Independence Company requires Continued on next page -1- Continuation of Schedule B - Section I Order Number: 00023219 less than all of said General Partners to execute said Deed we must be provided with a copy of said Partnership Agreement. 7. Certificate from the management group evidencing the fact that all Condominium expenses have been paid pursuant to Paragraph No. 27 of the Condominium Declaration. 1W eo M3 8. Evidence satisfactory to Stewart Title Guara Company, furnished by the Office of the Town Manager, Town of Sno ss Village, that the real estate transfer tax, pursuant to Town Cour.c' Ordinance No. 5 (Series of 1986), has been paid, or that conveyance iseakempt from said tax. 9. A. Certificate of non -foreign status, duly executed by the seller(s), pursuant to Section 1445 of the Internal Revenue Code AND B. Satisfactory evidence of the seller(s) Colorado residency (or incorporation) pursuant to Colorado House Bill 92-1270. NOTE: Section 1445 of the Internal Revenue Code requires withholding of tax from sales proceeds if the transferor (seller) is a foreign person or entity. Colorado House Bill 92-1270 may require withholding of tax from sales proceeds if the seller(s) is not a Colorado resident. Detailed information and Forms are available from Stewart Title. Mc • SCHEDULE B Section 2 • Order Number: 00023219 EXCEP77ONS Tire policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. 8. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. J 9. Any rights to minerals underlying the East 18 feet of Lot A, Block evidenced by Quit Claim Deed recorded October 25, 1984 in Book 475 at Page 67 as Reception No. 263548. 10. Restrictions and limitations related to the establishment of a Pedestrian Mall as set forth in City-o.L-Aspen- ution No. 60 (Series of 1973) recorded April 3, 1973 in of 274 at Page Rece tion No. 158616 and in statement f recorded April 3, 1973 in ooc �!" Page 215 s Reception No. 158615. 11. Terms, conditions, obligations and restrictions as set -forth -in Notice of JHistoric Designation recorded January 13, 1975 in Bo�k 295 at Page 515ra Reception No. 172512, and in Aspen City Ordinance No. 4 , 3eriaa-6f 1974. 12. Terms, conditions and obligations as set forth jti--Leasg-Agree is evidenced by Assignments recorded December 28, 1964 in B96k 210__atP-age 531 a Reception No. 219573, and recorded November 26, 1975 in Boo at Pa��-89i``as Reception No. 179690. lyTerms, conditions, obligations and restrictions as set forth in Encroachment Agreement between The I_ndepondenae-6ampary-and the City of Aspen recorded February 28, 1986 in of 06 at Page 382as)Reception No. 275994. 14( Terms, conditions, obligations and restrictions as set forth in Statement of ,/ Exemption from the Full Subdivision Process recorded February 28, 1986 in Book Continued on next page Continuation of Schedule B - Section 2 Order Number: 00023219 0 at Page 38 as Reception No. 275995. 15. asements and Restrictions as set forth on the Condominium Map for The Independence Building, a Condominium, recorded February 28, 1986 �21at_B)ok 18 at Page 54 as Reception No. 275993. 16. Terms, conditions, obligations and restrictions as set forth in the Condominium Declarati_orL-Lor a ence Building, a Condominium, recorded February 28, 1986 in o0 506 at Pa a 351, s Reception No-2-75S321 and the First Amendment thereto recor a pril 18, 1986 in Boo 509 at Page 2 as Reception No. 277323, and Certificate of Release of �:tT�e e Building from Certain Restriction recorded May 13, 1995 in 40 as Reception No. 381435. Terms, conditions, obligations and restrictions as set forth in Declaration of Covenants, Restrictions, and Conditions for The Ind-speaden gilding Condominiums, recorded February 28, 1986 Book 506 at Page 390-)as Reception No. 275996. �— NOTE: Provided that Stewart Title of Aspen, Inc. records the documents of conveyance in the proposed transaction the status of title will be updated from the time of this commitment to the time of said recording. If said update reveals intervening liens or changes in the status of said title appropriate action(s) will be taken to disclose or eliminate said change prior to the recording of said documents. NOTE: Policies issued hereunder will be subject to the terms, conditions, and exclusions set forth in the ALTA 1992 Policy form. Copies of the 1992 form Policy Jacket, setting forth said terms, conditions and exclusions, will be made available upon request. • SCHEDULE A • Order Number: 00023219 LEGAL DESCRIP77ON Lodge Unit 203, THE INDEPENDENCE BUILDING, a condominium, as defined and described in the Condominium Declaration for The Independence Building, a condominium, recorded in Book 506 at Page 351 of the records of the Clerk and Recorder of Pitkin County, Colorado, and the condominium map for The Independence Building, a condominium, recorded in Plat Book 18 at Page 54 of the records of the Clerk and Recorder of Pitkin County, Colorado. County of Pitkin, State of Colorado also known as Lodge Unit 203, 501 East Cooper Avenue, Aspen, Colorado 81611. i THE INDEPENDENCE COMPANY CERTIFICATE OF LIMITED PARTNERSHIP The undersigned, having formed a Limited Partnership pursuant to the Uniform Limited Partnership Law of the State of Colorado, do hereby make, certify to, and file this Certificate of Limited Partnership pursuant to Article 61, Title 7, Section 103 of -the Colorado Revised Statutes 1973. I. •The name of the Limited Partnership is, THE INDEPENDENCE COMPANY. II. The character of the business of the Limited Partnership is to acquire, own, operate, manage, mortgage, lease, improve and othenai se deal in and with that certain parcel of developed real property more fully identified and described as Lots A and B and the West 7 1/2 feet of Lot C, Block 96, City and Town - site of asoen, together with all i:aorovements thereon, also known as street and number 501 East Cooper Avenue, Aspen,Pitkin Cc Colorado, (the "Aspen Property"), and to engage in any other business related or incidental to any of.the foregoing activities. The location of the principal. place of business of the Limited Partnership is c/o Fairfield and Woods, 1600 Colorado National Building, 950 Seventeenth Street, Denver, Colorado 80202, or at such other location as the general partners may from time to time determine_ The name and place of residence of each member, General and Limited Partners being respectively designated, are as shown on Exhibit A attached hereto and incorporated by reference. V. The term for which the Limi Led Partnership is ' to exist is from the date of the filing of this Certificate of Limited Part- nership with the Clerk and Recorder of the City and County of Denver, State of Colorado, until the first to occur of the follow- ing: A. December 31, 1999; B. .Any disposition by the partnership of all or substantially all of its property; C. The decision of the General Partners to dissolve or terminate the partnership; D. Upon the death, retirement, resignation, bankruptcy, expulsion or adjudication of insanity• or incompetency of a General Partner, unless the remaining General Partner elects to continue the partnership; E. In the event of the death, retirement, resignation, bankruptcy, expulsion or adjudication of insanity or - incompetency of both Partners,. the partnership shall be dissolved unless the Limited. Partners elect to continue the partnership as provided in the Partnership Agreement. VI. The Limited Partners shall contribute cash to the partnership in the aggregate amount of $1,188,000.00, each Limited Partner contributing the amount shown on Exhibit A attached hereto. VI I . The Limited Partners have not agreed to make any additional capital contributions. VIII. The time when the contribution of each Limited Partner is to be returned is as follows: ' -2- A. Upon the discretion of the General Partners, to distributed in cash or kind; . B. Upon dissolution of the partnership; C. Upon termination of the partnership. IX. The share of the profits or other compensation by way of income which each. -Limited Partner shall receive by reason of hi contribution shall be determined on the basis of the Limited Partner's percentage interest in the Limited Partnership. X. A Limited Partner may substitute an assignee as contributo, in his Place, subject to the following: A. He will not transfer, sell or dispose of, or soli( offers to buy, all or any portion of his Partnership inters (1) In any manner which would violate or cause the partnership or the General Partners to violate applicable- federal' and state- securities- laws; (2) Without first obtaining the prior written consent of the- General Partners to any such transfer, sale disposition or solicitation. B_. No. such- transfer shall be initiated or consummated within a Period of twelve months from the date of the Partnership Agreement (1) No sale or exchange of an interest in the Partner- ship may be made if the interest sought to be sold or exchanged, when added to the total of all other interests. sold or exchanged within a period of twelve months prior to such proposed sale or exchange, could cause such proposed sale or exchang, to result in termination of the Partnership under Section 708 of the Internal Revenue Code of 1954, .as amended; - 3- (2) no interest in the Partnership may be sold or exchanged unless the registration provisions of the Securities Act of 1933, as amended, have been com- plied with or, in the opinion of counsel to the Partnership, compliance with such provisions is not required. (3) no transferee of a Limited Partner's Partnership interest shall become substituted as a limited partn in the partnership unless and until he shall have evidenced his consent and agreement to be bound by all of the terms and provisions of the Partner- ship Agreement, and to assume as such a substituted limited partner all of the obligations of his trans- feror hereunder, by executing and acknowledging a counterpart of an amendment of the Partnership Agree ment, an amendment to this. Certificate of Limited Partnership and such instruments,. unaertakings, financial or other questionnaires and other document as the General Partners may request. Such substi- tution shall then become effective upon the effectiv ness of such amendment to such Certificate of Limite Partnership. -As a further condition to such sub- stitution, such transferee shall also be required to pay the Partnership's costs and expenses, includi but not limited to legal fees and disbursements, in connection with the accomplishment of the same. C. Upon the death of a Limited Partner, his estate or legal representative shall have all of the deceased Limited Part- ner's rights and obligations in the Partnership, subject to the terms and conditions of the Partnership Agreement. -4- XI. No right is given for the Partners to admit additional Limited Partners. XII. No right has been given one or more of the Limited Partners to priority over other Limited Partners as to contributions or as to compensation by way of income. XIII. The death, retirement, resignation, bankruptcy, expulsion or adjudication of insanity or incompetency of a General Partner shall cause dissolution and termination of the Partnership, unless the remaining General Partner elects to continue the Partnership. A. In the event of the death, retirement, resignation, expulsion or adjudication of insanity or incompetency of both General Partners, the Partnership shall be dissolved and term ated unless the holders. of- 51% of theaggregate percentage interests, of the- Limited, Partners, elect. to - continue, the Partnership. XIV. No limited partner shall have the right to demand property other than cash in return - for' his. contribution. Each Limited Partner shall accept and receive- real or. personal property in kind or an undivided interest in property if the General Partners so determine. XV. The- Limited Partnership Agreement,. a copy -of" which has been.sianed by each of the Limited Partners, contains a power of attorney appointing each of the General Partners as Attorney - in -Fact for the Limited Partners for the purpose of, among other things, executing, acknowledging, delivering, filing, recording and publishing this Certificate of Limited Partnership required by the Uniform Limited Partnershit) Law- of the State of Colorado. _r_ IN WITNESS WHEREOF, the undersigned, being a General Partner of THE INDEPENDENCE COMPANY, has subscribed his name this 39th day of April, 1980. r 1 GENEFAL PARTNER: 1 GERALD USS f G neral tner i i i STATE OF NEW YORK ) ss.. COUNTY OF NEW YORK ) The foregoing instrument was acknowledged before me this 30th day of April, 1980, by GERALD LUSS, a General Partner of TILE INDEPENDENCE COMPANY, a limited partnership. Witness my hand and official seal. My commission expires Mgrck Sal %g$� Notary Public R0EIRT KAY Notary Public. Stale of firw Yolk No. 31.7197680 Oualilied in Neri York County 7etm 1XPird ,larch 30. 1983, STATE OF NEW YORK ) .ss.: COUNTY OF NEW YORK ) The foregoing instrument was acknowledged before me this 30th day of April, 1980, by ROBERT GOLDBERG, a General. Partner of THE INDEPENDENCE COMPANY, a limited partnership. Witness my hand and official seal. My commission expires Notary Public;. OSERT Rotary Publliic, s ale oKfA Hrt York NO. 31-7;C7633 Cualilied in ffc:7 Yc:k County Term faDues ;,;arch 30, 194. IN WITNESS WHEREOF, the undersigned, being a General Partner and all the Limited Partners of THE INDEPENDENCE COMPANY, have subscribed their names this 30th day of April, 1980. GE14ERAL PARTNER: ROBVRT GOLDBERG' General Partner LIMITED PARTNERS: Alan V. Schwartz BY: Robert Goldberg Attorney -In -Fact Mel Brooks BY: Robert Goldberg, Attorney -In -Fact Carol Hal BY: Robert Goldberg,.Attorney-sn-Fact Milton psat BY: aid Robert Goldberg, !Attorney -In -Fact Alcoin, In . BY: Robert oldberg Attorney-ui-Fact Peter _ �chaf _er BY: Robert oldberg, A- rney-In-Fact Nephi P.od cti, s, Inc. BY Robert Goldberg, Atftorney-in-Fact LIMITED PARTNERS: Stanley Gillet BY: � v Robert Goldber , Attorney-In-Fact Tom Meehan BY: Rober Goldberg, ttorney-In-Fact Bernard J. Stei BY: � I R be "Soldberg, ttorney-In-Fact Jordan P vis 1 BY.: �/ 1 Robert 'Gold erg, t torney-ln-Fact Howard Rothbgrg BY _ (16UJIMIf ✓ Ll' Robert oldberg, Ayt�orney-I.n-Fac� Edward Labunski BY: Robert (�oldbei'g, Attorney -In -Fact Robert Gordo it BY: t Robe t Goldberg, torney-In-Fact IrwAbert n 1 I BY: oldb "rgAtty-In-Fact i EXHIBIT A Limited Partners Alan V. Schwartz Barovick, Konecky, Braun, Schwartz & Kay One Dag Hammarskjold Plaza New York, N. Y. 10.007 Mel Brooks c/o Goldberg Stillman 500 Fifth Avenue New York, N.Y. Carol Hall 830 Park Avenue Apt. 10A New York, N. Y. 10021 Milton Psaty 32-45 Queens Blvd. LIC New York 11101 Alcoin, Inc. c/o Allen Glick 1547 El Camino del Teatro Tea Jolla, California 92037 Peter Shaffer 173 Riverside Drive, Apt. 16C New York N.Y. 10024 Nephi Productions, Inc. 4024 Radford Avenue Studio Citv, California 91604 Stanlev Gillette 650 Park Avenue New York, N. Y. 10021 Tom Meehan. 484 West 43d Street, Apt. 315 New York, New York 10036 Bernard J. Stein 9 Woodland Rd. Roslyn, N.Y. 11576 Jordan P . Davis 4039 Camellia Ave. Studio City, California 91604 Howard Rothberg 1706 N. Doheny Drive - Los Angeles, California 90069 Edward Labunski c/o Goldberg Stillman 500 Fifth Avenue, N.Y.,N.Y. 10036 Robert Gordon 6 Short Drive Roslyn, N.Y. 11576 Irwin Selden % of Ownership $ Investmer 3.167 $38,000.00 16.667 200,000.00 16.667 200,000.00 8.333 100,000.00 8.333 100,000.00 8.333 100,000.00 8.333 100,000.00 4.167 50,000.00 4.167 50,000.00 4.167 50,000.00 4.167 50,000.00 4.167 50,000.00 4.167 50,000.00 2.083 25,000.00 2.083 25,000.00 'STATE OF NEW YORK ) .ss.. COUNTY OF NEW YORK ) The foregoing instrument was acknowledged before me this 30th day of April, 1980, by ROBERT GOLDBERG as Attorney- In-F,pct for Alan V. Schwartz,* Mel Brooks, Calo— lull, Milton Psaty, Alcoin, Inc., Peter Shaffer. rLe-phi Production Inc., Stanley Gillette, Tom Meehan, Bernard J. 5±_P n•_7Dxdan P. Davis, Froward Rothberq, Edward Labunski, Robert Gordon Irwin Selden Limited Partners of THE INDEPENDENCE COMPANY, a limited partnership, Witness my hand and official seal. My commission expires � r Notary Publ&c ROBERT KAY :oy hbk. S!51e cl !!e:7 York calitied in i:a7 Yuri Counry Term Expi►es Lluch 30. 1S_1 Pt a,; p}v ac4: !u/?.G/VE1 Vc18; 1 970 920 9399 310 556 0253; Paaw d Fspen Club Properties ID:1-970-920-9399 3CT 25'96 10:12 No.O03 P.04 :•" p]veci; 1 V/25/95 !4; 1 R; t 97V 920 93RO - 310 555 02`i?); P.1a0. 2 G:nPr C.l1 P-rL_D_ert iES Ib:1-970-920-9399 OCT 25'96 10:10 No .003 P.02 • R-C P7vom: IU/%ri/RS 9.4:17; Aspe^ Club Properties • I S77U PZQ pang - e 310 550 0253; Pages a ID:1-9F0-920-9399 OCT 25'96 10:11 N0.009 P_nX