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HomeMy WebLinkAboutlanduse case.AG.709 E Durant Ave.Woodstone Inn.47AG.1982 , ^_._-":~--., " ~. ^ 1.J1- It-9 Wer()4~~~Jt-.e_,_ .-/ , " ." ",,,,,- .. .{. .~-::- .. AGREEMENT 0001\ 441 P"C~ 786 THIS AGREEMENT made this 1t.J~ day of June, 198~ by and between Hans B. Cantrup and June Allen Moss Cantrup (hereinafter "Cantrups") and Resort Hotel Development, ~ =. Inc., a WITNESSETH: ." =ir- ~o Z:::r:J 0:.:1 ....._:; A :<> <:> ;:0 co m m> oz -c oz 3: ::crm _ 'O'::a """ m ~ ceZ'tain N ..to. CO 0') o W real Colorado corporation (hereinafter "RHD"). WHEREAS, Cantrups are the former owners property together-.with buildings and improvements thereon in Aspen, Colorado known as the Wood(ltone Lodge; and WHEREAS, Cantrups and Ronald E. Soderling had made a joint application to the City of Aspen for subdivision exception for purposes of condominiumizing the Woodstone Lodge; and WHEREAS, on May 11, 1981 the Aspen City Council granted said application subject to certain conditions; and WHEREAS, Ronald E. Soderling has failed to close the purchase of the Woodstone Lodge in accordance with the terms of the contract of purchase and sale therefor as a consequence of which all of Soderling's rights and interests in and to the aforesaid approval have terminated; and WHEREAS, Cantrups have sold, transferred and conveyed the Woodstone Lodge to RHD; and WHEREAS, Cantrups desire to assign and RHD desires to assume all of the rights and interests in and to the aforesaid approval subject to the conditions as more specifically hereinafter set forth. NOW THEREFORE, in consideration of the premises, covenants and conditions contained herein the parties hereto hereby agree as follows: 1. Cantrups hereby assign to RHD and RHD hereby assumes all of their rights and interests in and to the approval granted by the City of Aspen on May 11, 1981 for subdivision exception for purposes of condominiumizing the Woodstone Lodge. '-';';;i::';',,~_ "';~<:_'-:- ';<_::'':''h"8~;;~~.w;;:~~l:;'3;<:JE:~ ^-~ '~. ~. A ,~ OOOK 441 Pf,L: 787 2. RHD hereby agrees to be bound by all of the conditions attached to and made a part of said approval, to-wit: a. The applicant agreeing to provide 23 parking spaces for use only by the Woods tone Lodge and Anchorage Restaurant. The lease securing these spaces at the southwest corner of Durant and Galena shall be recorded at the time of condominiumization and shall run with the land for a period of not less than 20 years. b. The applicant recording the restrictive covenants on Unit 121 of the Woodstone Lodge and the covenant and lease on Units 42, 43, and 44 of the Alpina Haus at the time of condominiumization to meet the employee housing requirements of the applicant for 50 years. c. The applicant placing a sign in front of the parking area at the southwest corner of Durant and Galena to designate its use as the parking for the Woodstone Lodge and Anchorage Restaurant. d. The applicant revising the condominium plat to eliminate the temporary floor assembly which is presently shown but which had been removed from the building. e. The applicant executing and the recording of the three Encroachment Agreements drafted by the engineering department. f. Meeting all requirements for the condominiumization of existing lodges and all agreements be approved as to form by the city attorney. 3. To the extent that Cantrups' cooperation shall be necessary for the fulfillment of the conditions set forth in paragraph 2 hereof Cantrups do hereby confirm their assurances to do so. 4. This Agreement may not be modified except in writing, signed by all of the parties. 5 This Agreement shall be binding upon the parties hereto, their heirs, legal representatives, successors, and assigns. - ;,'."" :;,;",,'," .-......';~ .,.,~ .A A " ..~ , 1/ OOOK441 p,\GE788 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the year and day first set forth above. }-;t'L .. C:::: Cantrup " APPROVED AS TO FORM: Pftt/t,.J. T~ , "1 GIf. . Aspen City Attorney CONSENT TO ASSIGNMENT AND ASSUMPTION The City of Aspen, Colorado, through its undersigned representative, hereby consents to the foregoing assignment and assumption of the Woods tone Inn Condominiuminization exception approval of the Aspen City Council of May 11, 1981 and the conditions thereof, Done this ,g day ,19'J73 "","fll(r. ,."" "/"'F" "('" .,' ~{.JO. .($ ''', ," ,,\ ''''..--PR> ~ ''\.J:.'' ".,."(.....,$" ATTEST: '. ~ "- Ma or u..- Clerk '"~,, -::.'.:.;,':,:"'~''','''M'''''''' ,:.;" ~