HomeMy WebLinkAboutcoa.lu.ec.LotD&Part/LotsA-C,Blk90.1982q�%a - 5c,, alp
mark Place - Lots A,B, C, & D
Block 90, City of Aspen
E
C
iZ5 --.
10.
EX (415,-r A
s H L&T- I
FO()No:RE
Ce BAR �„ /•
12 p3�
LOTS G D uAL,64 i r
vac rsl'� :F-A+ l Li` i��1 i i C� J sN I P - 1� _ 3 830 9 '�
�LLovQ liz _-� ICE�UP �eI �o Goylvere 40
T-►�CC.�-P� I Df�d '� Uhl D�iZ j' L! r� �- AD-�U5T►Cov,.re�ahc�
Scv-i 1 A�•z
Q�cr S��Drl1h(oN 'E-X'� 1FTI01`4
LTIMEkTe— i % PAZK .PLP,,--i /S►-'Pr-lF-I- ' Cc). W IL o�JE- ALPINE SURVEYS
t�l+I►.l lP A L.1- D� PPOPF-rr i�F-1J�I ( D �h � � 1d31+r(, p05T OFFIGE 15ox 1730
V.�ITH 714� 57RIP 6&L4P-6D -,LDS/, T{}'I'- `Zb 1��/�"1 D A5PEN, COLOKAUO 5*r1
51( A 5 C, ( .ua.) Al-4 D 'S 4'1' 1"T cM I " C "t'� I.LD �( ) , �CbTT 303 925.260eb
NIILf Ih 'to -,alb 0v�l�Ii�I�hH1P m� �6P wl LF�aF &gib. Vj, , y,14�v J,,
I mo,Wrl0>4Tv roacHj\.,E 6--1 ,re-U,NQ h7�vI'
�— TELE. PEG£S7AL.
5URVEYED, 1 24 c5O
r-F,APTEO % 7 ,�O bO C &.
REVI5ION5: 1 28. 81 G.L.
1i 5'
SW195 GIP7 SHOP
11I.(a'
n
PARK VIEW PLANE
WHEE/LEW E—R PEA EHOUSE
r
100'-- -- - --_ -----
CR055 5EC7I0N OF PROt'ERT`(
ENTIRE. MOPERTY COVERED BY Wf1EELER- OTEK,, t-IOUSE VIEW pW`IE.
O 5 /O 20 30 40 DSO FT
SCALE. I' = 10'
i3A515 CF' 6E^KINGJ 1=CUND/ IKUAR � CAP, L. 5, `1I54, AT H.W.
CORNER OF E51-OCK `10 - 'X' AT N.E. CARNER LOT 9 DLK. `i0.
DATUM MANE: U 5.C. f e 5 MEKW M/\Mr, AT S. W. COfZNE Z- of
FHE. PITKIN COUNTY COUKTI,IOUSE.
5UMVETOK) CETUT)CATE
1, JA'ICS F RE5ER, HERESY CERTIFY TNAT THIS M1W ACCURATELY
DEPICTS A SUK/Ei MADE UNDEF, MY SUPCFYl510N ON
JLLY 24, 1�I80 OF LOT ID ANO A POTION CF- LOT C, k3LCXK
'10, A5PEN M&Nr\L TT0WNSITE, PITKIN COUH-TY, C01-01K M,
JAM 1 RESElZ, L.S. 9184
UtT I`f80
NOMCE: ACCORDING TO COLOFFi LAW YOU MUSE COMMENCE
AM LEGAL ACTION ISASE.D UPCH ANY DEFEC7 IN Tk41J .SURVEY
WITPIN 51X YEAR.` AFTER YOU FIRST DISClDVEK OLK}--I DEFECT.
IN NO EVEI-IT, MAY ANY ACTION EASED UPON ^MY DEFECT III
TLh!) SURVEY 6r- COMMI LACED VME TW I TEN YEN<5 FROM
THE DATE. OF THE CEKTIFICATic)N 54OWN Hmffo".
T 1 T Lf-= T_FOCoIe,Ar4-r MAF
MNT Of IOTS
DLOCN 90
CITY i TOWN5ITE
CE>7
f�t'EN, COLOF AM
J06 NO.: n -97-2
CLIENT ° f t:1f)t11v(\
�"\' H) 6( A
5 146E
oZ
F�NPCe RFgAR Wi C o n ._
Q- TELF. PE.DES"TAL
ALPINE SURVEYS
P05T OFPiGE DOX 1730
ASPEN, COLor A\M bi & 11
3O3 -425 - ZpDeb
5URVEYED= 7 24 50
rx,AFTEr> t 7 �O b0 0 ft.
REVISIONS' 1 78 81 G.L.
215' SW1'�7 GIPI' .�FIOP.
I IlIlo'
........k....' ..................
N
Si
+
� \WAGNER PARK VIEW PLANE
WHEELER OPERA HOUSE
�C VIEW PLANE
100'
CtZ055 SECTION OF FKcf'EK7'(
EINTIRE FKOPERTY COVERED by WMEELER OPEK," I-IOUSE. VIEW FLAhF-.
000
Z
r
O OF— 30 40 '30 FT.
SCALE 1' = 10'
13A515 OF tENLI NGO POUND, KEIMR e CAF, L. S. 9 (84, AT H.W.
CORNER OF MOCK `IO s 'X ; f�T N.E. CCKNIFJZ LOT 17, DLK 90,
DATUM PLANE U.S.C. FG.S. BENCH MAKI<, f\T S.W. CDKNE.R 17F
JT4E P'ITKIN COUNTY COUKTPOUSE.
5U1\V['f0KS 6ENTIF)CATE
I, Jhl IFS F" Kff5ER, HEFEE>Y CERTIFY THAT THIS M1'6' ACCURATELY
DEFICT'�) A 5UKVEY MADE UNPEV�\ MY SUPERvt510N ON
DULY 24, 11180 Or LOT lU ANO A PC K71ON CF LOT Cl 15LOCK
110, ASPEN OKV&N, L_ TOWNSfTE, PITKIN COUNTY, COL.OKAM
JN 1 E R�SEfZ, L.S. ` JE34
U5-f !�- I980
N0710E: ACCORDINS TO COLOFZA X I-AW YOU MUSE COMMENCE
ANY LEGAL ACTION DASED UPON AN-( DEFECT IN T":::) .SURVEY
WITHIN SIX YEAR`) h;7M YOU FIK-DT D75CpVE1Z SUCH t7EPEC7.
IN NO EVENT, MP.Y ANY ACTION EASED UFM MlY DEFECT IN
T -,IS SURVEY 8F GCMMI�ICED F [XE ll- I TEN YEN<5 FKOM
THE DATE Or THE. CERTIFIC^TIC)N JI-IOWN I-MEO".
u
IJ/n . PP) _ A7- 9
rAr\T OF gJOTS C E q CLIENT ° FLlrlStl>rl�
MOM 10
CITY E TOWN01TF OF TEN, COLOIZ,�
ExN16i-r �
SNEET �
FpUNp RF
CAn �4R
ALPINE SURVEYS
P05T OFFICE e�oX 1790
A5PEN, COLOKAr-o 5i&f I
303 925 266b
-- TELE. PEDESTAL
5UIRVEYED, 7 24 (50 r�,.I' -
Q9,A Eb: 7 1 b0 D.ft
REV151C)N5' I 28 81 G.L.
n..
7-
215' yW197 GIP7 bF10Y
IIa
........ E......
WAGNER PARK VIEW PLANE
WHEELER OPERA HOUSE
VIEW PLANE
G1Z0Z55 SECTION OF FKOPEK-T'f
ENTIRE PROPER -Ty COVERED BY WrIEELER OPERA "0U5t VIE1V PLAf'IE.
O <i /O 2p 30 40 10 FT
SCALE 1" = 10'
5A515 OF tiE^FJNG0 FOUND, KE15AK e C^F, L.S. 1154 A7 H.W.
COINER OF BLOCK `10 E W AT N.E. CDKNE.R LOT D, DLK.90,
DATUM PLANE , U S.C. F G 5. 1NCI-I M/1Rlt /\T S W. CORNER
' PF- FITKIN COUNTY C.OUKTI-IOUSE.
5UNVEVM25I CERTIMCATE
I, JAmE--5 F Pf:5ER, HERf.6Y CERTIFY THAT TH15 MAF ACCURATELY
DEPICTS A 5LJKVE:Y MADE UNPEF'\ MY JUPERVtSION ON
DULY 24, 1150 Cr LOT 1D ANO A PGKTION CF LOT C, 15LCXK
1,10, A5'EN O NAL TOWN5ITE, PITKIN COUH-TY, COLOK AM,
JAMO f R4SEF- L.S. 9104
U57 L{- (-180
NOTICE ACC.ORDIN6 7O COLoKADD LAW YOU MUSE COMMENCE
ANf LECpAL ACTION BASED UPON ANY DEFEC7 IN 744IJ SURVEY
W17PIN 51X YEARS )AFTER YOU FIK57 DISCOVER --OCH t7EFECT.
IN NO EVENT, MoY ANY AC,71ON EASED UPON ANY DEFECT IN
TLIIS SURVEY BE COMMtHCED NC fZE T�l 7EN `fEAZS FROM
THE DATE. OF -ME Cf-KTIFICf\TION JhIOWN HMEOPI.
TI7LE: ; „gF
MT Of LOTS C E 0
B
DLOCN 10
CITY E TOWN5ITF OF fnl EN, COLC>�
JOB NO : b0 -`17-2
CLIENT: FLF15HIr(\
Em�ie,i-r A
Ska-T 1
FOND
reRFBgR .,,,
ALPINE SURVEYS
P05T OPPIGE SOX 1730
ASPEN, COLOIeAM 451(o f 1
303 925.2(o6e�
r
— TELE. PEt%£S7AL
5URVEYE D, 7 Z4 -00
REVISIONS: 1 7.8.81 G.L.
22.5'
5Wl'5g 61P7 51-IO'
I I (a
8
WAGNER PARK VIEW PLANE
WHEELER OPERA HOUSE
t VIEW PLANE
IQ
m N
1/
CK055 SECTION OF PROt'EfK-T f
ENTIRE PROPERTY COVERED BY WHEELER OPERA I-IDUSE VIEW nA IE..
S
g
O 5 /O 20 30 40 70 FT.
SCALE 1" = 10'
8A515 OF 6ElVZI1-iGJ POUND KEIAR e CAF, L.S. 915. AT N.W
COKNER OF i'>LOCK 10 E W AT N.E. C1OKNER LOT C7, MK, 90,
DATUM PLANE, U.S.C. EG.5, MAKr, AT SW. CORNER i7F
THE. FITKIN COUNTY COUFcTf-1OU:!;E.
5MVE'f0PZ) 6EKTIFICATC
I, JAME5 F K£5>x, HERE15Y CERTIFY THAT THIS MAd' ACCURATELY
OEE ICTS A 5LJKVEY MADE UNrEF\ MY --�UPERVI510N ON
DULY 24, 1�180 OF LOT ID ANO A PC KTION OF LOT C, 5LCXK
'10, ASPEN OKKAf ALTOWN51-Vr-, MTKIN COUNTY, CCX OKi .
JAMVa f KESER, L.S. 9104
UST 4—, 1980
N0710E ACCORDING TO COLO?,� LAW YOU MUST COMMENCE
ANY LEGAL ACTION bA!:E.D UPCN ANY DEFECT IN 7W--) SURVEY
WITPIN SIX YE.AR5 AFTER YOU FlKn)-C DISC DVER 5i n-1 12FFFt'T
IN NO EVENT, h-Wr ANY ACTION EASED UfnN
THIS SURVEY BE COMMENCED VME TI IN l TE
THE DATE. OF THE. CEKTIFICf\TON .-F-IOWN µEi
1 1 l �.�� I,�xc.xmvv'H I I-lnr
rANT Of qLM C f n
DLOC1� 10
CITY e TOWN5ITE OF ASPEN, COLD, C
EX+-I_iY3-r-r
SPLET -)-
i
FO()Np .
r,e r"'4 R /l
ALPINE SURVEYS
F05T OFFICE 15OX 1 W
A5R3-i, COLOKI'= 61 & f I
�03 -425.21ob8
L-1'— TELE, PEDESTAL
�uiwf I L.L-1° I L* w I -I \..
rx'A'rTEV1 7 --o b0 D.IZ.
REV1510145: I 78. 81 G.L.
2115 9WI�7 61P7 SFIOP
I III
._.....t... n
WA6NER PARK V
IEW PLANE
�— WHEELER OPERA HOUSE
=— VIEW PLANE
� m N
S �
IQ7, — — -- -----A
C1C055 5ECTION OF PR0rE:RTi
tNTIRE PROPERTY COVEFZO BY WMEELEF, OFERA HOUSE VIEW I' -NIL.
O 5 /O 20 30 40 ?o FT
SCALE. 1' - 10'
�A515 Cf BE ^lz4NG0 FC)UNI2, KEtAK - CAP, L. S. 9184; AT H.W.
GDR.NER OF MOCK `IO s 'X' AT N.E. CORNER LOT 12 6LK.'10,
DATUM PLANE: U.S.C. F G 5. I-C1,4 MAKr,, / \T fS. W COKNEJ of
THE FITKIN COUNTY CoUKTI K(JnE.
5UNVETOK) CERTIFICATE
I, Jnt1E5 r Kff5ER, HERE6Y CERTIFY THAT THIS M/W ACCUKATELY
rDEFICT'S A SURVEY MADE UNIEF, MY SUPERVISION ON
L)LA Y 24, 11150 aF LOT IDANO A FCKTION CF 1-07 Cl 5LOCK
'10, ASFEN C)K, G&NAL TOWNSfT1=, FITKIN COUNTY, COLOKAF0
�"^
IJ/Wl 1 , RESE -, L.S. 9154
U5T 4- 1980
NOTICE: %CCOR'DING TO COLOKADO LAW YOU MUSE COMMENCE
ANY LEGAL ACTION If)At)E.D Uf ON AN-( DEFYC7 IN Ta-US SURVEY
WITHIN 51X YEhfZS AFTER YOU FIKZST DI:X0VEF, 5UC#-1 17EFEC.T.
IN NO EVENT, MAY ANY ACTION 1!5AtZZ1 L)r0N ^MY DEFECT IN
T!-IIS SURVEY 8E COMMENCED fIME THA1-I TEN 1EAIZ5 FROM
TI-IC DATE. OF THE CEKTIFICYNTION J+-IOWN HEREON,
T I T I F. Ti t rVJP Arl fY M A P
W\TOff'LM CE0
DLOCN 90
CITY E TOWNO)Tff 07 ASPEN, COLOK AVO
CLIENT: nE:lnHM
En H 16 ►i q
FOQAIG. �,
CAw *R � —
ALPINE SURVEYS
POST OPFIGE r) X MO
ASPEN, COLOKAM 51 & 11
" 425.26,6b
n
--- TELE. PEDE57^L.
5LJKVEYED1 7 24 80
1YAETE0, 7 L�O b0 DR.
REV151oN5: 1 78. 81 G.L.
y:5'
`.5W155 &IF7 6NOF
II ��
.......... n
WAGNER PARK
VIEW PLANE
��—�_---- WHEELER OPERA HOUSE
�-� — VIEW PLANE
n�
mN
� gII
— — - 100'
GK05�) 5wT10N OF PIZaF'ERT`(
ENTIRI= F'KOPEK-IY COVERED BY WHEELER, OPERA I-IOUSE VIEW PI.AJ'11=..
O 5 /O 20 30 40 'SO FT.
SCALE: I' - 10'
5A515 OF t5EI NGO POUNI2, Kff�' K � CAF, L. 5. 9184 AT H.W.
CC(-�HEIZ OF P>LOCK `D s 'X' AT N.E. CMER LOT D, DLK. `10.
DATUM MANE U S.C. * e..9. 1--EKP M^KJ", A7 5W. COKNEJZ L
(F1E MTKIN COUNTY COURTHOUSE.
5UNVEVK) CJr VIFICATE
I, JA'IE3 F R1=51 R, NERf.ff>Y CERTIFY -94AT TNIn MA4' ACCURATELY
DEPICTS A 5UKVEY MADE UHP T� MY ON
DULY 24, 1180 OF LOT D ANO A FCKTION- Cr LOT Cl 5LOCK
`10, ASPE�OKAL 70WNSITE, PITKIN COLH-TY, C.0..0RN70
JAMZ F RESEF-, L.S. ` I34
U5T LL- l`180
NOTICE: ACGOZDIN6 70 COLOKMT O 1AW YOU MVST COMMENCE
AW LEGAL ACTION BASED LFcN ANY DETECT IN 7441O SURVEY
WITHIN 51X YEAV AFTEK YOU FFIKST DISCIDVEK SLJC.H DEFECT.
IN 1-10 EVFhIT, MAY ANY ACTION EASED UPON ANY DEFECT IH
7LI15 SURYE.Y BE COMMENCED VLF
,E lPArl TEN YE1Vtn FKOM
T4IE MATE Or' THE CEKTIFICf\TIO`I -+40WN HE.iZEON.
40
j.
t
; T L1 T Df DCiT-ArP'' MA(' JOt5 NO. 150 -'17- 2
rANT O. LM C e CLIENT ° 1 Lff15t1>rC�
MOM \ 10
CITY E TOWN01TE OF /AnFEN, COLOK ADO
Li
KBE 19 1134 9.A9 MC981.
VICiN(TY MAP I
SC6.L I'=1oo0'
1
1
NOTICE. According to Colorado law you must commence any legal action
based upon any defect in this survey within six years after you first discover
such defect. In no event may any Action based upon any defect m this survey
be commenced more than ten years from the date of the certification shown
hereon.
�Iv
Alpine Surveys
Post Office Box 1730
Aspen, Colorado 81611
303 925 2688
N° OF UNITS
RE510ENTIAL 4- — I BEDf200M (MIDDLE INCOME EMPLOYEE
HOUSING UNITS).
COMMERCIAL J
Surveyed
Drafted
PARK PLACE
A CONDOMINIUM
[CONCEPTUAL PLAN I
C��JNEf'zS GLPTIFIGATE
PARK PLACE DEVELOPMENT CO., A PARTNERSHIP AS OWNER OF
PART OF LOTS A, B, AND C, AND ALL OF LOT D, BLOCK
90, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO. BEING MORE FULLY DESCRIBED AS
FOLLOWS;
BEGINNING AT THE NORTH EAST CORNER OF LOT D OF SAID
BLOCK 90 ;
THENCE S 14-°50'49"W 100.00 FEET;
THENCE N 75'09'll' W 120-3G FEET; TO THE SOUTH WEST
CORNER OF LOT A OF SAID BLOCK 90 ;
THENCE N IV50'43"E 4.1-04 FEET: ALONG THE WESTERLY
BOUNDARY OF SAID LOT A
THENCE S 75'05'11"E GO-i.; FEET; TO THE EASTERLY
WALL OF THE EXISTING BUILDING;
THENCE N IV47'00"E 58-9G FEET ; ALONG SAID WALL AND
EXTENSION THEREOF TO THE NORTHERN BOUNDARY
OF SA.I P BLOCK 90 ;
THENCE 515'00'11"E 59-G4-FEET; ALONG SAID BOUNDARY
TO THE POINT OF BEGINNING ,CONTAINING 8454-5Q.FT
MORE OR LESS, HEREBY CERTIFY THAT THIS MAP OF PARK
PLACE, A CONDOMINIUM HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED
IN THE CONDOMINIUM DECLARATION FOR PARK PLACE, A CONDOMINIUM, DATED-_-- AND
1REC012DED IN BOOK ------ AT PAGE - PA01RFK PL CE DEDPITKINS OF
VELOPMENT CO.. A PA12 ERSHHIIP.
BY-_ --
STATE OF COLORA001 S.S. PAKTNER .
COUNTY OF PITKIN JJ
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED
BEFORE ME THIS DAY OF_ _ _ _ _ _ _ _ _ _ _ _ _,1582 ,
By _ - AS A PAIRTNEI2 OF PARK PLACE DEVELOPMENT CO., A PAt2TNE;ZSHIP
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES -___-----------
NOTARY pUpLIC
ADDRESS OF NOTARY. - - _
SMRVEYOR"S GERTE OC AT(TIE
I, JAMES F. RESER, A REGISTERED LAND SURVEYOR, HEREBY
CERTIFY THAT THIS MAP REPRESENTS AN ACTUAL FIELD
SURVEY PERFORMED UNDER MY DIRECTION AND SUPER-
VISION IN JANUARY 1382 OF PART OF LOTS A,B AND C,
AND ALL OF LOT D, BLOCK 50 , CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORkVO, BEING MORE FULLY
DESCR.IBEV AS FOLLOWS;
BEGINNING AT THE NORTH EAST CORNER OF LOT D OF SAID
BLOCK 130 ;
THENCE 514 50'49"IN 100-00FEET;
THENCE N 75'09'II' W 120.3G FEET, TO THE SOUTH WEST
CORNER OF LOT A OF SAID BLOCK 90;
THENCE N 14*50'49"E 4-1.04. FEET; ALONG THE WESTERLY
130UNDARY OF SAID LOT A ;
THENCE S 75'09'I1"E GO.79 FEET; TO THE EASTERLY
WALL OF THE EXISTING BUILDDING;
THENCE N 14.' 17'00" E 58-9G FEET; ALONG SAID WALL AND
EXTENSION THEREOF TO THE NORTHE.F'2N 80UNIDAIZY OF
SAID BLOCK JO;
THENCE S75'09'II"E 59•G4- FEET; ALONG SAID BOUNDARY
TO THE POINT OF BEGINNING, CONTAINING 8454- SQ.FT, MORE
OR LESS.
ALPINE SURVEYS BY JAMES F. RESER
-----------,1982. L.S. 9184-
z//T
NORTH
0 5 10 20 30 40 50
SCALE: I" = 10'
BASIS OF BEARING: FOUND: REBARXaAT NE .S.918R,AT NOF LOT CORNER
OF
90.
BLOCK 90 9
Revisions
Title
ITY OF ASPEN CONDOMINIUM,
Af'PROV/1L
THIS CONDOMINIUM MAP OF PARK PLACE, A CONDOMINIUM WAS
APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
PITKIN COUNTY, COLORADO, THIS --------------- DAY OF
------ -----, 1982.
HERMAN EI�EL
MAYOR
KATHiZYN KOCH
CLERK
GITY ENGINEER"S CONDOMINIUM
APPROVAL
THIS CONDOMINIUM MAP OF PARK PLACE, A CONDOMINIUM
WAS APPROVED BY THE CITY ENGINEER OF THE CITY OF
ASPEN, PITKIN COUNTY, COLORADO, THIS_ _ _ _ _ _ _ __ _DAY
OF- - - - _ - -- - -, 1582.
CITY ENGINEER
PLANNING cLOON�jrGOOMMISSIOON''
GOONOOMIN01W, A�VAL
THIS CONDOMINIUM MAP OF PARK PLACE, A CONDOMINIUM
WAS APPROVED BY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION THIS ------------- DAY OF- _--___-_____,1582-
----------------
CHAIRMAN
CAI E RK & RECORDCRBS C ERTOFOCA
THIS CONDOMINIUM MAP OF PARK PLACE, A CONDOMINIUM
WAS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK
AND RECORDER OF THE GOUNTY OF PITKIN, STATE OF
COLOIRA.DO, AT --------- O'CLOCK,_____.M.,
OF ----------- 1582, AND WAS DULY FILED IN BOOK
------____AT PAGE----------PF_CE.PTION N''__---------
PARK PLACE
A CONDDOMONOUM
PITKIN COUNTY CLERK
AND RECORDER .
Job =2 1
Client FLEISHER.
SHEET I OF
K&E 19 1154 5-80 MC9541
I
/ I
I
NORTH ELEMATON
Oil
BASEMENT PLAN
BASEMENT PLAN
NOTICE. According to Colorado law you must commence any legal action
based upon any defect In this survey within six years after you first discover
such defect. In no event may any action based upon any defect in this survey,
be commenced more than ten years from the date of the certification shown
hereon.
1
STAIRWELL \\\`>
L.C.E.101
202
L.C.E. 301-304
TRASH AREA
L.C.E. 102 G.C.E.
FERST FLOOR PLAN
NOTE: ACCESS TO NORTH MECHANICAL ROOM IS THROUGH UNIT 101,
AND AN EASEMENT IS HEREBY CREATED FOR THAT PURPOSE.
A -- - --- e�' - -
NIp11IV *.U§ vq--y�
Post Office Box 1730
Aspen, Colorado 81611
303 925 2688
201
FIRST FLOOR PLAN
SEGOOND FLOOR F'LI�N'
SECOND FLOOR PLAN
Surveyed Revisions
M-44-4
t rr I
II
I ttt Ir ll
SOUTH ELE VAT0N
r--------
I II
I II
I it
I
EST ELL y/ATON
SOUTH ELEVATE ON
T
I
�I I
�I II ll I
I I I I==J
II I =-II II
—J L----------------� I=_a I I
--� r-----------------�
II I
II It-�I
Title PARK PLACE
Q GONDDOOM ONBUM
Job NO 82 A 2
Client FLEpSHE God
))F 2
K&E 19 1134 $-SO MC954.
a
�Q7 i i '_■ i i i, i
NOTICE: According to Colorado law you must commence any legal action
based upon any defect in this survey within six years after you first discover _
such defect. In no event may any action based upon any defect in this survey
be commenced more than Fen years from the date of the certification shown
hereon. .
Alpine Surveys
Post Office Box 1730
Aspen, Colorado 81611
303 925 2688
MAZZ
N OF UNITS
RE.510ENTIAL 4- — 1 BEDROOM (MIDDLE INCOME EMPLOYEE
HOUSING UNITS.).
COMMERCIAL 9
Surveyed
Drafted
PARK PLACE
CONDOMINIUM
I CONCEPTUAL '.'PLAN)
C��1�r'NE.-1�'`_- GCRTIFIGATE
PARK PLACE DEVELOPMENT CO., A PARTNERSHIP AS OWNER OF
PART OF LOTS A, B, AND C. AND ALL OF LOT D, BLOCK
90, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO, BEING MORE FULLY DESCRIISE.D AS
FOLLOWS;
BEGINNING AT THE NORTH EAST CORNER OF LOT D OF SAID
BLOCK 90;
THENCE S 14'50'49" W )00.00 FEET;
THENCE N 15'0V 11" W 120-3G FEET. TO THE SOUTH WEST
CORNET? OF LOT A OF SAID BLOCK 90 ;
THENCE N 14-'50'49"E 4.1.04 FEET; ALONG THE WESTERLY
BOUNDARY OF SAID LOT A;
THENCE S 75"05'11"E G079 FEET; TO THE EASTERLY
WALL OF THE EXISTING BUILDING;
THENCE N IV47'00"E 58-9G FEET; ALONG SAID WALL AND
EXTENSION THEREOF TO THE NORTHERN BOUNDARY
OF SAM> BLOCK 90 ;
THENCE 575"OS" "E 55,G4-FEET; ALONG SAID 60UNDARY
TO THE POINT OF BEGINNING, CONTAINING E454.5Q.FT.
MORE OR LESS, HERESY CERTIFY THAT THIS MAP OF PARK
PLACE, A CONDOMINIUM HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED
IN THE CONDOMINIUM DECLARATION FOR PARK PLACE, A CONDOMINIUM, DATED AND
KECORDED 1N BOOK_____ AT PAGE____ -OF THE RECORDS OF PITKIN COUNTY, COLORADO.
PARK PLACE DEVELOPMENT CO., A PARTNERSHIP
STATE OF COLORADO BY
COUNTY OF PITKIN } S.S. PARTNETZ.
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED
BEFORE ME THIS_______ DAY OF ------ 1582,
BY _ _ __ _ _ _. _ _ _ _ - __,AS A PARTNER OF PARK PLACE DEVELOPMENT CO., A PARTNERSHIP?
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION
NOTARRY PUBLIC
ADDRESS OF NOTARY .-___--_-_-
SUfVEYOR'S GEF:TIFIGAT
I, JAMES F. RESER, A REGISTERED LAND SURVEYOR, HEREBY
CERTIFY THAT THIS MAP REPRESENTS AN ACTUAL FIELD
SURVEY PERFORMED UNDER MY DIRECTION AND SUPER-
VISION IN JANUARY 1382 OF PART OF LOTS A,5 AND C,
AND ALL OF LOT Or 6LOCK 90 , CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO, BEING MOKE FULLY
DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTH EAST CORNER OF LOT D OF SAID
BLOCK 90 ;
THENCE S 14? S0'4-9" W 100.00 FEET ;
THENCE N 75'OJ' II" W 120-3G FEET, TO THE SOUTH WEST
CORNER OF LOT A OF SAID BLOCK 90;
THENCE N 144'5O'49"E W-OLI. FEET; ALONG THE WESTERLY
BOUNDARY OF SA-10 LOT A ;
THENCE 5 -7S'09'I10E GO.79 FEET; TO THE EASTERLY
WALL OF THE EXISTING BUILDING;
THENCE N 11.t. 4"7'00"E 58.9G FEET; ALONG SAID WALL AND
EXTEN810N THEREOF TO THE NORTHERN BOUNDARY OF
SAID BLOCK 90;
THENCE S75'09'II"E 59•164- FEET; ALONG SARI BOUNDARY
TO THE POINT OF BEGINNING, CONTAINING 8454 SQ.FT, MORE
OR LESS.
ALPINE SURVEYS By: JAMES F. RESE.R
L.S.9184-
zi��
NORTH
0 5 10 20 50 40 50
SCALE: I" = 10'
BASIS OF BEARING: FOUND: REBAR 8 CAP. L.S.9184, AT NW CORNER OF
BLOCK 90 8 X" AT NE CORNER OF LOT D, BLACK 90.
Revisions
CITY OF ASPEN CONDOMINIUM
AI'I'ROVAL
THIS CONDOMINIUM MAP OF PARK PLACE, A CONDOMINIUM WAS
APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
PITKIN COUNTY, COLORADO, THIS --------------- DAY OF
HERMAN EDEL
MAYOR
KATNRYN KOCH
CLERK
ITY [ENGON ER S CONDOMINIUM
APPROVAL
THIS CONDOMINIUM MAP OF PARK PLACE, A CONDOMINIUM
WAS APPROVED BY THE CITY ENGINEER OF THE CITY OF
ASPEN, PITKIN COUNTY, COLORADO, THIS_ _ _ _ _ _ _ _ _ __ _DAY
OF____..__________, 1982.
CITY ENGINEER
PLANNIN c, ZONING COMMISSIOEL GOONDOOMINIUf�I AF�F'ROOV'
THIS CONDOMINIUM MAP OF PARK PLACE, A CONDOMINIUM
WAS APPROVED IBY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION THIS_____ PAY
CHAIRMAN
LERK & RECORDER'S GEI�TIFIGAT
THIS CONDOMINIUM MAP OF PARK PLACE, A CONDOMINIUM
WAS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK
AND RECORDER OF THE COUNTY OF PITKIN, STATE OF
COLORADO, AT --------- O'CLOCK ------- M.. THIS__________DA,Y
OF ------------- 1382, AND WAS DULY FILED IN ISOOK
N'•_------____--
-ARK PLACE:
CONDOMINIUM
PITKIN COUNTY CLERK
AND RECORDER.
Job No82-1
client FLEIStiER
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BASEMENT PLAN
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L.C.E.101
202
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FORST FLOOR PLAN
NOTE: ACCESS TO NORTH MECHANICAL ROOM IS THROUGH UNIT 101,
AND AN EASEMENT IS HEREBY CREATED FOR THAT PURPOSE.
201
FORST FLOOR PLAN
SECOND FLOOR PLAN
NOTICE According to Colorado law you must commence any legal action Alpine Surveys Surveyed
based upon any defect in this survey within six years after you first discover
such defect. In no event may any action based upon any defect in this survey Drafted
be commenced more than ten years from the date of the certification shown - Post Office Box 1730
hereon. _ _ Aspen. Colorado 81611
303 925 2688
307 306 305
L.C. E. 305 — 307
MP
.SECOND FLOOR PLAN
Revisions
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0
Aspen/Pitkin Planning Office
130 south 77TFTA's tree t
aspen *4 0 81611
MEMORANDUM
TO: City Attorney
City Engineer
FROM: Jack Johnson, Planning Office
RE: Park Place Development Subdivision Exception and Exemption
DATE: February 18, 1981
The attached application requests exception from the strict application of
subdivision regulations in order to create a new configuration of Lots A,
B, C and D in Block 90, City and Townsite of Aspen for the purpose of recon-
stituting the original lot lines and aiding in the orderly development of
the proposed Park Place project. This item is scheduled for review by the
Aspen Planning and Zoning Commission on March 17, 1981; therefore please
return your comments to me no later than March 4, 1981. Thank you.
0 0
LAW OFFICES
OATES, HUGHES & KNEZEVICH
LEONARD M. OATES
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH QUINN
February 10, 1981
City Council
City of Aspen
130 South Galena Street
Aspen, CO 81611
Planning Commission
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPKINS AVENUE
ASPEN, COLORADO 81611
City of Aspen
130 South Galena Street
Aspen, CO 81611
Aspen/Pitkin Planning Commission
City Hall
130 South Galena Street
Aspen, CO 81611
ATTENTION: Sunny Vann
AREA CODE 303
TELEPHONE 920-1700
RE: Application for an Exception from the Strict Application of
and Exemption from the Subdivision Regulations of the City
of Aspen - Lots A, B, C, & D, in Block 90, City and Townsite
of Aspen
Ladies and Gentlemen:
We represent the Park Place Development Co., a partnership consisting
of Donald Fleisher, Richard R. Woods and David Fleisher (the "Buyers")
and Aspen Skiing Corporation ("ASCII) who, by this application, seek
exception from the strict application of the subdivision regulations
of the City of Aspen (Section 2019(a) of the Municipal Code of the
City of Aspen) in connection with (1) a proposed boundary readjustment
of the westerly boundary of Lots C and D, in Block 90, City and
Townsite of Aspen, owned by a family partnership of the Dr. Russell
and Mary Hugh Scott family and under Lease (with option to purchase)
to Bayly Manufacturing Corporation, the effect of which will be to
substantially reconstitute the original westerly boundary of Lot C,
thereby permitting the efficient development of the proposed Park
Place Development on Lots C and D; and (2) permission for ASC to
temporarily convey to the Buyers that portion of Lots C and D owned
by it upon the condition that the Buyers thereafter be obligated to
buy from ASC and ASC be obligated to sell to Buyers the portions of
Lots A and B owned by ASC, upon the further condition that permanently
all of ASC's ownership in Lots A, B, C, and D, when vested in ownership
GATES, HUGHES & KNEZEVICH, P. C.
in the Buyers, be considered one and only one parcel of property
thereafter subject to full application of the City of Aspen's
subdivision regulations.
GENERAL CONDITIONS:
The following general conditions are applicable to all of Lots A,
B, C, and D. The property, which is zoned CC Commercial Core, is
bound on the north by the Cooper Street Mall, on the west by the
Mill Street Mall, and on the south by Rubey Park, separated therefrom
only by the alley immediately to the rear of the property which
alley is open to vehicular traffic. This alley is the nearest open
public vehicular access for service purposes. The four lots contain
12,036 square feet, more or less. The Scott family partnership
owns the portion of the Lots marked in red on Sheet 1 of the map
attached hereto as Exhibit "A" hereto, currently containing 3809
square feet. Said property may hereinafter be called the "Scott
property". ASC'S ownership of the Lots is 8227', marked in blue on
Sheet 1 of Exhibit "A".
HISTORICAL BACKGROUND:
By way of historical background, the integrity of Lots A, B, C and
D was altered by conveyances made in 1957 and which, although the
property descriptions have been slightly altered and modified from
time to time since then to conform to the improvements in place on
Lots A and B, they have remained substantially the same since then.
The conveyances created the odd situation which exists today. As
nearly as can be determined the buildings situate on Lots A and B
were built in the late 1950's or early 19601s. Although the struc-
tures on the property may appear as being one building, they are,
in fact, two buildings. The first is the ASC'S office building,
situate on the southerly portion of the lot marked Sheet 2 of
Exhibit "A", and the other being the Aspen Leaf Building, situate
on the northerly portion of Lots A and B, marked in orange on
Sheet 2 of Exhibit "A". The two buildings are connected by a
common wall, without the obvious benefits of any common wall agreement
or documentation setting forth the respective rights, duties and
obligations of the parties in terms of the maintenance, use and
occupancy of the buildings. While none may be necessary as a
matter of law inasmuch as the ground underlying each structure
belongs or is in separate ownership, the situation is less than
ideal, in terms of the current state of the art, i.e. commercial
condominiums with sophisticated governing documentation. The
efficient function of the properties under all of the circumstances
has been further complicated by the creation of the Cooper Street
Mall to the north of the buildings and the Mill Street Mall to the
-2-
OATES, HUGHES & KNEZEVICH, P. C.
west thereof. Essentially, at some point in the early 50's or
early 60's, the 192 square feet, which the applicant is asking be
reconstituted as an integral part of Lots C and D, was conveyed to
the then owner of the Aspen Leaf Building. Based upon our inquiries,
we can determine that this conveyance was made with the anticipation
by that owner that at that point in time the remainder of Lots C
and D were to be developed, and was made it was felt that, upon
such development, the Aspen Leaf Building would need an access
corridor to permit the reading of utility meters and for maintenance
of the east side of the Aspen Leaf Building. The Snowmass Pavilion
was placed on the portion of Lots C and D owned by ASC under a
ground lease arrangement. Those improvements have since been moved
from Lots C and D, and of course, those lots are presently vacant.
At the point in time this 192 square foot accommodation was made
for the benefit of the owner of the Aspen Leaf Building, the property
values were very nominal, even in the downtown Aspen area, and it
is acknowledged that the arrangement with respect to the 192 square
feet was made with very little foresight.
When the two buildings were constructed on Lots A and B, they were,
as permitted within the then applicable zoning law at the time,
built lot line to lot line. The applicant does not feel that good
planning practices were applied at that time, but feels that all of
the actions are excusable, simply because the owners could not
forsee what was going to happen with respect to the development of
the downtown Aspen area.
REQUEST FOR EXCEPTION FOR BOUNDARY LINE ADJUSTMENT:
It is the desire of the applicant Buyers that its request for
subdivision exemption proceed simultaneously with its presently
pending PUD application for the development of the Park Place
Development. Applicant Buyers seek to revise the boundary line by
subtracting from the Scott Property those portions of Lots C and D
described on Exhibit "B" hereto and shown on Sheet 1 of the map
submitted herewith labeled as Exhibit "A" outlined in yellow containing
192 square feet, more or less. This will be accomplished by conveyance
of the 192 square foot parcel by the Scott Family Partnership to
the Buyers.
The applicant Buyers represent, that based upon its computation of
the square footages in the building or buildings on Lots A and B,
that the Aspen Leaf Building does not, standing alone without the
192 square feet to be conveyed, exceed the currently existing floor
area ratio (FAR) requirements for the applicable zone district, nor
does the FAR of the ASC office building, when coupled with the
proposed development of the Buyers on Lots C and D, given that the
-3-
0 •
OATES, HUGHES & KNEZEVICH, P. C.
strip will be conveyed to Buyers and the Buyers will own in addition
to Lots C and D as reconstituted, ASC'S portion of Lots A and B,
all of which will be a part of one ownership package prospectively
subject to application of the City of Aspen's Subdivision Regulations.
In addition, the remaining portion of Lots A and B within the Scott
Property will constitute a legal lot with adequate width (61.341)
and square footage (3617 square feet) for the CC zone district.
See the attached Summary of Land Ownership and Building FAR'S
attached hereto as Exhibit "C".
It is the applicant's position that the boundary line adjustment
requested substantially reconstituting the integrity of the boundary
line separating Lots A and B, and Lots C and D, by virtue of approval
of the conveyance of 192 square feet from the Scott Property interest
to the Buyers, will permit the Buyers to proceed with an efficient
high quality development of Lots C and D, employing good planning
practices; and will permit the development of a logical plan for
management, maintenance and future redevelopment of Lots A and B,
utilizing good planning practices and comprehensive documentation.
The applicant represents that it will, upon conveyance of the 192
square feet and acquisition of ASC'S portion of Lots A and B, enter
into detailed and comprehensive agreements with the Scott family
partnership for adequate common wall agreements and for adequate
utility service and merchandise delivery services from the alley to
the north of the Aspen Skiing Corporation office structure between
it and Rubey Park. All of this will have the effect to resolve
significant problems which exist today with respect to the efficient
functionalness of the Aspen Leaf Building caused by the original
development and compounded creation of the two malls hereinbefore
referred to.
SUBDIVISION EXEMPTION:
The second request is for exemption from City of Aspen's subdivision
regulations asking for permission to convey ASC'S portion of Lots A
and B separately from its conveying of Lots C and D, both conveyances
being to the Buyer. ASC and Buyer have a bilateral specific perfor-
mance contract of exchange for both properties. ASC has determined
to locate its business office at the Airport Business Center in a
new facility which will better suit its needs and combine and
consolidate numerous of ASC'S administrative functions which are
now fragmented due to limited space available in its present office
building and land use regulations discouraging certain functions
from being located therein. However, its new facility is not
constructed, and will not be completed until Spring, 1982, (est.).
Therefore, ASC will need to retain ownership, occupancy and use of
its present office building on Lots A and B. Additionally, ASC
QM
C�
11
OATES, HUGHES & KNEZEVICH, P. C.
under its contract with Buyers has structured its sale so that it
will be in the form of a property exchange. However, Buyers are
desirous of commencing construction in Lots C and D in the spring
of 1981. ASC wishes to accommodate Buyer in its desire. Therefore,
it is proposed that ASC be permitted to convey those portions of
Lots C and D owned by it to Buyer during April, 1981, while retaining
temporary ownership of those portions of Lots A and B until its new
building is completed, all upon the condition that ASC be obligated
to sell and Buyer obligated to buy the same upon such completion,
but no later than December, 1982; and upon the further condition
that upon such subsequent conveyance that all of the property, i.e.
all portions of Lots A, B, C, and D now owned by ASC, together with
the 192 square foot parcel hereinbefore discussed, shall be considered
one parcel of land for all purposes, subject to the application of
the City of Aspen Subdivision Regulations.
Based upon the statement of purposes above described, the applicants
feel that their proposal falls within the category of an exemption
from the definition of a subdivision, as such definition is contained
in Section 20-3 of the Municipal Code of the City of Aspen.
Given that the principle purpose and intent of the subdivision laws
is to accommodate orderly and planned development and that the lots
and development packages as adjusted will conform with good planning
practices and in no way affect permitted structures and density, we
believe that a subdivision exemption from the City of Aspen subdivision
law is appropriate in this case. The applicant believes that by
the exemption and fulfillment of its commitments that it is resolving
substantial and significant existing problems which have been
historically created by unforseen events, which unless resolved
will only compound in the future. By orderly development of Lots C
and D as proposed by the Buyers, and providing mechanism for the
orderly use, maintenance and future improvement of the improvements
on Lots A and B, a dynamic and economic generator will be provided
for the Cooper and Mill Street Malls which, in the Buyers' opinion,
is much needed. Approval of the exception application does much to
assure the future success of this area.
Such additional information as you may require to make an informed
decision on this application will be made available upon request.
Both myself and the principals of Park Place Decelopment Co. are
available for further discussion.
Very truly yours,
OATES, HUGHES & KNEZEVICH, P.C.
n
By
Leonard M. Oats
-5-
s i.
Alpine Surveys
Post Office Box 1730
Aspen, Colorado 81611
303 9252688
January 26, 1981
DESCRIPTION FOR FLEISHER
PARCEL TO BE ACQUIRED FROM
ASPEN LEAF SPORTS
PART OF LOT C, BLOCK 90, ASPEN ORIGINAL TOWNSITE,
PITKIN COUNTY, COLORADO, BEING MORE FULLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID
LOT C WHENCE THE NORTHEAST CORNER OF LOT D IN SAID
BLOCK 90 BEARS S 75009'11" E 53.22 FEET;
THENCE S 14050'49" W 33.08 FEET;
THENCE N 75009'11" W 4.5 FEET;
THENCE S 14050'49" W 0.46 FEET;
THENCE N 75009'11" W 1.30 FEET;
THENCE N 14050'49" E 33.54 FEET TO A POINT ON THE
NORTH LINE OF SAID LOT C;
THENCE S 75009'11" E 5.80 FEET TO THE POINT OF
BEGINNING, CONTAINING 192.5 SQUARE FEET, MORE OR LESS.
•
EXHIBIT "C"
PARK PLACE DEVELOPMENT COMPANY
SUMMARY OF LAND OWNERSHIP AND BUILDING FAR'S
PARK PLACE DEVELOPMENT CO. PROPERTY:
Total land owned by Ski Corp. under contract
to Park Place Development Co. 8,227 sf
Parcel of land being acquired from Aspen 192
Leaf, subject to subdivision exemption
Total land area to be owned by Park Place 8,419 sf
Floor area of
existing Ski Corp
building
4,719
sf
Floor area of
commercial space
allocated
8 800
sf
to Park Place
in GMP process
Total commercial floor area of
completed
13,519
sf FAR 1.61:1
development
Floor area of
employee housing
allocated
3,032
sf FAR 0.36:1
to Park Place
in GMP process
Total building floor area of completed
16,551
sf FAR 1.97:1
development
SCOTT/ASPEN LEAF PROPERTY:
Land size remaining after transfer of 192 3,617 sf
sf parcel
Floor area of existing building 4,961 sf
Building FAR on reduced lot size 1.37:1
May 29, 1981
Aspen City Council
City of Aspen
130 S. Galena
Aspen, CO 81611
Re: Park Place
Dear Tlembers :
We are hereby requesting Final Plat approval of the
Park Place building under the Planned Unit Develop-
ment (PUD) guidelines established in Article VIII
IDICI�I
� of the zoning code of the City of Aspen. Enclosed
are five copies of the final plat showing the prop-
osed structure. At such time as the building is
completed, the improvements will be surveyed and
Fit)
�a revised final plat will be submitted for record-
ing purposes showing the location of the actual
Ctany' improvements.
Irco The PUD procedure has been necessitated by the pen-
etration of the building into the Wheeler Opera
House and Wagner Park view planes and by the red-
uction in open space provided from the 2So require-
ment in the CC zone.
The proposed building was given has been given con-
ceptual approval and preliminary plat approval by
the Planning & Zoning Commission and was given
conceptual approval by yourselves on December 8, 1980.
The justification for the variances from the zoning
code may be summarised as follows:
1. The Wheeler Opera House view plane is so low over
the property that any two storey structure would
penetrate it. We have utilised the whole of the
second floor for employee housing units and we
feel that the benefit to the City of the four one -
bedroom units outweighs the detriment of penetrat-
ing the Wheeler Opera House view plane by about 6
feet and the Wagner Park view plane by a little
less. The building has been designed to minimise
the penetration and the view planes are already
obstructed by existing structures so this penetrat-
ion will not be visible from the respective start-
ing points.
2. We felt that the provision of open space on the
Cooper Street Mall was to some extent made redund-
ant by the existence of the mall and that it was
more important to complete the line of buildings
620 East Hyman Avenue • Aspen, Colorado 81611 • Telephone: (303) 925-2122
336 Main Street, Suite 205 • Grand Junction, Colorado 81501 . Telephone: (303) 245-4868
May,49 , 1981 •
Aspen City Council
Page 2
along the South side of the Mall. The new Park
Place building provides an excellent transition
from the Aspen Leaf Building to the Guido's
building and the South side of the Cooper Street
Mall will now be consistent with the North side
and with the Hyman Street Mall.
The final plat reflects these variances and reflects
no changes from the GMP approval apart from the
facade change which you approved on May 11, 1981.
We therefore ask that you grant final plat approval
to the Park Place Building contingent upon our
providing a surveyed final plat once the improve-
ments are complete.
We are also requesting the following special review
items:
1. Exemption of the employee housing units totalling
3,032 sq. ft. from the GMP. We have proposed that
these units be deed restricted under the middle
income guidelines and it was on that basis that
the submission was made under the commercial GMP.
Two of these units will be used by one of the
tenants, Unicorn Books, for their employees while
the other two will either be used by the other
tenant, Pitkin County Dry Goods, or by the First
National Bank in Aspen for their employees. These
units will help therefore to alleviate the empl-
oyee housing shortage in the City.
2. Granting the FAR bonus of 0.5:1 allowed in the CC
zone. All of the bonus is being utilised for empl-
oyee housing and none of it for additional bonus
commercial space as allowed under the code. We
are providing 3,032 sq. ft. of employee housing,
or 0.51:1 of the new buildout.
3. Exemption of the parking regirement for the empl-
oyee housing units. The proximity of our site to
the downtown core and public transportation at
Ruby Park clearly puts this project within the no
parking guidelines set out in the code. The Plan-
ning Commission tied this exemption to a reduct-
ion in the income guidelines from middle income
to moderate income. We do not feel this reduction
is reasonable or appropriate. The commercial core
of the City is the most expensive part of the City
to build in, not just land costs, but also build-
ing costs due to the more stringent fire codes
and the more expensive materials used. It is app-
ropriate therefore that middle income guidelines
be used in the commercial core as it is a reflect-
ion of the very much higher cost of creating the
May 29, 1981
Aspen City Council
Page 3
housing. Furthermore we have provided more emp-
loyee housing than required under the FAR bonus
provisions of the code (0.51:1 compared to 0.3:1)
to the financial detriment of the project. We
feel it unreasonable to further penalise the
project by reducing the income guidelines from
the middle level which we have outlined from the
start. We feel the argument that middle income
housing is not "employee housing" is not valid;
current rental rates in the Aspen Block Building
are about 83c/sq. ft. per month and the building
is completely filled with local employees and we
have a waiting list of more "employees" who wish
to move in if any vacancy occurs. Current middle
income guidelines are less than this rate at 75c/
sq. ft. per month.
This letter and the final plat are more detailed
representations of the proposed Park Place building
as submitted through the GMP process. We ask there-
fore that you approve this final plat, together with
the three special review items listed above, without
reducing the income guidelines from the middle level.
We cannot agree with the Planning and Zoning Comm-
ission's actions in that regard. We feel that the
completed project will be of substantial benefit to
the Cooper Street Mall and the City of Aspen.
Sincerely
�" OV144�1
Andrew Dracopoli
for
Park Place Development Co.
Enc. 5 copies of plat
Check for plat fee
• •
MEMORANDUM
TO: Aspen City Council
FROM: Colette Penne, Planning Office
RE: Park Place Subdivision Exception (Condominiumization)
DATE: May 24,1982 APPROVED AS TO FORM: �)Xjelo
Location: Lot D and part of Lots A, B & C, Block 90 (on the oper
Street Mall)
Zoning: CC
Applicant's
Request: Subdivision exception for the purposes of condominiumization
of the Park Place Building, including four employee units
deed restricted to the middle income category.
Referral
Comments: Housing Office
No comments.
City Attorney's Office
Approval should be conditioned on the applicant's submission
of acceptable documents for the Statement of Exception for the
Condominiumization and the Declaration of Restrictive Covenants
for the employee housing.
Engineering Department
The Engineering Department noted seven plat changes to be made
before recordation of the condominium plat and subsequent sale
of the unit, understanding that the structure is still in the
construction stage and some items cannot be shown until substan-
tial completion of the project.
Planning
Office Review: The Park Place Building is a newly -constructed building and
prior to its construction, there existed a vacant lot and the
Aspen Skiing Company offices. Therefore, this application repre-
sents no reduction in low and moderate income housing units. The
four deed -restricted units (Units 301-304) have been attached
a middle -income rental category in earlier approvals. The units
will be restricted tp six-month minimum leases with no more than
two shorter tenancies per year. Other units that are prepurchased
are Unit 201 - Unicorn Books and Unit 202 - Pitkin County Dry
Goods.
Planning
Office
Recommendation
and P&Z
Action: The Planning Office and the Planning and Zoning Commission
recommend subdivision exception for the purpose of condominiumi-
zation of the Park Place Building with the following conditions:
1. The seven plat changes outlined by the Engineering Depart-
ment be made prior to final plat recordati.on.
2. The applicant submit acceptable documents for the Statement
of Exception for the Condominiumization and the Declaration
of Restrictive Covenants for the Employee Housing to the City
Attorney's Office.
Council Action: The appropriate motion is as follows:
"I move to approve subdivision exception for the purpose of
condominiumization of the Park Place Building with the
following conditions:
0 0
Memo: Park Place Subdivision Exception - Condominiumization
Page Two
May 24, 1982
1. The seven plat changes outlined by the Engineering Depart-
ment be made prior to final plat recordation.
2. The applicant submit acceptable documents for the Statement
of Exception for the Condominiumization and the Declaration
of Restrictive Covenants for the Employee Housing to the
City Attorney's Office."
MEMORANDUM
TO: Aspen City Council
FROM: Jack Johnson, Planning Office
F'► rA A. L
RE: Park Place Rre++mTrary Plat (PUD)
DATE: June 22, 1981 APPROVED AS TO FORM U./
NOTE: This application is companion to the Park Place Development /
Subdivision Exception and Exemption
Location: Lots A, B, C and D, Block 90, City and Townsite of Aspen
(located between the Guino Meyer Building and the Mill
Street Mall on Cooper Mall).
Zoning: CC - Commercial Core (HP Overlay)
History: The HPC reviewed and approved changes to the facade of
the building on May 4th. The City Council approved the
facade changes and a slight shifting of the footprint of
the building on May llth, and in so doing reaffirmed the 1981
commercial GMP allotment for the Park Place Building.
:ackground and
Applicant's
Request: On November 24, 1980, City Council, upon recommendation of
the P & Z, approved a GMP commercial allotment of 8,800
square feet for the Park Place Building proposal. Addi-
tional approvals necessary in order to further the Park
Place Building proposal as conceptually approved include:
Sec. 24-8.3(a) - Final plat approval under PUD (PUD necessary to consider
waivers to the structural encroachment into the Wheeler
Opera House and Wagner Park view planes and a reduction
in the total 250/0 open space requirement as per Code).
Sec. 24-3.4 - Special review to utilize additional .5:1 FAR bonus in
CC zone district (may be considered provided the residen-
tial space is in accordance with adopted housing price
guidelines for low, moderate or middle income housing).
Sec. 24-4.5 - Review by P & Z and Council to determine appropriateness
of parking needs for four one -bedroom employee housing
units. (Applicant requests that no parking requirements
be imposed on this project.)
Sec. 24-11.2(g) - Exemption of the four middle income dee. restricted em-
ployee housing units from GMP pursuant to density bonus
provisions of the Municipal Code (Sec. 24-3.4 as requested
above).
Referral Comments: Rocky Mountain Natural Gas - A meter and service line to serve
the Aspen Leaf Sports is located at the southeast corner of
these buildings. This would facilitate the moving of the unit.
City Water Department - Water is available to this site from
an existing 3/4" line. Connection is permitted upon applica-
tion for a tap permit and payment of P.I.F., less credit for
existing service.
Aspen Sanitation District - No problem foreseen in providing
sanitation service to these additional four one -bedroom apart-
ments.
•
Memo: Park Place Preliminary Plat (PUD)
June 22, 1981
Page Two
Attorney's Office - Employee housing requested is middle
income level; the Council is hesitant to grant the middle
level and has demanded low or moderate. Parking for employee
housing must be dealth with.
Prior to acceptance of final plat, applicant must enter into
a subdivision/PUD agreement as required by Sections 24-8.6
and 20-16(c), including an open -space and common facilities
maintenance agreement required by Section 24-8.19, if applicable.
I cannot find any authority for the City approving a plat
which is not final, contingent upon the final plat being pre-
sented after the improvements are in place. I note that
Section 24-8.26 sets forth the guidelines for amendments to
the PUD plan.
Under Section 24-11.2(g) all employee units constructed in
the commercial, office and lodge districts pursuant to the
density bonus provisions are exempt from the Growth Management
Quota System provided the housing units are constructed and
deed restricted in accordance with the provisions of Section
24-11.4(b)(3).
Pursuant to Section 24-3.4, in the CC zone a .5:1 bonus floor
area ratio may be considered by special review with .2:1 addi-
tional commercial space if .3:1 of the space is approved for
residential space in accordance with adopted housing price
guidelines for low, moderate and middle income housing. I
note that the application seeks a .�1:1 ratio rather than .5:1.
I see no authority in the code for extending the ratio unless
P & Z or the City Council, as a matter of policy, decides to
afford some leeway by rounding off fractions.
Engineering Department - The structure will require variance
of both open space and height limitations in the CC zone sub-
ject to view plane restrictions. At the time this site came
in for GMP allocation, this office was concerned about adequate
trash facilities, but the current plan seems to address these
concerns.
In terms of height limitations and open space, these con-
cerns were viewed at the time the applicant submitted the
proposal for GMP allocation, The structure, although
stepped and reduced along the Cooper Street frontage, still
extends slightly into the existing view planes. The design
also results in minimal open space, much less than the
25% required in the CC zone. The resulting design, however,
represents a compromise between less open space and less
overall bulk to accommodate the view plane limitations as
much as possible. A stepped design with the second story
located to the southerly portion of the site serves to
reduce the visible bulk significantly, and while the pro-
posed structure does protrude into the applicable view
planes, the actual portion of the structure visible from
the view plane base points will be minimal due to existi;�g
structures which now obstruct the view planes substantially.,
The Wheeler Opera House View Plane, for instance, which
creates the greatest intrusion on the site, is already
blocked by the Golden Horn, As a result, the Engineering
Department has no problem with the necessary variances under
P.U.D.
Having reviewed the final plat for the Park Place development
revised on May 22, 1981, we find it to be complete. Per our
discussion with Paul Taddune, the plat as submitted should be
recorded prior to issuance of the building permit. Recorda-
tion would require addition of the required certificates and
submittal of two mylar copies to this office.
Memo: Park Place Preliminary Plat (PUD)
June 22, 1981
Page Three
Planning Office - In addition to the 8,800 square feet of
commercial space granted through GMP, the conceptual plan
for the Park Place Building proposed 3,032 square feet of
employee housing space. The four one -bedroom employee
units, approximately 750 square feet each, will be deed
restricted to the middle income guidelines of the City
according to this proposal. The P & Z and Council generally
promote employee housing restrictions at the low and moderate
income levels as opposed to the middle income level. Extra
points were awarded due to the inclusion of a housing com-
ponent in this commercial GMP application, however, points
were not tallied on an income level basis.
Waivers to the height restrictions in the Wheeler Opera
House and Wagner Park view planes is necessary in order to
accommodate the second story employee housing component of
this project, These view planes are partially obstructed
in this vicinity already; therefore, this tradeoff appears
worthy.
The applicant proposes to utilize all of the available .5:1
FAR bonus (if granted) for employee housing with no increase
in commercial square footage (as permitted by Code; .2:1
to commercial if .3:1 is deed restricted residential) in
exchange for waiving the 25% open space requirement of the
CC zone district, Little open space exists along the store-
front section of the Cooper Street Mall. Wagner Park and
Rubey Park are in close proximity,
Special review of both the additional .5:1 FAR bonus request
and appropriateness of parking needs for the four one -bedroom
units is necessary. The FAR bonus will permit the construc-
tion of the second story employee housing, The need for
parking must be determined; however, location on the down-
town mall and being adjacent to the Rubey Park transit
terminal are both strong considerations for a waiver to
parking requirements, The Special Review Criteria in Sec.
24-3.5 have been assessed and indicate no significant
problems.
An exemption from GMP for these four one -bedroom employee
units seems appropriate., A determination as to whether
middle income guidelines versus low or moderate guidelines
may be an outstanding question.
Planning Office
Recommendation: 1. Approval of the Final Plat (PUD) including waivers to
the Wheeler Opera Hous,2and Wa4ner Park view places, and
a waiver to the 25;0 open space requirement in the CC zone.
2. Approval of Special Review to utilize additional .5:1 FAR
bonus in the CC zone for four deed restricted employee
housing units.
3. Approval of Review to waiver parking needs of the four one -
bedroom employee units.
4. Approval of the Exemption of four one -bedroom employee
housing units from GMP.
P & Z Action: At their regular meeting of May 19, 1981, the Planning and
Zoning Commission approved the Park Place Preliminary Plat
(PUD) and recommended approval of items 1 through 4 as listed
under Planning Office Recommendations. Additionally, the P & Z
recommended that the four employee housing units should be deed
restricted at the moderate income guidelines.
Memo: Park Place Preliminary Plat (PUD)
June 22, 1931
Page Four
City Council
Action: Should City Council concur with recommendations of the Planning
and Zoning Commission the appropriate motion would be as follows:
"I move to approve the Final Plat (PUD) including waivers to
the Wheeler Opera House and Magner Park view planes, and a
waiver to the 25% open space requirement in the CC zone,
and approval of Special Review to utilize additional .5:1
FAR bonus in the CC zone for four deed restricted employee
housing units, approval of review to waiver parking needs of
the four one -bedroom employee units provided employee units
are restricted to moderate income guidelines, and approval
of the Exemption of four one -bedroom employee housing units
from GMP, subject to the following conditions:
1. Prior to acceptance of Final Plat, applicant must enter
into a subdivision/PUD agreement as required by Sections
24-8.6 and 20-16(c), including an open -space and common
facilities maintenance agreement required by Section 24-8.19
if applicable, and
2. Recordation of Final Plat prior to issuance of a building
permit."
E
WAGNER
NORTH
r(II�
11111111311113111111 COOPER STREET MALL,,,,,,,,,,,,,,,,,,, 6" water\..
ASPEN
LEAF
A. S. C.
BUILDING
STEFAN
KAELINS
GUIDO'S
SWISS
INN
1
phone gas t.v. elec. ......... ALLEY ................ »... »................................. »..............................................
Lij
PARKING AREA
�l (� W
v
BUS STATION
DURANT AVENUE
EXHIBIT "A"
Alpine Surveys
Post Office Box i 730
Aspen. Colorado 81611
303 9252688 ;
January 26, 1981
DESCRIPTION FOR FLEISHER
PARCEL TO BE ACQUIRED FROM
ASPEN LEAF SPORTS
PART OF LOT C, BLOCK 90, ASPEN ORIGINAL TOWNSITE,
PITKIN COUNTY, COLORADO, BEING MORE FULLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID
LOT C WHENCE THE NORTHEAST CORNER OF LOT D IN SAID
BLOCK 90 BEARS S 75009'11" E 53.22 FEET;
THENCE S 14050'49" W 33.08 FEET;
THENCE N 75009'11" W 4.5 FEET;
THENCE S 14050'49" W 0.46 FEET;
THENCE N 75009'11" W 1.30 FEET;
THENCE N 14050'49" E 33.54 FEET TO A POINT ON THE
NORTH LINE OF SAID LOT C;
THENCE S 75009'11" E 5.80 FEET TO THE POINT OF
BEGINNING, CONTAINING 192.5 SQUARE FEET, MORE OR LESS.
0
CITY OF ASPEN
130 south galena street
aspen,4olorado 81611
MEMORANDUM
DATE: March 10, 1981
TO. Jack Johnson
FROM. Bob Edmondson
R,. Park Place Development Subdivision Exception and Exemption
Lot Line Adjustment - no colluaent.
Exemption - no co,ul:lent as to Section 20-19.
Subdivision of Lots C and D separate from portion of Lots A and B.
Is this creating a separate non -conforming .lot? The City must be
insured that it will always be one parcel.
RL3 E : illc
0 •
LAW OFFICES
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HCPKINS AVENUE
LEONARD M. OATES ASPEN, COLORADO 61611
ROBERT W. HUGHES
RICHARD A. KNEZEVICH (� AREA CODE 303
DEBORAH QUINN April 1, 1982 TELEPHONE 920-1700
TELECOPIER 920-II21
Mr. Alan Richman
Assistant Director
City of Aspen Planning Department
130 So. Galena
Aspen, Colorado 81611
Re: Conceptual Plan/Park Place Condominiums
Dear Alan:
Following up our telephone conversation of last
week, I am enclosing herewith an original and three (3)
copies of the proposed conceptual plan for the condominimiza-
tion for the Park Place building currently under construction
and the present Aspen Skiing Company office building. Addi-
tionally enclosed is a current title insurance commitment
reflecting ownership of the property in the Aspen Skiing Com-
pany with a leasehold interest in Park Place Development Co.
You are advised that the declarant will be Park Place Develop-
ment Co. inasmuch as it is anticipated that at such time as
the condominium is finally approved, that title will have
transferred from Aspen Skiing Company to Park Place Development
Co. under the latter's option to purchase the property.
Pursuant to Park Place's growth management allotment
and P.U.D. agreement, all of the other information necessary
for the Planning Office, Planning and Zoning Commission and
referral agencies to consider and advise on this application
are available to the City.
The final item of enclosure is Park Place's check
in the amount of $ 475. representing the application fee for
this proposed subdivision. Please advise as to such additional
information as you shall require to be fully advised in the
premises. Please let me know to whom in the Planning Office
this application has been referred.
OATES, HUGHES & + NEZEVICH, P. C.
Mr. Alan Richman
City of Aspen Planning Department
April 1, 1982
Page Two
We would like to complete the process in late
spring or early summer to accommodate the closings of
the purchase transactions on the units. As you are aware,
Unit 201 will be occupied by Unicorn Books and Unit 202
by Pitkin County Dry Goods Co. The employee housing units
are those designated 301 through 304, inclusive. Plans
for the units to be situate within the current Aspen Skiing
Company office building have not been finalized.
Very truly yours,
OATES, HUGHES & KNEZEVICH, P.C.
LEONARD M. OATES
LMO/mlp
Enclosures
r _1
AMOUNT PREMIUM
DONALD J . FLEI SHER & CO. OWNER $ TBD $—
ATTN : ANDREW MORTGAGE $ TBD $
ADDITIONAL CHARGES $
COST OF TAX CERTIFICATE $
L J SURVEY COSTS $
TOTALS $
Your Reference PARK PLACE CC's To:
No. 7301982
Sheet 1 of 5
COMMITMENT TO INSURE
Transamerica Title Insurance Company, a California corporation, herein called the Company, for a
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in Favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or
interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums
and charges therefor; all subject to the provisions of Schedules A and B and to the conditions and stipula-
tions shown on the inside of the cover.
Customer Contact: VH By VINCENT J. HIGENS
Phone: 925-1766 AUTHORIZED SIGNATURE
The effective date of this commitment is MARCH 24 , 19 82 at 8:00 A. M.
At which time fee title was vested in:
SEE PAGE 2
SCHEDULE A
1. Policies to be issued:
(A) Owners':
TBD
(B) Mortgagee's:
TBD
Form No. C-142.1 Rev. 7-1-76
SCHEDULE A —Continued
I
TITLE FINDINGS: FEE TITLE VESTED IN:
THE ASPEN SKIING COMPANY, A COLORADO GENERAL PARTNERSHIP
LEASEHOLD INTEREST VESTED IN:
PARK PLACE DEVELOPMENT CO., A GENERAL PARTNERSHIP
CREATED UNDER NET GROUND LEASE BETWEEN ASPEN SKIING
CORPORATION, A DELAWARE CORPORATION, RECORDED FEBRUARY
19, 1982 IN BOOK 422 AT PAGE 393, FOR A TERM ENDING
JUNE 1, 1982. j
SCHEDULE A —Continued
2. Covering the Land in the State of Colorado, County of PITKIN
Described as:
A PARCEL OF LAND SITUATED IN BLOCK 90, CITY AND TOWNSITE OF ASPEN, SAID
PARCEL BEING ALL OF LOT D AND PART OF LOTS A-C SAID BLOCK 90 AND MORE
FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT D;
THENCE S 14050'49" W 100.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT D;
THENCE N 75009111" W 120.36 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF SAID
LOTS TO THE SOUTHWESTERLY CORNER OF SAID LOT A;
THENCE N 14050'49" E 41.04 FEET ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT A;
THENCE S 75009'11" E 60.79 FEET TO THE EASTERLY WALL OF THE EXISTING BUILDING;
THENCE N 14047'00" E 58.96 FEET ALONG SAID WALL AND EXTENSION THEREOF TO THE POINT
OF INTERSECTION WITH THE NORTHERLY BOUNDARY LINE OF SAID LOT C;
THENCE S 75009'11" E 59.64 FEET ALONG SAID NORTHERLY BOUNDARY LINE TO THE POINT
OF BEGINNING.
SCHEDULE A —Continued
REQUIREMENTS
3. The following are the requirements to be complied with prior to the issuance of said policy or policies.
Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule
B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of clerk
and recorder of the county in which said property is located.
TO BE DETERMINED
Form W. C ]l2_2
0 i
SCHEDULE B
THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST:
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. Amy lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, im-
posed by law and not shown by the public records.
5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer
service, or for any other special taxing district.
6. Reservations and exceptions as contained in patents from the United States for
the City and lbwnsite of Aspen under the provisions of the act of Congress,
approved on the Second day)6f March, A.D. 1867, entitled "an Act for the relief
of the inhabitants of Cities and ?owns, upon the public lands. ""Provided, that
no title shall be hereby acquired to any mine of gold, silver; cinnabar, or
copper or to any valid mining claim or possession held under existing laws: and
provided further that the grant hereby made is held and declared to be subject
to all the conditions, limitations, and restrictions contained in Section 2386
of the revised statutes of the United States. so far as the same are applicable
thereto."
7. Easement for utility purposes over and across the East ten feet of the South
Eight feet of Lot B, Block 90 City and Townsite of Aspen recorded March 2, 1978
in Book 309 at Page 224.
8. Restrictions pertaining to a district for a Historic Preservation as contained
in Notice of Historic Designation recorded January 13, 1975 in Book 295 at Page 515.
9. Terms, Conditions, provisionst restrictions and covenants as contained in Subdivision
PUD agreement between Park Place Development Company and the City of Aspen as xecordel
November 4, 1981 in Book 416 at Page 954.
10. Terms, agreements, provisions, conditions and obligations as contained in Option to
Purchase Agreement between Aspen Skiing Company, a Colorado General Partnership,
Optionor, and Empire Savings, Building and Loan Association, a Colorado Corporation,
Optionee recorded February 19, 1982 in Book 422 at Page 413.
II. -The effect of any failure to have complied with the terms, covenants and conditions
of the Lease described of referred to in Schedule A hereof.
12. Deed of Trust from : Park Place Development Co., A Colorado General Partnership
to the Public Txustee of the County of Pitkin
for the use of : Empire Savings, Building and Loan Association ,
to secure : $1,300,000.00
dated . : February 10, 1982
recorded : February 19, 1982 in Book 422 at Page 426. .
Financing Statements Given in connection with the above Deed of Trust recorded in
Book 422 at Page 431 and Book 422 at Page 432, Assignment of Leases and Rents given
in connection with* the above Deed of Trust recorded in Book 422 at Page 430.
C
1.
2.
3.
4.
Transamerica Title Insurance Company
Arapahoe- Douglas
2000 West Littleton Boulward
Littleton, Colorode 80120
(303) 795-4000
Denver - Adams
1800 Lawrence Street
Denver, Colorado 80202
1303) 629-4900
Boulder
1317 Spruce Street
Boulder, Colorado 80302
(303) 443-7)60
Eogle
108 South Frontage Rood
Box 1700
Vail, Calorodo 91657
(303) 629-4956
El Paso
418 South Weber Street
Colorado Springs, Colorado 80903
(303) 634.3731
Jefferson
1675 Can Street
Lakewood, Colorado 80213
(303) 231-2800
777
Transamerica
Title Services
Lorimer
151 West Morrnlain A~vo
Rae 1100
Fort Collins, Colorado 80522
(303) 473-6464
Mew
331 Rood Avenw
Grond lunction, Colorado 81501
(303) 242-8234
Pilkin
330 Eo%t Main Street
Aspen, Colorado $1611
(303) 925-17"
Pueble
627 North Main Street
Puebla, Colorado 81003
1303) 543-0451
RouN - Jackson
507 Lincoln Stroet
Box 773568
Steomboot Spring%. Colorado 90477
(303) 279.1611
Weld
919 Tenth Street
Greeley, Colorado 80631
1303) 352.2283
CONDITIONS AND STIPULATIONS
Please read carefully
This is a Commitment to issue one or more policies of title insurance in our Standard Form when the
requirements set forth in the Commitment have been satisfied. The policy is available and should be
examined before this Commitment is used if there is any question about coverage.
Only the policies shown are committed to. If there are any changes in the transaction, order an
amendment from us.
The date on this Commitment is important. Nothing after that date has been considered by us.
This Commitment is good for 6 months only. Extensions should be ordered from us if they are
needed.
MEMORANDUM
TO: Paul Taddune, City Attorney '
City Engineering Department
Ron Mitchell, Assistant City Manager/Interim Housing Director
FROM: Colette Penne, Planning Office
RE: Park Place Subdivision Exception (Condominiumization)
DATE: April 7, 1982
Attached is a Subdivision Exception application submitted by Park Place
Company to condominiumize a building currently under construction. The
property is located in Block 90, lot D and part of lots A and C, Aspen: The
proposal is for three condominium units and four employee housing units.
The May 4 City P & Z agenda is the date scheduled for this item; therefore,
I need comments by Wednesday, April 21, 1982.
Thanks.
MEMORANDUM
TO: Paul Taddune, City Attorney
City Engineering Department
Ron Mitchell, Assistant City Manager/Interim Housing Director
FROM: Colette Penne, Planning Office
RE: Park Place Subdivision Exception (Condominiumization)
DATE: April 7, 1982
Attached is a Subdivision Exception application submitted by Park Place
Company to condominiumize a building currently under construction. The
property is located in Block 90, lot D and part of lots A and C, Aspen. The
proposal is for three condominium units and four employee housing units.
The May 4 City P & Z agenda is the date scheduled for this item; therefore,
I need comments by Wednesday, April 21, 1982.
Thanks.
LAW OFFICES
OATEs, Huc:111-5 R KNE-ZE'VIGII
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HCPKINS AVENUE
LEONARD M. OATES ASPEN, COLORADO 81611
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH OUINN April -1, 1982
Mr. Alan Richman
Assistant Director
City of Aspen Planning Department
130 So. Galena
Aspen, Colorado 81611
Re: Conceptual Plan/Park Place Condominiums
Dear Alan:
AREA CODE 303
TELEPHONE 920-1700
TELECOPIER 920-112
Following up our telephone conversation of last
week, I am enclosing herewith an original and three (3)
copies of the proposed conceptual plan for the condominimiza-
tion for the Park Place building currently under construction
and the present Aspen Skiing Company office building. Addi-
tionally enclosed is a current title insurance commitment
reflecting ownership of the property in the Aspen Skiing Com-
pany with a leasehold interest in Park Place Development Co.
You are advised that the declarant will be Park Place Develop-
ment Co. inasmuch as it is anticipated that at such time as
the condominium is finally approved, that title will have
transferred from Aspen Skiing Company to Park Place Development
Co. under the latter's option to purchase the property.
Pursuant to Park Place's growth management allotment
and P.U.D. agreement, all of the other information necessary
for the Planning Office, Planning and Zoning Commission and
referral agencies to consider and advise on this application
are available to the City.
The final item of enclosure is Park Place's check
in the amount of $ 475. representing the application fee for
this proposed subdivision. Please advise as to such additional
information as you shall require to be fully advised in the
premises. Please let me know to whom in the Planning Office
this application has been referred.
OATS-S, Iliac HE'S ,K fCNEZE'VICrc, Y. C.
Mr. Alan Richman
City of Aspen Planning Department
April 1, 1982
Page Two
We would like to complete the process in late
spring or early summer to accommodate the closings of
the purchase transactions on the units. As you are aware,
Unit 201 will be occupied by Unicorn Books and Unit 202
by Pitkin County Dry Goods Co. The employee housing units
are those designated 301 through 304, inclusive. Plans
for the units to be situate within the current Aspen Skiing
Company office building have not been finalized.
Very truly yours,
OATES, HUGHES & KNEZEVICH, P.C.
LEONARD M. OATES
LMO/mlp
Enclosures
•
MEMORANDUM
TO: Colette Penne, Planning Office \
FROM: Jay Hammond, Engineering Department
DATE: April 21, 1982
RE: Park Place Condominiumization, Part of Lots A, B, and
C, and All of Lot D, Block 90 O.A.T.
-------------------------------------------------------------
Having reviewed the above application and made a site inspection,
the Engineering Department has the following comments:
Most of the structure proposed for condominiumization is still
under construction. Prior to recordation of the condominium
plat, and subsequent sale of individual units, the following
items should be included on the plat:
1. The date of the survey.
2. Surveyor's signature and seal.
3. Owners signature.
4. Indicate all survey monuments found and set.
5. Indicate location of utility meters.
6. The first sheet should include an index.
7. Elevation of all floors and ceilings.
Since the structure is still in construction, some of the above
items cannot be shown until substantial completion of the project.
JH/co
•
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Park Place Subdivision Exception (Condominiumization)
DATE: Nay 4, 1982
Location: Lot D and part of Lots A, B & C, Block 90 (on the Cooper
Street Mall)
Zoning: CC
Applicant's
Request:. Subdivision exception for the purposes of condominiumization
of the Park Place Building, including four Pmployee units
deed restricted to the middle income categu y.
Referral
Continents: Housinq Office
No comments.
Ciy_Attorney' s Of t i ce
Approval should be conditioned on the applicant's sub;;iission
of acceptable documents for the Statement of Exception for the
Condominiumization and the Declaration of Restrictive Covenants
for the employee housing.
Engineering Department
The Engineering Department noted seven plat changes to be made
before recordation of the condominium plat and subsequent sale
of the unit, understanding that the structure is still in the
construction stage and some items cannot be shown until substan-
tial completion of the project.
PI anni ng
Office Review: The Park Place Building is a newly -constructed building and
prior to its construction, there existed a vacant lot and the
Aspen Skiing Company offices. Therefore, this application repre-
sents no reduction in low and moderate income housing units. The
four deed -restricted units (Units 301-13'04) have been :attached
a middle -income rental category in earlier approvals. The units
will be restricted to six-month minimum leases with no more than
two shorter tenancies per year. Other units that are prepurchaser
are Unit 201 - Unicorn Books and Unit 2D2 - Pitkin County Ory
Goods.
Planning
Office
Recommendation: The Planning Office recommends that you recommend to the City
Council approval for subdivision exception for the purposes of
condominiumization of the Park Place Building with the follow-
ing conditions:
1. The seven plat changes outlined by the Engineering Depart-
ment be made prior to final plat recordation.
2. The applicant submit acceptable documents for the Statement
of Exception for the condominiumization and the Declaration
of Restrictive Covenants for the Employee Housing to the
City Attorney's Office.
MEMORANDUM
TO: Colette Penne, Planning Office
FROM: Gary Esary, Assistant City Attornel-�W—.
RE: Park Place Subdivision Exception (Condominiumization)
DATE: April 21, 1982
Although this building is "under construction," it
does replace an existing structure and we need at least
a representation that there was no employee housing
in the old structure, pursuant to Section 20-22.
Approval should be conditioned on the applicant's
submission of acceptable documents for the Statement of
Exception for the condominiumization and the Declaration
of Restrictive Covenants for the employee housing.
MEMORANDUM
TO: Aspen City Council
FROM: Jack Johnson, Planning Office
RE: Park Place Development Subdivision Exception
DATE: June 22, 1981
Approved as to form:
NOTE: This application is companion to the Park Place Final Pla� /(PUD)
Location: Lots A, B, C and D, Block 90, City and Townsite of Aspen,
(located between the Guino Meyer Building and the Mill Street
Mall on Cooper Street Mall).
Zoning: CC - Commercial Core (HP Overlay)
Background and
Applicant's
Request:
Lots A, B, C and D constitute approximately 12,036 square feet
of land, originally platted into four 30'1 x 100' lots. Lots A
and B are developed with two buildings (Aspen Leaf Sports and
Aspen Ski Corp. building) under separate ownership. Lots C and
D are undeveloped and utilized as temporary parking. Twenty or
more years ago, a small strip of land, 227 square feet, originally
platted as part of Lot C was conveyed to a part of Lots A and B
(Aspen Leaf Building) for purposes of accessing utility meters and
delivering goods and services to the east side of the building.
The proponents of this application propose to reconstitute the
integrity of Lots C and D with the inclusion of this 227 square
foot strip of land and making other provision for metering and
delivery.
This application requests approval of the following:
Sec. 20-19
- Exception from full subdivision procedure in the approval
request for conveyance of a 227 square foot strip of land
from the Scott Family Partnership to the Aspen Skiing Corpora-
tion. (Reconstitution of Lots C and D).
Referral
Comments: Attorney's Office - No comment on the lot line adjustment
(subdivision exception).
Engineering Department - An exception procedure would be acceptable
for the purpose of conveying the 227 square foot parcel to the
Park Place Development. This procedure would require submission
of a final plat indicating the new lot line between Lots B and C.
This exchange should also be subject to City Engineering review
of the new meter and utility locations and the associated access
and maintenance easement.
Planning Office - RE: Exception from full subdivision procedures
for the purposes of lot line adjustment:
- This application poses no problems regarding area and bulk
requirements of the resulting parcels. The 227 square foot
parcel will be calculated into FAR equations in the new Park
Place Building pending approval of this subdivision request.
- This 227 square foot parcel should be conveyed to and be a
part of the Aspen Ski Corp's property (Lots C and D and southern
portions of Lots A and B) and not into the temporary ownership
of a third party.
- The applicant's intend to relocate all utilities and make pro-
visions for the satisfactory delivery of goods and services to
the Aspen Leaf Building.
Memo: Park Place Development Subdivision Exception
June 22, 1981
Page Two
Planning Office
Recommendations: Approval of the exception from full subdivision procedures for
purposes of lot line adjustment (except applicant from concep-
tual before City Council and Preliminary and Final Plat before
P & Z) with the following conditions:
1) Submission of a final plat indicating the new lot line
between Lots B and C.
2) Engineering Department review of the new meter and utility
locations and the associated maintenance and access easement.
3) Conveyance of the 227 square foot parcel to the Aspen Ski
Corp. and not to a third party.
P & Z Action: The Planning and Zoning Commission recommended approval of this
application at their regular meeting of May 19, 1981, subject
to the three conditions as outlined under Planning Office recom-
mendations.
City Council
Action: Should City Council concur with the recommendations of the Planning
Office and P & Z, the appropriate motion would be as follows:
"I move approval of the Park Place Development subdivision
exception for the purposes of lot line adjustment subject to
the following conditions:
1) Submission of a final plat indicating the new lot line
between Lots B and C.
2) Engineering Department review of the new meter and utility
locations and the associated maintenance and access ease-
ment.
3) Conveyance of the 227 square foot parcel to the Aspen
Ski Corp. and not to a third party."
E
MEMORANDUM
•
TO: Aspen Planning and Zoning Commission
FROM: Jack Johnson, Planning Office
RE: Park Place Development Subdivision Exception
DATE: May 19, 1901
NOTE: This
application is companion to the Park Place Preliminary
Plat
(PUD).
Location:
Lots A, B, C & D, Block 90, City and Townsite of Aspen,
(located between the Guino Meyer Building and the Mill
Street Mall on Cooper Street Mall).
Zoning:
CC - Commercial Core (HP Overlay)
Background and
Lots A, B, C, & D constitute approximately 12,036 square
Applicant's
feet of land, originally platted into four 30'± x 100'
Request:
lots. Lots A and B are developed with two buildings
(Aspen Leaf Sports and Aspen Ski Corp. building) under
separate ownership. Lots C and D are undeveloped and uti-
lized as temporary parking. Twenty or more years ago, a
small strip of land, 227 square feet, originally platted
as part of Lot C was conveyed to a part of Lots A and B
(Aspen Leaf Building) for pruposes of accessing utility
meters and delivering goods and services to the east side
of the building. The proponents of this application pro-
pose to reconstitute the integrity of Lots C and D with the
inclusion of this 227 square foot strip of land and making
other provisions for metering and delivery.
This application requests approval of the following:
Sec. 20-19
- i-xception from full subdivision procedure in the
approval request for conveyance of a 227 square foot
strip of land from the Scott Family Partnership to
the Aspen Skiing Corporation, (Reconstitution of Lots
C and D).
Referral
Attorne 's Office - No comment on the lot line adjustment
Comments:
subdivision exception).
Engineering Department - An exception procedure would be
acceptable for the purpose of conveying the 227 square foot
parcel to the Park Place Development. This procedure
would require submission of a final plat indicating the new
lot line between Lots B and C. This exchange should also
be subject to City Engineering review of the new meter and
utility locations and the associated access and maintenance
easement.
Regarding the exemption procedure to allow temporary
separation and later transfer of the southerly portion of
Lots A and B, this would appear to be unacceptable in that
it would create, if only temporarily, a non -conforming
(undersized) lot in the CC zone. It would be preferable
to find some other mechanism, such as land lease, to retain
the Ski Corp's holdings as a single parcel. This approach
would also serve to simplify final plat requirements by
requiring no further revision of the new lot configuration
but merely transfer of the entire parcel at a later date.
Planning Office - RE: Exception from full subdivision
procedures for the purposes of lot line adjustment:
- This application poses no problems regarding area and
bulk requirements of the resulting parcels. The
Memo: Park Place Development Subdivision Exception
Page Two
May 19, 1981
227 square foot parcel will be calculated into FAR
equations in the new Park Place Building pending
approval of this subdivision request.
- This 227 square foot parcel should be conveyed to and
be a part of the Aspen Ski Corp's property (Lots C
and D and southern portions of Lots A and B) and not
into the temporary ownership of a third party.
- The applicants intend to relocate all utilities and
make provisions for the satisfactory delivery of goods
and services to the Aspen Leaf Building.
Planning Office Approval of the Exception from full subdivision procedures
Recommendations: for the purposes of lot line adjustment (except applicant
from conceptual before City Council and Preliminary and
Final Plat before P & Z) with the following conditions:
- Submission of a final plat indicating the new lot line
between Lots B and C.
- Engineering Department review of the new meter and
utility locations and the associated maintenance and
access easement.
- Conveyance of the 227 square foot parcel to the Aspen
Ski Corp and not to a third party.
MEMORANDUM
TO:
Aspen
City Council
FROM:
Jack
Johnson, Planning Office
RE:
Park
Place Development Subdivision Exception
DATE:
June
22, 1981 Approved as
to form:�-
/ L
NOTE:
This application is companion to the Park Place Final PlatJ'(PUD)
Location:
Lots A, B, C and D, Block 90, City and Townsite of Aspen,
(located between the Guino Meyer Building and the Mill Street
Mall on Cooper Street Mall).
,
Zoning:
CC - Commercial Core (HP Overlay)
Background and
Applicant's
-
Request:
Lots A, B, C and D constitute approximately 12,036 square feet
of land, originally platted into four 30'f x 100' lots. Lots A
and B are developed with two buildings (Aspen Leaf Sports and
Aspen Ski Corp. building) under separate ownership. Lots C and
D are undeveloped and utilized as temporary parking. Twenty or
more years ago, a small strip of land, 227 square feet, originally
platted as part of Lot C was conveyed to a part of Lots A and B
(Aspen Leaf Building) for purposes of accessing utility meters and
delivering goods and services to the east side of the building.
The proponents of this application propose to reconstitute the
integrity of Lots C and D with the inclusion of this 227 square
foot strip of land and making other provision for metering and
delivery.
This application requests approval of the following:
Sec. 20-19 - Exception from full subdivision procedure in the approval
request for conveyance of a 227 square foot strip of land
from the Scott Family Partnership to the Aspen Skiing Corpora-
tion. (Reconstitution of Lots C and D).
Referral
Comments: Attorne 's Office - No comment on the lot line adjustment
subdivision exception).
Engineering Department - An exception procedure would be acceptable
for the purpose of conveying the 227 square foot parcel to the
Park Place Development. This procedure would require submission
of a final plat indicating the new lot line between Lots B and C.
This exchange should also be subject to City Engineering review
of the new meter and utility locations and the associated access
and maintenance easement.
Planning Office - RE: Exception from full subdivision procedures
for the purposes of lot line adjustment:
- This application poses no problems regarding area and bulk
requirements of the resulting parcels. The 227 square foot
parcel will be calculated into FAR equations in the new Park
Place Building pending approval of this subdivision request.
This 227 square foot parcel should be conveyed to and be a
part of the Aspen Ski Corp's property (Lots C and D and southern
portions of Lots A and B) and not into the temporary ownership
of a third party.
The applicant's intend to relocate all utilities and make pro-
visions for the satisfactory delivery of goods and services to
the Aspen Leaf Building.
Memo: Park Place
Development Subdivision Exception
June 22, 1981
Page Two
Planning Office
Recommendations:
Approval of the,exception from full subdivision procedures for
purposes of lot line adjustment (except applicant from concep-
tual before City Council and Preliminary and Final Plat before
P & Z) with the following conditions:
1) Submission of a final plat indicating the new lot line
between Lots B and C.
2) Engineering Department review of the new meter and utility
locations and the associated maintenance and access easement.
3) Conveyance of the 227 square foot parcel to the Aspen Ski
Corp, and not to a third party.
P & Z Action:
The Planning and Zoning Commission recommended approval of this
application at their regular meeting of,May 19, 1981, subject
to the three conditions as outlined under Planning Office recom-
mendations.
City Council
Action: Should City Council concur with the recommendations of the Planning
Office and P & Z, the appropriate motion would be as follows:
"I move approval of the Park Place Development subdivision
exception for the purposes of lot line adjustment subject to
the following conditions:
1) Submission of a final plat indicating the new lot line
_between Lots B and C.
2) Engineering Department review of the new meter and utility
locations and the associated maintenance and access ease-
ment.
3) Conveyance of the 227 square foot parcel to the Aspen
Ski Corp. and not to a third party."
l�,MI
Y,"r aTa'w
It
T. VA_&S,
C
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Jack Johnson, Planning Office
RE: Park Place Development Subdivision Exception
DATE: May 19, 1901
NOTE: This
application is companion to the Park Place Preliminary
Plat
(PUD).
Location:
Lots A, B, C & D, Block 90, City and Townsite of Aspen,
(located between the Guino Meyer Building and the Mill
Street Mall on Cooper Street Mall).
Zoning:
CC - Commercial Core (HP Overlay)
Background and
Lots A, B, C, & D constitute approximately 12,036 square
Applicant's
feet of land, originally platted into four 30'�_- x 100'
Request:
lots. Lots A and B are developed with two buildings
(Aspen Leaf Sports and Aspen Ski Corp. building) under
separate ownership. Lots C and D are undeveloped and uti-
lized as temporary parking Twenty or more years ago, a
small strip of land, 227 square feet, originally platted
as part of Lot C was conveyed to a part of Lots A and B
(Aspen Leaf Building) for pruposes of accessing utility
meters and delivering goods and services to the east side
of the building. The proponents of this application pro-
pose to reconstitute the integrity of Lots C and D with the
inclusion of this 227 square foot strip of land and making
other provisions for metering and delivery.
This application requests approval of the following:
Sec. 20-19
- Exception from full subdivision ,rocedure in the
approval request for conveyance of a 227 square foot
strip of land from the Scott Family Partnership to
the Aspen Skiing Corporation. (Reconstitution of Lots
C and D).
Referral
Attorneys Office - No comment on the lot line adjustment
Comments:
subdivision exception).
Engineering Department - An exception procedure would be
acceptable for the purpose of conveying the 227 square foot
parcel to the Park Place Development. This procedure
would require submission of a final plat indicating the new
lot line between Lots B and C. This exchange should also
be subject to City Engineering review of the new meter and
utility locations and the associated access and maintenance
easement.
Regarding the exemption procedure to allow temporary
separation and later transfer of the southerly portion of
Lots A and B, this would appear to be unacceptable in that
it would create, if only temporarily, a non -conforming
(undersized) lot in the CC zone. It would be preferable
to find some other mechanism, such as land lease, to retain
the Ski Corp's holdings as a single parcel. This approach
would also serve to simplify final plat requirements by
requiring no further revision of the new lot configuration
but merely transfer of the entire parcel at a later date.
Planning Office - RE: Exception from full subdivision
procedures for the purposes of lot line adjustment:
- This application poses no problems regarding area and
bulk requirements of the resulting parcels. The
Memo: Park Place Development Subdivision Exception
Page Two
May 19, 1981
227 square foot parcel will be calculated into FAR
equations in the new Park Place Building pending
approval of this subdivision request.
- This 227 square foot parcel should be conveyed to and
be a part of the Aspen Ski Corp's property (Lots C
and D and southern portions of Lots A and B) and not
into the temporary ownership of a third party.
- The applicants intend to relocate all utilities and
make provisions for the satisfactory delivery of goods
and services to the Aspen Leaf Building.
Planning Office Approval of the Exception from full subdivision procedures
Recommendations: for the purposes of lot line adjustment (except applicant
from conceptual before City Council and Preliminary and
Final Plat before P & Z) with the following conditions:
- Submission of a final plat indicating the new lot line
between Lots B and C.
- Engineering Department review of the new meter and
utility locations and the associated maintenance and
access easement.
- Conveyance of the 227 square foot parcel to the Aspen
Ski Corp and not to a third party.
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Jack Johnson, Planning Office
RE: Park Place Subdivision Exception and Exemption
DATE: April 21, 1981
This application was on the March 17 P & Z agenda and was continued until
April 21 in order to be heard simultaneously with the Park Place Preliminary
Plat (PUD). The Park Place Preliminary Plat (PUD) was also on the March 17
agenda but, at the request of the applicant, the public hearing w4s
continued until April 21 in order to make alterations to the application.
The Planning Office, wi th concurrence by the applicant, recommends that the
subdivision exception be continued to May 19 so that it may be heard concur-
rently with the preliminary plat.
The applicant has withdrawn his request for subdivision exemption.
• MEMORANDUM •
TO: Jack Johnson, Planning Office
FROM: Jay Hammond, Engineering Department
DATE: March 11, 1981
RE: Park Place Development Preliminary P.U.D. and Subdivision Exception
Preliminary P.U.D.:
The plan submitted with the application is adequate to allow preliminary
review of P.U.D. concerns. The structure will require variance of both
open space and height limitations in a C.C. zone subject to view plane
restrictions. At the time this site came in for G.M.P. allocation, I was
concerned about adequate trash facilities, but the current plan seems to
address these concerns.
In terms of heightlimitations and open space, these concerns were viewed at
the time the applicant submitted the prcposal for G.M.P. allocation. The
structure, although stepped and reduced along the Cooper Street frontage,
still extends slightly into the existing view planes. The design also results
in minimal open space, much less than the 25% required in the C.C. zone. The
resulting design, however, represents a compromise between less open space
and less overall bulk to accommodate the view plane limitations as much as
possible. A stepped design with the second story located to the southerly
portion of the site serves to reduce the visible bulk significantly, and
while the proposed structure does protrude into the applicable view planes,
the actual portion of the structure visible from the view plane base points
will be minimal due to existing structures which now obstruct the view planes
substantially. The Wheeler Opera House view Plane, for instance, which creates
the greatest intrusion on the site, is already blocked by the Golden Horn. As
a result, the Engineering Department has no problem with the necessary variances
under P.U.D.
Subdivision Exception and Exemption:
The application for exception and exemption is subject to a number of con-
siderations:
.1. An exception procedure would be acceptable for the purpose of conveying
the 192 square foot parcel to the Park Place Development. This procedure
would require submission of a final plat indicating the new lot line
between lots B and C. This exchange should also be subject to City
Engineering review of the new meter and utility locations and the
associated access and maintenance easements.
2. Regarding the exemption procedure to allow temporary separation and
later transfer of the southerly portion of lots A and B, this would
appear to be unacceptable in that it would create, if only temporarily,
a non -conforming (undersized) lot in the C.C. zone. It would be pre-
ferable to find some other mechanism, such as land lease, to retain
Park Place Developm�
PAGE TWO
the Ski Corporation's holdings as a single parcel. This approach would
also serve to simplify final plat requirements by requiring no further
revision of the new lot configuration but merely transfer of the entire
parcel at a later date.
•
MODIFICATION OF SPECIFIC PERFORMANCE AGREEMENT
THIS AGREEMENT, made this A, day of April, 1981,
by and between PARK PLACE DEVELOPMENT CO., a General Partnership,
whose address is 620 East Hyman Avenue, Aspen, Colorado, 81611,
hereinafter called the "Purchaser", and SCOTT INVESTCO, a
Partnership, whose address is c/o Mark Longfield, Suite 103W,
First National Bank Building, Pueblo, Colorado, 81002, herein-
after called the "Seller".
W I T N E S S E T H:
WHEREAS, the Seller and the Purchaser did on the
loth day of February, 1981, enter into that certain Specific
Performance Contract (Commercial), hereinafter called the
"Contract", wherein the Seller agreed to sell and convey to
the Purchaser a certain portion of Lot C, in Block 90, City
and Townsite of Aspen, and
WHEREAS, the Purchaser is desirous of purchasing
from the Seller approximately thirty-five (35) additional
square feet lying westerly and adjacent and contiguous to the
property which is the subject of the Contract, and
WHEREAS, the Seller is willing to sell and convey
the property which the Purchaser desires to purchase to it for
the consideration hereinafter recited upon the condition that
the holder of the lease thereon, which also holds an option to
purchase the same, shall consent to such conveyance by the
Seller to the Purchaser,
NOW, THEREFORE, it is agreed as follows:
1. The Seller agrees to sell and the Purchaser
agrees to purchase under the contract the property described
in Exhibit "A" hereto, which description is the description of
the property described in the above referred to Contract,
together with the additional thirty-five (35) square feet
lying westerly thereof.
•
2. As additional (in addition to that provided for
in the Contract) consideration for the purchase of the property
described in Exhibit "A" hereto, the Purchaser shall pay to
the Seller upon the closing in cash or certified funds an
additional sum of $2,734.37 to that provided for in the Contract.
3. It shall be a condition of the obligation of the
Seller to perform under this Agreement that Bayly Corp. and
Aspen Leaf of Colorado, Inc., the owners and holders of a
lease on the property described in Exhibit "A" hereto, that an
option to purchase the same shall be required to consent to
the conveyance of the property described in Exhibit "A" by the
Seller to the Purchaser.
4. In all other respects of the Specific Performance
Contract (Commercial) between the parties hereto dated Febru-
ary 10, 1981, is hereby ratified and confirmed.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day and year above first written.
PARK PLACE DEVELOPMENT CO.
By
Donald J. eisher, Partner
SCOTT I VESTCO
By J ,►,
- 2-
DESCRIPTION FOR FLEISHEPAk
PARCEL ABE ACQUIRED FROM ASPEN AW SPORTS
(SUPERSEDES DESCRIPTION OF JANUARY 26, 1981)
PART OF LOT C, BLOCK 90, CITY OF ASPEN,
PITKIN COUNTY, COLORADO, BEING MORE FULLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT C
WHENCE THE NORTHEAST CORNER OF LOT D IN SAID BLOCK 90
BEARS S 75009'11" E 53.22 FEET;
THENCE S 14050'49" W 33.08 FEET;
THENCE N 75009'11" W 4.50 FEET;
THENCE S 14050'49" W 0.46 FEET;
THENCE N 75009'11" W 1.30 FEET;
THENCE S 14050'49" W 25.42 FEET;
THENCE N 75009'11" W 0.55 FEET TO THE EASTERLY OUTSIDE
WALL OF ASPEN LEAF SPORTS;
THENCE N 14047'00" E 58.96 FEET ALONG SAID WALL AND
EXTENSION THEREOF TO THE POINT OF INTERSECTION WITH THE
NORTH LINE OF SAID LOT C;
THENCE'S 75009'11" E 6.42 FEET TO THE POINT OF BEGINNING
CONTAINING 227 SQUARE FEET MORE OR LESS.
EXHIBIT "A" TO MODIFICATION OF SPECIFIC PERFORMANCE AGREEMENT
0
•
ASSIGNMENT
For value received, PARK PLACE DEVELOPMENT CO., a
partnership, hereby assigns all of its right, title and interest
in and to that certain Specific Performance Contract (Commercial)
between it and the SCOTT INVESTMENT COMPANY, dated February 10,
1981, to the ASPEN ,,S//KK�IING//CORPORATION, a Delaware corporation.
Dated: iLCC!/I�GK� 12- 1981.
PARK PLACE DEVELOPMENT CO.
By
Donald J. gleisher, Partner
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregolDq inst
this �Zdaof ument was acknowledged before me
`— y , 1981, by DONALD J. FLEISHER,
Partner, of PARK PLACE DEVELOPMENT CO.
WITNESS my hand and official seal.
My commission expires: IF /S —�Z—
Notary Puvlic
ACCEPTA14CE OF ASSIGNMENT
The foregoing Assignment is accepted by ASPEN SKIING
CORPORATION in accordance with its terms.
Dated:
ASPEN SKIING CORPORATION
By /
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foreEgoing Accept nce of Assignment was acknowle ged
b ore me t is � day of 1981, by �G/r1,9S �,
_, for and as the act of ASPEN SKIING CORPORATION, a
C lorado corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Pub i/`�"
ne printed portions of this loan approved by the I ,
Calorado Real Estate Comm;ssion (SC 21-12.77)
SPECIFIC PERFORMANCE CONTRACT
(COMMERCIAL)
-Aspen �Colorado February 10 PARK PLACE DEVELOPMENT CO. a General Partnership
RECEIVED FROM
Purchaser the sum of $ 1500.00 — in the form of a check
Seller's attorneys, Sachs, Klein b Seigle s
f to be held by — breri*e�r. it*hrsescrow or trustee account,
f as earnest money and part payment for the following described real estate situate in the
County of Pitkin Colorado, to wit:
See description attached hereto as Exhibit "A".
with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a permanent
nature currently on the premises except as hereinafter provided, in their present condition, ordinary wear and
tear
Rxc ednknown as L1e—utj1 y GPrviring rnrridor I) ng easterly of tht- A,&Pe)�ay--
W Ic diprd erty purchaser agrees to buy upon the following terms and conditions, for the purchase price of
s 15 000.00 payable as follows: $ 1, 5Q4 00 hereby receipted for,
E 13,500.00 upon closing.
Cost of any appraisal for loan purposes to be obtained after this date shall be paid by Purchaser.
II
7f th 1 n(i ant to 1 n -- t is rpquired, thisrnntrort LS I I
a
abauadatc d.
iIf a secured or unsecured loan is to be carried by the seller, seller shall not be obligated to carry said loan for any
person or entity in lieu of the purchaser named herein.
2. Price to include the following personal property:
None (Vacant Land)
i
I�
I,
I�
t Ii )- riimhnrp crarif;Pd;n paragraph —A.
The following fixtures of a permanent nature are excluded from this sale: None (Vacant Land)
'i
i
i
w current commitment for title insurance policy in an
amount equal to the purchase price, at seller's eptiaR aad expense, shall be furnished the purchaser on or before
March 1 19$L Tf�lln, nlnrt,t f h ca;a t;tla ;—ranrarnmm;tmant Seller will
1 deliver the title insurance policy to purchaser after closing and pay the premium thereon.
4. Title shall be merchantable in the seller, except as stated in this paragraph and in paragraph 10. Subject to
payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser.
II the seller shall execute and deliver a good and sufficient warranty deed to said purchaser on i
i �] �_] 19_$l, o � � os�oa�PA&Rbarlier date, conveying said property free and
e�+I
clear of all taxes, except the general taxes for 19-81.. payable January 1, 19-82, and-e-xcept I I
free and clear of all liens for special improvements now installed, whether assessed or not; free and clear of all liens i
and encumbrances except:
No. SC 23-12-77. Sp—mc Performance Conlract (Commertlal)—Bradford Publish in9CO..1846 Stout Street, Denvsr.(7olo. (673 b011)-5-7Y
ATTACHMENT TO SPECIFIC PERFORMANCE CONTRACT
*provisions for merchandise deliveries to the property being retained by the Seller
occupied by the Aspen Leaf Building. The obligation of the parties hereunder shall
be conditional upon the unconditional consent hereto by Bayly Corp** which consent
shall be obtained by the Purchaser on or before February 20, 1981. The parties ack-
nowledge that in order to make the transfer hereby contemplated, it shall be necessary
that the transaction receive an Exception from the strict application of the City of
Aspen Subdivision Regulation. It shall be the obligation of the Purchaser to apply
for such exception. In the event the same shall not be granted, or Bayly Corp**shall
not consent hereto, this contract shall be null, void and of no further force and effect
and each party shall be released from further obligation hereunder.
**and Aspen Leaf of Colorado, Inc.
and except the following easements: any of record Or in place.
• •
and subject to building and zoning regulations Br�A�befo3lewir ,vFtri�i'wePe+ew46"w-
Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction
or from any other source.
6. General taxes for the year of closing shall be apportioned to date of delivery of deed based on the most recent
levy and the most recent assessment. Prepaid rents, water rents, sewer rents, FHA mortgage insurance premiums
and interest on encumbrances, if any,4md
shall be apportioned to date of delivery of deed.
6. The hour and place of closing shall be as designated by Seller's attorney (C1 nsing to be in Aspen, CO.)
7. Possession of premises shall be delivered to purchaser on--cl^"{ n o
subject to the following leases or tenancies:
If the seller fails to deliver possession on the date herein specified, the seller shall be subject to eviction and shall be
liable for a daily rental of $ 100.00 until possession is delivered.
8. In the event the premises shall be damaged by fire or other casualty prior to time of closing, in an amount of not
more than ten per cent of the total purchase price, the seller shall be obligated to repair the same before the date
herein provided for delivery of deed. In the event such damage cannot be repaired within said time or if such damage
shall exceed such sum, this contract may be cancelled at option of purchaser. Should the purchaser elect to carry out
this agreement despite such damage, such purchaser shall be entitled to all the credit for the insurance proceeds
resulting from such damage, not exceeding, however, the total purchase price. Should any fixtures or services fail
between the date of this agreement and the date of possession or the date of delivery of deed, whichever shall be
earlier, then the seller shall be responsible for the repair or replacement of such fixtures or services with a unit of
similar size, age and quality, or an equivalent credit.
9. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered or
performed by either the seller or purchaser as herein provided then this contract, at the option of the party who is not
in default, may be terminated by such party, in which case the non -defaulting party may recover such damages as
may be proper. In the event of such default by the seller, and the purchaser elects to treat the contract as terminated,
then all payments made hereon shall be returned to the purchaser. In the event of such default by the purchaser, and
the seller elects to treat the contract as terminated, then all payments made hereunder shall be forfeited and
retained on behalf of the seller. In the event, however, the non -defaulting party elects to treat this contract as being
in full force and effect, the non -defaulting party shall have the right to an action for specific performance and
damages.
10. Except as stated in paragraph 4, if title is not merchantable and written notice of defect(s) is given by the
purchaser or purchaser's agent to the seller or seller's agent within the time herein provided for delivery of deed and
shall not be rendered merchantable within 30 days after such written notice, then this contract, at purchaser's option,
shall be void and of no effect and each party hereto shall be released from all obligations hereunder and the payments
made hereunder shall be returned forthwith to purchaser upon return of the abstract, if any, to seller; provided
however, that in lieu of correcting such defect(s), seller may, within said 30 days, obtain a commitment for owner's title
insurance policy in the amount of the purchase price reflecting title insurance protection in regard to such defect(s),
and the purchaser shall have the option of accepting the then existing insured title in lieu of such merchantable title.
The seller shall pay the full premium for such owner's title insurance policy, and the abstract, if any, shall be returned
by the purchaser.
11. Additional provisions: Purchaser represents that it has contracted to purchase the
Aspen Skiing Corporation's property consisting of (when coupled with the property
which is the subject hereof, and that being retained by the Seller westerly of the
subject property) the remainder of Lots A, B, C & D, in Block 90, City and Townsite
of Aspen. Purchaser agrees that as a part of the planning, ownership and development
of the property being purchased by it from Aspen Skiing Corporation that it shall
incorporate common wall agreements, adequate provisions for utility meters, and* (see attac
12. If this proposal is accepted by the seller in writing on or before 19_ this men
instrument shall become a contract between seller and purchaser and shall inure to the benefit of the heirs,
rfartnership
sors and assi ns of such artier.
PLACE, D LOPMEI�T CO a General
/10/81
Agent
er Dona Flei r, artner Dau
i
y
Purch .er L 1 Da
Seller accepts the above proposal this-1—day of February 19 81 eea� cfFuo+
THE SCOTV INVESTMENT
seller
Purchaser's Address 620--East—Hyj'iri—Avenue-,—ASren,CO$111
c/o Mark Longfield, Suite 103 W, First National Bank Building
Seller's Address pueblo CO 81002
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Jack Johnson, Planning Office
RE: Park Place Subdivision Exception and Exemption
DATE: April 21, 1981
This application was on the March 17 P & Z agenda and was continued until
April 21 in order to be heard simultaneously with the Park Place Preliminary
Plat (PUD). The Park Place Preliminary Plat (PUD) was also on the March 17
agenda but, at the request of the applicant, the public hearing was
continued until April 21 in order to make alterations to the application.
The Planning Office, with concurrence by the applicant, recommends that the
subdivision exception be continued to May 19 so that it may be heard concur-
rently with the preliminary plat.
The applicant has withdrawn his request for subdivision exemption.
•
0
LAW OrrICES
KNEZE't'ICII
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPKINS AVENUE
LEONARD M. OATES ASPEN, COLORADO 91011
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH OUINN
February 10, 1981
City Council
City of Aspen
130 South Galena Street
Aspen, CO 81611
Planning Commission
City of Aspen
130 South Galena Street
Aspen, CO 81611
Aspen/Pitkin Planning Commission
City Hall
130 South Galena Street
Aspen, CO 81611
AREA CODE 303
TELEPHONE QZO-1700
ATTENTION: Sunny Vann
RE: Application for an Exception from the Strict Application of
,a the Subdivision Regulations of the City
of Aspen - Lots A, B, C, & D, in Block 90, City and Townsite
of Aspen
Ladies and Gentlemen:
We represent the Park Place Development Co., a partnership consisting
of Donald Fleisher, Richard R. Moods and David Fleisher (the "Buyers")
and Aspen Skiing Corporation ("ASC") who, by this application, seek
exception from the strict application of the subdivision regulations
of the City of Aspen (Section 2019(a) of the I1unicipal Code of the
City of Aspen) in connection with (1) a proposed boundary readjustment
of the westerly boundary of Lots C and D, in Block 90, City and
Townsite of Aspen, owned by a family partnership of the Dr. Russell
and Mary Hugh Scott family and under Lease (with option to purchase)
to Bayly Manufacturing Corporation, the effect of which will be to
substantially reconstitute the original westerly boundary of Lot C,
thereby permitting the efficient development of the proposed Park
Place Development on Lots C and D;
�J QP Af- and D w-uEe +
bj fro nSr dLLd ASS `�P nh],i ri to 11 to R are the n�„-};,,� �f
T�z`_ s i-,-a3-H.�-�3-�q-�r5£ �--ti�}6i� fit-• -• �• • -- �" t, ^ -- r- ^ n r•1 i +- i n n th a t � r m a n e `l t 1y
r
f
OATES, HUuiu:S & KNE.Z WIGII, P. C.
GENERAL CONDITIONS:
The following general conditions are applicable to all of Lots A,
B, C, and D. The property, which is zoned CC Commercial Core, is
bound on the north by the Cooper Street Mall, on the west by the
Mill Street Mall, and on the south by Rubey Park, separated therefrom
only by the alley immediately to the rear of the property which
alley is open to vehicular traffic. This alley is the nearest open
public vehicular access for service purposes. The four lots contain
12,036 square feet, more or less. The Scott family partnership
owns the portion of the Lots marked in red on Sheet 1 of the map
attached hereto as Exhibit "A" hereto, currently containing 3809
square feet. Said property may hereinafter be called the "Scott
property". ASC'S ownership of the Lots is 82271, marked in blue on
Sheet 1 of Exhibit "A".
HISTORICAL BACKGROUND:
By way of historical background, the integrity of Lots A, B, C and
D was altered by conveyances made in 1957 and which, although the
property descriptions have been slightly altered and modified from
time to time since then to conform to the improvements in place on
Lots A and B, they have remained substantially the same since then.
The conveyances created the odd situation which exists today. As
nearly as can be determined the buildings situate on Lots A and B
were built in the late 1950's or early 19601s. Although the struc-
tures on the property may appear as being one building, they are,
in fact, two buildings. The first is the ASC'S office building,
situate on the southerly portion of the lot marked Sheet 2 of
Exhibit "A", and the other being the Aspen Leaf Building, situate
on the northerly portion of Lots A and B, marked in orange on
Sheet 2 of Exhibit "A". The two buildings are connected.by a
common wall, without the obvious benefits of any common wall agreement
or documentation setting forth the respective rights, duties and
obligations of the parties in terms of the maintenance, use and
occupancy of the buildings. While none may be necessary as a
matter of law inasmuch as the ground underlying each structure
belongs or is in separate ownership, the situation is less than
ideal, in terms of the current state of the art, i.e. commercial
condominiums with sophisticated governing documentation. The
efficient function of the properties under all of the circumstances
has been further complicated by the creation of the Cooper Street
Mall to the north of the buildings and the Mill Street Mall to the
i'
-2-
r-
i
0
JATI':S, HUGIIESS &' KNEZUVIGII, P. C.
•
r.
2 '7
west thereof. Essentially, at some point in the early 50's or
early 60's, the square feet, which the applicant is asking be
reconstituted as an integral part of Lots C and D, was conveyed to
the then owner of the Aspen Leaf Building. Based upon our inquiries,
we can determine that this conveyance was made with the anticipation
by that owner that at that point in time the remainder of Lots C
and D were to be developed, and was made it was felt that, upon
such development, the Aspen Leaf Building would need an access
corridor to permit the reading of utility meters and for maintenance
of the east side of the Aspen Leaf Building. The Snowmass Pavilion
was placed on the portion of Lots C and D owned by ASC under a
ground lease arrangement. Those improvements have since been moved
from Lots C and D, and of se, those lots are presently vacant.
At the point in time this 172 square foot accommodation was made
for the benefit of the owner of the Aspen Leaf Building, the property
values were very nominal, even in the downtown Aspen area, and it
is acknowledged that the arrangement with respect to the " square
feet was made with very little foresight.
When the two buildings were constructed on Lots A and B, they were,
as permitted within the then applicable zoning law at the time,
built lot line to lot line. The applicant does not feel that good
planning practices were applied at that time, but feels that all of
the actions are excusable, simply because the owners could not
forsee what was going to happen with respect to the development of
the downtown Aspen area.
REQUEST FOR EXCEPTION FOR BOUNDARY LINE ADJUSTMENT:
It is the desire of the applicant Buyers that its request for
subdivision exemption proceed simultaneously with its presently
pending PUD application for the development of the Park Place
Development. Applicant Buyers seek to revise the boundary line by
subtracting from the Scott Property those portions of Lots C and D
described on Exhibit "B" hereto and shown on Sheet 1 of the map
gmhmitted herewith labeled as Exhibit "A" outlined in yellow containing
}3H square- feet, more or less. This will be accomplished by conveyance
of the square foot parcel by the Scott Family Partnership to
the Buyers.
The applicant Buyers represent, that based upon its computation of
the square footages in the building or buildings on Lots A and B,
the Aspen Leaf Building does not, standing alone without the
square feet to be conveyed, exceed the currently existing floor
area ratio (FAR) requirements for the applicable zone district, nor
does the FAR of the ASC office building, when coupled with the
proposed development of the Buyers on Lots C and D, given that the
-3-
0
DATE'-S, I1UGHE:S & KNE-%E-VICII, I'. G.
•
f,
strip will be conveyed to Buyers and the Buyers will own in addition
to Lots C and D as reconstituted, ASC'S portion of Lots A and B,
all of which will he a part of one ownership package prospectively
subject to application of the City of Aspen's Subdivision Regulations.
In addition, the remaining portion of Lots A and B within the Scott
Property will constitute a legal lot with adequate width (61.341)
and square footage (3617 square feet) for the CC zone district.
See the attached Summary of Land Ownership and Building FAR'S
attached hereto as Exhibit "C".
It is the applicant's position that the boundary line adjustment
requested substantially reconstituting the integrity of the boundary
line separating Lots A and B, and Lots C and D, by virtue of approval
of the conveyance of square feet from the Scott Property interest
to the Buyers, will permit the Buyers to proceed with an efficient
high qua'ity development of Lots C and D, employing good planning
practices; and will permit the development of a logical plan for
management, maintenance and future redevelopment of Lots A and B,
utilizing good planninq practices and comprehensive documentat ,
The applicant represents that it will, upon conveyance of the 17"
square feet and acquisition of ASC'S portion of Lots A and B, enter
into detailed and comprehensive agreements with the Scott family
partnership for adequate common wall agreements and for adequate
utility service and merchandise delivery services from the alley to
the north of the Aspen Skiing Corporation office structure between
it and Rubey Park. All of this will have the effect to resolve
significant problems which exist today with respect to the efficient
functionalness of the Aspen Leaf Building caused by the original
development and compounded creation of the two malls hereinberore
referred to.
ion
•• i - • • - i • • -- -- - -
r-h re
• - -
building and lmi-ci use regulartturiz.) U-LZDUUU functions
-4-
OATl-S, KNEZE'VICII, P. C.
under its contract with Buyers has structured its sale so that it
will be in the form of a property exchange. However, Buyers are
desirous of commencing construction in Lots C and D in the spring
of 1981. ASC wishes to accommodate Buyer in its desire. Therefore,
it is proposed that ASC be permitted to convey those portions of
Lots C and D owned by it to Buyer during April, 1981, while retaining
temporary ownership of those portions of Lots A and B until its new
building is completed, all upon the condition that ASC be obligated
to sell and Buyer obligated to buy the same upon such completion,
but no later than December, 1982; and upon the further condition
that upon such subsequent conveyance that all of the property, i.e.
all portions of Lots A, B, C, and D now owned by ASC, together with
the 192 square foot parcel hereinbefore discussed, shall be considered
one parcel of land for all purposes, subject to the application of
the City of Aspen Subdivision Regulations.
Based upon the statement of purposes above described, the applicants
feel that their proposal falls within the category of an exemption
from the definition of a subdivision, as such definition is contained
in Section 20-3 of the Municipal Code of the City of Aspen.
Given that the principle purpose and intent of the subdivision laws
is to accommodate orderly and planned development and that the lots
and development packages as adjusted will conform with good planning
practices and in no way affect permitted structures and density, we
believe that a subdivision exemption from the City of Aspen subdivision
law is appropriate in this case. The applicant believes that by
the exemption and fulfillment of its commitments that it is resolving
substantial and significant existing problems which have been
historically created by unforseen events, which unless resolved
will only compound in the future. By orderly development of Lots C
and D as proposed by the Buyers, and providing mechanism for the
orderly use, maintenance and future improvement of the improvements
on Lots A and B, a dynamic and economic generator will be provided
for the Cooper and Mill Street Malls which, in the Buyers' opinion,
is much needed. Approval of the exception application does much to
assure the future success of this area.
Such additional information as you may require to make an informed
decision on this application will be made available upon request.
Both myself and the principals of Park Place Development Co. are
available for further discussion.
Very truly yours,
OATES, HUGHES & KNEZEVICH, P.C.
By.
Leonard M. Oat s '
-5-
e
EXHIBIT "B"
Alpine Surveys
Post Officc Box 1130
Aspen, C_otondo 81611
303 9252688
January 26, 1981
DESCRIPTION FOR FLEISHER
PARCEL TO BE ACQUIRED FROM
ASPEN LEAF SPORTS
PART OF LOT C, BLOCK 90, ASPEN ORIGINAL TOWNSITE,
PITKIN COUNTY, COLORADO, BEING MORE FULLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID
LOT C WHENCE THE NORTHEAST CORNER OF LOT D IN SAID
BLOCK 90 BEARS S 75009'11" E 53.22 FEET;
THENCE S 14050'49" W 33.08 FEET;
THENCE N 75009'11" W 4.5 FEET;
THENCE S 14050'49" W 0.46 FEET;
.THENCE N 75009'11" W 1.30 FEET;
THENCE N 14050'49" E 33.54 FEET TO A POINT ON THE
NORTH LINE OF SAID LOT C;
THENCE S 75009'11" E 5.80 FEET TO THE POINT OF
BEGINNING, CONTAINING 192.5 SQUARE FEET, MORE OR LESS.
t/
A
' J.
EXHIBIT "C"
PARK PLACE DEVELOPMENT COMPANY
SUMARY OF LAND OWNERSHIP AND BUILDING FAR'S
PARK PLACE DEVELOPMENT CO..PROP.ERTY:
Total land owned by Ski Corp. under contract
to Park Place Development Co.
Parcel of land being acquired from Aspen
Leaf, subject to subdivision exemption
Total land area to be owned by Park Place
Floor area oSki
Corp
allocated
Floor area of commercialspace
to Park Place in GMP process
Total commercial floor area of completed
development
Floor area of employee housing allocated
to Park Place in GMP process
Total building floor area of completed
development
SCOTT/ASPEN LEAF PROPERTY:
Land size remaining after transfer of 192.
sf parcel
Floor area of existing building
Building FAR on reduced lot size
i
8,227 sf
192
8,419 sf
4,719 sf
8,800 sf
13,519 sf FAR 1.61:1
39032 sf FAR 0.36:1
16,SS1 sf FAR 1.97:1
3,617 sf
4,961 sf
1.37:1
8,227 sf
192
8,419 sf
4,719 sf
8,800 sf
13,519 sf FAR 1.61:1
39032 sf FAR 0.36:1
16,SS1 sf FAR 1.97:1
3,617 sf
4,961 sf
1.37:1
• •
LAW OFFICES
OATEs, HUGHES & KNEZEVICH
LEONARD M. OATES
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH QUINN
February 10, 1981
City Council
City of Aspen
130 South Galena Street
Aspen, CO 81611
Planning Commission
PROFESSIONAL CORPORATION
SUITE 200
BOO EAST HOPKINS AVENUE
ASPEN, COLORADO 81811
City of Aspen
130 South Galena Street
Aspen, CO 81611
Aspen/Pitkin Planning Commission
City Hall
130 South Galena Street
Aspen, CO 81611
AREA CODE 303
TELEPHONE 920-1700".
ATTENTION: Sunny Vann
RE: Application for an Exception from the Strict Application of
and Exemption from the Subdivision Regulations of the City
of Aspen - Lots A, B, C, & D, in Block 90, City and Townsite
of Aspen
Ladies and Gentlemen:
We represent the Park Place Development Co., a partnership consisting
of Donald Fleisher, Richard R. Woods and David Fleisher (the "Buyers")
and Aspen Skiing Corporation ("ASC") who, by this application, seek
exception from the strict application of the subdivision regulations
of the City of Aspen (Section 2019(a) of the Municipal Code of the
City of Aspen) in connection with (1) a proposed boundary readjustment
of the westerly boundary of Lots C and D, in Block 90, City and
Townsite of Aspen, owned by a family partnership of the Dr. Russell
and Mary Hugh Scott family and under Lease (with option to purchase)
to Bayly Manufacturing Corporation, the effect of which will be to
substantially reconstitute the original westerly boundary of Lot C,
thereby permitting the efficient development of the proposed Park
Place Development on Lots C and D; and (2) permission for ASC to
temporarily convey to the Buyers that portion of Lots C and D owned
by it upon the condition that the Buyers thereafter be obligated to
buy from ASC and ASC be obligated to sell to Buyers the portions of
Lots A and B owned by ASC, upon the further condition that permanently
all of ASC's ownership in Lots A, B, C, and D, when vested in ownership
C�
OATES, HUGHES & KNEZEVICH, P. C.
in the Buyers, be considered one and only one parcel of property
thereafter subject•to full application of the City of Aspen's
subdivision regulations.
GENERAL CONDITIONS:
The following general conditions are applicable to all of Lots A,
B, C, and D. The property, which is zoned CC Commercial Core, is
bound on the north by the Cooper Street Mall, on the west by the
Mill Street Mall, and on the south by Rubey Park, separated therefrom
only by the alley immediately to the rear of the property which
alley is open to vehicular traffic. This alley is the nearest open
public vehicular access for service purposes. The four lots contain
12,036 square feet, more or less. The Scott family partnership
owns the portion of the Lots marked in red on Sheet 1 of the map
attached hereto as Exhibit "A" hereto, currently containing 3809
square feet. Said property may hereinafter be called the "Scott
property". ASC'S ownership of the Lots is 82271, marked in blue on
Sheet 1 of Exhibit "A".
HISTORICAL BACKGROUND:
By way of historical background, the integrity of Lots A, B, C and
D was altered by conveyances made in 1957 and which, although the
property descriptions have been slightly altered and modified from
time to time since then to conform to the improvements in place on
Lots A and B, they have remained substantially the same since then.
The conveyances created the odd situation which exists today. As
nearly as can be determined the buildings situate on Lots A and B
were built in the late 1950's or early 19601s. Although the struc-
tures on the property may appear as being one building, they are,
in fact, two buildings. The first is the ASC'S office building,
situate on the southerly portion of the lot marked Sheet 2 of
Exhibit "A", and the other being the Aspen Leaf Building, situate
on the northerly portion of Lots A and B, marked in orange on
Sheet 2 of Exhibit "A". The two buildings are connected by a
common wall, without the obvious benefits of any common wall agreement
or documentation setting forth the respective rights, duties and
obligations of the parties in terms of the maintenance, use and
occupancy of the buildings. While none may be necessary as a
matter of law inasmuch as the ground underlying each structure
belongs or is in separate ownership, the situation is less than
ideal, in terms of the current state of the art, i.e. commercial
condominiums with sophisticated governing documentation. The
efficient function of the properties under all of the circumstances
has been further complicated by the creation of the Cooper Street
Mall to the north of the buildings and the Mill Street Mall to the
-2-
C�
. OATES, HUGHES & KNEZEVICH, P. C.
west thereof. Essentially, at some point in the early 50's or
early 60's, the 192 square feet, which the applicant is asking be
reconstituted as an integral part of Lots C and D, was conveyed to
the then owner of the Aspen Leaf Building. Based upon our inquiries,
we can determine that this conveyance was made with the anticipation
by that owner that at that point in time the remainder of Lots C
and D were to be developed, and was made it was felt that, upon
such development, the Aspen Leaf Building would need an access
corridor to permit the reading of utility meters and for maintenance
of the east side of the Aspen Leaf Building. The Snowmass Pavilion
was placed on the portion of Lots C and D owned by ASC under a
ground lease arrangement. Those improvements have since been moved
from Lots C and D, and of course, those lots are presently vacant.
At the point in time this 192 square foot accommodation was made
for the benefit of the owner of the Aspen Leaf Building, the property
values were very nominal, even in the downtown Aspen area, and it
is acknowledged that the arrangement with respect to the 192 square
feet was made with very little foresight.
When the two buildings were constructed on Lots A and B, they were,
as permitted within the then applicable zoning law at the time,
built lot line to lot line. The applicant does not feel that good
planning practices were applied at that time, but feels that all of
the actions are excusable, simply because the owners could not
forsee what was going to happen with respect to the development of
the downtown Aspen area.
REQUEST FOR EXCEPTION FOR BOUNDARY LINE ADJUSTMENT:
It is the desire of the applicant Buyers that its request for
subdivision exemption proceed simultaneously with its presently
pending PUD application for the development of the Park Place
Development. Applicant Buyers seek to revise the boundary line by
subtracting from the Scott Property those portions of Lots C and D
described on Exhibit "B" hereto and shown on Sheet 1 of the map
submitted herewith labeled as Exhibit "A" outlined in yellow containing
192 square feet, more or less. This will be accomplished by conveyance
of the 192 square foot parcel by the Scott Family Partnership to
the Buyers.
The applicant Buyers represent, that based upon its computation of
the square footages in the building or buildings on Lots A and B,
that the Aspen Leaf Building does not, standing alone without the
192 square feet to be conveyed, exceed the currently existing floor
area ratio (FAR) requirements for the applicable zone district, nor
does the FAR of the ASC office building, when coupled with the
proposed development of the Buyers on Lots C and D, given that the
- 3-
0
E
DATES, HUGHES & KNEZEVICH, P. C.
strip will be conveyed to Buyers and the Buyers will own in addition
to Lots C and D as•reconstituted, ASC'S portion of Lots A and B,
all of which will be a part of one ownership package prospectively
subject to application of the City of Aspen's Subdivision Regulations.
In addition, the remaining portion of Lots A and B within the Scott
Property will constitute a legal lot with adequate width (61.341)
and square footage (3617 square feet) for the CC zone district.
See the attached Summary of Land Ownership and Building FAR'S
attached hereto as Exhibit "C".
It is the applicant's position that the boundary line adjustment
requested substantially reconstituting the integrity of the boundary
line separating Lots A and B, and Lots C and D, by virtue of approval
of the conveyance of 192 square feet from the Scott Property interest
to the Buyers, will permit the Buyers to proceed with an efficient
high quality development of Lots C and D, employing good planning
practices; and will permit the development of a logical plan for
management, maintenance and future redevelopment of Lots A and B,
utilizing good planning practices and comprehensive documentation.
The applicant represents that it will, upon conveyance of the 192
square feet and acquisition of ASC'S portion of Lots A and B, enter
into detailed and comprehensive agreements with the Scott family
partnership for adequate common wall agreements and for adequate
utility service and merchandise delivery services from the alley to
the north of the Aspen Skiing Corporation office structure between
it and Rubey Park. All of this will have the effect to resolve
significant problems which exist today with respect to the efficient
functionalness of the Aspen Leaf Building caused by the original
development and compounded creation of the two malls hereinbefore
referred to.
SUBDIVISION EXEMPTION:
The second request is for exemption from City of Aspen's subdivision
regulations asking for permission to convey ASC'S portion of Lots A
and B separately from its conveying of Lots C and D, both conveyances
being to the Buyer. ASC and Buyer have a bilateral specific perfor-
mance contract of exchange for both properties. ASC has determined
to locate its business office at the Airport Business Center in a
new facility which will better suit its needs and combine and
consolidate numerous of ASC'S administrative functions which are
now fragmented due to limited space available in its present office
building and land use regulations discouraging certain functions
from being located therein. However, its new facility is not
constructed, and will not be completed until Spring, 1982, (est.).
Therefore, ASC will need to retain ownership, occupancy and use of
its present office building on Lots A and B. Additionally, ASC
OATES, HUGHES & KNEZEVICH, P. C.
under its contract with Buyers has structured its sale so that it
will be in the form of a property exchange. However, Buyers are
desirous of commencing construction in Lots C and D in the spring
of 1981. ASC wishes to accommodate Buyer in its desire. Therefore,
it is proposed that ASC be permitted to convey those portions of
Lots C and D owned by it to Buyer during April, 1981, while retaining
temporary ownership of those portions of Lots A and B until its new
building is completed, all upon the condition that ASC be obligated
to sell and Buyer obligated to buy the same upon such completion,
but no later than December, 1982; and upon the further condition
that upon such subsequent conveyance that all of the property, i.e.
all portions of Lots A, B, C, and D now owned by ASC, together with
the 192 square foot parcel hereinbefore discussed, shall be considered
one parcel of land for all purposes, subject to the application of
the City of Aspen Subdivision Regulations.
Based upon the statement of purposes above described, the applicants
feel that their proposal falls within the category of an exemption
from the definition of a subdivision, as such definition is contained
in Section 20-3 of the Municipal Code of the City of Aspen.
Given that the principle purpose and intent of the subdivision laws
is to accommodate orderly and planned development and that the lots
and development packages as adjusted will conform with good planning
practices and in no way affect permitted structures and density, we
believe that a subdivision exemption from the City of Aspen subdivision
law is appropriate in this case. The applicant believes that by
the exemption and fulfillment of its commitments that it is resolving
substantial and significant existing problems which have been
historically created by unforseen events, which unless resolved
will only compound in the future. By orderly development of Lots C
and D as proposed by the Buyers, and providing mechanism for the
orderly use, maintenance and future improvement of the improvements
on Lots A and B, a dynamic and economic generator will be provided
for the Cooper and Mill Street Malls which, in the Buyers' opinion,
is much needed. Approval of the exception application does much to
assure the future success of this area.
Such additional information as you may require to make an informed
decision on this application will be made available upon request.
Both myself and the principals of Park Place Decelopment Co. are
available for further discussion.
Very truly yours,
OATES, HUGHES & KNEZEVICH, P.C.
COPY SRG`1EGU KONARD 1 ". UTEF
By
Leonard M. Oates
-5-
ASSIGNMENT
For value received, PARK PLACE DEVELOPMENT CO., a
partnership, hereby assigns all of its right, title and interest
in and to that certain Specific Performance Contract (Commercial)
between it and the SCOTT INVESTMENT COMPANY, dated February 10,
1981, to the ASPEN SKIING CORPORATION, a Delaware corporation.
Dated: ����i �Z 1981.
PARK PLACE DEVELOPMENT CO.
Donald J. Pleisher, Partner
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoiriq inst ument was acknowledged before me
Y �d of ' , 1981, by DONALD J. FLEISHER,
this /Ti
Partner, of PARK PLACE DEVELOPMENT CO.
WITNESS my hand and official seal.
My commission expires:,?
�9�1
Notary Pu is
•
ESCROW AGREEMENT
This Escrow Agreement made this day of
1981, between ASPEN SKIING CORPORATION, a Delaware Corporation
(hereinafter referred to as "ASC"), and SNOWMASS SKIING COR-
PORATION, a Colorado Corporation (hereinafter referred to as
"SSC"), and PARK PLACE DEVELOPMENT, a Colorado General Partnership,
(hereinafter referred to as "PARK PLACE"), and
(hereinafter referred to as "ESCROW AGENT").
1. The parties hereto agree to place the following
documents in escrow with ESCROW AGENT:
a. The executed original general warranty deed, a copy
of which is attached hereto as Exhibit I.
b. The executed original special warranty deed, a copy
of which is attached hereto as Exhibit II.
C. The executed original Assignment of Net Ground
Lease, together with Lessor's consent thereto, a copy of which is
attached hereto as Exhibit III.
d. The executed original conveyance of interest in
Building, a copy of which is attached hereto as Exhibit IV.
2. ESCROW AGENT shall, unless the parties otherwise
agree in writing,record in the office of the Pitkin County Clerk
and Recorder originals of the documents copies of which are
attached hereto as Exhibits I and II, on December 31, 1982. On or
before that date, PARK PLACE shall tender to ESCROW AGENT the
appropriate recording fees.
3. ESCROW AGENT shall, unless the parties otherwise
agree in writing, deliver to ASC and/or SSC the originals of the
documents copies of which are attached hereto as Exhibits III and
IV.
4. Unless otherwise agreed in writing by them, PART:
PLACE, ASC and SSC irrevocably waive at equity or in law, and by
any legal means whatever, any right to prevent the recordation and
delivery of the documents as set forth in paragraphs 2 and 3,
above, it being the intent of those parties that title to the
properties described in Exhibits I and II shall pass to PARK PLACE
on December 31, 1982 and the assignment and conveyance described
in Exhibits III and IV shall become effective on December 31, 1982.
Any rights, causes of action, demands and/or claims for relief
any of those parties may have against the other(s) in any way
arrising out of or related to the Exchange Agreement between them
dated the day of February, 1981 shall not affect title in
PARK PLACE to the properties described in Exhibits I and II. ASC
and SSC agree that as of the date of recording the deeds described
in Exhibits I and II, PARK PLACE shall be deemed to, and have,
title to the properties as indicated by said deeds, and any rights
or remedies any of the parties may have against the other(s) shall
be by way of money damages only.
5. ESCROW AGENT waives any right to file any action in
the nature of interpleader, and agrees that it will, unless other-
wise agreed by the parties, perform its obligations under para-
graphs 2 and 3 above. PARK PLACE, ASC and SSC irrevocably waive
any claims they may have against ESCROW AGENT by virtue of
ESCROW AGENT's performing its obligations under said paragraphs,
and they agree to indemnify and hold harmless (including, without
limitation,its attorney's fees and court costs) ESCROW AGENT from
acting as escrow agent hereunder and for performing its obligations
.ender paragraphs 2 and 3 above.
6. Should this Agreement become the subject of litigatioj
o resolve a claim of default in performance by any party, the
arty who is determined to be in default shall pay the attorney's
tees, expenses, and court costs of the nondefaulting party.
-2-
•
•
IN WITNESS WHEREOF, the parties have executed this
Escrow Agreement as of the day and year first above written.
-3-
ASPEN SKIING CORPORATION
By
Thomas Richardson, President
By
SNOWMASS SKIING CORPORATION
M
WA
PARK PLACE
By
Richard R. Woods
General Partner
By
Donald J. Fleisher,
General Partner
M
David M. Fleisher,
General Partner
ESCROW AGENT
LM
•
•
EXCHANGE AGREEMENT
This Exchange Agreement made this day of
November, 1980, between ASPEN SKIING CORPORATION, a Delaware
Corporation (hereinafter referred to as "ASC"), and SNOWMASS
SKIING CORPORATION, a Colorado Corporation (hereinafter referred
to as "SSC"), and PARK PLACE DEVELOPMENT COMPANY, a Colorado
General Partnership, (hereinafter referred to as "PARK PLACE").
PPrTTAT. q
1. ASC is the owner of certain real property located
in Aspen, Colorado (hereinafter referred to as the "Aspen
Property"). The legal description of the Aspen Property is as
follows:
A portion of Lots A, B, and C, and all
of Lot D, Block 90, City of Aspen,
Pitkin County, Colorado, Being more
fully described as follows:
Beginning at the Southwest corner of
said Lot A; thence N 14°50149" E 41.04
feet along the West line of said Lot A;
thence S 75*09111" E 61.34 feet; thence
N 14050149" E 25.42 feet; thence S
75009111" E 1.20 feet; thence N
14°50149" E 0.46 feet; thence S
75°09'11" E 4.60 feet; thence N
14050149" E 33.08 feet to a point on the
North line of said lot C; thence S
75009'11" E 53.22 feet to the Northeast
corner of said Lot D; thence S 14150149"
W 100.00 feet to the Southeast corner of
said Lot D; thence N 75009111" W 120.36
feet to the point of beginning, con-
taining 8227 square feet, more or less.
2. SSC is the owner of a certain condominium in
Snowmass Village, Colorado (hereinafter referred to as the
"Snowmass Property"). The legal description of such condo-
minium is as follows:
Condominium Unit C-6 as shown on the
Condominium Map for The Willows Condo-
miniums appearing in the records of the
County Clerk and Recorder of Pitkin
County, Colorado, Reception No. 129429,
and as defined and described in that
Condominium Declaration for The Willows
• 0
Condominiums, appearing in such records,
Reception No. 129428, and subject to the
terms, conditions, and provisions of
said Condominium Declaration, and
restrictions, reservations and easements
of record.
3. PARK PLACE is about to enter into a forty (40)
year net ground lease with John McBride for the lease of Lots
3C and 3D, BLock 3, of the Aspen Airport Business Center
(hereinafter referred to as the "Business Center Property").
A draft copy of the proposed form of such net ground lease is
attached hereto as Schedule "A". Such lease is hereinafter
referred to as the "Lease."
4. PARK PLACE intends to construct an office/warehouse
facility (hereinafter referred to as the "Building") on the
Business Center Property.
5. ASC and SSC desire to convey their respective
interests in the Aspen Property and the Snowmass Property to
PARK PLACE in exchange for its interests in the Lease and the
Building.
AGREEMENT
In consideration of the covenants contained herein,
the parties hereby agree as follows:
1. Exchange of Real Property. The parties shall
affect the exchange of the real property described in this
Agreement in the following manner:
1.1 Upon issuance of a certificate of occupancy
in connection with the Building, but in no event later than
December 31, 1982, ASC shall convey the Aspen Property to PARK
PLACE by general warranty deed. The general warranty deed
shall be substantially in the form as that attached hereto as
Exhibit "B".
1.2 On the same date as the conveyance described
in subparagraph 1.1 above, SSC shall convey the Snowmass
Property to PARK PLACE by special warranty deed.
-2-
Such special warranty deed shall be substantially in the form
as that attached hereto as Exhibit "C".
1.3 On the same date as the conveyance described in
subparagraph 1.1 above, PARK PLACE shall convey to ASC and
SSC, by assignment substantially in the form as that attached
hereto as Exhibit D, all rights and interest that PARK PLACE
may have in the Net Ground Lease. PARK PLACE shall also
convey to ASC and SSC any interest it may have in the Building,
as is, placed upon the leased premises. Any conveyances to
ASC and SSC pursuant to this Agreement shall be as tenants in
common with ASC receiving an undivided 10/11ths interest and
SSC receiving an undivided 1/11th interest.
The value of the Net Ground Lease and the improve-
ments to be conveyed by PARK PLACE shall be equal to the
exchange value as set forth in paragraph 3 or 4, as the case
may be. The value of the Net Ground Lease and improvements
shall be equal to the credits as determined under paragraph 6.
1.4 The parties shall place in escrow fully executed
documents in accordance with an escrow agreement attached
hereto as Exhibit E.
2. Valuation of the Aspen Property and the Snowmass
Property. The parties agree that the Aspen Property and the
Snowmass Property have an aggregate fair market value of One
Million One Hundred Thousand Dollars ($1,100,000.00). Such
amount shall be deemed to be the exchange value of the Aspen
Property and the Snowmass Property for purposes of this Agree-
ment. The exchange value shall be allocated between the
respective properties as follows:
Aspen Property $1,000,000.00
Snowmass Property $ 100,000.00
TOTAL $1,100,000.00
3. Adjustment to Valuation. In the event that the
exchange conveyances set forth in paragraph 1 are not com-
pleted prior to April 1, 1981, then the exchange value shall
-3-
•
0
be increased or decreased in accordance with the following
procedure. The adjusted exchange value shall be determined by
multiplying the exchange value set forth in paragraph 3 by a
figure whose denominator shall be the Consumer Price Index.
All Urban Consumers, hereinafter CPI, for Denver, Colorado,
metropolitan area (as published by the U.S. Department of
Labor's Bureau of Labor Statistics) for the month of March,
1981, and whose numerator shall be the CPI for the month
preceding the month during which the conveyances set forth in
paragraph 1 shall be completed.
An adjustment, under a formula supplied by the
Bureau of Labor Statistics or its successor, shall be made for
the CPI denominator if it is based on a period different from
that period upon which the CPI numerator was based.
If the described index shall no longer be published
another index generally recognized as authoritative shall be
substituted by agreement of the parties. If the parties are
unable to agree within thirty (30) days after demand by any
party, the subtstitued index shall, on application of any
party, be selected by the chief officer of the Denver regional
office of the Bureau of Labor Statistics or its successor.
For purposes of this Agreement, the term "exchange
value" as used hereafter shall include the adjusted exchange
value whenever such concept shall apply.
4. Obligations of PARK PLACE. PARK PLACE hereby
represents that:
4.1 It shall execute the Net Ground Lease
attached hereto as Schedule "A" and incorporated herein by
reference and shall comply with all terms thereunder.
4.2 It shall take any and all action necessary
to construct a square foot office/warehouse facility
on the Business Center Property, pursuant to the plans and
specifications attached hereto as Exhibit F.
-4-
4.3 It shall enter into an agreement or arrangement
with Neustrom Davis, general contractors, pursuant to the
contract attached hereto as Exhibit G, with the parties thereto
to have the duties set forth therein.
4.4 It shall secure and pay any and all policies
of insurance or bonds in connection with the construction of
the Building.
4.5 It shall enter into any and all agreements
with lenders that may be necessary to secure construction
loans for the Building.
4.6 It shall execute any and all documents
reasonably necessary to carry out the provisions of the exchange
and this Agreement.
5. Credits. PARK PLACE shall be given credit
against the exchange value of the properties as follows:
5.1 PARK PLACE shall receive credit for any and
all rental payments, including taxes, utilities, assessments,
insurance, or other similar payments paid by PARK PLACE in
connection with the Lease from the inception of such Lease
until the assignment of the Lease to ASC and SSC pursuant to
paragraph 1.
5.2 PARK PLACE shall receive credit for any and
all construction costs paid by PARK PLACE In connection with
the Building. "Construction costs" for purposes of this
agreement shall include the costs of work, labor, materials,
equipment and supplies used in such construction, premiums for
bonds, costs of construction financing, including interest
during the period of construction, utilities and taxes during
the period of any such construction, costs of clean-up, costs
of materials and installation of fixtures, costs of land-
scaping, architect and engineering fees, costs of topographi-
cal survey, costs of appraisal, costs of building permits,
inspection, checking and testing required by applicable laws
-5-
0 i
or ordinances, costs of insurance during any such construc-
tion, and any other costs necessary for the completion of the
Building.
5.3 PARK PLACE shall receive credit for any and
all miscellaneous costs paid by PARK PLACE in connection with
the Building or carrying the Net Ground Lease on the Business
Center Property.
6. Title Defects on Aspen and SnowmassProperties.
ASC and SSC have provided PARK PLACE with commitments for
policies of title insurance covering the Aspen Property and
Snowmass Property. Such commitments are attached hereto as
Exhibit "G" and "H" respectively. Such commitments shall be
examined within fifteen (15) days after execution of this
Agreement. If, upon examination by Park Places' attorney, it
is disclosed that there are any defects appearing in the
title, or if there are any unreleased or unsatisfied encum-
brances, he shall notify ASC and SSC's counsel of such defects.
ASC and SSC shall proceed forthwith to correct such defects or
to satisfy the encumbrances at their own expense. If such
written notice is not given within such fifteen (15) day time
period, PARK PLACE shall be deemed to have accepted the market-
ability of the title.
In the event that ASC and SSC do not proceed with
diligence to correct such defects, PARK PLACE may do so and
ASC and SSC shall pay the reasonable cost thereof. In the
event of the failure of ASC and SSC to pay such costs, PARK
PLACE may either proceed against ASC and SSC to recover such
costs or deduct such amount from the next payment due under
the terms of this Agreement.
In the event there are defects in the title to the
subject property which have not been corrected at the time of
conveyances pursuant to paragraph 1, but can be corrected
within a reasonable time thereafter, then PARK PLACE may at
•
its option either convey to ASC and SSC the exchange property
herein provided, less a sufficient credit to cover the cost of
correcting such defects, if any (which retained amount shall
be paid to ASC and SSC upon proof acceptable to PARK PLACE
that such defects have been corrected) or extend the closing
until such defects have been corrected.
In the event there are defects which render the
title unmarketable that cannot be corrected within a reason-
able time, PARK PLACE may at its option either (i) agree to
waive such defects and proceed under the terms of this Agreement;
(ii) declare the Agreement terminated; or (iii) in the event
of such a defect which PARK PLACE is not willing to waive, and
if PARK PLACE desires to proceed with closing, ASC or SSC, as
the case may be, shall compensate PARK PLACE by the amount of
the reduction in value of the property affected as a result of
such defect, the amount to be determined by mutual agreement,
or, if the parties cannot agree, by a court of competent
jurisdiction.
7. Title Insurance. At the time of conveyance, ASC
and SSC shall deliver, at their expense, title insurance
policies covering both the Aspen Property and Snowmass Property
in amounts equal to their respective exchange value as set
forth in paragraph 2.
ASC and SSC have taken action necessary to satisfy
themselves as to the state of title of the Business Center
Property and agree that the title to such property is market-
able currently. At the time of conveyance pursuant to para-
graph 1, PARK PLACE shall, if requested by ASC and SSC, deliver
a title policy to ASC and SSC covering the forty (40) year
leasehold showing no defects or encumbrances created by PARK
PLACE, except mechanics liens, if any, related to construction
of the Building. The cost of such title insurance shall be
credited against the exchange value.
-7-
8. Taxes and Other Prorations. General taxes for
the year of conveyance shall be apportioned to date of convey-
ance based on the most recent levy and the most recent assess-
ment. Personal property taxes, prepaid rents, utilities,
water rents, sewer rents, and Homeowners' Association assess-
ments, if any, shall be apportioned to date of conveyance.
9. Liens and Encumbrances. On the date of convey-
ance, all properties shall be free and clear of all liens,
encumbrances, and taxes (including special improvements now
installed, whether assessed or not unless specifically herein-
after excepted), except general taxes for the year of closing
which shall be allocated pursuant to paragraph 8. Notwith-
standing the foregoing, the Net Ground Lease and the Building
may be subject to an outstanding construction loan in an
amount not in excess of the total expenditures made in acquiring
and maintaining the lease and constructing the Building less
all credits given to PARK PLACE pursuant to Paragraph 5 to any
encumbrances, liens, or other "defects" in title rendering it
unmarketable not created by PARK PLACE; and to any mechanic's
liens related to construction of the Building.
10. Real Estate Commission. The parties hereto
warrant to each other that they have not used the services of
any broker, agent, finder, or other person acting in a similar
capacity in obtaining this Exchange Agreement and that there
are no fees due or owing to any such broker, agent, finder, or
other person. Each party agrees to hold the other harmless
from and against any such fees which may be incurred by reason
of any party's activity in connection with the transaction
contemplated by this Agreement.
11. Specific Performance. All parties shall be
entitled to specific performance of this contract. This
contract shall be binding upon and inure to the benefit of the
parties hereto, their heirs, administrators, successors, and
assigns.
no
•
12. Time is of the Essence. Time is of the essence
hereof, and if any payment or any other condition hereof is
not made, tendered, or performed by any party as herein pro-
vided, then this contract, at the option of the party who is
not in default, may be terminated by such party, in which case
the non -defaulting party may recover such damages as may be
proper. In the event of such default by ASC or SSC and if
PARK PLACE elects to treat the contract as terminated, then
the earnest money deposit represented by the letters of credit
shall be returned to PARK PLACE. In the event of such default
by PARK PLACE and if ASC and SSC elect to treat the contract
terminated, then the earnest money deposit represented by the
letters of credit shall be forfeited and retained by ASC and
SSC. In the event, however, that the non -defaulting party
elects to treat this contract as being in full force and
effect, then nothing herein shall be construed to prevent its
specific performance as provided in paragraph 11.
13. Security for Performance of Covenants. As
security for the performance of the covenants contained herein,
PARK PLACE shall cause to be issued to ASC and SSC within
fifteen (15) days of execution of this Agreement an irrevocable
letter of credit in the amount of Two Hundred Twenty Thousand
Dollars ($220,000.00) issued by a bank or banks qualified to
engage in business in the State of Colorado substantially in
the form as that attached hereto as Exhibit "I". The amount
represented by such irrevocable letter of credit shall be
deemed to be the earnest money deposit of PARK PLACE under
this Agreement.
14. Representations as to Leqal Status of Parties.
14.1 PARK PLACE hereby represents to ASC that
the following representations shall be true and correct upon
the signing of this Agreement and at the time of closing:
WE
u
14.1.1 Legal Status.
PARK PLACE is a
general partnership duly organized and validly existing and in
good standing under the laws of the State of Colorado and has
the power to carry on its business as it is now being con-
ducted.
14.1.2 Authority to Execute Agreement.
PARK PLACE has the legal power and right to enter into this
Agreement and to perform all of its obligations hereunder.
The execution and performance of this Agreement has been duly
authorized by all necessary actions required under the Partnership
Agreement of PARK PLACE. Consummation of the transactions
contemplated by this Agreement will not be in conflict with,
result in the breach of, or constitute a default under any
term or provision of PARK PLACES' Partnership Agreement or
contracts or other instruments to which PARK PLACE is a party
or by which it is bound.
14.2 ASC hereby represents to PARK PLACE that
the following representations shall be true and correct upon
the signing of this Agreement and at the time of closing:
14.2.1 Legal Status. ASC is a corporation
duly organized and validly existing and in good standing under
the laws of the State of Delaware, is authorized to transact
business in this state, and has the corporate power to carry
on its business as it is now being conducted.
14.2.2 Authority to Execute Agreement. ASC
has the power and right to enter into this Agreement and to
perform all of its obligations hereunder. The execution and
performance of this Agreement has been duly authorized by all
necessary corporate action of ASC. Consummation of the trans-
actions contemplated by this Agreement will not be in conflict
with, result in the breach of, or constitute a default under,
any term or provision of, ASC's Articles of Incorporation,
Bylaws, or contracts or other instruments to which ASC is a
party or by which it is bound.
-10-
•
14.3 SSC hereby represents to PARK PLACE that
the following representations shall be true and correct upon
the signing of this Agreement and at the time of closing:
14.3.1 Legal Status. SSC is a corporation
duly organized and validly existing and in good standing under
the laws of the State of Colorado, is authorized to transact
business in this state, and has the corporate power to carry
on its business as it is now being conducted.
14.3.2 Authority to Execute Agreement. SSC
has the legal power and right to enter into this Agreement and
to perform all of its obligations hereunder. The execution
and performance of this Agreement has been duly authorized by
all necessary corporate action of SSC. Consummation of the
transactions contemplated by this Agreement will not be in
conflict with, result in the breach of, or constitute a default
under, any term or provision of, SSC's Articles of Incorporation,
Bylaws, or contracts or other instruments to which SSC is a
party or by which it is bound.
15. Risk of Loss.
15.1 Aspen Property. In the event the Aspen
Property shall be damaged by fire or other casualty prior to
time of conveyance, in an amount of not more than ten percent
(10%) of the total purchase price, ASC shall be obligated to
repair the same before the date herein provided for delivery
of deed. In the event such damage cannot be repaired within
such time or if such damage shall exceed such sum, this con-
tract may be cancelled at the option of PARK PLACE. Should
PARK PLACE elect to carry out this agreement despite such
damage, it shall be entitled to all the credit from the insur-
ance proceeds resulting from such damage, not exceeding,
however, the total purchase price. Should any fixtures or
service fail between the date of this agreement and the date
of possession or the date of delivery of deed, whichever shall
-11-
0
be earlier, then ASC shall be responsible for the repair or
replacement of such fixtures or services with a unit of similar
size, age and quality, or an equivalent credit.
15.2 Snowmass Property. In the event the
Snowmass Property shall be damaged by fire or other casualty
prior to time of conveyance, in an amount of not more than ten
percent (10%) of the total purchase price, SSC shall be obli-
gated to repair the same before the date herein provided for
delivery of deed. In the event such damage cannot be repaired
within such time, or if such damage shall exceed such sum, the
exchange respecting such property may be cancelled at the
option of PARK PLACE. Should PARK PLACE elect to carry out
this agreement despite such damage, PARK PLACE shall be entitled
to all the credit for the insurance proceeds resulting from
such damage, not exceeding, however, the total purchase price.
Should any fixtures or services fail between the date of this
agreement and the date of possession or the date of delivery
of deed, whichever shall be earlier, then SSC shall be respon-
sible for the repair or replacement of such fixtures or services
with a unit of similar size, age and quality, or an equivalent
credit.
15.3 Building. In the event that the Building
is damaged by fire or other casualty prior to time of closing,
PARK PLACE shall be obligated to use its best efforts to
repair the same before the date herein provided for delivery
of deed. Any insurance proceeds arising as a result of such
fire or other casualty shall be utilized to reconstruct and
repair the Building. Any additional cost incurred by PARK
PLACE in such reconstruction or repair shall be credited to
PARK PLACE and applied against the exchange value.
16. Limitation of Expenditures and Liabilities.
Notwithstanding anything herein to the contrary, PARK PLACE
shall not be required to expend any funds in excess of the
-12-
exchange value of the Aspen Property and the Snowmass Property,
as adjusted.
PARK PLACE shall not be required to incur any lia-
bilities in excess of the exchange value without indemnifi-
cation from ASC and SSC. Such indemnification shall be in a
form satisfactory to PARK PLACE.
17. Relationship of Parties.
Nothing herein shall be construed to make PARK PLACE
the agent of ASC or SSC for any purpose and PARK PLACE hereby
acknowledges that it is not the agent of ASC or SSC.
Nothing herein shall be construed to make ASC or SSC
the agent of PARK PLACE for any purpose and ASC and SSC ack-
nowledge that they are not the agent of PARK PLACE.
18. Invalid Provision. If any provisions of this
Agreement shall be determined to be void by any court of
competent jurisdiction, then such determination shall not
affect any other provision hereof, all of which other pro-
visions shall remain in full force and effect. It is the
intention of the parties hereto that if any provision of this
Agreement is capable of two constructions, one of which would
render the provision void, and the other of which would render
the provision valid, then the provision shall have the meaning
which renders it valid.
19. Intearation and Modification of Amendment.
This Agreement contains the entire understanding of the parties.
There are no representations, warranties, covenants, or under-
takings other than those expressly set forth herein. This
Agreement may not be modified or amended except by a writing
signed by all the parties hereto.
20. Tax Deferred Exchange. The parties to this
Agreement agree that it is their intent to engage in an Internal
Revenue Code, Section 1031, tax deferred exchange of like kind
property and all parties agree they shall reasonably cooperate
to effectuate such intent.
-13-
21. Survivability. Any representations or warrant-
ies made hereunder by any of the parties and any obligations
or responsibilities imposed upon any party hereunder shall
survive the closing where necessary for the implementation or
enforcement of this Agreement.
22. Counterparts. This Agreement may be executed
in counterparts, each of which shall be deemed an original,
and both of which together shall constitute one and the same
instrument.
23. Captions. The paragraph captions or titles in
this Agreement are for convenience only and shall not be
deemed to be a part of the contents of this Agreement.
24. Governing Law. The laws of the State of Colorado
shall govern the validity, performance and enforcement of this
Agreement. Should either party institute legal suit or action
for enforcement of any obligation contained herein, it is
agreed that the venue of such suit or action shall be in
Pitkin County, Colorado. The parties agree that this Agreement
was drawn by counsel for ASC, SSC, and PARK PLACE. This
Agreement shall not be construed either for or against any
party solely as a result of its respective counsel's drafting
any portion of such Agreement.
25. Attorney's Fees. Should this Agreement become
the subject of litigation to resolve a claim of default in
performance by either party, the party who is determined to be
in default shall pay the attorneys' fees, expenses, and court
costs of the nondefaulting party.
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the day and year first above written.
ASPEN SKIING CORPORATION
By
Thomas Richardson, President
-14-
By
SNOWMASS SKIING CORPORATION
By
By
PARK PLACE
By
Richard R. Woods
General Partner
By
Donald J. Fleisher,
General Partner
By
David M. Fleisher,
General Partner
-15-
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