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MEMORANDUM
TO: City Attorney
Ci ty Engi neer
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.
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LAW OFF"ICES
OATES, HUGHES & KNEZEVICH
LEONARD M. OATES
ROBERT W. HUGHES
RrCHARD A. KNEZEVICH
DEBORAH QUINN
~ROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPKINS AVENUE
ASPEN, COLORADO 81611
AREA CODE 303
TELEPHONE 920-1700
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
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 Downed
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
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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 nAn 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 nAn.
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 1960's. 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 nAn, 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 nA". 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
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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 nBn hereto and shown on Sheet 1 of the map
submitted herewith labeled as Exhibit nAn 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
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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 (61.34')
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
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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.
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EXHIBIT "B"
Alpine Surveys
Post Office Box 1730
Aspen. Colorado 81611
303 925 2688
January 26, 1981
DESCRIPTION FOR FLEISHER
PARCEL TO BE ACQUIRED FROM
ASPEN LEAF SPORTS
PART OF LOT C, BLOCK 90, ASPEN ORIGINAL T~~SITE,
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 COHPANY
SUMHARY OF LAND OWNERSHIP AND BUILDING FAR'S
PARK PLACE DEVELOP~.lENT CO . PROPERTY :
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 of existing Ski Corp building
Floor area of commercial space allocated
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
8,227 sf
192
8,419 sf
4,719 sf
8,800 sf
13,519 sf FAR 1. 61 : 1
3,032 sf FAR 0.36:1
16,551 sf FAR 1. 97 : 1
3,617 sf
4,961 sf
1.37:1
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May 29, 1981
Aspen City Council
City of Aspen
130 S. Galena
Aspen, CO 81611
Re: Park Place
Dear Members:
We are hereby requesting Final Plat approval of the
Park Place building under the Planned Unit Develop-
ment CPUD) guidelines established in Article VIII
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
a revised final plat will be submitted for record-
ing purposes showing the location of the actual
improvements.
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 25% 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 . Tplpnhnnp. /101\ ?l1t::;.LlQhQ
May L9, 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 reqirement 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
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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 pena1ise 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.
S~IY~.
Andrew Dracopoli
for
Park Place Development Co.
Ene. 5 copies of plat
Check for plat fee
MEMORANDUM
TO: Aspen City Council
FROM: Colette Penne, Planning Office
RE:
Exception (Condominiumizati~~
APPROVED AS TO FORM: ~
Lot D and part of
Street Mall)
CC
Park Place Subdivision
DATE:
May 24,1982
Location:
Zoning:
Applicant's
Request:
Referral
Comments:
Planning
Office Review:
Planning
Office
Recommendation
and P $. Z
Action:
Subdivision exception for the purposes of condominiumization
of the Park Place Building, including four employee units
deed restricted to the middle income category.
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.
The Park Place Building is a newly-constructed building and
prior to Us 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 to six-month minimum leases with no more than
two shorter tenancies per year. Other units that are prepurchased
are Uni.t 201 - Unicorn Books and Unit 202 - Pitkin County Dry
Goods.
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 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,
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:
1
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\l~"'l. Plat (PUD)
RE: Park Place R, (1 ;1I1;1I0IY
DATE: June 22, 1981 APPROVED AS TO
FOR~~
tJOTE: This application is companion to the Park Place Development
Subdivision Exception and Exemption
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:
- 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 25% open space requirement as per Code).
- 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).
- 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 deed' restricted em-
ployee housing units from GMP pursuant to density bonus
provisions of the Municipal Code (Sec. 24-3.4 as requested
above) .
Location:
Zoning:
History:
Background and
Applicant's
Request:
Sec. 24-8.3(a)
Sec. 24-3.4
Sec. 24-4.5
Lots A, B, C and D, Block 90, City and Townsite of Aspen
(located between the Guino Meyer Building and the Mill
Street Mallon Cooper Mall).
CC - Commercial Core (HP Overlay)
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 11th, and in so doing reaffirmed the 1981
commercial GMP allotment for the Park Place Building.
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.
T
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 pl an.
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 .51:1 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 so~e 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 allocationo 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 existing
structures which now obstruct the view planes substantiallyo
The Wheeler Opera House View Plane, for instance, which
creates the ~reatest intrusion on the site, is already
blocked by the Golden Horno 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
RecoTi1TIendation:
P & Z Action:
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 res.tri,eted 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.
1. Approval of the Final Plat (PUD) including waivers to
the Wheeler Ooera HbtJseand Waaner Park view places, and
a waiver to the 25% 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.
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
June 22, 1981
Page Four
City Council
Action:
'-'-
...,
"-,."
,..-'
Preliminary Plat (PUD)
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 Wagner 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. "
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EXHIBIT "A"
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.
Alpine Surveys
Post Office Box f 730
Aspen, Colorado 81611
303 925 2688
.
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 75009'1P W 4.5 FEET;
THENCE S 14050'49- W 0.46 FEET;
. THENCE N 75009 '1P 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.
4.
.
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SPEN
MEMORANDUM
DATE:
March 10, 1981
TO.
Jack Johnson
FROM:
Bob Edmondson
R'"
L.
Park Place Development Subdivision Exception and Exemption
Lot Line Adjustment - no co~nent.
Exemption - no comment as to Section 20-19.
Subdivision ot Lots C and D separate from portion of Lots A and B.
Is this creating a separate non-conformin<j lot? The City must be
insured that it will always be one parcel.
RBE:mc
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LAW OFFICES
OATES, HUGHES & KNEZEvICH
PROFESSIONAL CORPORATION
SUIT!:: 200
LEONARD M. OATES
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH OUINN
600 EAST HCPKINS AVENUE
ASPEN, COLORADO Bleil
April 1, 1982
AREA CODE 303
TELEPHONE 920-1700
TELECQPIER 920-1121
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.
c
~
OATES, HUGHES & kNEZEVICH, 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
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.,
AMOUNT
PREMIUM
DONALD J.FLEISHER & CO.
ATTN: ANDREW
OWNER $ TBD $
MORTGAGE $ TBD $
ADDITIONAL CHARGES $
COST OF TAX CERTIFICATE $
SURVEY COSTS $
TOTALS $
L
.J
Your Reference PARK PLACE
CC's To:
No. 7301982
C
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 chari:'es 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:
Phone:
VH
925-1766
By
VINCENT J. HIGENS
AUTHORIZED SIGNATURE
The effective date of this commitment is
At which time fee title was vested in:
MARCH 24
,19~at 8:00 A. M.
SEE PAGE 2
SCHEDULE A
1. Policies to be issued:
(A) Owners':
TBD
(B) Mortgagee's:
TBD
)
TITLE FINDINGS:
,.."
<.,*,,'
SCHEDULE A-Continued
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 l, '1982.
/.."......
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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 D1
THENCE S 14050'49" W 100.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT D1
o
THENCE N 75 09'11" W 120.36 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF SAID
LOTS TO THE SOUTHWESTERLY CORNER OF SAID LOT A1
THENCE N 14050'49" E 41.04 FEET ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT A1
o
THENCE S 75 09'U" E 60.79 FEET TO THE EASTERLY WALL OF THE EXISTING BUILDING1
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 C1
THENCE S 75009'11" E 59.64 FEET ALONG SAID NORTHERLY BOUNDARY LINE TO THE POINT
OF BEGINNING.
,.- ~
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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
)
,
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 publi~ records.
8. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the public
records. .
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, 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 frcm the United States for
the City and Tc.wnsi te of Aspen under the provisions of the act of Congress, ':
approved on the Secorrl day. of March, A.D. 1867, antitled "an Act for the relief
of the inhabitants of Cities and Tc.wns, upon the public lands. " "Pmvided, that
no title shall be hereby a~red to any mine of gold, silver, cinnabar, or
copper or to any valid mining claim or fOSsession held under existing 1aws:and
pmvided further that the grant hereby made is held and declared to be subject
to all the conditions, limitations, and restrictions cnntained in Section 2386
of the revised statutes of the UiJited States. so far as the sane are applicable
thereto. " '
7. Easerrent 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 pert:ainin::J to a district for a Historic Preservation as contained
in lbtice of Historic: Designation receded Jarmary 13, 1975 in Book 295 at Page 515.
9. Terms, Conditions, proYisions, xestrictions and covenant~ as contained in Subdivision
PUD agreement between Park Place Developroent Company and the City of Aspen as record....'
November 4, '1981 in Book 416 at Page 954.
10. Tenns, .agreements, provisions, conditions and obligations as contained in Option to
Purchase Agreement between Aspen Skiing Company, a Colorado General Partnership,
Optionor, and Empire Savings',. Buildi:n9 and Loan Association, a Colorado Corporation,
Optionee recorded February 19, ~982 in Book 422 at Page 413.
1l._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.
~2. Deed of Trust from: Park Place Development Co., A Colorado General Partnership
to the Public Trustee of the County of Pitkin
for the use of Empire Savings, Building and Loan Association
to secure : $1,300,000.00 .,
dated : February 10, J.982
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 g~ven
in connection with' the above Deed of Trust recorded in Book 422 at Page 430.
I'
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Transamerica Title Insurance Company
Arapahoe - Douglas
2000 wo.t lIHlolon Ioul....olllll
lIfflolOft, Colorado 80110
13031 7t5-WOO
larimer
151 Wul MOUl'llolf! "........
10..1100
fort Collii'll, (ol.",do 10522
(303) "'3.64"
D.n....r - Ada....
1800 lawrenCM 5'....
Den_r, Colorado 80202
(303) 629."800
M...
531 lood "'''''''M
Grorul h.ncfioll, Colorado '1501
13031 2"2-I2U
Bould...
1317 Sprue. $,,...,
Iouldor. u.lorodo 80302
130]1 <<3-7160
Pitld...
530 East Molfl SI....
Aspen, Colorado .1611
(303) 925.'764
Eagl.
101 Soutlrl fronta". load
10111700
VolI, Colorodo 81657
13031629.4956
fuebl.
627 North Moin $11"Mt
'....blo, Colorado '1003
1303) S4J-04S1
EIPa..
..,. South W.ber 51""
Colorado Spnl'l"I, Colorado 80903
(3031 UC.3731
Iou" - Jackson
.50711ncoln Slreet
10.. nJ561
SteGmboot Springs, Colorado 80477
(303) 179-1611
J.ff.non
1675 eelrr StrMt
lobwood. Colorado 80215
(303) 231.2800
W.1d
9111o"'h 5'....
G....ley. (olo.odo 80611
(303) 352.221J
,r
Transamenca
Title Services
CONDITIONS AND STIPULATIONS
Please read carefully
1. 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.
2. Only the policies shown are committed to. If there are any changes in the transaction, order an
amendment from us.
3. The date on this Commitment is important. Nothing after that date has been considered by us.
4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are
needed.
-
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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 (Condominiumizationl
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.
f~~
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ff2()~
crvv
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t.AW C,.FICES
OATES, HUGHES & KNEZEVICH
LEONARu M. OATES
ROBERT w. HUGHE~
RICHARD A.. KNEZEVICH
DEBORAH OUINN
PROFESSIONAL CORPORATION
SUITE ZOO
600 EAST HCPI"'INS AVENUE
ASPEN, COLORADO 81611
April'l, 1982
.
AREA CODE :303
TELEPHONE 920-\700
TElECOPIER 920-1l21
.'
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, IiIJOHES R kNEZEVICH, 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.
~Olw-
LEONARD M. OATES
LMO/mlp
Enclosures
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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.
JHjco
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Park Place Subdivision Exception (Condominiumization)
DATI: May 4, 1982
Location:
Zoning:
App 1 icant I s
Request:
Referral
Comments:
Ylanni og
Office Review:
Planning
Office
Recommendation:
Lot D and part of Lots A, B & C, Block 90 (on the Cooper
Street Mall)
CC
Subdivision exception for the purposes of condominiumization
of the Park Place'Building, iACluding four employee units
deed restricted to the middle income category.
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 Covenant,
for the employee housing.
Engineering Department
The fngineering Department noted seven plat changes to be made
before recordatton of the condominium plat and subsequent sale
Df the JJnit, understanding that the structure is still in the
construction stage and some items cannot be shown until substan-
tial completion of the project.
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 10~ and moderate income housing units. The
four deed-restrtcted units (Units 301-304) 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 prepurchased
are Unit 201 - Unicorn Books and Unit 202 - Pitkin County Dry
Goods.
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.
"
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MEMORANDUM
FROM:
Colette Penne, Planning Office
Gary Esary, Assistant City Attorne~.
TO:
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.
,t.."",
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"..,./
MmORANDUM
TO: Aspen City Council
FROM: Jack Johnson, Planning Office
RE: Park Place Development Subdivision Exception
DATE: June 22, 1981
NOTE:
Location:
Zoning:
Background and
Applicant's
Request:
Sec. 20-19
Referra 1
Comments:
Approved as to form:
This application is companion to the Park
Lots A, B, C and D, Block 90, City and Townsite f Aspen,
(located between the Guino Meyer Building and the Mill Street
Mallon Cooper Street Mall).
CC - Commercial Core (HP Overlay)
Lots A, B, C and D constitute approximately 12,036 square feet
of land, originally platted into four 30'% 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
de 1 i very.
This application requests approval of the following:
- 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).
Attorne 's Office - No comment on the lot line adjustment
subdivision exception).
EngineerinCl 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 Band 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
June 22, 1981
Page Two
Planning Office
Recommendations:
P & Z Action:
City Council
Action:
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Development Subdivision Exception
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 Band 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.
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.
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 Band 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 thi rd party."
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Jack Johnson, Planning Office
RE: Park Place Development Subdivision Exception
DATE: May 19, 1981
NOTE:
Locati on:
Zoni ng:
Background and
Applicant's
Request:
Sec. 20-19
Referra 1
Comments:
This application is companion to the Park Place Preliminary
Plat (PUD).
Lots A, B, C & D, Block 90, City and Townsite of Aspen,
(located between the Guino Meyer Building and the Mill
Street Mallon Cooper Street Mall).
CC - Commercial Core (HP Overlay)
Lots A, B, C, & D constitute approximately 12,036 square
feet of land, originally platted into four 30'~ 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 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:
_ 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 Corporation. (Reconstitution of Lots
C and DJ.
Attorne 's Office - No comment on the lot line adjustment
subdivision exception).
EnQineerinQ 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 Band 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
1
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 8uildingo
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 Co
_ 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 part Yo
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MEMORANDUM
TO: Aspen City Council
FROM: Jack Johnson, Planning Office
RE: Park Place Development Subdivision Exception
DATE: June 22, 1981
NOTE:
Location:
Zoning:
Background and
Applicant's
. Request:
Sec. 20-19
Referra 1
COllll1ents:
~
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Approved .as to form:
This application is companion to the Park Place F~al Pla~(PUD)
Lots A, B, C and D, Block 90, City and Townsite f Aspen,
(located be~n"tj)~LGl:I~no Meyer Building and the Mill Street
Mallon Cooper Street ~lall). .....
CC - Commercial Core (HP ~~rlay)
-
/
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 aredevelqped with two buildings (Aspen Leaf Sports and
)\Spen Ski Corp. building) under separate ownership. Lots C~nd
D3re undeveloped and utilized as temporary parking. TWenty or'
more years ago, a small strip of land, 21Ls9Vilre. fe,et, originally
platted as part of Lot C was conveyed to a part of. Lots ~apq B
(Aspen Leaf Building) for PUriioses 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
i ntegri .!L2f. ~()~~. G.iln;;l.D..wi t/:1Jh.e,1Ps1'!.t101t9f .. thi S' 227 square
root'StrlP or land and making other provlsion forme'teringarid
delivery.
This application requests approval of the following:
- Exception from full subdivision procedure in the approval
request for conveyanc~,of a.Z~7 square f09t strip of land
from the "Scott Family Partnership to"the' Aspen Skiing-Corpora-
tion. (Reconstitution of Lots C and D).
Attorne 's Office - No comment on the lot line adjustment
subdivision exception).
Engineerinq 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 fillal plji.t. 511d,icating, the new lot J ine. between Jots Band 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 1l0.prQbl~~sregarding area and bulk
requirem~nts of the resulting parcels. The 227 square foot
pafcel wi11 be calculated into FAR equations in the new Park
Place Building pending approval of this subdivi~ion request.
- This 2.27 square foot parcel should be conveyed to and ,be ,il-
part <>Lthe Aspe,n Ski CQrp'.sprollerty (Lots C and D and southern
portions' of Lots A and B) and not into the temporary ownership.
~ 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.
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Memo: Park Place Oevelopment Subdivision Exception
June 22, 1981
Page Two
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Planning Office
Recommendations: Approval of the exception from full subdivision procedures for
purposes6rlot'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 Band C.
-
2) Engineering Department review of the new meter and utility
locations and the associated maintenance and access easement.
P & Z Action:
3) Conveyance of the 227 square foot parcel to the Aspen Ski
... Corp. and not to a third party.
The Planning and Zoning Commission recommended,~.ppr~~l of this
application at their regular meeting of'Jlay,.19.r..1981.,subject
to the three conditions as outlined under Planning Office recom-
. mendations.
Ci ty Counci 1
Action:
Should City Council concur with the recommendations of the Planning
Office and P & Z, the appropriate motion would be as follows:
nI 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 Band 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."
.
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Jack Johnson, Planning Office
RE: Park Place Development Subdivision Exception
DATE: May 19, 1981
NOTE: This application is companion to the Park Place Preliminary
Plat (PUD).
Loca ti on:
Zoning:
Background and
Applicant's
Request:
Sec. 20-19
Referral
Convnents:
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).
CC - Commercial Core (fIP Overlay)
Lots A, B, C, & D constitute approximately 12,036 square
feet of land, originally platted into four 30'z 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 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:
- 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 Corporation. {Reconstitution of Lots
C and DJ.
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lot line adjustment
EnQineerinQ 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 Band C. This exchange should also
be subject to City Engineering review of the new meter and
utility locations and the associated aecess 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
<~"'"
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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 Band 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.
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MEf10RANDUM
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 t1arch 17
agenda but, at the request of the applicant, the public hearing w..s
continued until April 21 in order to make alterations to the application.
The Pl anni ng Offi ce, wi th concurrence by the app 1 i cant, recom.ends 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.
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MEMORANDUM
FROM:
Jack Johnson, Planning Office
Jay Hammond, Engineering Department ~
TO:
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 height limitations and open space, these concerns were viewed at
the time the applicant submitted the proposal 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
W1der 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 Band C. This exchange should also be subject to city
Engineering review of the new meter and utility locations and the
associated access and maintenance easewents.
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 W1acceptable in that it would create, if only temporarily,
a non-conforming (W1dersized) 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.
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MODIFICATION OF SPECIFIC PERFORMANCE AGREEMENT
THIS AGREEMENT,
made this ~~ 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".
WIT N E SSE 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
"Contractn, 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.
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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 nAn hereto, that an
option to purchase the same shall be required to consent to
the conveyance of the property described in Exhibit "An 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&' ,'d,/J~~
Donald J. eisher,partner
By
-2-
, ,DESCRIPTION FOR FLEISHER..,
PARCEL ~~BE ACQUIRED FROM ASPEN l~ 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 15009'11" 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
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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.
,IIa/~ / Zf0, 1981.
Dated:
PARK PLACE DEVELOPMENT CO.
By ~v~f2 ~kcL
Donald J. Fleisher, Partner
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
/7.1y'he forego~~ instJument was acknowledged before me
this /v~day of ~, 1981, by DONALD J. FLEISHER,
Partner, of PARK PLACE DEVELOPMENT CO.
WITNESS my hand and official seal.
My commission expires: '? -/,)"-fz-
II N~~/~
ACCEPTANCE 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 fore~oing Acceptfince of Assignment was acknowledged
~ore me t~is j:L day of //J')!J~ , 1981, by NOA'JAS' ctJ,
,f 0; MiJJJ for and as the act of ASPEN SKIING CORPORATION a
C lor ado corporation. '
WITNESS my hand and official seal. (2
My commission expires:3-t-B ,1.
/!Jfl? C~I'.$l0A
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Th.. ~ri.lC'd portio.. ot rhi. to"" .ppro..... b, the
C,"ro.s. a..1 EI'ate Commi"io. (Se 21-12-17)
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SPECIFIC PERFORMANCE CONTRACT
(COMMERCIAL)
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Aspen
Colorado
Fehrll"TY 10
19.BL
See description attached hereto as Exhibit "A".
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with all easements and rights olway 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
fixr!~ae~.knownas thE!: n~i'it:y RPTvi,..ing rnTri~nT" 'y';ng eanat-p.,.'y of' t-he Ac:ppt) T~af
w'tuc"\a pPAerty purchaser agrees to buy upon the following terms and conditions, for the purchase price of
$ 15.006.00 payable as follows: $ 1,500.00 hereby receipted for,
$ 13.500.00 upon closing.
Cost of any appraisal for loan purposes to be obtained after this date shall.be paid by
Purchaser.
i. 1 If r Auh r-lf 1rlllllt i:lurlf Ill' A'llilftgagi if! ts Iii illillllMlilil, UHf JlIHltlu.GllF rlifFSSS t& II,,]:; (iF 1l1n- IU-"1XIFtii-q :,
:: fll\lIiinli IlFli 11JFV\..UiF IlgFiii tl1 ,~:' {l} -ltllR "-r--I''O'T f"'~ -"'....- "".AM'" f ",-..I {?) "'- :-..-."'....
rr.'" _"'. .'" ...v_"''''...!
t"f. P"''' ................ 'I' +\..o 1....."'....... .........~"'...+ +... .., 1...",.. ........~p+;...... ;.. .....qu....'" +l.;.. .........+......... ..
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l!.JlJlFeelll~ l!ilR9itiliRillltiJlliR ohtaiRiRg l)'leA eORegJ;1t '''itRIlW.t 1JRP-gu j- tRU tu-MF ~ iii vu-.Iitit'RG -(fur\.. h>F~ "l",o,"'p.....81
"'\.."'..- ~..-..^.1
If 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.
! i 2. Price to include the following personal property: None (Vacant Land)
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\11 he IIiR I!~ eiilli~' \ill 'O'fU'r1n ~t t:_,:, -l'lllt'fi~g:'" ..\.....;... P"'~"~"'. _~.....Ia;...... r..._.. ..-'" ..1....... ",r..n p_....._......1 p"''''P'''''''':' +.........".
I ~ J:~1".5 aFlS i!R8WJR\1rr........... -.........p+.
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The following fixtures of a permanent nature are excluded from this sale:
None (Vacant Land)
,.
3. ) t. Ahbart 8ftith tEl ll8.iiil JlrgpgF.:', urtif:....1 .- .I_h, "'.. ,A current commitment for title insurance policy in an
amount equal to the purchase price, at seller'. 1I,1j;oq r-.1 expense, shall be furnished the purchaser on or before
!otarch 1, 19..8.1- ,,~....n..... ..1........... ,......;..1-. ..~;'" .itl.. ;..................... ..............;............t Sellerwill
I,
deliver the title insurance policy to purchaser after closing and pay the premium thereon.
4. Title Ihan be merchantable in the leller, except al Itated in this paragraph and in paragraph 10. Subject to
!,
payment or tender as above provided and compliance with the other terml and conditions hereunder by purchaser.
II
the seller shall execute and deliver a good and sufficient (:pnprJ:ll1 warranty deed to said purchaser on
!; _J.."" 1 Ii, . 19--8L, o~\ytwt\illP.liFr:.l!..arrLi.np.,.r\ier date, conveyinc said property free and
'I clear of all taxes. except the eeneral taxes for 19-81., payable Januar)' 1.19--82.. and-e2.C"e'pt
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rree and clear or all liens ror special improvementl now inltalled. whether assessed or notj rree and clear or all lien.
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and encumbrances except:
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No. SC 23.12-71. sp..t1nr r..rrormanu Contnr'CCo_..~I.I)-Bndrorcl Publi.hin..Co., 1..1 Stout Str...t, D..nvu,Colo.I67S-6011)-fo.1'
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ATTAGHMENT 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 eorp!'*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.~
an.d eJ:C'ept the following easements: any of record or in place.
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and subject to building and zoning regulations &fWf..U..toUew+ng...r.e~~e~4u."""
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. Genera) taxes for the year of c)osine shall be apportioned to date of delivery of deed based on the most recent
levy and the most recent assellmenL Prepaid rents, water renta, sewer renta, FHA mortgap inaurance premiums
and interest on encumbrances, ifany,-&R4.
sha)) be apportioned to date of delivery of deed.
6. Thehourandplaceofclosingahanbeasdesignatedby~pllp""J::: ~'t''''n-rnpy (r.lnQing ton hp in Ac::pen, CO.)
7. Possession ofpremiaes shall be delivered to purchaser on (' 1 nc::ing
subject to the foUowing leases or tenancie.:
1/
),
Purch~..r
It the seller fans to deliver possession on the date herein specified, the aeller aha)) be subject to eviction and sha)) be
liabl. for a daily r.ntal of $ 100.00 until po.....ion i. d.liv.r.d.
8. In the event the premises aha)) be damaged by fire or other casualty prior to time ofelosing, in an amount of not
more than ten per cent of the total purchase price, the seUer IIhall '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
ahaU exceed such sum, this contract may be cancelled at option of purchaser. Should the purchaser elect to carry out
this agreement despite auch damage, such purchaser shaD be entitled to aU the credit for the insurance proceeds
resulting from such damage, not exceeding, however, the total purchase price. Should any fixtures or services fan
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 sener 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 aU 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 aU 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 fuD force and effect, the non-defaultine party shaU have the right to an action for specific performance and
dam ageL
10, Except as stated in paragraph 4, if title ia not merchantable and written notice of defect(s) is given by the
purchaser or purchaser's agent to the seller or seUer's agent within the t.ime herein provided for delivery of deed and
shall not be rendered merchantable within 30 daye, after such written notice, then this contract, at purchaser's option,
shaU 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 forth~th to purchaser upon return of the abstract, if any, to seller; provided
however, that in lieu of correcting such defed(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 shan have the option of accepting the then existing insured title in lieu of such merchantable title,
The sener shall pay the full premium for such owner's title insurance policy, and the abstract, if any, shaH be returned
by the purchaser,
11. Additional provision.: 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 seHer in writing on or before 19___ this
instrument shall become a contract between seller and purchaser and shall inure to the benefit of the heirs,
S~ARKsopUC\asDi nSLbPMt:NTrt~O" a General
artnersh p . /10/81 Agent
Pu cn...r )?~ya FIe! ir; yner ~D'" -/ F J
I'&- F/~ :~i ;' ~:lA, I;~rrr
D...
men
Seller accepts the ab:~e pr.oposal thi. ft day of
Februarv
.19 81 a"d &8'-'t"-.
t81'AS R f11AURiliiSiQA v( flI: o;;r(tR1t 8'F1;>U. I'~l~p F~:~- t-w-r ~-p"i~"" i", t\..i.. t.........__t:^... ......I ..F...... f\....t ;.. fl... .......... "',
"-""^:~"r9 Q(F"f-~-'~ -~..It' ":-:: f'1rll'1..u^,\ ......\. Fnr-~-" "R,l1 \;>11 ..1:..:..1_..1 '--....'t"11R t'a. p-nu'r "'rvlt1tF --~ tRt! gglh..
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Sen.. ~ Sen.,
Purchaser'. Addre.. 6'0 F.~!C;" 'Rym:ln Avpnnp. A!C;ppn ~ r.n Rl Ii"
c/o Mark Longfield, Suite 103 W, First National Bank Building
s.n.r'. Add,e.. Pueblo. CO 81002
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MEHORANDUM
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 app 1 i cant, the public heari ng 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.
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L."'W O""'CltS
O^TI':S, lfuealEs & KNEZI::VICII
L.EON""O M. OATES
"OBERT w. t-IUOHl!:S
"'CHA.RD A. KNEZr:VICH
OEBORAH QUINN
PRO'ESSIONAL CORPORATION
aUITE ZOO
eoo EAST HOP""N!! AVl!:NUl!:
ASPEN, COLORADO 81l:5Il
AREA CODE 303
TEI..EPHONE gZO.1700
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
ATTENTION: Sunny Vann
RE: Application for an Exception from the Strict Application of
.aaa Eneml'EisR 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. rloods and David Fleisher (the nBuyers")
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; ~n l?l rormissisft for AGe ~
XQRlFQI"J.rily ~Qt::l'U'~y tQ 'ERe iiu~rQri' "ta.at: peE'EieR sf I.Q~~ " ;:Inn n (")wn~,.,
hy ~t Up9R tBe eSRaitieR 'ERat 'Eke ~Qyera ~ho~~~r~pr hp (")hl;g~~~~ tQ
bny f:rrun nc::" ~nn ASC hp. nhl; 9';:af-Q,., t-n ~P- l' f-t"\ 'R:t11"a.rC! +-no. pgrtisRs of
-bols A and Il o~u~J L.l' AGC, l:1198.R the fliEtRQr (".....nr1it-ion that pprm~npl'1rly
all af ASC's 8\iTRersl=1ip iR lQ.foC! llr R. c. ;'Inn n. ~.R.QR 'lJ'Qc:f-~n in nwnpr~h;p
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OATES, lIuGlms 8.: KN1;;ZI.:V1CIl, P. C.
ill the Bl1)l:E'J, k ~unslc1~r:ea one and only vu~ parGcl of f>:rO~e:Fty>
tbeE'eaf~eE' at1hj(.~L Lv full u..J:'l"liGatiG..~ \,.If Llu;: 'ILl' v! A"'!:"l:u..3
!ltthai.,-i.Jiou J..~yuJ.al:ion:;.
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 nAn 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 "An.
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 a~d B
were built in the late 1950's or early 1960's. 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 "An, 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 "An. 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
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J....TES, HU<;lIES & KNEZEVICII, P. C,
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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 0, was conveyed to
the then owner of the Aspen Leaf Building. Based upon our inquiries,
w~ 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 ~ 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. 7.2.7
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 nB" hereto and shown on Sheet 1 of the map
~qAmitted herewith labeled as Exhibit "An outlined in yellow containing
~ squ~~~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
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Ol'l.TES, IIUUlIES & KNI~ZI~V1CIl. 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 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 (61.34')
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 ~~~d 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 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 documentat~
The applicant represents that it will, upon conveyance of the ~
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.
.(jt3B9I".7IS18U !,;XEl-IF'fIOll:
The. 3e.eeFU& rcq1:1e..3L ~:) fuJ.. t::At::lUpLlollo from alt..z \Jr 'A~pt:::lll ~ i:)~tdi-."; 910n
r"gn~ <lEisl..!! Cl"l\.lu',j IUL peLIII1,.,.luu Lv ,:ol'lvl.)1 AGC 'C I"sE'eiel'l of bee:!! 11.
~~ ; :"p:ara'eelx L.vul .i.L,. conveying uf LuL" C uud El, I9SER SSRveYAl~"'es
~. .~~ ~: ~:8 8ayer. ^GC ana Buyer Rave a 19i1ateral sl"eeifie l"erfQry
~n R ~gt o~ QXgR3Rg9 fQ~ gQth pFe~~~L~c~. A3C has ae~eLfflinad
to leeate its l:n1.3i.u~i:l'i:J v[r:(:~ 6.L LL.e A:Ll-'O:rt. Easil..<:.33 Ce.nter iv iI
t\ptd filsilit.y t.rn;("n will hpt-t-p,.. cn;.... ;~T RggaS aRB eel..hiu= ClUJ
.coRseliElatQ RUmere\:lG sf F..CC -:) UoJllIiui3tl:at.i9:'g fl:iR,st.isRl2i .,IRish. al!C
~w fra~ffieRtBa aae ~g limitoQ spaee a7ailaele 18 its prQ~9Rt effi~
b;ildil19 and lauJ u.i:)C .LlCyula.Llull~ d.i.'~L;UU.L""'9"infJ sgr+-~in functions
from 1-''U::~ing In,..;:d'''.oQ taeraiR. UeUaY9r, it.s; RQH f21silit] ~s R'7t.
~~~:~~~:~d, ~R~.~il~ :~~ ~l. e~ffil"l~~~a aRE~l ~priRJ. ~~8:, (:~:.).
, A3 ... ,,= l: re a~n ownersh~p, occupan ad 0:[
it~ ~L~~~llL u[[l~1C Lu~lJing o~~ LvL~ A aR~ R. ~dditiQn~11Yl n~r
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OATES, ll(](;IlI~s 8: KNwmvlclI, P. C.
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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 0 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 durinq 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 0 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.
:
By
Leonard
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EXHIBIT "e"
Alpine Surveys
Post Ollice Box 1/30
. Aspen, Color ~do 81611
303 925 2688
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.
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EXHIBIT "C"
PARK PLACE DEVELOP~IENT COHPANY
SUMMARY OF LAND OWNERSHIP AND BUILDING FAR'S
PARK PLACE DEVELOP~,IENT CO. . PROPERTY :
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 of existing Ski Corp building
Floor area of commercial space allocated
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
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8.227 sf
192
8.419 sf
4.719 sf
8,800 sf
13.519 sf FAR 1.61:1
3.032 sf FAR 0.36:1
16.551 sf FAR 1.97:1
3.617 sf
4.961 sf
1.37:1
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LAW OFFICES
LEONARO M. OATES
ROeERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH QUINN
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
SUITE ZOO
800 EAST HOPKINS AVE,HUE
ASPEN, COLORADO 81811
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".:.....REA CO'DE 303 .
TEL.'EPHONE 920.1700'
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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
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 RBuyersR)
and Aspen Skiing Corporation (RASCR) 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 0; and (2) permission for ASC to
temporarily convey to the Buyers that portion of Lots C and Downed
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 0, when vested in ownership
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. OATES, HUGHES & KNEZEVICH, P. C.
in the Buyers, be considered one and only
thereafter subject.to full application of
subdivision regulations.
one parcel of property
the City of Aspen's
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 "Aw.
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 1960's. 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 nAw. 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
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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 ABC 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 I 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 B~yers on Lots C and D, given that the
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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 (61.34')
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 .Cft.
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 ina
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
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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 os~~"':'i1~o U:ONARD M. O.ATE:
By
Leonard M. Oates
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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: ..IIarci..- /Z#c/, 1981.
PARK PLACE DEVELOPMENT CO.
By ~ fl. L/~-L--
Donald J. Fleisher, Partner
STATE OF COLORADO
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COUNTY OF PITKIN
The forego~~ instJurnent was acknowledged
this ;I~~day of ~~, 1981, by DONALD J.
Partner, of PARK PLACE DEVELOPMENT CO.
before me
FLEISHER,
WITNESS my hand and official seal.
My commission expires: 'r-/S--fz-
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ESCROW AGREEl-lENT
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.
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4. Unless otherwise agreed in writing by them, PARK
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 totl1e 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-
ise 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
SCROW 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
nder paragraphs 2 and 3 above.
ees,
6. Should this Agreement become the subject of litigatiorl
o resolve a claim of default in performance by any party, the I
arty who is determined to be in default shall pay the attorney's
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expenses, and court costs of the nondefaulting party.
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IN WITNESS WHEREOF,
the parties have executed this
Escrow Agreement as of the day and year first above written.
ASPEN SKIING CORPORATION
By
Thomas Richardson, President
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
ESCROW AGENT
By
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EXCHANGE AGREEMENT
This Exchange Agreement made this
day of
November, 1980, between ASPEN SKIING CORPORATION, a Delaware
Corporation (hereinafter referred to as "ASCn), and SNOWMASS
SKIING CORPORATION, a Colorado Corporation (hereinafter referred
to as nSSC"), and PARK PLACE DEVELOPMENT COMPANY, a Colorado
General Partnership, (hereinafter referred to as npARK PLACE").
RECITALS
1. ASC is the owner of certain real property located
in Aspen, Colorado (hereinafter referred to as the nAspen
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 14050'49" E 41.04
feet along the West line of said Lot A;
thence S 75009'11" E 61.34 feet; thence
N 14050'49n E 25.42 feet; thence S
75009'11n E 1.20 feet; thence N
14050'49n E 0.46 feet; thence S
75009'11n E 4.60 feet; thence N
14050'49n 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 14050'49n
W 100.00 feet to the Southeast corner of
said Lot D; thence N 75009'11" 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
nSnowmass 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
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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 nBusiness Center Property").
A draft copy of the proposed form of such net ground lease is
attached hereto as Schedule nAn. Such lease is hereinafter
referred to as the "Lease.n
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 "Bn.
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.
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Such special warranty deed shall be substantially in the form
as that attached hereto as Exhibit "CR.
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 l/llth 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
Snowmass Property
TOTAL
$1,000,000.00
$ 100,000.00
$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
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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
valuen as used hereafter shall include the adjusted exchange
value whenever such concept shall apply.
4. Obliqations of PARK PLACE. PARK PLACE hereby
represents that:
4.1 It shall execute the Net Ground Lease
attached hereto as Schedule "An 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.
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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 costsn 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
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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 nGn and nHn 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
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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.
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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 ndefectsn 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.
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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 Legal 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:
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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.
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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
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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
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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-
now ledge 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. Integration 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.
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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, sse, 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 Richargson, President
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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
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