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HomeMy WebLinkAboutcoa.lu.su.Scott Building _.-..-........--'._~. ~ , i.~' Recorded 9S~ 1~H)'156 August 8, 1977, Ju1~ne BOO]( 333 PACt 118 4.", SUBDIVISION IMPROVE~1ENT AGREEMENT THE SCOTT BUILDING SUBDIVISION THIS AGREEMENT, made and entered into this 5th day of July , 1977, by and between THE SCOTT CO~~UNITY PROPERTY TRUST (the "Subdivider") and THE CITY OF ASPEN, COLORADO, a municipal corporation (the "City"), WIT N E SSE T H WHEREAS, the Subdivider holds record title to a parcel of land situated in the City of Aspen, County of Pitkin, State of Colorado, to wit: Lots K, L, ,~1, n, 0, P, Q, Rand S, Block 38 City of Aspen; and, tiHEREAS, the Subdivider has submitted to the City for approval, execution and recording a subdivision plat of the above- described property, such subdivision to be known and designated as "The Scott Building Subdivision"; and WHEREAS, the City has fully considered such subdivision plat, the proposed development and the improvement of the subject property shown thereon, and is willing to approve, execute and accept said plat for recordation upon the agreement of Subdividers to the matters hereinafter described, which matters are deemed necessary to protect, promote and enhance the public welfare; and WHEREAS, the Subdivider and the City wish to reduce said agreement to writing. NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of said subdivision plat by the City for recording, the parties hereto hereby agree as follows: 1. Subdivider covenants and agrees to and with the City that the Subdivider will affirmatively consent to and join in the formation of any special improvement district, encompassing all or any part of The Scott Building Subdivision, that may hereafter be A ,~ BOOK333 f'A~t119 proposed or formed for the construction of street improvements, drainage improvements or buried electrical improvements. Sub- divider hereby waives and further covenants and agrees to waive any right to protest against the formation of any such district. 2. In the event the City, at any time or from time to time, shall construct or install any street improvements, which improvements service or improve a general area including the lands \.ithin The Scott Building Subdivision, the Subdivider agrees, upon demand, to payor reimburse the City for that portion of the actual cost of such improvements which is properly allocable to said subdivision, provided, however, that the City shall be entitled to such payment or reimbursement only if such improve- ments are constructed over an area which includes at least the following described minimum area, to wit: Hopkins Avenue from Third Street to Fourth Street. Subject always to the minimum area requirements set forth above, the City shall have the right to install or construct such improvements in phases or increments, e.g., curbs and gutters in one year and sidewalks in a subsequent year, and the Subdivider shall payor reimburse the City for each successive phase or increment. Provided, however, that improvements installed during the initial construction, i.e., curb, gutter and sidewalk, shall not be charged to the Subdivider. 3. , .. The Subd~v~der agrees that no condominium unit located within the Scott Building Condominiums shall be leased for any period of less than six successive months, or in the alternative, be leased more than twice for short-term periods within any calendar year (in addition to occupancy by the owners or any lessee for a six-month lease term). 4. City acknowledges the minor impact of the development and waives the cash escrow requirements of Section 20-16(c) of Ordinance 22 (Series of 1975). The Subdivider agrees to construct sidewalk, curb and gutter for a distance of 180.04 feet along the southerly line of Lot 2 and along the southerly line of the Common Area of The Scott Building Subdivision -2- A ,!"",,\ , 800K 333 i'AGE120 from the southeast corner of Lot 2 to the southeast corner of Lot 1 (inclusive of a portion of said improvements which have been constructed prior to this date). Such improvement will be accomplished at the same time as the construction of improvements is accomplished on Lot 1, but not later than December 31, 1978. In lieu of cash escrow, the Certificate of Occupancy for any improvements constructed on Lot 1 shall be withheld until comple- tion of the sidewalk, curb and gutter installation agreed to be accomplished by the Subdivider in this paragraph 4. 5. Upon approval and recording of the final plat of The Scott Building Subdivision, the Subdivider agrees to give all existing tenants located upon the premises fair notice and a ninety-day exclusive, nonassignable right of first refusal to purchase the condominium units in which such tenants reside at the preliminary market value at the time of said notice. 6. The Subdivider further agrees that for a period of three years following the execution of this Agreement the fol- lowing restrictions will be imposed upon Condominium Units Nos. 2 and 3 located in the Scott Building Condominiums in said Subdivision: a) Both units will be made available for lease fully furnished at the fOllowing rental rates: (i) Unit 2 at $500.00 per month (ii) Unit 3 at $225.00 per month (except that Unit No. 3 may from time to time be used as part of the office facilities located at the premises). b) The employees who work at the premises for Dr. Russell Scott, Jr. or for other employers will be given the right of first refusal to lease said Units Nos. 2 and 3. 7. The covenants and agreements of the Subdivider herein shall be deemed covenants that run with the land, shall burden the land included within said sUbdivision, and shall bind and be specifically enforceable against all subsequent owners thereof, including the Subdivider, his heirs, personal representatives, successors in interest and assigns. -3- . A' !"'""\ . . BOOK 333 I'AGf121 8. City acknowledges receipt from Subdivider of the sum of Ten Thousand Two Hundred Dollars ($10,200.00) as full satisfaction and discharge of Subdivider's obligations under the applicable subdivision ordinance to pay cash in lieu of the conveyance of land to the City for public use purposes. 9. Upon execution of this agreement by all parties hereto, City agrees to approve and execute the final plat of The Scott Building Subdivision and accept the same for recording in the real property records of Pitkin County, Colorado, upon payment of recording fees and costs to City by the Subdivider. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ATTEST: CITY OF ASPEN a~ ..-""'-l --- ~ I Sta dley, III~or / I THE SCOTT dMMUNITY PROPER;;-- TRUST ~ ~ ~ ~ik' JrU~ By Russell bfi -4- MEMO TO: FROM: DATE: RE: ,~ ~. HAL CLARK PLANNING DEPT. DAVE ELLIS "'_ CITY ENGINEER ~~ June 9,1977 SCOTT BUILDING SUBDIVISION - FINAL REVIEW In reviewing this final plat only a few items were found to be deficient. A recording certificate is necessary, the transformer easement should be an electric and communications easement, and this change should also be noted in the grant of easement. In regard to the subdivision agreement I would like the section of the municipal code referenced in paragraph 4 and a clearer definition of the proposed improvements. Considering the minor nature of the above changes I would recommend final approval contingent upon these changes to the plat and agreement. "......" ,~ SACHS & HERSHEY JEFFREY H. SACHS MARTIN H. HERSHEY ATTORNEYS AT LAW 720 EAST HYMAN STREET -:- SUITE 303 ASPEN, COLORADO 8t611 (303) 925.6813 ASSOCIATED OFFICE: HilS LINCOLN CENTER BUILDING 1660 LINCOLN STRgET DENVER, COLORADO 80264 (S03) 892.13330 June 8, 1977 Mr. Hal Clark Aspen Planning and Zoning Commission City Hall 130 South Galena St. Aspen, Colorado 81611 Dear Hal, In accordance with your request, I have detailed below the current occupancy status of the eight units included in the Scott Building located at 400 West Hopkins Avenue, Aspen, Colorado. Unit No. Sq. Ft. Current Use 1 1,369 Employee Housing (HcClosky) 2 993 Employee Housing (Longfield) 3 206 Employee Housing (Vacant) 4 517 Medical Office . ~. 5 1,543 Medical Off~ce ~ got. 6 289 Medical Office S1'aYo 7 993 Scott Residence 8 3,209 Scott Residence 9,119 JHS/mmd ,..,'# ~. ~ .' M E M 0 RAN 0 U M TO: Aspen City Council FROM: Planning Staff (HC) RE: Scott Building Final Subdivision Plat Approval for Condominiumization DATE: June 8, 1977 \. This is a request by Dr. Russell Scott (represented by Attorney Jeffney Sachs) for final approval for the condominiumization of the existing Scott Building on Lots K through S (9 lots) in Block 38. A detailed description of the project is attached in our letter of June 8, 1976. The Planning and Zoning Commission approved the preliminary plat on May 17, 1977 with the same conditions as outlined below: 1. The applicant has submitted the attached information on the occupancy of the apartment units. Dr. Scott's home is located in the large three bedroom apartment on the third floor of the building. Approximately six persons are employed by Dr. Scott in the office portion of the building. Certain of the apartment units are restricted for use for housing with the office portion of the building; and are contained in the improvement agreement. It is clear that Dr. Scott intends and has rented the apartment units for long-term rental housing. A maximum six-month lease restriction together with a 90 day notice to existing tenants to purchase the units at market value is required. 2. The final plat and Improvement Agreement have been approved by the City Engineer. Seventeen (17) parking spaces and a common area for the benefit of the owners of the Scott Building are included on the plat. 3. The building grounds have been attractively landscaped. 4. A park dedication fee of $10,200.00 is required. 5. The Planning Office recommends approval of the Final Plat. lmk ~ .! ." ..... .'--' . "...-.. 11E~lORANDur1 rQ: Aspen City Council FROM: Planning Staff (HC) RE: Scott Building Condominiums - Conceptual Subdivision Approval DATE: June 8, 1976 This is a request for conceptual subdivision approval for the condominiumization of the Scott Building on Lots K through S (9 lots) in Block 38. The zoning for the property is R.6 and as such the building is a non-conforming use. The building con- tains the following uses: ~' ,.,.y 1. A medical office - 1450 square feet. 2. Seven (7) apartment units consisting of two (2) studios; f~ one (1) one bedroom apartment; two (2) two bedroom apart- ments; and t~ (20 three bedroom apartments. T~" The building is 11,866 square feet in size. The Planning Commission originally considered this application on October 6, 1975, and tabled the request pending additional information concerning parking requirements and the lot area to be assigned to the building. On June 2, 1976, the Planning and Zoning Commission granted approval to the request. The building is a non-conforming use and as such the R-6 density or parking requirements do not apply. The Planning Office has administratively determined that it would be appropriate to evaluate these criteria'according to the requirements, of the R/MF zone. Accordingly, the following figures re~arding minimum land area and parking spaces have been calculated: 2 studios = 1000 x 2 1 one bedroom = 1250 x 1 2 two bedroom = 2100 x 2 2 three bedroom = 3630 x 2 Office = 1:1 F.A.R. 1450 - 1450 R/r~F ZONE DENSITY REQUIRErmnS = 2,000 = 1,250 = 4,200 = 7,260 -- 1,450 + TOTAL AREA REQUIREMENT 16,160 square feet R/MF PARKING REQUIREMENTS R/MF requires one/bedroom for residential uses. Other uses are by review. 2 studi os = 1 x 2 = 2 spaces 1 one bedroom = 1 x 1 = 1 space 2 two bedroom = 2 x 2 = 4 spaces 2 three bedroom = 3 x 2 ,- 6 spaGes Office = 311000 x 1450 = 4 spaces + TOTAL PARKING SPACES REQUIRE~ = 17 spaces The Planning Office recommends that conceptual subdivision approval be granted subject to the requirement that six,(6) lots be allocated to the Scott Building leaving separate lots K, L & M for development under the R-6 zone. Also, that 17 parking spaces be provided to serve the Scott Building Condominiums. "...." ~ .~. APPLICATION FOR EXCEPTION Re: Scott Building Condominiums The undersigned hereby applies to the Aspen Planning Commission for an exception pursuant to the provisions of Section 20-19 of the Aspen, Colorado, Subdivision Regulations. On June 2, 1976, the Planning Commission granted approval to the conceptual presentation of the undersigned applicant for the condominiumization of the Scott Building on lots N through S, Block 38, City of Aspen, Colorado. On May 17, 1977, the applicant intends to submit a preliminary plat of such proposed subdivision to the Planning Commission for its approval. For various reasons, "the preliminary plat of - the proposed subdivision could not be submitted by the applicant within the six month period following approval of the conceptual presen- tation, as required by the Aspen, Colorado, Subdivision Regula- tions. However, the applicant states that the preliminary plat of the proposed subdivision is consistent with the concep- tual presentation which was previously reviewed and approved by the Planning Commission, and that no good purpose would be served by requiring the applicant to resubmit the conceptual presentation at this date and require the Planning Commission to spend additional time and effort reviewing previously ap- proved materials. The applicant therefore requests that the Planning Commission grant an exception from the foregoing six month period in which to submit the preliminary plat for ap- proval following the approval of the conceptual presentation. The applicant further submits that the granting of such exception by the Planning Commission pursuant to Section 20-19 of the Aspen, Colorado, Subdivision Regulations is appropriate because the strict application of such provisions would be unreasonable and detrimental to the property rights of the applicant and the granting of such exception would not be detrimental to the public welfare or injurious to other property in the area in which the subject property is situated. '. A This application is respectfully submitted this I~ day of May, 1977. SCOTT CO~~UNITY PROPERTY TRUST By ~ ~, ~Vc ~-ei. c:: ("k/A>o~ ] A4 M ;~~~ (j -1.?.A-' 'if-: . . D..f2e..eJL f~~...(J">-vQ_ /' (0_') 3 A.ol.eM J;iv,-'P1 fl..2,;tV..J!';c().:~ () (b) "710- Ot,,!},,11.. 6-CGv-f.5lev....c<<r (c ') aJ~ie- i~ ~ - +-M~~ ( -U,1' If .j V I ) 5Jt--0.A&, 22 J'; /,'V.(r ] !..;.. +' 10 V ~ ' Jw~).v...J..'1,.v-~e<if (2) :z Bu:tvfJtn'M 1/ S' ero f-,.,.v.r tl.. /VN>f)/f.;..t ~ . (3) J1<.IY /lPAM ~h (Lf) d~-j:i~ ~~ (b~1:-) (5) -:[ fJ\./oX )J.4/.V~d o-A~-<.v'N.t" ,/t:.<r .Jt.;/,~ir::reA:: (,) ~. YWA-'1 01~f!t) j;;-rl~ (7) ~ ce..,.,,- .~ [YU. - -pfl,&J.. .;J 1 I /I' (jri-I' 0 ~ r ~~ cYfif-ct'JrA<-L A. ~ '~v- ~..~"VN ..~.... CITY 130 so aspen, street 81611 MEHORANDUM DATE: Clayton Meyring Mick Hahoney ~".,- May 6, 1977 TO: FROM: RE: Park Dedication Pee Valuation Dr. Russell Scott Property I accept James Mollica's appraisal (copy of letter attached) per- taining to Dr. Russell Scott's property of $170,000. PSM/pm Attachment ^ ,'-'. PUBLIC NOTl CE Re: Scott Subdivision Preliminary Plat Notice is hereby given that a Public Hearing will be held on May 17, 1977 at 5:00 p.m. in the City Council Chambers, Aspen, before the A~pen Planning and Zoning Commission to consider the Preliminary Plat of the Scott Building Condominiums Subdivision located on Lots K through S (9 lots) in Block 38, Aspen Townsite. The Sub- division is a condominiumization of the existing Scott Building which consists of a medical office complex and seven apartment units. , / A copy of the preliminary plat may be examined in the office of the City/County Planner, City Hall during regular business hours. Published in the Aspen Times Thursday, May 5, 1977. /s/ Kathryn S. Hauter City Cl erk Copies of notice sent to the following adjacent property owners: Ted V. and Sylvia H. Brown 230 Bunker Hill Road Houston, Texas 77024 Mary E. Perkins P.O. Box 709 Aspen, Colo. 81611 Boomerang, Ltd. P.O. Box 253 Aspen, Colo. 81611 ,-" ,-, , James 1. Mollica ~ Associates, In~ Real Estate Appraisers and Consultants Aspen, Colorado Mason & Morse Building. 315 East Hyman Avenue, Aspen, Colorado 81611.303/925-8987 May 4, 1977 Mr. Mick Mahoney Aspen City Manager Box V Aspen, Colorado 81611 Re: Land valuation for the Dr. Russell Scott Property, City of Aspen, Lots N, 0, P, Q, R, and S of Block 38, for the purpose of park dedication fee. Dear Mick: Pursuant to the request of Mr. Jeff Sachs, Attorney, I have personally inspected the subject lots, and have gathered and analyzed applicable market data for the purpose of estimating the fair market value of the subject's property, "as if vacant" under current zoning, in order to establish a basis for the park dedication fee. Since the park dedication fee is based upon land value only, I have not inspected the interior of the office building or apartment located on this site. This valuation is further limited to the current R-6 zoning classification, and does not take into account the current use of the property as an office and apartment building. Based upon the current R-6 zoning classification, the property could be developed with three single family residences or more duplex units. I have gathered and analyzed recent sales of building sites in the Aspen area as a basis for comparison of the subject property. One of the most recent sales of similar property in Aspen's West End was from Pae~e to Erdman in August, 1975. This property contained 18,000 square feet and was since divided into three building sites for $150,000. This sale is identical to the subject in size, and its location is very similar. A more recent transaction took place October, 1976, for City of Aspen, Lots A, B, C, D, E, and F of Block 18, for a total price of $185,000. This sale was further divided into three building sites with a small Victorian residence already existing on Lots A and B. This location is considered slightly inferior to the subject's. ~-,._'-, i 'a Ni \ (II) James J. Mollica, R.M. ~:' __.' _' Appraiser-Consultant ~ ,~ '. The most recent transaction of six lots, that your appraiser has knowledge of, is located across from the Shaw triangle on Lake Avenue. These six lots are under contract for $170,000 from the Shaw Estate to Starodoj. These lots are extremely desirable, as they are located in Aspen's most prestigious area. Contained in my files are numerous other sales of building sites in Aspen's West End residential area, which I have used as a basis for my opinion. Therefore, it is my opinion that the fair market value of the subject land, "as if vacant", as of May 3, 1977 is: $17.0,000. This valuation was offered in a letter form at the request of the client; however, I have the necessary information in my files to complete a formal narrative appraisal with supporting market data and exhibits if necessary. If I can be of further assistance in this matter, please do not hesitate to call. Thank you for this opportunity to be of service. Sincerely, ~.~~' J . Mollica, R.M. ea state Appraiser JJM:bb Attached: Appraiser qualifications James 1 Mollica t ASSll~ate& Inc. Real Estate Appraisers and Consultants """ r-.. . James J. MoJlica t AssocIates, In~ Real Estate Appraisers and Consultants Aspen, Colorado Mason &Morse Building. 315 East Hyman Avenue, Aspen, Colorado 81611.303/925-8987 QUALIFICATIONS OF APPRAISER James J. Mollica Residential Member (R.M.) Designation of the American Institute of Real Estate Appraisers, 1976 Licensed Real Estate Broker in the State of Colorado Member of Aspen Board of Realtors Member of National Association of the Board of Realtors Instructor University of Colorado Continuing Education Division EDUCATION Business and Advertising, BSJ, Ohio University Real Estate Law, Ohio University . Course I-A, American Institute of Real Estate Appraisers Course 9, American Institute of Real Estate Appraisers Course 201, Society of Real Estate Appraisers Course 2, American Institute of Real Estate Appraisers BACKGROU~~ k~D EXPERIENCE . Incorporated James J. Mollica & Associates, Inc., February 1977 Independent Fee Appraiser and Real Estate Broker, associated with Mason & Morse, January 1974 to present. Appraiser Intern - Associated Consultants and Appraisers, Inc., June 1972 through November 1973. Construction, Deffett Companies, Ohio (during college) MAJOR CLIENTS SERVED Aspen Highlands Ski Corp. Aspen Industrial Bank Aspen Savings and Loan Association Bank of Aspen Bank of Snowmass City of Aspen County of Pitkin First National Bank of Aspen First Western Mortgage Corp. Holland & Hart, Attorneys Majestic Savings and Loan Oates, Austin, McGrath, Attorneys TYPES OF PROPERTY APPRAISED Commercial Condominiums Lodges Ranches Residential Vacant Land PURPOSES OF APPRAISALS Acquisition Condemnation Estate Planni!lg Exchange Insurance Liquidation Mortgage Partition Sales Tax Planning /II'.'~ '" \\' . \".,. / James J, Mollica, R.M. ,"~~;;i. i' Appraiser-Consultant ,I""'. i""" " ~,~~ ROBERT p, GRUETER ATTORNEY AT LAW FIRST NATIONAL.. BANK BUILDING P. O. BOX 4226 ASF=>l:O;N. COLORADO 61611 May 2, 1977 Mr. Hal Clark City Planning Department City Hall Aspen, Colorado RE: Scott Subdivision Dear Hal: This letter is notice that the firm of Hershey & Sachs has been employed by Dr. Scott as co-counsel with this office in the above-referenced matter. Please direct all inquiries to Jeff Sachs at the following add'ress: HERSHEY & SACHS 720 East Hyman Suite 303 Aspen, Colorado 81611 925-6813 Thank you for your assistance in this matter. Very truly yours, LAW OFFICE OF ROBERT P. GRUETER By:' <:JrjU~" _1(. ~ ~':f~nnor ' Attorney at Law SRC:kkm CC: Dr. Russell Scott Mr. Mark Longfield Mr. Jeff Sachs TEI..EF>HONE 9215-4544 AREA COCE 303 ---- r- ,~, M E M 0 RAN DUM TO: Dave Ellis FROM: Planning Staff (HC) RE: Scott Building Condominiums - Preliminary Subdivision Plat DATE: April 21, 1977 ~ // / Attached for your review are two copies of the Preliminary Plat of the Scott Building Condominium Subdivision and an "old" title commitment. which is in process of being updated by Mr. Robert Grueter. He would like to schedule this long-delayed project as soon as possible before the Planning and Zoning Commission - hopefully, ~lay 17, 1977. Thanks. lmk ene. '. .;...J ( ~' , ". ;.. ~,t" ~. . ~ .i">' ~ ,,-, /:- MEMORANDUM TQ: Aspen City Council FROM: Planning Staff (HC) RE: Scott Building Condominiums - Conceptual Subdivision Approval DATE: June 8, 1976 This is a request for conceptual subdivision approval for the condominiumization of the Scott Building on Lots K through S (9 lots) in Block 38. The zoning for the property is R-6 and as such the building is a non-conforming use. The building con- tains the following uses: 1. A medical office - 1450 square feet. 2. Seven (7) apartment units consisting of two (2) studios; one (1) one bedroom apartment; two (2) two bedroom apart- ments; and ~ (~ three bedroom apartments. 'Two The building is 11,866 square feet in size. The Planning Commission originally considered this application on October 6, 1975, and tabled the request pending additional information concerning parking requirements and the lot area to be assigned to the building. On June 2, 1976, the Planning and Zoning Commission granted approval to the request. The building is a non-conforming use and as such the R-6 density or parking requirements do not apply. The Planning Office has administratively determined that it would be appropriate to evaluate these criteria according to the requirements of the R!MF zone. Accordingly, the following figures regarding minimum land area and parking spaces have been calculated: 2 studios = 1000 x 2 1 one bedroom = 1250 x 1 2 two bedroom = 2100 x 2 2 three bedroom = 3630 x 2 Office = 1:1 F.A.R. 1450 1450 R/MF ZONE DENSITY REQUIREMENTS = 2,000 = 1 ,250 = 4,200 = 7,260 -- 1,450 + TOTAL AREA REQUIREMENT 16,160 square feet R/MF PARKING REQUIREMENTS R/MF requires one/bedroom for residential uses. Other uses are by review. 2 studios = 1 x 2 = 2 spaces 1 one bedroom = 1 x 1 = 1 space 2 two bedroom = 2 x 2 = 4 spaces 2 three bedroom = 3 x 2 ,- 6 spaces Office = 3/1000 x 1450 = 4 spaces + TOTAL PARKING SPACES REQUIRED = 17 spaces The Planning Office recommends that conceptual subdivision approval be granted subject to the requirement that six (6) lots be allocated to the Scott Building leaving separate lots K, L & M for development under the R_6 zone. Also, that 17 parking spaces be provided to serve the Scott Building Condominiums. MEMO TO: FROM: DA_TE: RE: ,-., ~ HAL CLARK PLANNING DEPT. DAVE ELLIS. (i)L CITY ENGINEER \!,t;;-z..... May 25, 1976 SCOTT BUILDING - CONCEPTUAL SUBDIVISION REVIEW The engineering department recommends approval of the conceptual plat on June 1; The only comment we have is that the acreage shown on the plat is for only 3 lots (O.275ac.) instead of the total 9 lots(O:6l98acL . -.- ~ ~ .^' MEMORANDUM TO: Dave Ell i s FROM: Planning Staff (HC) RE: Scott Condominiums - Conceptual Subdivision DATE: May 24, 1976 This is the long delayed conceptual subdivison application for the Scott Building. The memo of the Planning Office dated March 31, 1976 depicts our analysis of the density requirements for this non-con- formi ng use. We would like to schedule this for June 1, 1976 before the Planning and Zoning Commission. Is this too rushed for you? 1 ~ r, ^ " CITY OF ASPEN: .. . ' , "I aspen ,colorado 8161" box v , J ,',' ," ::",,:J ..:..j " ~ MEMORANDUM DATE: TO: FROM: RE: September 30, 1975 Hal Clark G),.... , Dave Ellis ~ Conceptual Subdivision Reviews for Oct, 7 I. Park Central Office BUilding The Engineering Dept. has no objections with this project. The tabulated data indicates 34 parking spaces required while the sketch plan indicates 44 spaces; the latter is correct. II. Columbine Condominiums The only comment on this sketch plan is that they have shown the zoning west of S....Spl;'ing St. as being NC instead of C-l. ~III. Scott Building This is an existing building which originally was built as a medical office and four apart- ments. The building permit plans include a sheet show- ing a future conversion from medical office to apartments on the first floor. However; since the apartments were not built, I'm not sure whether the alternate scheme was checked for density. Under the alternate scheme there would have been 5 units with 15 bedrooms; the current proposal is for 8 units with 16 bedrooms. I feel the density matter should be considered as a planning review. Should the 16 bedroom proposal be acceptable, 'then the project'would need an add- itional 8 spaces assuming the garage remains. ."""" ^ ..-._--.~ . scarr BUILDnlG Apartment B 'Apar1:nlent C Apartment D 1\Partrnent G Scott Agnes & Russell Scott Apartment H Dr. & Mrs. Roger M:.tnro Krystina DeLarosa Mr. & Mrs. A. Mazhari John Van Ness Mark Longfield 2r:d Floor Office -,- ,- o:Lr~ LEASE AGREEMENT ~ Lease Agreement, made and entered into this .) 3 ~ . day of :f72... , 19 _2b" by and between Russell Scott, Jr., P.O. Box 4257, Aspen, ColoradO 810ll (hereinafter referred to as. "landlord") and ~I'IN U;AJ 1l1s.s " (hereinafter referred to as "Tenant"). - WITNESSETH, that in consideration of the mutual covenants. and agreements as hereinafter set forth, the parties hereto agree as follows: , . 1. Lease Grant Term and Rental. landlord hereby leases to Tenant Apartment Unit No. "2 ,133 s. Third Street, located on the Southeast portion of Lots K, L, M, N, 0;' P, Q, R and S, Block 38, City and Townsite of Aspen, County of Pitkin, State of Colorado, to be used as a private dwelling and not otherwi.s~, for a term corrmencingat twelve o'clock noon on the /.:;;;t; day of ~E/n<!3~ , 19 'Jsl/and 'ending at twelve o'clock noon on the /91' day of /lI/7/Z:/YlA.!:/2.-- , 19~, unless sooner terminated as hereinafter prOVided. It is mutually understood that the leased premises are unfurnished except for ldtchEm appliances, carpets and drapes.'it Tenant agrees to pay landlord as rent for said premises for the full term described above the sum of $ 3b.t7tJ ,which sum shall be payable in equal monthly instalJments of $ ~ri each irl advance on the first pay of each calendar _ month during the term hereof, the first and last month's instalJments to be paid on the signing of this lease. In addition, Tenant agrees to pay to landlord a cleaning, damage and rent security deposit in the amount of $ /~7l on the signing of this lease. All such payments shall be made directly to landlord at the above address. 2. Utilities and Maintenance. landlord agrees to be responsible for and to pay when due all electricity, cable T.V., water, sewer and trash removal and other utilities attributable to the leased premises. Tenant agrees to pay tele- phone charges and to maintain the leased premises and the gr'ounds surrounding same in good and attractive condition, and to make all necessarY repairs to the leased premises and the fixtures and :in'provements thereon, including plumbing, wiring and glass, at Tenant's expense, and at the termination of this lease to surrender and deliver up said premises in as good order and condition as when the same were entered upon, loss by fire or ordinary wear excepted. Tenant further agrees not to use said premises for any pu.~ose contrary to applicable law, .. ordinance or regulation, and 'to permit no pets and to prevent any disorderly conduct, noise or nuisance whatsoever in or about the leased premises. Tenant further agrees not tq make any nail holes or attachments to the walls or other parts of the premises without prior written consent of the Landlord. Landlord shall have the right to enter upon the leased premises at any reasonable t:lme or t1mes to inspect the same and to make repairs. 3. Improvements. Tenant agrees to make or suffer no alteration or :lmprovement to the leased premises w~thout the prior written consent of Landlord, and further agrees that any alterations or :in'provements ll1Me by Tenant after said consent shall have been given which are so attached to the premises that they cannot be remoVed without material injury thereto shall become the property of Landlord upon the termination of this lease. 4. Liability. Tenant agrees to assume all liability for, and to indemnify defend, save and hold harmless Landlord fr~ ~ liability or expense arising from injury to person or property in or about the leasedprem1ses. - * /)/>1: t1-tSe> 2 B~ . jllUOWS . B Ctu<~H /J",u.av.s tJiAeJG .$rAN~/iv1 A ,HrM-y 13M(!/(. trol4THEA! P;lhl-I-€ : e putt II- 1YlJ4/l(JU: ~I duk., ' 2 ~AID 7A~,t..~.. z" H vtm"'.s 'I t! HA-I/t..,5 I /?aQv,l)/1/I/JIN6- 7A.6t.e t/J()O/J 1=;t2/M1~1) /11,Mp;t. i1 p/l. j:J"IJ/A/T/AJ6S P"t'An"U1 2/8U:Seue. ;JNP ;I~Al6""~ mlM#1f!,. I /Jt)IUSu. 8/'# /lJetl<.t;E~ : , 1/.s:H~1'TS , if t.e. . J l!tLI1I11Kt7" -1- , "/ .s,P.eUfJ.t/ ,/)7IJ~. wll E,IlI,I) rA~'/' t: . 6 rtJ/AJFtS . ' S/'M/I/.o 7Z?w&.ts /JJltI.(/l1H/,I) U/mP ,l)/5H,fs I:::P"e'; (n~.l'~ 1?A!"''''''1.. ' tncP Jdtrt',e-~r .' /AJAS7'~ 8AS~Fr -r;r H KErr ~ ! "'172;:1 Y 2 P.t.l9c,!" p"'~T.s / tP~I9""'E,e ,i";_llJ:".iU lIr~AJ.C~L.";: itt ..... .....~~J,.. ;~~j.11t. /0-..23 -7.;.- ;d. %7./,;./4d""'1s;[M/ -h/,J:"tl./!V ~.e ~ .~ ~.t.>,.s 6/Vt"N. /....2,3.;/J c ..:fl .'L/,,,,.,_,_,_,_.,,,_'c~.__,._.._..J:.._,-~..._.._.J_:<_-"_.'i_---".A , 1t'7 .;./) ,...., ^ . , 5.' Peaceful Enjoyment. So long as Ter.ant is not in default under a.'1Y of the terrns 'of this lease:J LandloZ'c. cOVerz.ts to proteot Te..y...ar6t' s right 0: peaceful enjoyment of the leased preulises~ 6. Darrage to Leased ?.:'e:nises. If the leased prerrlises are da.'11aged by a casualty, such as a fire, wl".ich is not caused by the fault or negligehce of Tenat or ~uputable to Tenar.t~ so as to be unfit for the use for which leased, the rent required to be paid hereunder, or a proportional pai't the.~eot. according to the nature and extent of da..age, sl".all be abated until tl",e prerrlises have been repaired and restored by Lar.dlord. If the repairs are r.ot completed within 60 days from the date Lar.dlord is notified by Tenant of the darrage, and the leased premises are unfit for occupancy at the end of such period, either Landlord or Tel".a,l1t shall have the right to cancel this lease a."lo. end the term hoilreof.' L"l suoh oilvent "~he es'~ate hereby Ore..tea sl'.cJ.l "terminate, rent shall be pa:l.o. to the o.ate the leased pre;nises beoa.'11e Ul"'.:fit for occupancy, and therea...."'ter all other obligations he:::eu."ldoilr shall ooilase. If the leased premises are damaged by a oasualty, such as a fire, wl:'.ioh is caused by the fault or negligence of Tenant or imputable to Tena."lt, the repairs and restoration shall be promptly accomplished by Tenant at Ter.ark I s expense to restore the leased pre."llises to '~heir former condition. 7. Premises Left Vaca.'1t. It is fu.""ther mutUally agroeed tl'.at in case the leased prerr~ses are left vacant without proper notice of terrrJnat10n having been given and any ];la..""t of the rent here:l.n l:'eserved be unpaid, then Landlord, without a.'1YW1se beir.g obligateo. to do so and without terrr.inat1."lg 'this lease, rr;;y l:'etake possession of said premises and rent the salT.e fo,;;;, such ,;;;,ent and upon such conditions <l,S La.'1dlord rr;;y think best, makL"1g such cha.....ges a:1d repairs, and Tenant shall be 'liable tor tl1e balance of the ,;;;,en'" ool:'ein l:'eserved until the expiration of the term of this lease. 8. Default. It is fu..""ther ':mutually understood and agreed tl".at in the event Tenant is 1."l default in the payment of the rent herein l:'eserved or in the performance of any of the covena.'1ts or agreements herein contained follo~~.g the delivery of three (3) days notice of s~oh defa~lt by Landlord to Ter.ant, Tenant I s l:'ight to possession of 'che leased pre:nises shall' au'co- lTatically terminate a.'1d Ter.ant shall peacefully sut'render the leased premises to Landlord, and Lar.dlord rray, upon or at any time after a.'1Y such '"errr.:i.r.atior., without further notice, reenter the leased pre.'11ises and repossess it by force. summa..""y proceed:lngs, ejectment, or otherwise, a.'1d rr;;y disposess Te:-.ant a.'1d remove Tenant and all other persons a.'1d property from the leased pre...ises. . At any t:une after such term.i.'1a.tion, Landlord may relet the leased pre:r.ises or a.'1Y part thereof, as Landlo::'d, in its discretion, may detel:'l'ni.ne, and rr;;y oollect andreoeive the rents the:::'efo:::,. La.'1dlo:::'d shall in no wo:y be respo;'lsible fol:' or liable for any failure to relet the leased pre."llises or any pa..""t thereot. or fOl:' any failure to collect ar,y rent' due upon suc;. J:;elettir.g. J No suoh termi"lation shall relieve Ten~~t .of his liability a.'1d obligations under this lease, and such liability and obligations shall survive any such term.i.'1ation. In the event. ot: a:t',y such terrr.:i.r.ation, wnethel:' or not the leased prerrlises or any part thereof shall have been relet, Tenant shall pay to Landlord the rent required to be paid by Tenant up to the t:l:.le of such terminatior., ar.d . thereafter Tenant, until the end of what would have been the term of this Lease 1.'1 the absence of such terrr.i.~.ation, s:'1all be liable to Landlord-:,for, and shall pay to Landlord, as and fol:' liquidated and agreed dalnages for Tenant I s default: (a) the equivalent of the arr.oun'" of rent Vll'.1ch would be po:yable under this lease by Tenant if this lease were still in full force a:t'.d effect, 'less (b) the net proceeds of ~'1Y relett1."1g effected pursua:t'.t to the above provisions after deduct:lng all of Landlord I s expenses in connection with such relett1."1g, 1."lcluding but not lilnited to aU repossess:l,on oosts, bl:'okerage corrm:i.ssions, legal expenses, attomeys I fees. a1tel:'Cj.t:1.ons costs and expenses of preparation for such relett1.'1g. 9.' Assign"ent or Subletting. This lease sl".all not be assignable nor shall the leased premises or a.'1Y interest therein be subleased by Tena.'1t . without the p~ior written consent of Landlord. L"'1 additionl Tenar.t agcees to obtain Landlord IS pl:'ior w-"itten approval with respect to ar;y other persons (other too.;''; ':::'er.ant I ~ ir.;r.ed:l.a.te fa.'ilily) Who W'..ll sta:y 1..... the leased -pre.'11ises to': more t~...... seVen (1) C;:Js din':L"'.s; the te:::-.'il of this lease. ""'" .~ -' ~ ,..;- . 10 ~ Landlord's Lien. Tne parties hereto understatld arldag,7'ee that; in order to secure payrr;ent of all SUl'TIS at aYJy tke becoming due to Landlord hereunder and to secure the proper perfom.ance and' fUJ.:'ilLi1er..t by Ten&'1'c of Tenant's agceeme~ts hereu.~der:J Landlord has a f1rst lien ~pon and Te~1ant hereby gives a' security i."lterest, to Lal:dlord in all of the perso..al prope~"""y and fixtures which Tenant sr.all place or pe~";';lit to be placed ,upon or abo"',, the leased pr~~ses. 11. Landlord's Agent. Tne parties hereto acknowledge that a designa'Ged i.'1dividual Tray be acting as Landlord 1 s agent in connection with tr.is Lease Agreemer:.t and the subj ect leased premises, a'1d that said. agent sr.all have all the rights of Landlord tl.'1der this Agre~'1ler:.t. Tena'1t hereby agrees to carefully i.'1spect the leased' premises i.-;J;T.ediately upon tald..'1g possession o~ same. a'1d to notify Landlord or sa.:l.d agent of aYJy i."'regularities w-lthin 24 hours a:.."'"e~" such pOssessior, begins. Tenant further agrees that at least two (2) days ' :' prior to Tenant's vacation of the leased premises under the terriS hereof. Tenant will contact Landlord or said agent for a'1 appointment to i.'1spec'" '"he leased pr~~ses for clea~.liness and/or da;nages caused by Tenant. "I 12. Holding wer. If Tenant shall, wi'"h the knowledge and consent of' la.'1dlord, continue to occupy the leased premises after the expiration OI~ '"he terr.. of this lease or a:ny rene~lal or extension hereof, Tenant shall beco;;:e for such period a tenan;; from month to rr.on;;r, at a rr.ontr.ly rental, payable- 1;'l adva'1ce, equivalent to the last month's rent he~"eunder, ar.d subjec'" to all the terms and provisions of this lease. 13. Binding Effect. Tnis Agreerr.ff,.'lt shall exten6, to and be bin6.ing upon the par'c,ies hereto ar.d their 'r~spective ,heirs, ,persoXlSl representatives, successors and assigns. 14 '. Severability. If aYJy prOVision oz~ ;;his lease should be held invalid or tl.'1enforceable, the remair.ing provisior.s sr.all nevertheless re;~ unaffected and continue in :full force an<;- effect as valid a'1d, e.;'4forc~able. ' nweto :l,s :"l.e:ceby lllade a ~" ot l5. AddendUm. 'I't.e a,dde:.'ldum a.ttacl".ed this leas~ agl:'ee..r.ent. ' ;0, , , , I': I, ,LANDLOED; I.' , 'IENA..\~' ' '. ',/ 'J /7 , I / /' .. \/tJ-!:Cd'( I ,,' I? ~~". ,)1&0' , , r i." " , , RUSSELr.:. S<::O' ,JR,'.. By J. Mark LO,ngfleld, . '. AHorn~y:in;Fact "'.::.' " /" ,.,:,.:. ',-, '..' . , ", ", '.. " " -.:'" " .... , '.' ., .' , ,,'I' i" ,-:;q ,';' .,", , ' " '"". ,.1 .' ~ .' "',' " :: '. ,.j, . , .' .,."~, >..'!\.: \ ", " ~'<:, . ~ I ~'!, " .-' ,'.-". " . t,< ",' :' ',I' ,',,::; , , . , . ., . . ,. '.~ I. .... " " :.,,' ",' , "", " , .'} 'j " ;,....\ ,....." 130 so aspen, SPEN street 81611 MEMORANDUM October 8, 1975 To: Aspen-pitkin County Planning Office ~ Ted Armstrong, Parks & Recreation Dept.~ "- Subdivision Plans, Scott Building, Columbine Condo, & Park Central From: Re: I have reviewed the three plans and fing nothing wrong. I do reserve the right that any changes regarding trees or vegetation must go through the tree ordinance, and any alteration or tree removal must have my approval. ~ r\ CIT PEN box v MEMORANDUM TO: Aspen Planning Commission FROM: Planning Staff (HC) RE: Scott Building Condominiumization - Conceptual Approval DATE: October 2, 1975 This is a request for conceptual subdivision appoval for the condominium- ization of the Scott Building located on Lots P, Q, R, and S in Block 38. The building is a medical office building which also contains eight (8) department units. The zoning for the property is R-6 and as such the building is a non-conforming use. The Planning Office is having difficulty correlating the present building layout with that of the original building permit plans. We feel that insufficient parking exists for this building, but at this time cannot calculate the needed spaces due to the above stated discrepancy (see Dave Ellis's memo). The applicant owns adjacent undeveloped property which can easily provide the needed parking spaces. We feel this building should be required to conform to current parking requirements as a condition of subdivision. Upon satisfaction of these considerations, the Planning Office recommends conceptual approval. rQIJtr-rJ p~ 2- Oe-r '1 If'S" }7, AJtI.ee pv,ct:1- 1',*",,1(/_ L~,.. "./1 t'A i"rJ IJUI'. /fc <0;,',... ."', ~ .- LEASE AGREEMEl',iT This Lease Agreement, made al1d entered into this 30th day of September , 19-15 by and between Russell Scott, Jr., P. O. Box 4257, Aspen, Colorado 81611 (hereinafter referred to as "Lal1dlord") and AMIR MOHAMMAD HOSSEIN MAZHARI & FOROUZANDEH MAZHARI (hereinafter referred to as "Tenant"). WITNESSEI'H, that in consideration of the mutual covenants and agreements as hereinafter set forth, the parties hereto agree as follows: 1. Lease Grant, Term and Rental. Landlord hereby leases to Tena."1t Apartment Unit No. D , 133 S. Third Street, located on the Southeast portion of Lots K, L, M, N, 0;- P, Q, Rand S, Block 38, City and Townsite of Aspen, County of Pitkin, State of Colorado, to be used as a private dwelling and not otherwise, for a term commenc1.."1g at twelve 0' clock noon on the 1 s t day of ~lay , 19-15., and ending at twelve o'clock noon on the 1 st day of MAY , 19--L6., unless sooner terminated as hereinafter provided. It is lllUtually understood tnat the leased premises are unfu...""'l1ished except for kitchen appliances, carpets and drapes. Tenar,t agrees to pay Landlord as rent for said premises for the full term described above the sum of $ 4200. 00 ., which sum shall be payable in equal montrJ.y installments of $ 350. 00 each iri advance on the first day of each calendar month during the term hereof, the first a."1d last month's installments to be paid on the signing of this lease. In addition, Tenant agr>ees to pay to Landlord a cleaning, cla'llage and rent security deposit 1.."1 the amount of $ 100.00 on the signing of this lease. All such payments shall be made directly to Landlord at the above address. * 2. Utilities and Maintenance. Landlord agr>ees to be responsible fo:' ar,d to pay when due all electricity, cable T.V., water, sewer and trash removal a."1Q other utilities attributable to the leased premises. Tenant agr>ees to pay tele- phone Charges and to .maintain the leased premises a."1d the gr>ounds surrounding saIne in good a."1d attractive condition, and to ll'.ake all necessary repairs to the leased premises and the fixtures and :iIqprovements thereon, including plumbing, wiring and glass, at Tenant's expense, and at the termination of this lease to su..."Tender and deliver up said premises in as good order and condition as when the sa.'1le were entered upon, loss by fire or ordinary wear excepted. Tenant further agrees not to use said premises for any purpose contrary to applicable law, ord1.."1ance or regulation, and to permit no pets and to prevent ar;y disorderly conduct, noise or nuisance whatsoever in or about the leased premises. Tenant further agrees not to make ar;y nail holes or attachments to the walls or other parts of the premises without prior written consent of the Landlord. Landlord shall have the right to enter upon the leased premises at any reasonable time or times to inspect the same and to make repairs. 3. Improvements. Tenant agrees to make or .suffer no alteration or :iIqprovement to the leased pre'1l1ses without the prior written consent of Lar.dlord, and further agrees that any alterations or improvements made by Tenant after said consent shall have been given which are so attached to the premises that they can."1Ot be removed without material injury thereto shall become the property of Landlord upon the termination of this lease. 4. Liability. Tenant agrees to assume all liability for, and to indemnify defend, save and hold harmless Landlord from any liability or expense arisir.g from injury to person or property in or about the leased premises. * The Tenants have, under the terms of the April 15, 1974 lease, given the Landlord the $100.00 damage deposit. By mutual agreement, this amount will be applied to the damage deposit required by this lease. -1- The Tenants have, under the terms of the December 1, 1974 lease, given the Landlord the last month's rent. By virtue of this lease the last months rent, whioh we are holding, will be applied to this lease. / ~ .- ,. Peace~l Enjoyment. So long as Te:---..snt is not :L""l defa~t u::.c.e~"" a::;y of the ten-ns of tr..is lease, ~dlorc. cove...ants to protect Tenant's rig.1.t of peacef\4l erJ oy;uent of the leased pra'7~ses ~ 6. Dai'Bp:;e to Leased ?-.l."'e:m.ses. If tte leased pre;:.ises are da"'i1aged by a. casilalty ~ such as a .fire~ vll'"'..ichis not cai.lsed by the fault or negligence o~ Tenat or :Lilputable to Tenant> so as to be t.L.vlfit foY' the use for w:"'~ch leased, the rent required to be paid here-ur1der, or a proportional Part thereof> accordir~ to the na~'\L"e a..v;.d extent of da-r.age, sl"'..a.ll be abated w!til the pl"emises~have been rep:r'::"i">ed and restored by La::dlord. If the repairs are r~ot co......,.....,j i':)"-er1 1.1'..;+-_.......;....... 60 Q'ays "~o...-r, +-.....':) a~~+:e i' ".""'a" or~ -is no......;';-O..; eo." 'oy "'e.......-::.."'.- o~~ '-'''e 1l1~..I..""'V v. r~.......~........~ ...... ..... v....1;::: o.v ~~..I.. v...I.. .., v.......... ..I., ...oo.o."'v ... \.I...... d~~ge> and the leased pre~~ses are unfit for occupancy at the end of suc~ period, either La."1dlord or Tenant sr..a.ll :"1ave the rig..~t to car:.cel this lease &'1d end the tem hereof. In such event the estate hereby created. shall t;;emJr.ate, rent sr..all be paid to the date the leased preUlises bec2u"ne vr...fit for occupa."'1cY:J a."1d thereafter all other obligations hez-eunder shall cease. If the leased pre'1l1ses are dall'aged by a cas~ty, such as a fire, wr~ch is caused by the fault O~ negligence 0:''' Ter..an.t or imputable to Te;('~a...."1t, t::.e rep;.-j"('s a..v;.d restoratio~ s1"'al1 be pror:ptly accomplished by TenMt at Ter..ant's expense to restore the leased pra~dses to the~ former condition. 7. Prernises Left Vacant. It is 11..L.-ther Inutually ~eed tr..a.t :ix. case the leased prerr~ses are 'left vacant without proper notice of termination havir~g been given ar",d &"1Y part of the rent here:L"1 reserved be urlpaid, '/c:-..e~".. Lar~G.lord, without anywise beir'~ obligated 'co do so and without terminatir'.g this leaseJrray retake possession of said premises and rent the sa~e fo~.such . rent and upon such cor..ditions ~s La."ldlord r:',ay think best;;) rna..kir~ such cha.""".ges a..."'1d repairs, and Tena.~t sl".a.ll be liable for the bala.."1ce of t:'1e :.?en~v he..e1..'1 ..ese!'Ved until the expiration of the tem of this lease. , . . '. ~ 8. Default. It is fu...~her '':,ffiUtually understood a.'1d a.greedt~tih the"; event TerJ.ant is 1."1 default i.Yl the payment of the rent hereu4. reserved , "or in ' the perforrr.ance of ar;y of the covenan.tsor ag:'eet"ient~ here:L."1 contai.'1ed; ," follow:L'1g the deliveI"J of tr.ree (3) days notice of s~ch default by Lar;.dIQl"'G. " to Ten~tJ Tenantls ~i&~t to possession of the leased prerrdses shall'?uto- ~tically termir~te a..'1d Tenant shall peacefully surrender the leasec. p~e~.ises" to Landlord> a..."1d La."1dlord may, upon or at a..'1.y t:i1ne after ar~ such tent'4f...atx~~0i:".,:' w~:::~ut further" notice~ r:en::r t~e ;:-:ase~ pre"llises and< repossess.:t ]3:>;\..f .~rce:i ' ,\< s.......""-'-'7 proceedlr.gs, eJecvll'.e..v, o. ovnerw::.se, and ll'ay disposess Te.lanv~a ! reOlove Tenant and all other persons and property from the leased pre;;j,ses.'" At ar~ t:Lj.e after such terr:d.r..ation, La.n.dlord ITa;)' relet the leasedprerr.isep .~c" or arry pa...vot thereof.. as r..a..'1.dlorc.., in its discretio~'1;) ~ deter;;'d.ne, ai~ rr,ay. . ," collectaYld receive the rents therefor. La.."1dlord 51".al1 in no way ,pe r!9sp0~1.s~Ql~' for or' liable for a.'lY failure to relet the leased pre'l'.ises 0.. ar;y pa..""t the:07,Of, or tor any failure to collect a.'1Y rent due upon such reletting. . f " , '~ _c,<- . ,> No such term:L'lation shall relieve Tena.'1t of his liability and obligatior:.s under this lease, and such liability a.'1d obligations shall Su.~ve ar;y such tern-il.nation. In the event ot ar.y such ter::-..ir...a.tion> whether or not the leased premises or any part thereof shall have been relet:J Tena."1t shall pay to La..~dlor'd the rent required to be paid by Ter.ant up to the time of such terminatioD>' a..""lC thereafter Tena."1t:J until the end of what wo'.lld have been the tam of tr.c.s Lease in the absence of such term:L'1ation, shall be liable to Lar,dlord for, and shall pa:y to Landlo..d, as a.'1d for liquidated and agr>eed da..ages for ':'ena;-:t' s default: (a) the equivalent of the araount of rent "lhich wou.ld be payable under t1"..is lease by Tena."1.t if tl1is lease were still :1..""'.. full force a..'1d' effect, less (b) the net proceeds of a.'lY relettir.g effected pursuant to the above provisions after deducting all of Landlo:."'d's expenses 1.."'1 c0l'1x1ection 'With sl:..c:"l ..elettir.g, i.'1cludi..'1g but not li..'nited to all repossession costs, brokerage comr..issions> legal expenses, attorneys' fees> altera.tions costs and eA'"Penses of preparation for suoh reletting. 9. Assig;rllT.ent or SublettL."1g. This lease shall not be assignable nor srall the leased pre~~ses O~ ars ~v;.terest therein be subleased by Tenar~ withol.4t the prior written consent of landlord. L"'1 addition" Tena.nt agrees to obtain La..'1.dlord 1 s prior written approval With respect to any other perso:'.s (other tr..at. Ter-.a."1t I $ i.'";;;'.ediate fa'7C.lY) w':...o \\1.:'1 stay ~. tr...e leased p::er;'~zt:~ ..0.... .....,..........-:;. ............... s"'ve~("'\ ~::::"s c;-.~......o\."..,Cf' 't-."".-::. 'too....,..... 0-:-'" +-.\...~... le~c::'.e . . 'IN.'" 101.___ W .. .1' -." . -"'-'6Q ..__ .......... . ...~ 1iiMo'. -',#'-,' ~..",,---,. """" ~ 10. L3.r~dlordTs Lierl. Tne pa..."""'ties :'";.e~eto u.nc.e::'st~d and PJ2,"':"'ee that ~~ order to secure pay;nent of all Burns at, a."1y tir."e becozr.ing due to La.:-:.dlorc. her>>e~derar~d ~o seClXe t~e p:'oper perfo::y;.a..~ce a."1G. tUlfil.L"";1er~t by 1'e:,z.~t; 0:-' Ten&'1t 's ag,Tee."nents here~"'lder ,Landlord r.as a first lien ~pon a:-:d Te:'1al:J~ tereby gives a security ~~te~es~ to Landlord ~~ allot the pe~so~~ p~ope:~~y and fixtures wl"..ich Ter-.al''lt si'.all place' or pe~J.t to be placed :,-"pen O~ abo\..i.Jv the leased pra~~ses. 11. Landlord r s Age~t. 'J3.-;.e pa..rties he~eto acknowledge that a desi[gj.&ted i.."ldi vidual may be acti..-;.g as I....a.ndlord' s agent 1."1 connectiO:"1 with t:-...is Lease A~ee~e~t and the subject leased premises) ~~d that said agent sr411 have a:: the rights of landlord ll..""lder this Ag;C'eement. Tenant hereby ~ees to c~"'e.f\.w.ly i..'1spect the leased' pre..7Uses :L"':r:Tediately upon ~aki..~ possession of s&'7J.e., a..v;.d to notify Landlord or said age7lt of ar.y i:.~egu1arities Witr~ 24 hours &:..r.v~e:.."t s~ch possession beg~~s. Tena~t i\4~her agrees trat at least two (2) days . prior to Ter~~rs vacation ot the leased pre~~ses ~~der the te~~~ereof> Terz:t Will contact I...andlord or said agent :'01'" a""l appointment to i.""lspect tha leased premises for clea......J.:L."'less and/or darnages caused by Te~~t. 12. }!olding Over. If Tena..'1.t shall., with the knowledge ar'lG. consent of ~dlord, contin~e to occupy t~e leased p~e~~ses after the exp~"tatio~ of ~he ter:,1 0;: this lease or any renewal or extension hereof, Ter~t shall beco;;.e for s-..;.ch period a ter4n~ :':0::' ;;'lOnth to rr.onth at a rr.onthly ren"cal, payable ir'. advance, equivalent to the last month's rent r.ereil."1der.) ~d subjecol~ to all .I~he te~.s ar..d provisio~s of 'tr.is lease. 13. Binding Effect. Tni,sAg.....aerr.ent sr.all extend to and be binciir'~ Upo~'l the pa.......'t,ies hereto and the~'r~spective 'heirs" ,personal :represer-~tatives, su~cessoro ar.d assi~s. :4 ~ Severability. If a..'1.Y pr--ovision at tr..:is lease sho....ud be held invalid or Uo.""ler.d'orceable, the rerr.ai:'.1r..g provisions sr.all nevertheless re.'T..Cli'''l 'W'laffecol~e6. ar.c. con~~ue ~ full torce ar4 effect as valid ar.d enforceable. 15. Adde~d~'n. ~.e ~a;.~~,,'a.ttac:t'.ec. r.oe~e;o i;s her'eby ~e a Z?aJft.i of t:rJ.s leas~ "$l"ae.-r.e.'lt. , " u..~~~:~A;,9TJR:i~, R .... ." By .~~)~ '. . At ". 'in.Fact ,. I i.f " , ~\'T: , , , . . .' , " <' . , "." " 'j' f' ., '~.' " , ,.... ;, '. '. .. : '. , " ' ',l' :': ',' , ....1,' .. , . ", ,1" " ".',1:' ,"". , " , , .\ ~'w'q: !,. ,,'. ":;\., .... .'. . . . , ~ ,,-., ASPEN/PITKIN PLANNING DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 SUBDIVISION PLAN CHECK FORM Mailing Date: Subdivision: September 17, 1975 Scott Bui 1 ding Conceptual Plan Public Hearing, October 7, 1975 Rocky Mountain Gas Agency: The enclosed plat is provided so that each utility company and public agency may inspect the plat and the site, making comments, concerning the placement of easement&; etc., and where necessary sketching recommended alterations on a copy of the plat. Your comments and any corrections'made on the plat must be returned to the City/County Planning Office no later than October 2, 1975 No response will be interpreted as approval without comments. C!~~~~ Ut/fl~ offJd ~tVn~, ~,' I t I I i /"; /"; ASPEN/PITKIN PLANNING DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 SUBDIVISION PLAN CHECK FORM Mailing Date: Subdivision: September 17, 1975 Scott Buildinq Conceptual Plan Public Hearing October 7, 1975 Aspen Fire District Agency: The enclosed plat is provided so that each utility company and public agency may inspect the plat and the site, making comments, concerning ,the pl acement of easements, etc., and where necessary sketching re,commended alterations on a copy of the plat. Your comments and any corrections'made on the plat must be returned to the City/County Planning Office no later than October 2, 1975 No response wi 11 be interpreted as approva 1 without comments. cfi~.~.~~r.~ a/-- ,~~~ t i , I t ~ ,.-. , ASPEN/PITKIN PLANNING DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 SUBDIVISION PLAN CHECK FORM Mailing Date: Subdivision: September 17, 1975 Scott Building Conceptual Plan Public Hearing Oct. 7, 1975 Agency: The enclosed plat is provided so that each utility company and public agency may inspect the plat and the site, making comments, concerning the pl acement of easements, etc., and where necessary sketching recommended alterations on a copy of the plat. Your comments and any corrections'made on the plat must be returned to the City/County Planning Office no later than October 2. 1975 No response will be interpreted as approval without comments. AGENCIES REFERRED: Mountai n Bell Rocky Mountain Gas Aspen Fire Dept. Aspen School Dist. Metro Sanitati on Electric Dept. Water Dept. City Engineer - 2 copies Fil e - 1 copy i""", ,......., .' ASPEN/PITKIN PLANNING DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 SUBDIVISION PLAN CHECK FORM Mailing Date: Subdivision: September 17, 1975 Scott Building Conceptual Plan Public Hearing Oct. 7,'1975 Aspen School District Agency: The enclosed plat is provided so that each utility company and public agency may inspect the plat and the site, making comments, concerning the placement of easements., etc., and where necessary sketching recommended alterations on a copy of the plat. Your comments and any correetions'made on the plat must be returned to the City/County Planning Office no later than October 2, 1975 No response will be interpreted as approval without comments. ~~~~fd~ ~ -Y ~ c:---v- ~ ~ ~-~~. ~ ~,- ~ ~ ( '~~~(~) ~, ~". ' '- .~ '~, ~ VLc{. , '~~ ;., . ^ ^ ASPEN/PITKIN PLANNING DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 SUBDIVISION PLAN CHECK FORM Mailing Date: Subdivision: September 17, 1975 Scott Building Conceptual Plan Public Hearing Oct. 7, 1975 Electric Dept. Agency: The enclosed plat is provided sothat each utility company and public agency may inspect the plat and the site, making comments, concerning ,the pl acement of easements, etc., and where necessary sketching re,commended alterations on a copy of the plat. Your comments and any corrections'made on the plat must be returned to the City/County Planning Office no later than October 2. 1975 No response will be interpreted as approval without comments. ~ ..~ i I ! -'-...~ -..-.----- /". ^ 'W. . ~.. ASPEN/PITKIN PLANNING DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 SUBDIVISION PLAN CHECK FORM Mailing Date: Subdivision: September 17, 1975 Scott Buil di ng Conceptual Plan Public Hearing Oct. 7, 1975 Water Dept. Agency: The enclosed plat is provided so that each utility company and public agency may inspect the plat and the site, making comments, concerning the placement of easements, etc., and where necessary sketching recommended, alterations on a copy of the plat. Your comm,ents and any corrections' made on the plat must be returned to the City/County Planning Office no later than October 2. 1975 No response will be interpreted as approval without comments. ~ r~ If c9- () - .v.> ~ 4'.""~~ . ...5>" . Ilt/W1/ ' . ~---~~--- ~ '\ , ~ ....Of ~( -. ",....., " ~ ASP1::N TITLE CO;\IPANY ^"l"ITLE IS:-i(;r{A;:-':Cr: AGf;:-;cY POST OF'FICE hOX 27 ASPE". COLOH1\Db 81.611 (303) 025.4,444. TITLE STATUS REPORT 1176-05-26 We have examined the records of the Clerk and Recorder of Pitkin County, Colorado, and find: Real property described as: Lots K, L, M, N, 0, P, Qi Rand S Block. 38 CITY AND TOIVNSITE.OF'ASPEN -7 ;? . , Fee simple title is vested in: RUSSSLL SCOTT, JR., }L~RY Am.OLD SCOTT and W. OSCAR NEUHAUS, Trustees under Indenture of Trust dated Marc~ 7, 1973, Russell Scott, Jr., .. et ux., grantors. Subject to: Mineral reservations as set for~~ in deed recorded in Book. 106 at Pages 221 and 222. Restrictions as set forth in instrument recorded in Book 197 at Page 598 and Hodification and Amendment thereto recorded in Book 261 at Page 507 and Letter recorded in Book 261 at Page 856. Any and all uI1paid taxes and assessments and any and all tax sales ,that have not been properly redeemed or cancelled. Any tax, assessments, fees or charges by reason of the inclusion of the 'Subject property in Aspen Fire Protection District, Aspen Sanitation D~strict, Aspen Street Improvement District, and Aspen Valley Hospital District. We find no liens vs. s'aid parties. Although .Ive believe the facts stated are true, this report' is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Aspen Title Company neither ass~~es nor will be charged with any finw,cial obligation or liability \'lhatever on accou.,t of any statement contained herein. Dated at Aspen, Colorado this 14th day of May, 1976 at 8:00 A. M. .' ASPEN TITLE COMPANY '^-~.. r1~I~J . .By