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HomeMy WebLinkAboutlanduse case.ts.Prospector Lodge.49A-85 .,' . ~ . ~. ~. CASELOAD SUMMARY SHEET City of Aspen . DATE RECEIVED:\J.<.L;}~, \'\~r. , CASE NO. f/q If -(/5 DATE RECEIVED COMPLETE: \\~\~\" STAFF: "';,~ PROJECl' NAME: Q"--<lsl'-'-":~~ LC'f~ i\"'^"<.",-~-<,d --\-c ""\'........,"'^"-'- Le,.JL"~:,, APPL ICANT : Applicant Address/Phone: REPRESENTA'l'lVE: Ny/( nl(.(:yrOJ~ ?h zfj. (" ' Representative Address/Phone: ,n (-'lJv(f/niSklllli:.) . F:iV (i) Y/0// Type of Application: 5-,;{01 ~ I. GMP/SUBDlV IS ION/PUD (4 step) Conceptual Submission Preliminary Plat Fi nal PI at ($2,730.00) ($1,640.00) ($ 820.00) . II. SUBDlV IS ION/PUD (4 step) Conceptual Submission Preliminary Plat Final Plat ($1,900.00) ($1,220.00) ($ 820.00) ($1,490.00) ( $ 6 80 . 00 ) ____ III. . /lV. EXCEPl'ION/EXEMPl'ION/REZONING (2 step) SPECIAL RE.V IEW (1 step) Special Review Use Determination Conditional Use , Other: ",-"f<l.,.\Ji.<''''''~,v,''~'' 'E",,<., el",,,~ ~ ==========================~========================================= \;'~<) \~, ti:,';: ~ . P&Z @ MEETING DATE:. ~ PUBLIC HEARING' YES (~ ============~!;~==~~~E!~R=E=D:===:~f::~=====I:=:;=I!=L::==~~~========::~= REFERRALS: / Ci ty Atty ____ City Engineer ____ Housing Dir. Aspen vlater ____ City Electric ____ Envir. Hlth. ____ Aspen Consolo S.D. Mtn. Bell Parks Dept. Holy Cross Electric Fire Marshall Fire Chief ____ School District ____ Rocky Mtn. Nat. Gas ____ StateHwy Dept (Glenwd) ____ StateHwy Dept (Gr. Jtn) ____ Bldg: Zoning/Inspectrt ____ Other: ------------------------------------------~-_=;:;ti-- --'St--------~~- ----- ------------------------------------------- -- - ------------ - --- FINAL ROUTING: DATE ROUTED: ;" INIT. . ~ City Atty ____ City Engineer ____ Building Dept. l Other: ~V~ 1\1;-I-Jt-IIJh"l-,3 C;,t;l :"11'> ---:- o~er: FILE STATUS AND LOCATION: Cd~ C1JJl...kj Uewlf: (j . ~ ~".CASE DISPOSITION: f'ro5ptcTor lOd5~ Revi~wcd by: ,~en P~Z " On -, .'.. 6, 9 . l. 2. 3. and a. b. . 10, i"n~(,~ '{>,'(,r\i' tl> CC>lIdq'I:Ol't) crt T' : " .______., b' ,'''''-(In.'Y' ljf'froJ~! . :,,--City Cou~f) 'h.te> ,): IM~:J c~ ~ ,~ approve amendment of Condition Nos. and 13 of approval for the Prospector Timeshare as follows: Amend Condition No. 6 to take out reference to transporta- tion and lodging gift prohibition. Condition No. 9 should contain the correct names of the current Plan Manager; Deleted Condition No. 13; subject to the following conditions: The applicant shall provide the City Manager I s Office with current information about the Prospector' s marketing and sales program including: i. The composition of weeks in timeshare packages; ii. Packages remaining unsold, and iii. Management of escrow accounts. This information shall be submitted within sixty (60) days of this approval. An amended Statement of Subdivision Exception, reflecting the changes to conditions of approval, Nos. 6, 9 and 13, shall be submitted to the satisfaction of the City Attor- ney's office." C " A 1,1 f""~ i<.A~ ~ lA-~: ~ to f1lfJ,AI-( r.v;bk, ,~ 'r .1wJi-1~-v..L cw. v<J~J, W :l'\. ~ 01",)) AI .'~ f'mJ /( f:AJ Q/YN/t./Jrl\j.J-a. orrvc~ wJ' 'r;:Vl1 ~ ~twJi t 1~"vJ f:lv,1 un};v,/.k (/01'<; '-j ;. f'~vnr! 0 C1~ . I""'-. ~ J, NICHOLAS MCGRATH, P,C, ATTORNEY AT lAW 600 EASTHOPKINSAVENUE SUlTE203 ASPEN, COLORADO 81611 AREA CODe 303 TELEPHONE 925-2612 September 16, 1986 U~~BW1~~( St'- ' Mr. Steve Burstein Aspen/Pitkin Planning Office 130 South Galena Aspen, CO 81611 ! i L .,'/ 'l../ Re: SPFC-Prospector-minor permit amendment application Dear Steve: Security Pacific Finance Corp., the owner of the Prospector project through a foreclosure, seeks an amendment --we think minor--to the existing Prospector permit, condition 7 (see Exhibit A). As you know, the existing permit requires the sale of a three-week interval, with one week to come from each of three columns of a printed schedule (see Exhibit B). Those schedules of weeks were submitted by the previous developer and approved as part of the original permit, although not required by the Code. SPFC, having engaged in sales through Barry Lefkowitz for several months, would like the permit amended, to give greater flexibility to meet requests of prospective buyers. This request will still satisfy the City Code, by allowing the individual sale of three week interval of any combination of weeks, so long as annually the total off season weeks sold is 26% of the total weeks sold, as will be explained below, This change is, we believe, a minor one, because (a) it is entirely consistent with City Code timeshare requirements, and (b) because it is slight in light of changes others (~, potential project buyers) have suggested SPFC seek, such as selling individual weeks, rather than a three-week package, which SPFC has declined to do. The relevant Code provisions require at a minimum either a two week package (on and off-season weeks) or an alternate packaging that "adequately accomplishes the marketing and sales of off-season weeks". The Code provisions are as follows: Section 20-24(B): "(5) 'Off-season' means the time between the date of the closing of Aspen Mountain ski lifts and June 15th of any t"'. ---. J, NICHOLAS MCGRATH, P,C, ATTORNEY AT LAW Mr. steve Burstein September 16, 1986 Page 2 year and also the time between September 15th to the date of the opening of Aspen Mountain ski lifts in any year." "(6) 'On-season' means any time of year not included in the off-season." Section 20-24(E)(3) "The marketing plan shall satisfactorily demonstrate that off-season timeshare weeks are being packaged and included in the proposed sales packages, and that off- season periods will be adequately marketed and sold. The marketing shall include, at a minimum, a multi-week package including one off-season week sold with one on- season week. A marketing plan may present alternative packaging of weeks to be sold, if it can be proven to the city council that the proposed packaging adequately accomplishes the marketing and sales of off-season weeks." The obvious purpose of the Code sections is to make sure that a developer does not sell the choice weeks, and leave an unsold and unsalable inventory of off-season weeks, with a consequent financial drain upon the then existing individual interval owners, since the owners' assessments pay for the project when that developer is gone. The new plan will insure the sale of off-season weeks. Before illustrating that, let's look at the inconsistencies in the existing three-week schedule (see Exhibits B and C), remembering that the developer sought approval of those schedules--they were not the fault of Council. The three columns supposedly coincide with high Winter/ski season, Spring/Falloff-season, and high Summer season. In fact, depending upon the opening and closing of the lifts, Easter, and miscellaneous other factors, many of the weeks do not fit in a clear category. For example, week 14 is under the "Prime Summer" column; yet it is the first week in April. Similarly, week 50 is in the same column; it is in early December. Under the Code's off-season, on-season definitions, the r-, ~ J, NICHOLAS MCGRATH, P,C, ATTORNEY AT LAW Mr. steve Burstein September 16, 1986 Page 3 following is an approximate appropriate categorization of weeks at the Prospector: Ski weeks Summer Off-season Unsold off-season Maintenance (prime ski) (prime Summer) 20 13 12 3 4 52 Thus, in order to sell the 12 off-season weeks with the 20 on-season ski and 13 on-season Summer weeks, or 33 weeks, out of the total weeks sold over a period of time, 26% (12 divided by 45) should be off-season, and about 74% (33 divided by 45) should be on-season. That ratio would mean the project would properly sellout, all other sales factors being positive (~, assuming a demand for timeshare units, etc.). The Prospector would report its sales to the City quarterly, and the 26%/74% ratio would be observed on a yearly basis. If there were a variation, then the City would require and the Prospector would agree the variation to be eliminated in the following year's sales. While such a plan is less precise than "pick one from each of three columns," you can monitor and enforce it nonetheless. By the way, the existing total sales of weeks, without this plan, has less than a 5% variance from it. Total sales to date are 57 on-season ski weeks, 35 on-season Summer weeks and 25 off-season weeks, or 77% on and 21% off. Since the sales efforts by Barry Lefkowitz began, there have been four new sales consistent with the permit. But there are at least six prospective sales that SPFC would like to close, but cannot absent this amendment. These prospective sales include several with two on-season Summer weeks, and an off-season week; several with two Winter on- season and an off-season week, etc. SPFC believes this change will give greater flexibility for sales efforts, and for buyers--thus making the project a more viable one. For example, some buyers interested in the """" ~ J, NICHOLAS MCGRATH, P,C, ATTORNEY ATLAW Mr. steve Burstein September 16, 1986 Page 4 Music Festival may want two on-season Summer weeks; a budget oriented visitor who likes the Fall colors may want two off- season Fall weeks. The sales staff have had inquiries from fly fisherman who return to Aspen each year in off-season Spring weeks (before the run off), and off-season Fall weeks. Sales to meet those interests can not occur under the existing permit. And there are several interested prospective buyers of three ski weeks who have said that will not buy unless they can buy three ski weeks. Those ski week sales could be balanced by sales to those interested as mentioned, in off-season fly fishing and in the Music Festival. We should also mention that some of the recent sales are to existing owners: ~, one person has purchased four separate intervals. These repeat sales speak well for the project. And several of the sales are to real estate professionals. SPFC has demonstrated its good faith and stewardship by, ~, paying in excess of $100,000.00 to creditors of Merit, mostly local people, that it was not legally obligated to pay. It has, it believes, achieved the good will of almost all existing owners. It needs, however, this additional assistance for the project and asks for your approval. Sincerely, ~ Mc~cc..cl J. Nicholas McGrath, P.C. cc: Mr. Ron Mitchell Paul Taddune, Esq. 6:lburstei.904 ^ "'""', 7. The nineteen IlllI renovated units foune' in the Prospector must each b~ split into fifty-two 1521 weeks. Seven 171 weeks must be reserved for the maintenance of the project. Four 141 of these seven 171 ,wee~1l must be used exclusively for maintenance with no rentalo or other uses allowed. Two of the four 141 weekn muot be in the spring while the remaining two 121 weeks must be in the fall. The remaining forty-five (451 weekn must be sold as propoaed in three (31 week Hmenhare packageR. Elich three 131 week package must contain a peak summer/off-winter week, and an off seallon Ifeek in d ther the spr ing or the fall. ~. \ '-------, EXHIBIT A. I"""- .~ . Week Selection Chart Prospector fractional eslate owners have three occupancy weeks each year, The choice of specific weeks is made althe time of purchase. Each owner creates his own package by selecllng one week from each season: Prime Ski, Prime Summer and Spring/Fall. Choose One PrIme Ski lil 52 1 2 3 . 4 5 6 7 8 9 10 11 12 13 Choose One PrIme Summer '14 25 26 27 28 29 30 31 32 33 34 35 36 M- 3tt '50 Choose One Spring/FaD " 15 " 16 17 18 19 20 21 22 23 ~24 39 40 41 42 43 44 45 ~~ 48 49 7 .... '\ ~:...~ , i ~\ ''" ' EXHIBIT B ',l ,,1'. ~'IIJ ~ VAcATIOrCALENDAR Sunday to Sunday UNIT WEEK 1985 1986 1987 1988 1989 NUMDER 1 jan, 6-Jan, 13 jan,5-Jan, 12 Jan. ~-jan II Jan. 3-jan, 10 Jan, 1-:fan,8 2 jan, 13-Jan, 20 Jan, 12-:fan, 19 )an, II-)an, 18 )an, IO-)an, 17 Jan, 8-Jan, 15 3 jan, 2o-jari, V Jan, 19-jan, 26 )an, 18-)an, 25 )an, 17-)an, 2~ Jan, 15-:fan, 22 ~ )an, 2~-Fcb, 3 )an, 26-Feb. 2 , )an, 25-Fcb, 1 Jan. 2~-Jan. 31 }an, 22.,jan, 29 5 Fcb, 3-Feb, 10 Fcb, 2-Feb, 9 Fcb, I-Fcb, 8 )an, 31-Fcb, 7, J:in, 29-Fen 5 . 6 Feb, Io-Feb, 17 Feb,9-Feb, 16 Fcb,8-Fcb, IS Fcb, 7-Fcb, I~ Feb, S-Feb, 12 7 Fcb, 17-Feb, 24 Fcb, I6-Feb, 23 Fcb, IS-Fcb, 22 , Feb, H-Fcb, 21 Fcb, 12-Fcb, 19 8 Feb, 2~-March 3 I Fcb, 23-March 2 Fcb, 22-Mardt I Feb, 21-Fcb, 28 Feh, 19-Feb, 26 9 March 3-March 10 March 2-March 9 March I-March 8 Feb, 28-March 6 Feb, 25-March 5 10 Mar, Io-Mar, 17 Mar,9-Mar,16 Mar, 8-Mar, 15 March 6-March 13 March 5-March 12 II Mar, 17-Mar, 24 Mar, 16-Mar, 23 Mar, IS-Mar, 22 March 13-March 20 March 12-March 19 12 Mar. 2~-Mar, 31 Mar,23-Mar,30 Mar,22-Mar,29 March 2O-March V March 19-March 26 13 Mar,31-Apr1l7 Mar, 3O-April 6 Mar, 29-AprII 5 March 27-AprIl 3 March 26-Aplll 2 I~ April 7-April I~ April 6-Apr1l13 April 5-Apri112 April 3-April 10 April 2-AprIl 9 ---'IS Aprlll~-Aprll 21 Apri113-AprIl 20 April I2-April 19 April Io-April 17 April 9-AprIl 16 16' April 21-Aplll 28 April 2O-Aprll V April 19-April 26 ApriI17-ApriI2~ April I6-AprIl 23 t1 17 April 28-May 5 April V-May ~ April 26-M1y 3 April 2~-,ay 1 April 2~-Aprll 30 18 'May 5-May 12 ' May ~-May II . May 3-May 10 May I-May 8 April 3O-May 7 , 19 May 12-May 19 May II-May 18 May Io-May 17 May 8-May IS May 7-May H 20 May 19-May 26 May I8-May 2S May 17-May 2~ May I5-May 22 May I4-May 21 21 May 26-June 2 May 25-June I May 2~-May 31 May 22-May 29 May 21-May 28 22 June 2-JUne 9 'June I-June 8 May 31-June 7 '~lay 29-June S May 28-June ~ 23 June 9-June .16 June 8-June 15 June 7-June I~ June 5-June 12 June ~-June II -'2~ June I6-June 23 June 15-June 22 June H-June 21 June 12-June 19 June II-June 18 . 25 June 23-}une 30 June 22-June 29 June 21-June 28 June 19-June 26 June I8-June 25 26 June 3O-July 7 June 29-July 6 June 28-July S June 26-July 3 June 2;-JuIy 2 V July 7-July I~ July 6-July 13 July S-July 12 July 3-July 10 July 2-July 9 28 July I~-July 21 July I3-July 20 July 12-JuIy 19 July Io-July 17 July 9-July 16 29 July 2 I-July 28 July 2O-July V July 19-)uIy 26 July 17-:July 2~ July I6-July 23 30 July 28-August ~ July 27-August 3 July 26-August 2 July 2~-July 31 July 23-July 30 31 Aug, ~-Aug, II Aug, 3-Aug, 10 Aug, 2-Aug, 9 July 31-Aug, 7 July 3O-AIIg, 6 32 Aug, II-Aug. 18 Aug, Io-Aug. 17 Aug. 9-Aug. 16 Aug. 7-Aug. I~ Aug, 6-AIIg. 13- 33 Aug, I8-Aug, 25 Aug, 17-AIIg, 2~ Aug. 16-Aug. 23 Aug.'I~-Aug, 21 Aug, I3-AIIg, 20 34 I,ug, 25-Sep. I Aug, 2~-Aug, 31 Aug. 23-Aug. 30 Aug. 21-Aug, 28 Aug, 2o-AIIg. 27 35 Sep, I-Sep, 8 Aug, 31-Sep, 7 Aug. 3O-Sep, 6 Aug, 28-Sep,~ Aug, 27-Sep, 3 36 Sep. 8-Sep, 15 Sep, 7-Sep, I~ Sep, 6-Sep, 13 Sep, ~-Sep, II Sep, 3-Sep, 10 37 Sep, 15-Sep, 22 Sep, I~-Sep, 21 Sep. I3-Sep, 20 Sep, II-Sep, 18 Sep, 10-Sep, 17 38 Sep, 22-Sep, 29 Sep, 21-Sep, 28 Sep, 2o-Sep, 27 Sep, I8-Sep, 25 Sep, 17-Sep, 2~ 39 Sep,29-Ocl,6 Sep, 28-Ocl, 5 Sep, 27-Ocl, ~ Sep, 25-Ocl, 2 Sep, 2~-Ocl, I ~O Oct. 6-Oct. 13 Oct. S-Oct. 12 Oct. ~-Ocl, II Oct. 2-Oct, 9 Ocl, I-Oct. 8 10 ~I Oct. I3-Ocl, 20 Oct, 12-Ocl, 19 Oct, II-Oct, 18 Oct,9-Ocl,16 Oct, 8-Ocl, 15 ~2 Oct. 2o-Oct, 27 Oct. 19-Oct. 26 Oct. 18-Oct, 25 Oct. I6-Ocl, 23 Oct, IS-Ocl, 22 H Oct. V-Nov, 3 Oct. 26-Nov, 2 Oct. 25-Nov, I Ocl, 23-Ocl, 30 Ocl, 22-Oct. 29 44 Nov, 3-Nov, 10 Nov, 2-Nov, 9 Nov, I-Nov, 8 Oct, 3O-Nov, 6 Oct, 29-Nov, 5 ~5 Nov, Io-Nov, 17 Nov, 9-Nov, 16 Nov, 8-Nov, IS Nov, 6-Nov, 13 Nov, S-Nov, 12 )6 Nov, 17-Nov, 2~ , Nov, I6-Nov, 23 Nov,IS-Nov,22 Nov, I3-Nov, 20 Nov, 12-Nov, 19 0 Nov, 2~-Dee, I Nov,23-Nov,30 Nov, 22-Nov, 29 Nov, 2O-Nov, 27 Nov, 19-Nov, 26 ~8 Dee, I-Dee. 8 Nov, 3O-Dee, 7 Nov,29-Dee,6 Nov"V-Dee, ~ Nov, 26-Dee, 3 ~9 Dee. 8-Dee, IS Dee, 7-Dee, H Dee, 6-Dee, 13 Dee. ~-Dee, II Dee,3-Dee,10 50 Dee, IS-Dee, 22 Dee.. H-Dee, 21 Dee. 13-Dee, 20 Dee, II-Dee, 18 Dee, Io-Dee, 17 51 Dee. 22-Dee, 29 Dee, 21-Dee, 28 Dee, 2o-Dee, 27 Dee, I8-Dee, 25 Dee, I7-Dee, 2~ 52 Dee. 29-)an, 5 Dee, 28-)an, ~ Dee, 27-jan. 3 Dee. 25-:Jan. I Dee, 24-Dee. 31-J.... 7 ;~.. EXHIBIT C -it ,,,,"", ,~ CITY OF ASPEN .. MEMO FROM STEVE BURSTEIN b-H-~{ !Jote tv FJ/~ OrnF~5,lq'6~ p,~ ~~lb.r.4 f4nMJJ.d!j 1~/ti[L,hf,~) fU f.1e(JJ4IJ" ~ Su.~ 134 ~, ~4 P+j wrJ t "ur rrwM, ff~ ~1t ~ ' "HWN ~ M -4 f~? wJJ ~~wJ.1tk~IY4~ ~M ~ I ~ Abt;fjn419:-~ry t~t~7 ~fAH t4 ~1' 1-;)., q 1Itt,~ _~ ~; "q, aJ 13M 1~ b:; C~ d-.-IO-Ob , dm u.UJ:.;,) J 1v?4 ~ M iJ. f~:k t{t11 ~ ~bv~~J;~ 5. ~ffi/wl/v~tf ()d ?03,R'D\ ~D7) M>13o~ t ~r ~,;~ u; ~ljpj~1Ik v;;t uJJ A /~ ~ ~ ( ~'I,~ IM'"J;" 1Iff-c4 . ,-" .--' MERIT DEBTS PAID BY SPFC Amount Date Payee Paid Paid Aspen Club $ 17,505.00 5/01 and 6/16 Buzz Fedorka 5,000.00 5/11 Snowmass Village Sun 900.00 5/11 Impressions of Aspen 462.87 5/11 Aspen Times 2,053.46 5/11 Sears-Office Furniture 1,056.00 5/11 Media Brokers 4,153.28 5/11 Ashley Associates 2,255.86 5/11 Ashley Advertising 1,338.67 5/11 Aspen Branch 713.73 5/11 Zap Cleaners 1,400.00 5/11 KSNO 2,179.75 5/11 Air Destination 2,302.23 5/11 Provideo/Aspen Quide 3,000.00 5/11 Duplicators 899.40 5/11 Federal Express 1,834.00 5/11 Aspen Activities 100.00 5/11 Marti Sommers 150.00 5/11 Aspen Maintenance 186.10 S/11 The Greenhouse Restaurant 430.15 5/11 Rocky Mountain News 453.60 5/11 David Harris/Neiley 3,500.00 5/12 Gideon Kaufman 4,757.00 6/04 Aspen Daily News (trade $2,000 also) 2,000.00 6/16 Schacht Electric 331.00 6/06 A.L. Larsen-Co-Lessee 1,400.00 6/06 KSPN / TV2 (will trade some) 0.00 Rosendahl Investor Group 45,069.00 5/10 Pitkin Co. (property taxes due from 1984-1986 - will be paid in the next month or two before sales) 33,000.00 Total $138,431.10 ----------- ----------- EXHIBIT A - - ~,A~"""'i&~.'~&. ~ ~' ~~ <<" ~ -It * * * -It :g -g ~~f)'.' ~ ***lIl'O .0 W 1 -It It * C 'S; " <0 II: 4 ~ ~ : : .~! · ~ ~6l\ ti~~: !:~t1l ):i ~~ tamE .. It -It i CZl t.., !JJ~ 1,: - .. -It -It .0 ~ I i I ~jt m: ~ : ~ ... U i I ; , ~ J> .~ J :;:.; it 1111: .~~ '& ~ i ' , t:LI! l'd lii <l1i i t ..s tc 81 ~ B. I~;B H ~ II ~ Q~ ~.JS.. ~~ ~ 1 ~ ffi ~8 ~ j 2iEH tit ~ j ~ j i ~ g: ~ ~ ;p IS UJ ffi i ~ ~ ~ ~ ~ :;; I~ ~ ~ ~ m m 8 ~ ffi :l: 0 iiI d ~ ~ :;; m ~ ~ ~ ~ ~ ~ ~ i~1 ~ ... >- .- W S ~ I w iPJ.! i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i' <I :: ! w UJ .. t1l ~ . I~ A 8 ~ a: l'd .e Ji., ~::Jz, ~ f.;\tL111i1~'~~tlll'~~ ~'J::'.#.lm'~"'7iP"''''''\Illl'~'7~.~f~.,'''''JJJI1''",,'fIJIiI,.m ""fliP- . ....., "iiinll'f1'itl{III'" 'iiiV 'liill\\~\n'd[{ljjiP" 'W' EXHIBIT 8 . ,', '. " . . , -. ,-, J, NICHOLAS MCGRATH, P,C, ATTORNEY AT LAW 600 EAST HOPKINS AveNue SUIU203 ASPEN. COLORADO 81611 AREA CODe 303 TELEPHONE 925.2612 June 23, 1986 D rn@rno\\tlfg n "2311I U HAND DELIVERED Mr. Ron Mitchell Acting City Manager 130 South Galena Aspen, CO 81611 Re: The Prospector Dear Ron: As you know, I represent Security Pacific Finance Corporation (SPFC), which has foreclosed on The Prospector project against its original developer, Merit Investment Company (of Aspen), Inc. The purpose of this letter is to provide additional information to you concerning the current status of the project, as well as to update some information with regard to the information the City requested at the time it amended the rule of eight condition. 1. The foreclosure sale occurred on May 28, 1986. The total amount of indebtedness owed SPFC was $3,995,199.96. We bid $3,000,000.00, which is more than the appraisal we had as to its value. Thus, SPFC has already lost over $1,000,000.00 on the project. Technically we could pursue what is called a deficiency judgment against Merit, but that is currently unlikely as we do not believe it has any assets. 2. Consistent with its representations to the City, SPFC has paid some investors and many local creditors of the project as indicated on the attached Exhibit A. It is important to note that SPFC had no legal obligation to advance that approximately $100,000.00 to pay creditors. The foreclosure would have wiped out those creditors entirely and legally (except of course for the taxes listed on the Exhibit). Nonetheless, SPFC felt that it would like to get off the ground on a positive note and build some goodwill for the project by honoring obligations that did not apply to it. 3. As I have indicated, SPFC intends to begin marketing - 1 - ~ ,"""" "-, J, NICHOLAS MCGRATH, P,C, ATTORNEY AT LAW under the old permit for an indefinite period but probably only for summer 1986. Thus the new plan manager for condition number nine will be Barry Lefkowitz, d/b/a Aspen Ski Tours Realty and Mgmt., and a copy of his Colorado broker's license is attached as Exhibit B. 4. The composition of weeks in timeshare packages, as that information was requested in the Council's action of February 10, 1986 (Exhibit C) is attached hereto as Exhibit D. It is the same as approved for use by the prior developer by City Council. As I have indicated we hope to change that and come up with a more flexible plan but various business conditions, the time involved in regard to doing various State and local applications, the foreclosure itself, dealing with creditors, etc., has prevented us from doing that so far. 5. With regard to "packages remaining unsold", as referred to in the same minutes, that is simply a function of the weeks that remain unsold and how they are selected by a purchaser. While Merit appears to have violated the permit in some regard, Barry Lefkowitz on SPFC's behalf will assure the City that any packages sold will be directly from the schedule and valid under permit. We would be happy to provide the City with a weekly update of prospective closings as sales occur if that would make the City more comfortable. Attached hereto as Exhibit E is an updated owners list with the weeks of sale thereon. This list should supersede anything used by Steve Burstein prior to this time. The attached. list I have verified with the SPFC division that handles the financing papers on each unit, as well as with County real property records, and with Barry Lefkowitz, who deals with owners directly because they notify him when they are coming in since he otherwise short term rents their units. Thus we are relatively , confidgnt of the attached Exhibit E. So far as we can tell, the few Merit sales that may involve a violation of the existing permit are not all that much of a problem. There are a~pl~ ofE season weeks to balance any on season weeks that could be sold. Steve identified eight sales by Merit he thought contrary to the permit in his memo to you dated March 26, 1986. In part he based his memo on a "sales report" print-out I had obtained from a them employee of Merit. That list was inaccurate (no fault of Steve or me). However, the response to Steve's then list is as follows: - 2 - 1"""\ .~. J, NICHOLAS MCGRATH, P,C, ATTORNEY AT LAW steve's List Response () i,\ Frischnect 101 50-29-32 No such sale '0 \'~ Blake 102 11-12-40 We returned his money-no sale - Ross/Wallace 203 06-07-43 Accurate -Merritt 205 08-09-24 Accurate Smith 207 10-12-23 Accurate Pillon 302 05-06-25 Accurate - prohaska 302 10-11-40 Accurate While steve is correct that the five sales by Merit marked "accurate" above do not have both a "summer/fringe ski" and a "spring/fall" week (condition 7), and while I do not defend Merit's not following its permit to the "T," I do point out that the violations do not appear major. Indeed, there is some conflict between condition 7 of the permit and the City Code's requirement of one "off-season" week sold with one "on-season" 'week. See Sections 20-24(B)~ and (E)(3). ~ In fact, we can address this issue under SPFC's current proposal to market the three weeks intervals under the existing permit, with one small proposal. Barry Lefkowitz would like to be able to sell two summer weeks and an off season week for this limited summer 1986 marketing period. That would help redress the imbalance Steve perceives. , 6. SPFC sent a letter to each of the owners explaining the status of the project and the like and has so far received nothing but favorable comment on its participation. A sample of such a letter is attached hereto as Exhibit F. 7. At the time the rule of eight was amended (Exhibit C), SPFC also offered to allow any purchaser in escrow to rescind a sale if that purchaser felt the change in the rule of eight affected his or her rights. Attached hereto as Exhibit G is a sample of such a letter. Dealing with this issue has been a bit of a problem because there is virtually no communication with the prior developer, Merit. We have asked on numerous occasions for information as to escrow sales, copies of contracts, and the like. Several weeks agO, Merit sent unsorted boxes of materials to SPFC in San Diego, and we are presently reviewing those documents. As best we have been able to determine there were only three sales in escrow and a forth to whom a check was returned (Blake). We are still trying to ascertain that - 3 - -. "'""', J, NICHOLAS MCGRATH, P,C, ATTORNEY AT LAW information and its accuracy. It does not appear to be a significant problem either numerically or otherwise, and we have not received any complaints that have not been dealt with fairly and promptly. 8. As the attached owners' list (Exhibit E) reflects, in fact there were 47 sales out of 285 intervals (19 units X 45 weeks/3 weeks). Letters went out to each of those 47 owners and we have received several favorable comments. About 13 of those owners are in default upon their financing papers to SPFC and we are negotiating with those owners as to taking a deed in lieu of foreclosure or having them get back in good standing because of our increased participation in the project. ? 9. We were also asked at the February Council meeting to provide some information on the "management of escrow accounts." Again that has been a difficult problem primarily because of the defaults of Merit. We requested for some five months the actual escrow accounts and information as to them from Merit. What we finally received was, as to any escrow accounts other than for sales, information that indicated there were no sums whatsoever in any escrow or reserve account. With regard to the escrow account Merit maintained for sales, I now have in my trust account the sum of $13,501.26. Frankly, we have been unable to determine whose money that is, but we are communicating with various people in attempt to find out. We believe those funds belong to the three people who may be in escrow and again are attempting to communicate with them and with others to find out who they are. We have been unable to obtain that information from Merit. Barry Lefkowitz has set up a Prospector operating account for assessments and the payment of bills. He is currently also establishing an Interior Reserve Escrow Account, an Exterior Reserve Escrow Account, and will open a Sales Escrow Account at Pitkin County Title for any deposits. I have advised my client that it has a legal right to proceed under the existing permit including the three changes made by Council on February 10. While steve Burstein focuses on some problems of Merit, he does not seem to understand that SPFC isn't Merit. SPFC from the start has done everything it can to improve the situation and provide a solution to a problem and hopefully we can continue along those lines with you on Wednesday. SPFC is highly desirous of beginning to market. It wishes - 4 - """ """ J, NICHOLAS MCGRATH, P,C, ATTORNEY AT LAW to refurbish other units with a better furniture package and do other improvements to the project. However, when it is already over $1,000,000.00 in the hole, and with little or no cash flow coming in, it is harder and harder to justify with directors, auditors, and examiners of the bank, the advancing of additional funds to improve the project. Thus the necessity to begin marketing. Sincerely, J. Nicholas McGrath, P.C. cc: Mr. Steve Burstein sh3:lmit623 - 5 - .Jt 1 CITY OF ASPEN. ~ MEMO FROM STEVE B1JRSTEIN ---- I j , i i I i I ! i I f: I I 1 i i I I I .1 t: ~MJJJJ,A~ ~s M~ 1 R~., 2l~~ P4' - f~ MIt~1~ P/g, 'j Dit.: r~D, 11$6 1 '\' Att~~J;", ~ Ht~ ~M tfWz Pic &u~ ~ 1.L .~~ ! 4~...4 f + t.~ ,J,. r.J -u; )",,;., JJ. \ p~.u~r""~' . I ! J J,J.;.. .....t;l, ~ ~ ,j.,JJ j, -t..b, I""" t. i 1 ~4,.J. i j i . t...~ 'i5liiw.J 1~ t~ ~ <l. J....yi t ~ { ~ r #6,v'1 ) .. 'fr'<"''' (",,;I '" 1<,,,,11 oJ..;) 1.-< ~/ ib;J., 4k 1 kL Ci~} A-I};t~eY. I; I 2.'li~.M..w"",~Af<~1~ i ~ -4~ ~r-.c.J r.I"~rtW.tl~ wwJJ -M"" ~pvc,l ,--ID-j ~ . \<),..J t ,..,.1M .u..t ":J fA.,J. h."'""W; tJ" , ~ ~~ I~A ~q~ ~I~~~~ $",4k~) MAI( Inj ?D~ V;,~, re"",.i^J p<t-Ic.,Rl' ~. i"'fYOffY. , ' __,......__ __ _ _ ___.~_______...' --<""" ,,--. ....-~.."".l ! . fry t,k~~ i !1.W ~ ct~ J., ~ ~;!)kl1.. i o I tDVI' vJ/( in*",VA it I i .-, .-, J, NICHOLAS MCGRATH, P,C, ATTORNEY AT LAW 600 EAST HOPKINS AVENUE SUITE 203 ASPEN, COLORADO 81611 ~Irg @= 'l~I1~ r:: I , ';E~ ~.~>) 3 E .2612 June 12, 198" Mr. steve Burstein Aspen/Pitkin County Planning Office 130 S. Galena Aspen, CO. 81611 Re: Security Pacific-Prospector-Marketing Plan Dear Steve: Security Pacific is anxious to begin the sales process, and thus proposes to begin sales under the existing permit and marketing plan. Barry Lefkowitz, d/b/a Aspen Ski Tours Realty and Management Company, has a Colorado broker's license and will be the marketing agent. Since at least in this interim period (prior to seeking changes and City approvals), only the marketing agent is being changed, from Timber Run Realty and Terry Liming (see par. 9) in the original permit to Mr. Lefkowitz, please tell me if there is anything else the City needs. The only thing I can think of is some sort of writing by which SPFC and Mr. Lefkowitz agree to market in accordance with that permit. SPFC will not close any sales under after August 12, when the redemption period is over in its foreclosure, so that it will be able to convey clear title to any purchaser. Even if there are no such sales, the sales and advertising process can begin and that will benefit the project. SPFC will also soon be filing a revised marketing plan with greater flexibility in weeks that can be sold, for which it will also file a permit amendment application. Since the condominium documents may require amendment, and since SPFC will not be the owner entitled to amend those documents under Colorado condominium law until after approximately August 12, realistically SPFC's only choice is to begin some marketing under the existing permit, while processing the changes it believes are necessary to make the project viable. - 1 - ~ .~. J, NICHOLAS MCGRATH, P,C, ATTORNEY ATLAW If you have any questions, please let me know. Perhaps it might be beneficial to have a meeting with you, Ron Mitchell, and Paul Taddune? Sincerely yours, ~~ ~tC~ J. Nicholas McGrath, P.C. cc: Messrs Mitchell, Taddune, Mead, Meyer & Brody nm15:spper605 - 2 - ,-, .~ PEN May 7, 1986 ~ ~_~ @ owrn: I:~ i,~i MAY - 6 1986 liU Mr. Nicholas McGrath, Jr. P.C. 600 East Hopkins Avenue Suite 203 Aspen, Colo. 81611 Dear Nick: I have reviewed your letter dated April 30, 1986, concerning the Prospector six sales that currently is in escrow. Your suggestion to wait to take action until after you file you marketing plan would seem to be the appropriate course of action. If you are granted more flexibility in selling different packages, the current sales that are in violation would be corrected. If you have any questions, give me a call. Sincerely, ~;Z~ Ronald L. Mitchell, Acting City Manager RLM:kjm.151 xc: .. St:e,ye:n,l:BJair;s't~Fil:~, . , . o ,A SECURITY PACIFIC FINANCE CORP, K.C.MEAD EXECUTIVE VICE PRESIDENT April 16, 1986 Helen & Townsend Ace 8017 Cherokee Lane Leawood, KS 66202 Dear Prospector Owner: Champagne and flowers! Security Pacific extends thanks to you for your patience and cooperation through recent month's adjustments. As you may have heard by now, Security Pacific Finance Corp. is in the process of assuming ownership of the Prospector Resort. Consequently, you may look forward to improvements in the overall appearance of the resort as we upgrade furniture and fixtures in the units, as well as the exterior of the building itself. We intend to bring it up to the standards you anti- cipated at the time of your initial investment. We have reached an agreement with Aspen Ski Club and have paid required dues through February 1987 and are prepaying dues for an additional 2 years. You may expect the Prospector and its staff to compliment your next stay in Aspen, Colorado. We sincerely look forward to continued relations with you. Sincerely, ~? .Ltil./~ Kenneth C. Mead Executive Vice President Specialized Financing Services KCM/pwr 10089 W1LlOW CREEK ROAD SAN DIEGO, CAUFORNIA. 92131 TELEPHONE (619) 578-8150 SOL1Jle - Se4-t l- I-u alI ..fU( b-h{J O/).l]lers ' SUIlSIOl~F1VOf"SECtJ""V"ACI~IC~""l(lot EXHIBIT F <I '~ ^ Draft to be sent to the three in escrow Dear , Security Pacific Finance Corporation has foreclosed upon The Prospector proj ect. \'/e have taken over control of the management of the project and have begun to revitalize it as a premier timeshare vacation resort. The City of Aspen, at our request, has abolished the "rule of eight" under which sales of The Prospector could not be closed until there were eight interval sales in each condominium unit. If the abolition of the "rule of eight" prejudices you in any way, you have the right to rescind your contract to purchase a timeshare interval. Please indicate your desires directly to our property manager Barry Lefkowitz of Aspen Ski Tours in Aspen, 300 South Spring, Aspen, CO 81611, telephone No. (303) 925-9500. If you elect not to purchase, we hope that when you next return to Aspen you will look at the project under new management and once again consider interval ownership at The Prospector. We would appreciate receiving copies of your contract with the developer Merit Investment Co., and a copy of any checks (front and back) you wrote for earnest ~oney deposits. Security Pacific Finance Corp. " bc1:lspfc426 eXHIBIT 6- -- ,-- J, NICHOLAS MCGRATH, JR.. P,C, ATTORNEY AT LAW 600 EAST HOPKINS A VENUE SUITE 203 ASPEN, COLORADO 81611 AREA CODe 303 TELEPHONE 92S-2612 April 14, 1986 D ,[g@mO\VlmLn I ". , APR I 51986 jiU Mr. Steve Burstein Aspen/Pitkin County Planning Office 130 South Galena Aspen, CO 81612 Dear Steve, Security Pacific Finance Corporation desires an extension of time within which to file its marketing plan for the Prospector. As you may recall a new marketing plan was technically due about April 11. We request a month and a half extension to June 1. There is no prejudice involved to the City or to the public, as we are not currently engaged in any marketing efforts. Security Pacific Finance Corporation has retained the services of Barry Lefkowitz, a licensed real estate broker, and Aspen Ski Tours to manage the property and begin the drafts of the marketing plan. If you have any questions, please let me know. Sincerely, lJ,~L J. Nicholas McGrath, Jr., P.C. cc: Mr. Ron Mitchell shl:lbers414 ,- 'I Iii'"" J, NICHOLAS MCGRATH, JR.. P,C, ATTORNEY ATlAW 600 EAST HOPKINS AVENUE SUITE 203 ASPEN. COLORADO 81611 AREA CODe 303 TELEPHONE 925-2612 March 27, 1986 Mr. Ron Mitchell Assistant City Manager 130 S. Galena Street Aspen, CO 81611 ~[O:~~:[O~ ;J i _~, . Re: Security Pacific-Prospecto Dear Ron: With regard to Steve's memo of March 26, which points out that apparently the developer and its sales staff may have sold certain intervals in violation of The Prospector permit in seven instances, I did want to indicate that while Security Pacific or its marketing agent will certainly address that "problem" as requested by Steve's memo, Security Pacific of course had no responsibility whatsoever for this or any other violations of the permit by Merit, the developer. We will check into the facts and provide further information to you, but I did want to make sure that everyone was clear that Security Pacific was simply a lender on the project and had nothing to do with marketing or sales, and hence with possible past violations. Sincerely, J. Nicholas McGrath, Jr., P.C, enclosure cc: Mr. Steve Burstein Mr. Fred D. Meyer Mark Brody, Esq. Mr. Barry Lefkowitz Mr. Michael Butler pm9:lron0327 1"""\ "f f,\-t MEMORANDUM TO: Ron Mitchell, Asst. City Manager FROM: Steve Burstein, Planning Office RE: Propsector Timeshare Package DATE: March 26, 1986 --------------------------------------------------------------- --------------------------------------------------------------- Attached is the sales report for the Propsector submitted by Attorney Nick McGrath to the Planning Office on February 4, 1986 in association with the Prospector application for amendments to conditions of approval. The package'S with orange. marks. neJet to- them are in violation of Condition to of the. Prospector'S' appro.val in. that they do not contain a summer/fringe ski week and a spring/ fall week as required. I have identi1ied Seven such mismatched packages. It is important that be submitted to the approval due by April the current marketing an& sales program, City Manager's Office within 60 days 10, 1986, should address this problem. to of cc: Nick McGrath t"""\ ,I""'}, " ".,. , 'c -~ :'"i,. '" , , I! !!!!!IIII!llltllll!IIII,111111111111111 ::2 :~ .~- ' .~' J- ~-3 I '" "'" gg8M~~~M ~~g8~~~~~ S~~ ~MM~~~ ~~oo~~2~ . . '0 . . . .. .........'. ... .......0 . "...-1 . . . . "'~@~:Rg;~~i!l~~-<;:;~~G;","'~'" ,~~~13-O~ ~~ro"'~~N III f I' f j Jt~j II j ~ ~ II Jr. b f nn m h ~ j ~ i i ~ j i ~ !if!if -!if!if!if !if !if ill li !if !if !if !if Pi ~il:i ~ ill li!if!ifill ilil:hfli !i . !i ffi ffi li li _ ~ ~ ~ Ii ~ '0. ~ '. . . o' '. cs . . . '.,.:tS . . . l5.. . . 6. ,6 '.' 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" ",' . -I - / ' " r-NNNNs::!NNNNN'N';:I.:;>t.;:t ~~~~~P\~~~~~gp\?;P\ 1~.ll'~I~iilli~~ ~ ,-, ~~ . ~SE .. ~ ~~~ .... ^ ~ Reaul,ar Jleet:inQ I~ Aspen city Council ,~ Feb. ~ry 10. 1986 PROSPECTOR TIMESHARE AMENDMENT steve Burstein, planning office, said this is a request to amend some of the conditions of the Prospector timeshare approval. The main request is to eliminate the condition that 8 timeshare units out of 15 be sold prior to closing on the unit. Burstein said at the time the Prospector was approved, Council was very caut:ious about Hmeshare, and had passed some strict laws. Council fel t this condition was to protect consumers. Burstein said the applicant claims this condition is counter productive and has jeopardized the viabilit.y to the project. Burstein said staff feels this condit:ion may hamper the cash flow, however, there are probably other contribut:ing factors to the probl ems of the Prospector. Bur stein reconunended el iminating this condit:ion. Nick McGrath, representing Security Pacific, told Council they have filed a foreclosure on the Prospector. JlcGrath said the conditions are acceptable to his client and they believe the relaxation of the rule of 8 will assist in marketing. McGrath said they feel there were cancellaHon of sales because owners could not close on and use their units. This money can repay some of the loan and increase the accumulation of interest. Councilman Isaac asked about the other timeshare project if they have the same condition. Burstein said t.he other project has to sell 5 out of 15 units. Councilwoman Fallin asked if other communities have this type of restr iction. Burstein said he 15 ,,~XHIi3fj' c ,.-. ---\ Requl ar Meeting Aspen City Council February 10. 1986 talked to Vail, and they do not have these restrictions. McGrath told Council Security Pacific is a 100 per cent lender on this project. Mayor Stirling said there are other factors and this rule of 8 is not the only reason that this project mayor may not have succeeded. McGrath agreed with that. Mayor Stirling said the real estate market was very slow when this project went through, and the project may have been under capitalized. Mayor St!r:l ing asked if this bank has any other experience in integral ownership. McGrath said they have interests in 29 other timeshare proj ects. Dav id White, P & Z member, said one of the reasons this was a condition was to get local people both managing and selling the projects to get consistency. McGrath said his client intends to do a marketing plan to cover these concerns. The city staff has to approve any marketing plan. Councilwoman Fallin moved to approve amendment of condition numbers 6, 9 and 13 subject to conditions a and b in the planning office memorandum of February 4, 1986, seconded by Councilman Isaac. Councilman Isaac asked if this project now fails and Council has changed the requirements, can the present owners came back to Council. Taddune said there is a disclaimer in the timeshare documents stating there is no liability on behalf of the city for any representations. McGrath said there are only 4 current sales in escrow and would make full disclosure to these people that the rul e of 8 is changing and if they want out, they may get out. McGrath said all the present owners have objected to the rule of 8. Councilwoman Fallin amended her motion to add a condition (c) that the existing contracts in escrow be notified of these changes, seconded by Councilman Isaac. All in favor, 'D1QUon 'carried. ~ .' ~/IM The'~" PROSPBCTOR' \ ) '--' Oo"""" , ') .~ Week Selection Chart PROSPECTUR FRACTIrnAL ESTATE ~RS HAVE TlREE OCCU'N-ICY WEEKS EAGf YEM. THI S ENABLES EVERYOOE 10 BE [QUAL GlNERS. THE (HJICES OF WEEKS ~E MADE m A FIRST cor:e, FIP.5T SERVED BASIS AT mE THIE OF PLnrnASE. EACH Glr~ER CREATES HIS om PACKAGE BY USING eNE \-lEEK FROIi EACH SEASCJh PRIME SKI, SUf-lER/FRINGE SKI AND SPRJl./G/FALL. . CHlX'$E mE PRIHE SKI 51 ,52 CHRlsnW) 1 2 3 4 5 6 FEBRUMY 1 8 9 Ul 1Wt(}1 ].1, ].2 13 CHOOSE Am WE SlIVlER/FRIII3E SKI "':]A APRIL 25 JlfIE 26 27 28 JUS 29 qpA~UST . 33 34 35 36 SEPTEIlPER 37 38 "'so DECEM3ER OiOOSE ArN em SPRING/FALL ].5 APRI L 16 :),1 :L8 tlllY 19 20 21 JlJ-lE 22 23 , 24 39 SEPTEH9ER It{) 41 OCTOBER " 42 ' 43 44 45 tDVEI'lBER 46 41 48 :a:CEtlilER 49 "'EXCEPTlG/t JW.CHASERS OF WEEKS 13 OR 51 HAVE FIRST (}(JICE REGARDING :L4 OR 50 RESPECTIVELY. EXHIBIT D fOo .' . ~'" ,-.' :... " ~'~:,T: 'l-", . ;.' .'f........ .... t-, . ". , " t.. "', " . ," ...: '". " ..u',', _I .."..,.",'.,..." , ..:~ ~ . :~<". :.'" " ~ ...::,',,:,:;.;,:.',."~, ,',' .';~l~,'~,: ,..,,:,~,',:..: :.;.~ ,: ~.,.:..:,,~~..!:,';, ~ ~;::.,,;," ::",:",:;,'L' ...,. .. , , I " ;"", ,:'" :':,: ' 'CALENDAR-YEAR " :', ~:;: ,.f~;:~:';~",H; K:" ,.., """., . :'~t'~' . :. :", ;~,' . . ,I, . /-\ ':>: \<~t; " '. '. '::.::~.J ,; .:'''' ~rr , . . .~.~. . . 'I.. ,.... .. ..... ~:'~'.. '.: :"'. ~ '. ~':'r.~' ." . . ~'r . '.'" ..... < ", .;~ '," -', ,~ UnU , . " " , " .... Week .. , , :i:, . '", l~ .... .. : , .... .-,' , Num~r 1083 1084 1985 ' 111811 1097 1 Jan. 2.Jirn.' Jan. 1 :- Jan. 8 " " Jan. 8 . JaR. 13 Jan. 5. Jan. 12 Jan.", Jan. 11 2 .' Jan. 9. Jan. 18 Jan. 8 . Jan. 15 ' Jan. 13. Jan. 20 Jan. 12. Jan. 19 Jan. 11 . Jan. 18 3 Jen. 16 . Jon. :!3 Jan. 15 . Jan. 22 Jan. 20 . Jan. 27 Jan. 19 . Jan. 29 Jan. 18 . Jan. 25 " .., 4 Jan. 23 . Jan. 30 Jan. 22 . Jan. 29 Jon. 27 ; Fob. 3 Jan. 26 .. Feb. 2 Jan. 25 .. Feb. 1 " 5 , Jan, 30. Feb,.8 Jen. 29 . Feb, 5 Fob, 3 . Feb. 10 Feb, 2 . Feb, 9 Feb, 1 . Feb, 8 8 Feb, 6. Fob, 13 Feb, 5 . Feb, 12 Feb, 10. Fob, 17 Fob, 9. Fob, 16 Feb, 8 . Feb, 15 . 7 Feb, 13. Feb, 20 Feb, 12 . Feb. 19 Feb, 17. Fob, 24 Fob, 18. Feb, :!3 Feb, 15 . Fob, 22 8 Feb. 20 . Feb. 27 Feb. 19. Feb. 26 Feb, 24 . Mar. 3 Feb, :!3 . Mar. 2 Feb, 22. Mar, 1 9 Feb, 27 . Mar, 6 Fob, 26 . Mar, 4 Mar. 3 . Ma,. 10 Mar. 2. Mar. 9 Mar. 1 . Mar. 8 10 ' . Mar. 8 . Mar. 13 Mar. 4 .. Mar. 11 Mar. 10. Mar. 17 . Mar.9. Mar. 16 Mar. 8.. Mar. 15 11''- Mar, 13. Mar, 20 Mar, 11. Mar, 18 Mar. 17.. Mar. 24 Mer, 16 . Mar. 23 Mar. 15. Mar. 22 12 ' Mer. 20. Mar. 27 Mar. 18 -Mar. 25 Mar. 24 . Mar. 31 Mar. 23.. M.r. 30 Mar. 22 . Mar. 29 13 Mar. 27.. Apr. 3 Mar. 25 . Apr, 1 Mar. 31 . Apr. 7 Mar. 3O-Apr. 8 ' Mar. 29.. Apr. 5 14 ' Apr. 3. Apr, 10 Apr. 1. Apr, 6 . Apr. 7 . Apr. 14 Apr, 6 . Apr, 13 Apr. 5 . Apr, 12 15 Apr, 10. Apr, 17 Apr. 8 . Apr, 15 Apr, 14. Apr. 21 Apr, 13. Apr, 20 API, 12. Apr, 19 " 16 Apr. 17 .Apr, 24 Apr. 15. Apr. 22 Apr. 21 . Apr. 28 Apr. 20. Apr. 27 Apr, 19. Apr, 28 " 17 Apr. 24 . May 1 Apr, 22 . Apr. 28 Apr, 28 . May 5 Apr, 21 . May 4 Apr, 28. May 3 16 May 1. May 6 Apr. 29 . Mey 6 May 5. May 12 'May4-Mayl1 May 3 . May 10 19 ,May6.Mayl5 May 6 . May 13 . May 12. May 19 Mey 11 - May 16 May 10 . May 17 20 . May 15 . May 22 May 13 . May 20 May 19 . May 28 May 16 - May 25 May 17 . May 24 " 21 .. May 22 . May 28 May 20 . May 27 May 28 .. June 2 May 25 .. June 1 May 24 . May 31 ,22 May 29 . June 5 May 27 .. June 3 June 2 . June 9 June 1 .. June 8 May 31- June 7 :!3 JuneS-June 12. June 3 .. June 10 June 9 .. June 18 June 8 .. June 15 June 7 . June 14 ,24 June 12 . June 19 June 10. June 17 June 16 .. June 23 June 15.. June 22 June 14.. June 21 25' June 19 .. June 26 June 17 .. June 24 June 23 .. June 30 June 22 .. June 29 June 21 . June 28 28' June 28 . July 3 June 24 . July 1 . June 30 .. July 7 June 29 . July 6 June 28 . July 5' 27, July 3 - July 10 July 1 . July 8 ' July 7 . July 14 July 6 - July 13 July 5 . July 12 26 July 10. July 17 July 8 . July 15 July 14 . July 21 July 13 . July 20 July 12 . July 19 , ,29 July 17 - July 24 July 15. July 22 July 21 - July 28 July 20 . July 27 . July 19. July 26 30 " July 24 . July 31 ' July 22 . July 29 July 28 . Aug, 4 July 21 . Aug, 3 ' July 25 . Aug, 2 31 July 31 . Aug, 1 July 2lI . Aug, 6 lIu9' 4 . AU9, 11 IIU9, 3 . IIU9, 10 AU9, 2 . AuO, 9 32 AuV, 7 . AuV, 14 AuV, 8 . AuV, 12 AuV, 11. AuV, 18 AuV, 10. AuV, 17 AU9, 9 . AuO, 18 AuV, i7 . lIuO, 24 . 33 lIuO, 14. lIuO, 21 lIuO, 12. lIuO, 19 AuO, 18. AuO, 25 AuO, 16 . lIuO, 23 " 34 lIuO, 21 . I\uO, 26 AuO, 19 . AuO, 26 ' AuO, 25 . Sep, 1 AuO, 24 . lIuO, 31 AuO, 23 . lIuO, 30 , 35 AuO, 28 . Sep. 4 lIuO, 26 . Sop, 2 Sop, 1 . Sep. 6 AuO, 31 . Sep, 7 lIuO, 30 . Sep, 6 ",36 Sep, 4 . Sop, 11 Sop. 2 . Sep. 9 SoP. 8. Sop. 15 Sop, 7. Sop. 14 Sep. 6 . Sep, 13 37 Sep, 11 . Sop, 16 SoP. 9. Sep, 18 Sep. 15 . Sop, 22 Sep, 14. Sep, 21 Sep, 13. Sep, 20 38 Sep, 18 . Sop, 25 Sop, 16 . Sep, 23 Sep, 22 . Sop, 29 Sep, 21 . Sep, 28 Sep, 20 . Sep, 27 39, Sep, 25 . Ocl 2 Sep, 23 . Sep, 30 Sep, 29 - Oct 6 Sep, 28 - Ocl. 5 Sep, 27 . Ocl. 4 40 Ocl2.Ocl9 Sop, 30 . Ocl ~ Ocl. 6 . 0cl13 ,Ocl. 5. Ocl. 12 Oc1.4.0cl.l1 '.': 41 Oct 9. Oct 16 Ocl. 7. Ocl.14 OcI.13-Ocl20 Ocl. 12 . Ocl. 19 Ocl.l1.0cl. 18 42 Ocll6.Ocl :!3 Ocl14 . Ocl. 21 Ocl. 20 . Ocl 27 Ocl. 19 . Ocl. 28 Ocl. 18. Ocl. 25 43 ..' Ocl. :!3 . Ocl, 30 Ocl 21 . Ocl 26 Ocl. 27 . Nov. 3 Oct 28. Nov, 2 Ocl. 25 - Nov, 1 44' ' : Ocl3O. Nov. 6 Ocl. 28 - Nov. 4 Nov. 3 . Nov. 10 Nov. 2 - Nov. 9 Nov. 1 .. Nov. 8 " " . 45 Nov. 6 . Nov. 13 Nov. 4 . Nov. 11 Nov. 10. Nov, 17 Nov. 9 . Nov. 18 Nov, 8 . Nov. 15 ': '.. '46 Nov, 13. Nov, 20 Nov. 11 . Nov, 18 Nov, 17. Nov. 24 Nov, 16' Nov, 23 Nov. 15.. Nov. 22 ' 47 Nov. 20 . Nov. 27 Nov. 16. Nov, 25 Nov. 24 . Dee. 1 Nov. 23 .. Nov. 30 Nov. 22 . Nov. 29 ' 48:': Nov. 27 . Dec. 4 Nov. 25 . Dee. 2 Dee. 1 . Dee. 6 Nov. 30 - Dee, 7 Nov. 29. Dee, 6 , " .. 49 ... Dec, 4 . O€c, 11 Dee, 2 . Dee. 9 Dee, 6. Dee. 15 Dec. 7 ..Dec. 14 Oec. 6 . Dec. 13 '50 Dec.ll- Dee, 18 Dec. 9 . Dee, 16 Dee, 15. Dee. 22 Oee, 14 . Oec. 21 Dcc, 13 . Oee, 20 , 51 , DeC.1B.Dec.25 Dee, 16. Dee, 23 Dee, 22 . Dee, 29 Dec. 2t .. Dee. 28 Dec. 20 . Dec. 27 52 " Dec. 25 . Jan.. 1 .. Dee, 23 . Dee, 30 , Dec. 29.. Jan. 5 pee. 28 .. :Jan. . . Dec. 27 . Jan. 3 63 - D&c. 30 .. Jan. e , " "f" ~ ';'-:. ..'!i...... -.'. ".' .j,: ,,' . "; 0" " .... .. .. ,...... ,~ , . ,. ~: '.: ~ .' . ;.;. " "";", ~. .' .," ;~, . .','" ,.. -':". " '. .~, . >~ : r,:' : :l~, ' "':", i. ...~ " t;..~., ;-. .!. , ',." ~:' . '.~' . '. .~'. . "," ", ,..,:.;" t.~':: :. .'J, .' . ~, . ~. .... ... -:. ',,' ',,'. .'. . ;., . ...' ~- -... 'c~...-..:~ , ' ~ 'u' .,k................wi...... "..._.J.... ......a.""'""--~. , . ~~. .. .,;. -____0____"_..__.__,, ,____. _ . ..1 Unit Weeks ,~ ~ J. N. McGrath, P.C. Law Offices SECURITY PACIFIC- CONVEYANCES ACCORDING TO TITLE RECORDS Name/Address Date GS Book Page D ----------------------------------------------------------- 106 106 106 106 106 106 106 106 203 203 203 203 203 203 205 205 205 205 205 205 205 205 205 01,24,25 03,33,47 09,19.,35 11,51,52 13 , 1 4 , 48 30,31,49 08,22,38 05,32,39 04,05,24 06,07,43 10,11,37 28,31,49 30,38,39 09,42,52 08,09,2/, 02,31,45 05,34,41 06,27,40 03,33,47 10,25,26 12,39,52 07,37,44 49,50,51 Vierk 02-02-85 , Lafayette, IN Schiavone/Fischer 08-18-84 no address Kugler 01-14-85 Sterling, CO Rosendahl/Eigel 10-15-85 Colo. Springs, CO Barish/Friedman 12-01-84 NJ/PA Frischknecht 03-14-85 Morrison, CO Taylor 01-15-85 Omaha, NB Lancaster 10-04-84 VT Potaks/Riloff 10-09-85 NJ Ross/Wallace 10-09-85 Beth, MD Ross/Wallace 10-09-85 Beth, HD Coon/Low 10-09-85 Horrison, CO Ross/Wallace 10-09-85 liD Johnson 10-09-85 NJ Herritt 03-01-85 IH Skrzypczak 04-30-86 Breckenridge, CO Zukoski 04-30-85 Phoenix, AZ Atwater 04-30-85 Winter Park, CO Rose 04-30-85 L.A., CA Herritt 09-24-85 WI Calkins 03-24-85 Concord, Hass. Fisher 04-30-85 Los Gatos, CA Meneses 04-30-85 Venezuela &;Xti/BIT E 482 482 482 499 482 482 482 482 499 499 499 499 499 499 486 486 486 486 486 499 486 486 486 834 813 839 21.3 898 823 818 828 225 237 221 238 233 229 315 320 325 330 335 220 3/,0 345 351 GS GS D GS GS D GS D GS GS D as GS _ as D D D D GS D GS " ,-.. ,-, 207 05,06,38 Cargill/Wolf 05-16-86 486 350 GS CT 207 02,22,37 Hargreaves/Turek 02-11-85 481 986 GS IL 207 03,27,42 Peterson/Nelson 11-09-84 477 501 GS TX 207 04,30,39 Boyle 08-12-84 476 489 D Denver, CO 207 07,31,40 Kamen 10-21-84 476 468 GS IL 207 08,24,33 Kaufman 09-02-84 476 479 GS NY, NY 207 09,29,47 Smith 08-26-84 476 499 GS Prescott, AZ 207 10, 12 ,23 , Smi th 10-31-84 477 506 GS Carrollton, TX 20'1 11,25,44 Hansen 09-19-84 476 474 D Scottsdale, AZ 207 28,32,49 Coon/Lo~1 08-18-84 476 484 Horrison, CO 207 35,36,48 Ace 09-14-84 476 469 GS Leawood, KS 207 43,50,51 Kelley/Carr 01-28-85 487 434 GS ~I. Lafayette, 1D 207 26,41,52 Stevens 08-17-84 (illegible) GS Greely, CO 302 04,35,49 Goldman 09-15-84 478 465 D Denver, CO 302 05,06,25 Dillon 03-01-85 483 365 GS Bryn Hawr, PA 302 09,22,27 Ruehr 12-14-84 479 556 GS Billings, H'I' 302 10,11 ,40 Prohaska 11-27-84 478 480 GS' Santa Fe, NH 302 13,14,39 Stevenson 07-16-85 491 441 GS Cohasset, HS 302 31,32,47 Perls 12-19-85 478 490 GS Albuquerque, NM 302 29,48,52 Ziegler 09-06-84 478 495 D Denver, CO 302 23,50,51 Horrison 09-22-84 478 485 GS Rolling Hills Est. , CA ' 302 12,30,43 Palmer 12-02-84 478 500 Denver, CO 302 08,24,33 Shelton 10-23-84 478 470 GS Tucson, AZ :302 07,28,41 Sartain 11-17-84 478 475 GS Lake Jackson, TX pm9:forclos2 /\. (~ CITY OF ASPEN .. MEMO FROM STEVE BURSTEIN To: J1);LI( Me ~,.tJ, rrolll: ~t~V( 6uvs hi" RG: rvl/"'~rrfl..b.J"Ullitl ()~jK CfJ(l1(~d d fJ.. frOsff'Jcr OeJc f"~ )jltJU OIl1K ~qllq1> B~ F~ Wfftq~ M'Jt~ ~Whern~ ~ ~5"~~~~ FMb1 tl ~ pMrJ_ ~ ~ ~ 14, ~,JJ4t ~ F~4)Wi6 J~1W' 1/~~ ~ In.J. MJ q .w ~ ukJ, f~~~~uvJ~,~~, t ','" . " I"""", c \ 0 ;,d /not ()Q~~ sJ.~;H,i J.y N;,1I jI,,~,.H ... .~, ~' " 7- lHJt{,<) $ 37 ~-'1-1'& ~(Hj/.), . 'lEE PRDSPECl'OR/ ASPEN em/Iv ~1:>4,~rt SAU:S REPORr ~""Il1.f: llCIOImt 18th, 1985 f3vu. s~iJ 5S 0 --~.~'-~-T~ UUL Of CIDSED CR PI.lRlJlA5IlR llNlT WIlKS PRICE cmJRACI' 'l:Eml NJI: CLDSED \) FRISOlNEQIr 101 50-29-32- 26268.00 08/12/85 OSYRS, 14.9%, P'JMl'S$498.83 NJI: CLDSED F'RlS(llNF.(m 101 4~:D-3L 26268.00 cp'/12/85 OSYRS, 14.9%, P'JMrS$498.83 NJI: CLDSED CAlNS 102 4~50-51. 32500.00 12/19/84 O2YRS, O.Ol:, P'JMrS$looo.00 NJI: CLDSED o m.m: 102 11-12-40 33000.00 03/29/85 lOYRS, 14.9%, P'JMl'S$424.31 NJI: CLDSED sJlg'l ' -'OOMBO 103 4~50-51 35500.00 12/31/84 10YRS, 14.9%, P'JMrS$456.45 NJI: CIDSED f'e' , r?';;.. IlARISIl/FREIrMAN 106 13-14-48 . 29500.00 12/01/84 lOYRS, 14.9%, P'JMrS$189.65 CIDSED o ,,,- '1-,:> SllIWANE/FICSHER 106 03-33-47 23500.00 08/18/84 QSYRS, 12.9%, P'JMrS$426.80 CLDSED ~ KllW:R 106 09-35-19. 29500.00 01/14/85 lOYRS, 14.9%, P'JMrS$379.31 CIDSIlD Im:AS'lER 106 05-32-39' 23825.00 10/03/84 CA9I SAIE CLDSED 0 PAlMER" 106 28-29-42 : 19900.00 08/02/85 lOYRS, 12.9%, P'JMrS$236.76 lOT WlSED 1t TAYUJR 106 al-38-22 29500.00 01/15/85 lOYRS, 14.9%, P'JMrS$379.31 CLDSED VIERK 106 01-24-25 23500.00 01/02/85 OSYRS, 12.9%, P'JMl'S$426.80 CIDSIlD ~} ilIIIRD" 203 03-13-36 38750.00 00/lS/85 lOYRS, 12.9%, P'JMrS$461.04 -im' ~ CXXN' 203 31-4~28 26440.00 cp'/1O/85 lOYRS, 12.9%, P\HI'S$314.58 1m SI:BSIlP JOIlNSON* 203 09-52-42 46979.00 07/22/85 O3YRS, o.rot, P'JIll'S$848.23 .lIl'f SI:lIIm' J l'OTOR'" 203 04-05-24 31000.00 CP,/07/85 0S'lRS, 11.4%, ~!l'S$544.17 .tIii@~ BOSS/WA'LLACE: 203 10-11-37' 29500.00 03/24/85 lOYRS, 14.Ol:, P'JMrS$297.72 N9'f ngC!!:'1'\ mss/WAUACE 203 :D-38-39 29500.00 03/24/85 lOYRS, 14.0%, P'JMrS$297. 73 N3'i' GCBSIm () BOSS/WAUACE 203 06-07-43 25000.00 cp'/1O/85 CA9I SAIE 1m' S:.SSim .,. A1WA:IER 205 06-27--40' 31500.00 04/20/85 lOYRS, 14.9%, P\HI'S$405.02 CIDSED CAU<INS 205 52-12-39 39600.00 03/24/85 lOYRS, 14.9%, P'i'Ml'S$509.12 CLDSED 0 ""'FISHER 205 07-'Yl-44 31500.00 01/29/85 lOYRS, 14.9%, P'JMrS$405.02 CIDSED MENE'SFS 205 51-50-49 31950.00 12/30/84 CA9I SAIE CLDSED MERRlTr 205 10-25-26 2600Q.00 00/01/85 CA9I SAIE }14'iilllll!_ :) MERRlTr 205 08-{)9-24, 38760.00 02/04/85 OSYRS, 12.0%, P'i'Ml'S$56O.43 CIDSED lEmSE 205 03-3~7 29500.00 02/ U/85 lOYRS, 14.9%, P\HI'S$379.31 CIDSED ltSI:RZY!'CZAK 205 02-31-45 29500.00 04/30/85 lOYRS, 14.9%, P'JMrS$379.31 CIDSED 'J ~SKI 205 05-34-41 31500.00 01/24/85 lOYRS, 14.9%, P'JMl'S$4OS.02 CIDSED '. Ja. 207 35-36-48 23440.00 00/14/84 01YRS, 0.0l:, P\HI'S$976.67 CLDSED IDU 207 04-30-39 26500.00 cp'/12/84 lOYRS, 14.9%, P'JMrS$340.73 CIDSED 0 CARGIll. 207 QS-{)6- 38 28500.00 03/14/85 ClISII SAIE CLDSED CARR 207 51-50-43- 30875.00 01/31/85 ClISII SAIE CIDSIlD ',HANSEN 207 11-25-44 30500.00 00/19/84 Ions, 14.9%, P'JMrS$392.16 CLDSED :) 1lARGREA.VES/1UREK 207 02-37-22 26500.00 02/ 14/85 lOYRS. 14.9%, P\HI'S$340.73 CIDSED KAMEN 207 07-31--40 27075.00 10/24/84 OlYR, 0.0%, P\HI'S$U28.18 CLDSED KAlJEMIIN 207 al-33-24 28500.00 cp'/24/84 lOYRS, 17.0%, P'JMrS$299.65 CIDSED 0 PEl'ERSON/NElSlN 207 03-27-42 26500.00 11/00/84 1OYRS. 14.0%, P'JMrS$194.CP, CLDSED SHIm,AL 'lJ:J1 10-12-23: 34616.00 10/31/84 lOYRS, 14.0%, P\HI'S$320.10 CLDSED SHIm, PAT 207 09-2'H+7 30500.00 08/26/84 1OYRS, 14.9%, P\HI'S$392.16 CIDSED 0 0 0 (j) U t/,~ . ,.- ." ......, r-- ~. ^ " rn:vENS 2fJ7 52-26-41 325<XJ.00 re/18/PA orms, 0.0%. l"lMl'S$1;345.16 CLOSED IlILl.OO 302 0s-<l6-25 34600.00 02/'13/85 CASH. SALE CLOSED I aJLl}lAN 302 04-35-49 28500.00 rJiJ/1,8/PA 07'lRS, 13.9%, P'JMISS426.01 CLOSED KlRRlSCtl 302 51-50-'13 34500.00 rJiJ/19/PA 10'lRS, 14.9%, P'JMISS443.60 CLOSED j pAUlER 302 12-30-43 30500.00 12/C12IPA 10'lRS, 14.9%, l"lMl'S$392.16 CLOSED \ ! PERLS 302 31-32-47 25040.00 f13/l:J/84 10'lRS. 14.9%, P'JMISS321.96 CLOSED ( ; PRQlASKA 302 10-11-40 37500.00 1l/27/PA 10'lRS. 14.9%, l"lMl'S$443.60 CLOSED , JlElR 302 C1?-27-'2r 32500.00 12/ 14/PA 10'lRS, 14.9%, l"lMl'S$417.88 CLOSED j SI1El1XlN 302 f13- 33-24 30500.00 ll/Ol/PA 10'lRS, 14.9%, l"lMl'S$392.16 CLOSED 1 SAP:l'AIN 302 07-28-41 : 29500.00 1l/17/PA 07YRS,13.9%, l"lMl'S$440.96 CLOSED \ !l'IMllSCtl 302 1.3-14--39 1iJ7oo.oo 03/27/85 03'lRS. 0.00%, PlH1'SS847.92 CLOSED ,1 ZIEGU1t 302 52-29-48 27600.00 rJiJ/07/PA 07YRS, 13.9%, P'JM[SS515.70 CLOSED ! ANllEPS 304 , 52-49-32 . 37500.00 12I29/PA Q5"lRS, 12.9%, l"lMl'S$681.06 WI CLOSED ; K:XJRE,JAN" 304 15-36-48 27144.00 07/26/85 03'lRS, 0.00%, PlH1'SS603.22 WI CLOSED , NASI!" 304 50-40-09 . 39066.30 07/'25/85 10'lRS, 12.9%, P'JM[S$464.80 WI CLOSED 'IlJ!AL SAIES 1650896.30 *N:J'm: SAIES T!IAT BAVE WI PASSED llEP~<UOO, . t . , 0 0 0 0 - 0 0 0 0 0 - ,..". - , -, ~ - (' !~ ~ i] MEMORANDUM TO: FROM: Aspen City Council ~ Hal Schilling, City Manag Steve Burstein, Planning 0 ice ~ THRU: RE: Prospector Lodge Timeshare - Request for Amendment to Timeshare Conditions DATE: February 4, 1986 -~-------------------------------------------------------------- ---------------------------------------------------------------- SUMMARY: The Planning Office recommends amending Conditions 6, 9 and 13 of the Prospector Timeshare approval as requested subject to the two conditions listed below. APPLICANTS' REQUEST: The applicants, Security Pacific Finance Corporation and Merit Investment Company, request: (1) to eliminate the requirement that eight (8) timeshare packages out of 15 be sold prior to closing, set in Condition No. 13; (2) amend Condition No. 6 to reflect the Code amendment regarding inspection trip approval through Ordinance No. 67, Series of 1985; (3) delete Condition No. 9 naming the party responsible for the marketing program; and (4) amend Condition No. 27 to allow rental money from the rent of unsold units to be used for payment of debt as well as maintenance. BACIGROUND: In 1983 and 1984, the Prospector Lodge Timesharing proposal received a recommendation of approval by the Planning and Zoning Commission but was denied by City Council. On May 29, 1984, Council reconsidered and approved the timeshare proj ect. Thirty-four (34) conditions of approval (see Attachment "A") were attached to approval of the condominiumization plat. During the Annual Timeshare Review conducted by the Planning Commission on August 20, ]985 and City Council on September 9, the Prospector management requested some general response to eliminating the ClOSing requirement, labeled the "rule of eight". Both the Planning Commission and Council indicated willingness to consider easing the requirement through an appropriate applica- tion for a change in the conditions of approval. An application was received during the discussion of Ordinance No. 67, Series of 1985, which amended the timeshare ordinance with regard to inspection trip limitations and the annual licensing fee. .~ ...,. " APPLICABLE SECTIONS OF THE CODE: Section 20-24 of the Municipal Code establishes regulations of timesharing as a particular type of condominiumization -- and more broadly, subdivision-activity. Section 20-24(E) states the standards and review criteria for timesharing according to which the effect of amendments should be examined. The legal vehicle for timesharing is the condominiumi- zation map, as described in Section 20-23(A), Lodge Condominiumi- zation. The application before you is for an amendment to the conditions attached to the approved condominiumization map. Timeshare is a conditional use in the Commercial Core zone district. Section 24-3.3(c) provides that the Planning Director can make the determination that the proposed modifications are not substantial, do not have significant land use implications and need not be reviewed at a hearing before the Planning Commission, therefore, the request has been handled as a one step subdivision exception application for City Council review. PROBLEM DISCUSSION: When the Prospector applied for timesharing in 1983-84, City Council had recently passed the Timeshare Ordinance and was very cautious about the potential harm of such projects on the economy, reputation, and land use patterns of the City of Aspen. The Ordinance contains strict requirements and the conditions of approval for the Prospector incorporate safeguard measures intended to ensure that the proj ect would be properly operated and marketed. Most of these conditions of approval directly reflect provisions of the Ordinance. Condition No. 13 was passed primarily to give Council a comfort level with the economic viability of the Prospector project. Council's concern was protection for the buyers and developer in the case that either the developer walked away from the proj ect or other timeshare package purchases walked, leaving the remain- ing purchasers and the developer to shoulder the costs of operation. The applicant claims that this requirement is counter-productive and actually jeopardizes the viability of the project. The applicant believes that with free reign over the use of sales money, a greater commitment to the project operation and payment of debts can be made. Furthermore, there are State consumer laws and the policies of lending institutions to address the protection of parties involved in real estate transactions. According to information provided by Merit Investment last July and by the applicant's attorney in February, the following characteristics of the Prospector project are tabulated: 2 ,...... ,'i. Project Summary Project Sales Summary Timeshare Packages Timeshare Packages Sold Timeshare Packages Closed Timeshare Packages Under Cont ract Percentage of Total proj ect Sold Based on the decreased number of timeshare packages under contract, it is obvious that the Prospector is in a more precari- ous situation now than it appeared to be last JUly. We suggest that one reason may be the closing restriction; and that elimina- tion of this restriction; may be even more needed than previously to help the project. On the other hand, elimination of the restriction may cause those buyers with packages under contract to totally lose their investment if the project fails, when the money would be in escrow otherwise. We present this analysis so that Council can evaluate these risks and the potential benefits in making a decision on the applicaitons request. Units Units Closed 19 4 July 1985 285 92 Feb. 1986 285 46 37 55 37 9 32% 16% It appears that there are other prOblems in selling Prospector timeshare packages besides Condition No. 13, "Rule of Eight", including a soft market and possibly the marketing techniques employed. However, at this time the City's interest appears to be served by easing restrictions on closing to help the proj ect succeed. If the proj ect continues to be used and maintained, taxes are paid, and local debts are paid in part or full, then it appears that the community's welfare is being served. We are not guaranteed that by granting their request that these benefits would all be realized. Given other protection in the City timeshare ordinance, City conditions of approval, State statutes, and bank policies, we feel that the effect of doing away with this requirement would not unduly jeopardize the public welfare. The applicant should disclose current information about their marketing and sales program inCluding how packages are composed of intervals, packages remaining for sale and management of escrow accounts so that the City can ensure that the Code and the other conditions of approval are being adhered to. Regarding the other requests by the applicant, we have the following comments. The Planning Office agrees that Condition No. 6 should to reflect Ordinance 67, Series of 1985 amendments. transportation, lodging . . . " should be deleted. Condition No. 9 should be changed to name the current Plan be amended "Giving of 3 ,...., r), I Manager. As the management is likely to change again soon, the names should be left open until the new manager is under employ- ment. No change is necessary in Condition No. 27. It presently allows the developer to use rental money for non-maintenance expenses as long as "any maintenance which may be necessary" is paid for first. ADVISORY COMMITTEE VO'1'E: expedited review, therefore, was accomplished. RECOMMENDED MarION: "Move to approve amendment of Condition Nos. 6, 9 and 13 of approval for the Prospector Timeshare as follows: This case is being handled as an no review or recommendation from P&Z 1. Amend Condition No. 6 to take out reference to transporta- tion and lodging gift prohibition. 2. Condition No. 9 should contain the correct names of the current Plan Manager; 3. Deleted Condition No. 13; and subject to the following conditions: a. The applicant shall provide the City Manager I s Office with current information about the Prospector I s marketing and sales program including: i. The composition of weeks in timeshare packages; ii. Packages remaining unsold, and iii. Management of escrow accounts. This information shall be submitted within sixty (60) days of this approval. b. An amended Statement of Subdivision Exception, reflecting the changes to conditions of approval, Nos. 6, 9 and 13, shall be submitted to the satisfaction of the City Attor- ney's office." SB.8:jlr 4 rOO' ~1A-,.) /, tr..~hm~}-I] fit l..-Thc applictlnt will amend the ! 'the following: ,..,,-,-, C?~._"'" .....,----'......-'-' condomi.nium plat to include '''I' .a. ,Reference encroachment license <J'rantec1 by COl1l''lcil for t,he rock fa.cac1e stairs on the north frontage; b. Indicate book and page of easements for the transformer in any vaults or pedestals on the property; 2. The applicantfs land,scapeplan \'1ill require final approval o.f compliance by the Parks Di.rector. The plan should be all9men.ted to include the follo"ing: a. The additi6nal side"alk spur on the "est end of the alleY; b. r~%1gation of the planting areas along the "est and n.o,r.thfrontages to maintain trees in those locations. 3. The applican,t must provide sixteen (16) on-site underground parki.ngspa,ces. 4. The' B,~o,ject must, include amenities as proposed including a S\!n.g,.c.k on the third floor, on-site parking, lobby, and uI:!-itame,nities including a hot tub, sauna, wet bar and m,a,so,r;'lxy fireplace. 5. Occupan..cy by a timeshare owner is limited to thirty (30) clays 'I?e!;ow.en December 10 and llarch 26. 6. kl0 )."robibited marketing practices "ill be a11o",ed including the giving of gifts in a deceptive manner, use of public malls or streets for sale, phone solicitations to visitors at other lodges, or the giving of transportation, lOdging or O,ther gifts valued in excess of $100.00, Tbe nineteen (19) renovated units found in the Prospector mUs.t each b. split into fifty-tl'IO (5?) "eeks. Seven (7) \'1cceks 'must be re served for the m.nintenance of the proj ect. Fp.Mr (4) of these seVen (7) .\'leeks must be used exc'lusively fortnl3,intenance \'lith no rentals or other uses al1o\>1ed. T,\",09.f toe four (4) \'leeks mLlst be in the spring \'lhile the rem,aining t"o (2) "eeks must be in the fall. The remaining forty-five (45) weeks must be sold as propoced in three (3) "eek timeshare packages. Each three (3) l'leek package m,U):!!tcont~in a peak sLlmmer/off-winter '<leek, and an off s,eIlS"-n l'l!\,ek in either the spring or the fall. 7. a' 8. No right-to-use timeshare leasehold >lill be a11o>led. All Pro.sp.eo.,!;oo.r timeshare interest sales must be on a fee o"nership bas,is. 9. Timber ,Rlln Realty and Terry Liming as plan Hanager and 10,o.al co!'tao.t I<ill be resp,onsible for the marketing program for tne P.rospector. The marketing program identified in tbe. timeshare application must be adhered to. R.. 10. lis proposed, the applicant must establish four ac.cO\ln.t.s for opera.tion of the budget system. tbes,e accountS have been established must be (4) banking Proof that documented 'ag~ 3 1""'\ .. 7J; If, - to the Cit-y of Aspen when such accounts are established. ll.. Th~ issuanc~ of a C~rtificat~ of Occupancy Hill be sufficient to meet the requirements of Section 20-H (F) (2) o. the Code regarding th~ useful lB. o. mechanical and electrical equipment in the Prosp~ctor. 12. Th~ mandatory tVIO (2) month deposit and any dOHn payments m~de in conjunction with the purchase of a timeshare unit must be held in an eSCrO\'l account l11"l.til closing or the issuance of a Certificate of OCcupDncy, whichever is later. The escro,w agent must be a title cOl7lpany in Aspen I a neutral third party. 13. No closing will be allovled until at l~ast eight (8) of the to,tal fifteen (15) timeshare packages are sold for any given un ,i t . 14. Wh~n closing occurs, the declarant as well as the new timeshare o,.,ner~ m..u,st then begin to pay their que.rterlY ass"essment fees for that unit. For any unsold units the developer is respo,nsible for operating costs, 15. The Interior Reserve Fun,d and the Exterior Reserve Fund, bo.to e~'p)e,nditures itemized in the maintenance/assessment fees, cannot be reduced or suspended during the first five (5) years a.fter the first closing. 1IJ.l other expenditure item.s uS..ed in the calculation. of the assessment fees can b.e adjusted with the approval of the ooo,rd of l'lanagers. The: m,oneydes ignE\tcd for the reserve funds must al\.,a~tS be h.e.ld in escrOI< to be used as needed for interior and exterio,r repairs and maintenance. Designated monies going into the res~rve fund (estimated at $10,000 per year) cannot be redu,ced "r eliminated until the fund has accumulated $50 , 00.0. 16. The Prospect.or timeshare units are limited to six (6) occupants at <\)1Y one t iwe . 17. The applic.l1nt "ill submit a fifty (50) year ,loed-restr iction fo.r th~ ewplpyee unit (HOO) meeting the form and standards pf the ,.ttorney's Office. 18. The ""ners are required to o\'ln the common areas and common am.e.nities in the Prospector Lodge and this must be reflected in the app.ropriate documents. 19. Tflj;! B,p,axc1 of' t.1anagers rilllSt Clesignate a local managing age,nt. 20. One deed must be conveyed for each three vloek package so that:. week,s are never sold individually. 21. R~ferences must be made throughout the application and exhibits attached to indicate that the project is subject to all of the requirements in Section 20-24 as "011 as the State Ti.meshare La\'ls "hich are already specified in tho sp,plicatipn and attachments. 22. Th,e financing for the Prospector must be e>:presslY subject to all restrictions placed on the project, 2:3. The applicant must provide satisfactory hanc1icap access t,o th~ first level of the Prospector Lodge by installatipn of a handicap lift or by such other means as may be approved by the Aspen Building Department. In addition, the applicant shall make two (2) units on the first level of the Prospector L,p,dg,esui table for handicap use. 24. The plan manager or the managing agent must apply for and shPVI evidence to the City of a Colorado State Sales Tax c"'." ."~ ,.... ", ..,~ - .~ J\ ::\~ . oJ" I ,,,,,,,", ,-. r' '-, I<.ge 4 be applicable to any short term rental of these units. A required re.al estate transfer tax "ill apply to initial and subsequent sales of the tim~share interest and "ill be collecteaas is done in any other real est~te transaction. 2.$. The Prospector Disclosure State!:lent, the Pros[lector Condominium Doc,~ments entitled Fractional Estate Declaratiol1, the Prospector A.rticles'of Incorporation of the Fractional Otmers Association, ana the By-Laws of the^~sociation as well as a sample purchas,econtract mllst all be "amended to reflect the conditions d approval placed on the Prospector through the approval p.r'ocess.. The Planning OfficE! and the City r~ttorney's Office mus,t both review and approve the final documents to ensure th~ changes ana clarifications arc accurately m~de. 2u. Any further updating or amanding of the approved timeshare documents must be approved through the City according to the requirements of Section 20-24 of the subdivision regula- tions. 27. The declarant may rent unseld units but the rental money must go to\olard any maintenance \-1hleh may be necessary as a result of the unit's use as D rental. 2a. The applicant 'must clarify throughout the timeshare application refer~nces to timeshare units versus references to timeshare intere,sts. 2.9. Thirty percent (30%) of the qualified voters (present or represented by proxy) of the Factional O"ners Association ~~st be present to obtain a quorum. 3,0. The own.ers may not lease the common elements or amenities Cexcluding the employee unit) whiCh they 01''" as was proposed in. the application. 3.l. To ens\!re compliance "ith the proposed marketing program, t,hl! applicant agrees to post "ith the City suitable security in the amount of a $20,000 irrevocable letter of credit. ~~. Full details of ' the RCI exchange program (cost, procedures, ~the~ ~rojects involved, confirmation percentages, etc.) m,u.St be. provicled to the purchasers of Prospector timeshare interests. 3:$,. As:s-essrnent fees canno,t be increased \'/ithout \Hitte-n notice being given to the Owners thirty (30) days prior to the effective date of the increase. Such "ritten notice must explain the reason for the increase and document the need f.or th,e increase. :\,h The applicant must submit to the Finance Director the license fe.e re.quired by Section 20-24 (S) of the Nunicipal Code, to be paid on a pro rata basis for the remainder of 1984, currentlY estimated at 52950.00. Prior to obtaining the license from the Finance Director, the applicant must first pay the outstanding fees o"ed to the Planning Office, currently estimated at $2990..00. The applicant 'shall annually obtain a n~w license from the Finance Director on or before January 1st of each subsequent year. .... -_.~ ,,":"'~"~~,l, - r-- 1__'\ 130 asp SPEN CITY reet 611 V &@&D~& JlNZ/&1t; ~ MEMORANDUM DATE: January 20, 1986 TO: Planning Office FROM: City Attorney RE: Prospector Lodge - Request for Amendment to Timeshare Conditions The request appears appropriate in view of the problems which apparently have resulted from the condition and the City Council's willingness to relieve the project of this imposition. PJT/mc 3F .;-., "' I""'j'f i , ~IO,xwmuM TO': FROM: RE: , City Attorney Steve Burstein, Planning Office Prospector Lodge - Request for Amendment to Timeshare Conditions DATE: January 8, 1986 ===================================================================== Attached for your review an application submitted by Nick McGrath on behalf of his client The Prospector Lodge (Security Pacific Finance" Corp.), requesting an, amendment to Condition No. 13 of the Conditional Use (timeshare) and Subdivision approval grant by City Council on ,May 29, 1984 to The Prospector Lodge. This. condition allows that no closing may take place ,until eight (~) of a tptal of fifteen (15) timeshare packages' are sold for any given unit. " ' Pleal?e review this material ,and return your comment s to the Planning Office no later than January- 28, 1986, in order to give this otace adegilate time to' prepare for its presentation before City Council ~ f: I '-Ii , . 'f,'O,/O Thank you. ; "".;~ " ~. ~ Last Telephone Unit WK WK WK Clos Frischnecht 303-236-1394 101 49 30 31 N N/t+ 'Frischnecht 303-697-8129 101 50 29 32 N Blake 102 11 12 40 N 'i-3-'il~ Ca LDJtL____,__ 305-331-6223 102 49 5!L_5.l...ti_1.~-I' :,j'!,_.___...._.. Barish/Friedman 609-921-3022 106 13 14 48 Y KugTer:.----------,. 106 9 35 19 Y [ancast-er----802-67t='5'iOT-T06---S--'32--39"y--.------ Pal mer 1 06 28'-29-42N"'F~:~<5'-"'-"'-" 8hivoane/Fische 106 __ 3 _q,l_.~.L'L '...,....___ Taylor 402-455-1348 106 8 38 32? 1.15-G \)! erk -----J:iT6:::---..--.....-.nrr'....--.-124-25.'Y................'.."..-'.--'- Baird 203 3 13 36 ?NfA--------' Co:D,'n::::::==-=......30~-697:1633 _20{=. 31 ~ 4f,....,,28 _L,J.ilir-- Johnson 210-297-5070 203 9 52 42 Y Potok -"".-~---.. 20T----'4--S--24T----...-" Ross/Wa 11 ace 203..".__6___L. 43__.?..,:I:b;,.:..~.,___..._..., Ross/Wallace 301-46<;'-9699 203 10 11 37? '1-?..gS Ross/l~all ace 203 30.. -38"'39'1--q-::-:3.:i;'$'...'--..----.. Atwater 303-726-5775 205 6 27 40 Y Calkins 617-732-1407 205 52 1239'Y,..--..---.. F! sher 408-395-T470 205-- 7 37 .44Y..-----'....... Meneses 305=qs4-8718 205 51 50 49 Y t'lerr i tt 205 8 9 24-? Merritt 715-839-5222 205 10 25 26 Y ROse---':--" 213-473-7796 205 3 33 47,Y Skrzypczak ,7-;, >'$;' "'::3'" 205 2 31 45 Y Z u kosk i 602-953-:.'ii46720:r-...--'5-..344T.'r.--.--'-.-- Ace 913-649-1328 207--35-3'6"4S---y-----.---" Boyl e 303-750-5384 20..7---43Cj'-...39'y..'.'..'..........'..--.-...c..... ~ . -------~~----------'---_....,...._._---'-----~ Carg lTI--- 203-367-4400 207 5 6. 38 Y "..._______._.. Carr .-...."2'or.....5'i-'5o.'i!3.'{....'..-.-. Hansen, 602-998-0442 207 11 25 44 Y Hargreaves,ltu'l"e 312-49':Fi20'T 207 "~--2-'37"-22Y""-'-:=:=-=~ Kamen 312-432-7248-207-" "73140_ Y -"-":="__.____.....__. Rautman 207 '---s3'3------z4 Y I-'e tel" son.lfrefSiin-"'5'IT-734-4311 211"7-='3--27 '-~.f.7-:___.=:--~~-'---- 8m! th, A 1 214-689-576~?,.....:.::....LL_!..:f_61....1........._______.____ ::imltn, Pat -- 408-258-2999 207 9 29 47_Y .,__ Stevens 207 52 26 41 Y ,,_.____, D i 11 on -------- 302 56 25 y. ,,____~_.__. ~o I dman ~1T:F3~O~jrlr77302--"4-35' 49 Y- Morrison ......., .302 5-j-'50"23 y---~=~:='.-...-..." PaTITler--------....-----~:==.:3QI==.~j 2'= 3Q~~:=i~=T .==:::=::::..__..___... Per 1 s 505-268-87'21 302... 31 32 47. Y.. _ ...."......... Prohaska--SoS".:s8f:.iTo"Q'c.3oi".jo..-j"j.-4.0"y----.,,-'-'. -- ~,,,._, Ruehl" 406-256:'40'49--'302"--"''9'- 27' 2T'T-====.:.~=-~.___ Sar ta I n 409-238-4292 .3ii'i"-'-.--T-"28...-.41 Y , Sii'O---..---.---...--...."..-"'........'.....----.-'.".-...--..---.-...-....'--......"....,,',,--..-.......'.., _heldon ......,.. .302 . 8 "..33.,.24..1......................., 8tevenso.j)'---.61i=786=i6oo""302-.. -'131-4 39 Y ZTegler----jo 3-388=2.883-302..... '5229"48~{ ....,.......-,...,.., An del'"L_,_.:=-...~I?.::..4z:~:::.1.446. 3Q'C::~-"~2 -:].L=Ii-:~-...::=q~i~-...is.=::. ;;1 dD)"J' '. 1\ ,;J (, I u~, I 0 MfJo" LO' . . Last Telephone Moore Nash ,"""" ,-. Unit WK WK WK C10s 713-333-:266_~_~Q,i.__",l~._.l.6 48 N 7 - 2..& - 'ilS 205-837-9060 304 50 40. Q,~J::!___202j,.:..1~".,_""_. t"""'\. ^ . !Ii Security Pacific Finance Corp. 10089 WILLOW CREEK ROAD. TELEPHONE (619) 578.6150. SAN DIEGO, CALIFORNIA 92131.1690 December 30, 1985 Mr. Steve Burstein Director ASPEN/PITKEN COUNTY PLANNING OFFICE 130 South Galena Aspen, CO 81611 Re: Application of Dece~ber 19, 1985, to Amend The Prospector LOdge Conditional Use Permit Dear Steve: Security Pacific Finance Corp. hereby applies for the referred Subject as it pertains to the elimination of the so-called Rule of 8 Sales of 15 from the Conditional Use Permit and other items made a part of the December 19, 1985 application by Attorney Nicholas McGrath, Jr. We enclose a check for $680 representing the fee involved. It is our understanding, after talking to Thomas Schober of Merit Investment Co. (of Aspen), Inc., that he will be joining Security Pacific in this application. Your assistance in effecting code changes as they affect The Prospector has been appreciated. Sincerely, ,_".,J Project Resort & //) ~ er dministrator Real Estate Financing FDM:klr Enclosure cc: Gary M. Linnabary J. Nicholas McGrath, Esq. Thomas Schober SUBSIDIARY: SECURITY PAClnCCORPORATION r-- .~. ~n,\ J.o ~ iSw..sl.&.,,v c.."'w.r~ ) IJIJ,. t..,.. December 24, 1985 Aspen/pitken County Planning Office 130 South Galena Aspen, CO 81611 D rn@rnDWrn JAN - 61986 'i~ Attention: Steve Burstein Re: Application to Amend Prospector Lodge Conditional Use Permit Dear ~lr. Burstein: Merit Investment Co. (of Aspen), Inc., joins in the application of Security Pacific Finance Corp., dated December 19, 1985. Very truly yours, ;i.~be"~i~ Merit Investment Co. (of Aspen), Inc. TS:nek '_.~...'-._~~ ~._-"-~"---"----'---- r .-. ^ !!:. fi ~:~oO':~!~I' ~ iLW J, NICHOLAS MCGRATH, JR" P,C, ATTORNEY AT LAW 600 EAST HOPKINS AVENUE SUITE 203 ASPEN. COLORADO 81611 December 19, 1985 AREA CODE 303 Aspen/Pitkin County Planning Office Attn: Mr. Steve Burstein 130 South Galena Aspen, Co. 81611 Re: Application to Amend Prospector Lodge Conditional Use Permit Dear Steve: I represent Security Pacific Finance Corp., which is the lender to the extent of over 3 million dollars on the Prospector Lodge timesharing project. This application is to amend the Prospector conditional use and subdivision approval permit as adopted on May 14, 1984. We anticipate that the developer ~erit Investment Co. of Aspen will join application but ask that it be considered whether or not that be the case. By way of background, Security Pacific's note and deed of trust is in default, with over $600,000 in interest currently due. Security Pacific's desire to have the permit amended is a reflection of its security position. The principal reason for the application is to amend condition number 13 that allows no closings until eight of a total of 15 timeshare packages are sold for any given unit. Since Security Pacific's acquisition and development loan is repaid to the extent of approximately 40 percent of the proceeds of each sale this means that money is tied up without paying down that loan. Thus, interest is increasing; in order to recoop the interest, the developer must raise prices, which has an opposite effect of what is intended. We believe there is no sound reason for this so-called rule of eight. As you know it was applied on an ad hoc basis and does not appear in the timeshare ordinance itself. Since once there is any closing and parts of units are therefore timeshared all of the remainder must be timeshared as well under the city's ordinance. Hence, there is no reason of consumer protection or otherwise to maintain this particular condition, which works a hardship upon Security Pacific and the developer as well. By the way, several of the owners who are in limbo, that is who have purchased timeshare intervals but have not been able yet to close - 1 - ---. .-, LAW OF'FICES ,J, NICHOLAS MCGRATH, ,JR. because of that rule have also expressed their view that the condition should be changed on the ground that it ties up their money without the ability to use the units, etc. All in all we would like that condition amended to eliminate any requirement for number of intervals in a particular unit being sold before a closing. The owner benefits by being able to close in the ordinary course and use his interval, the developer benefits by being able to use its approximately 60 percent for sales expenses (and many local sales expenses have been unpaid), and the like, and the lender (my client Security Pacific) benefits by being partially repaid on its loan. It is our understanding that there may be as many as 25 or 30 contracts that are not closed some of which may be lost by the mere passage of time. As long as condition 13 of there are a few follows: we are seeking a change to the rule of eight, or the Prospector Lodge conditional use permit, other amendments we would desire. They are as Condition Amendment 6 Amend the prohibited marketing practice and gifts by deleting it. The new amendment to the timesharing ordinance you will consider in January on second reading will provide the standards in this area. 9 Should be deleted as Timberline Realty and Terry Lining are no longer associated with the project. 13 The rule of eight; discussed above. 27 The use of rents solely for maintenance ought to be broader so that the condition says rent should be applied first toward maintenance then towards reduction of debt. It is our understanding that this amendment is both of a conditional use permit and of subdivision approval and therefore should go to the Planning and Zoning Commission and thereafter to City Council. - 2 - - . .""""" .-, LAW OFFICES J, NICHOLAS MCGRATH, JR, Thank you very much. I look forward to meeting with you soon to discuss this. Naturally, in the circumstances, we would appreciate very prompt processing. Sincerely, I~ U'CwSQ J. Nicholas McGrath, Jr., P.C. cc: Paul Taddune, Esq. pm2: Iberl219 - 3 - READY~~RE MEDICAL C L N C November 7, 1985 Prospector Lodge Attention: Mr. Buzz Fedorka 301 East Hyman Aspen, Colorado 81611 RE: My unit #304 that I purchased in December of 1984 RE: Rule of * 8 that must presently be sold out of 15 before closing can take place. Dear Buzz; I am very unhappy that I cannot use my condominium unit #304 yet because of Some rule that requires 8 out of the 15 time slots to be sold before your company can "close-out" the unit and completely furnish the unit with the furniture, et cetera. As you know, I have already paid a substantial down-payment and have alread paid the closing costs that amounted to a total thus far of almost $8.000.00 (see copy of my receipts attached). I feel that the city ordinance that requires 8 out of 15 be "sold" is very unfair as it makes it impossible for me to use my property until 8 slots are sold in my unit. I therefore can't use the unit that I 'have already paid almoSt $8,000 for for my Winter ski trip, for trips to Aspen during the summer, et cetera. Not only is the city ordinance rule unfair to us owners of units, it is also unfair to the Aspen business community because the business community will be losing out on a lot of business if my family and friends can~t use the unit until some time in the future when 8 out of 15 slots sell. If we are able to start using the unit, I am sure the other owners of units in the Prospector will have their family and friends corning to Aspen year-round to spend money in the Aspen business community. I am very pleased professional attitude. with my purchase Ya'll have been of the unit and with you and your staff's very helpful thus far and I want you to do whatever you can to try and convince the City Of Aspen to repeal the unfair rule. Please let me know if there is anything that I can de from here to help. Sincer.. el~'.,< \U'~ l ' .~ . J /// ../ ..' /I ,--, . /7 J /~/1,,- t1~ .,,/-I.C(t /t<C, Dr. Steve Anders - FUmy, INDUSTRIAL & MINOR EMERGENCY MEDICINE 4101 AIRPORT FREEWAY, SUITE #101 . BEDFORD, TEXAS 76021 .8 A,M,' 9 P,M, 7 DAYS A WEEK. 283'5888 (METRO) 540-4333 ..., ..._.__._",.'4' f"'\ ~ MEMBER ~td 8). _. .-'.. ..... _..' ..,- _m _ _. ..-- _.,. .'- -. ."- =. - ..-; ._ '. M W. Kelley Carr, 8.S., D.D.S., M.S.D. P.....ti.e Limited to OrtJ.odoatica RoLertoon Bldg.. Room 207 216 N. 4tJ. Street P. O. 50", 25 LaIayette. J..diana 47802 November 4, 1985 (317) 742.21" Mr. C. Welton Anderson Ch.ai:rperson, Aspen Planning and Zoning Corrmission 130 S. Galena Street Aspen, Colorado8l6ll Re: TiJneshare Code Arrendrrents November 19," 1985 Dear Mr. Anderson: As an owner of weeks 43, 50 and 51, Unit 207 in The l?rosJ?E:ctor lOOge, I would request you favorably consider Arrendrrents 1 and 2 to Section 20~24--T.i.rresharing of the Aspen Municipal Code. In regards to Arrendrrent 3, I would view the $5,000 annual license to not be unreasonable since it: " 1) Is another wew: of collecting sales tax or preventing loss of revenue from owners living outside of Colorado who might not' report fran rentals made and collected aut of state, and 2) since Point (S), Subpoint (6) says "Licenses shall be granted only if the "project is in CCI:lpliance with the regulations of this section......" indicates costs will be incurrec1 by the City of Aspen in seeing the Prospector project is COllplying with subdivision code 20-24. I have read the Aspen subdivision code 20-24 very carefully and do not see any restriction in the code requiring 8 of 15 units to be sold (escrowed) before allaving closing of the sales. The copy of the subdivision code I have was given to me by the Aspen Planning Office .:j.n ~"Ocj;qber3~"_J.9S5. _ LLthis restriction does"iiJ. fact apply, then I believe it shoUld have been in the code section with the numerous other restrictions. My wife, a Cit~r Council IOOrl'ber in West Lafayette, Indiana, advises me that a restriction of this type would be in the code section of their City Code. My wife further tells me she would be afraid of passing a restriction of this type as being a restraint of trade. Are your restrictions on the nurrber of units which have to be sold before closing the same on the other TiIreshare project (Shadow Mountain Lodge)? The Aspen Daily News, Saturday, November 2, 1985 is -reporting ShaCb.l Mountain Lodge is only required to sell five fractions before closing. A principal of zoning and planning is an "across the board" application of the code or regulations. Are you developing and enforcing your code and regulations equitably? ' My wife, Il\Yself, and two children have been coming to Aspen for many years. I have been Skiing here since 1988. As a family we have spent 9 of the last 11 Christmases in various locations in Aspen. My son has been in Aspen for all of the last eleven 7{ Smile is Happiness ....",' I""', ~ .page 2 November 4, 1985 Christmases. Our visit to The Prospector at the end of October in the "off season" took place 'because of our =ershi.p of a Timeshare unit at The Prospector. Our particular unit was occupied by another owner the previous week. Neither of our two groups of people wo]lld have spent time or noney in Aspen this fall, if we did not = a Timeshare at The Prospector. Timesharing does seem to increase economic activity in Aspen in the "off season". V-::lease help support the viability of The Prospector project by actions which support The Prospectors developer's .opportunity to succeed in his project while also protecting the inany absentee owners of units. '. Aspen .is-'a lovely, wonderfulp-1ace. Although we travel often and'widelYiit is the bnly place where we have ever wanted to go back to so often that we were willing to pUrchase a T~. We are quite happy with our Timeshare unit overlooking Wagner Pax:k..' Sincerely, ~o(k-;. ~ W. KellJl-c>~ \J WKC: pas CC: Mayor of Aspen Mr. Tom Schober, President Merit Investment Co. twJ~~~ , Businesses visi tedr. during our s'ta1i, Budget Rent-A-car, Karl's Drug Store, Aspen Drug Store, crossroads Drug Store, Aspen Mine Co., Little Annie's, Chart House, Red Onion, Hicko:ry Hous!'!, Hills Photo Galle:ry, Aspen Sport, Guido Sport, ~lin Ski, The next ski shop with an Italian ~ name, LaCantina, Cliff's Bake:ry, City Market, Andre's, Cookie ShoP ,and several. waoon' s shops. '" """", -" ~ MEMIER ~d ~= 55. = = - . 'M W. Kelley Carr, B.S., D.D.S., M.S.D. P"olioe Li.iled 10 o.l~odo.li... ,Roberloo. Bldg.. Roo. 207 218 N, 41~ Street P. 0, 80z 2S L.r.yette. I.di... 47802 Novenber 4, 1985 (117) 741.1111 Mr. C. Welton Anderson Chaizperson, Aspen Planning and Zoning Cc:rnni.ssion 130 S. Galena Street Aspen, COlorado 81611 Fe: Ti.mashare Code Al1endmmts Noverrber 19, 1985 Dear Mr. Anderson: As an owner of weeks 43, 50 and 5l, Unit 207 in The Prospector I.OOge, I would request you favorab;Ly =ider Al1endmmts 1 and 2 to Section 2Cl-24-Ti.masharing of the Aspen Municipal Code. In regards to Al1endmmt 3, I would view the $5,000 annual license to not be unreasonable since it: 1) Is another w<r:/ of collecting sales tax or preventing loss of revenue from CMners living outside of Colorado who might not :n:port frem rentals made and collected out of state, and 2) since Point (S), Subpoint (6) says "Licenses shall be granted only if the project is in ccrrpliance with the regulations of this section......" indicates oosts will be incurred by the City of Aspen in seeing the Prospector project is CCI:'Il?lying with subdivision code 20-24. I have read the Aspen subdivision code 20-24 very carefully and do not see any restriction in the code requiring 8 of 15 units to be sold (escrowed) before allCMing clOSing of the sales. 'Ihe ropy of the subdivision code I have was given to ITe by the Aspen Planning Office in Aspen, October Jl, 1985. If this -restriction does in fact apply, then I bel-ieve it should have been in the code section with the nurrerous other restrictions. My wife, a City COuncil rrerri:ler in West Laf<r:/ette, Indiana, advises ITe that a restriction of this type would be in' the code section of their City Code. My wife further tells ITe she would be afraid of passing a restriction of this type as being a restraint of trade. Are your restrictions on the nUlli:ler of units which have to be sold before closing the sarre on the other Timashare project (Shadow M:>untain IDdge)? The Aspen Daily News, Saturday, Noventler 2, 1985 is :n:porting Shada.t M:>untain I.OOge is only required to sell five fractions before closing. A principal of zoning and planning is an "across the board" application of the code or regulations. Are you develq;>ing and enforcing your code and regulations equitably? My wife, Il!iself, and two children have been caning to Aspen for many years. I have been skiing here since 19B8. As a family we have spent 9 of the last 11 Olristmases in various locations in Aspen. My son has been in Aspen for all of the last eleven 71. Smile is Happiness . .. ,,...,, ,..." Page 2 NOvember 4, 1985 Christmases. Our visit to The Prospector at the end of Oci:d:ler in the "off season" took place because of our amership of a Timeshare lmit at The Prospector. Our particular unit was occupied by another amer the previous week. Neither of our two groups of people would have spent ti.rre or noney in Aspen this fall, if we did not am a Timeshare at The .Prospector. Timesharing c'bes seem to increase ecx:l!lanic activity in Aspen in the "off season". J/ Please help suPPort the viability of The Prospector project by actions which support The Prospectors developer's opportunity to succeed in his project while also protecting the many absentee amers of units. Aspen is a lovely, wonderful place. Although we travel often and widely, it is the only place where we have ever wanted to go back to so often that we were willing 1:0 purchase a Timesham. We are quite happy with our Timeshare unit overlooking Wagner Parle. Sincerely, , /( Lu ttel /"\, W. Kelley Carr \ / '-(_.'f.- '\, WKC: pas cc: Mayor of Aspen v'Mr. Tan Schober, President Merit .Investnent CO. &...10 (,'(-1. :...:.......;.'....) ~,y'........,t.<,.. ~I Businesses visited\during our stay, Budget Rent-A-Car, Karl's Drug Store, Aspen Drug Store, Cross~ Drug Store, Aspen Mine CO., Little Annie's, Chart House, Red Onion, Hickory House, Hills Photo Gallery, Aspen Sport, Guido Sport, Haelin Ski, The next ski shop with an Italian type nane, LaCantina, Cliff's Bakery, City Market, Andre's, Cookie Shop, and several wanen' s shops. r-, r-, ~'.;. -. "'::'';''A.:lE CG. REPHESENTA:f~V2S Fon E"-ECT::-:CAL . _ 31:i7Au:i.wOOG Ct. uubilf~. CEliO 43n17 6:4a764-3;rOJ 74:29 Elmhurst ,'We. N.W, N. Ca.nton. 'Of.l~v o.t4'i'~[) 215-497-%25 "'-'-.-- ::)i~TL~L,"';TiOi\ ~:~<:~.. 3S1~ ?C06:t Df. Dayton,O>dc. (5,C::.~,:: ~ 2::"-29;ja69~2 ASp~n City Council Aspen Colorado 81612 Sep~ember 26, 1985 Attn: Presideet of City Couecil or Mayor ':;e..: }.en:en.; S"~~Gct; Proposed Cbanges ~n Timeshare Ordinance - :,Ote "i.<h interest your discussions conce"."" the above crC:in::dlc,: ~L'. e~fect on buyers of Timeshare units. This was repOrted 1n ~~a S. .2c~, issue of the Aspen Times ~o which we aabscribe. 'Cu ili1gh: De interested in Lhe effects on the buyers such as ~yself, ~ecaase of the inordinate delays in closing We are unable ~o definill:~ :~::.&" our Sprir.g vacations with ou;:, children a:ec: OUr fri~,.::s si::ce 1,C '... ~na~::'e to definitely confirm that We Wi::'. have acc~ss to OUr unit u' ., we ;,.eve closed, This will mean that pernaps 8 people wil J, ::ot b'2 " ever the 2 weeks period with loss of inc0_2 for merchants and the ,~: Erec, v/ e :. a v e had $ iI, 550'. 00 pIt; s c 1 0 sin g. co s t s 0 f U, 7 7 . 3 7 t i EO d up for va::"': :1 <: periods beginning last March ObViouSly we coule use this money fcr ~acy p~r~OS0S, It_i~_2~I_~~~~tanQin~_i!_i~-l~~22_Q~lQ_id_~~~~~_~f_~-22l~ i~Y~_l!_~~~~lf_~~_~!~i~_i~!~E~~!_!~_~~E_~~~~~~!~ T~e delBYS also interfere with our payoL~ plan~ to ~uy off OUr ~0_:S2Z3, I~ fu~ure deliberations please consider these effects on other bUY0~s, c~ POtential bUYers,and t~e way it imp~cts On the developers ability to see: aU61~ionel units and promote tee whole concept. My family, and friends, are lOOking fo;:,ward ~0 the use oc OUr Ka~ch &~d hope we will not have to 10 el'~here, We are thrilled prospects of owning a piece of Aspen if ~, v f~ several weeks, yea:-s of visiting it would be great to 1::'''0 "Our Own Place,." u:-~:;. -c. ..... "','C' h<;.:., ... at ':1:2 Afte:;: 2~. cc:Buss Fedoxkar We are still looking -!for ':tne... Lis t of furniShJ.ngs ..for the uni t,. ....-;":.../ .~,~ / Sinc~relY~........p' ~~,~ /..r: ,'" .....~ ,,"', ~i:f;/~~)/"/,~~4';;'~L';'~'.. Li:l & Xarie Blake -;,.:..-