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