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HomeMy WebLinkAboutcoa.lu.tu.Co Riff Raft.A24-96 2735-131-14-003 DATE RECENED: DATE COMPLETE: PARCELID# 4/2/96 CASf'OAD SUMMARY SHEET - CITY ~SPEN CASE # A2;~:~ ~ . STAFF: ~acknel ~ PROJECT NAME: Colorado Riff Raft Parking SPA overlay-- Temporary Use Permit Project Address: Comer or Juan and Aspen Streets APPLICANT: John Erspamer .- Lj" AddresslPhone: 534 Spruce St., Aspen, CO 81611; 925-1757 c & v \f 5 REPRESENTATNE: same .J. AddresslPhone: same FEES: PLANNING ENGINEER HOUSING ENVHEALTH TOTAL Review Body . . . mI mE REFERRALS: o City Attorney "grCity Engineer ~ Zoning o Housing 1)2SI Environmental Health I ~ Parks DATE REFERRED: 4n- $2100 $105 $0 $0 $2205 # APPS RECENED 6 # PLATS RECENED 0 TYPE OF APPLICATION: Two Step Meeting Date Public Hearing ., . .. ~ .. . .. - ~ N~ / 1sJ Aspen Fire Marshal o City Water o City Electric o Clean Air Board o Open Space Board o Other: o CDOT o ACSD o Holy Cross Electric o Rocky Mtn Natural Gas o Aspen School District o Other: INITIALS: ttH DATE DUE: 1/1/4(p APPROVAL: ~~ 5l13jglt OrdinancelResolution # Staff Approval Plat Recorded: Date: Date: Book , Page CLOSEDIFILED ROUTE TO: DATE: INITIALS: )e.J.I. '7/'1 jq& f . ~ '-, MEMORANDUM To: Suzanne Wolff, Planner Thru: Nick Adeh, City Enginee~t1 Chuck Roth, Project Engineer ~ May 28,1996 From: Date: Re: Colorado Riff Raft Temporary Use Permit Having reviewed the above referenced application, the Engineering Department has the following comments: This application was discussed at the Development Review Committee meeting. The use is an existing use. The Streets Department reported that drainage from washing equipment has not been conveyed to public rights-of-way. The Parks Department reported that they did not know of any problems. The Housing Authority was consulted due to the neighboring Juan Street affordable housing project. They had no comments. The Engineering Department also has no observed problems to report and therefore has no conditionals of approval to propose. M96.161 I .~ .-, ~rf '1-0 MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager THRU: Stan Clauson, Community Development Director FROM: Suzanne Wolff, Planner DATE: May 13, 1996 RE: Colorado Riff Raft - Temporary Use Permit, Resolution No. );J.- Public Hearing SUMMARY: The Applicant (Colorado Riff Raft and LJ. Erspamer) is requesting a temporary use permit to store rafting equipment and vehicles on Lots 7-12, Block II of the Eames Addition, City and Townsite of Aspen, which is located at the intersection of Juan and Aspen Streets. The Community Development Department recommends approval of the temporary use permit for Colorado Riff Raft from May 13, 1996, to September 30, 1996. PREVIOUS COUNCIL ACTION: Last year City Council approved the use of this location for Riff Raft's staging area. BACKGROUND: The Applicant has operated his business in the Aspen area since 1979. In the past, equipment has been stored in various locations: Aspen Highlands parking lot, a property at Race and Spruce Streets, the Little Nell Hotel site, and the top of Mill St. The Applicant is requesting approval to use the site on Aspen St. for the 1996 season. The application states that the Applicant is requesting approval of an SPA overlay for the site, so a temporary use permit would not have to be requested each year; however, that request is on hold at this time while the Applicant works with Savanah Limited Partnership, the owner of the site. CURRENT ISSUES: Letters of support from Lift One Condominiums, Juan St. Condominium Association, Skiers Chalet Steak House, and Aspen Valley Ski Club are attached as Exhibit "C". No complaints were received regarding Riff Raft's use of the lot last summer. STAFF COMMENTS: Please refer to the application information (Exhibit "A") for a description ofthe proposal. Review criteria and staff response are attached as Exhibit "B". REFERRAL COMMENTS: Comments were received from the Parks Department, Environmental Health Department and the Aspen Fire Marshal, and are attached as Exhibit "D". FINANCIAL IMPLICATIONS: There are no discemable public costs associated with this temporary use request. ,-..". .~ RECOMMENDATION: The Community Development Department recommends approval of the Colorado Riff Raft temporary use permit for the storage of vehicles and rafting equipment on Lots 7-12, Block II, Eames Addition, subject to the following conditions: I. The duration of this temporary use permit shall be from May 13, 1996, to September 30, 1996. 2. Raft guides may be on-site from 6:30 AM to 7:30 PM. 3. No raft customers are permitted at this site. 4. The applicant shall manage and conduct its activities as allowed under this temporary use permit in such a manner so as Dotto create or allow a public nuisance as defined at Section 15.04.520 of the Municipal Code and or Section 16-l3-304(1)(a) of the. Colorado Revised Statutes. 5. The applicant shall not create or allow noise levels in excess of those permitted levels as set forth at Section 18.04.040 of the Municipal Cod~. 6. The applicant shall comply with Section 13.08.110 of the Municipal Code, which prohibits the idling of the motor of a stationary vehicle for more than 5 minutes within anyone hour time period. 7. The applicant shall adhere to all representations made in the application and in public hearings: 8. Failure to comply with the conditions of approval or representations made shall be cause for the suspension of the temporary use permit. PROPOSED MOTION: "I move to approve Resolution No. _ for a temporary use permit for Colorado Riff Raft to store vehicles and rafting equipment on Lots 7-12, Block II, Eames Addition, City and Townsite of Aspen." CITY MANAGER COMMENTS: ~. .,-., Exhibit A March 26, 1996 John Erspamer 534 Spruce Aspen, CO 81611 970-925-1757 Aspen Planning and Zoning 130 S. Galena Aspen, CO 81611 AT1N: Mary Lackner Dear Mary, I would like to apply for a SPA overlay for the Tennis Courts parking lot across the street from the Skiers Chalet on the comer of Juan and Aspen Street. During May through October of 1995 we received a temporary zoning variance for this lot for our river rafting equipment and vehicles. Everything went very well during the summer of 1995. We need a place to park our buses, vans, trailers and equipment for river rafting operations in Aspen. We need to inflate and deflate rafts, rig paddles, life jackets, throw lines and other equipment for our trips. We are the only raft company based in Aspen. It is very important for the guests that come to Aspen to have a quality rive:>experience that they expect while visiting this community. This can be accomplished by having our equipment located near our main office in Aspen. The size of the area is about as large as two tennis courts. Some guides report at 6:30am while most report at 7:00am or later to prepare the trips. We will finish the preparations by 8:30 or 9am. The afternoon trips will have the guides report at I 1:30am and depart at about 12:30pm. The trips return between 4pm and 6pm and all guides should be finished by 7:00pm. Periodically we have to be on site throughout the day for logistics and maintenance. The visual and audio effects are at a minimum due to the bushes around the site. The impact is minimal to the neighborhood. Sound will be minimized as the vehicles will park in a perimeter around the lot. This will prevent sound from escaping the area. There is very little traffic at this site due to the dead end of Aspen street at the Lift lA area. There is very little pedestrian traffic as well. The vehicles will drive up Aspen Street from Durant about 1 block. t""'" ,~ We will not use any permanent structures. The neighborhood character will not change as this site has been a parking lot. We will sweep this lot and keep it clean. This will improve the area and the image of it. The proposal will not increase the density in any way. We would like to start on location May 1, 1996. Our lease runs until September 30, 1996. We have a renewal for 5 years on our latest lease with the same dates for each summer. This 5 year lease is very efficient for everyone.~ The use of this lot will reduce the amount of traffic coming into and out of Aspen during the day especially during rush hour. This will be a great asset to the community to reduce pollution and traffic congestion. This use would allow uS'to respond in a more affective manner to our guests and locals for the spontaneous river trip. I have included some letters from the neighbors that approve of the SPA Overlay. We have had a very good relationship with the neighborhood and work very hard to continue this special feeling. We have been in the rafting and outdoor business since 1979. We were based at The Little Nell since we started. We have moved to several locations since Aspen has grown. This area has proved to have the least impact and best reception with the neighbors than any other area. I feel that the SPA Overlay would be the most desirable method for this situation. Ifby some unforeseen reason this is not possible, I would like to request a temporary use permit at this time. Thank you for taking your time to review this request. If you have any further questions, please do not hesitate to contact me. S~l~ eJo- ~ Owner ,.-, "-'. March 26,1996 John Erspamer 534 Spruce Aspen, CO 81611 970-925-1757 Aspen Planning and Zoning 130 S. Galena Aspen, CO 81611 ATTN: Mary Lackner Dear Mary, The following are responses to the Standards of review Land Use Code Section 26.92.020: A. The amendment is not in conflict with any applicable portions of this title. B. 1 believe this proposal is consistent with all elements of the Aspen Area Comprehensive Plan. C. This proposal is compatible with the surrounding zone district as it adjoins the current zoning district to which this proposal is applicable. The neighborhood has been receptive and agreeable to our proposal and past usage. The request is a continuing use of the parking lot. D. This site will reduce traffic congestion by less traffic in and out of Aspen. Employees can bike and walk to work rather than drive their car. There will be less traffic on Highway 82 if this proposal is approved. E. This proposal places no demands on public facilities in any way. It will not affect transportation facilities, sewage facilities, water supply, parks, drainage, schools or emergency medical facilities. F. There will be no adverse impact on the natural environment as the lot is paved. G. This site is compatible with the community character as there will be no change in the site. H. The conditions have not changed the surrounding neighborhood as the lot is the same. I. The site is in harmony as there will be no change to it. (""', .~. Due to the success oflast summer, I feel the site is extremely compatible and correct for the usage I have applied for. Thanks again for your time in reviewing this proposal. Please contact me if you require any further infonnation. sm_'r; &lL ~ ...1_ ".. " ..... '\ ~~. .. ~,'. , '... ", "\ " -~ .\.'~ ' ~~~"'-:...., "..'".................~. ....;0,'. 'S". .. i , i i I \ ,k.~ '\<.~. '~'- 1 \. '\ ".., \'0'5" ~... ,.' ~ \ \,:.- ... (00 '- ,." '.......... '. \~~:~[~~;f0~:1so '~ ""~'- ~,'.'. \ ..~. :::::. . ~.:.. "-~ ''''',', ~":","" 'i", -.' ,"-, .... ":'.7.~:t, ~\.">~.~;....~ 'r : ~_.... "'''''::~I:~ . !~~,~ ;~ ~ ,~ ~:... ,~. '." '~ --. " '. ~. ", .'..... '. ....;, ". ..... -. 03. .. ,jo --.. ' ..'........ , , lY~ "0 .... " \ 94, '" ". ". " ...... \ , \ '. , -- -... " \ , i ". --- , " \. " ........... , '-.,. .~. . '. ........ ..... '. , ...... ". '. '. '. " " , '\ , , , " ". ........ , " '. \" ......... \, '. .................. .--............., .......... ....~ . \ '. '. ... '\ '. ',. '...... \ '. " .... -. '. \\ \ .......... ~....., ' ......... ....., ;::.' .~ .~ Exhibit B ATTACHMENT B" Review Standards for a Temporary Use Permit Pursuant to Section 26.96 of the Aspen Municipal Code, the following review criteria shall be considered for all temporary uses: A. The location. size. design, operating characteristics, and visual impacts of the proposed use. RESPONSE: Colorado Riff Raft is proposing to store 7 buses, 9 vans, 25 rafts and 6 trailers on the site. The site is approximately 18,000 square feet in size, and is used as a parking lot for Aspen Skiing Company employees in the winter. Raft guides report to the site between 6:30 and 7:30 AM to load rafts, paddles, life jackets and safety equipment onto the vehicles, and then depart between 8:30 and 9:00 AM. Guides for afternoon trips report at II :30 AM and depart by 12:30 PM. The vehicles return to the site between 4:00 and 6:00 PM, and guides leave by 7:00 PM. Periodically staffwill be on-site all day for logisitics and maintenance. No raft customers will be at the site. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. RESPONSE: The property is zoned R-15; surrounding zone districts include Park to the east, L/TR to the north and south, and AHI/PUD to the west. Condominium projects, small lodges and the Juan Street affordable housing project are located in the area. L.J. Erspamer has worked with the neighbors to ensure that they are not disturbed by Riff Raft' s operation. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services. noise levels, and neighborhood character. RESPONSE: The Riff Raft vehicles will have very little impact on the traffic patterns in this area, where vehicle and pedestrian traffic is minimal. No municipal services are required for this operation. Noise levels are minimized by the natural vegetation around the site, and the use of the lot for storage and staging creates minimal noise. D The duration of the proposed temporary use, and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the Application. RESPONSE: The permit is requested for May 13, 1996 to September 30, 1996. A temporary use permit was approved for the operation in this location in 1995. E. The purposes and intent of the zone district in which the temporary use is proposed RESPONSE: The purpose of the R-15 zone district is "to provide areas for long-term residential purposes with customary accessory uses." However, since the site is adjacent to a variety of zone districts and is somewhat separated from the adjacent residential and lodging uses, the temporary use seems to be compatible with the area. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed f"""., /.-.-,\ RESPONSE: The use is compatible with the neighboring LffR zone district and serves the local and visitor population of Aspen. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. RESPONSE: Storage of rafting equipment and vehicles for a local business enhances the general public welfare of this community, and does not affect public health or safety. 1"""\ ,-, Exhibit C 1.11''1'0111 FULL SERVICE LUXURY RESORT CONDOMINIUM 131 EAST DURANT AVE. ASPEN. COLORADO 81611 (3Oi3)925-1670 M.eIL- L..,11'16 970 I'D W I-MIV'-- IT 1114 7 C-o/llLE/2-.)II: A- S- iHc J11A.#'ACClElZ of Tlfe L/~r oAle- Co rJ f) 0 WI.. I jJ IIAMS;, I I.,.) ~ .....L6. 0# u:= A&-A-,;I II 0 I CG:" My SI.A...P!o/{T OF l-IAiJ//vc.. C.oLo~..A"~o ,R.(,cr M.c-r- U.$E Tl-IG: /A.te/<I/lf6;- Lor A-l.-.-eos.s F./Loio/L T(-!'"E S j< I r;:,e..s CHA L.ET As rlf(;..u.. Si.A&/N& AeG-A. / de L/ IS ViE" / -r WD ,~.jo;f) WI: LL Us r YtE:_/-Ne. }44IJ wM AL./l.-{4t..c...Y I3G.Ne. ,cIC;.1,- ro TilE H6Iblfl3o.i(l-!-oo.../) _ / WOULb 2NT6Y 1+AtJ/Ilic.- TI+&.. m 13A-c...1:::. m~ A cALL- Ti-l ( S .)(.A...1?'\.Wl G: ft! .. P u;: A- S tE. 6- i ?-' E t..'\J ITH Ajl/r ~ U€STiI:i/I/S ... ~ INU~ ) fVl A-L... T3 0 ~ LIE r0 fVlANA&€~. I /......1 r;, o;../~ ,.-, 1""""\ Ex . .,.8 E I ~ APR 2 2 1996 ~~ ':!I_a '. / ....1'> ~ . ~N /p\1v..' <. Memorandum TO: Suzanne Wolff, Community Development FROM: Rebecca Baker, Parks Department DATE: April 22, 1996 RE: Temporary Use Permit for Colorado Rift Raft CC: Engineering Department We hav~ reviewed the application submitted by L.1. Erspamer of Colorado Rift Raft. We have no concerns with the application as submitted. We would remind the applicant to encourage their employees to not park at the Willoughby Park parking lot. However, to our knowledge this was not a problem last year and the area is signed for 2 hour parking. r--.. ..-.. Memorandum To: Mary Lackner, Planner cc: From: Ed Van Walraven, Fire Marshal Subject: April 12, 1995 Colorado Rift Raft ID# 2735-131-14-003 Date: Mary, No comments other than it would be advisable to have them install fire extinguishers in the vehicles. If you have any questions please call me. Ed '-', ,-., May 12. 1993 . TO: W of Rift Raft ... .. ~ ,'" t X P ~ " To Whom It May Concern, It is with tremendous pleasure that I am writing to you on behalf of LJ of Rift Raft. for whom I have the utmost regard and give my highest recommendation. My organization, "A Grassroots Aspen Experience: was privileged to have LJ and his rafting company provide free raft trips down the Colorado River to over-200 hundred inner-city children for the past three year. In addition, two dozen staff I from his organization volunteered as river gUides and provided instruction without any compensation. His commitment to these special young people exceeded our expectations, from the outset when his organization stepped in, everyone provided a level of cooperation, professionalism, and dedication that made the entire experience for many children an unbelievable success. A Grassroots Aspen Experience is a program that provides economically disadvantaged youth from America's inner-cities and Native American Reservations with the opportunity to have outdoor experiences in the Rocky Mountains, whereby they can develop a sense of responsibility for the environments, a heightened sense of self-esteem, and an understanding of the possibilities which exist for them in life. W's ability to provide a sense of professionalism, as well as tremendous compassion for the youth that participated in the program, manifested itself on many levels. LJ has tremendous compassion for his fellow human being, and will remain in our hearts for some time to come. He epitomizes what volunteerism and community giving is all about and will certainly remain a positive force in the lives of these young people who he became involved with. We wish him the best in all his future endeavors. Sincerely, ohn A. Reid, Executive Director A Grassroots Aspen Experience P.O. Box 10394 . Aspen. Colorado 81612 . (303) 925-6671 . (303) 923-2951 ,-, ~. SA V ANAH LIMITED PARTNERSHIP 1925 Century Park East, Suite 1900 Los Angeles, California 90067 Tel: (310) 229-2929/Fax (310) 229-2939 May 9, 1996 Mr. Stan Clauson Director Office Of community Development 130 South Galena Street Aspen, Colorado 81611 DE'VEloPilIjJ;;'!\l"f Y\,....,.....;..,.,-J", ~:s ,,\~ ~€N/P\"{... Please consider this letter as authorization for Mr. t.]. Erspamer of Colorado Riff-Raft, Inc. to apply for temporary use of tots 7 through 12, Block 11, in the Eames Addition. This would be for staging his river rafting trips for this summer season. Thank you and should you have any questions, please do not hesitate to call me in tos Angeles or John Sarpa in Aspen. Yours truly, SA V ANAH tOOTED PARTNERSHIP, District of Columbia Limited Partnership b '. ENTERPRISES INTERNATIONAL, INC., .. 'ng artner , ORB:yni U:IUSE.RSlClENElV.LIWP\ORBICLAUSON.508 SOOiGOO ~ ysn YM,I!\I 1Y 6G6G6GGOTr. XYd gr:tT 96/60/S0 " \", Attachment 8 County of Pitkin ) ) ) ... AF'IDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATIONS SBC'l'IOH 6.ZO'.E. Stat. of Color.~o I. John Ersoamer being or representing an Applicant to the city of Aspen, personally certify that I have co~plled with the pUblic notice requirements pursuant to section 6-205.E. of the Aspen Land Use Regulations in the following manner: 1. By lIlailing of notice, a copy of which is attached hereto, by first-class postage prepaid u.s. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attaChed list, on the 25th day of April 199~ (whlch is ___ days prior to the public hearing date of May 13, 1996 ). 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) .nd that tho said sign ."' posted .nd visible '-,y" " m the 29th day of April 19<f_, . day of M.y 1.99_~ (Must be I (1.0) before the hearing 1St ten I sign i. attached >graph of I -../ I 51 .. this &- day of. ,U9 . by WITNESS MY HAND AND My PUBLIC NOTICE RE: COLORADO RIFF RAFT TEMPORARY USE PERMIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, May 13, 1996 at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by L.1. Erspamer, Colorado Riff Raft, Inc., requesting approval for a temporary use permit from May 1 to September 30 to use the parking lot on the comer of Juan and Aspen Streets as a staging area for river rafting operations. The property is located at Lots 7-12, Block 11, Eames Addition. For further information, contact Suzanne Wolff at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5093. s/John Bennett, Mayor Aspen City Conncil Published in the Aspen Times on April 27, 1996 City of Aspen Account kf+ ~()Y L.J TOp/a:. U-1<) I 41171q~ M 1""'\ .-., AFFIDAVIT OF MAILING I have oomplied with the notioe requirements of Seotion 6- 205 (E) (3) (C) of the Aspen Land Use Regulations of the' Aspen Munioipal Code by mailing of notioe, a oopy of whioh is attaohed hereto by first olass, postage prepaid, U.S. ail to all own~rs of propert~lwLthin three hundred (300) feet 0 the subjeot pr~perty on Apt"J. 25,;' _, 1996 . ~the foregoing Affidavit o~/~ailing was signed before me this ~ day of /llrJ'f ' /qqc;. WITNESS my hand and official seal. ,~~9,/f~ . .. Noi!~i~$r~ STATE OF COLORADO ) ) SS ) COUNTY OF PITKIN My ~ "......, ~'SAVANAH LIMITED PARTNERSHIP EAM~S ADDITION ELK 6 LOT 1-22 _ 515 '5. GALENA ST. ASPEN, CO 81611 "......, WI LLOUGHEW PARf( CITY OF ASF'EN 130 5 GALENA ST ASPEN CO 81611 BAILEY LILIANN E & BAILEY BRIAN L AS JT TENANTS 117 JUAN ST ASPEN CO 81611 "~ SAVANAH L I ~I ITED PARTNERSHI P EAMES ADDITION BLK 11 LOTS 7-12 515 5 GALENA ST ASPEN CO 81611 ,..""~ . CUMNOCK CHERYL L 8< CUMNOCK ROBERT E AS JT TENANTS PO BOX 9C>68 ASPEN CO 81612 ":1 ASPEN SKIING COMPANY EAMES ADDITION F'.O. BOX 124.8 ASPEN, CO 81612 MC CARTNEY CHARLES H & DAHL-MC CARTNEY BRENDA AS JT TENANTS PO BOX 12106 ASPEN CO 81612 ,1 DOLINSEK, JOHN 50% INT. DOLINSEK, FRANf( JR. 50% INT. P.O. BOX 275 ASPEN CO 81612 Q FLETCHER KAREN K & FLETCHER JAY R AS JT TENANTS 'PO BOX 3476 ( . ASPEN CO 81612 ( . BENSON DEE CHRISTENSEN CINDY AS JT TENANTS PO BOX 11844 , ASF'EN CO 81612 SAVANAH LIMITED PARTNERSHIP EAMES ADDITION BLK 11 LOT 13-20 515 S GALENA ST ASPEN CO 81611 AWREY HOWARD B ~ CALDWELL f(ARI A CALDWELL GRANT L PO BOX 8845 ASPEN CO 81621 ( PO BOX 248 ASPEN CO 81612 ~ HOLLAND HOUSE SKI LODGE INC COLORADO CORPORATION F'O BOX 182 ASPEN CO 81612 JUAN STREET HOUSING COMMON AREA ASPEN/PITKIN COUNTY HOUSING AUTHORITY 530 E MAIN ST , ASPEN CO 81611 LIFT ONE F'ARf< CITY OF ASF'EN 130 S GALENA ST ASPEN CO 81611 ,J ; ~ AWREY HOWARD B . :}' PO BOX 248 ASF'EN CO 81612 :l CONNORS ADD. BLK 1 LOT 12 CITY OF ASPEN 130 S GALENA ST ASPEN CO 81611 i) ASPEN SKIING COMPANY EAMES ADDITION BLK 10 LOT 1-14 F'O BOX 1248 ASPEN CO 81612 ~, " -'- ANDERSON BRIAN W 213 RAYNOR ST ISELIN NJ 08830 GLASER STEFANIE SOKOL 420 E 72ND ST #10 NEW YORK NY 10021 GILBERT DONALD C & NANCY T GILBERT FARLIE INC - CIO 437 MADISON AVE NEW YORK NY 10022 PODSAID PATRICK 2701 S BAYSHORE DR STE 315 MIAMI FL 33133 8M-15 SEELBACH WILLIA - CIO 45000 S WOODLAND CHAGRIN FALLS OH 44022 KLIKA i<L IKA 32415 SOLON R RIGGS YVONNE BURL WOOD DR OH 44139 DINGWALL WILLIAM DINGWALL WILLIAM 717 ARBOR CT BLOOMFIELD HILLS A AGREEMENT OF TRUST A TRUSTEE M I 48304 RYAN ELIZABETH H 1/2 INT COPE G RICHARD & NANCY M 1/2 INT 419 WINNEBAGO DR JANESVILLE WI 53545 L e, R COMPANY HAROLD C LYMAN 20430 LAKEVIEW EXCELSIOR MN PRESIDENT AVE 55331 VENTRES DANIEL B JR 1355 VINE F'L MOUND MN 55364 TUCKER RC DR COLOROW - ATTI\I: 6420 STAUDER CIR EDINA MN 55436 !""""\ c' " KABERT INDUSTRIES INC ~I PO BOX 277 V I LLA PARi, IL 60181 KABERT INDUSTRIES INC AN ILL! NO I S CORP 321 W ST CHARLES RD VILLA PARK IL 60181 '0 LOCKWOOD JAMES P LOCKWOOD ANN T - JT TENANTS 3269 REBA DR HOUSTON TX 77019 ri:} ,,",-, . ') SERRAO PETER R FAMILY PARTNERSHIP 5209 GREENBRIAR CORPUS CHRISTI TX 'j ;) k:ANN TOMAS M (0 809 S ASPEN ST #8 ASPEN CO 81611 78413 co MENDEL 1"1 MARK MENDEL GRACE A - JT TENANTS 809 S ASPEN ST #16 ASPEN CO 81611 ( 0 SHADOW MOUNTAIN CONDOMINIUi"1 COATS REID & WALDRON- CIO 720 E HYMAN AVE ASPEN CO 81611 :f! '~ HANG TEN ADVENTURES GARY NICHOLS CIO F'O BOX 8116 ASPEN CO 81612 ) ELLIS JAMES BYRON 17 1/2 FLEET ST MARINA DEL REY CA ,j 1 BIEL ALEXANDER L BIEL LEE M 381 LOVELL AVE MILL VALLEY CA 90292 94941 BARBEE JOHN W 1/3 INT RUGHEIMER HALLIE B 1/3 INT PO BOX 788 ASPEN CO 81612 ~ r", -'- "- FITZGIBBON MARIA "........ 77 ASF'EN WAY ROLLING HILLS ESTATES CA 90274 CYS, RICHARD L. AND KAREN L. 5301 CHAMBERLIN AVENUE CHEVY CHASE, MD 20815 LERNER, EFFIE M. ECKLUND GEORGE J. LOGAN ATTN: NBD BANK 1603 ORRINGTON AVE. EVANSTON, I L 60204 HILL, EUGENE D. JR. 1/2 HILL, CLAUDIA R. 1/2 3910 S. HILLCREST DRIVE DENVER, CO 80237 f~:LEINER, JOHN P. 55 SECOND STREET COLORADO SPRIN'GS, CO 80906 O'BRIEN, MAUREEN 611 SOUTH MONARCH STREET ASPEN, CO 81611 KLEINER, MARGERY A. P.O. BOX 4191 ASPEN, CO 81612 ..~ ,1 (') (:) -j 1 DAVIS CAROL L :'~\ ';i.1 7711 WESTVIEW HOUSTON TX 77055 Q MONIGLE, ETHEL M. 9 1733 MONTANE DR E GOLDEN CO 80401 EiJl SAIKHON, JEFFREY S., TRUSTEE 7728 LUDINGTON PL LA JOLLA, CA 92037 ~ ~ lUSH, STEVEN S. AND lUSH, ALAN D. ~10 EAST HYMAN AVE #7 ~SPEN, CO 81611 :HIATE KENNETH R :HIATE JEANNETTE W628 ROCKCROFT 1ALIBU CA 90265 ::LDER, JERRY L. 7280 ENCELIA DRIVE _A JOLLA, CA 92037 ELDER, JERRY L. =-.0. BOX 308 LA JOLLA CA 92115 - "-'" c; (,; /..../..' (/.- .j r:, 't;~ . HATCHER HUGH S HATCHER JENNIFER M 2806 DUMBARTON ST NW WASHINGTON DC 20007 .~ '.--. SOUTHPOINT-SUMNER CORPORATION 4828 FORT SUMNER DR BETHESDA MD 20816 TRAVERS OLIVER S TRAVERS MARY JEAN 2427 BOSTON ST BALTIMORE MD 21224 WOLK PAUL 4868 THE DELL LN HUME VA 22639 SCHROEDER C M JR SCHROEDER BETTY ANN 3629 ROCKRIDGE RD COLUMBIA SC 29206 HEFLEY KARL TRUST 8171 BAY COLONY DR #1102 NAPLES FL 33963 HERSHBERGER PHILIP G 2737 CLUB TERR FT WAYNE IN 46804 BOUNDY RICHARD R 66.5% INT ELLIOT LOIS 33.5% INT 906 W SUGNET RD MIDLAND MI 48640 LEVY CARL F TRUST 421 WARWICf< RD f'~EN I LWORTH I L 60043 DONCER JOYCE TRUSTEE FOR THE DONCER JOYCE L TRUST 7641 W 123RD PL PALOS HEIGHTS IL 60463 DIXON ROGER M 6TH FLOOR LEE PARf< CENTER DALLAS TX 75219 DIXON ROGER M AND DIXIE H 6TH FLOOR LEE PARK CENTER 3141 HOOD ST DALLAS TX 75219 -" ',,- 1 CALDWELL DEBRA CALDWELL ~.RLES 625 AUSTIl\, .:iT SAN ANGELO TX 76903 ) i CALAWAY JAMES C ) 1111 BAGBY #2100 HOUSTON TX 77002 & VAN TONGEREN HAROLD V VAN TON GEREN LIDIA M 2000 E 12TH AVE 22ND FLOOR DENVER CO 80206 ..~ ,) SCHAYER CHARLES M III HORTON KAREN JANE TRUST 588 S PONTIAC WAY DENVER CO 80224 " :) HAMMOND YVONNE F i; PO BOX 280 EVERGREEN CO 80439 . DALY CONSTRUCTION INC 520 W HALLAM ST ASPEN CO 81611 e GLENN SALLY RAE It 504 W HALLAM ASPEN CO 81611 .1) ') KULLGREN NANCY A 205 E DURANT AVE UNIT 2-C ASPEN CO 81611 i SOUTH POINT CONDOMINIUM ASSOC I AT! ON 205 E DURANT AVE #2F ASPEN CO 81611 BATES NATHANIEL B ,i~. J r ( PO BOX 9909 ASPEN CO 81612 Ii) EVANS DAVID COURTNEY .:.", "'.} PO BOX 952 ASPEN CO 81612 .) WOODSON TATJANA D PO BOX 125 TETON VILLAGE WY 83025 ,"-"" GREINER JEF,RY M GREINER TERESA U 1401 ROSELAWN WEST ROSEVILLE MN 55113 BROWN EDWARD L PO BOX 2604 NAPERVILLE IL 60566 MILTON ZALE TRUST AGREEMENT JACOBSON LIVING TRUST 2019 f<ENI40RE CHICAGO IL 60614 ROARING FORK PROPERTIES 5055 26TH AVE ROCKFORD I L 61109 WARSTLER ROBERT T 4920 HOLLY TREE DR DALAS TX 75287 LACY ROANE 11 JR PO BOX 20788 WACO TX 76702 CAU( I NS GEORGE W 5100 E QUINCY AVE ENGLEWOOD CO 80110 KNOWLTON VERA JEAN 2552 E ALAMEDA STE 31 DENVER CO 80209 " CRISTOL STANLEY J CRISTOL BARBARA W 2918 3RD 5T BOULDER CO 80304 LI FT ONE CONDOMINIUM ASSOCIATION 131 E DURANT AVE ASF'EN CO 81611, DOF'KI N HARLP,N F'O BOX 4696 ASPEN CO 81612 CASSIDAY BARBARA 8522 N 82ND ST SCOTTSDALE AZ 85258 ~, '; , ~ 6434 RIO GRANDE NW ALBUQUERQUE NM '.'- ,,-..., REED LYNN 87107 '\ '\ MULKEY DAVID A DR TRUSTEE 611 SPYGLASS LN LAS VEGAS NV 89107 'Il STEPHENS JOHN M 'lI 4433 ALLA RD #2 MARINA DEL REY CA 90292 '1l '.'\ CHU FAMILY TRUST 2/3 INT LU CHYI-f':ANG 8, NANCY-l/3 II\lT 38 CORMORANT CIR NEWPORT BEACH CA 92660 \~1 VANDERWALL DEAN ROBERT 531 EAST POST LONE PINE CA 93545 ~ (, ~ , " ~ "" % COHEN ARTHUR S CALZ SAN FRANCISCO #96 SAN BARTALO NAUCALTIN EDO NEX MEXICO '~" ZOLLER ZOLLER SIERRA MEXICO FAMILY TRUST LAWRENCE & ZOLLER GRANDE 615 10 D F MEXICO HELEN TRUSTEI~, ,'~'~. ~~ BAKER CHARLES E JR PRITCHARD BARBARA M 333 E 75TH NEW YORK NY 10001 '1:!>, ,,> ALLEN DALE COLUMBIA SCHOOL 519 ALLENS CREEK RD ROCHESTER NY 14618 LI NToN PEGGY 75 CHASEWoOD CIR ROCHESTER NY 14618-5420 ~\ v,IALDRON GAILYN L WALDRON GAILYN F'O BOX 10244 ASPEN CO 81611 ADAMS HOWARD S F'O BOX 11774 ASPEN CO 81612 CUNNINGHAM P F'O BOX 11717 ASPEN CO 81612 ELLIS PAUL DAVID F'O BOX 3633 ASPEN CO 81612 FARR BRUCE f~: FARR GAIL H PO BOX 5142 ASPEN CO 81612 HEIMANN GEORGE R PO BOX 1312 ASPEN CO 81612 WOLF HEINZ AND ELIANE TRUSTEES OF WOLF FAMILY TRUST 1221 MYRTLE AVE SAN DIEGO CA 92103 CABELL JOE 1765 ALA-MOANA BLVD HONOLULU HI 96815 ~OBLES ENRIQUE ALVAREZ ALVAREZ CRISTINA SIERRA GORDA #340 LOMAS CHAPULTEPEC 1100 MEXICO DF MEXICO FRIEDMAN RICHARD L 175 FEDERAL ST STE 900 BOSTON MA 02110 I, ; ( " J ,-, WtJGALTER JEL ", '104 HANOVER SQUARE NEW YORK NY 10005 i GLICKMAN EDWIN C HIGH SIERRA LTD C/O 1410 BROADWAY STE 606 NEW YORK NY 10018-5007 n (, STEINER DONALD R (,! 5536 SILVER RIDGE DR STONE MOUNTAIN GA 30087 GLAUB INGER GLAUBINGER 437 GOLDEN HALLANDALE LAWRENCE D LUCIENNE ISLE DR FL 33009 ( ) HARTMAN CHRISTINA M UND 1/2 COHEN FAITH HARTMAN UND 1/2 2865 NE 24TH CT FT LAUDERDALE FL 33305 SOLOMON RONALD E 1711 SW 30TH PL FT LAUDERDALE FL 33315 GRAHAM MAUREEN 2978 MAUTZ-YEAGER RD MARION OH 43302 O'CONNOR ROBERT W O'CONNOR CATHERINE L 600 W PRAIRIE AVE SOUTH BEND IN 46601 LE CHARD ALLAN P LE CHARD SIDNEY ANN 1002 BUCKINGHAM RD GROSSE POINTE PARf( MI 48230 MC CONNELL THOMAS W MC CONNELL KAY L 3814. OAKHILLS BLOOMFIELD HILLS MI 48301 .I BERHORST JERRY BERHORST CAROLE 5586 RAVEN RD BIRMINGHAM MI 49010 TYDEN FAMILY FARMS PARTNERSHIP 60% INT GROOS NICHOLAS D 40% INT 210 N INDUSTRIAL PARK RD HASTINGS MI 49058 .~ SMITH FRED G 440 HENDR I Cf<S IS FORT LAUDERDALE FL 33301-3709 SMITH~ PATRIC}( A~ F'.O. BOX 688 BLOOMFIELD HILLS, MI 48303 GENTRY REAL ESTATE COF~PORATION 310 ELLIS BLVD. JEFFERSON CITY, MO 65101 PICARD, DEBORA J. PICARD, DOUGLAS M. - JT TENANTS 3246 SEPULVEDA BLVD #209 TORRANCE CA 90505 LOCHHEAD, RAYMOND R. LOCHHEAD, EMILIE M. 200 SHERWOOD ROAD PASO ROBLES, CA 93446 LOCHHEAD, RAYMOND R. LOCHHEAD, EMILIE M. 200 SHERWOOD ROAD PASO ROBLES, CA 93446 ; /, CZAJKOWSKI MICHAEL CZAJKOWS~SANDRA J 90 LA SA. 1., ST APT 16G NEW YORK. NY,,," 10027 ,........ LARKIN THOMAS J LARf<IN MARYANN f< 1 SHELDRAKE LN PALM BEACH GARDENS FL 33418-6820 ~ WILLIAMS LOYD {" 70 MIDDLE RD PALM BEACH FL 33480 NOBLE GUY T 2571 NE OCEAN BLVD #405 STUART FL 34996 WEISE RICHARD H I 1303 E ALGONQUIN RD SCHAUMBURG IL 60196 I GILLESPIE JOHN E I 9112 W HEFNER YUf'~ON ot< 73099 NITSCHKE DR RUPERT NITSCHKE ELIZABETH M 6701 N RHODE ISLAND ST OKLAHOMA CITY OK 73111 I ROSS ROBERT M 17030 NANES DR STE 214 HOUSTON TX 77090 RUDERMAN ERIC P RUDEFiMAN M I M I E 1790 FOREST ST PKWY DENVER CO 80218 BERZINS INA BERZINS JURIS 6030 E 1ST AVE DENVER CO 80220 f J CAIN DOUGLAS M CAIN CONSTANCE MOFFIT TRUSTEES 1960 HUDSON ST DENVER CO 80220 VICKERY MARIE B 41 COUNTRY CLUB VILLAGE PUEBLO CO 81008 ---. ~ MEMORANDUM TO: Suzanne Wolff, Planning Office Lee Cassin, Assistant Environmental Health Director <' Mary Engelmann, Environmental Health Officer -1'Y1~W April 25, 1996 Colorado Riff Raft Temporary Use Permit for '96 Season Parcel 10 No. 2735-131-14-003 Through: From: Date: Re: =============================================== The Aspen/Pitkin Environmental Health Department has reviewed the land use submittal under authority of the MuniciDal Code of the Citv of AsDen. and has the following comments. AIR QUALITY' Sections 11-2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants". The applicant must comply with Ordinance No. 74, Section 11.2.70 which refers to engine idling. It is unlawful to permit the idling of a motor for more than 5 minutes within anyone hour period of time. The applicant should be considerate of the neighborhoods that surround the parking lot located on the corner of Juan and Aspen Streets. NOISE ABATEMENT' Section 16-1 "The city council finds and declares that noise is a significant source of environmental pOllution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors. .....Accordingly, it is the policy of council to provide standards for permiSSible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels." Colorado Riff Raft will need to comply with Aspen's noise ordinance which restricts the decibel {dBl level in the lOdge district to 60 dB between 7:00 AM and 10:00 PM and 55 dB between 10:00 PM and 7:00 AM. J. '" 'r- Picture is taken trom the corner of Aspen and Dean StreetjlL~t below the Aspen SkI Club lookinguphi11 to Ihe parking]ot r ~r Picture is talen from the steps of the Skiers Chalct Steak House looking west at the parkinl:lot. r- 'r- Picture is talen from comer of Gilbert and Aspen Street looking northwe1;t. ,....., \. ,....., Picture IS taken from the parking lot of The Mine Dumps looking Nonheast through trees lhal have so much foliage in summer one cannot see through them to tile parking 101 .,...'..."_:."",;...:,..-:....'..,,'~..,,.;""..,;:;;.iC."=..,..;,~' --\ f-\ ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: City Engineer Zoning Environmental Health Parks Aspen Fire Marshal FROM: Suzanne Wolff, Planner RE: Colorado Riff Raft Temporary Use Permit for '96 Season Parcel ID No. 2735-131-14-003 DATE: April17, 1996 Attached for your review and comments is an application submitted by 1.J. Erspamer, Colorado Riff Raft, Inc. Please return your comments to me no later than May 3, 1996. Thank you. "--'~"-""---""'-"'''''''''''._"'''->'_.~~''''',"--"-,,-----,, ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5090 FAX# (970) 920-5439 April 17, 1996 Re: Colorado Riff Raft Temporary Use Permit for '96 Season Case A24-96 Dear LJ, The Planning Office has completed its preliminary review of the captioned application. We have detennined that this application is complete. We have scheduled this application before the Aspen City Council on Monday, May 13, 1996 at a public hearing to begin at 5 :00 p.m. Should these dates be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda dates will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting dates, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to mail notice to property owners within 300' and to post the subject property with a sign at least ten (10) days prior to the public hearing, Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the public hearing. If you have any questions, please call the planner assigned to your case, Suzanne Wolff, at 920- 5093. Sincerely, j(Jld}~ Rhonda Harris Administrative Assistant ,-.., ,-.., AS PEN VALLEY S · K. I C L U B. April 17, 1997 LJ Erspamer Colorado Riff Raft, INC. 555 East durant Avenue Aspen, CO 81612 Dear LJ, As an adjacent tenant and business, the Aspen Valley Ski Club has no objections to Colorado Riff Raft's usage of the tennis club parking lot on South Aspen street. I hope that you have a great summer rafting season. Good Luck! -iIoby orse Direc or Aspen Valley Ski Club 700 South Aspen Street Post Office Box C-3 Aspen, Colorado 81612 Administration: 970.925.2720 lax: 970.925.5290 Competition Center: 970.925.3125 lax: 970.925.2947 ,-,. t""'\ Skiers Chalet Steak House :':::;.::<1"..::::-, ::-' W~':af11 '::;)3 t. Durent r,pi. '~. Aspen, Color...::do B16i I r elepl-Ione 9i'O '125-.338 i Monday, Apru15, 1996 . - To: Aspen City Council Please be advised that the Skiers Chalet Steak House has no objection to the use of the parking lot at the comer of Juan St and S. Aspen St. by Mr. L. J. Erspamcr and Colorado RiffRaff LJ has been a cooperative and considerate neighbor and the low-keyed activity is welcome. ~~v' Stephen P. Wrlght ,-.. ,-.. Juan Street Condominium Association Aspen Colorado . March 30, 1996 To whom it may concern: Re: Colorado Riff Raft lease of/ot adjacent to Juan Street Condominiums We would like to go on record as.supporting 1.1. Erspamer's(Colorado Riff Raft) occupancy of the site next to our building. Colorado Riff Raft provides security at the site and has proved to be a good neighbor The board of directors of the Juan Street Condominium Association and 1.1. have worked cooperatively to insure a harmonious relationship and we are happy to have him on the site. If you have any questions feel free to call me at 925-8717. Is J:\ WPWIN\MAIN\GMIJUAN. WPD ASPEN/PITKIN COlVIlVfTJNITY DEVELOPMENT DEPARTlVIENT Aoreement for Pavment of Citv of As Iication Fees CITY OF ASPEN (hereinafter CITY) and John Erspamer (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Tennis Court Parking Lot at Juanl'ltuj"Aspen Street (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 53 (Series of 1995) establishes a fee structure tar Planning ilPplicltions and the payment of all processing fees is a condition precedent to a JeterI11il1~lti()n of application completeness. 3. APPLICANT and CITY agree that because of the size. nature or Scope of the proposed project. it is not -POSSible ilt this time to ascertain the full extent of the costs involved in processing the application. APPLIC-\.\IT and CITY further agree that it is in the interest of the parties to allow APPliCANT to make payment or' an initial deposit and to then.:after permit additional.'psts to be billed to APPLICANT on a monthlv basis. APPLICANT agrees he '.vill be benefited by retaining greater cash liq~idity and will make add~ional payments upon notification hy the CITY when they are necessary as COSts are incurred. CITY agrees it will be benetited through the greater cerrainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or Citv Council to enahle the Planning Commission and/or City Council to make legaliy required rindings for project ap-pro\'al. unless current billings are paid in Full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for _ hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN /? c",~".1 ./ (\ BY~ta~~"~ '-- &.- - Community Development Director APPLICANT " 7 By, ~~~ .-" John Ersparn r Date: March 26, 1 96 Mailing Address: 534 Spruce Aspen, CO 81611 2 1"'"""\ 1"'"""\ AGJf\MENT OF LEASE b' This Agreement is entered into on thisJLday of /viA (? G~. 19Lbetween Colorado Riff Raft, Inc" ("CRR") and Aspen Skiing Company, dba ABpen Mountain ("Aspen") for a tenn ending September 30, 1995, In consideration of the mutual promises set forth herein, the above-identified parties hereby agree as follows WHEREAS, Aspen is lessee ofa parcel of property known as the Tennis Court Parking Lot ("Premises") on Aspen Street. WHEREAS. CRR wishes to sublet Premises for a period of time beginning May], 1996 through September 30, 1996 for the purposes of parking business vehicles and equipment. This lease is automatically renewed annually for 5 years, until September 30,2000, unless canceled in writing, by either party, at least 6 months previous to the date the lease will terminate. NOW. THEREFO~ spe agrees to sublet Premises to CRR for a total fee of$],ooO.OO, annually, due and payable on / / 2;, ~ of each succeeding year. CRR agrees to repair and/or replace any property damaged. as determined by Aspen. as a result of its use of the Premises and, at the tenn of this contract, return Premises to its previous condition, CRR further agrees to obtain all pennits and licenses necessary for the use of the Premises. CRR agrees to indemnifY and forever defend and hold harmless Aspen from and against any and all demands, claims, damages, causes of action, liability losses, law suits, expenses (including attorney's fees), or claims of any kind, nature, or description, without limitation, whether foreseen or unforeseen, arising directly or indirectly out of his use of the Premises and all related activities, CRR will name ABpen as an additional insured on his Comprehensive General Liability Insurance Policy with limits of not less than $1,000,000.00 per occurrence. A certificate of insurance will be provided. CRR also agrees to maintain Workmen's Compensation insurance in accordance with provisions outlined by the State of Colorado. This Agreement and all questions relating to its validity, interpretation, perfonnance and enforcement shall be governed by and construed in accordance with the laws of the State of Colorado, notwhithstanding any Colorado or other conflict of law provisions to the contrary. Neither party to this Agreement shall act as Agent for the other. Neither party shall have any authority to assume obligations or liabilities or to act on behalf of the other party The parties are not partners or joint venturers in perfonning this Agreement or pursuing its underlying objective. ASPEN SKIINGCOlY.!PANY P,O, Box 1248 Aspen. CO 81612 ''31 () . ;; By ?) 0,-,-.\ (' Q ),:"(,c,-< r, (\ J Title: V rr C> j7<-'--<'-,'\..CMJ.-..-> -:':)2~Z, 90 COLORADO RIFF RAFT, Inc, 555 E. Durant Aspen, C By: ---- C601