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Land Use Case.100 Marolt Pl.A11.95
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'1 ' 1 /14& 1 1, 4, .1 1 1 1 w i ..j:, ~ -I' i 'I 101 Ne 1$ GRAND Jer- COLO 1 42 0 0 ..ow. o 6 .PRA 2<6 3'NOS°NE "ci' wi~„i.i' „"1„~A 1 "f '11'a £14! , 3 & / ' i. **0 # 2 /4 0 M 4 1 1 -1 1,422, 1, I , 3/ 6 f 0 1 - , 4., '+ p '3 Ne,#a L Gal 87 1 1. 504,78 1 1 1 1 $ 1 " 1 9 7/, /419 / 11 4. 164•5 63 ' : 1 21{ / )5'"40 7£47 Ny•,7 4&,lit € MI•.A¥ t~h,j-7* 1 4, . 1/01 . - 1 1 ~- 1 1. . . 1 .v... , . , ' 4 .,fl I f t.d . 1.1.4. 1 £ 194 I. I 5~~~k + . .. ill ¢ v€ 102«- r a'*. 1, 7 - ' . 1 3,1 122,1 '. Itt , 1 21 .., .. 4,1 ' I,GERAIR/r Mt PESMAN,CERTIFY THAT 1HI PLAT 25 PLOTTED FROW' 1, •. i " ·· • f ·, ,- -* r SW'. ' ' :31&.O NOTE€' Or A SUR/EY MADE UNDER MY SUPERMS,IN & OCT B, i ~ 1,59~~IMZJe~~~ * C L .3 Nov , Du, ass " 14&-5 , !* 7 .1 ,-1 1 6 , 1-2-42 : .; 220--4- 61 99#,r- , *4~''L .- 'CJG IKEQ PRov EIGK f LAND Sul:tvu.Ya 2379 ' 4 7, 4 1, ... 4.23# 73!1 ,· 1 1 4 ,1 - 6 1 Y 1/ F L 4 ' h 42 -- ' 4 0.1 · , -1 11 . .„Flil=. ' . 1 '1 ; ; i * 6:920 - . 42$, 1 . .,4,4 , **hl' ' : 6 1 1 - ' 0, · . , t44' t· f-,q<,A 1 *6 1 3 :*1 $ ~ t -1.*Akil ,-i'". 1 1 ./. I '. At"#*.-*~ t )7~ 16..1 % 1 "i , , * - - 01 2* 1, C.) 111 4-/01'..k 4 1.W.V. I. . - ..7-4,~ :/30/ r. .. .-, .4- r 1 - : 11 1 1 1 1 a %2/ 40*, 1 . lit.4,~%54 f -- - 3. A- L 240¢ . .4 I #: , 4'd 8~ , 4 # - 1 *1 4.- - 1,ps 19 13%.6 QLERK \0~30|~ 2. h: /311 ' .....1... .,1, 1 9 -- 1 0 6 'sfit' 9//91 112.16/ - - - - .- . 4 - L ...... 55 01 e '•Vt'e'.gll'.p 5 03-00 6 1 ... 3 1,1-2, ' 834 89 6 02 66 40 £ 22!.r= 00 oce - 09£9 N3v43s .. CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 02/02/95 PARCEL ID AND CASE NO. DATE COMPLETE: 2735-123-63-702 All.95 STAFF MEMBER: KJ PROJECT NAME:MAROLT RANCH COMPLEX/ INSUBSTANTIAL AMENDMENT Project Address:MAROLT RANCH HOUSING COMPLEX/CASTLE CRK.RD,ASPEN Legal Address: APPLICANT:CITY OF ASPEN HOUSING AUTHORITY 303 920-5050 Applicant Address:530 EAST MAIN ST. ASPEN, COLORADO 81611 REPRESENTATIVE:CITY OF ASPEN HOUSING AUTHORITY PROP.MGMT.DIV. Representative Address/Phone:BRUCE NETHERY 530 E.MAIN 920-5050 Aspen, CO 81611 FEES: PLANNING $ # APPS RECEIVED 3 ENGINEER $ # PLATS RECEIVED 0 HOUSING $ ENV. HEALTH $ TOTAL $ TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP: P&Z Meeting Date PUBLIC HEARYUG: YES NO VESTED RIGHTS: YES NO CC Meeting Date /' PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO DRC Meeting Da~ REFERRALS: City Attorney Barks Dept. School District City Engineer /131dg Inspector Rocky Mtn NatGas Housing Dir. l Fire Marshal CDOT Aspen Water / Holy Cross Clean Air Board City Electrtc Mtn. Bell Open Space Board Envir.~h. ACSD Other Zonin Energy Center Other DATE REFERRED: INITIALS: DUE: FINAL ROUTING: DATE ROUTED: id 2/ 94 INITIAL:4-b-6 City Atty City Engineer K Zoning Env. Health Housing Open Space Other: FILE STATUS AND LOCATION: .. MEMORANDUM TO: Stan Clauson, Community Development Director FROM: Kim Johnson, Planning Office RE: Insubstantial Amendment to the Marolt Housing PUD for Two Storage Sheds DATE: March 22, 1995 SUMMARY: The Aspen Pitkin Housing Office wishes to amend the Marolt Housing PUD Plan to allow a new 112 s.f. storage shed behind Building 300 and a 48 s.f. storage shed to be configured from an old bus waiting area attached to the cafeteria building. This proposal meets the qualifications of an insubstantial amendment to the approved PUD Plan and shall be approved by the Community Development Director. FINDINGS: The Marolt Housing PUD was approved on April 23, 1990. The 4.3 acre site contains 100 dormitory style housing units and the commons/cafeteria building which also contains music practice rooms. Total building FAR for the site is approximately 68,000 square feet. Site coverage is approximately 34,000 square feet. The application indicates that the proposed storage areas will allow storage of records and maintenance equipment for the Marolt project. Section 7-804(E) reads: 1. An insubstantial amendment to an approved final development plan may be authorized by the planning director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process. The following shall not be considered an insubstantial amendment: a. A change in the use or character of the development. b. An increase by greater than three (3) percent in the overall coverage of structures on the land. c. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. d. A reduction by greater than three (3) percent of the approved open space. e. A reduction by greater than one (1) percent of the off-street parking and loading space. .. f. A reduction in required pavement widths or rights-of-way for streets and easements. g. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. h. An increase by greater than one ( 1) percent in the approved residential density of the proposed development. i. Any change which is inconsistent with a condition or representation of the project;s original approval or which requires granting of a further variation from the project's approved use or dimensional requirements. Staff has reviewed the two proposed storage areas and finds that the above criteria have been satisfied. The 160 s.f. increase of floor area is not net leasable area. The new floor area will represent an increase of .2 4% over the existing 68,000 s.f., substantially less than the 3% limit. There are no changes to parking, open space, density, net leasable area, or character of the site based on the proposed changes. RECOMMENDATION: Staff recommends that the Planning Director approve the insubstantial amendment to the Marolt Housing PUD for the addition of a 112 s.f. of storage building and 48 s.f. of an attached storage shed as represented in the application package, finding that the criteria in Section 7-804(E) have been met. I hereby approve the above Insubstantial Amendment for the Marolt Housing PUD for the total addition of 160 s.f. of storage on the Marolt property as represented in the attached ,application documents. 9 1 \A LAy- \ 6 9 C St&TY'Clauson,- Community Development Director Date Attachment: Application Text, Sketches and Photos 2 -/ i-,/ 1 I /.' N©.. ~ i fr,cp scri -6r CD \ fofasedz Are« a -3« 2 + f- 9(e:,2 F ,i7 3 a 1 :ft Y / 1 - 1 -t 1 4,71 - 4 ... , ..171 Wk i Ir,11 ~e>.4 2%>c /14.-r 1.-t, r 57-31/77 € ( i £7 .. 2«I>« Housing Office City of Aspen/Pitkin County 530 East Main Street, Lower Level Aspen, Colorado 81611 (303) 920-5050 Fax: (303) 920-5580 To: Kim Johnson, Community Developement Dept. From: Bruce Nethery, Aspen/Pitkin County Housing Authority Re: Marolt Ranch Storage - Insubstantial Amendment Date: 2 February 1995 Summary: The Housing Authority Property Management Division requests approval for the addition of storage space at the Marolt Ranch Housing complex. The proposed additions will provide needed storage for records, Maintenance equipment, seasonal items and hazardous materials currently unavailable. Conceptual proposal: The facilities requested will encompass the enclosure of the currently unused sitting area attached to the side of the cafe building and the placement of a prebuilt shed behind the 300 bldg (see attached map). The enclosure of the sitting area (see fig. 1) will be ideal for the storage of records, documents, etc. and will use siding to match existing structures. This sitting area was originally intended for the Music Festival bus which never came about due to the use of adequate existing transportation. This structure is approximately six feet by eight feet and enclosure will require minimal work. The eight by fourteen pre-built storage shed (see fig. 2) is necessary for storage of maintenance equipment and other items. This shed would be placed behind building 300 (see fig. 3) and would create no visual impact to tenants or visitors. .. These additions to the Marolt project will: a. Not change the use or character of the development. b. Not increase overall coverage of structures by more than three percent ( 3%). C. Not increase demand or trip generation rates. d. Not reduce approved open space. e. Not reduce off-street parking or loading space. f. Not reduce required pavement width or rights-of-way. g. Not increase approved gross leasable floor area. h. Not increase approved residential density. i. Not change condition or representation of the project's original approval or require granting of further variation from the projects approved use or dimensional requirements. .40....1 1--fea i Icft-ze-3=.1 · O t=/ C.) . O 1 i 20203 . ' Building E· - ~ ~ 21 I h I --i • . r -/ U--- -- . - £7 .·ht'- . / '1 1 8 . - /Building D- · 1 .1 11 . , Atil - C-, . '4/ 11 - Pr . "6111 q 0. ' ...11 T -1 : 14 ,·, L.J 14\ . ,;'.17 i:, -SE 7 Building B - :tl 14*96.-. " Bunding A- _ f EA*%-2 G - N . V i i N , 4-4 9 4,1 ..\.-, r-,¥I r' / 1 -re / 1 /1/ 1 /' 1 / - a ....%/ .- 0 - - '... 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Vi f. .40£ / « .«L - » ta / 1 \ p,k\~/ 4 \ 4/ 0 ' U 4 2 7· 0 1 . * ...1- --; k..41\\ \ € '1 N . / I , . J 1 (\ 1 £ , ,- - $ .. \> \\\ 1 % 7 4 I. . 97 // z . ..1 9 L C ~ U--0-2-0.-ent /xr\\ 1 4 0'672 -' 0~ /r f r h) 4 ger., fe direct-4 6248.4 'llij 360 tut'} f -17 Tr..4 GUAJ 4/&4 4 644 vis,9,·, re., op s; 4 Fi,4 3 .. MEMORANDUM TO: Stan Clauson, Community Development Director FROM: Bill Drueding, Zoning Official (£,05' DATE: December 5, 1995 RE: Use of Marolt Ranch Property Cafeteria During the PUD approval process in 1990 for the Marolt Ranch, there were proposals and discussions concerning a commercial food operation at the Marolt Ranch Cafeteria. The file indicates that a restaurant serving the general public would not be allowed due to parking constraints and employee mitigation. However, a catering business would appear to be compatible with the cafeteria use. The former cafeteria operator has delivered food outside of the Marolt Ranch for the past 3 years. The Housing Office has entered into a lease agreement with a new food operator. The nature of the food operation appears to be as accessory to the Marolt Ranch as well as a caterer to the general public. Food would be prepared and delivered to the customers location 90 percent of the time. Occasional pick up of food may occur. There would not be any indoor seating. The Marolt Ranch tenants apparently take the food to their housing units. Limited parking has been assigned by the housing office. About 4 employees will be generated. There would be advertising. The signed lease is to run 5 months until April 30,1996, at which time bids for future use would be taken to ensure service to the MAA students. This operation appears to meet the intent of the cafeteria use discussion. Your approval as Director of Community Development is requested. Future operations may want to amend the PUD agreement if there is a substantial change in outside food service. A copy of the lease agreement is attached. CC: Terry Kappeli - Director of Property Management Aspen/Pitkin County Housing Office APPROVE) E y 14 DEC 0 5 1995 COMMUNITY DEVEL- 'MENT DIRECTOR CITY OF ASPEN .. Housing Office City of Aspen/Pitkin County 530 East Main Street, Lower Level Aspen, Colorado 81611 (303) 920-5050 Fax: (303) 920-5580 December 4, 1995 Bill Drueding City of Aspen, Community Development 130 s. Galena Aspen, CO 81611 RE: Arrangement for food service contractor at Marolt Ranch Dear Bill, Attached please find the executed lease between Aspen Four Seasons DBA Casermeal and The Aspen/Pitkin County Housing Authority for the upstairs area only of the Marolt Ranch Cafeteria. We entered into this lease with the understanding that no food would be served inside the cafeteria. All food would be delivered or picked up. See page 2, paragraph 5. We estimate that 90% of the business will involve deliveries and the balance pick-up. I have also minimized their hours of operation as shown in paragraph 7. The term of this lease is until May 1, 1996 at which time MAA will negotiate a lease for the summer season with the music students. Thanks for your immediate attention with this matter. Please feel free to call me if you have any questions. Sincerely, /1.LU #1 -1<4 0 L L Terry Kappeli Director of Property Management , r T .. LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this 15th day of November, 1995 by and between The Aspen/Pitkin County Housing Authority, a multi- jurisdictional housing authority, c/o Executive Director. 530 E. Main Street, Lower Level, Aspen. CO 81611 ("Landlord") and Malcolm MacDonald. Pam Golden and Marilyn Carruthers d/b/a CASERMEAL, c/o /90. Bay r 9-7/ : Aspen, Colorado 816174"Tenant'). WITNESSETH: WHEREAS. Landlord is the lessee of the real property and all of the improvements thereon, known as Marolt Ranch, located in Pitkin County, Colorado and described on Exhibit A attached hereto and incorporated herein by this reference ("Marolt Ranch") pursuant to a Lease Agreement therefor dated /2// /9 f- between Landlord, as . 1 Tenant, and the City of Aspen, as Owner (the "Master Lease"); and. WHEREAS, within Marolt Ranch there is a restaurant facility, complete with seating and dining area. and kitchen (the "lease premises"); and, WHEREAS, the lease premises are rented to Music Associates of Aspen. pursuant to Lease Agreement dated June / . 1995 (the "Sublease"). under which Music Associates o f Aspen is entitled to possession o f the lease premises from June 1 through August 3 1 0 f each year o f the lease term o f the Sublease: and, WHEREAS. Landlord desires to sublease the lease premises. consisting of approximately 2500 square feet as delineated on Exhibit B attached hereto and incorporated herein and referred to herein as the "premises" or the "lease premises", in accordance with the terms and conditions contained in this Lease Agreement; and, WHEREAS. Tenant desires to lease from Landlord the lease premises in accordance with the terms and conditions contained in this Lease Agreement; NOW, THEREFORE. for and in consideration o f the payments to be made hereunder. and in further consideration of the terms conditions: covenants and mutual promises contained herein, the parties hereto agree as follows: 1. Lease of Premises. Landlord does hereby lease to the Tenant and Tenant does hereby rent from Landlord the following described premises, all in their current condition, "as is", (Subject to the covenants and conditions hereinafter contained) to wit: .. That portion of Marolt Ranch, City of Aspen, Pitkin County, Colorado, consisting o f the restaurant facility, complete with seating and dining area, and kitchen, located therein, constituting approximately 2500 square feet, for the term, at the rents, and upon the conditions and covenants hereinafter set forth. Taking possession of the lease premises by Tenant shall constitute acknowledgment that such premises are in good condition and neither the City o f Aspen nor Landlord shall be required to make any alterations thereto, unless agreed to in advance and in wriIing by the City o f Aspen and Landlord. 2. Equipment Provided by Landlord. The Landlord shall furnish Tenant with those items of moveable equipment (equipment that is not attached or otherwise built in to the premises) described in the inventory appended hereto as Exhibit C. Other articles deemed necessary by Tenant for its use of the premises but not enumerated in Exhibit C shall be furnished by Tenant. at Tenant's expense. All items of equipment set forth in Exhibit C shall be maintained in good working order by Tenant, at Tenant's own cost and expense. and shall be returned to the Landlord upon the termination of this Lease in the same condition as when accepted by Termnt, ordinary wear and tear excepted. I f the equipment is deterniined to be fully depreciated or incapable of repair. Tenant shall not be required to purchase a new piece of equipment nor shall the Landlord be obligated to purchase new equipment or substitute equipment that can't be repaired with working equipment. 1 Term. Unless sooner terminated, as provided herein, the term of the Lease shall be for a period of five (5) months. The lease term shall commence December 1,1995, and shall end on April 30,1996. Tenant's occupancy of the lease premises during this term shall be limited by paragraph 4, below. Occupancy of the Lease Premises. Tenant shall be entitled to occupy the lease premises only for the five month period from December 1 st through April 30th of 1996. Tenant acknowledges Landlord has an obligation under the Sublease to provide possession of the lease premises to Music Associates of Aspen on June 1. 1996. Tenant hereby agrees that Tenant shall be liable to Landlord for any damages incurred by Landlord to Music Associates of Aspen for Tenant's default hereunder that results in the failure to deliver possession of the lease premises to Landlord in time for Landlord to deliver possession o f the lease premises to Music Associates of Aspen on June 1,1996. 5. Use. Tenant shall not occupy or use the lease premises or any part thereof. nor permit or suffer the same to be occupied or used for any purpose except to provide delivery and take out food services only. In no event shall Tenant use or operate the lease premises as a full service restaurant without Landlord's written consent, which consent may be 2 .. withhold in Landlord's sole discretion and, further, which consent may require renegotiation of the rent due hereunder. Landlord's consent shall be required as to any change in the use o f the lease premises by Tenant. Tenant shall comply promptly with all applicable statutes, ordinances. rules, regulations. orders and requirements relating to the use of the lease premises. including any rules or regulations imposed by the City of Aspen as the Landlord under the Master Lease. Tenant shall not use nor permit the use of the lease premises in any manner that will tend to create a nuisance or tend to disturb other tenants or occupants o f the improvements or adjacent properties thereto. 6. Service to Patrons/No Discrimination. The service provided to patrons by Tenant shall be rendered courteously and efficiently. Landlord reserves the right to prohibit the sale of any item that it deems objectionable. and shall have the right to order the improvement o f the quality o f either the merchandise or the services rendered. Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color. creed, ancestry, sex, age. sexual orientation or national origin. Tenant and Tenant's employees shall not discriminate against any person because of race, religion, color, creed, ancestry. sex, age, sexual orientation or national origin by refusing to furnish such person any sen~ice or privilege offered to or enjoyed by the general public. Neither Tenant nor Tenant' s employees shall publicize the services provided hereunder in any manner that would directly or inferentially re fleet on the acceptability o f the patrons of any person because of race, religion, color, creed, ancestry, sex, age, sexual orientation or national origin. 7. Hours of Operation. Tenant shall operate the concession five (5) days per week (Monday through Friday) and, at a minimum, shall be open to the public between 8:00am and 9:00pm every day that it is open. Tenant shall not, without Landlord's consent. which consent may be arbitrarily withheld, be open for any additional hours. 8. Parking. Tenant's patrons shall be able to use the space available by the loading dock attached to the northeast side of the kitchen area. At no time. however, shall Tenant's rights under this Lease extend to parking areas designated for use by the residential tenants of Marolt Ranch unless otherwise approved by Lessee in writing. 9. Rent. The rent for the five month term of this Lease shall be Four Thousand Five Hundred and no/100 Dollars ($4,500.00) and shall be payable in equal monthly installments of $900.00 each. commencing on December 1,1995 and continuing on the first day of each calendar month thereafter, through April 1,1996. 10. Security Deposit. Concurrently with the execution of this lease agreement, Tenant shall deliver to Landlord the sum of $ 1,000.00 as a damage deposit and as additional secuity for the payment o f rent hereunder and the full and faithful performance by 3 ' 1 .. the Tenant of the covenants and conditions on the part of the Tenant under this Lease. At the expiration o f the term hereo f, or any renewal, or in the event o f earlier termination, Landlord shall, after a physical inspection o f the lease premises. make deductions from the security deposit for items of damage, if any, to the lease premises and for other rents or obligations: if any, of Tenant then due Landlord. returning to Tenant the balance thereof. together with an itemization of the deductions. within sixty (60) days after Tenant vacates the lease premises. The security deposit shall not be construed as being held in trust for Tenant. nor shall any interest be paid thereon. Landlord may commingle the security deposit with other funds and the security shall not be construed as liquidated damages. During the term hereof, the Landlord may, if the Landlord so elects, have recourse to such security, to make good any default by the Tenant, in which event the Tenant shall: on demand, promptly restore said security to its original amount. Liability to repay said security to the Tenant shall run with the reversion and title to said lease premises, whether ally change in ownership thereof be by voluntary alierlation or as the result ofjudicial sale, foreclosure or other proceedings, or the exercise of a right of taking or entry by any mortgagee. The Landlord shall assign or transfer said security, for the benefit of the Tenant. to any subsequent owner or holder o f the reversion or title to said lease premises, in which case the assignee shall become liable for the repayment thereof as herein provided, and the assignor shall be deemed to be released by the Terlant from ailliability to return such security. The Tenant shall not mortgage. pledge. encumber. assign or otherwise hypothecate said security without the written consent of the Landlord having been first obtained. 11. Late Charges. The Tenant hereby acknowledges that late payment by Tenant to Landlord o f rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount o f which shall be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and the late charges which may be imposed upon Landlord by terms o f the Master Lease or any mortgage or trust deed covering the lease premises. Accordingly, if any bona fide installment o f rent or any other sum due from Tenant hereunder shall not be received by Landlord or Landlord's designee on or before the twentieth (20th) day of each calendar month that a rent payment is due. then Tenant shall pay to Landlord a late charge o f twenty percent (20%) on such overdue amount. The parties hereby agree that such a late charge will represent a fair and reasonable settlement o f the cost that Landlord would incur by reason o f the late payment by Tenant. Acceptance of such late charges by Landlord shail in no event constitute a waiver of Tenant's de fault with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder unless the entire amount ; due, plus late charge, is accepted by Landlord. In addition, any sum for which the Tenant shall be obligated to the Landlord, which is not received on the due date thereof, shall bear interest at the rate of twenty-five percent (25°%) per annum from and after the due date until paid. 4 12. Personal and Real Property Taxes. Tenant shall pay, as additional rent hereunder, all personal property taxes assessed against the personal property used by Tenant and located on the lease premises for the term of this lease. Likewise, Tenant shall be responsible for any and all sales. use, withholding and other taxes assessed against the lease prernises for Tenant's business operation therein. . The real estate taxes for the lease premises shall be paid by Landlord. 13. Fire and Casualty Insurance. The Tenant. at its own cost and expense. shall provide and keep in full force for the benefit of the Tenant and the City of Aspen and the Landlord (as named or additional insureds) during the term hereof or any extension or renewal period, insurance to insure the lease premises against fire, normal extended coverage perils, vandalism. malicious mischief. and liability. Such insurance shall provide protection to the extent of at least one hundred percent (100°/0) of the insurable replacement cost of the building containing the lease premises. In connection herewith, it is acknowledged that Landlord. for ease of administration, is carrying such insurance upon the entire Marolt Ranch. Accordingly, Tenant shaiI pay to Landlord Tenant's prorata share of the insurance premium Landlord pays to insure the lease 22€D C premises. Tenant's prorata share shall be equal to a sum calculated by dividing 6®·1«by the total number o f square feet of Marolt Ranch Place and multiplying the resulting dividend by the annual premium paid by Landlord for such insurance. This premium shall be paid to Landlord within ten (10) days of Tenant's receipt of notice of the amount due from Landlord. Throughout the term of this Lease, the Tenant shall carry and maintain in effect casualty insurance covering its trade fixtures, equipment. furnishings. leasehold improvements and plate glass, which insurance shall protect against fire, normal extended coverage perils, vandalism, malicious mischief, and sprinkler malfunction. Such insurance shall provide coverage to the extent of at least one hundred percent (100%) of the insurable replacement cost o f the insured property. Both the Landlord and the Tenant waive anv right of subrogation I ./ which their respective insurers may acquire against either o f them. Both o f these waivers shall automatically terminate at such time as either party's insurer requires that an additional premium be paid as a consequence of this waiver provision. 14. Liability Insurance. The Tenant. at its own cost and expense, shall provide and keep in full force for the benefit o f the Tenant and the City of Aspen and the Landlord (as named or additional insureds) duing the term hereof or any extension or renewal period, general public liability insurance for claims of liability arising out of, occasioned by or resulting from an accident or otherwise in or about the lease premises, for Five Hundred Thousand Dollars ($500,000.00) each occurrence with a One Million Dollar (S 1,000,000.00) general aggregate combined single limit covering bodily injury, property damage, and personal injury. The policy or policies of insurance (or binders of insurance therefor) shall be issued by a reputable company or companies authorized to do business in this State and shall 5 t .. name Landlord as an. additional insured. Tenant shall provide evidence of such insurance coverage to Landlord prior to the commencement of the term hereo f. The Tenant also agrees to and shall save, hold and keep harmless and indemnify the Landlord from and against any and all payments, expenses, costs, attorneys' fees and/or damage to property or injuries to persons occasioned wholly or in part by or resulting from any acts or omissions by the Tenant or any subtenants, assignees or successors. If for any reason as a result of Tenant's activities, use, or business, it shall be impossible to obtain fire and other hazard insurance on the buildings and improvements on the lease premises, in an amount and with insurance companies acceptable to the Landlord, the LandIord may terminate this Lease and the term hereof. upon giving to Tenant fifteen (15) days notice in writing of the Landlord's intention to do so and upon the expiration of the time provided in said notice, this Lease and the term hereof shall terminate. If by reason of the use of the lease premises by the Tenant or by character or manner in which the Tenant's business is carried on. Landlord's insurance rates for fire and other hazards shall be increased, the Tenant shall pay, as additional rent, the amounts by which the premiums for such insurance are increased. The Tenant waives all rights of recovery against the Landlord or Landlord's agents, employees or other representatives. for any loss, damages or injury of any nature whatsoever to property or persons for which the Tenant is insured. Each party shall give the other party prompt notice o f any claim coming to the knowledge of any party that in any way directly or indirectly affects either party, and both parties shall have the right to participate in the defense of such claim to the extent of its interest. 15. -Notice of Cancellation of Insurance Coverage. The above insurance policies shall contain clauses substantially similar to the following: (1) Notwithstanding any other provision in this policy, the insurance afforded hereunder to the City of Aspen and Landlord shall be primary as to any other insurance or reinsurance covering the City or Landlord and such other insurance or reinsurance shall not be required to contribute to any liability until the appropriate limit of liability afforded hereunder is exhausted. (2) This policy may not be canceled or changed until forty-five (45) days after receipt by Landlord and the City of Aspen o f a written notice of such cancellation or change in coverage, as endorsed by receipt of a certified letter, unless such cancellation is a result o f nonpayment of premium due, in which case, this policy may not be canceled until ten (10) days after receipt by Landlord and the City o f Aspen o f a written notice of such cancellation, as endorsed by receipt of a certified letter. 16. Utilities and Maintenance. Landlord shall pay all charges for water, sewer, and trash removal. Tenant shall pay all charges for telephone or cable TV charges (for which Tenant shall separately contract), gas, electricity and any other utility or mintenance : charges used by the Tenant in or about the lease premises during the term o f this Lease. 6 .. Landlord shall bill Tenant monthly for all gas and electricity charges for the lease premises and Tenant shall pay such billed amounts within five days of receipt of such bills, as additional rent. 17. Alterations. No alterations, additions, or improvements shall be made, and no fixtures shall be installed in or attached to the lease premises, without the written consent o f the Landlord. Unless otherwise provided herein, all such alterations, additions or improvements when made, installed in or attached to the said lease premises. shall belong to and become the property of the Landlord and shall be surrendered with the lease premises as part thereof upon the expiration or sooner termination of this Lease, without hindrance, molestation, or injury. Notwithstanding that they may have become an integral part of the lease premises, Landlord may require Tenant to remove all or any part of such alterations. additions, improvements or fixtures at the expiration or earlier termination of this Lease. restoring the lease premises to the same condition existing at the beginning o f the original term, ordinary wear and tear excepted. If Landlord does so require. Tenant shall repair all damages resulting from such removal and should Tenant fail to repair damages resulting from such removal. Landlord may remove the same or make such repairs for Tenant's account. and Tenant shall pay to Landlord. on demand, an amount equal to Landlord's costs incurred in such removal or repair. All work with respect to any permitted alterations. additions, or improvements shall be done at Tenant's sole expense in a good and workmanlike manner, strictly in accordance with the plans and specifications approved by Landlord. In doing said work: other Tenants of Landlord (if any) shall not be adversely affected nor unreasonably inconvenienced. Tenant shall, at its own expense. obtain all necessary building or other permits or approvals required by appropriate governmental authorities prior to beginning such work. If any mechanics' or other liens shall be created or filed against the lease premises by reason of labor performed or materials furnished for the Tenant in the alteration, addition or repair to any building or improvement, the Tenant shall within ten (10) days thereafter, at the Tenant's own cost and expense. cause such lien or liens to be sarisfied and discharged of record together with any Notices of Intention that may have been filed. Failure to do so shall entitle Landlord to resort to such remedies as are provided herein in the case of any default of this Lease, in addition to such as are permitted by law. Any goods, inventory or other personal property of Tenant not affixed to the lease premises and not removed by Tenant upon the termination o f this Lease. or upon any quitting, vacating or abandonment o f the lease premises by the Tenant, or upon the Tenant's evierion. shall be considered abandoned and Landlord shall have the right, without any notice to the Tenant, to sell or otherwise dispose of the same, at the expense of the Tenant and shall not be accountable to the Tenant for any part of the proceeds of such sale, if any. 18. Repairs. The Tenant has examined the lease premises and has entered into this Lease without any representation on the part o f the Landlord as to the condition thereof. Tenant is relying upon its own inquiry as to applicable zoning and other land use regulations. if any, governing the permitted uses of the lease premises. Tenant shall take good care o f the lease premises and shall, at the Tenant's own cost and expense, make all repairs, including 7 .. painting and decorating, and shall maintain the lease premises in good condition and state of repair, and at the end or other expiration of the term hereof, shall deliver up the lease premises in good order and condition, wear and tear from reasonable use thereof, and damage by the elements not resulting from the neglect or fault o f the Tenant, excepted. The Tenant shall neither encumber nor obstruct the sidewalks, driveways. yards, entrances, hallways and stairs, but shall keep and maintain the same in a clean condition, free from debris trash, refuse, snow and ice. In case of destruction of, or any damage to the glass in the lease premises, or the destr-uction o f, or damage o f any kind whatsoeverto the lease premises, caused by the carelessness, negligence or improper conduct on the part of the Tenant or the Tenant's agents, employees, guests. licenses: invitees, subtenants, assignees or successors, the Tenant shall repair the said damage or replace or restore any destroyed parts of the lease premises, as speedily as possible. at the Tenant's own cost and expense. 19. Damage to Premises. If the lease premises shall be so damaged by fire or other catastrophe (which is not caused by the fault or negligence of the Tenant or imputable to the Tenant) as to render said lease premises untenantable, the Tenant thereupon shall surrender the lease premises to the Landlord. The Tenant shall pay rent. duly apportioned up to the time o f such termination of this Lease. Notwithstanding the foregoing, in lieu of any termination of the Lease. Landlord may elect. at its sole option. within thirty (30) days after the event of such damage, to continue the Lease withOtlt regard of such damage, whereupon Landlord shall at its expense make the lease premises fit for occupancy and the rent shall be abated only for the period during which the Tenant shall be deprived o f the use of said lease premises by reason of such damage and the repair thereof. If said lease premises. without the fault of the Tenant. shall be slightly damaged by fire or other catastrophe but not so as to render the same untenantable for any substantial period of time, the Landlord: after receiving notice in writing of the occurrence of the injury, shall cause the same to be repaired with reasonable promptness; and in such event, rent shall be proportionately abated. according to the loss ofuse, until the lease premises are substantially restored. 20. Sublease/Assignment. Tenant shall not assign. sublease, mortgage, pledge or otherwise hypothecate or transfer all or any part of Tenant's leasehold estate hereunder, or permit the lease premises or ally portion thereof to be occupied by anyone without Landlord's prior written consent in each instance, which consent may be withheld in Landlord's sole and absolute discretion. In the event Tenant is a corporarion, these provisions shall apply to any transfer, sale or other disposition, whether voluntary or involuntary, of any stock in Tenant or to any merger, consolidation or dissolution or any other transaction, the effect o f which would be in any way to avoid or circumvent such prohibitions. Any assignment or sublerting contrary to the provisions ofthis Paragraph shall be void and shall, at the option of the Landlord, constitute a default under the terms of this Lease. 21. Maintenance and Repairs. Tenant shall during the term of this Lease keep in condition and repair equal to that which existed at the commencement of this lease the lease premises and every part thereo f, including without limiting the generality o f the foregoing, all 8 I .. plumbing fixtures, within the lease premises, refrigeration, electrical fixtures and lighting fixtures, additional fixtures, interior walls, wall coverings and paint, ceilings, floors and floor coverings, windows, doors, plate glass, awnings, and entrances. Landlord shall have responsibility for the repair and maintenance o f the building structure, roo f, foundation and structural integrity of any additional stories above the lease premises, and shall, at its expense provide major repairs and required replacement to mechanical systems situated within the lease premises. Major repairs and replacements are agreed to be those which cost more than S500.00 for each single item. and are required to provide the level of service and serviceability thereo f and therefrom currently existing. Any repairs or replacements that will exceed S500.00 may be undertaken by Landlord. provided Landlord and Tenant agree in advance upon a cost sharing arrangement for such repair or replacement. Absent such agreement. Landlord shall have no obligation to execute such repair or replacement, but in the event Landlord determines to effectuate such repair or replacement, Landlord shall have the sole discretion to determine the type, extent and quality of repair or replacement that shall be undertaken. 22. Signs. The Tenant shall not place nor allow to be placed any signs of any kind whatsoever, upon, in or about the said lease premises or any part thereof: except of a design and structure and in or at such places as may be indicated and consented to by the Landlord in writing. In case the Landlord or the Landlord's agents. employees or representatives shall deem it necessary to remove any such signs in order to paint or make any repairs. alterations or improvements in or upon the lease premises, they shall be replaced at the Landlord's expense when the said repairs. alterations or improvements shall have been completed. Any signs permitted by the Landlord shall at all times conform with all municipal ordinances or other laws and regulations applicable thereto. 23. Compliance with Law. Tenant shall obtain and pay for all permits or licenses that may be required for the operation o f the lease premises in accordance herewith. A copy o f such permits or licenses shall be submitted to Landlord for verification of this requirement prior to occupancy. The Tenant shall promptly comply with all laws, ordinances. rules. regulations, requirements, and directives of the federal, state, and municipal governments or public authorities and o f all their departments, bureaus and subdivisions, applicable to and affecting the said lease premises. their use and occupancy, and shall promptly comply with all orders, regulations, requirements and directives of the Board of Fire Underwriters or similar authority and of any insurance companies which have issued or are about to issue policies of insurance covering the said lease premises and its contents. for the , prevention of fire or other casualty, damage or injury, all at Tenant's own cost and expense. Tenant shall obtain and maintain during the life of this Lease, workerls compensation insurance and employer's liability insurance for Tenant's employees in strict compliance with i state laws. Certificates evidencing such insurance or approved self-insurance shall be submitted to Landlord prior to occupancy. Tenant shall not use the lease premises for any purposes deemed unlawful, disreputable, or extra hazardous. 9 .. 24. Quiet Enjoyment. So long as the Tenant is not in default hereunder during the term hereof or any renewal or extension hereof. the Landlord covenants that the Tenant shall peacefully and quietly occupy and enjoy the lease premises subject to the terms hereof. The Landlord warrants that it has full power and authority to execute this Lease. be bound by, and perform all its obligations hereunder. Notwithstanding anything to the contrary contained herein. Tenant acknowledges that Landlord's ight to occupy and lease the lease premises to Tenant is based upon Landlord's rights under the Master Lease. In the event Landlord loses the right to occupy and lease the lease premises because of a default by Landlord or the Owner o f the building in accordance with the provisions of the Master Lease, Landlord shall have no obligation hereunder to Tenant and this Lease shall be of no further force or effect, subject to the City of Aspen's rights pursuant to the Master Lease. 25. Condemnation. If the land and the lease premises leased herein, or of which the lease premises are a part, or any portion hereof, shall be taken under eminent domain or condemnation proceedings. or if suit or other action shall be instituted for the taking or condemnation thereof, or if in lieu of any formal condemnation proceedings or actions. if any, the Landlord or the City o f Aspen shall grant an option to purchase and/or shall sell and convey the said lease premises. or any portion thereof, to the governmental or other public authority, agency, body or public utility seeking to take said land and lease premises or any portion thereof, then this Lease, at tile option o f Landlord, shall terminate and the term hereof shall end as of such date as the Landlord shall fix by notice in writing; and the Tenant shall have no claim or right to claim or be entitled to any portion of any amount which may be awarded as damages or paid as the result of such condemnation proceedings or paid as the purchase price for such option, sale or conveyance in lieu of formal condemnation proceedings; and all rights of the Tenant to damages. if ann are hereby assigned to the Landlord. The Tenant agrees to execute and deliver any instruments, at the expense of the Landlord. as may be deemed necessary or required to expedite any condemnation proceedings or to effectuate a proper transfer of title to such governmental or other public authority, agency, body, or public utility seeking to take or acquire the said lands and lease premises or ally portion thereof. The Tenant covenants and agrees to vacate said lease premises, remove all the Tenant's personal property therefrom and deliver up peaceable possession thereof to the Landlord or to such other party designated by the Landlord in the aforementioned notice. Failure by the Tenant to comply with any provisions in this clause shall subject the Tenant to such costs, expenses, damages and losses as the Landlord may incur by reason of the Tenant's breach hereof. 26. Landlord's Lien. Tenant hereby grants to Landlord a security interest in any and all of Tenant's furniture, fixtures, equipment and inventory whenever acquired, their proceeds and the proceeds of any and all insurance policies carried thereon as and for additional security for the faithful performance by Tenant of all of its obligations hereunder. Tenant agrees to execute and deliver to Landlord, upon request, such additional documents as Landlord may require to establish and perfect such security interest including, without limitation, a financing statement in form satisfactory to Landlord, which is to be executed and 10 . e 1 .. delivered by Tenant to Landlord. The exercise by Landlord of any rights in and to such furniture, fixtures, equipment and inventory upon default hereunder shall be governed by Article 9 of the Colorado Uniform Commercial Code, as in effect at the time of such default, but such exercise shall not preclude Landlord from exercising any or all other rights and remedies hereunder or as provided by law. 27. Inspection and Repair. The Terlant agrees that the Landlord and the Landlord's agents. employees or other representatives, shall have the right to enter into and upon the lease premises or ally part thereof. at all reasonable hours, for the purpose of examining the same or making such repairs or alterations therein as may be necessary for the safety and preservation thereof. This clause shall not be deemed to be a covenant by the Landlord nor be construed to create an obligation on the part of the Landlord to make such inspection or repairs. Tenant expressly waives and releases any claim, demand, or cause of action it might have by reason of any inconvenience. annoyance to Tenant. its guests. licensees or invitees arising from any maintenance, alteration or repair to any portion o f the lease premises, the building in which it is located or the property upon which it is situate. Tenant grants to Landlord the right to temporarily discontinue utilities or any of them at any such time or times as may be necessary by reason of any such maintenance work. alteration or repair. 28. Landlord Remodel of Premises. In the event Landlord desires to remodel any portion of the lease premises during the term of this lease agreement, it may do so, provided it is solely at Landlord's expense and, provided further. that any remodel work commenced by Landlord shall not interfere with or disrupt Tenanfs business within the lease prernises. 29. Default. If there should occur any default on the part of the Tenant in the performance o f any conditions or covenants herein contained or if, during the term hereof. the lease premises or any part thereof shall be or become abandoned or deserted, vacated or vacant. or should the Tenant be evicted by summary proceedings or otherwise, the Landlord, in addition to any other remedies herein contained or as may be permitted by law. may either by force or othenvise. without being liable for prosecution therefor or for damages. re-enter the said lease premises and again possess the same with or without terminating this Lease: and as agent for the Tenant or otherwise, re-let the lease premises and receive the rents therefor and apply the same, first to the payment of such expenses and costs, as the Landlord may have been put in re-entering and repossessing the same and in making such repairs and alterations. as may be necessary; and second to the payment of the rents due hereunder. Whether or not the Landlord shall terminate this Lease, the Tenant shall remain liable for such rents as may be in arrears and also the rents as may accrue subsequent to the re-entry by the Landlord, to the extent o f the difference between the rents reserved hereunder and the rents, if any, received by the Landlord during the remainder of the unexpired term hereof, after deducting the aforementioned expenses, fees. and costs; the same to be paid as such deficiencies arise and are ascertained each month. In addition: upon any such de fault, or if Tenant be 11 .. adjudicated a bankrupt, insolvent or placed in receivership, or should proceedings be instituted by or against the Tenant for bankruptcy, insolvency, receivership, agreement of composition or assignment for the benefit o f creditors. or if this Lease or the estate o f the Tenant hereunder shall be transferred by virtue of ally court proceedings, writ of execution or levy sale, the Landlord may. if the Landlord so elects. at any time thereafter, terminate this Lease. upon written notice to Tenant or to any trustee. receiver, or other person in charge of or acting as custodian o f the assets or property of the Tenant. In the event of default, except in the payment of rent or additional rent hereunder, inc luding any default by Tenant under tile terms o f the Master Lease, Landlord, prior to the exercise of any of its rights or remedies hereunder. shall give Tenant notice of such default together with a ten (10) day right to cure should such default be in the payment of any other sums due Landlord hereunder or a twenty (20) day right to cure should such default be in any of the other conditions or covenants of this Lease or the Master Lease to be performed by Tenant, unless the same by its or their nature require immediate or earlier attention. Upon the giving of such notice, this Lease and the ter·m hereo f shall, unless the default shall be cured during the applicable period, end on the date fixed in such notice as if the said date were originally fixed in this Lease for the expiration hereof; and the Landlord shall have the right to remove all persons, goods, fixtures and chattels therefrom. by force or otherwise, without liability for damages. No right of redemption shall be exercised under any present or future law of the State of Colorado in case the Tenant shall be dispossessed for any cause or if the Landlord shall: in any other marmer. obtain possession of the lease premises in consequence o f the violation of any of the covenants and agreements of the Tenant. The Landlord shall have a lien paramount to ail others on every- right and interest of the Tenant in and to this Lease. and on any furnishings. equipment, fixtures, or other personal property of any kind belonging to the Tenant. or the equity of the Tenant therein, on the leased property. Such lien is granted for the purpose of securing the payment o f rents. taxes, assessments, insurance charges, liens penalties and damages herein covenanted to be paid by the Tenant and for the purpose of securing the performance of all of the Tenant's obligations under this Lease. Such lien shall be in addition to all rights o f the Landlord given under statutes of this State, which are now or shall hereinafter be in effect. 30. Attorneys' Fees and Waiver of Right to Jury. In the event of any litigation or other action or proceeding between the parties hereto arising out of the performance or non- performance of this Lease. or enforcement of any rights or remedies hereunder. including any indemnities herein contained, the prevailing party shall be entitled in such litigation, action or proceeding to also recover as part of any judgment, award or other relief. its reasonable attorneys' fees and costs incurred. The Landlord and Tenant expressly waive any right which either may have to trial by jury of any dispute arising under this Lease relating to the issues o f termination of this Lease and rights to possession of the lease premises. 31. Delays. Whenever a period of time is provided in this Lease for either Landlord or Tenant to do or perform any act or thing, neither Landlord nor Tenant shall be liable or responsible for performing any obligation hereunder as a result o f any unavoidable 12 .. delay due to strikes, lockouts, casualties, acts of God, or other governmental regulations or control or other causes beyond such party's reasonable control, and the time for performance specified herein shall be extended for a period o f time corresponding to such delay. 32. Mortgage Priority. This Lease shall not be a lien against the lease premises with respect to any mortgages or trust deeds now or hereafter placed upon the lease premises or the building. The recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien to this Lease, irrespective of the date of recording and the Terlant agrees to execute any instruments, without costs, which may be deemed necessary or desirable, to further effect the subordination of this Lease to any such mortgage or mortgages. In addition, this Lease shall be subordinate to the Master Lease. Tenant shall. upon request. execute any estoppel certificates or attornment agreements that may be required by the holder o f any mortgage or trust deed now or hereafter placed upon the lease premises or the building or by the Owner of the building in which the lease premises are located. A refusal by the Tenant to execute any such instruments shall entitle the Landlord to at once terminate this Lease. Tenant agrees not to record or file this Lease in the real estate records affecting the building in which the lease premises is located. Any such recording in violation hereof shall be considered a slander of Landlord's and the City of Aspen's title and a breach of this entire Lease. This covenant shall survive the expiration or earlier termination of this Lease. 11 Holding Over. This Lease shall expire of its own accord without notice at 0 0. the end of the term or earlier. as herein specified. If. after the expiration of this Lease, Tenant remains in possession of the lease premises with or without the Landlord's consent, such holding over shall be a tenancy-at-will at a rental equal to 125% of the last monthly rental provided in this Lease, and otherwise subject to all the obligations and conditions of this Lease. including Tenant's liability for any damages incurred by Landlord as a result of Landlord's inability to deliver possession of the lease premises to Thin Air Foods as a result of Tenant's holding over. 34. Cumulative Remedies. The various rights, remedies, options and elections o f the Landlord expressed herein are cumulative and the failure o f the Landlord to enforce strict performance by the Tenant of the conditions and covenants of this Lease or to exercise any election or option or to resort or have recourse to any remedy herein conferred or the acceptance by the Landlord o f any installment o f rent after any breach by the Tenant, in any one or more instances. shall not be construed or deemed to be a waiver or a relinquishment for the future by tile Landlord of any such conditions and covenants, options, elections or remedies, but The same shall continue in full force and effect. 35. Cleanliness: Waste and Nuisance. Tenant shalI keep the lease premises at all times in a neat, clean and sanitary condition, shall neither commit nor permit any waste or nuisance thereon, and shall keep the walks adjacent thereto free from waste and debris, and all 13 I I .. snow and ice which shall not be the responsibility o f the Landlord or the City of Aspen to remove. Tenant shall store all trash in the containers provided for that purpose. 36. Brokers. Each party represents to the other that it has had no dealings with any real estate broker or agent in connection with the negotiation o f this Lease. 37. Waiver. No waiver by Landlord or Tenant o f any provision o f this Lease shall be effective unless in writing nor shall suchwaiver be deemed a waiver of any other provision hereof, nor of any subsequent breach by Tenant of the same or of any other provision. 38. Surrender o f Premises. At the end o f each five month period of possession o f the lease premises by Tenant, as well as at the termination of this Lease. Tenant shall surrender the lease premises to Landlord in good condition and repair, excepting for reasonable wear and tear and acts of God. Tenant shall have the right at the end of the terra hereof to, and upon demand by Landlord Tenant shall, remove any equipment: furniture, trade fixtures not affixed to the realty, and other personal property placed in the lease premises by Tenant and Tenant shall promptly repair any damage to the lease premises caused by such removal. 39. Governing Law. This Lease shall be construed and enforced in accordance with the laws of the State of Colorado. In the event of any litigation arising out of this Lease. jurisdiction and venue shall rest with the District Court for Pitkin County. 40. Time of Essence. Time is of the essence with respect to the performance o f every provision o f this Lease in which the time of performance is a factor. 41. Severability. The terms, conditions, covenants, and provisions o f this Lease shall be deemed to be severable. If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation o f any applicable law, it shall not affect the validity of any other clause or provision herein. but such other clauses or provisions shall remain in full force and effect. 42. Notices. All notices required under the terms of this Lease shall be given in person or by mailing such notices by certified or registered mail, return receipt requested, to the address of the party as shown at the beginning of this Lease, or to such other address as , may be designated in writing, which notice of change of address shall be given in the same manner. If not sooner received. any notice given by mail shall conclusively be deemed received three (3) days after the date of certification or registration. 43. Entire Lease. This Lease contains the entire contract between the parties and there are no other agreements, understandings, representations, or warranties except as expressly set forth herein. No additions, changes or modifications, renewals or extensions 14 :1 .. hereof shall be binding unless reduced to writing and signed by the Landlord and Tenant. To the extent possible, this Lease shall be construed vis-a-vis the Landlord and Tenant without reference to the Master Lease. However, in the event the rights of Landlord and Tenant hereunder are directly affected by and in conflict with provisions of the Master Lease, such that to adhere to the terms o f this Lease would result in a default by Landlord under the Master Lease, the Master Lease provision shall control. 44. References. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender or number as the text of the within Lease may require. 45. Tenant is an Indenendent Contractor. This Lease is not a contract of employment. No relationship of employer and employee. joint venture or partnership, exists between Landlord and Tenant or between the Landlord and any employee or agent of the Landlord. Tenant shall at all times be deemed to be an independent contractor. Tenant is not authorized to bind Landlord to any agreements or obligations. The term Landlord when used in this Lease shall mean and include the Executive Director of the Landlord and any other agent or employee of the Landlord designated by the Director with the responsibility of enforcing any of the terms of this Lease. 46. Binding Effect. All the terms: covenants, and conditions herein contained shall be for and shall inure to the benefit of and shall bind the respective parties hereto, and their heirs. executors. administrators: personal or legal representatives. successors and assigns respectively. 47. Guaranty. In the event Tenant hereunder is a corporation, this Lease and the performance o f all the payments, obligations, conditions and covenants contained herein shall be personally guaranteed by the shareholders of Tenant by execution o f a guaranty o f lease in a form provided by Landlord. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year above first written. TENANT: 4 1/.22.61« Malcolm MacI '*-1,1 0- 92- 9%15 Pam Golden 15 -- .. /77.-LL&£-L-s ji< a~&)<; Marilyn Carruthers L LANDLORD: ASPEN/PITKIN COUNTY HOUSING AUTHORITY, a multi-jurisdictional housing authority By:3 « _ Elizabeth Krizmanich, Chairperson APPROVED AS TO FORM: APPROVE94$~TO CONTENT: . Thomas B/Smith, #sq., ~·-~:6ave T».Elf·**6&MFDirector Attorney to Aspen/Pitkin Aspen/Pitkin County Housing County Housing Authority Authority 1 . .. EXHIBIT A [LEGAL DESCRIPTION - MAROLT RANCH] g .. EXHIBIT B [DELINEATION OF LEASE PREMISES-] 3 .. EXHIBIT C [INVENTORY] 4 1 3 710 7 F j i (-f f«~«----·l %5 4\.- t M ap -63 < I-/-33 *4.*.4 1 , 1 £,1, r . .tintic--1.0./flo 4 \..k .-- -1- 1 Location \ 77 i -«« 4\\20 4 - 78 1- 41 0 4 4 U 1 21*L?d . /4 ts \: Ser *3182 .-<773- B j 6 3 40: f \ )1 11 <Ch 55400"Y i ~4.m,•,i~AL« <*IJAN. Ct / t, .r• U 4,4 lk'(, 0,/Inga V..0 14.1, if• IS&., 11 a\10 m -6 e ™11 10(~asal! 1 -011'~Fit F 94 n 31\-AL 6. 1 1 .-$1 J \ 47 57 1 -- -i'le/•~ 5< ~ -h, 0 »~1»«-~ /1 4 93< --93 1 11} Fi 'cl. S' L.__ 31~~~t.*'\ \ 8 1 V> 6 -3-1---™6 ---- 1- ------------W ------------~ », 7-<. 4 4 4 n.;in, 51 .1 /0/6* . I A Bi... 51 ,(,1, St '1 0 - 44&„4, ii : a Iyh/··- Di__~ I b / 1 -) -3---__.j 17•2<- .1 3 (/ 1 ./- :U 4 9. 1., , - 4 - --13 M .1. -~'*4 C Of 4 1 - * 3 ..try_ L I / .... St -- Ch»*t St 4 ir j a 1, i 14 - l 91 X 4 9 ASP e"r'l ~AN, 4. Xi- 4. - J Al Akour 1 1 j < A ON. Aspen 1 Mountain 00 '6 site - 0 43 CN - U. m .....r I Z. w 1 / ts:z /21,#p" / \C ,- - 613 /- 90* --0.3 hn t 9 - ~1 1 11))/ 1 ) 1 -1-- j 11 11 1 )1[ 11 711 1111 Ill 1 1, 1 1 1] 1 4014/13 17 989% ON1 2313 n ity€·- -44 *:.. n:54£41 . \ \ 1 1 L 1 1 L / £) 3 9*tih#~~ i I / i j %;;7 3/ 1 \1 ; 11 1, " '1 / SAMS ~ tff- \ -'t-\ 11/ lil .7.12. 0 7,2./ ./0 . 10/%, -FR, -- 4'r 1.4#5-2/.4,192 I 41 C 5.89 11 / , I \ I /r= 7-3 22) --4 1 -S~ I ' t $ *n 4- . rfiaw#:BM,+Aff I C &*5ffr · 1 , 0 , / J / I / 1 0 - -- - f k 1, , 91* -i.Cen -- -e=Z ff€.2.- L. , - · 2-112/>* 5-z- 47.- 0 7- 6 _ 4 I I. i I .. 0 ¢ 0 /36 4 OX--\ ... . Service u Id n 9 4 1 4.t' 4 / 0 . St' i & 9 7 - -Tho///v \ * 13 1 . i . Ex H- i ~ c -r £3 i .. I ' % / . 0 I - I / ' 1 / 1 ,-. . X. X 1 Er\ Food Service '1)i-- - / 40 Caf /teria 544 - f / M ...- \L /\Qi - (leper \60-6 ( 0 n If .L tt / #R \1-- 0 ; 4 4 / rEV f .· 1 t , , 1- 1* . .. P -g --- . 4 -7 / / 1 4 /, 1/, -+ Location Map I '. I - 0 .-/ t.*./ 9 " 9/ - J// .24»' 14-I -57 4- / / 1 1 .el 18 4 7 1...*. _---1 d . hU t / . T/8•1•11 1 9 21 - 4// \.4.-. 2 h -- : L.3 --- Ill ! --S-- / > \ i jt · ilding D L D. 4 /. \ 11 3.1 .0 -- A- &- 0 \ . MA . . i 9 4 £ ..0 3.-· S \\ 41/j>% 6.1 ' A-.Al j? ... 1 - PHA*%1124€7- -, - 15 PAA :SE /1 lf)\:C·,1 '. \ g. cit 0 0 - l , I. /1111\((l ..1(fi H PIF>F . .. EXHIBIT C Inventory of Moveable Items: 70 Wooden chairs 6 Long tables 7 short tables 1 Two bay salad counter 1 Four station hot serving unit 1 Sandwich prep refrigeration unit 1 Wolf large griddle 1 Wolf stove top 6 burner combo 2 oven small griddle 1 GE over/under convection oven 1 Cres-cor hot unit 1 Tabco steel table 41:·,+i !1!.1.LOU' L.. 1..-:;., i i .t. •• ~ i b#/0/T C 1 , MAROLT CAFETERIA [i MUSIC ASSOCIATES OF ASPEN , 1J FOODSERVICE EQUIPMENT SPECIFICATIONS 4 APRIL 06, 1990 il 1" !M 1 }2 EXISTING EQUIPMENT ITEMS: 1 Bidder shall be responsible for visiting the site'prior to bidding to fully in- form himself with the existing conditions. The Equipment Contractor shall clean listed existing items and replace any defective parts. He shall move and reset listed existing Items In new locations shown on plan as required. Renovation , shall consist of removing al l existing equipment from the premises, storage and .2 complete cleaning (cleaning shall consist of the removal of residues of foods, 1 ingredients, dirt and all other soiling materials and extraneous matter), repainting painted Items as required, and all labor and parts necessary to ·. produce a functional Item. Repairs and parts shall be for minor items such as control knobs, handles, pilot lamps, minor adjustments, etc. Any major repairs '£ or parts required shall be noted In writing, with cost of parts and labor. Any major repairs or parts required, which are only detectable during repairs shall : be noted In writing, with cost, to the Owner for approval and addition to the h contract price. ITEM #1: STORAGE SHELVING ~antity: Three (3) Sections Manufacturer: Clarlson Inc. 4 Model No.: Zinc Plated Wire Shelving Pertinent Data: 18" Wide x 74" High With Four Tiers f Utilities Req'd.: Furnish and set in place per manufacturer's standard specifications and the '' following: ·1 1. Length and configuration of sheiving units per plan and verified room dimensions. 2. Use "S" hooks and common post assemblies, where possible. , 1 ITEM #2: WALK-IN COOLER r Quantity: One (1) A Manufacturer: Mld-South Industries, Inc. t Model No.: Thermo-Kool , Pertinent Data: 6'-0" x 81-0" x 7'-4" High With Floor Utilities Reg'd: 15 AMP 120V 1 Ph (Continued next page) FOODSERV I CE EQUIPMENT M f PAGE 15 A .; 1 1 It --tr'Er..-570·T L 7 I k 0 ITEM #2: ~WALK-IN COOLER (Continued) ~ Furnish and set in place as per manufacturer's standard specifications and the following: Im'.1= 1. Unit to be installed with integral Insulated floor. 122 2. Interior and exterlor finish to be 0.040 patterned aluminum with 14 Ga. -4, galvanized steel floor. P- 3. One (1) 34" x 76" entrance door, hinged as shown on plan. 4. Unheated pressure relief port. 5. One (1) extra vapor-proof lights for field installation by the Electrical ~ Contractor 6. Two (2) matching floor to finished ceiling trim strips; verify hdight. 7. Matching closure panels on all exposed sides to finished ceiling; verify height. 8. Verify building conditions for fit. 9. Unit to be N.S.F., U.L., and U.L. classified with a #25 flame spread. .r- 10. See plan for size and configuration of compartment. 11. See Item #58, Cooler Compressor for information regarding the ~ refrigeration system. ITEM #3: REFRIGERATION SHELYING Quantity: Five (5) Sections Manufacturer: Clarison Inc. Model No.: Chrome Plated Wire Shelving Pertinent Data: 18" Wide x 74" High With Four Tlers Utilities Req'd.: Furnish and set in place per manufacturer's standard specifications and the following: 1. Length and configuration of shelving units per plan and verified room .ir dimensions. 2. Use "S" hooks and common post assemblies, where possible. FOODSERVICE EQUIPMENT ~ PAGE 16 . I -0 0 ITEM #4: WALK-IN FREEZER ~ Quantity: One (1) (Existing) Manufacturer: Widman Model No.: Floor type Pertinent Data: 5'-811 x 8'-01' x 7'-5" High With Floor Utilities Reg'd: 15 AMP 120¥ 1 Ph Furnish and set in place as per manufacturerts standard specifications and the following: 1. Renovate and relocate as required and as shown on plans. 2. Kitchen Equipment to provide One (1) new ceiling mount vapor-proof light for field installation by the Electrical Contractor 3. Include two (2) new matching floor to finished ceiling trim strips; verify height. 4. New matching closure panels on all exposed sides to finished ceiling; verify height. 11. See Item #59, Freezer Compressor for information regarding the refrigeration system. 1 TEM #5: REFRIGERATION SHELVING Quantity: Five (5) Sections Manufacturer: Clarison Inc. Model No.: Chrome Plated Wire Shelving Pertinent Data: 18" Wide x 74'1 High With Four Tiers Utilities Reg'd.: Furnish and set in place per manufacturer's standard specifications and the following: 1. Length and configuration of shelving units per plan and verified room dimensions. 2. Use MS" hooks and common post assemblies, where possible. ITEM #6: MIXER Quantity: One (1) (Existing) 1. Renovate and relocate as required and as shown on plans. FOODSERVICE EQUIPMENT ' PAGE 17 0 0 ITEM #7: MIXER STAND Quantity: One (1) Manufacturer: Seco Products Model No.: MX-29-T Pertinent Data: With Accessory Rack Utilities Req'd.: Furnish and set in place per manufacturer's standard specifications and the following: 1. Include End opening undershelf and utensil rack. ITEM #8: SLICER Quantity: One (1) (Existing) 1. Renovate and relocate as required and as shown on plans. F ITEM #9: SLICER STAND ~ Quantity: One (1) Manufacturer: Seco Products o Model No.: MX-29-T t Pertinent Data: With Accessory Rack Utilities Reg'd.: Furnish and set In place per manufacturer's standard specifications and the following: 1. Include End opening undershelf and utensll rack. ITEM #10: SPARE NUMBER : ITEM #11: WALL SHELF Quantity: Two (2) Manufacturer: Custom Fabritated Model No.: Stainless Steel ~ PertinenT Data: 1'-211 Wide/See Plans For Length And Configuration Utilities Reg'd: Fabricate and set in place as per plans, details and the following: 1. Standard detail FS12-1. . 1 FOODSERVICE EQUIPMENT PAGE 18 k-I -'. ' 0---+U L~..L. . .... .. ITEM #12: PREP TABLE Quantity: One (1) (Existing) 11. 1. Renovate and relocate as required and as shown on plans. n ITEM #13: FIRE SUPPRESSION SYSTEM n Quantity: One (1) (Existing) Utilities Req'd: 20 AMP 120Y 1 Ph Furnish and set in place as per manufacturer's standard specifications and the following: 1. Renovate and relocate as required and as shown on plans. 2. Contractor to provide all new surface appliance nozzles, hood and duct protection nozzles in exhaust hood, Item #14. Relocate existing manual pull station. 3. 4. All exposed pipe and fittings shall be chrome plated or stainless steel. U 5. Six-month and twelve-month inspections, servicing, and replacement of components as per N.F.P.A.-96, latest edition. 6. All components and labor necessary for completely installed system in accordance with N.F.P.A.-96 latest edition, 0.S.H.A., and all prevailing rules and codes. 7. Components inside exhaust hood shall be installed at hood manufacturer's shop during fabrication. 8. Provide with new automatic mechanical gas shut-off valve (not electric solenlod valves) for equipment below exhaust hood, Item #14. Coordinate installation with Plumbing Contractor. 9. Electrical contractor to provide shunt trip breakers at main power panel Interconnected with micro-switch at fire system control panel for all equipment under exhaust hood, Item #14. Shunt trips to accomplish shut off of equipment in event of fire system activation. 1 TEM #14: EXHAUST HOOD Quantity: One (1) Assembly Manufacturer: Molitron Model No.: BF-120X66 Pertinent Data: With Type 1 Make-up Air Plenum Utilities Reg'd: 20AMP, 120¥, 1Ph, 1211 x 17" Exhaust Outlet, 2500 CFM, (.75" SPWG), 8" x 25" Inlet, 1250 CFM .2"SPWG) (Continued on next page) FOODSERVICE EQUIPMENT PAGE 19 Lt I .4 9. . ITEM #14: EXHAUST HOOD (Continued) Furnish and set in place as per manufacturer's standard specifications and the following: 1. Assembly to consist of one unit 10'-0" long x 51-611 wide overall. 2. 18 gauge Type 304 stainless steel. 3. External welded construction. in accordance with the latest edition of NFPA 96. All exposed welds to be ground and polished. 4. U.L. classified, non-adjustable, stainless steel grease filters. 5. Stainless steel, removable grease can(s). 6. Sloped grease trough, full length below filters to grease can(s). 7. Hangers, supports and miscellaneous accessories as required for r. installation. 8. Air space at rear to accommodate requirements of the latest edition of NFPA 96 clearance to combustibles. 9. All welded 4" high duct collar. 10. Pre-piping for Ansul R-102 chemical fire protection system. 11. See sheet Kl.1 for size and location of duet. 12. Provide S/S closure panels above hood (lf required) to finished ceiling - conceal exhaust duct and fire protection system piping; verify height. 13. Final connections to hood duct collars by the Mechanical Contractor. ' 4 14. Hood construction to be UL and NSF listed. 15. Mounting height of bottom edge of hood will be 6'-61' above finished floc (minimum and normal) to 7'-0" above finished floor maximum. 16. Incandescent lights, U.L. listed for use In commercial cooking hoods, N approved. i i 1 1 ITEM #12: CONVECTION OVEN Quantity: One (1) (Existing) 1. Renovate and relocate as required and as shown on plans. FOODSERVICE EQUIPMENT PAGE 20 , 0 . ITEM #16: STEAMER ~ antity: One (1) h ti ~nufacturer: Cleveland " 11 Model No.: CET-8 H Pertinent Data: Self Contained Unit 1k It Utilities Reg'd.: 8.1 KW, 208V, 3Ph, 1/2" CW, 1-1/2" IW It l* ; i Furnish and set in place per manufacturer's standard specifications and the ~; following: 1 i 1. Heavy duty stainless steel stand. ITEM #17: RANGE & OVEN li Quantity: One (1) Manufacturer: Wolf ~i Model No.: CH-2-29-2HT iii Pertinent Data: Two (2) Open Burners, Two (2) Hot Top Sections Utilities Req'd.: 108,000 BTU, 3/4" Gas ! i It i: Furnish and set in place per manufacturer's standard specifications and the :l following: Ii 1. Heavy duty casters, two (2) with brakes. i, iE ~ Heavy duty flex connector with quick disconnect and vinyl coated it restraining device. H I i 3. Single deck high shelf. 4 li ITEM #18: POT SINK 1! Quantity: One (1) Manufacturer: Custom Fabricated Model No.: Stainless Steel i Pertinent Data: 2'-6,1 Wide x 2'-10" High/See Plan For Length And .~ Configuration Utilities Reg'd: (2) 1/2" H & CW, (3) 1-1/2" IW ~1 i Fabricate and set In place as per plans, details and the following: ,1 1. Standard details; FS1-48, FS1-5C, FS1-7, FS1-8, FS1-10, FS1-13, FS1-14, FS3-1, FS3-3, FS3-4 and FS3-5. 2. Integral sinks to have one piece front and two (2) B-230 splash mount r .t faucet (18" spout) and three (3) rotary waste assemblies. 1 .i i ·i FOODSERVICE EQUIPMENT ~ 't > PAGE 21 K ITEM #19: WALL SHELF ~ Quantity: Two (2) Manufacturer: Custom Fabricated Model No.: Stainless Steel Pertinent Data: 11-2" Wide/See Plans For Length And Configuration Utilities Reg'd: Fabricate and set In place as per plans, details and the following: 1. Standard detail FS12-1. ITEM #20: SPARE NUMBER ITEM #21: MOP SINK Quantity: One (1) (By Plumblng Contractor, N.I.C.) ITEM #22: REFRIGERATOR Quantity: One (1) (Existing) 1. Renovate and relocate as required and as shown on plans. ITEM #23: HEATED CABINET Quantity: One (1) (Existing) 1. Renovate and relocate as required and as shown on plans. ITEM #24: FRYER Quantity: One (1) Manufacturer: Star Mfg. Model No.: 530-T-E Pertinent Data: Twin Pot Unit Utilities Reg'd.: 6.91 KW, 208V, 1Ph Furnish and set In place per manufacturer's standard specifications and the following: 1. Stainless steel tanks and stainless steel fry pot covers. FOODSERVICE EQUIPMENT PAGE 22 0 . ITEM #37: DISHMACHINE Quantity: One (1) Manufacturer: Champion Model No.: DH-1 Pertinent Data: Door Type Unit p Utilities Reg'd.: 1 HP, 3.0 KE, 208V, 3Ph, 3.4" HW, 1-1/2" IW Furnish and set In place per manufacturer's standard specifications and the ~ following: 1. Standard complement of ware washirt} racks ~ ITEM #38: GLASS RACK SHELF Quantity: One (1) Manufacturer: Custom Fabricated , ~ Model No.: Stainless Steel Pertinent Data: See Details Utilities Reg'd: Fabricate and set In place as per plans, details and the following: 1. Standard detail FS12-4. 0 f ITEM #39: DISPOSER Quantity: One (1) (Existing) 1. Renovate and relocate as required and as shown on plans. 1. Provide new vacuum breaker, solenold valve, and on off switch. ITEM #40: SOILED DISHTABLE Quantity: One (1) (Existing) 1. Modify and relocate as required and as shown on plans. i 1. Modify unit to fit at pass window and provide new end splash at left end ITEM #41: SALAD/BEVERAGE COUNTER Quantity: One (1) (Continued Next Page) FOODSERVICE EQUIPMENT PAGE 26 ''... 0 0 ITEM #41: SALAD/BEVERAGE COUNTER (Continued) M~acturer: Custom Fabricated NO.: Millwork Pertinent Data: 13'-01' Lang x 5'-011 Wide x 2'-1011 High Utilities Reg'd.: 120V, 1Ph and 208V-1Ph, 1" IW Fabricate and set in place per plans, details and the following: 1. Standard details; FS1-7, FS1-23, FS1-328 and FS8-1. 2. Provide four (4) 120V, 1Ph and one (1) 208V, 1Ph pedestal type top mounted duplex outlets as Indicated on drawings. 3. Enclose base with hinged doors, and provide removable acess panel at end adjacent to plate dispensers. 4. Provide 2'-0" long x 4" wide drip trough at coffee urn. ITEM #42: PLATE DISPENSER Quantity: Two (2) Manufacturer: Amer[can Wyott Model No.: 38-0074 Pertinent Data: Verify Plate Size W-lities Req'd.: , Furnish and set in place per manufacturer's standard specifications and the t i following: 1. Verify Plate size prior to fabrication. 2. Install in top cutouts of Salad/Beverage Counter Item #41. ITEM #43: ICE PAN ; Quantity: One (1) Manufacturer: Custom Fabricated Model No.: S/S Pertinent Data: See Details Utilities Reg'd.: 1-1/2" IW Fabricate and set In place per plans details and the following: 1. Standard Detail FS1-25. 2. Install in top cutouts of Salad/Beverage Counter Item #41. (Continued Next Page) FOODSERVICE EQUIPMENT PAGE 27 r 0 0 ITEM #51: SERVING COUNTER Quantity: One (1) 1 Manufacturer: Custom Fabricated Model No.: Millwork Pertinent Data: 16'-01' Long x 3'-61' Wide x 2'-101' High Utilities Reg'd.: 120V, 1Ph and 208V-1Ph, 1" IW Fabricate and set in place per plans, details and the following: 1. Standard details; FS1-7, FS1-23, FS11328 and FS8-1. 2. Provide One (1) interior mounted 120Y, 1Ph duplex outlet as indicated on drawings. 3. Semi-enclosed base with bottom and intermediate shelves. 4. Make top and body cutouts to accommodate Item #'s 53, 55, and 57. ITEM #52: PROTECTOR SHELF Quantity: One (1) Manufacturer: Custom Fabricated Model No.: SES Pertinent Data: See Details Utilities Reg 'd.: Fabricate and set In place per plans, details and the following: 1 1. Standard details; FS-16-1 (No light) ITEM #53: HOT FOOD WELL Quantity: One (1) Manufacturer: Wells Model No.: MOD-400 Pertinent Data: Drop In Type Utilities Req'd.: 3.8 KW, 208V, 1Ph, 1-1/2" IW Furnish and set in place per manufacturers standard specifications and the 1 following: 1. Drain manifold with individual shut off valves. 1 FOODSERVICE EQUIPMENT PAGE 29