HomeMy WebLinkAboutcoa.cclc.ag.051811 •
COMMERCIAL CORE & LODGING COMMISSION
SPECIAL MEETING
SISTER CITIES MEETING ROOM
MAY 18, 2011
8:30 A.M.
8:30 I. Roll call and approval of minutes — May 4, 2011
II. Public Comments not on the agenda (please limit your
comments to 3 minutes
III. Mall lease — Escobar — 426 E. Hyman
IV. Streeb - Lacrous lighting presentation
1:00 V. Adjourn
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MALL LEASE AGREEMENT
THIS LEASE AGREEMENT made as of , 2011, at Aspen, Pitkin
County Colorado, by and between THE CITY OF ASPEN, COLORADO, a
municipal corporation, a Lessor (hereinafter "City"), and individual, partnership,
corporation, as Lessee (hereinafter "Lessee ") a roeS t •sp L c
Address of Lessee: Vd Cv s ff /744 /�17,.e. A c ow
WITNESSETH:
WHEREAS, the City of Aspen, Colorado, by its Ordinance No. 20 (Series of
1973) established a Pedestrian Mall on those city streets designated therein; and
WHEREAS, the City Council of the City of Aspen, and Aspen Commercial
Core and Lodging Commission ( hereinafter "CCLC ") are desirous of leasing
portions of said Mall to abutting land owners and/or lessees who wish to use such
areas for restaurant and/or liquor sales;
NOW THEREFORE, in consideration of the mutual covenants, terms and
conditions contained herein, it is agreed as follows:
1. The City does hereby lease to Lessee approximately square feet of
the said Pedestrian Mall, being that portion of the Mall abutting the business
structure and lot area owned and/or managed by Lessee. Encroachments are not to
be considered to-be part of such building and/or lot. The term of this lease shall be
for the period of time beginning on May 20, 2011 and terminating on October 17,
2011. Rent shall be calculated at $ 2.50 per square foot per month. As rent for
such area and term, Lessee hereby agrees to pay City the total sum? 75! 7 1which
sum shall be payable in advance on or before July 1, 2011 at the offices of the City
Clerk, Aspen City Hall, Second Floor, 130 S. Galena Street, Aspen, Colorado
81611.
If the rent payment is not paid in full when due, a penalty in the amount of ten
percent (10 %) shall be assessed on the arrears and, in addition, interest on the
arrears shall accrue at the rate of two percent (2 %) per month.
2. Lessee agrees to use such area for the sole purpose of selling and
dispensing food or beverages to the public. Such area shall be open to the public at
least seven (7) hours per day between the hours of 9:00 a.m. and 11:00 p.m. Food
shall be available in the leased area during all hours it is open to the public. Lessee
further agrees to use the premises for no purpose prohibited by the laws of the
it d States, the State of Colorado, or ordinances of the City of Aspen. Further,
lessee agrees to comply with all reasonable recommendations by Aspen CCLC
relating to the use of the leased premises.
3. Lessee shall remove any structures on the leased premises promptly
upon expiration of this lease. Failure to remove them within ten (10) days of said
expiration shall result in ownership therein transferring to the City of Aspen.
4. Lessee agrees to keep said premises in repair and free from all litter,
dirt and debris and in a clean and sanitary condition; to neither permit nor suffer any
disorderly conduct or nuisance whatever about said premises which would annoy or
damage, either proximate or remote, occurring through or caused by any alteration
to said leased premises, or by any injury of accident occurring thereon. Further,
Lessee does, by execution of this agreement, indemnify and agree to save harmless
the City of Aspen its employees, elected and appointed officials, against any and all
claims for damages or personal injuries arising from the use of the premises as
herein above described. Further, Lessee agrees to furnish City with certificate(s) of
insurance naming the City of Aspen as an additional insured as proof that it has
secured and paid for a policy of public liability insurance covering all public risks
related to the leasing, use, occupancy, maintenance, and operation of location of the
leased premises. The insurance shall be procured from a company authorized to do
business in the State of Colorado and be satisfactory to the City. The amount of this
insurance, without co- insurance clauses, shall not be less than the maximum liability
that can be imposed upon the City of Aspen under the laws of the State of Colorado
found at C.R.S. Section 24 -10 -101, et seq. as amended. Lessee shall name the City
as co- insured on all insurance policies and such policies shall include a provision
that written notice of any non - renewal, cancellation or material change in a policy
by the insurer shall be delivered to the City no less than ten (10) days in advance of
the effective date.
5. No portion of the Lessee's fixtures shall extend beyond the boundaries
of the City- leased premises; this shall be construed to include planters, umbrellas
while closed or open, any type of lighting fixtures, and any other fixtures of the
Lessee.
6. Menu boards must be flush mounted to the outside of the fence. Two
are permitted. Size for each menu board is four square feet: 1x4 or 2x2. Blinking
lights are not permitted. Sandwich boards are permitted inside leased premises.
Podiums must be inside leased space. Wait station permitted within leased
premises. Portable wait stations are preferable. Must be taken in at night for
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wildlife protection. No food or ice to be dispensed from wait station. If beverage is
to be dispensed must have lids. No mixing of drinks at wait station. If wait station
is temporarily affixed for the season it must be sanitized nightly. Flower pots are to
be attached to the inside of the fence. Umbrellas with signage other than business
name are permitted. Umbrellas must be contained within the leased premises. All
structures, canopies or covers, other than umbrellas, shall be prohibited. Any other
improvement shall require the express written consent of the City, including
approval by the Aspen CCLC and the Aspen Historic Preservation Commission.
7. Lessee agrees to permit agents of the City to enter upon the premises at
any time to inspect the same and make any necessary repairs or alterations to the
sidewalks, curbs, gutters, streets, utility poles, or other public facilities as the City
may deem necessary or proper for the safety, improvement, maintenance or
preservation thereof Lessee further agrees that if the City of Aspen shall determine
to make major structural changes to the Aspen Pedestrian Mall which may affect
any structures placed within the mall by the Lessee that the Lessee, by execution of
this agreement, hereby waives any and all right make any claim for damages to the
improvements (or to its leasehold interest) and agrees to remove any structures
necessary during such construction periods. City agrees to rebate all rents in the
event it undertakes major structural changers to the Aspen Pedestrian Mall during
the lease period.
8. The City of Aspen by this demise hereby conveys no rights or interest
in the public way except the right to the uses on such terms and conditions as are
above described, and retains all title thereto.
9. Lessee agrees not to sublet any portion of the leased premises, not to
assign this lease without the prior written consent of the City being first obtained.
10. Lessee hereby affirms that Lessee is the owner and/or lessee of the
abutting property and agrees that on sale or other transfer of such ownership
interest, Lessee will so notify the City of the transfer in interest, and all right and
interest under this lease shall terminate.
11. Lessee agrees to surrender and deliver up the possession of the leased
premises promptly upon the expiration of this lease, or upon five (5) days' written
notice in the case of the termination of this lease by City by reason of a breach in
any provision hereof.
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12. If legal action is taken by either party hereto to enforce any of the
provisions of this lease, the prevailing party in any legal action shall be entitled to
recover from the other party all of its cost, including reasonable attorney fees.
13. It is further agreed that no assent, expressed or implied, to any breach
of any one or more of the covenants or agreements herein shall be deemed or taken
to be a waiver of any succeeding or any other breach.
14. Lessee agrees to comply with all laws, ordinances, rules and
regulations that may pertain or apply to the leased premises and its use. In
performing under the lease, Lessee shall not discriminate against any worker,
employee or job applicant, or any member of the public because of race, color,
creed, religion, ancestry, national origin, sex, age, marital status, physical handicap,
status or sexual orientation, family responsibility or political affiliation, or otherwise
commit an unfair employment practice.
15. Lessee and City agree that all correspondence concerning the Lease
shall be in writing, and either hand delivered or mailed by first class certified mail to
the following parties:
City of Aspen CITY OF ASPEN, COLORADO
130 South Galena Street
Aspen, Colorado 81611 By
City Manager, Steve Barwick
Lessee
EXAMPLE: The mall lease fee for 2011 is $2.50 a square foot
Calculation:
2.50 x 855 sq.ft. = $2,137.50. x 12 = $25,650../. 365 = $70.27 a day x 124 days =
$8,713.48
On behalf of City Council we thank you for adding ambiance to our malls.
The City is only charging you from May 30` through Oct. ls`
Kathleen Strickland
Chief Deputy City Clerk
429 -2687
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•
Kathy Strickland
From: Claude Salter
Sent: Wednesday, May 11, 2011 10:29 AM
To: Kathy Strickland
Subject: outdoor lighting section 26.575.150
Attachments: Outdoor Lighting.pdf
Hello Kathy,
Below, please find interesting sections of the outdoor lighting code.
Attached, please find a copy of the whole outdoor lighting section of code.
26.575.150. Outdoor lighting.
A. Intent and purpose. The City has experienced a significant increase in the use of exterior illumination.
City residents value small town character and the qualities associated with this character, including the ability to
view the stars against a dark sky. They recognize that inappropriate and poorly desig& or installed outdoor
lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the n nighttime sky and results in
unnecessary use of electric power. It is also recognized that some exterior lighting is appropriate and necessary.
This Section is intended to help maintain the health, safety and welfare of the residents of Aspen through
regulation of exterior lighting in order to:
a. Promote safety and security;
b. Help preserve the small town character;
c. Eliminate the escalation of nighttime light pollution;
d. Reduce glaring and offensive light sources;
e. Provide clear guidance to builders and developers;
f. Encourage the use of improved technologies for lighting;
g. Conserve energy; and
h. Prevent inappropriate and poorly designed or installed outdoor lighting.
E. Nonresidential lighting standards. The following lighting standards shall be applicable to all
nonresidential properties including mixed uses:
(h) Up- lighting is only permitted if the light distribution from the fixture is effectively contained by an
overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs or
year -round tree canopies, which can functionally contain or limit illumination of the sky. In these cases
the fixture spacing is limited to one (1) fixture per one hundred - fifty (150) sq. ft. of area (as measured in
a horizontal plane) and a total lamp wattage within a fixture of thirty-five (35) watts.
H. Exemptions. The following types of lighting installations shall be exempt from the provisions,
requirements and review standards of this Section, including those requirements pertaining to Zoning Officer
review.
3. Temporary lighting. Any person may submit a written request to the Community Development Director
for a temporary exemption request. If approved, the exemption shall be valid for not more than fourteen
(14) days from the date of issuance of a written and signed statement of approval. An additional
fourteen (14) day temporary exemption may be approved by the Director. The Director shall have the
authority to refer an application for a temporary exemption to the Planning and Zoning Commission or
the His " - P:-? ervation Commission if deemed appropriate. A temporary exemption request shall
contain at least the following infomiaur:_:
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a. Specific exemption or exemptions requested;
b. Type, use and purpose of outdoor lighting fixtures involved;
c. Duration of time requested for exemption;
d. Type of lamp and calculated lumens;
e. Total wattage of lamps;
f. Proposed location on premises of the outdoor light fixtures;
g. Previous temporary exemptions, if any;
h. Physical size of outdoor light fixtures and type of shielding provided; and
i. Such other information as may be required by the Community Development Department Director.
I. Prohibitions. The following types of exterior lighting sources, fixtures and installations shall be prohibited
in the City of Aspen.
1. Light sources shall not be affixed to the top of a roof or under a roof eave, except where required by
Building Code.
2. Lighting for the purpose of illuminating a building facade shall be prohibited when such lighting is
mounted to the ground or poles or is mounted on adjoining /adjacent structures.
3. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity and changing color
lights and internally illuminated signs shall be prohibited, except for temporary holiday displays,
lighting for public safety or traffic control or lighting required by the FAA for air traffic control and
warning purposes.
4. Mercury vapor and low- pressure - sodium lighting shall be prohibited due to their poor color rendering
qualities.
5. Linear lighting (including but not limited to neon and fluorescent lighting) primarily intended as an
architectural highlight to attract attention or used as a means of identification or advertisement shall be
prohibited.
6. Unshielded floodlights and timer controlled flood lights shall be prohibited.
7. Lighting directed toward the Roaring Fork River or its tributaries.
8. No outdoor lighting may be used in any manner that could interfere with the safe movement of motor
vehicles on public thoroughfares. The following is prohibited:
a. Any fixed light not designed for roadway illumination that produces direct light or glare that could
be disturbing to the operator of a motor vehicle.
b. Any light that may be confused with or construed as a traffic control device except as authorized by
State, Federal or City government.
9. No beacon or search light shall be installed, illuminated or maintained.
10. Up- lighting is prohibited, except as otherwise provided for in this Section.
Regards,
Claude
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