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Home My WebLink Aboutcoa.lu.sm.Aspen Art Museum.590 N Mill.A75-92 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 9/15 92 PARCEL ID AND CASE NO. DATE COMPLETE: q Q � 2737- 073 -00 -006 A75 -92 STAFF MEMBER: LL PROJECT NAME: Aspen Art Museum Stream Margin Review Project Address: 590 N. Mill St. Legal Address: APPLICANT: Aspen Art Museum Applicant Address: REPRESENTATIVE: Donna Linnecke, Aspen Art Museum Representative Address /Phone: 590 N. Mill St. Aspen, CO 81611 5 -8050 FEES: PLANNING $ 200 # APPS RECEIVED 1 ENGINEER $ # PLATS RECEIVED HOUSING $ 90 ENV. HEALTH $ TOTAL $ 290 TYPE OF APPLICATION: STAFF APPROVAL: x 1 STEP: 2 STEP: P &Z Meeting Date PUBLIC HEARING: YES NO ' VESTED RIGHTS: YES NO tic 4 S ^ mar CC Meeting Date PUBLIC HEARING: YES NO o JV VESTED RIGHTS: YES NO DRC Meeting Date REFERRALS: ity Attorney Parks Dept. School District V -C City Engineer Bldg Inspector Rocky Mtn NatGas Housing Dir. Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board City Electric Mtn. Bell Open Space Board Envir.Hlth. ACSD Other Zoning Energy Center Other DATE REFERRED: INITIALS: DUE: FINAL ROUTING: DATE ROUTED: k rLi r1 INITIALSW City Atty )( City Engineer Zoning E�v. Health Housing Open Space \ Cther i . • tr r! _:. . FILE STATUS AND LOCATION: MEMORANDUM TO: Bill Drueding, Zoning Officer FROM: Leslie Lamont, Planning DATE: September 28, 1992 RE: Art Museum Bank Stabilization Stream Margin Exemption SUMMARY: Trout Unlimited, the Division of Wildlife, members of the Art Museum, and the City of Aspen propose to enhance the portion of river bank that was destabilized during the 1984 flood. The improvements will enhance the river bank as an effort to restore the riparian habitat along the Roaring Fork River. A stream margin exemption review is necessary for these improvements because the proposed improvements are within 100 feet of the high water line of the Roaring Fork River. Staff recommends approval of the stream margin exemption. APPLICANT: Trout Unlimited, Aspen Art Museum and the City of Aspen LOCATION: Aspen Art Museum ZONING: Public APPLICANT'S REQUEST: Stream Margin Exemption for removal of debris along the river bank and installation of boulders and vegetation. REFERRAL COMMENTS: Please see attached referral from the Engineering. STAFF COMMENTS: The applicant proposes to remove the debris, which includes cement blocks, that were placed on the river bank in an attempt to protect the rest of the bank and Art Museum from eroding during the flood of 1984. The proposal includes the replacement of unnatural materials with boulders 3 -5 feet in diameter, filter fabric, topsoil for planting pockets and indigenous plant species. As the applicants have indicated, the removal of debris and proposed improvements will increase the width of the river channel thus reducing flood damage potential. Pursuant to Section '7 -504 B. the expansion, remodeling or reconstruction of an existing development shall be exempt from stream margin review if the development: a. does not add more than 10% to the floor area or increase the amount of building area exempt from floor area calculations by more than 25 %; RESPONSE: This is a replacement of concrete, brick and rubble with boulders, top soil and native vegetation. No additional development is proposed. b. does not require the removal of any tree; RESPONSE: Tree removal permits have been issued for trees that will be removed in order for heavy equipment to access the site. c. is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development; RESPONSE: According to the plans, new boulders and vegetation will be installed further away from the high water line. d. does not fall outside of an approved building envelope; and RESPONSE: Not applicable. e. is located completely outside of the Special Flood Hazard Area and more than one hundred feet from the high water line of the Roaring Fork River or the expansion, remodeling or reconstruction will not cause an increase to the amount of ground coverage of structures within the Special Flood Hazard Area. RESPONSE: The project as proposed has been authorized by the Department of the Army nationwide general permit number 13 for bank stabilization, please see attached letter from the Army Corps. A HEC II analysis is being conducted to establish the existing conditions of the stream bed. Once the project is complete, another HEC II analysis will be performed to determine the amount of change to the Special Flood Hazard Area. The applicants will make any adjustments if necessary to the stabilization project based upon the information supplied by the HEC II analysis. RECOMMENDATION: Staff recommends approval of the Art Museum River Bank Stabilization stream margin exemption for the replacement of rubble and debris with boulders and vegetation as indicated on submitted plans with the following conditions: 1. Upon completion of bank stabilization work, a HEC II analysis shall be performed to determine the amount of change to the Special Flood Hazard Area. If changes are necessary to the bank work the applicants shall make such improvements prior to the spring high water. 2. The applicant shall photo document the work as it progresses to ensure compliance with submitted plans. 2 3. The least dimension of diameter shall be 3' -0 ". 4. The bottom course of boulders shall be set at least as low as the lowest point of the adjacent stream bed. 5. The boulders shall be set such that no flat or angular face protrudes into the channel in a manner so as to catch the river current. The boulders shall be tucked back into the bank. I hereby approve the Stream Margin Exemption pursuant to Section 7 -504 . of the Aspen Land Use Code. D e Moore, City Planning Director 3 MEMORANDUM To: Leslie Lamont, Planning Office From: Chuck Roth, City Engineer 4 Date: September 29, 1992 Re: Aspen Art Museum Stream Bank Stabilization I have reviewed Charles Collins' letter of September 28, 1992. I hereby approve the plan with the following clarifications: 1. The least dimension or diameter shall be 3' -0 ". 2. The scour line has not been indicated on the drawing. The bottom course of boulders shall be set at Least as low as the lowest point of the adjacent stream bed. 3. The boulders shall be set such that no flat or angular face protrudes into the channel in a manner so as to catch the river current. The boulders shall be tucked back into the bank. M9Z233 I k COLLINS \ENGINEERS. INC. 408 Pacific Avenue Suite 209 Aspen, Colorado 81611 303 - 925 -2089 September 28, 1992 City of Aspen Planning & Zoning Department 130 South Galena Street Aspen, Colorado 81611 HAND DELIVERED Attn: Leslie Lamont Re: Bank Stabilization Roaring Fork River South of Aspen Art Museum Gentlemen: As requested, Collins Engineers has inspected the project site and reviewed the plans (Exhibit I) for the proposed work with Alan Czenkusch, aquatic habitat biologist with the Colorado Division of Wildlife. We conclude that the plans submitted, including the placement of 3' -0" to 5' -0" diameter boulders, beginning below the scour line, will provide adequate bank protection for estimated 100 -year flood conditions. The work is conditionally approved pending receipt of satisfactory results from the HEC II computer analysis of the stream and profile at this location. We will monitor the bank work as it proceeds and on receipt of the HEC II data, will review the results and recommend additional bank stabilization if it appears necessary. Sincerely, COLLINS ENG i ERS, INC. / /. i f . Charles T. Collins, President CTC /cc Attachment: Exhibit I cc: Bill Gruenberg ;- ray ti rt All use u RA - - - - -- 11�� / 1�5rw,/Daw Pr 4. • - - Post -A brand fax transmttlal memo 7671 • EXHIBIT 1 IS . • r. s N 15g ice-5 ) `' ti Co &GP CE ) U61; LE W 5 EP • v .__...,____ ,_... , I .. Pe65�NT" $A,JK " . ...ft. .. _ — ritoro5E 14 AB11Wr 1 _ . 1M PRAVM.ENT /S' 1- tz.FnOr 1 4 .- GR W4 ie(LCY � Wet' mCADotJ G , h LDE12- - 1b F501 L / rl, y mac" 11 PLAN) r1>JC Mar lieu 4 .: x ) / i�iii,t� Tv 6 P/AN2h1L14 3 LL BOOLDft2S .. - 11M elL. APV a> ek ,_ .----- FILTF/32 FABEIC y51G 7ra - 7 1W 9/zain.. ALALzEi- srOSCM 5o151,46 tiL SL'4:TCN - „--,- -. ?. CALt \,6yek.) ARI AA us am % 2 IkB ET AT I M P R4vEM tal.. / 15mic 5 L tZAtLb 3 EXHIBIT 1 1~5 y/b q / Oa- t .//// 94/ / sr r >! l 7 0 v, I / 0 M p _yzzrrt • ' (-------- R?E5arr - lvA -roz 1ftt' Ui, - 1 l W i �JSCVM ti \I /∎ h1 It i-t 5 'to _ ate' it \ k ,h -^ 'Jo 1 to 5CA1- E ti DEPARTMENT OF THE ARMY .c .•` '. � U.S. ARMY ENGINEER DISTRICT, SACRAMENTO 1'41 : r.,o, ✓- ' CORPS OF ENGINEERS 1325J STREET \\ �� SACRAMENTO, CALIFORNIA 95814 -2922 _ ° REPLY TO 'T+ ATTENTION OF September 9, 1992 Regulatory Section (199275043) Ms. Donna Linnecke Aspen Art Museum 590 North Mill Street Aspen, Colorado 81611 Dear Ms. Linnecke: I am responding to your request for Department of the Army permit to discharge fill material below the ordinary high water mark of the Roaring Fork River for the bank stabilization project planned for the Aspen Art Museum. This project will provide bank stabilization on the Art Museum property and provide aquatic habitat in the Roaring Fork River. Based on the information you have submitted and a site inspection by Mr. Michael Claffey of this office, we have determined that the project as proposed is authorized by Department of the Army nationwide general permit number 13 for bank stabilization provided you adhere to the conditions of the nationwide permit. This verification is valid for a period of two years, or unless the nationwide general permit is modified, suspended, or revoked. Furthermore, if you commence or are under contract to commence this activity before the date the nationwide general permit is modified or revoked, you will have twelve months from the date of the modification or revocation to complete the activity under the present terms and conditions. We have assigned Number 199275043 to this project. Please refer to this number in any correspondence to this office concerning your project. If you have any questions, please contact Mr. Michael Claffey of this office at (303) 243 -1199. Sincerely, G ady L. McNure Chi f Western Colorado Regulatory ce 402 Rood Avenue, Room 142 Grand Junction, Colorado 81501 -2563 � •, C _ • Copies Furnished: Dr. Gene Reetz, U.S. Environmental Protection Agency, 8WM -WQ, 999 18th Street, Suite 500, Denver, Colorado 80202 -2466 Mr. Dan Collins, Subdistrict Chief, U.S. Geological Survey, Post Office Box 207 Grand Junction, Colorado 81501 2. • .fart CITY : ' SPEN Parks Office I �1;5 ,tuth" €at ieat ` '- 920 -5120 Apcn k W 303' 926; y v ncil 303-920-51 ' •1 inistration 303 - 920 -5198 FAX TREE REMOVAL PERMIT APPLICATION The following is an outline to assist in the preparation of a tree removal permit. 1) Outline/Sketch/Drawing of property to include: (please attach 2 copies) a) Property address. 590 North Mill Street Aspen, co owl.< b) Property boundaries. see attached c) Locations of buildings on the property. sec attached • d) Location, diameter, and species of trees on property and designate with arrows or circles which trees are to be removed. see attached - 2) List trees to be removed, species and diameter at 4.5' above grade. 2 cottonwood trees, approx. 20' high and 5" in diameter 2 cottonwood trees, approx. 5' high and 2" in diameter 3) Reason for application/tree removal. To create access path for restabilization of the bank of the Roaring Fork River 4) Mitigation Plan (relocation of trees or replacement of comparable worth trees as referenced in Aspen Municipal Code Sec. 13 -76, (e)). Add to Property Drawing. a) Location of replacement/relocation trees. same b) Size and species of trees to be replaced. same 5) Completion date of project. Fall 1992 6) Person responsible for project (applicant): Donna A. Linnecke, Trustee Alan Czenkusch, Colorado Division of Wildl: Property Owner Name of Architect or Construction Representative 590 North Mill Strdet Aspen, Co 625 -5057 Address Pho a Number 925 -8050 Comp �y me /e Number / 06/24/92 1 � Si Date Signature 41111 Date Parks Office 920 -5120 7) Comments: The following is to be completed by the City of Aspen Parks Department. Property/Tree Inspection: __41-0,C9.6 __a ta aA-} __.(; _ 7Of Inspected by a um Date Comments: 1450 S 7v g �L/�GE` rJ /7 /k.) men.. / 9roJec 7 eor?7e Accepte / Denied George 0. Robinson t / Parks Director, City of Aspen Si at re ate Permit •.::ltd for one year after completion date of project (line 6). R 1 A IV t Y 41 1 October 5, 1992 Howard L. & Pauline H. Mayer P.O. Box 333 Aspen, CO 81612 Owner of: 433 N. Spring Street Dear Howard L. & Pauline H. Mayer, The City of Aspen is working with the Division of Wildlife and Donna Linnecke of the Aspen Art Museum in the stabilization of the Visual Arts Center river bank. We have received authorization from the Army Corps of Engineers to also stabilize the low section of the island between the river and the Kayak Course. This has been constructed with large boulders along the island side of the main channel of the Roaring Fork River. This section is approximately 40' in length. We were able to do this under the supervision of Alan Czencusch of the Division of Wildlife and in conjunction with the nationwide 404 permit #199275043. If you have any questions or concerns, please contact George Robinson , Director of Parks, at 920 -5120. Thank you, George Robinson City of Aspen Parks Director • DEPARTMENT OP THE ARMY UAL ARMY MUM= DISTRICT, MtQ AM CORPS oM ENa1NEER$ 1s18 J STRUT { SACRAMENTO CILLVCRWA 08114-2•22 i3t Sarm mimics OF September 90. 1992 Regulatory Section 11992009081 Mr. George Robinson City of Aspen, Parks Department 190 South Galena Street Aspen, Colorado 81611 Dear Mr. Robinson: I am writing to you in regard to your request for authorisation under nationwide permit authority for a bank stabilisation project related to the City's Kayak Course project. In ■ telephone conversation with Mr. Miohael Claffey of this September place channel of the Roaring Fork river. The island separates the main channel and the artificial kayak course channel. You are concerned about a low area in the island that could erode during a high water event allowing the main channel to enter the kayak course. Furthermore, you explained that surplus large rock was available along with the neoeseary heavy equipment from the Art Museum bank stabilisation project which is being completed today. You explained that using the river access already created for the Art Museum project would reduce impacts rather creating a new river access at a later date. The project as described above is authorised by Department of the Army nationwide permit number 13 provided you adhere to the terms and conditions of the nationwide permits !copy w believe the channel dreduce impacts be required pacts to channel stability from the kayak course. You should notify homeowners along the river in the Oklahoma Flats area of the projeot and the project purpose. Mr. Alan Caencusoh of the Colorado Division of Wildlife has agreed to assist you in this endeavor and must be on site during placement of the boulders. If you have any questions, contact Mr. Claffey at 1909) 249 -1199. Sincerely, Grady L. MoNure Chief, Western Colorado Regulatory Office 402 Rood Avenue, Room 142 Grand Junction. Colorado 81501 -2569 Enclosure NATIONWIDE PER AIT 13 } SANT ST/JIMMION (Sections 10 and 404) permit The orps o! bent stabilisation forderosiion prevention authorising ba� provided: Mo material is placed in excess of the minimum needed for erosion protection: b. The bank stabiiisaatioa activity is lass than Soo feat in lengths c. The activity rill not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide i e aquatio site, d. Ito material is placed in any sD l including wetlands: e. No material is of the type or is placed in an location or in any manner so as to impair surface water flow into or out of any wetland area: f. xo material is placed in a manner tbat will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas): and, g. the activity is part of • single and complete protect. )lank stabilisation activities in excess of mss feet is length or greater than pernittee notifies one to dDistrictnflgioeeer may be In accordance with the mMotifioatioa" general condition and the District Magineer determines the sotivity complies with the other terms and conditions of the nationwide ermit and the adverse environmental impacts are minimal both individually and cumulatively. A. GENERAL CONDITIONS. The following general conditions must be followed in order for any authorization by a nationwide permit to be valid: 3. No activity may cause more than a minimal adverse affect on navigation. 2. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during ,construction, rmanentlytabilizedsatothe earliest practi fills cable data. 4. No activity may substantially disrupt the movement of those species of aquatic life indigenous a ttqo the waterbody, unless the activity s spriimar purpose is wattehr. area, ( 5. Heavy equipment working in wetlands must be pieced on mats or other measures must be taken to minimise soil disturbance. ti. The activity must comply with any regional conditions which may have been added by the Division Engineer (see 33 CTR 330.4(0]) and any case specific conditions added by the Corps. t • 1 r r , 7. No activity may occur in a component of the National Wild and scenic River system: or in a river officially designated by congress as a •stud river" for possible inclusion in the system, f Wild and Scenic Riversamayfbe e on c obtaind y fr from National ar k n Service and the U. S. Forest service. t s. No activity or its operation may impair res•rv•d tribal rights, including but not limited to, reserved water rights and treaty fishing and hunting rights. t 9. In e•rtain states an individual state water quality certification must be obtained or waived. Ix CILIFORMIa, i C arso n River l Drainages . Ce In if Utah i and iColorado, t certification is MOT required. 10. No activity is authorised under any nationwide permit which is likely to jeopardise the continued existene of fo such threatened or endangered species or a species proposed I designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non federal permittess shall notify the District Engineer if any listed species or critical and habitat might be affected or is in the vicinity of the prof shall not beggin work on the activity until notified by the Let have bean and that activit yY e i Endangered thorsed� Information their critic habitat location can be obtain aedfr s from the U.S. Fish Wildlife Service and National Marine Fisheries Service. 11. Ito activity hich May affect Historic properties listed or aligibl• for listing, in the National Register of Historic Pintoes is authorised, until the District Enginsarr has mpapli•d with the provisions of 33 CFR 325 appendix C. The persitt•• must notify the District Engineer if the authorised activity may affect any historic properties listed, determined to be aligibl•, or which the prospective permitte• has reason to believe may be •ligibl• for listing on the National Rsgi•ter of s Historic Places, and shall not begin the activity until notified xi s oric n on e Ac t have b t esaissffiadsand thatxtheonal 1 • activity is authorised. Information on the location and existence e of historic the NationaldRegistereoftHist i 12. Notification: a. Where required by the terms of the nationwide permit the prospective permitter must notify the District Engineer as early as possible and shall not begin the activity: (1) Until notified by the District Engineer that the activity may proceed under the nationwide permit with any special conditions imposed by the District or Division Engineer: or (2) If notified by the District or Division Engineer that an individual permit i• required: or, (3) Unless 30 days have passed from the District • fngin•er's receipt of the notification and the prospective armitt•• has not received notice from the District or Division Dngineer. Subsequently, the persittee's right to proceed under the nationwide permit May be modified, suspended, or revoked only in acoordenc• with the procedure2sat forth in 33 am 330.5[d](2). . b. The notification gust be in writing and include the following information and any required fees: (1) Name, address and telephone number of the , prospective permitteer 9 2 Loeation of the propo pr ojec t 3) Erief description of the proposed project, he project's purpose, direct and indirect adverse environmeatal effects the project would cause, and any other nationwide permits, regional general permits or individual permits used or intended to be used to authorize any part of the proposed project or any related activity; (4) When required by the terms of the nationwide permit a delineation of affected special aquatic sites, including wetlands; and, (5) A statement that the prospective permittee has contacted: (i) The US Tiah i Wildlife Service/National ily Marine Fisheries Service regarding the p any listed (Or proposed for listing) endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project, and any available information provided by those agencies. (The prospective permittse may contact Corps District Offices for USFWS /MBEs agency contacts and lists of critical habitat)); (ii) The State Historic preservation Office regarding the presence of any historic properties in the permit area that may be affected by the proposed project; an. the available information, if any, p r c. The standard individual permit application form (Form ENG 4345) say be used as the notification but must clearly indicate that it is a PDN and must include all of the information required in b (1 -5), of General Condition 12. d. In reviewing an activity under the notification procedure, the activityy will morel than minimal individualor cumulative adverse environmental effects or will be contrary to the public interest. The prospective ppoo raittee say, at his notific submit a oexpedite the and District E will consider any optional mitigation the applicant has included in the proposal io determining whether the net adverse environmental effects of the proposed work are minimal. The District Engineer will consider any comments from Federal and State Agencies concerning the proposed activity's compliance with the terms and conditions of the nationwide permits and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. The District Engineer will, upon receipt of a notification, provide immediately 04. facsimile transmission, overnight mail or other expeditious tanner) a copy to the appropriate offices of the Fish and Wildlife Service, State natural resource or water quality agency, EPS and, if appropriate, the National Marine Fisheries Servic agencies will with the than 5icalendaridayssfrom the data the material is -3- i1 ocr -2�z MEMORANDUM To: Leslie Lamont, Planning Office From: Chuck Roth, City Engineer Cff_ Date: October 1, 1992 Re: Aspen Art Museum Stream Bank Stabilization This memo is written to amend the memo of September 29. I have met on site with the DOW, and we have agreed that the bottom course of boulders shall be set two feet below the adjacent riverbed bottom. M91233 ASPEN /PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920 -5090 FAX 920 -5197 MEMORANDUM TO: Larry Ballenger, Aspen Water Department FROM: Debbie Skehan, Planning Office RE: Art Museum Bank Stabilization Stream Margin Exemption DATE: October 7, 1992 George Robinson thought you might have some comments on this application. Please send any comments you have to Leslie Lamont. Thanks • • SEP 17 '91 13:07 nl '4 - sRCE P.4/7 t e LEASE AGREEMENT THIS LEASE AGREEMENT, nude this 70 day of 7/la-et-CA 19&i, by and between the CITY OF ASPEN, a municipal corporation, (hereinafter referred to as "Lessor ") and ASPEN CENTER FOR VISUAL ARTS, a non - profit corporation, Aspen, Colorado (hereinafter referred to as "Lessee "). • W I T N E S S E 'T H: • • WHERL'AS, the City of Aspen is the owner of that certain building formerly known as the lioly Cross Electric Building situ- ate at North Mill Street, Aspen, Pitkin County, Colorado; and WHEREAS, Lessee 1s a non- profit corporation which provides beneficial and munificent purposes for the community of Aspen, Colorado; and WHEREAS, the City Council of the City of Aspen has declared that it would be for the benefit of the City to make this space available at little or no rental cost; NOW, 'THEREFORE, for good and valuable consideration, and the mutual benefits to be derived, it is agreed by the parties hereto that: 1. Lessor does lease to Lessee that ouildiny and premises located at North Mill Street, Aspen, Pitkin County, Colorado, for- merly known as the Holy Cross Electric building and more particu- larly described in Exhibit "A" attached hereto and made a part hereof by reference, for and during a term commencing June 1, 1979, and terminating at midnight, May 31, 1999, at an annual rental of Ten Dollars ($10.00), payable on the first day of the next calendar month, and annually thereafter. 2. No material repairs or alterations shall be made by Lessee until all plans therefor have been approved by the City Manager and Lessee has satisfied all the pertinent building, hous- ing, zoning and health code provisions of the City of Aspen and State of Colorado. 3. It is understood and agreed that Lessee shall use and occupy the premises described in Exhibit "A" attached hereto and • SEP 17 '91 13 08 AUCT.iN F_.RCE P• made a part hereof by reference as a visual arts center, in accordance with Lessee's Charter and for no other purpose. 4. At the commencement of the term cif this lease, Lessee shall acccept the demised premises in their existing condition, and Lessor makes no representation, statement or warranty express or implied, as to the condition of the premises or its suitability for its intended use, latent or patent, in such property or for any lit on its use. • 5. Lessor shall insure the building in such ;,canner and for such amounts as it deems desirable, at its expense. Lessee shall insure the contents and the art to be displayed therein in a reasonable amount, and shall obtain liability insurance in an amount of not less than $400,000 with Lessor as an additional named insured, at Lessee's expense. Lessee agrees to indemnify and hold harmless the Lessor from any and all claims for injury or property loss, or other causes of action, arising from the use and occupation of the premises by Lessee, its agents and employees. 6. It is understood and agreed that utility expenses cover- ing the premises shall be paid by the Lessee. 7. Lessee agrees to neither sublet the premises nor assign this lease. 0. No sign, advertisement or notice shall be affixed to the exterior of the leased premises by Lessee, except in such manner, and of such'size, design or color as shall be approved in advance • by the City Manager. 9. (a) Lessee agrees to comply with all present and future federal, state and municipal laws, rules and regulations in its use and occupancy of the leased premises, and maintain the interior of the leased premises in good repair and in a clean and healthful condition at its own cost and expense during any periods of occupancy by it under this lease agreement whether the neces- sity for such repairs or maintenance arises by reason of wear and tear, fire, accident or any other cause (except to the extent that the costs for any such repairs or maintenance are covered by 2 P. biz SEP 17 '9113:09 C.'STIN F,_aCE insurance) . With the exception o: snow plowing tire parking lot and driveway which plowing shall be the responsibility of the Lessor, the general maintenance of the grounds around the leased premises shall be the sole responsibility of Lessee at its own cost and expense. (b) Lessee agrees if reasonably possible to contract for the services of a mechanical contractor acceptable to the City Engineer of the City of Aspen for the general mechanical main- tenance of the leased premises at its own cost and expense. In any event, Lessee shall be responsible for needed repairs there- to. 1U. The parties agree that upon default in the performance of this Agreement, Lessor may, at its option, terminate this Lease by written notice to the Lessee. Furthermore, either party shall have the right to terminate this Lease upon six months' advance written notice. 11. It is mutually understood and agreed that in case the premises shall become untenantable on account of damage by fire, flood, or act of God, this Lease may be thereupon terminated and all parties shall be thereafter released from further liability. 12. Upon the termination of this lease, Lessee shall remove all trade fixtures and personal property belonging to Lessee, repairing any daraage caused in such removal, and all personal property not removed by Lessee .shall be conclusively presumed to have been abandoned and may be appropriated, sold, destroyed or otherwise disposed of by Lessor. 13. At the option of the City Council, Lessor shall have a member of City Council or the City Manager serve as an ex- officio member of the Center's Board of Directors; said ex- officio member shall be invited to attend all meetings of the Lessee's Board and shall generally act as a liaison between Lessor and Lessee. IN WITNESS WHEREOF, the•parties hereto have executed this Lease Agreement on the day and year first above written. LESSOR; THE CITY OF ASPEN, COLORADO By y 'Merman Edel Mayor P.7'7 SEP 17 '91 13:09 AUP • • ATTEST: �hr� K c � f / F:achryn 5 ' F:och • City Cler• ASPEN CENTER FOR VISUAL ARTS BY ` Cj ' ATTES sy (N 90..X�Q / C. y //so • • 4 Ifrma itl1LN 1 " °. LAND USE APPLICATION FORM 1) Project Name gnari Pnrk Ra Stahil i vafinn Prnjart 2) Project Location Aspen Art Museum 590 N. Mill St. Aspen, CO 81611 (indicate_ street address, lot & block nnmFPr, legal d = iption where apprvpri.: te) 3) Present Zoning see attached 4) Int Size see attached 5)o- Applicant's Name, Address & Phone #1. Aspen Art Museum 590 N. Mi11 St. Aspen Co. 81611 925 -8050 2. City of Aspen 130 S. Galena Aspen, Co. 81611 6) Representative's Name, Addm» & Phone it Aspen Art MiSPnm - Donna Linnecke 925 -8050 City of Aspen - 7) Type of Application (please check all that apply): Conditional Use _ Conceptual SPA _ Conceptual Historic Dev. _ Special Review _ Final SPA _ Final Historic Dev. 8040 Greenline _ Conceptual PUD _ Minor Historic X Stream Margin _ Final FUD _ Historic Demolition _ Mountain View Plane _ Subdivision _ Historic Designation Cxndcxninitmization _ Text/Map Amendment _ (',tQS Allotment Lot Split/Int Lune _ 042S Exemption Adjustment 8) Description of Existing Uses (number and type of existing ; approximate sq. ft.; number of bedrooms; any previous approvals granted to the ProPerY) - • 9) Description of Development Application Remove existing fill on north bank of Roaring Fork River on Art Museum grounds. Stabilize bank with angular granite boulders, revegetate. 10) Have you attached the following? Response to Attachment 2, Minimum Subnis; ion Countrlits .. - - to AttaduneJnt 3, Specific Sutmiscion Contents ' me to Attadment 4, Review Stanrla.rds for Your Application q /tsf e_ Donna Linnecke Date Trustee, Aspen Art Museum ___. .... .. . .. . . • . . . ' 4 t ' . • , . . i .. • . . . • . . .: . . - .7.77,77•'11:7;.7". T.‘ : 1 ..6 :.: :.• 4 , :‘: \ :..':::' '1 ';) Cf . ' 4: ! : 1 : . ::: :.• •:: '' :•.: : ::, :', -: :-• ':: ' '', :.:' • l - . 1:: :, . ' : ' ' ', ' •,, ' .. . ' .J 1 , 1 , a. - .,„ c S II“ Leant Tat .1 ' 11 e • - IA # 1 : 10 - 1 100 °I C.\ \ tir 1 21 2!, • C 6 41 z., - 0 121! a) ./......,,,, ( _J P ..-- us:: .0. itilf , %If& -... -55.1 co z zcz. 412 - 4 IS c 1 ' i II. - Annw ear .77. cc 4470/14 e. rair , 4 t • $ { 1 lif • .2 v:vi al 41. . ' '-' • I so 'S. 414*1 . . I e 0 1 IS W•4411111( • : 1 ....1 • i 0‘ 4t.1 . * li c k _ 1 . ei tie 1 •I tr ii' .- • # Pli P # t thilig - __EL,21.)usen Oondols S" • 1 '4. / EMILEANagtr ei i •*,‘ i°‘ • ‘ . 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I . . 4- II lYt ilgtlita gel . < e $ 4= Ii75 • 2_ p is OW siampron a h ' Ali a . .. r• -■ 1 4 U E u -.1 J.: • awe or • - /-- ,../ . .. 1 , • C )r4a, z 61 id MO 1 . collo Cia I11 e A fili " I/ 4 1 b 1)sq3 Pr .....,,, ---____ / .r. 141, *aft, 4 %... / i *. 1 ' 514 i V 1 .i32 % n0,0 4 a $ eV $ I ES li 0 OPIINVO - . t a 5043.3 uo 2-2 . \ , %...i. 1 i ' ./. 0 -.....,,,2 ... • P.3/7 SEP 17 '91 13:07 HI N PE1;.CE EXHIBIT "A" A tract of land situated in the northeast quarter of the south- west quarter and the northwest quarter of the southwest quarter of section 7, township 10 south, range 84 west of the sixth principal meridian, Pitkin County, Colorado, said tract being known as the Aspen Visual Arts Center property, being more fully described as follows: Beginning at a point on the northeastern property boundary of the Aspen Visual Arts Center property where a line 10 feet southeasterly and parallel with the southeasterly wall of the Aspen Visual Arts Center building intersects with said boundary; thence southwesterly along said 10 foot parallel line to an intersection with a line 20 feet southwesterly of the south- westerly corner and parallel with the southwesterly wall of the Aspen Visual Arts Center building; thence northwesterly along said 20 foot parallel line to an intersection with the westerly edge of a bike path and parking lot; thence northerly and westerly along the westerly edge of the bike path and parking lots to the northwesterly corner of the upper parking lot by the Roaring Fork River and Red Mountain Road; thence continuing northerly along the projection of the westerly edge of the upper parking lot to the southerly edge of Red Mountain Road; thence easterly, and southerly along the southerly edge of Red Mountain Road, and the westerly edge of Gibson Avenue and Spring Street to the point of beginning. Above description is shown on drawing Exhibit "B ". • . 1-- yi p L ... I • • / ./ • • J 6 ♦ e tc �.� r • P� f r � I \ ei e • ^ . SQL 1 ;� � c.5 \ ' \ J i \• J \ b_ h �Vf °t , �� • I NI c 1 ) o .JI l u O ^', f S � � , i � I 1 I l i �lj � ij yih 7 14 , , E 1 i d� 'lj I t?' ll I r s � ., 1,• W , .I 1 I 1 ` rs t p I 4r r p, � I ! 1411.1 11,11 ° ,; �,'Iil I I �'�141,p , I Nl I i'1 ____--7:.-_--. CO i I .I VIII�IiII „IIl11144 ;� . ( � ; �. \\ All II1I I ' , pil)i�Ifl i i . { i I n CJ ° ° °,? — / �/ \� l h 119 i I• �J/ J . ‘N- ------t ---- '---- -- ',< ).- < V �MIR '....-%.'..' �/ � - ! CITY OF ASPEN, COLORADO `� WATER AND ELECTRIC UTILITY. LOCATION FORM LOCATON NO. - _.- ._- _.__..._. -�C �QQQQjPPP �l • (� �t � V DATE -- 11 .- ) ". �"' ! -y 2,_ ADDRESS OF LOCATION 5 1 , ` ■ i � /�{ 1, ,� � ..kin.— , (1 ` + 1 4' ' LOCATION REQUES BY Ac?_, 'I'1 - ^. t ,........: - ? 1 . 1 A I �' `) t,) /, 4t 1 , >`e _. ] t ac, DATE AND TIME REQUESTED /.Cfr•�//1 ) , \ A A N - L" _= t 't . ' '' ' EXCAVATION PERMIT NO PROTECTION OF UNDERGROUND FACILITIES FROM DAMAGE BEFORE YOU DIG REQUIRES 48 HOUR NOTICE STATE LAW CRS 1973, 9-1.5-101 (SENATE BILL NO. 172 -1981) requires EVERYONE planning to dig in or near a PUBLIC ROAD, STREET, ALLEY, RIGHT -OF -WAY, or UTILITY EASEMENT to notify the utility owners of your intent 48 HOURS BEFORE YOU DIG — TWO (2) WORKING DAYS. CALL 920 -5110. This sketch is approximate. The stakes or paint marks denote the Locator's best estimated location of underground utility facilities. DIG VERY CAREFULLY — PROTECT UNDERGROUND UTILITY, CABLES, PIPES, WIRES, AND OTHER EQUIPMENT. How Marked: ❑ Stakes ❑ Paint i i j I I i ; ■ i ! ! I i LDCA R INDIC E NORTH i I ; 1\po - .. w dL LI I IN) . / „t-iri-1 .. i t t 1 r f } A21'� ' 1 L. �� I 4 CITY \ , PEN r •TREET 13050 � ,... , I .. ASPEN t! '�'� 61611 I ! JOHN MCDERMOTT WATER DEPARTMENT i I ; Distributions Operations 4 J 1 (303) 920-W10 1 I I h I , i I II i .18 INCHES EITHER SIDE OF THE STAKE OR PAINT MARK IS CONSIDERED A CORRECT LOCATION COMMENTS LOCATOR'S NAME 4'1 ,r'`' _ DATE / / Signature of person contacted — _ �1 f ` -=" f �t f { A 4 J -- -1 7 . —.— LINE LOCATION REQUEST • HOLY CROSS /�ELL ASSOCIATION, INC. REQUESTED BY: �C / ! /`// 9oit 1 �// ' `-� -gas() DATE: Co 5 9) - PHONE TIME: /.- - f�/?7 WHO IS DIGGING: ( c . I , 6 ) , ) 4 LOCATION SCHEDULED /i I e/ DATE* 4 ?/' PHONE ) TIME: / /'J. /1 ASSIGNED • " .59 / ' A� /.10 / 1 LOCATION �//� / fi rs c�� g y NOTES OR DIAGRAM + 'I . id/ / ' I 'cif' sc 1; 4 COMPLETED BY: Gf ` DATE: e ' j "f Z TIME 0 RESPONSIBILITY STATEMENT It is the ,Association's responsibility to locate its PRIMARY electric !underground`: "faci1 tyes within eighteen inches horizontally from the exterior -sides of the facilities upon request according to SECTION 1. Title 9, Colorado Revised Statues 1973, as amended. The Association does not own, install nor maintain SECONDARY electric underground facilities. Said SECONDARY electric underground facilities are the property and responsibility `of' the property owner. As a matter of convenience, the Association will attempt to locate the property owner's SECONDARY electric underground facilities upon request. However, ,the Association will not guarantee such locations of the property owner's. SECONDARY electric underground facilities, nor will the Association assume liability or responsibility for injuries, damages or associated costs which may result from an inaccurate location of the property owner's SECONDARY electric underground facilities. If this request is for the Association to locate secondary electric underground facilities, the undersigned, by making this request, does hereby assume all responsibility for injury or damage arising out of the line location and specifically agrees to hold the Association harmless against all claims, demands, suits, or liability for injury or damage arising out of the line location. Name / Date (Rev. 11/85) b L 4 j '' WI Itu /11i1151brr 201 ABC ASPEN - 925 -4098 ASPEN Cable BASALT - 927 -3120 COLORADO 81611 RIFLE - 625 -2504 Line Location Request Customer /Contractor understands and accepts responsibility for all charges to his company resulting from damages to United Artist Cable owned equipment during excavation. Customer /Contractor agrees to accept responsibility for any legal fees encountered by United Artist Cable in collecting damage charges. Customer /Contractor understands that line location markings designate the underground location of CATV lines within 18" either side of marking. and customer /contractor will be responsible for damage to CATV lines within this 36" border at any depth. The undersigned agrees to indemnify United Artist Cable and to hold it harmless from any loss, injury, costs or expenses, \ r including reasonable attorney's fees, arising from any damage to its underground transmission facilities located in the area of excavation. ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Locate Log # "t' Colo Requested by: Par) Time /Date call taken. "...al it Company name: T I >t )l �) Telephone # .'. Ala n Us Mailing address: . cp n. r11 v ■ \ - R -, Q A a(o\ \ Site location: . i re n - — )1.. s■ . Date/Time to meet B Contact person: —� - C',Jt rr��-�°� m Completed by: '� ono S--;7"-,1"---- /J 3 ' „in,. a Dale „in,. /, /( V I have read and accept all of the above: 4 2M N r+ 6 (01L, e r. bo n o n L r N n e `' k c signature - " print name ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * AREA MAP * N * — * * * * * * * * A- * . * / . * * * * * * A r / j t(i„.„ 0 (kW v * * al ' e * * cle-L * ,* Q * * * * * No Field Contact Made ❑ Customer /Contractor would not sign ❑ * * * *************,**************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** I. M. 139 3N30 DIS '' ° T 6 YEAC1 C7 (7 82) MOUNTAIN BELL CABLE LOCATION AGREEMENT • EXCHANGE 't"i ,( --) LOG NO. ' V S "� `--" LOCATORS NAME L x -"!'Q (7k cz ∎ c- DATE T7 , COMMITMENT TIME R TIME DISPATCHED 'e 1 • Q TIME COMPLETED? (2) ADDRESS 6 1 ° M . -en', \t LOCATING FOR: NAME OF COMPANY ' � J t J s x S V,IN !l 9 W 1 ' 1 Pe' ` -- ADDRESS PHONE NO. %t 'St.) Location to be sketched or described In space below. Indicate paint or stakes and number thereof. , 0 1 i f INDICATE 1 4 1 NORTH f ‘ 1 1 a I( , i/ ( loci �P Rt.-el he 0l _cciA2t IMPORTAN 18' either side of the stake, paint mark or flag is considered a correct location. Dig to your vertical depth 18" either side of the stake, paint mark or flag and expose the cable by hand before crossing the cable or digging beside it. Party Requesting Locate Refuses To Sign ❑ NAME Party Requesting Locate Not Available ❑ NAME agree that the sketch or description above reflects the Oation of underground facilities as requested. r14 Act (, / /t ee% SIGNATURE PERSON REQUESTING LOCATION It MOUNTAIN C C. 119821 NATURAL GAS "aa 1J o(L Pipeline Location Agreement Date: 5- 2 q -q Commitment Time: /�. )() Time Co pleted: r. (/ 7 Name of Party Requesting Locate: Ai IN Salt 1. 1. tit 0 • Name of Indio' tpi Meetin !fo t s: $ (iW ti f t` , ! Address 010 /V M t I Phone No: e q'� 8d Reason for Relocate: Address for Relocate: Locator's Name: /firf, lac ix 416 Weather Conditions at Time of Locate: Sr) n n -( ct w & ( m Location to be sketched or described in the space below: 0 0 6-,„ 5 I: nes 1141 OierA i Indicate North -4 IMPORTANT: (YELLOW FOR NATURAL GAS) THIS LOCATE GOOD FOR 72 HOURS s, 18" either side of the stake, paint mark or flag is considered correct location. Dig your vertical depth 18" either side of the stake, paint mark or flag and expose the pipeline by hand before crossing the pipeline or digging beside ut (� N �' ,, Lrhhrele. Signature Person Requesting Location Condition of Pipeline at Excavation (To include any Type of Distrubance to Pipeline) Employee Making Inspection Before Backfill: Signature Original - Locator Pink Copy - Requesting Party Blue Copy - Office Date: Time: AM _ PM _ R473 09/91 Aspen Cons Sanitation Jistrict 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925 -3601 FAX #(303) 925 -2537 LINE LOCATION REQUEST Date: 5 '> LOCATION SCHEDULED: Time: ' - 6 Date: to -3 `i, - Phone: c Time: `: Requested by: t � < yli c Location: RFR Representing Received by: Main Line )C Service X= M.H.'s y Comments: / Account #: /11 fr 6—lt s ue„ Cie SFie 14 6 9- • os, ,z U XC A )s ■ ` a tiet � . LINE LOCATION COMPLETED BY DATE: , -/ %hc % TIM . 5' 3 S RESPONSIBILITY STATE ENT It is the Aspen Consolidated Sanitation District's responsibility to locate its PRIMARY /MAIN underground collection systems facilities within twenty -four Inches (24 ") horizontally from the exterior sides of the facilities on straight lines and sixty inches (60 ") on curved lines. The District does not own, install nor maintain SECONDARY /SERVICE underground facilities. Said SERVICE underground facilities are the property and responsibility of the property owner. As a matter of convenience, the District will attempt to locate the property owner's SERVICE connection to the main where information is available upon request. However, the District will not guarantee such locations of the property owner's SERVICE tacilities,norwill the District assume responsibility for Injuries, damages, or associated costs which may result from an inaccurate location of the property owner's SERVICE line and facilities. If this request is for the District to locate SERVICE facilities, the undersigned, by making this request, does hereby assume all responsibility for the injury or damage arising out of the line location and specifically agrees to hold the District harmless against a aims, demands, suits, or liability for injury or damage arising out of the Pipe location. Signature: i (M h L ' n r t { 0 k_ Date: 4 / 3 /9 `' - , ASPEIC''`ETROPOLITAN SANITATIOP'" 'ISTRICT 9 a • —NEW SERVICE REPORT 7 .SATE , // 7 v �Jt �u�0 ACCOUNT NO. ' Owner's ame ��sv�- - s %!- .. Addresc 6 'V p 3 L." Manage s Nam- a -� • ddresq Ph•. 2 r2i /, Name of Premises to be Connected illrt..-.9 Bill to Address of Premises Located on Lot or Lots Block Addition Date of Connectio ! .e. - -- Permit No. Special Permit? Connection to Main located in ( .11ey or street) betwee �� Street and Street; or in •z�- agliZ • • .. - - street. __Feet Inches N& E.W. of Manhole No. (A -,3 In District? r S FIXTURES NO. AMOUNT BILLING INFORMATION Tub $ Tap Fee $ 7s e- Shower Stall [ Toilet Monthly Service Charge areP Lavatory _L.__ i 1:71 Quarterly Service Charge. /V G9 Sink, Kitchen Sink, Skullery Initial Payment Sink, Flush • Time Payments (Yes - No) Sink, Janitor • Washer, Automatic If Yes — $ . _for Quarters Washer, Com.. Und. 20# Start Service Billing Day of • 'asher, Com., Over 20# 19 asher, Com., Over 50# • .�ishwasher ACCOUNT CODE Garbage Disposal . Auto Wash Rack R - Residence, Trailer Steam Cleaner L - Lodge, Hotel Swimming Pool A - Apartments, Condominiums Floor Drain D - Duplex Drinking Fountain S - Store, Office Other P - Public Facilities �,,,\\ B - Bar, Restaurant Monthly Service Charge Total 3.�v N - Institution List use of Building WA e ' Ne ei s Depth of top of sewer main at point of connection /� feet inches Location of Private Line from N.S.E.W. curb line of Street feet Size of service line ip e o Type of pipe C- Type joint p Do other lines (gas, water, etc.) complicate excavation? Details• 1 7 J ) &.( 1 Service line and connection approved . , SD - C 1 16 (Signature) GNED / u_ aa-/_— Owner /Manager /Plu / r , (White - District), (Pink - Owner) ASPEN /PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920 -5090 FAX 920 -5197 MEMORANDUM TO: City Engineer Parks Department FROM: Leslie Lamont, Planning Office RE: Aspen Art Museum Stream Margin Review DATE: September 24, 1992 • Attached for your review and comments is an application submitted by the Aspen Art Museum. Please return your comments to me as soon as possible. Thank you.