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Home My WebLink AboutLand Use Case.470 Rio Grande Pl.0015.2013.ASLUTHE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0015.2013.ASLU PARCEL ID NUMBERS 2737 - 073 06 851 PROJECTS ADDRESS 470 RIO GRANDE PL PLANNER JESSICA GARROW CASE DESCRIPTION APPLICATION FOR THEATRE ASPEN REPRESENTATIVE THEATRE ASPEN DATE OF FINAL ACTION 4.24.13 CLOSED BY ANGELA SCOREY ON: 4.30.14 2-737 031306Â¥51 00 1%-Â· 10[3Â·45 l.-4 4 Permits **4~ Â»If@**4 Die Edit Becord Navigate Fgrm.Repons Format Iab Belp. 44'.I.'81Â·.IÂ· .-1â€¢*--Â· '10-- .%* Â»237 ~ @ @ IX i e LA ~~. 02 0 <3 03â€¢ ~ i ]1 1 B M E '@ A Jump 1 |* ~ 416 ~ 4 04- = 4/%FÂ«4: 4,1 ULL, tlu <32~bal ** * ...., % f Â«:r I j#oging Status i Fees IFee Summary ~ Actions Attachments ! Routing History iyaluation ~Arch/Eng ~ Custor 4), ,/F '" t , 40429]tr/'gar~7% 8 1 Bermit type kislu & jAspen Land Use Permit f ~0015.2013.ASLU '.'. ' I.-: ...M..-.../- ~'.< *2%3*/ i lult, 9 i. ' 2 MfÂ»*,~0**41 Â«Â«f-i Â«'34 *f ~ -:*&'. ~ Address 470 RIO GRANDE PL " Apt/Suite 1 1 I City ASPEN State CO 3 Zip 81611 1- 1 1 fermit Information ~ lu-- 1 Master permit Routing queue ~aslu07 Applied-~C F Project I Status pending Approved ~ Description APPLICATION FOR THEATRE ASPEN - FINAL SPA TENT OFFSEASON TEMP WALL , Issued ~ REVIEW APPUCANT REQUESTS FEES TO BE WAIVED Closed/Final [ _ L- .ir Submaed ~EMILY ZECK 935 9313 1 * Clock IRunning | Days F--11 , E*res li Owner "'"" t.. 71* Â¥ 343...,52/ - i I . Last name CITY OF ASPEN Â·Â·Â· First name 130 S GALENA ST ASPEN CO 81611 Phone (970) 920-5000 Address ~ Applicant t q Il Owner is applicant? U Contrador is applicant? 110 E HALLAM Last name THEATRE ASPEN - Rrst name STE 103 Phone |(970) 926-9313 |Cust # |25816 I -1 Addrpqq ASPFN CO 81611 Lender Last name Â·Â·Â· First name V 4 HI k l'AspenGold5 (se~er) Vangelas <~w~11 of 1 :i , L: .4//mMN"...#51"/Im/R --* Fkt IAnt (Vap FQN Â°Qb k / , 5- Câ‚¬'flas En BaÂ« 94 p ~ s elo N >lo in 011_3Â° gloo-LI ~ s n goi| '23 RESOLUTION N0.47, (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ACCEPTING DESIGN CONDITIONS OUTLINED IN ORDINANCE 38, SERIES OF 2011, FOR THE THEATRE ASPEN TENT FRAMING FOR THE PROPERTY LOCATED AT RIO GRANDE PARK, 505 RIO GRANDE PLACE, CITY OF ASPEN, COLORADO, LEGALLY DESCRIBED AS: LOT 1 OF THE RIO GRANDE SUBDIVISION. Parcel ID 2737-073-06-851 WHEREAS, during a duly noticed public hearing on January 9, 2012, the City Council approved Ordinance No. 38, Series of 2010, by a four to one (4 - 1) vote, approving an SPA amendment and an Essential Public Facility Growth Management Review to allow the construction o f a new lobby structure and a new tent structure for 7'heatre Aspen in the Rio Grande Park; and. WHEREAS, Section 2 of Ordinance 38, Series of 2013 required Theatre Aspen to check-in with City Council after a year, or as soon thereafter as possible, to review the conditions related to the winter design ofthe tent structure ; and, WHEREAS, the Community Development Department received an application from Theatre Aspen, represented by Emily Zeck, Executive Director, requesting continued approval of the conditions outlined in Section 2 of Ordinance 38, Series of 2013; and, WHEREAS, pursuant to Section 26.440, the City Council may approve an amendment to an approved SPA, during a duly noticed public hearing after considering a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the request: and, WHEREAS, during a duly noticed public hearing on April 22,2013, the City Council approved Resolution No, 47, Series of 20013, by a five to zero (5 - 0) vote; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. Resolution No 47, Series 2013 Page I of 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: The original conditions regarding the design of the tent framing, as outlined in Section 2 of Ordinance 38, Series of 2011, remain in effect, 1 he applicant has satisfied the requirement to check-in with City Council, and no further action is required to meet that condition. l'he applicant shall continue to work with the Parks Department, as necessary, to ensure the site remains well kept and secure. Section 2: Fee Waiver City Council hereby denies the fue waiver requested by Theatre Aspen for the Planning and Parks fees related to this Land Use Review. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided. and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted, passed and approved this 22nd day ofApril, 2013. APPROVED: ATTEST: Mienael t. Ireland, ayor w APPROVED AS TO FORM: VE__ OVILLL ~fames R True, City Attorney Resolution No 47, Series 2013 Page 2 0 f 2 MEMORANDUM TO: City o f Aspen Mayor and City Council FROM: Jessica Garrow, Long Range Planner(~iÂ¥16 THRU: Jennifer Phelan, Community Development Deputy Director CC: Stephen Ellsperman, Director of Parks & Open Space RE: Council Cheek-in on Theatre Aspen SPA Amendment (Tent Framing) Resolution , Series of 2013 MEETING DATE: April 22.2013 APPLICANT: SUMMARY: Theatre Aspen, Emily Zeck The Applicant was required as part of their 2012 approval to Executive Director return to City Council for review of the tent framing and walls that are left up in the park during the winter. OWNER: City of Aspen STAFF RECOMMENDATION: Staff recommends Council accept the original conditions outlined REPRESENTATIVE: in the approval Ordinance. Emily Zeck, Theatre Aspen 1 â€žr.7.0 v " r *77. LOCATION: ..65.1 Rio Grande Park I ./.. --I.Il- I. ;I' ) 505 Rio Grande Place 11 1 CURRENT ZONING & USE . t l Public (PUB) with an SPA :..:.4. -'Â»*',,fk ~ - ' - L .55-P.. overlay ~ -'-77~ . Imb '45+ - ' PROPOSED LAND USE: Theatre Use (Theatre Aspen) The picture above shows the performance tent framing with the stage and seating under protective cover (from 2011). BACKGROUND AND LAND USE REQUESTS: The Applicant received approval from City Council to build a new lobby structure and new performance tent structure in January 2012 via Ordinance 38, Series of 2011. That approval granted Theatre Aspen the ability to leave the tent frame up without a roof and with protective walls during the winter months (October - April). Page 1 0 f 3 The approval also required a check-in with City Council after one-year of operation to evaluate the design of the tent and screening during these winter months. The Ordinance stated, "Theatre Aspen shall return to City Council one year from the date of approval, or as soon thereafter as can be scheduled with City Council, to review the design of the tent framing with temporary walls. City Council shall have the ability to amend the SPA approval as necessary to ensure the visual impacts of the tent framing are sufficiently minimized from October to April." If City Council wishes to amend the conditions, an SPA Amendment, pursuant to Land Use Code Section 26.440.100, is required. This is reviewed by City Council during a public hearing. PROJECT SUMMARY: Theatre Aspen received approval for a new permanent lobby structure and a new performance tent in January of 2012. The approval allowed the tent to be up, covered with a roof, from April through October of each year. In the intervening months, the approval allowed the tent structure to remain up in the park without a roof and with side screening. This significantly decreased the number of truck trips in the park. Previously, the Theatre Aspen tent was erected each year in mid-May and removed each year in mid-September, generating approximately 48 truck trips a year on the trails in Rio Grande Park. At the time, City Council supported leaving the tent frame up because of the elimination of truck trips that created wear and tear on the park. Council was concerned, however, with the aesthetics of how the tent frame would fit into the park. This lead to adding a condition in the approval requiring a Council check-in to review the tent frame design. Since the approval, Theatre Aspen has worked with the Parks Department to ensure the screening of the tent fits in with the park and creates a secure site. Attached as Exhibit B are pictures of the tent framing from the winter 2012-2013 season. The tent frame with screening walls is currently up in the park to enable Council to review in person ifthey desire. No site visit is scheduled for this review. ~TAFF COMMENTS: SPECIALLY PLANNED AREA If Council desires to amend the conditions related to the tent framing, an SPA Amendment is required. The current conditions include: â€¢ The tent framing shall be covered with a roof, as weather allows, from April to October of each calendar year. â€¢ From October to April of each calendar year, the tent framing shall not be covered with a roof. Temporary sides shall be installed to shield the stage and seating from view. â€¢ The stage and seating shall be under protective cover and located on the existing concrete pad. â€¢ Theatre Aspen shall provide a security check of the site at least three times per week to ensure the site remains safe and secure. Staffbelieves these conditions should not be amended. Theatre Aspen hasworkedwiththe Parks Department to ensure the tent walls properly screen the site. The walls, in conjunction with the new lobby structure create a clean, well maintained site that provides some interest of-will occur Page 2 0 f 3 in the park in the summer. Both Parks and Planning staff are supportive of the current design conditions because they result in less wear and tear on the Rio Grande Park. In addition, with the addition ofthe new restrooms in the Park, the tent will be evenjurther screened from view. REFERRAL COMMENTS: Staff reviewed the request with the Parks Department. and they are supportive of the request. Theatre Aspen has worked closely with the Parks Department to ensure screening of the tent frame is adequate and ensures the safety of the site. The Parks Department has indicated they do not support taking the tent frame down during the winter, as it is resource intensive and would require closing of the trail through the park and would create additional wear and tear issues in the park. FINANCIAL IMPLICATIONS: Theatre Aspen has requested a waiver of the Land Use Review fees associated with this application. Their fee waiver request is attached as Exhibit E. Staff anticipates 2.5 to 3 hours will be spent on the application, which will total $812.50 to $975. A Parks Department Referral fee of $975 is also required. This fee waiver request is at the discretion of City Council. The Resolution has been written to include the request (see section 2), but can be amended at the hearing based on Council's decision. The fee waiver request is part of the application, attached as Exhibit C. RECOMMENDATION: Staff recommends approval of maintaining the existing conditions placed on the tent, as outlined in Ordinance 38. Series of 2011. This includes: â€¢ The tent framing shall be covered with a roof, as weather allows, from April to October of each calendar year. â€¢ From October to April of each calendar year, the tent framing shall not be covered with a roof. Temporary sides shall be installed to shield the stage and seating from view. â€¢ The stage and seating shall be under protective cover and located on the existing concrete pad. â€¢ Theatre Aspen shall provide a security check of the site at least three times per week to ensure the site remains safe and secure. RECOMMENDED MOTION: "I move to approve Resolution , Series of 2013, accepting the design conditions regarding the Theatre Aspen Tent as outlined in Section 2 of Ordinance 38, Series of 2011." ATTACHMENTS: EXHIBIT A - Ordinance 38. Series of 2011 EXHIBIT B - Photos of tent during the 2011 winter and the 2012-2013 winter from Applicant EXHIBIT C - Application and Request for Fee Waiver Page 3 0 f 3 RESOLUTION NO. , (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ACCEPTING DESIGN CONDITIONS OUTLINED IN ORDINANCE 38, SERIES OF 2011, FOR THE THEATRE ASPEN TENT FRAMING FOR THE PROPERTY LOCATED AT RIO GRANDE PARK, 505 RIO GRANDE PLACE, CITY OF ASPEN, COLORADO, LEGALLY DESCRIBED AS: LOT 1 OF THE RIO GRANDE SUBDIVISION. Parcel ID 2737-073-06-851 WHEREAS, during a duly noticed public hearing on January 9, 2012, the City Council approved Ordinance No. 38, Series of 2010, by a four to one (4 - 1) vote, approving an SPA amendment and an Essential Public Facility Growth Management Review to allow the construction of a new lobby structure and a new tent structure for Theatre Aspen in the Rio Grande Park; and, WHEREAS, Section 2 of Ordinance 38, Series of 2013 required Theatre Aspen to check-in with City Council after a year, or as soon thereafter as possible, to review the conditions related to the winter design of the tent structure ; and, WHEREAS, the Community Development Department received an application from Theatre Aspen, represented by Emily Zeck, Executive Director, requesting continued approval of the conditions outlined in Section 2 of Ordinance 38, Series of 2013; and, WHEREAS, pursuant to Section 26.440, the City Council may approve an amendment to an approved SPA, during a duly noticed public hearing after considering a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the request; and, WHEREAS, during a duly noticed public hearing on April 22, 2013, the City Council approved Resolution No. , Series of 20013, by a to C - J vote; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements ofthe Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. Resolution No _, Series 2013 Page 1 0 f 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: The original conditions regarding the design of the tent framing, as outlined in Section 2 of Ordinance 38, Series of 2011, remain in effect. The applicant has satisfied the requirement to check-in with City Council, and no further action is required to meet that condition. The applicant shall continue to work with the Parks Department, as necessary, to ensure the site remains well kept and secure. Section 2: Fee Waiver City Council hereby waives all Planning and Parks fees related to this Land Use Review. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted, passed and approved this 22nd day of April, 2013. APPROVED: ATTEST: Michael C. Ireland, Mayor Kathryn S. Koch, City Clerk APPROVED AS TO FORM: James R True, City Attorney Resolution No _, Series 2013 Page 2 of 2 -AN<~ h#/\- RECEPTION#: 586032,01/20/2012 at 1--F Ii' n./ 09:39:04 AM, 1 OF 8, R $46.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO. 38, (SERIES OF 2011) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A SPECIALLY PLANNED AREA (SPA) AMENDMENT, AND AN ESSENTIAL PUBLIC FACILITY GROWTH MANAGEMENT REVIEW, FOR THEATRE ASPEN TO CONSTRUCT A PERMANENT LOBBY STRUCTURE AND TO ALLOW THEATRE ASPEN TO MAINTAIN THEIR TENT FRAME, STAGE, AND SEATING ON-SITE DURING THE WINTER AT RIO GRANDE PARK, 505 RIO GRANDE PLACE, CITY OF ASPEN, COLORADO, LEGALLY DESCRIBED AS: LOT 1 OF THE RYO GRANDE SUBDIVISION. Parcel ID 2737-073-06-851 WHEREAS, the Community Development Department received an application from Theatre Aspen, represented by Charles Cunniffe Architects, requesting approval of a Specially Planned Area (SPA) amendment, and an Essential Public Facility Growth Management Review, to construct a permanent lobby structure and to permit the theatre tent framing, stage, and seating to remain on-site year round; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for a Specially Planned Area (SPA) Amendment, and Essential Public Facility Growth Lodge Management Review; and, WHEREAS, the property is located in the Rio Grande Park and is zoned Public (PUB) with an SPA Overlay; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the requirements of a Specially Planned Area (SPA); and, WHEREAS, during a duly noticed public hearing on November 1, 2011, Planning and Zoning Commission approved Resolution No. 20, Series of 2011, by a four to zero (4 - 0) vote, recommending city Council approve an amendment to the Rio Grande SPA and an Essential Pubic Facilities Growth Management Review for Theatre Aspen; and, WHEREAS, pursuant to Section 26.440, the City Council may approve a SPA Amendment, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.470, the City Council may approve an Essential Public Facility Growth Management Review, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly Ordinance 38, Series 2011 Page 1 of 5 - noticed public hearing, comments from the general public, a recommendation from the - Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, during a duly noticed public hearing on January 9,2012, the City Council approved Ordinance No. 38, Series of 2010, by a four to one (4 - 1) vote, approving an SPA amendment and an Essential Public Facility Growth Management Review; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: 6- Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends City Council approval of a Specially Planned Area (SPA) amendment to the Rio Grande SPA, and an Essential Public Facility Growth Management Review, Section 2: Design The permanent lobby structure shall comply with the plan shown at the November 1 st, 2011 P&Z meeting, and attached as Exhibit A. Theatre Aspen's commemorative brick shall be re- incorporated into the permanent lobby and/or associated patio. rhe tent framing shall be covered with a roof, as weather allows, from April to October of each calendar year. From October to April of each calendar year, the tent framing shall not be covered with a roof. Temporary sides shall be installed to shield the stage and seating from view. The stage and seating shall be under protective cover and located on the existing concrete pad. This is attached as Exhibit B. Theatre Aspen shall return to City Council one year from the date of approval, or as soon thereafter as can be scheduled with City Council, to review the design of the tent framing with temporary walls, City Council shall have the ability to amend the SPA approval as necessary to ensure the visual impacts of the tent framing are sufficiently minimized from October to April. Ordinance 38, Series 2011 Page 2 of 5 Theatre Aspen shall provide a security check of the site at least three times per week to ensure the site remains safe and secure. Section 3: Signage A revised signage plan reflecting changes discussed with staff and the Planning and Zoning Commission shall be submitted to staff prior to City Council review. This shall include replacing a proposed marquee sign with a less imposing sign on a low-lying rock, as outlined in the P&Z meeting on November 1,2011 and the staff memo for said meeting. Section 4: Temporary Fencing The temporary fencing shown in Exhibit C shall be temporary, and shall only be erected during the theatre season when theatre performances are conducted and when required by the Actors' Equity Association Small Professional Theatre Rulebook, Sec. 48.A. 2-4. The fencing shall be constructed in a manner that does not prevent or limit the use of the trash enclosure for trash storage. Section 5: Essential Public Facility Growth Management Review - Affordable Housing Mitigation Theatre Aspen shall conduct an employee audit one year after final City Council approval for the permanent lobby structure. Volunteer hours shall not be included in the audit. Any additional employees that are not a result of the Rio Grande improvements shall be indicated in the report. However, only those employees that are a result of the improvements shall be subject to future mitigation, The Housing Authority shall request the audit from Theatre Aspen. Failure to request the audit shall not render any of the approvals invalid. 'Iheatre Aspen shall provide the Housing Authority and the Community Development Department with the audit report. The Housing Authority and Community Development shall forward the audit to the Housing Board, P&Z and/or City Council for review, as applicable. Section 6: Parks Theatre Aspen shall coordinate all improvements with the Parks Department to ensure they comply with the Parks Department's Master Plan for Rio Grande Park. Theatre Aspen shall comply with Parks Department regulations related to the prohibition of pesticide and herbicide use. The applicant shall ensure the site is clean and secure at all times. The applicant shall work with the Parks Department to ensure compliance during the fall and winter months when the tent is taken down each year. Section 7: Environmental Health Theatre Aspen shall undertake a noise monitoring program for its productions to ensure compliance with the City's noise ordinance, as amended from time to time. The current noise limits are 55 dBA from 7am - 9pm, and 50 from 9pm - 7am, The noise monitoring program shall verify compliance with the noise ordinance, by Theatre Aspen staff, before opening night of each production. It shall also include continued monitoring throughout the summer theatre season given background noise levels may vary. Noise level readings shall be taken at multiple locations along the property line of Ordinance 38, Series 2011 Page 3 of 5 (1 (1 the Rio Grande Park. The noise monitoring program shall be filed with the City of Aspen Environmental Health Department, who may require it to be updated as needed. Concessions at the tent historically have only been pre-packaged, non-potentially hazardous foods, and beverages without ice, due to the fact that Theatre Aspen does not hold a food service license nor have permanent plumbing. For special events serving food held at Theatre Aspen a temporary food permit must be submitted for approval to the Aspen Environmental Health Department prior to the event to ensure the protection of public health. Section 8: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. A construction management plan should be submitted as part of building permit. Section 9: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575,150, Outdoor lighting. No lighting shall be permitted in the stream margin area (fifteen (15) foot setback area from top of slope) or in any area below the top of slope line (toward the river) unless it is in the exact location of the existing lighting and requires no additional disturbance to the stream margin area. Section 10: Theatre Aspen Lease Within 180 days of City Council approval, Theatre Aspen shall re-execute their long-term lease on the Rio Grande Park to reflect this approval. Section 11: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 12: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 13: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance 38, Series 2011 Page 4 of 5 (1 The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office ofthe Pitkin County Clerk and Recorder. Section 14: A public hearing on this ordinance shall be held on the 9th day of January, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City ofAspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of December, 2011. Attest: kathryn S. ~toch, City Clerk Michael C. Ireland, Maydr (M FINALLY, adopted, passed and approved this7 ' day of jUZ-*2012. Attest: duL+* )44Â» Kathryn~,Koch, City Clerk Michael C. Ireland, Mayor < Approved as to form: g~fk/ne.- city-Attorney EXHIBITS: Exhibit A: Plans for the permanent lobby structure Exhibit B: Rendering of tent framing and screening Exhibit C: site plan indicating location of proposed actor's privacy fence. 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C F T te"I- V. f.~ .:~ 'E ..75. . 0 .6, Al &7 - --F ;- ,ir.Â·9-42Â§*~ (ft i & A ..b U / 1 1 4 111' . i 140 K , M. . ~,-, . 03> 1 s + . f< h r.,% , 1 r.1<* 77 - r (1 . 0 1 &04) *1 , j . 2% 3 tb j M r. 1 I. - ,-- q - 4 * Ij- 1- 4 )4 j 4 1- i-4--- A -W# *4 i Â· f ..A BA\ 't,1 11 -1 0 A K k- n- t nul 8.' 0, 0' L i) '... 04 13 0 '11 dt) 1 9 lit) r9 9 0 1 : 34 24 6-il li 20 1 0 1 0 , n N (1 0 1 11} 11114 i ,Â§11 11;il k RIO GRANDE PARK / .:: wi 9 I 'llilli 1 1 t nit'!' liA 7 1 THEATRE ASPEN 111: 1 Illit P AUF'n, Co,c ,~co Â·~, ~ STORM WATER PLAN 3!19 2 zm 11( 1 1 111 111 77 SANCTUA LEASE AGREEMENT BETWEEN THE CITY OF ASPEN AND THEATRE ASPEN THIS LEASE AGREEMENT entered into at Aspen, Colorado, this _ day of , 2011, by and between the CITY OF ASPEN, COLORADO, a municipal corporation and home-rule city ("hereinafter "City"), and THEATRE ASPEN a Colorado non-profit corporation (hereinafter "Tenant"). WITNESSETH WHEREAS, the City is the owner of the Rio Grande Park in Aspen, Colorado and desires to lease to Tenant certain space within the Rio Grande Park, as further described herein; and WHEREAS, Tenant desires to lease that certain space within the Rio Grande Park for the purposes set forth below and upon the terms and conditions set forth herein; and WHEREAS, the City of Aspen City Council on January 9, 2012 approved Ordinance 38, Series 2011, approving an amendment to the Rio Grande SPA Final Development Plan and a Growth Management Exemption as an Essential Public Facility to allow for the construction of a permanent lobby structure, and allowing the tent framing with temporary walls to remain erected for a one-year test period; and WHEREAS, Ordinance 38, Series 2011, required that Theatre Aspen's lease of the property be re-executed and updated within 180 days of the approval; and WHEREAS, the parties hereto understand that this Lease Agreement is specifically conditioned upon the Aspen City Council granting the requisite land use approvals for the proposed uses within the Rio Grande Park. NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions contained herein, the parties agree as follows: 1. Term. The initial term of this Lease Agreement shall be for a period of ten (10) years and nine (9) months, effective January 1, 2011, and terminating at the conclusion of Tenant's 2021 season on October 1, 2021. An additional term often (10) years (terminating on October 1, 2031) shall automatically be added to the initial term provided that Tenant provides the City with written notice at least 6 months prior to the end of the initial term that it intends to renew the term of this Lease Agreement for an additional ten years. The parties hereto agree to discuss the continuation of the Lease Agreement no less than six (6) months before its termination. Negotiations for the continuation of this Lease Agreement shall be subject to review by the City, and shall proceed upon good faith by both parties, Page 1 2. Premises. The Premises subject to this Lease Agreement shall be the area outlined within the Rio Grande park as shown on Exhibit 1 appended hereto and by this reference made a part hereof as if fully set forth here. 3. Use. The Premises may be used by Tenant solely for the purpose of placing a tent in substantially the area shown on Exhibit 1, and constructing or placing a ticketing and concessionaire's structure to remain on the Premises during the duration of this Lease Agreement. Tenant may use the Premises for the presentation of theatrical productions and related operations. Tenant may occasionally rent out the Premises to third parties who may use the Premises for similar purposes. The uses permitted on the Leased Premises shall comply in all respects with any and all conditions required by the City in any approvals that may be granted to the Tenant by the Aspen City Council pursuant to the Aspen Municipal Code. Prompt clean-up of the Premises after each summer season shall be conducted by Tenant. Materials kept within the Premises should be contained to the tent and structure layout as shown on Exhibit 1 under protective cover and within existing enclosed structures on property which total approximately 250 sq ft. Any improvements or replacements planned to these existing structures should not cause total enclosed sq footage to exceed 500 sq ft total or maximum height for any enclosed structure to exceed 15 ft, Any unenclosed structures that remain onsite of the Premises year-round, including but not limited to framework for theatre's lobby structure, shall be subject to the prior approval of the City Council by the review of a Specially Planned Area amendment process or the Community Development through administrative review, as applicable. Tenant shall not use the Premises for any other purposes without the City's written consent. Tenant's use and occupancy of the above-described Premises shall comply with the rules, regulations and ordinances of any governmental authority having jurisdiction over the Premises or the activities performed thereon. Additionally, Tenant shall not use the Premises in any manner that will create an increase in the rate of insurance or a cancellation of any insurance policy, even if such use may be in furtherance of Tenant's operations. In the event that Tenant proposes to use the Premises in a manner that would increase the City's insurance premiums, the City and Tenant agree to discuss such plans to determine if there is a way to minimize the costs to the City and still permit the proposed activity to take place. Tenant shall not keep, use or sell anything prohibited by any policy of fire insurance covering the Prernises. Tenant shall return to City Council one year from the date of approval in Ordinance 38, Series 2011 (January 9, 2013), or as soon thereafter as can be scheduled with City Council, to review the design o f the tent framing with temporary walls, City Council shall have the ability to amend the SPA approval as necessary to ensure the visual impacts of the tent framing are sufficiently minimized, including an order to remove the structure if deemed by City Council as the appropriate solution. Tenant shall undertake a noise monitoring program for its productions to ensure compliance with the City' s noise ordinance, as amended from time to time. The noise monitoring program shall Page 2 verify compliance with the noise ordinance, by Tenant, before opening night of each production. It shall also include continued monitoring throughout the summer theatre season given background noise levels may vary. Noise level readings shall be taken at multiple locations along the property line of the Rio Grande Park. The noise monitoring program shall be filed with the City of Aspen Environmental IIealth Department, who may require it to be updated as needed. 4. Time of Occupancy, Acceptance, Surrender of Premises and Abandonment Tenant shall be entitled to use and occupy the Premises during all times as set forth in the land use approvals granted by the City. At all other times Tenant may use the Premises only with the prior approval of the City. If the Tenant abandons the Premises for a period of more than 30 days (excepting the off-season) then this Lease Agreement shall automatically terminate and shall be considered a breach by Tenant. Tenant shall be responsible for landscape restoration of the Premises to a park condition of turf grass sod. 5. Rent. Tenant agrees to pay a total of $10,00 per year to the City as rent for the Premises, payable on the first day of each calendar year. 6. Access to Premises. City shall be entitled to enter upon the Premises at all reasonable hours for the purpose of inspecting the same, preventing waste or loss, or enforcing any of City's rights hereunder. Vehicular access to the Premises shall be restricted. Except for sanitation service vehicles and trash removal vehicles intended to service the Premises, vehicular access to the tent site shall be restricted to deliveries of theatre property or tools weighing over 50 pounds. All deliveries must be accompanied by a person on foot in front of the vehicle to warn pedestrians and park users for sa fety reasons. 7. Maintenance and Repairs. Tenant, at its sole expense, shall keep the Premises in a good, clean and safe condition. Tenant shall be responsible for all maintenance inside the Premises as shown on Exhibit 1, including pathways, entrance landscaping, structures and infrastructure. This list may not be inclusive. Tenant shall not be responsible for snow removal inside the Premises unless required for access to theatre property. The City shall be responsible for irrigation maintenance on the Premises and adjacent park area and be responsible for grounds maintenance in the park area outside of the Premises, including pathways and any lighting outside of the Premises. Tenant shall be responsible for any electrical infrastructure and lighting inside the Premises. 8. Utilities and Security System. Tenant shall be responsible for all utilities used on the Premises. Theatre Aspen shall provide a security check o f the site either in person or via a remote monitoring system at least three times per week to ensure the site remains safe and secure. 9. Personal Property. All personal property and trade fixtures placed on the Premises shall be at Tenant's sole risk and City shall not be liable for damage to or loss of such personal property or trade fixtures arising from the acts or neglect of Tenant, its agents or employees. Any personal property or trade fixtures of Tenant or anyone claiming under Tenant, which shall remain on the Premises after the date upon which the Premises shall be Page 3 surrendered shall be deemed to have been abandoned and may be retained by City as its property or disposed of by City in such a manner as City sees fit. 10. TaxeÂ· In the event any taxes are levied and assessed upon the Premises or upon the improvements, fixtures or personal property of the Tenant during the term of Tenant's occupancy of the Premises or arising therefrom, or upon the leasehold or possessory interests as created through this lease, Tenant shall be solely responsible to satisfy and pay all such taxes in a timely fashion. Tenant shall not allow any liens for taxes or assessments to exist with respect to the Premises, except that Tenant may permit such taxes or assessment to remain unpaid while pursuing any good faith contest or appeal of same. 11. Indemnification. Unless caused by the negligence of the City, Tenant agrees to indemnify and hold harmless the City, its officers and employees, from and against all liability, claims, and demands, on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other similar loss, which arise out of or are in any manner connected with Tenant's occupancy of the Premises pursuant to this Agreement, if such injury, loss, or damage is caused in whole or in part by, the omission, error, or negligence of the Tenant, any subcontractor of the Tenant, or which arises out of any workmen' s compensation claim of any employee of the Tenant or of any employee of any subcontractor of the Tenant. 12. Public Liability Insurance. Tenant agrees to furnish City with certificate(s) of insurance as proof that it has secured and paid for a policy of public liability insurance covering all standard risks related to the leasing, use, or occupancy, of the Premises. The insurance shall be procured from a company authorized to do business in the State of Colorado and be satisfactory to City. The amount of this insurance, 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. 24-10-101 et seq., as amended. At present, such amounts shall be as follows: $150,000.00 for any injury to one person in any single occurrence, $600,000.00 for any injury to two or more persons in any single occurrence. In no event shall such insurance amounts fall below those maximum liability limits as set forth at C.R.S. 24-10-114, as amended. 13. Premises Insurance. During the full term of this Agreement, Tenant, at its sole cost and expense, and at Tenant's discretion, may also cause all of the furniture, fixtures, and equipment in the premises to be kept insured, without co-insurance clauses, to the full insurabIe value against the perils of wind, storm, hail, lightning, explosion, fire and like perils. "Full insurance value" means the cost, as of the date of loss, for replacement of the damaged or destroyed property in a new condition with materials of like size, kind and quality. The insurance shall stand as primary insurance for the furniture, fixtures, and equipment in the Premises to be procured from a company authorized to do business in the Page 4 State of Colorado and be satisfactory to the City. All policies as required herein shall contain a waiver o f subrogation by the insurer against City. 14. Termination Due to Fire or Similar Catastrophe. If, absent negligence or fault on the part of Tenant, the Premises shall be damaged by fire or other catastrophe so as to render said Premises wholly untenantable, and if such damage is so great that a competent licensed architect in good standing in Pitkin County, Colorado, as selected by the City within fourteen ( 14) days from the date of loss, shall certify in writing to the City and Tenant that the Premises, with reasonable diligence, cannot be made fit for occupancy within ninety (90) days from the happening of the occurrence of the damage, then Tenant shall have thirty (30) days from date of official notification of this decision to decide whether to maintain this Lease Agreement and be solely responsible for restoring the Premises to working condition or whether to terminate this Lease Agreement and vacate the Premises. Such a termination of the Lease Agreement shall not forgive Tenant's obligation to restore the landscape of the Premises to a park condition of turf grass sod as outlined in Section 3. If, however, the damage is not such as to prevent reoccupation and use of the Premises within ninety (90) days, then repairs thereto shall be undertaken by Tenant with all reasonable speed to restore the Premises to its former condition and the Lease Agreement shall remain in effect. All insurance proceeds resulting from Tenant' s insurance policies and coverage shall remain property of Tenant, regardless of official decision regarding the condition of Premises or Tenant's decision whether to terminate Agreement and restore the Premises. 15. City to be Named a Co-Insured or Additional Insurance. Tenant shall name City as co-insured or additional 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 City thirty (30) days in advance of the effective date. 16. Repairs and Alterations bv Tenant. Tenant, pursuant to any land use approvals received from the city, or upon City's written consent, may, at its own expense, make reasonable and necessary alterations or improvements to the Premises. All alterations, additions and improvements shall be performed in a workmanlike manner, in accordance with all applicable building and safety codes, and shall not weaken or impair the structural strength or lessen the value of the Premises. All alterations, additions and improvements made in or to the Premises shall be the property of Tenant and remain the property of Tenant upon termination of this Lease Agreement. Tenant agrees that prior to any construction or installation of alternations, additions or improvements, 'renant shall post on the Premises in a conspicuous place a notice of non-liability for mechanic's lien as specified at C.R.S. Section 38-22-105 on behalf of the City and shall notify City of such posting and the exact location of same. Perfection of a mechanic's lien against the Premises as a result of Tenant's acts or omissions may be treated as a material breach of this Lease Agreement. 17. Repairs and Alterations by City. City reserves the right, from time to time, at its own expense and by its officials, employees and contractors, to make such alterations, maintenance activities, renovations or repairs in and about the Rio Grande Park, other than those noted above as required by Tenant, as City deems necessary or desirable and Tenant Page 5 covenants to make no claim against City for any interference with its interest as herein provided in the Premises. Any such activity within the Premises may only take place upon Tenant's consent. City shall provide reasonable notice to Tenant in advance of any intent to undertake any work in the Rio Grande Park as authorized in this paragraph and all work shall be performed at such times as may be mutually agreed to between the parties so as to eliminate or minimize any disruption of Tenant's business. The City shall, however, have the final decision making authority as to what time is reasonable under the circumstances. 18. Condemnation. If during the term of this Lease Agreement, or any renewal of it, the whole or part of the Premises, or such portion as will make the Premises unusable for the purpose leased, or the leasehold interest, be condemned by public authority, including City, for public use, then this Agreement shall cease as of the date of the vesting of title in the Premises in such condemning authority, or when possession is given to such authority, whichever event occurs first. Tenant shall not be entitled to any part of any condemnation award for the value of the unexpired term of this Agreement or for any other estate or interest in the Premises, such amount belonging entirely to City. 19. Assignment of Agreement. Tenant shall not assign, pledge, sublease or otherwise dispose of or encumber this lease, or the leased Premises, without the prior written consent of the City, except as allowed in section 3 above. Such consent shall not be unreasonably withheld. Tenant shall, likewise, not permit any third party to occupy or use the Premises absent the prior written consent of the City except as allowed in Section 3 20. Signs. Tenant shall not place any signs upon the Premises or upon the Rio Grande Park except of such design and construction as may be permitted by City. It is understood by the parties that placement of an identification sign or signs is important and necessary to Tenant's business. Accordingly, the City hereby consents to allowing Tenant to place banners of Tenant's choosing within the Premises as shown on Exhibit 1 provided they comply with the City's sign code. Additional banners or signs outside of the Premises within Rio Grande Park may only be placed with the approval of Parks staff. Any sign permitted by City shall at all times comply with applicable ordinances, rules and regulations. 21. Breach by Tenant Defined. If Tenant shall fail to timely comply with any of the terms or conditions of this Agreement, any term or condition of the land use approvals granted by the City, or any notice given under it, or shall become insolvent, or shall have or attempt to make an assignment for the benefit of creditors, or if any of its property be attached and such attachment is not promptly released, or if an execution be issued against it, or, if a petition be filed by or against it, to have it adjudicated a bankrupt, or if a trustee or receiver shall be created or appointed to take charge of its assets, or if it shall abandon the Premises for a period of more than thirty (30) days (not including seasonal closures) then at any time afterwards City may treat such act or omission as a breach of this Lease Agreement and, at its option, enter into the Premises and remove all persons and take and retain possession thereof either with or without process of law. Page 6 22. City's Remedy for Breach. Any breach, default or failure by Tenant to perform any of the duties or obligations assumed by Tenant under this Lease Agreement shall be cause for termination of the Lease Agreement by City in the manner set forth in this paragraph. City shall deliver to Tenant thirty (30) days' prior written notice of its intention to terminate this Lease Agreement, including in the notice a reasonable description of the breach, default or failure. If within that thirty (30) days Tenant shall fail or refuse to cure, adjust or correct the breach, default or failure to the reasonable satisfaction of City, the City shall have the right to declare this Lease Agreement terminated and all rights, powers and privileges of Tenant as provided through the Lease Agreement shall cease, and Tenant shall immediately vacate the entire Premises and shall make no claim of any kind against City by reason of the termination. The thirty (30) days' prior written notice shall be conclusively determined to have been delivered to Tenant by the hand delivery of same upon the Tenant's primary address set forth herein, or at the time it is deposited in the U.S. Mail, certified, postage prepaid, addressed to the address set forth herein. 23. Non-Waiver of Rights. Any failure by City to so terminate this Lease Agreement as herein provided after the breach, default or failure by Tenant to adhere to the terms of the Lease Agreement shall not be deemed or construed to be a waiver or continuing waiver by City of any rights to terminate the Lease Agreement for any present or subsequent breach, default or failure. 24. Non-Discrimination. Tenant agrees to comply with all laws, ordinances, rules and regulations that may pertain or apply to the Premises and its use. In performing under the Lease Agreement, Tenant 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, affectional or sexual orientation, family responsibility or political affiliation, nor otherwise commit an unfair employment practice. 25. Notice. Whenever this Agreement calls for or provides for notice and notice is not otherwise specified, the same shall be provided in writing and shall be served on the person(s) as designated by the parties below, either in person or by certified mail, postage prepaid and return receipt requested. For City: Aspen City Manager 130 South Galena Street Aspen, Colorado 81611 For Tenant: Managing Director Theatre Aspen 110 E. Hallam St., Ste 103 Aspen, CO 81611 The parties may change or add such designated person(s) or addresses as may be necessary from time to time in writing. Page 7 26. Binding Effect. All of the terms and conditions as contained in this Agreement shall inure to the benefit of and be binding upon the successors and a ssigns of the parties. 27. Controlling Law. This Lease Agreement shall be enforced and interpreted in accordance with the laws of the State of Colorado. Any action brought to enforce or interpret this Agreement shall be brought in the District Court in and for Pitkin County, Colorado, In the event of litigation between the parties concerning this Agreement or matters arising therefrom, the prevailing party shall be awarded its costs and reasonable attorney's fees. 28. Entire Agreement. This instrument constitutes the entire Lease Agreement by the parties concerning the Premises and shall supplant and supersede any previous agreements between the parties pertinent to the Premises. Any prior or contemporaneous oral or written agreement that purports to vary from the terms as set forth herein shall be void and of no effect. 29. Amendments. Except as otherwise provided herein, this Lease Agreement and at] of its terms and conditions may not be amended or modified absent a written agreement duly executed by the parties. 30. Condition Precedent. This Lease Agreement is specifically conditioned upon the Aspen City Council granting the requisite land use approvals to Tenant for the proposed uses on the Leased Premises and Tenant's acceptance of same, including any conditional terms related to approvals. Furthermore, this Lease Agreement is hereby subject to all the terms and conditions that may be required by the Aspen City Council in any land use approvals granted to Tenant for the proposed uses described herein. WHEREFORE, the parties, through their duly authorized representatives, have executed this Agreement upon the dates as forth herein. THE ClTY OF ASPEN, COLORADO Steve'Barwick, City Manager ATTEST: 34_21Â«--- I(athryn S. I~h, CitfClerk Page 8 TENANT: Theatre Aspen By: ELL L.1 teL Emily Zeck, kianaging Director Page 9 7340891 PROOF OF PUBLICATION Ton All TIMCS STATE OF COLORADO, COUNTY OF PiTKIN I, Jenna Weatherred, do solemnly swear that 1 am a Publisher of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions. and that the first publication of said notice was in the issue of said newspaper dated 12/15/2011 and that the last publication 12/I5/2011 of said notice was in the issue of said newspaper dated . In witness whereof, I have here unto set my hand this 6(h day of February. 2012. Jenna Weatherred, F~blisner Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 6th day of February. 2012. 1'1/1 k.Â¢â€ž 9 - 1-3~ - Mary E. Bolkenhagen, Notary Public My Commission expires: September 12,2015 Aspen (LEGALS) City of 60/43< lot 1 \ 2.6 1 LELAL.NQI[ZE ORDINANCE #38,2011 PUBLIC HEARING Ordinance #38, Series of 2011. wah adopted on first readinq.at the Ci:y Council meet,ng December 12,2011. ihis ordinarce, d adopted. will amerU the R:o Grande SPA to allow Theatre Aspen to con:truct a permanent (obby and to retain the perÂ· formance tent framing during the winter. The pub- !,c hearing on Mis ordinance,6 scheduled for Janu- ary 9,2012 at 5 PM City hall. 130 South Galena. To see the ent,re texl, go to the city's legal notice website t]!tul"winaAEG~kin.=1QiQaft[2ntsUQ[kiLE 921=NQI,AMI' 11 you would like a copy FAXed or e-mailed to you, call the clty clerk's off,ce. 429Â·2686. Publisned in the Aspen Times Weekly on Decern- ber15,2011. [73408911 40Â»0'U'1111'mo//4/ + Ae 8(?R KE,2 44 :> -h *i Â·. -6 1 riOTARk 'Â·a~ ~ PUBLIC f f --V . =ZÂ«Â»C- COLOÂ»:44 042/&(ltulÂ« #illilli//0////0 Exhibet B THEATRE ASPEN TENT - WINTER 2012-2013 -1. 4 - 6 J. 1 I - t t - I '/ V k 1 . A k / I# 1; 1 \, . '2144 ... VIEW FROM BRIDGE ENTRANCE 0 - 1 ,.. - . 4.-411.lau. VIEW FROM POND ) c, 4 . (* 1 ' 4 1.- 4 . I 1 - ..1 1 7 . NORTH SIDE (BACK OF HOUSE) 'te a . 1 , 1 1 - SOUTHWEST CORNER 19"14 E-SN 0,#r 4,0111 I .,d' . . I :P '. an N r , 0,~ 1 - i 41.9:killimil#ill:'lli""Ills'le,lill/ 02. 5 7%'41<67;94"*f~r +15*-'*43 ' 5.ki,# 4 ,:wt'; I, I 4â‚¬ Â·4'T 0 - %31 w Â·1*M 4,147' 4<jil.'B#..9,1;,0 '47'61,- .0,; 'A &4.YAO.t,1 2 1,1 ...3.,1,. 2 ,~tki~'N: : .1. Â¢ 44'*A'p '0 : K'Â¥ t' 1 1 4 -4 'fil L It $/. 1 4 / / r 'rE 'al .. .. .A 0:. , d ./ % 1," 4 1. A . \ *: \ * ' *q/~i. ?f A.,1 -6 1 i.. 7/fi .UA :Â» U.Â¥ , .. -L-- .. 8. , V '' T , A .A. *22 - t.., ' ' â€¢ J ' 2 - ,Â· ~01, 0% 1 0 1 ' e f .4 - Â£ k 1 - 0 t --- - -1.r .1 1 d/~.1-1 ,izipÂ·Â· diÂ¥l ./ 1 F..,1 % t t. Â·. 7 4 h â€¢ , .fl: 1 1 $41/..1 - I . $ , (1, -91 . I ." 4, , 4.: W'#' Ad '1 k r h / . . ' r I. 1 . 6* 4 5 4 -4.14 - . 17Â· f 'A 3, t. 1 . FOR COMPARISON: TA'S OFF-SEASON LOOK FROM 2011 J.Ir ~JE66 AP 504 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: .ffb ES- R jl) 62Ahotiz PlÂ· 7Â·&7?22 ASPWAspen,co SCHEDULED PUBLIC HEARING DATE: M, DNMAN A- f )41 L 222_ , 201-* STATE OF COLORADO ) ) SS. County of Pitkin ) i, 3-ho Quavt) 01 - RASAL ett (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 , (E) o f the Aspen Land Use Code in the following manner: JPublication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting ofnotice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 20 , to and including the date and time of the public hearing. A photograph Of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U. S. mail to all owners o f property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date o f the public hearing. A copy Of the o-wners and governmental agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. b<v aic,Â£14) h , ~UU,1)-4-0~Â© **abhe ' The foregoing "Affidavit of Notice" was acknowledged before me this 5 16day of CYÂ»Uf/ ,101*by .Â·*lf,tte E-2-94,/ A, Ktkf/*32/0 . PUBLIC NOTICE RE: 505 RIO GRANDE PLACE - SPA AMENDMENT WITN-ESS MY HAND AND OFFICIAL SEAL NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, April 22, 2013, at a meet- ing to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Gale- My commission expires: 211{64 1(P na St., Aspen, to consider an application submitted by Theatre Aspen, 110 E Hallam St, Sle 103, As- pen, CO 81611. Theatre Aspen leases a portion of Rio Grande Park, 505 Rio Grande Place, to oper- ate a seasonal theatre. The applicant received SPA approval to leave the tent structure up in Rio 13*04 6,-A fb*-Dea- Grande Park through the winter in 2012. That ap- Notary Public proval required a City Council check-in and review after one (1) rear, which is the purpose ot this hearing. For urther information, contact Jessica i Garrow atthe City of Aspen Community Develop- ment Department, 130 S. Galena St., Aspen. CO, (970) 429-2780, jessica.garrow@ci.aspen.co.us. 4 Michael Ireland. Mayor Aspen City Council Published in the Aspen Times on April 4, 2013 [9057055] ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE, POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 Chi j(A 4{22- 4<*142 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 41)5 / 477) K-10 600-Yv \OE el Â· , Aspen, CO SCHEDULED PUBLIC HEARING DATE: MR-IL 7.2- , 20413 RECEiVED STATE OF COLORADO ) APR 1 9 2013 ) SS. CITY OF ASPEN County of Pitkin ) COMMUNITY DEVELOPMENT I, 13,~ ILY -31; dc (naive, please print) being or representing an Applicant to the City o f Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: 4t Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ~3 Posting of notice: By posting o f notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed o f letters not less than one inch in height. Said notice was posted at least fi~en (15) days prior to the public hearing and was continuously visible from the H day of Af IL ( L , 20&\3, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. 93 Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date o f the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) ~ Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. 9 < k Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal o f this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses o f owners o f real property in the area o f the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Itc 10.1 -Ud-- Signature The foregoing "Affidavit o f Notice" was ack:1owle*ed beforpÂ·Te this ~ay of APR' L. , 200_, by C jv, , 1 i/ 2&-eok- WITNESS MY HAND AND OFFICIAL SEAL C. L . Â·t .... 1 0 14 My commission expires: O4ll' / 2816-Â· L I Yr<E' 1 65 . & ./.690 / â‚¬ k g=JU ~%4832 ~0tary Public J U ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 THEATRE ASPEN30 E-ja. &62*-paw Theatre Aspen 110 E Hallam St Ste 103 Aspen, CO 81611 970-925-9313 Dear Neighbor, Thank you again to all o f you that have voiced your support for our endeavors. We have listened to your input and incorporated City Council's comments, and this winter we purchased additional walls to dress up our tent frame in the off-season. Because we are forced to remove the roo f panels seasonally, as the full structure cannot withstand the Aspen snow, our goal was to make the tent appear as intact as possible and to blend in with the snowy winter landscape, and we believe we have accomplished just that. We were asked by City Council in January of 2012 to proceed with this plan, and to return in 2013 to receive approval. We will be appearing before Council for this purpose on April 22, and we would welcome the opportunity to address any of your thoughts or concerns prior to this appearance. Your support is invaluable to us and we are truly grateful. Our 2013 season marks TA's 30th anniversary, and we hope you will come to the tent this summer to help us celebrate ! Sincerely, 6-* Ro(~ Paige Price Emily Zeck Artistic Director Managing Director paige@theatreaspen.org emily@theatreaspen.org TheatreAspen.org 110 East Hallam Street Suite 103 Aspen, Colorado 81611 T 970.925,9313 F 970.925.6813 E info@TheatreAspen,org . ./ . 6 'i, ' ... 47 '$ f f. + I - 4 Â·17- ij. - , 4 - 4 4*- 4 . 't, Ill 1 - 4 (,Ch Â¥ 1 - =-1. I - â„¢ 4 N e . .,t' â‚¬ I 2 4 3.4 1 .. 7 * lA 4-'1 fd <.s Â·I~ 4 Mel -~ - FOR COMPARISON: TA'S OFF-SEASON LOOK FROM 2011 Â¥ '.14 X2 f THEATRE ASPEN TENT - WINTER 2012-2013 .t-- 1 Â· f' , 1 \ 1 1 , ' '4 . I. Â£=r -4-Af . VIEW FROM BRIDGE ENTRANCE 4 't 17, R.qi 4 1 t VIEW FROM POND '44% a re-,e f.. . 2576 lit 1 * :1 : . # . 1111*' .' r r th - A . F / 1.4 - 6 4% . A . 1 , f i ~ e i~' 11.... ~ e 4 - f. I , L ' 1.- /.- .: - -- . .tr *. 1 1 .. . 4 /4---1 I It N r . r ..1: 1+ . 1 /4 2/- I LK.Â· ' 1 -- 7 .. 6.21\ , j r r.1 1 ./, b I /.r , I .+ 1 - . - I lili \ . I Â¥8 4 I . , 31 - - f . Â» â€¢ VIEW FROM TRAIL 9. . ..f / 4 2 . , 4* M . . A . VIEW FROM SKATE PARK PUBLIC NOTICE RE: 505/470 RIO GRANDE PLACE - SPA AMENDMENT/ NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, April 22,2013, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Theatre Aspen, 110 E Hallam St, Ste 103, Aspen, CO 81611. Theatre Aspen leases a portion of Rio Grande Park, 505/470 Rio Grande Place, to operate a seasonal theatre. The applicant received SPA approval to leave the tent structure up in Rio Grande Park through the winter in 2012. That approval required a City Council check-in and review after one (1) year, which is the purpose of this hearing. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2780, jessica.garrow@ci.aspen.co.us. s/ Michael Ireland, Mayor Aspen City Council Published in the Aspen Times on April 4,2013 City of Aspen Account THEATRE 40 post,% HEATRE 4211 9 41<---=,~ , ASPEN3O ASPEN3O * : 8 1213 6,' tr ':,2, ...p .r< ..3, 9 'a.1. bWEdrS'U#1 *5 1, $000.660 2, .2.1~ 0001055703 APR 04 2013 110 East Hollam Street. Suite 103 rp!:=Mat~ZA M AILED FROM ZIP CODE 81611 Aw.TheatfeAspen.org 0 East Hallam Street. Suite 103 ' MAILED FROM pen, Colorado 81611 JACKDOG LTD PEMBER WILLIS & SARAH P 3900 ESSEX #101 PO 8OX 8073 HOUSTON, TX 77027 ASPEN, CO 81612 THEATRE . /0 1 HEATRE \SPEN30 wimear=. C--4 ILB* I~B.W05 1, $000.660 <*SPos*e _ y $ ASPEN30 ~Â¢0==5 ,-F -- =kâ€¢â€¢;Nu440001055703 APR 04 2013 www.TheotreAspen.org v. TheatreAspen.org 0001055703 pa~*** u 2 1P 110 East Hallam Street. Suite 103 1#(23/3-~mÂ£ MAILED FROM ZIPOODE 81611 East Hallom Street. Suite 103 11/ZTZIWli MAILED FROM Z, Aspen, Colorado 81611 3,1 Colorado 81611 ORTEGA G RICHARD MCGOWIN FLORENCE M 414 N MILL ST 991 ISLAND PARK OR ASPEN, CO 81611 MEMPHIS, TN 38103-5838 ollum Street, Suite 103 t~t~~122 MAILED FROM ZIP CODE 81611' 4.TheatreAsper,â€¢019 ", Eidli~J,in MAIL.,r...wi Aspen. Colorado 8811 East Hallom Street, Suite 103 m Colorado 81611 ASPEN, CO 81612 REIDSCROFT PARTNERSHIP PO BOX 10443 SMtTH BRIDGER ASPEN, CO 81612 PO BOX 8616 IEATRE . 4 ASPEN30 82*1%% 4 <212. '41' -.'--Mt'E 65PEN30 56,1...~4/.<7 0./ 1.~ ~ 9Â·001.55-03 APR www. TheaireAspen.org $000.660 ~ Mt ILED FROM ZIP Cot 110 East Hallam Street. Suite 103 0001055703 APR 04 2013 4.TheatreAspen.org Aspen. Colorado 81611 MAILED FROM ZIPCODE816 ti East Hallam Street Suite 103 ,en, Colorado 81611 TEAGUE HENRY B 129 EMMA RD #A PITKIN COUNTY BASALT, CO 81621 530 E MAIN ST #302 ASPEN, CO 81611 460 90349 ...6 .- #SPEN3O (trad (MPEN30 #45/Zi/91-9, - IllNEÂ¥ 10-8 / 6.,w," /2 7 /1/t.2~ *c-,4.4. . .flp $ ~ A ,p $000.660 East Hallam Street. Suite 103 MAILED FROM Z 110 East Hallam Street, Suite 103 N,TheatreAspen.org 0001055703 www.TheatreAspen.org Mijadiv'= 00 01055703 APR 04 2013 EZi.21;16~ MAILED FROM ZIP CODE 81611 Aspen. Colorado 81611 en, Colorado 81611 CITY OF ASPEN ATTN FINANCE DEPT WIENER WILLIAM B JR 130 S GALENA ST 333 TEXAS ST #2290 ASPEN, CO 81611 SHREVEPORT, LA 71101 42Â»r-ke. *b F t N30 ./"Mal ki 40 0.- A*PtN30 1Â»ru,N, lf-1- F 0~ A tp $00' www.TheatreAspen.org 2001055703 APR 04 2013 $000.660 TheatreAspenorg â€¢6Â·El#Lpi[;3 0001055703 APR ost Hallam Street, Suite 103 22/21;juil:,d MAILED FROM ZIP GOi 110 East Hallom Street. Suite 103 MAILED FROM ZIP CODE 81611 Aspen. Colorado 81611 n, Colorado 81611 CROWN LAURIE J 414 N MILL ST BEYER ALAN R ASPEN, CO 81611 410 N MILL ST #811 ASPEN, CO 81611 THEATRE HEATRE ASPEN30 Wig"Egi Â¢ (Â¢-=:-d= Z 410, POS&14 asPEN3O 40 post 20 y www.lheatreASpen.org 0001055703 APR 04 201 0 /w.TheatreAspen,org Â·'U29'GJ C00185Â·3703 APR C Aspen. Colorado 81611 )en, Colorado 81611 Â£1274 2 'p $000 110 East Hollam Street. Suite 103 MAILED FROM ZIP CODE 8161 ) East Hallam Street. Suite 103 E-2/p,gl/11, MAILEU FROM ZIP CCD 3 g $000.66 GIANTONIO NICOLE GARWOOD JANET ASPEN, CO 81611 110 EHALLAM#104 PLETTS SARAH A AS JT TENANTS PO BOX 3889 ASPEN, CO 81612 EATRE EATRE ASPEN30 ?22#1~ m Â«,,:-câ€¢,=~== SPEN30 - M'NE. ItyÂ«t 110 East Hollam Street. Suite 103 1.Â·y=Â·Anhi M AILED FROM ZIP CODE 816 4#NB~stqQ# -/4': I. I i 4% -"'râ€¢â€¢ â€¢ows, www.TheatreAspen.org 64&.&-&.4 Â·. ,'' d Â· ~ i=?E $000.64 Aspen. Colorado 81611 ~~~~ ~703~~P~~4'~0 heatreAspen.org Caull,55703 APR 04 20 st Hallam Street. Suite 103 MA:LED FROM ZIP CODE 816 Colorado 81611 COLORADO PROPERTIES LTD C/O KLEIN & BARENBLAT HOROWITZ JAMES M SAN ANTONIO, TX 78205 115 E TRAVIS ST STE 504 110 E HALLAM #104 ASPEN, CO 81611 )PEN30 2 0 CE-Â·~== 1 Abl'tl\13U www.TheatreAspen.org ww,TheatreAspen. org ~ 02 /P ~m amzr 44 - In-v.O-8 0 e 02 1P $000.660 * Ir le 110 East Hallam Street, Suite 103 0001055703 APR 04 2013 ;pen, Colorado 81611 &,Z..=,~2:,El=MAILED FROW Aspen. Cotorado 816 1 1 0 Eost Hallam Street. Suite 103 MAILED FROM ZIPCODE 81611 LIPSEY WILLIAM S MARTIN MICHAEL S 4150 IRVING PL 955 KING ST CULVER CITY, CA 90232-2812 ASPEN, CO 81611 1 Easy PeelÂ® Labels : A Bend along line to 9 Use AveryÂ® Template 5160Â® ; Feed Paper - expose Pop-up Edgeâ„¢ ; * AVERYÂ® 5160Â® ~ A Etiquettes faciles A peler A Repliez J la hachure afin de 1 www. avery.com t Utilisez le gabarit AVERYÂ® 5160Â® , Sens de chargement r,}valer le rebord Pop.up.( 1 1-800-GO-AVERY 1 32/08 OO'h13AN3O 00Â£# lS 38IV-1138 S ELSL dIHSHBN-LbIVd 03.LIAI-1 AllINÂ¥=I HOC] 1 19 L 93000 dIZ kNO&3 <131[VIN 02931;yifpy l [9[9 opoioloo 'L Â£0 L e;!ns 'leeits li.JOI1014 *so E)Jo'uedsveltoelll 099'000$ 2.*06*-7, 93.02 /3/1/ 0///-- 41.- 5 1 e'lf,/'Â·'ro. h=~==-12->)) 8 09aWL,8 4 4 *ftâ€¢ef,Z.4-3 4280,15~ OSI\13dS, 3211V3 , k. el isÂ¢- PUBLIC NOTICE 3*LK . Date: Ard 22.2013 4 b .iÂ¥ Tirne: 5 04*, Place: Ae, S G.1... al, h., Council Chamtâ€¢,4 Purpose: f* 01 Cu.,w. 10 Â©011.0.1 an â€¢WP|K#kcrl â€¢ Ji,iÂ¥ :11,0 0, Thietre Aloen, 110 E H,ill,irr St.SÂ» 103, for Â¢ht! prl "fty C.Ity CounÂ¢1 w. f*,iey, 1 . e pq),rtÂ¥, SPA apploll , et,a*,9 *r,eel l,I 41 of lt.- wre *Ucm/0 hâ€¢' renums on Re G//ni,]p Palk 01101*9Mite -Illâ‚¬M 1-01 mcrp *n*,1481 0,1 Â©~t.d thu 44/*-, pt*,r,Ing :.4.1,1 :,1 970429,2780 . - I % Emily Zeck From: Larry Fite [Larry. Fite@co.pitkin.co.us] Sent: Tuesday, August 23, 2011 3:09 PM To: Emily Zeck Subject: mineral right owners Hi Emily, In regards to your request of a list of mineral right owners for the properties adjacent to your property in Rio Grande park, we do not have a separate listing for mineral rights owners in that area. I hope this is sufficient for your needs. Let me know if you need additional information or if you have any other questions. Cordially, Larry Fite Pitkin County Assessor's Office 970-920-5166 No virus found in this incoming message. Checked by AVG - www.avq.com Version: 8.5.449 / Virus Database: 271.1.1/3842 - Release Date: 08/23/11 06:34:00 1 THEATRE ASPEN TENT - WINTER 2012-2013 7 -. T * *11* 7/, m. * : 41 ../ / i.- I) 0.-,I , ' '4. \\ i - Y .f , m , 4, ?R IL G %4 ..4 1 7.... ..+ : i 1-1 . 9. / D ' CA 0 m K Â«> O - 01-1 EÂ» 2 1-- cn fID -Â· mz VIEW FROM BRIDGE ENTRANCE 7 6 ? .el I 5 ./ ./ i. 1161.agito VIEW FROM POND COMMUNITY RECEIVED - he, . ' t, ~ 0 f NORTH SIDE (BACK OF HOUSE) .1 1 ._1 L SOUTHWEST CORNER 4 4 AW i fligit'~Â¥ u: 1 I t., *it,&017:,râ€¢ . 6 I 4 A.AF--qi: . i. 4 ' c:â‚¬46*2'' #Flik, 0,1%.,4.:; ....." 15./ A :4.?-~66.1...4 1, -2 1. ~,f''I.~; r. 41,10,1 wq m rle râ€¢-' i - ,Â»:tir 04 01* ' # tr#7= . I <... /* 4 . .. .A B 6 4 . Ck ; 2, 4, Air - .1,4 . r . .1 If . .. h ,;'42*,%..4 I $ ./.1.7 1 10â‚¬ . p. .. .r .<4 ~~41!8** , L, a.r, lim .*Fl,; I ; 1,1.1.. 72 j ~ ' A .A- RECEIVED MAR 2 0 2013 IrrY DEVELOPMENT , Cl Y OVASPEN' &. 1 ---44:t Af,)2- ' .74 A f " 3 . 49 '0 4- ./ 5, + .. 44 2. . . f . Cy - -9'll %-r-*'. diliwilill- ---- I....1./.b)- -- I / - 'C, '! 4 1- : n ta.. 1 , ..1 9 ..... * 7 29,7 2- Aff 1 - 47-- p .PI . f . "24 7 1, a ':,V. ' . I F .,;0#f ~; %02. 1 , 2 6 â‚¬.I *2 ./ 4 + â‚¬a 0'4 6 . e + I ./. . .% A ... 3: 1- 4 4 - 11 - FOR COMPARISON: TA'S OFF-SEASON LOOK FROM 2011 THEATRE 6Â§!1%!30 Date: January 11,2013 Project: Theatre Aspen Representative: Emily Zeck, Managing Director Applicant: Theatre Aspen Land Use Request: SPA Amendment for tent structure throughout Theatre Aspen's off-season Description: In January 2012, City Council approved an amendment to the Theatre Aspen site in Rio Grande Park. That approval included a new lobby entry area, and the ability to leave the steel tent framing up year round. The approval Ordinance, Ord 38, Series of 2011, required that Theatre Aspen "return to City Council one year from the date of approval, or as soon thereafter as can be scheduled with City Council, to review the design of the tent framing with temporary walls." The applicant is seeking administrative approvals to leave partial walls on its tent structure when Theatre Aspen is not in production. This will help the tent to look similar to how it appears during the summer and more like a finished structure than it has in previous winters. Though the purchase of a snow-loaded roof is cost prohibitive, Theatre Aspen has purchased new walls specifically for this use. These walls are currently installed on the south and west sides of the tent, facing the Rio Grande Trail and field, where the maximum potential exposure would be in the off-season. < This is the existing condition of the site, and has been since September o f 2012. Following is an explanation of how the proposed development complies with the review standards relevant to the development application: Sec. 26.440.050 Review standards for development in a Specially planned Area (SPA) , A. General. In the review of a development application for a conceptual development plan and a final development plan, the Planning and Zoning Commission and City Council shall consider the following: 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Response: The new development is consistent with the existing ilse of the SPA. We feel that the addition of the temporary ofj-season wans combined with the tent frame and permanent lobby structure presents an appearance similar to that of our typical summer condition. The olf-season materials stored within the structures are now largely hiddenfrom view and as such mitigates the appectrance of an unfinished construction site, which were the concerns expressed by Council. 2. Whether sufficient public facilities and roads exist to service the proposed development. Response: Though new, improved public facilities are being proposed by the Parks Department, Theatre Aspen and its patrons have stÂ®cient roads andjacilities to contintte to operate as in the past. This application does not ajfect access tofacilities or roads. All proposed changes within this application are already approvedfor use in the summer. TheatreAspen.org 110 East Hallarn Street Suite 103 Aspen, Colorado 81611 T 970.925.9313 F 970.925.6813 E info@TheatreAspen.org THEATRE <8Â§Â£4NE? 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mudflow, rock falls, avalanche dangers and flood hazards. Response: Not relevant to this application. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users ofthe project and the public at large. Response: There is no negative impact to the environment or open spaces or other amenities; the new o.(r- season walls are a proposed improvement to the visual impact of Theatre Aspen on the surrounding area. 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. Response: The proposed development is in compliance with the Aspen Area Comprehensive Plan. 6. Whether the proposed development will require the expenditure o f excessive public funds to provide public facilities for the parcel or the surrounding neighborhood. Response. No; Theatre Aspen has already paid for all relevant expenses jor this proposal. 7. Whether proposed development on slopes in excess o f twenty percent (20%) meet the slope reduction and density requirements of Subsection 26.445.040.B.2. Response: Not relevant to this application. 8. Whether there are sufficient GMQS allotments for the proposed development. Response: Not relevant to this application. 1 Sec. 26.435.040 Stream margin review. A. General. The provisions of the stream margin review shall apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams and to all development within the Flood Hazard Area, also known as the 100- year flood plain. B. Exemptions. The Community Development Director may exempt the following types of development within the stream margin review area: 1. The expansion, remodeling or reconstruction of an existing development provided the following standards are met: a) The development does not add more than ten percent (10%) to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five percent (25%). All stream margin exemptions are cumulative. Once a development reaches these totals, a stream margin review by the Planning and Zoning Commission is required; and Response: Not relevant to this application. TheatreAspen.org 110 East Hallam Street Suite 103 Aspen, Colorado 81611 T 970,925.9313 F 970.925.6813 E info@TheatreAspen.org Â¥k THEATRE PEN30 b) The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. Response: Not relevant to this application. c) The development 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: Not relevant to this application. d) The development does not fall outside of an approved building envelope i f one has been designated through a prior review; and Response: Not relevant to this application. e) The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage o f structures within the 100-year tlood plan. Response: The new development does not increase the amount of ground coverage of structures within the 100-year jlood plan. TheatreAspen.org ( 110 East Hallam Street Suite 103 Aspen, Colorado 81611 T 970.925.9313 F 970.925.6813 E info@TheatreAspen.org RECEIVED FEB 2 7 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT THE CrrY OF ASPEN CrrY MANAGER'SOFFTCE To the City of Aspen Community Development Please accept this letter as verification that the City of Aspen is the landowner to Theatre Aspen's Hurst Theatre in Rio Grande Park. As such, the office ofthe City Manager hereby acknowledges and consents to all former approvals given to Theatre Aspen related to their new tent. In addition, we hereby consent to their current application to gain approval for the new tent's look for the winter season, consisting of walls that have been added to improve the site's appearance. Best regards, *llf J Stephen H. Barwick City Manager Aspen, Colorado 130SouniGALENASTREEr Â·ASPEN, COLoRADO81611-1975 Â· PHONE 970.920.5199 Â· FAX970.920.5119 â€¢ WEB www.aspenpitkin.com J, , '0 1 a. 4 Fee Waiver Request Form City of Aspen TUE CrrY op A5PEN Community Development Department This form should be completed and submitted to the Community Development Director for review. You will be notified when a decision has been made to waive or not to waive the fees regarded in this request form. For what fees are you requesting waiver? O BUILDING E PLANNING Applicant Name: THEATRE ASPEN Contact Ph.# 970-925-9313 Mailing address: 110 E HALLAM STE 103 / ASPEN CO 81611 E-mail address: EMILY@THEATREASPEN.ORG Project name & address: THEATRE ASPEN TENT - PREVIOUSLY 505 RIO GRANDE, NOW: 470 RIO GRANDE PLACE / ASPEN CO 81611 Fee Breakdown: BUILDING & PLANNING FEES -'F Original Fee Requested Original Fee Requested Fee Description Fee Description Amount Waiver Amount Waiver Energy Code Fee REMP Fee Excavation Foundation Fee Zoning Review Fee Inspection Fee Planning Application Fee Permit Fee HPC Application Fee Plan Check Other: PARKS/COMMDEV $2,275 $2,275 TOTAL OF FEE WAIVER REQUESTS $2 ,275 Reason for Waiver: Il General Fund Department Â£ Waived or decreased by City Council (specify ordinance or other decision document) Â® Other-Please explain: Theatre Aspen understood that in essence, our requested appearance in front of Council in 2013 was an extension of our previous applications, for which we have already paid applicable fees. At the least we'd like to ask to be billed only used time, without a required deposit. Emily Zeck / ' Awn emallaernilyÂ¢Mheatreaspen.org. c=US Olgitally signed by Emily Zeck Dlt cn-Emity Zedc o=Theatre Aspen, ou=Theatre Date: 2012.12.05 1&54:10-070a 12/5/12 Applicant Signature Date For office use only: Type of fees waived: Total fees waived: $ O APPROVED Â£ DISAPPROVED Community Development Director Date 1.-t -' ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Narne: Theatre Aspen- Tent offseason temporary wall review Location: 470 Rio Grande Place- (formerly 505 Rio Grande Park) (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) # 2737037306851 APPLICANT: Name: Theatre Aspen , Emily Zeck, Managing Director Address: 110 East Hallam St. Ste. 103, Aspen CO 81611 Phone #: 970-925-9313 REPRESENTATIVE: Name: See above Address: Phone #: TYPE OF APPLICAT]ON: (please check all that apply): U GMQS Exemption E Conceptual PUD D Temporary Use O GMQS Allotment O Final PUD (& PUD Amendment) Â¤ Text/Map Amendment El Special Review Â£ Subdivision Il Conceptual SPA O ESA-8040 Greenline, Stream O Subdivision Exemption (includes Â® Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane E Commercial Design Review D Lot Split U Small Lodge Conversion/ Expansion E Residential Design Variance O Lot Line Adjustment U Other: D Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Seasonal Theatre Tent with permanent lobby structure, see pre-application summary PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Permanent lobby structure is now complete, temporary white screen walls have been placed to screen stage and seating area which need to remain in place. Have you attached the following? FEES DUE: $ E Pre-Application Conference Summary Â® Attachment #1, Signed Fee Agreement E Response to Attachment #3, Dimensional Requirements Form Â® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards E 3-D Model for large project Al! plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Theatre Aspen Applicant: Theatre Aspen, Emily Zeck, Managing Director Location: 470 Rio Grande Place- ( formerly 505 Rio Grande Park) Zone District: PUB SPA Lot Size: Portion of Lot 1 Rio Grande Subdivision Lot Area: Portion of Lot 1 Rio Grande Subdivision ( for the purposes o f calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: NA Proposed: NA Number ofresidential units: Existing: NA Proposed: NA Number of bedrooms: Existing: NA Proposed: NA Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: 6 785 Allowable: Proposed: NA Principal bldg. height: Existing: 18 '-5" Allowable: Proposed: NA Access. bldg. height: Existing.Â· 9'-8" Allowable: Proposed: NA On-Site parking: Existing: NA Required: Proposed: NA % Site coverage: Existing.Â· NA Required: Proposed: NA % Open Space: Existing: NA Required: Proposed: NA Front Setback: Existing: NA Required: Proposed: NA Rear Setback: Existing: NA Required: Proposed: NA Combined F/R: Existing: NA Required: Proposed: NA Side Setback: Existing: NA Required: Proposed: NA NA Side Setback: Existing: Required: Proposed: NA Combined Sides: Existing: NA Required: Proposed: NA NA Distance Between Existing Required: Proposed: NA Buildings Existing non-conformities or encroachments: NA Variations requested: Proposed tent screen walls 1 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 429-2780 DATE: 10.9.2012 PROJECT: Theatre Aspen Updated 1.11.2013 APPLICANT: Emily Zeck, Theatre Aspen LAND USE REQUEST: SPA Amendment for winter tent framing screening DESCRIPTION: In January 2012, City Council approved an amendment to the Theatre Aspen site in Rio Grande Park. That approval included a new lobby entry area, and the ability to leave the steel tent framing up year round. The approval Ordinance, Ord 38, Series of 2011, required that Theatre Aspen "retum to City Council one year from the date of approval, or as soon thereafter as can be scheduled with City Council, to review the design of the tent framing with temporary walls." This requires a minor SPA review by City Council. City Council may approve changes, or approve the current condition to continue. The applicant should include photographs of the tent framing in the winter, as well as information related to any changes to the tent framing or temporary screening walls. In addition, a signed letter from the properly owner (City Manager) consenting to the application, as well as previous approvals is required. Application: http://www.aspenoitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/landuseappform. Rdf Code: http://www.aspenpitkin.com/Departments/Community-DevelopmenUPIanninq-and-Zoning/Title-26- Land-Use-Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.440.050 Minor SPA Amendment Review by: - Staff for complete application - Referral agencies for technical considerations - Council for final approval Public Notice: Yes, at Council Planning Fees: $1,300 Deposit for 4 hours of staff time (additional planning hours over deposit amount are billed at a rate of $325/hour). $975 Parks Fee, Total Deposit: $2,275 To apply, submit the following information: 1. Total deposit for review of the application. - See Fee Waiver Request 2. Proof of ownership. A signed letter from the City authorizing the application. 3. Completed Land Use Application Form. ..#4. ' 4. A signed fee agreement. - See Fee Waiver Request 5. A Pre-Application Conference Summary. (this document) 6. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 8. An 81/2"by 11"vicinity map locating the parcel within the City of Aspen. 9. Existing and proposed site plan 10. A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. 11. A copy of the approval Ordinance and the SPA Plan. 12. A copy of the final lease 13. A written description of the requested SPA Amendment and an explanation of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. 14. liCopies of the complete application packet. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. THEATRE 23*.- aÂ«y- PEN30 January 12, 2013 City of Aspen Community Development 130 S. Galena St Aspen, CO 81611 Re: Representative Authorization To Whom it May Concern: I am both the applicant and the authorized representative for Theatre Aspen with respect to the application being submitted to your o ffice for the property located in a portion of Lot 1 Rio Grande Subdivision, owned by the City of Aspen Emily Zeck Managing Director Theatre Aspen 110 E. Hallam St. Suite 103 Aspen, CO 81611 (970)925-9313 x5 TheatreAspen.org 110 East Hallam Street Suite 103 Aspen, Colorado 81611 T 970.925.9313 F 970.925.6813 E info@TheatreAspenorg ~L.{i~- ~tl~;t~orn ~:0~d62~~rz2 ~:~27*il~3 ~1~ ~ +A;14;'~ M i Â· . swi *momr im S Els 171973 WARRANTY DEED THIS DEEP, MADE AND ENTERED INTO this - 1~ day of ~t#*JÂ« 1973, by and between JAMES R. TRUDIAN, individually, of the firat part,t,a~d> THE CITY OF ASPEN, COM)RADO, a munialpal corporatio,~ is,y 'Â·1 of the second patti ... 11 YN ESSETHÂ·: 0 . i THAT the said party of the first part, for and in considera- tion of the sum of TEN AND 00/100's DOLLARS ($10.00), and other good and valuable consideration, to the Bald party of the first p.art in - hand paid by the said party of the second part, the re- ceipt whereof is' hereby confessed and acknowledged, has granted, bargained, Hold and -conveyed, and by theae presents Â·does grant, bargain, sell, convey and confirm * unto the said party of the second part, its heirs and assigns forever, all the following described lots or parcels of land, situate, lying and being in the County of- Pit}lin. and State -of Colorado, to-wit: 4 TRACT OF LANDÂ·SITUATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST-OF THE 6th PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A- POINT AT THEÂ· EAST SIDE OF MILL STREET WHENCE THE WEST ONE-QUARTER CORNER OF SAID SECTION 7 BEARS N 38Â°06'14" W 1542.42 FEET; THENCE 3 56Â°06'43" E 120.33 FEET, THENCE N 33'53'35" E 78.32 Â·FEET; THENCE S 75Â°51'14" 3 67.25 FEET; THENCE N 84Â°34'25" R 121.34 FEET, THENCE S 00Â°17'28" W 130.87 FEET; THENCE S 89*28'55" E 184.09 FEET, THENCE 3 00Â°58'09" W 109Â£72 FEET; THENCE N 16'34'56" E 9.37 FEET; THENCE 8 74Â°37'51" 2 1-41.49 FEET; *HENCE 8 09026'26" 8 412.35 FEET, THENCE S' 43Â°10'38" E ?9.04 FEET; THENCE 233.41 FEET ALONG THE ARC OF A CURVE. TO THE LEFT HAVING A RADIUS' 02 309'.26 FEET''ANDÂ· A CHORD WHICH BEARS S 64Â°56'02" 2 227,91 FEET; THENCE. 3 03Â°22'00" W 100.98 FEET, THENCE 309.38 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 409.34 FEET AND A CHORD WHICH BEARS C N 64*54'19" W 302.07 FEET; . THENCE N 44*54'27" W 66.04 FEET; THFNCE N 75012'56" W 15.86 FEET; THENCE'N 75'11'28" W.25.48 FEET, THENCE N 16'49'23" 8 83.76 FEET, J r, . 21 0 0 ~279 FA6E746 THENCE N 73Â°19'31~ W 271.88 FEET, THRICE S 16037'11" W 90.78 FBET, THENCE N 57'36'26" W 10.54 FEET,- THENCE S 84'21'32" W 164.64 FEETit TRENCH N 87Â°31'46" W 88.97 FEET; THBNCE S 14'26'08Â» W 75.82 FEET; THENCE N 43Â°12'17" W 408.87 FBET) THENCE N 19Â°50'59' 2 495.73-FEET TO THE POINT OF BEGINNING, CONTAINING 11.496 ACRES MORE OR LESS. TOGETHER with all and singular the hereditaments and appur- tenances thereto belonging, or. in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits therieof, and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained pre- mises, with the hereditaments and appurtenances. TO HAVE. AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second pact, for its heirs and.Ussigns forever. And the said party of the first part,.for himself, his heirs,Â· executors, and administrators, does covenant, grant, bargain and agree to and with the said party of the second part, its heirs and assigns, : that at the time of the ensealing and delivery of these presents, he-is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefdasible eatate of inhdritance, in law, in fee simple, and has. good right, full power and lawful t authority to grant,.bargain, sell and convey the same in manner and form as aforesaid, .and that the same are free and clear from all former and other grants, bargains, sales, .liens, taxes, as- sessments and encumbrances of whatever kind or nature soever; except easements to Klaus F. Obermeyer for sewer purposes, and to Aspen One Company for access purposes; all easements and right's of way, rights of ore extraction-and rights of way for ditches-as reserved in United States Patents of Record and canals as reserved . in United States Patents of Record, licengee, existing roads, highways, ditchea, pipelines, encroachments of fences, fencelines, -2- : . 1 . . . .) C- -<.1 r.h I I. 8ooK279 PAGE 747 buildings, any tax assessments, feles, Â·charges by reason of the inclusion of the subject proporty in the Aspen Metropolitan Sani- tation District and Aspen Fire Protection District prorated to date of closing, general taxes, insurance, etc. prorated to date of closing, And the above bargained premises in the quiet and peaaeable .possession of the said party of the second part, its heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the gaid party of the first part shall and will WARRANT AND FOREVER DEFEND. The singu- lar number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. ; . (IL Q. i- //JAMES R. TRUEMAN L'' Party of the First Part STATE OF COLORADO ) ) 89. COUNTY OF PITKIN ) ,.~pi,td'?t,9Â¢kring instrument was acknowledged before me this 13'h xtril,ffliggi'frog~ZIBEK#*44*/Â£ 14.. , 1973, by JAMES R. TRUEMAN. 81% 4.WUKEÂ¥*~n expires ; 141 os, \914 Â· .OW<72&6wito,624%: and and official seal. Notary Public -3- tâ‚¬ 6 1 -\ ,/BKI.- U.: - EB . ** 414, tif:kâ€¢Â· . 1 -4 - T- 4 .... P 03/i 4 . ... , gu 22 e fle 1.-[.f,0,3 4,9, t 1.- .'.... l.3.., 9- , . .f TA 1. 7- 4,4- . A,i *Â· ./ . I : 4..,4 - 10 -1/9. :fite' ./III'- . .9% 4,Â·' : 9 , ws " ...4 7. '3 . 4, 2 det , 4 â€ž fb .3- 1.2 . 7 2 it,1 - j .~ - jf:y Â»4 -* 6 . v -7 48/b 181. 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R . ,-r. 11 + \94 9. %-\ \ ..:Â».-* 1 q*- 9 ~ .tâ€¢W. 7 /7.1 - \67 #mit - ' r '1 , p V m 10â€¢H 4 1 49 Ill/ lk.*+11 .7 Â· .33Â· / C* â€¢ 441 I U,Dr <as:*1111 t! -- ( // 4.41 1 91.-.1 1/.U m. â€ž30 & -- - - - 7 |~~ A SITE PLAN + 9.7 12 4 2/ ' 1 j -- \ Al# L 1//2 MA . I , .-. ..- , N" ..lu046 '11 Z==2 1 3:MINNnO S31BVHO RECEPTION#: 586032,01/20/2012 at 09:39:04 AM, 1 OF 8, R $46.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO. 38, (SERIES OF 2011) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A SPECIALLY PLANNED AREA (SPA) AMENDMENT, AND AN ESSENTIAL PUBLIC FACILITY GROWTH MANAGEMENT REVIEW, FOR THEATRE ASPEN TO CONSTRUCT A PERMANENT LOBBY STRUCTURE AND TO ALLOW THEATRE ASPEN TO MAINTAIN THEIR TENT FRAME, STAGE, AND SEATING ON-SITE DURING THE WINTER AT RIO GRANDE PARK, 505 RIO GRANDE PLACE, CITY OF ASPEN, COLORADO, LEGALLY DESCRIBED AS: LOT 1 OF THE 1210 GRANDE SUBDIVISION. Parcel ID 2737-073-06-851 WHEREAS, the Community Development Department received an application from Theatre Aspen, represented by Charles Cunniffe Architects, requesting approval of a Specially Planned Area (SPA) amendment, and an Essential Public Facility Growth Management Review, to construct a permanent lobby structure and to permit the theatre tent framing, stage, and seating to remain on-site year round; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for a Specially Planned Area (SPA) Amendment, and Essential Public Facility Growth Lodge Management Review; and WHEREAS, the property is located in the Rio Grande Park and is zoned Public (PUB) with an SPA Overlay; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposalf to better comply with the requirements of a Specially Planned Area (SPA); and, WHEREAS, during a duly noticed public hearing on November 1, 2011, Planning and Zoning Commission approved Resolution No. 20, Series of 2011, by a four to zero (4 - 0) vote, recommending city Council approve an amendment to the Rio Grande SPA and an Essential Pubic Facilities Growth Management Review for 1lleatre Aspen; and, WHEREAS, pursuant to Section 26.440, the City Council may approve a SPA Amendment, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.470, the City Council may approve an Essential Public Facility Growth Management Review, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly Ordinance 38, Series 201 1 Page l of 5 noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, during a duly noticed public hearing on January 9, 2012, the City Council approved Ordinance No. 38, Series of 2010, by a four to one (4 - t) vote, approving an SPA amendment and an Essential Public Facility Growth Management Review; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: ApproÂ¥als Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends City Council approval of a Specially Planned Area (SPA) amendment to the Rio Grande SPA, and an Essential Public Facility Growth Management Review. Section 2: Design The permanent lobby structure shall comply with the plan shown atthe November 101 2011 P&Z meeting, and attached as Exhibit A. Theatre Aspen's commemorative brick shall be re- incorporated into the permanent lobby and/or associated patio. The tent framing shall be covered with a roof, as weather allows, from April to October of each calendar year. From October to April of each calendar year, the tent framing shall not be covered with a roof. Temporary sides shall be installed to shield the stage and seating from view. The stage and seating shall be under protective cover and located on the existing concrete pad. This is attached as Exhibit B. Theatre Aspen shall return to City Council one year from the date of approval, or as soon thereafter as can be scheduled with City Council, to review the design of the tent framing with temporary walls. City Council shall have the ability to amend the SPA approval as necessary to ensure the visual impacts of the tent framing are sufficiently minimized from October to April. Ordinance 38, Series 2011 Page 2 of 5 f , 1- Theatre Aspen shall provide a security check of the site at least three times per week to ensure the site remains safe and secure. Section 3: Signage A revised signage plan reflecting changes discussed with staff and the Planning and Zoning Commission shall be submitted to staff prior to City Council review. This shall include replacing a proposed marquee sign with a less imposing sign on a low-lying rock, as outlined in the P&Z meeting on November 1,2011 and the staff memo for said meeting. Section 4: TemDorarÂ¥ Fencing The temporary fencing shown in Exhibit C shall be temporary, and shall only be erected during the theatre season when theatre performances are conducted and when required by the Actors' Equity Association Small Professional Theatre Rutebook Sec. 48.A.2-4. The tencing shall be constructed in a manner that does not prevent or limit the use of the trash enclosure for trash storage. Section 5: Essential Public Facility Growth Management Review - Affordable Housing Mitigation Theatre Aspen shall conduct an employee audit one year after final City Council approval for the permanent lobby structure. Volunteer hours shall not be included in the audit. Any additional employees that are not a result of the Rio Grande improvements shall be indicated in the report. However, only those employees that are a result of the improvements shall be subject to future f- mitigation. The Housing Authority shall request the audit from Theatre Aspen. Failure to request the audit shall not render any of the approvals invalid. Theatre Aspen shall provide the Housing Authority and the Community Development Department with the audit report. The Houing Authority and Community Development shall forward the audit to the Housing Board, P&Z fuld/or City Council for review, as applicable. Section 6: Parks Theatre Aspen shall coordinate all improvements with the Parks Department to ensure they comply with the Parks Department' s Master Plan for Rio Grande Park. Theatre Aspen shall comply with Parks Department regulations related to the prohibition of pesticide and herbici(le Use. The applicant shall ensure the site is clean and secure at all times. The applicant shall work with the Parks Department to ensure compliance during the fall and winter months when the tent is taken down each year. Section 7: Environmental Health Theatre Aspen shall undertake a noise monitoring program for its productions to ensure compliance with the City's noise ordinance, as amended from time to time. The current noise limits are 55 dBA from 7am - 9pm, and 50 from 9pm - 7am. The noise monitoring program shall verify compliance with the noise ordinance, by Theatre Aspen staff, before opening night of each production. It shall also include continued monitoring throughout the summer theatre season given background noise levels may vary. Noise level readings shall be taken at multiple locations along the property line of Ordinance 38. Series 2011 Page301-5 the Rio Grande Park. The noise monitoring program shall be filed with the City of Aspen Environmental Health Department, who may require it to be updated as needed. Concessions at the tent historically have only been pre-packaged, non-potentially hazardous foods, and beverages without ice, due to the fact that Theatre Aspen does not hold a food service license nor have pennanent plumbing. For special events serving food held at Theatre Aspen a temporary food permit must be submitted for approval to the Aspen Environmental Health Department prior to the event to ensure the protection of public health. Section 8: Enzineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. A construction management plan should be submitted as part of building permit. Section 9: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. No lighting shall be permitted in the stream margin area (fifteen (15) foot setback area from top of slope) or in any area below the top of slope line (toward the river) unless it is in the exact location of the existing lighting and requires no additional disturbance to the stream margin area. Section 10: Theatre Aspen Lease Within 180 days of City Council approval, Theatre Aspen shall re-execute their long-term lease ... on the Rio Grande Park to reflect this approval. Section 11: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 12: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 13: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof Ordinance 38, Series 2011 Page 4 of 5 f. , C j The City Clerk is directed, upon the adoption ofthis ordinance, to record a copy ofthis ordinance in the office ofthe Pitkin County Clerk and Recorder. Section 14: A public hearing on this ordinance shall be held on the gth day of January, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum offifteen days prior to which hearing a public notice ofthe same shall be published in a newspaper ofgeneral circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by Iaw, by the City Council ofthe City ofAspen onthe 12th dayofDecember, 2011. Attest: k.q,O.44, 171 â‚¬L404- Kathryn S~Â£och, City Clerk Michael C. Ireland, May&r FINALLY, adopted, passed and approved thi20 day of, UL#*2012. Attest: M f~&4 KathrylÂ¥ Koch, City Clerk Michael C. Ireland, Mayor f Approved as to form: city-,morney EXHIBITS: Exhibit A: Plans for the permanent lobby structure Exhibit B: Rendering of tent framing and screening Exhibit C: site plan indicating location of proposed actor's privacy fence. Ordinance 38, Series 2011 Page 5 of 5 LEASE AGREEMENT BETWEEN'rHE CITY OF ASPEN AND THEATRE ASPEN TH IS 1.EASE AGREEMENT entered into at Aspen. Colorado. this 31 day of 291 nt Â¥1Â£xj , 2011 by and between the CITY OF ASPEN. COLORADO. a municipal corporation und home-rule city ("hereinafter "City"). and THEATRE ASPEN a Colorado non-profit corporation (hereinafter "TenanC). WITNESS ET H: WHISREAS, the City is the owner of the Rio Grande Park iii Aspen, Colorado and desires to lease to Tenant certain space within the Rio Grande Park. as further described herein: lind Wl [EREAS, Tenant desires to lease that cerlain space within the Rio Grande Park for the purposes set forth below and upon the terms and conditions set forth herein: and WIKEREAS, the City of Aspen City Council on January 9. 2012 approved Ordinance 38, Series 2011. approving an aniendment to tile Rio Grande SPA Final Development Plan und a Growth Management Exemption as an Essential Public Facility to allow for the construction of a permanent lohhy structure. and allowing the tent framing with temporary walls to remain erected fur a one-year test period: and WHI{REAS, Ordinance 38, Series 2011, required that Theatre Aspen's lease of the property lie re-executed and updated within 180 days ofthe approval: and WHEREAS. the parties hereto understand that this Lease Agreement is specifically conditioned upon Ilie Aspen City Council granting the requisite land use approvals fur tile proposed uses within the Rio Grande Park. NOW, THEREFORE, in consideration of the mutual terms. covenants and conditions contained herein, the parties agree as follows: 1. fer,11. The initial term of this Lease Agreement shall be for a period of ten ( 10) years and nine (9) months. effective January 1,2011. and terminating at the conclusion of Tenant's 2021 season on October L 2021. An additional term often (10) years (terminating on October 1. 2031) shall automatically be added to the initial term provided that Tenant provides the City with written notice at least 6 nionths prior to the end ot- the initial tenn that it intends to renew the term of this Lease Agreeinent tor an additional ten years. The parties hereto agree to discuss the continuation of the Lease Agreement no less than six (6) months hefure its terinination. Negotiations for the continuation of this Lease Agreement shall be subject to review by tile City. and shall proceed upon good faith by both parties. Page I 2. Premisel. The Premises subject to this Lease Agreement shall be the area outlined within the Rio Grande park as shown on Exhibit 1 appended hereto and by this reference made a part hereof as if fully set forth here. 3. Use. The Premises may be used by Tenant solely for the purpose of placing a tent in substantially the area shown on Exhibit 1. and constructing or placing a ticketing and concessionaire's structure to remain on the Premises during the duration of this Lease Agreement. Tenant may use the Premises for the presentation of theatrical productions and related operations. Tenant may occasionally rent out tile Premises to third parties who may use the Premises for similar purposes. The uses permitted on the Leased Premises shall comply in all respects with any and al! conditions required by the City in any approvals that may be granted to the Tenant by the Aspen City Council pursuant to the Aspen Municipal Code. Prompt clean-up of the Premises after each summer season shall be conducted by Tenant. Materials kept within thc Premises should be contained to the tent and structure layout as shown on Exhibit 1 under protective cover and within existing enclosed structures on property which total approximately 250 sq ft. Any improvements or replacements planned to these existing structures should not cause total enclosed sq footage to exceed 500 sq A total or maximum height for any cncloscd structure to exceed 15 A. Any unenclosed structures that remain onsite of the Premises year-round. including but not limited to framework for theatre's lobby structure, shall bc subject to tlic prior approval of the City Council by the review of a Specially Planned Area amendment process or the Community Development through administrative review, as applicable. Tenant shall not use the Premises for any other purposes without the City's written consent. Tenant's use and occupancy of the above-described Premises shall comply with the rules, regulations and ordinances of any governmental authority having jurisdiction over the Premises or the activities performed thereon. Additionally, Tenant shall not use the Premises in any manner that will create an increase in the rate of insurance or a cancellation of any insurance policy, even if such use may be in furtherance of Tenant's operations. In the event that Tenant proposes to use the Premises in a manner that would increase the City's imurance premiums, the City and Tenant agree to discuss such plans to determine if there is a way to minimize the costs to the City and still permit the proposed activity to take place. Tenant shall not keep, use or sell anything prohibi[ed by any policy of fire insurance covering the Premises. Tenant shall return to City Council one year from the date of approval in Ordinance 38. Series 2011 (January 9. 2013). or as soon thereafter as can be scheduled with City Council. to review the design of the tent framing with temporary walls. City Council shall have the ability to amend the SPA approval as necessary to ensure the visual impacts of the tent framing are sufficiently minimized. including an order to remove the structure if deemed by City Council as the appropriate solution. Tenant shall undertake a noise monitoring program for its productions to ensure compliance with the City's noise ordinance. as amended from time to time. The noise monitoring program shall Page 2 verify compliance with the noise ordinance, by Tenant. before opening night of each production. It shall also include continued monitoring throughout the summer theatre season given background noise levels may vary. Noise level readings shall be taken at multiple locations along the property line of the Rio Grande Park. The noise monitoring program shall be filed with the City of Aspen Environmental Health Department, who may require it to be updated as needed. 4. Time of Occunancy. Acceptance. Surrender of Premises and Abandonment. Tenant shall be entitled to use and occupy the Premises during all times as set forth in the land use approvals granted by the City. At all other times Tenant may use the Premises only with the prior approval of the City. If the Tenant abandons the Premises for a period of more than 30 days (excepting the off-season) then this Lease Agreement shall automatically terminate and shall be considered a breach by Tenant. Tenant shall be responsible for landscape restoration of the Premises to a park condition of turf grass sod. 5. Rent. Tenant agrees to pay a total of $10.00 per year to the City as rent for the Premises, payable on the first day of each calendar year. 6. Access to Premises. City shall be entitled to enter upon the Premises at all reasonable hours for the purpose of inspecting the same, preventing waste or loss, or enforcing any of City's rights hereunder. Vehicular access to the Premises shall be restricted. Except for sanitation service vehicles and trash removal vehicles intended to service the Premises, vehicular access to the tent site shall be restricted to deliveries of theatre property or tools weighing over 50 pounds. All deliveries must be accompanied by a person on foot in front of the vehicle to warn pedestrians and park users for safety reasons. 7. Maintenance and Repairs. Tenant, at its sole expense, shall keep the Premises in a good, clean and safe condition. Tenant shall be responsible for all maintenance inside the Premises as shown on Exhibit 1, including pathways, entrance landscaping, structures and infrastructure. This list may not be inclusive. Tenant shall not be responsible for snow removal inside the Premises unless required for access to theatre property. The City shall be responsible for irrigation maintenance on the Premises and adjacent park area and be responsible for grounds maintenance in the park area outside of the Premises. including pathways and any lighting outside of the Premises. Tenant shall be responsible for any electrical infrastructure and lighting inside the Premises. 8. Utilities and Security System. Tenant shall be responsible for all utilities used on the Premises. Theatre Aspen shall provide a security check of the site either in person or via a remote monitoring system at least three times per week to ensure the site remains safe and secure. 9. Personal Property. All personal property and trade fixtures placed on the Premises shall be at Tenant's sole risk and City shall not be liable for damage to or loss of such personal property or trade fixtures arising from the acts or neglect of Tenant, its agents or employees. Any personal property or trade fixtures of Tenant or anyone claiming under Tenang, which shall remain on the Premises after the date upon which the Premises shall be Page 3 surrendered shall be deemed to have been abandoned and may be retained by City as its property or disposed of by City in such a manner as City sees fit. 10. Taxes. In the event any taxes are levied and assessed upon the Premises or upon the improvements, fixtures or personal property of the Tenant during the term of Tenant's occupancy of the Premises or arising therefrom, or upon the leasehold or possessory interests as created through this lease. Tenant shall be solely responsible to satisfy and pay all such taxes in a timely fashion. Tenant shall not allow any liens for taxes or assessments to exist with respect to the Premises. except that Tenant may permit such taxes or assessment to remain unpaid while pursuing any good faith contest or appeal of sa me. 11. Indemnification. Unless caused by the negligence of the City, Tenant agrees to indemnify and hold harmless the City, its officers and employees. from and against all liability, claims, and demands, on account of injury. loss, or damage, including, without limitation. claims arising from bodily injury. personal injury, sickness, disease, death, property loss or damage, or any other similar loss, which arise out of or are in any manner connected with Tenant's occupancy of the Premises pursuant to this Agreement, if such injury, loss, or damage is caused in whole or in part by, the omission, error. or negligence of the Tenant, any subcontractor of the Tenant, or which arises out of any workmen's compensation claim of any employee of the Tenant or of any employee of any subcontractor of the Tenant. 12. Public Liabilitv insurance. Tenant agrees to furnish City with certificate(s) of insurance as proof that it has secured and paid for a policy of public liability insurance covering all standard risks related to the leasing, use, or occupancy, of the Premises. The insurance shall be procured from a company authorized to do business in the State of Colorado and be satisfactory to City. The amount of this insurance, 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. 24-10-101 eucq.. as amended. At present, such amounts shall be as follows: S150.000.00 for any injury to one person in any single occurrence; $600,000.00 for any injury to two or more persons in any single occurrence. In no event shall such insurance amounts fati below those maximum liability limits as set forth at C.R.S. 24-10-114. as amended. 13. Premises Insurance. During the full term of this Agreement, Tenant, at its sole cost and expense, and at Tenant's discretion, may also cause all of the furniture, fixtures, and equipment in the premises to be kept insured, without co-insurance clauses, to the full insurable value against the perils of wind, storm, hail, lightning, explosion, fire and like perils. "Full insurance value" means the cost, as of the date of loss, for replacement of the damaged or destroyed property in a new condition with materials of like size. kind and quality. The insurance shall stand as primary insurance for the furniture, fixtures, and equipment in the Premises to be procured from a company authorized to do business in the Page 4 State of Colorado and be satisfactory to the City. All policies as required herein shall contain a waiver of subrogation by the insurer against City. 14. Termination Due to Fire or Similar Catastrophe. If, absent negligence or fault on the part of Tenant, the Premises shall bc damaged by fire or other catastrophe so as to render said Premises wholly untenantable. and if such damage is so great that a competent licensed architect in good standing in Pitkin County, Colorado. as selected by the City within fourteen (14) days from the date of loss, shall certify in writing to the City and Tenant that the Premises, with reasonable diligence, cannot be made fit for occupancy within ninety (90) days from the happening of the occurrence of the damage. then Tenant shall have thirty (30) days from date of official notification of this decision to decide whether to maintain this Lease Agreement and be solely responsible for restoring the Premises to working condition or whether to terminate this Lease Agreement and vacate the Premises. Such a termination of the Lease Agreement shall not forgive Tenant's obligation to restore the landscape of the Premises to a park condition of turf grass sod as outlined in Section 3. If, however, the damage is not such as to prevent reoccupation and use of the Premises within ninety (90) days, then repairs thereto shall be undertaken by Tenant with all reasonable speed to restore the Premises to its former condition and the Lease Agreement shall remain in effect. All insurance proceeds resulting from Tenant's insurance policies and coverage shall remain property of Tenant, regardless of official decision regarding the condition of Premises or Tenant's decision whether to terminate Agreement and restore the Premises. 15. City to be Named a Co-Insured or Additional Insurance. Tenant shall name City as co-insured or additional 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 City thirty (30) days in advance of the effective date. 16. Repairs and Alterations bv Tenant. Tenant, pursuant to any land use approvals received from the city, or upon City's written consent, may, at its own expense, make reasonable and necessary alterations or improvements to the Premises. All alterations, additions and improvements shall be performed in a workmanlike manner, in accordance with all applicable building and safety codes, and shall not weaken or impair the structural strength or lessen the value of the Premises. All alterations, additions and improvements made in or to the Premises shall be the property of Tenant and remain the property of Tenant upon termination of this Lease Agreement. Tenant agrees that prior to any construction or installation of alternations, additions or improvements, Tenant shall post on the Premises in a conspicuous place a notice of non-liability for mechanic's lien as specified at C.R.S. Section 38-22-105 on behalf of the City and shall notify City of such posting and the exact location of same. Perfection of a mechanic's lien against the Premises as a result of Tenant's acts or omissions may be treated as a material breach of this Lease Agreement. 17. Repairs and Alterations by City. City reserves the right, from time to time, at its own expense and by its officials, employees and contractors, to make such alterations, maintenance activities, renovations or repairs in and about the Rio Grande Park, other than those noted above as required by Tenant, as City deems necessary or desirable and Tenant Page 5 covenants to make no claim against City for any interference with its interest as herein provided in the Premises. Any such activity within the Premises may only take place upon Tenant's consent. City shall provide reasonable notice to Tenant in advance of any intent to undertake any work in the Rio Grande Park as authorized in this paragraph and all work shall be performed at such times as may be mutually agreed to between the parties so as to eliminate or minimize any disruption of Tenant's business. The City shall. however, have the final decision making authority as to what time is reasonable under the circumstances. 18. Condemnation. If during the term of this Lease Agreement, or any renewal of it, the whole or part of the Premises, or such portion as will make the Premises unusable for the purpose leased, or the teasehold interest, be condemned by public authority, including City, for public use, then this Agreement shall cease as of the date of the vesting of title in the Premises in such condemning authority, or when possession is given to such authority, whichever event occurs first. Tenant shall not be entitled to any part of any condemnation award for the value of the unexpired term of this Agreement or for any other estate or interest in the Premises, such amount belonging entirely to City. 19. Assignment of Agreement. Tenant shall not assign, pledge, sublease or otherwise dispose of or encumber this lease. or the leased Premises, without the prior written consent of the City, except as allowed in section 3 above. Such consent shall not be unreasonably withheld. Tenant shall. likewise, not permit any third party to occupy or use the Premises absent the prior written consent of the City except as allowed in Section 3. 20. Signs. Tenant shall not place any signs upon the Premises or upon the Rio Grande Park except of such design and construction as may be permitted by City. It is understood by the parties that placement of an identification sign or signs is important and necessary to Tenant's business. Accordingly, the City hereby consents to allowing Tenant to place banners of Tenant's choosing within the Premises as shown on Exhibit 1 provided they comply with the City's sign code. Additional banners or signs outside of the Premises within Rio Grande Park may only be placed with the approval of Parks staff. Any sign permitted by City shall at all times comply with applicable ordinanccs, rules and regulations. 21. Breach bv Tenant Defined. If Tenant shall fail to timely comply with any of the terms or conditions of this Agreement, any term or condition of the land use approvals granted by the Cily, or any notice given under it, or shall become insolvent, or shall have or attempt to make an assignment for the benefit of creditors, or if any of its property be attached and such attachment is not promptly released, or if an execution be issued against it, or, if a petition be filed by or against it, to have it adjudicated a bankrupt, or if a trustee or receiver shall be created or appointed to take charge of its assets, or if it shall abandon the Premises for a period of more than thirty (30) days (not including seasonal closures) then at any time afterwards City may treat such act or omission as a breach of this Lease Agreement and, at its option. enter into the Premises and remove all persons and take and retain possession thereof either with or without process of law. Page 6 22. City'3 Remedv for Breach. Any breach. default or failure by Tenant to perform any of the duties or obligations assumed by Tenant under this Lease Agreement shall be cause for termination of the Lease Agreement by City in the manner set forth in this paragraph. City shall deliver to Tenant thirty (30) days' prior written notice of its intention to terminate this Lease Agreement, including in the notice a reasonable description of the breach, default or failure. If within that thirty (30) days Tenant shall fail or refuse to cure, adjust or correct the breach, default or failure to the reasonable satisfaction of City, the City shall have the right to declare this Lease Agreement terminated and all rights, powers and privileges of Tenant as provided through the Lease Agreement shall cease. and Tenant shall immediately vacate the entire Premises and shall make no claim of any kind against City by reason of the termination. The thirty (30) days' prior written notice shall he conclusively determined to have been delivered to Tenant by the hand delivery of same upon the Tenant's primary address set forth herein, or at the time it is deposited in the U.S. Mail. certified. postage prepaid, addressed to the address set forth herein. 23. Non-Waiver of Rights. Any failure by City to so terminate this Lease Agreement as herein provided after the breach. default or failure by Tenant to adhere to the terms of the Lease Agreement shall not be deemed or construed to be a waiver or continuing waiver by City of any rights to terminate the Lease Agreement for any present or subsequent breach. default or failure. 24. Non-Discrimination. Tenant agrees to comply with all laws. ordinances, rules and regulations that may pertain or apply to the Premises and its use. In performing under the Lease Agreement, Tenant 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, affectionat or sexual orientation, family responsibility or political affiliation. nor otherwise commit an unfair employment practice. 25. Notice. Whenever this Agreement calls for or provides for notice and notice is no{ otherwise specified, the same shall be provided in writing and shall be served on the person(s) as designated by the parties below, either in person or by certified mail, postage prepaid and return receipt requested. For City: Aspen City Manager 130 South Gatena Street Aspen, Colorado 81611 For Tenant: Managing Director Theatre Aspen 110 E. Hallam St.. Ste 103 Aspen, CO 81611 The parties may change or add such designated person(s) or addresses as may be necessary from time to time in writing. Page 7 26. Binding Effect. All of the terms and conditions its contained in this Agreement shall inure to the benefit of and he binding upon the successors and a ssigns of the parties. 27. Controlling Law. 01'his I.ease Agreement shall he enforced and interpreted in accordance with the laws of the State of Colorado. Any action brought to enforce or interpret this Agreement shall be brought in the District Court in and for Pitkin County, Colorado. In the event of litigation between tile parties concerning this Agreement or matters arising therefrom. the prevailing party shall he awarded its costs and reasonable attorney's fues. 28. Entire Agreenient. This instrument constitutes the entire Lease Agreement by the parties concerning the Premises and shall supplant and supersede any previous agreements between the parties pertinent to the Premises. Any prior or conteniporaneous oral or written agreement that purports to vary from the terms as set furth herein shall he void and of no effect. 29. Amendments. Except as otherwise provided herein, [his Lease Agreement and all of lis terms and conditions may not he amended or modified absent a written agreetnent l|lily executed by the parties. 30. Condition Precedent. This Lease Agreement is specifically conditioned upon the Aspen City Council granting the requisite land use approvals to Tenant fur [he proposed uses on the I.eased Premises and Teninit's accepmnce 01'same, hiclitding any conditional lerms related lo approvals, Furthermore, this Lease Agreement is hereby subject to all the ter!1ls and conditions that may be required hy the Aspen City Council in any land use approvals granted to TeÂ·nant for the proposed uses described herein. WHEREFORE, the parties, through their duly authorized representatives, have executed this Agreement upon the dates as fur 111 herein. THE CITY 01: ASPEN, COLORADO \*- 3ft W j<_j Steve Harwick, City Manager A'ITEST: ,/Ct- 'Ae,i , 4.-148~- Kallityll S. 1~011~ City derk Page 8 TENANT: Theatre Aspen By: 54 1,1 FiL Emily Zeck, Managing Director Page 9 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: March 5. 2013 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0015.2013.ASLU - 470 Rio Grande Place. The planner assigned to this case is Jessica Garrow. ~G~ Your Land Use Application is incomplete: 1. Elevations, perspectives or photographs showing the proposed appearance of the tent structure. No drawings are provided showing how the structure will look. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. 3 Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, miennite~Pkelan, Deputy Director City ofAÂ®en, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes- No*__ Subdivision, SPA, or PUD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes - No_*_ Commercial E.P.F. FEES DUE - NOT PAID AS OF 3.4.13 Ele flit lecold Na,lgate fgfm -RepoÂ® Form#t Db Help Â£ 1 9. 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