HomeMy WebLinkAboutcclc.ag.030503 COMMERCIAL CORE & LODGING COMMISSION
SPECIAL MEETING
SISTER CITY ROOM - CITY HALL
March 5, 2003
8:30 am I. Roll call and approval of February 19, 2003 minutes.
II. Commissioner comments - Saturday Market
III. Mall leases
IV. Adjourn
Noise, Trash and Saturday Market EXpansion are scheduled
with City Council March l0th. Please attend.
MALL ADDRESSES -SQUARE FOOTAGE - 2003 /~ C~
130 days from May 24th through Oct. 1tn 2003 =
Mall coding £or finance: 1401 or 11000-00000-66140
J.D. Aspen LLC
Pacifica- 920-9775
Ed Curtindale
307 S. Mill
Aspen. Colo. 81611
(487.2 sqft.) 3.90 x 487.2 sq.ft. = $1,900.00 x 12 = $2~-,800.00 ./. 365 =
$62.00 a day
Total $ 8,060 Paid cheek #
Red Onion - 925-9043
David Walbert
420 E. Cooper
Aspen, Colo. 81611
(210 sqft.) 3.90 x 210 sq.fl. = $ 819.00 x 12 = $ 9.82800 . 365 =
$27.00 a day,
Total $ 3,510 Paid check #
Grottos-925-3775 g/P',~-xc,4~d 2,~Z _z~ ~"~
Tim Lucca
320 S. Mill St.
Aspen, Colo. 81611
(332 sqft.) 3.90 x 332 sq.ft. = $1,295.00 x 12 -~ $15,540.00 .,. 365 =
$43.00 a day
Total $5,590 Paid check #
MECCA - Jeremy Guterman
920-4004
424 E. Cooper
Aspen, Colo. 81611
(379 sq. ft.) 3.90 x 379 sq.ft. -- $1,478.00 x 12 -- $17,736.00 ... 365 = $49.00
Total $ 6,370 Paid check #
Colony- 544-0008 Sue Parry
307 S. Mill Street
Aspen. Colo.
(448 sq.ft.) 3.90 x 448 sq.ft.= $1,747.20 x 12 = $20,966.40
./.365 = $57.44 a day.
Total $7,467.29 Paid check #
NOTICE OF PUBLIC HEARING
CASE: ALL MALL LEASE HOLDERS
BEFORE THE CITY OF ASPEN COMMERCIAL CORE &
LODGING COMMISSION
TO ALL MALL LEASE HOLDERS; ADJACENT PROPERTY
OWNERS/LESSEES; CONCERNED CITIZENS
A public hearing will be held March 5, 2003 in the Sister Cities meeting
room of City Hall, 130 S. Galena, Aspen Colorado to approve or deny
outside dining for Pacifica, Red Onion, and the Colony: .All persons
affected by the proposed Mall Leases are invited to appear and state their
views, protests or objections. If you cannot appear personally at such
meeting, then you are urged to state your views by letter, particularly if you
have objection to the mall leases. The Conunercial Core & Lodging
Commission will give serious consideration to the opinions of surrounding
property owners and others affected in deciding whether to grant or deny the
request.
Mall Lease holders must present a descriptive diagram of their tables,
entrance, fence, umbrellas and square footage at the meeting.
Businesses making an application for a mall lease are required to transmit
this notice to adjacent property owners/lessees.
Date and Time of Meeting
DATE: March 5, 2003
TIME: 8:30 a.m.
The City of Aspen Commercial Core & Lodging Commission
130 S. Galena Street, Aspen, Colorado 816l 1
Bill Dinsmoor, Chairperson
Kathleen Strickland, Chief Deputy Clerk
MALL LEASE AGREEMENT
THIS LEASE AGREEMENT made as of May 24 2003, at Aspen, Pitkin
County Colorado, by and between THE CITY OF ASPEN, COLORADO, a
municipal corporation, a Lessor (hereinafter "City"), and individual, parmership,
corporation, as Lessee (hereinafter "Lessee") ..
WI TNE S S E TH:
WHEREAS, the City of Aspen, Colorado, by its Ordinance No. 20 (Series of
1973) established a Pedestrian Mall on those city streets desig,mated therein; and
WHEREAS, the City Council of the City of Aspen, and Aspen Commercial
Core and Lodging Commission ( hereinafter "CCLC") are desirous of leasing
portions of said Mall to abutting land owners and/or lessees who wish to use such
areas for restaurant and/or liquor sales;
NOW THEREFORE, in consideration of the mutual covenants, terms and
conditions contained herein, it is agreed as follows:
1. The City does hereby demise and let to Lessee approximately
square feet of the said Pedestrian Mall, being that portion of the Mall abutting the
business structure and lot area oWned and/or managed by Lessee and extending a
maximum of ten (10) feet from the edge of their building and/or lot; provided,
however, that encroachments are not to be considered to be part of such building
and/or lot. The term of this lease shall be for the period of time beginning on May
24, 2003 and terminating on October 4, 2003. Rent shall be calculated at $ per
square foot per month. As rent for such area and term, Lessee hereby agrees to pay
City the total sum of which sum shall be payable in advance on or
before , at the offices of the City Clerk, Aspen City Hall, Second
Floor, 130 S. Galena Street, Aspen, Colorado 81611.
If the rent payment is not paid in full when due, a penalty in the amount of ten
percent (10%) shall be assessed on the arrears and, in addition, interest on the
arrears shall accrue at the rate of two percent (2%) per month.
2. Lessee agrees to use such area for the sole pm:pose of selling and
dispensing food or beverages to the public. Such area shall be open to the public at
least seven (7) hours per day between the hours of 9:00 a.m. and 8:00 p.m., weather
permitting, but in no event shaI1 food and beverage service be extended beyond
10:00 p.m. Food shall be available in the leased area during all hours it is open to
the public. Lessee further agrees to use the premises for no purpose prohibited by
the laws of the United States, the State of Colorado, or ordinances of the City of
Aspen. Further, lessee agrees to comply with all reasonable recommendations by
Aspen CCLC relating to the use of the leased premises.
3. Lessee shall remove any structures on the leased premises promptly
upon expiration of this lease. Failure to remove them within ten (10) days of said
expiration shall result in ownership therein transferring to the City of Aspen.
4. Lessee agrees to keep said premises in repair and free from all litter,
dirt and debris and in a clean and sanitary condition; to neither permit nor suffer any
disorderly conduct or nuisance whatever about said premises which would annoy or
damage, either proximate or remote, occurring through or caused by any alteration
to said leased premises, or by any injury of accident occunring thereon. Further,
Lessee does, by execution of this agreement, indemnify and agre~ to save harmless
the City of Aspen its employees, elected and appointed officials, against any and all
claims for damages or personal injuries arising from the use of the premises as
herein above described. Further, Lessee agrees to furnish City with certificate(s) of
insurance as proof that it has secured and paid for a policy of public liability
insurance covering all public risks related to the leasing, use, occupancy,
maintenance, and operation of location of the leased premises. The insurance shall
be procured from a company authorized to do business in the State of Colorado and
be satisfactory to the City. The amount of this insurance, without co-insurance
clauses, shall not be less than the maximum liability that can be imposed upon the
City of Aspen under the laws of the State of Colorado found at C.R.S. Section 24-
10-101, et seq. , as amended. Lessee shall name the City as co-insured on all
insurance policies and such policies shall include a provision that written notice of
any non-renewal, cancellation or material change in a policy by the insurer shall be
delivered to the City no less than ten (10) days in advance of the effective date.
5. All construction, improvements or business fixtures on the leased
premises shall comply with the following criteria:
a. Not be wider than the mall frontage of the business nor extend
further than a mammum of ten (10) feet fi.om the edge of the Lessee's building
2
(encroachments are not considered to be a part of the Lessee's building) while
ensuring that such extension does not impede pedestrian traffic.
b. No portion of the Lessee's fixtures sl~tall extend beyond the
boundaries of the City-leased premises; this shall be construed to include planters,
umbrellas while closed or open, any type of lighting fixtures, and any other fixtures
of the Lessee.
c. No island shall be created on the leased premises; i.e., the
fencing around the City-leased premises shall abut the Lessee's building and
business.
d. The perimeters of the extension boundary shall be angled at
forty-five (45) degrees with a minimum of four (4) feet length on the diagonal(s)
with the exception that if the Lessee obtains written consent from the adjacent
business, a ninety (90) degree angle will be permitted on the side(s) for which the
Lessee has obtained such written consent.
e. The perimeter of the City-leased premises shall be enclosed by a
black wrought-iron fence as approved by CCLC, no less than thirty (30) inches in
height. Openings in the fence shall not be less than 44 inches wide, If there is a
gate which is not self-closing and bi-directional it must be left open and swing
inward to prevent obstruction of pedestrian right-way, These rules are in
compliance with state liquor and fire codes;
f. No service facilities, including, but not limited to, bus trays, hot
plates, water dispensing equipment and dish storage shall be located on City-leased
premises.
g. The extension of fixtures shall otherwise be consistent (in the
determination of the Planning Office, Commercial Core and ]Lodging Commission
and the City Council) with the general design guidelines and design criteria of the
Mall.
h. The Lessee shall allow its fixtures and perimeter fencing to
remain in place at its own discretion and liability and shall accept and retain full
responsibility and liability for any damage to such fixtures and perimeter fencing
caused by the operation of police, fire and ambulance vehicles in the performance of
their duties, and to hold harmless their duly authorized operators.
i. Neither electric nor gaslights nor electrical conduits are allowed
on the City-leased premises.
j. No signage, including, but not limited to, advertising on
umbrellas, furniture, planters or banners shall be allowed on l:he City-leased
premises except that menu signs shall be allowed in accordantce with provisions of
the City of Aspen sign code and subject to review by CCLC. (menu must be
attached to the fence)
6. The lease premises and improvements, additions and business fixtures
thereon shall be maintained and managed by Lessee.
7. Lessee agrees to permit agents of the City to enter upon the premises at
any time to inspect the same and make any necessary repairs or alterations to the
sidewalks, curbs, gutters, streets, utility poles, or other public facilities as the City
may deem necessary or proper for the safety, improvement, maintenance or
preservation thereof. Lessee further agrees that.if the City of Aspen shall determine
to make major structural changes to the Aspen Pedestrian Mall which may affect
any structures placed within the mall by the Lessee that the Lessee, by execution of
this agreement, hereby waives any and all right make any claim for damages to the
improvements (or to its leasehold interest) and agrees to remove any structures
necessary during such construction periods. City agrees to rebate all rents in the
event it undertakes major structural changers to the Aspen Pedestrian Mall during
the lease period.
8. The City of Aspen by this demise hereby conveys no fights or interest
in the public way except the right to the uses on such terms and conditions as are
above described, and retains all title thereto.
9. Lessee agrees not to sublet any portion of the leased premises, not to
assign this lease without the prior written consent of the City being first obtained.
10. Lessee hereby affirms that Lessee is the owner and/or lessee of the
abutting property and agrees that on sale or other transfer of such ownership
interest, Lessee will so not/fy the City of the transfer in interest, and all right and
interest under this lease shall terminate.
11. Lessee agrees to surrender and deliver up the possession of the leased
premises promptly upon the expiration of this lease, or uPcm five (5) days' written
notice in the case of the termination of this lease by' City by reason of a breach in
any provisions hereof.
12. If legal action is taken by either party hereto to enforce any of the
provisions of this lease, the prevailing party in any legal action shall be entitled to
recover from the other party all of its cost, including reasonable attorneys fees.
13. It is further agreed that no assent, expressed or implied, to any breach
of any one or more of the covenants or agreements herein shall be deemed or taken
to be a waiver of any succeeding or any other breach.
14. Lessee agrees to comply with all laws, ordinances, rules and
regulations that may pertain or apply to the leased premises and its use. In
performing under the lease, Lessee shall not discriminate against any worker,
employee or job applicant, or any member of the public because of race, color,
creed, religion, ancestry, national origin, sex, age, marital status, physical handicap,
status or sexual orientation, family responsibility or political affiliation, or otherwise
commit an unfair employment practice.
15. Lessee and City agree that all correspondence concerning the Lease
shall be in writing, and either hand delivered or mailed by first class certified mail to
the following parties:
City of Aspen CITY OF ASPEN, COLORADO
130 South Galena Street
Aspen, Colorado 81611 By.
City Manager, Steve Barwick
Lessee
COOKING SCHOOL OF ASPEN
February 25. ~OOo
Attn: Ms. llclen Klandcrud. Mayor
VIA FACSIMII .E: 920-51 [9.2 pages, including this one
Dear l lclen:
I hank you vet) much for taking the time to meet with rn¢ regarding the .Farmcr,s' Mmkct
[Xpansion. I wanted to li1,1 you in on the results of our meedng.
My main concern was the fact that CCLC members are being quoted in thc local papers.
specifically l'he ..{.Wer~ Timex. Wednesday, February 12. 2003. as saying that ~.he.';' are sensi,:e
thc local shop owners. As you' know. thc q t~estion [ posed to .~ou was this: I low can the C_'C[.C
members ~a) that they re sensiuve to the' local shop owners, especially those in the downto~x n
core. ill haven't been coatacted?
"l~'e are rery setta'itlve to the Iocul a'hop owtters who are pa)'i.g rettL "-Jo. Busch
"There[~ not attyone at CCLC who wanls to do a.ything to hurt a local busbtess. "-Andrew
Kole
l'er >our advice. I placed calls to Andrew Kole. Charles Kennedy and Jon Busch. Jon did not
return nly call.
Charles Kennedy did return my call. and informcd me that the CCLC is just five voltlnteers, and
unable to contact each and every business.
Anarew Kolc also ,'cturned m> call. In short, he {nfom'md mc that it ,.',,as not the CCI.C's
responsibility to cof~tact local businesses 10r their t'cclings about thc expansion. 'l'ha~
· responsibility, according to Andrew. had been passed on to the ACRA.
ArTier lem'ning thi~ Ii'om Andrew. as you know. I contacted ? dU. and you suggested I call } hma
PcYny. which I did. She infbrmed me that she had informed the CCLC tim! she was awaiting
direction from them as to specifics on the sort of poll she should be taking, and that until she
heard b;.tck ['toni thc CCLC. the ACRA was 1]o~ going to move forward in an3 ',',;ay. ti]us the
reason I had not yet been contacted.
Basically. what l've learned so fur is that the CC LC is waiting {'hr inlbrmation from thc ACRA
on how Ioctd businesses feet about the expansion, and the ACRA is v, aiti~g for direction from
thc CCI.C on what sort of questions it would like posed to mc local businesses.
['he results uflny research, then. arc as foiler, s: It is a falsehood for any individual or
organization to claim tirol, at this point in time. n represents, m is sel'tsitive to the feelings of
414east hymanavenue asDen, colorado 81611
telephone 970.920.1879 a~mm strative 970.544.5079 toll-free I facsimile 970.920.2188
www.cookingschoolofas
Jotul shop o~',ners, specit]cally those irt the downto,,vn core. Art) person claiming this is simpt5
trying to push through his or her own agenda.
Until such lin~e as t~e ~belings and sensitivities of all local shop owners are taken into
consideration. 1 [~el that plans/bt an expansion should no~ move forward.
[,h~k~m/~ tot taking the time to listen to my concerns,
-Rob
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