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2000 Comedy Festival Temporary Use
110 E. Hallam _.
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COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street, -
Aspen, Colorado 81611
(970) 920-5090
City of Aspen
Land Use:
1041
Deposit
1042
Flat Fee
1043
HPC
1046
Zoning and Sign
Referral Fees:
1163 City Engineer
1205 Environmental Health
1190 Housing
Building Fees:
1071
Board of Appeals
1072
Building Permit
1073
Electrical Permit
1074
Energy Code Review
1075
Mechanical Permit
1076
Plan Check
1077 Plumbi srmit
1078 Dios ec�tilo`n
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J Other Fees:
1006 Copy
1302 GIS Maps
1481 Housing Cash in Lieu
1383 Open Space Cash in Lieu
1383 Park Dedication
1468 Parking Cash in Lieu
Performance Deposit
1268 Public Right-of-way
1 164 School District Land Ded.
TOTAL 0-�o '
NAME:
ADDRESS/PROJECT:
PHONE:
CHECK# /�) rl) -7z
CASE/PERMIT#: # OF COPIES:
DATE: INITIAL:
CASE NUMBER
A007-00
PARCEL ID #
2737-073-13801
CASE NAME
Comedy Festival Temporary Use Permit
PROJECT ADDRESS
110 E. Hallam
PLANNER
Nick Lelack
CASE TYPE
Temporary Use Permit
OWNER/APPLICANT
Joe Lang
REPRESENTATIVE
DATE OF FINAL ACTION
2/9/00
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
Approved by JAW
BOA ACTION
DATE CLOSED
2/9/00
BY
J. Lindt
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PARCEL ID: 2737-073-13801
DATE RCVD: 1 /26/00
CASE NO A007-00
CASE NAMEIComedy Festival Temporary Use Permit PLNR: -AC
PROJ ADDR: 110 E. Hallam CASE TYP: Temporary Use Permit i _STEPS::-
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OWN/APP; Joe Lang D 417 main St. Suite C CIS/Z: Carbondale/CO/816 PHN: 704-9312
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FEES DUE1 480 D FEES RCVD: 480 STAT:
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130 S. Galena St.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
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MEMORANDUM
TO: Julie Ann Woods, Community Development Director
THRU: Joyce Ohlson, Community Development Deputy Director�
FROM: Nick Lelack, City Planner
RE: U.S. 2000 Comedy Arts Festival Temporary Use Permit
Parcel I.D. No. 2737-073-13-801
DATE: February 9, 2000
APPLICANT: U.S. 2000 Comedy Arts Festival, represented by Joe Lang
LOCATION: Red Brick Arts & Recreation Center (gymnasium)
ZONING: Public/PUD
SUMMARY:
The U.S. 2000 Comedy Arts Festival (Applicant), represented by Joe Lang, is
requesting approval for a temporary use permit for the U.S. 2000 Comedy
Arts Festival at the Red Brick Arts & Recreation Center gymnasium. The
Festival is scheduled for Wednesday, February 9, 2000 through Saturday,
February 12. Over 70 performances are scheduled for venues throughout the
City. This application is specifically for the use of the Red Brick Arts &
Recreation Center; and, the proposed schedule for this venue is as follows:
Date
Number of
Performances
Time of
Performances
Wednesday, February 9
None
Thursday, February 10
1
4-5:30 p.m.
Friday, February 11
2
4-5:30 p.m.
7-8:30 p.m.
Saturday, February 12
1
9-1 :30 p.m.
The Applicant is encouraging walking and public transportation in its press
and publicity, and providing 2-4 shuttles from the St. Regis to the Red Brick
venue.
RECOMMENDATION:
Community Development Staff recommends approval of the temporary use for
the U.S. 2000 Comedy Festival provided that the City of Aspen ordinances are
obeyed and the proper right-of-way and encroachment permits are obtained, with
conditions.
BACKGROUND:
The U.S. Comedy Arts Festival is an annual event in the City of Aspen. After the
1999 Festival, the Applicant explored options for larger venues to accommodate
larger audiences. The Applicant reached an agreement with the City Recreation
Department Director, Tim Anderson, and John Bakken of Silver City Gymnastics
to use the facility's gymnasium for this event. Part of this agreement includes the
Applicant making a contribution to the gymnastics club, and paying for the club's
"down time," as well as a fee to the City for use of the facility. Kathryn Koch,
City Clerk, Russell Grance, Building Department Deputy Director, and Ed Van
Walravan, Aspen Fire Marshal, have all approved the venue floor plan.
REVIEW CRITERIA & STAFF FINDINGS:
26.450.030 Criteria applicable to all temporary uses.
When considering a development application for a temporary use or an
insubstantial temporary use, the Community Development Director or City
Council shall consider, among other pertinent factors, the following criteria as
they, or any of them, relate thereto:
A. The location, size, design, operating characteristics, and visual
impacts of the proposed use.
Staff Finding
This application proposes to use the Red Brick Arts & Recreation Center for an
arts related use. The gymnasium can accommodate the audience the Applicant is
seeking to attract. Visual impacts of the proposed use should be minimal because
the festival will be held for a limited duration inside the facility.
The operating characteristics are a mixed bag. Press and publicity of the event
encourages walking and the use of public transportation to the venue. However,
Tim Ware, Director of Parking Control, has concerns and has received complaints
about some operating characteristics. His specific concerns are as follows:
1. The City has received complaints from neighbors that the idling ordinance is
not being complied with. This ordinance limits idling to five (5) minutes and
must be complied with by all vehicles at all times.
2. The Applicant must request the use of parking spaces a minimum of 72 hours
prior to the date of use.
3. The Applicant has absolutely no authority to tow or to have vehicles towed
without the presence of a City of Aspen officer.
4. The Applicant must obtain right-of-way and/or encroachment permits to use
these public spaces for any use other than day storage of vehicles. The
Applicant must obtain these permits from the City Engineer.
B. The compatibility of the proposed temporary use with the character,
density and use of structures and uses in the immediate vicinity.
Staff Finding
The proposed temporary use is in character with the site, a former school campus
and existing Red Brick Arts & Recreation Center, particularly because the event
will be held inside the facility. The gymnasium can accommodate the audience
the Applicant is seeking to attract. The immediate vicinity includes moderate -
density residential housing and the Yellow Brick School and its associated uses.
This criterion has been addressed.
C. The impacts of the proposed temporary use on pedestrian and
vehicular traffic and traffic patterns, municipal services, noise
levels, and neighborhood character.
Staff Finding
The impact of the temporary use on traffic and traffic patterns, municipal services,
noise levels, and neighborhood character will be minimal because of the limited
duration of the activities on site. However, as stated above, Tim Ware, Director
of Parking Control, has received complaints from neighbors that City ordinances
are not being complied with and the required permits have not been obtained for
public right-of-way and encroachment activities. These ordinances must be
complied with and the proper permits obtained.
D. The duration of the proposed temporary use and whether a
temporary use has previously been approved for the structure,
parcel, property or location as proposed in the application.
Staff Finding
This particular use has not been approved previously for this structure, parcel or
property. The use will occur for only a few hours each day for three days. Again,
the duration of this use for this structure and property is acceptable so long as the
operating characteristics meet City ordinances and the proper permits have been
obtained.
E. The purposes and intent of the zone district in which the temporary
use is proposed.
Staff Finding
The Public Zone District allows arts, cultural, and recreational activities,
buildings and uses. Therefore, this use is allowed in the zone district.
F. The relation of the temporary use to conditions and character
changes which may have occurred in the area and zone district in
which the use is proposed.
Staff Finding
The temporary use is allowed in the zone district and, therefore, directly related to
the conditions and character changes which have occurred in the area and zone
•
•
district in which the U.S. 2000 Comedy Festival venue will take place. This
criterion is addressed.
G. How the proposed temporary use will enhance or diminish the
general public health, safety or welfare.
Staff Finding
The nature of the event, arts — comedy, and limited duration of the use will
enhance the general public health, safety, and welfare.
RECOMMENDATION:
Staff recommends approval of the temporary use for the U.S. 2000 Comedy
Festival provided that the City of Aspen ordinances are obeyed and the proper
right-of-way and encroachment permits are obtained, with the following
condition:
1. All material representations made by the applicant in this application shall be
adhered to and shall be considered conditions of approval, unless otherwise
amended by an entity having authority to do so.
EXHIBITS:
Exhibit "A" - Application
APPROVED BV:
A4-��
Jul' Ann Woods,
CAfnmunity Development Director
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MEMORANDUM
Fax: (970) 704-9313
TO: Julie Ann Woods
City of Aspen
FR: Joe Lang Z
DT: January 215, 2000
RE: Temporary Use Permit -
Red Brick Gymnasium
2000 USCAF
Thank you for your assistance with this. I wanted to take the time to lay out
the course of events for your records. The 2000 U.S. Comedy Arts Festival is
Wed. February 9th through Sat. February 12th with over 70 performance in
venues throughout Aspen. After the 1999 Festival, we wanted to explore
options for larger venues (in hopes of accommodating a larger local
audience). We started talks with Tim Anderson (City) and John Bakken
(Silver City Gymnastics) about utilizing the Red Brick Gymnasium space
(June 1999). We reached an agreement, with the USCAF making a donation
to the gymnastics club and paying for their down time, as well as paying a City
usage fee. I then went to Kathryn Koch to review, and to Russell Grance
(City) and Ed Van Walraven (Fire) for approval on the venue floorplan
(9/ 30/ 99).
The following are other items that I would like to submit with this
"Temporary Use Permit" for the Red Brick Gymnasium:
1. Performance Schedule
- (It's light so it's works to all of our benefit.)
•Wed.2/9
No
performance
•Thurs. 2/ 10
(1)
performance @ 4-5:30 pm
Barry Levinson
*Fri. 2/ 11
(2)
performance @ 4-5:30 pm
Smother Bros.
7-8:30 pm
Nichols & May
-Sat. 2 / 12
(1)
performance @ 9-10:30 pm
AFI Star Award
2, Transportation - We are encouraging walking and public
transportation in our press and publicity, so I don't anticipate much
vehicular traffic. Also, we will provide 2-4 shuttles to run from the St.
Regis to the venue. Since it is only 3 blocks to the Hotel Jerome (one of
our venues), we would like to put out (4) "arrow signs" with "Red
Brick Arts & Recreation Center" along the route.
3. Marquee Doorway Tents - As we have done through your office the
past two years with the C-Bldg (St. Regis) (not using for '00), we would
Page Two
1/26/00
Temp. Use Permit
3. Marquee Doorway Tents - (continued)
like to use a 9'x10' tent at the back door of the gymnasium, and a 15'x20'
at the front entrance. The purpose of the tented entrances would be to
have an area where our ticket takers could be (for hours) without
standing in the cold.
The tented entrances do not inhibit traffic (walk -way) since there is
still 20+' to the street.
We would like to put up the tented entrances on Tues. 2/8 with a strike
on Sun. 2 / 13.
Lastly, we would like to hang a 4'x4' USCAF logo only banner (no
sponsors) over the entrances for show times to help identify the space
and entrance for attendees.
4. Short Term Lease Agreement - City of Aspen - I have attached the
current City of Aspen contract that was generated through Tim
Anderson (Recreation Dept.). I will make sure that a signed/executed
copy is forwarded to your office for your records.
Please let me know if there is any other information that you need me to
provide. Call me anytime at 704-9312 (Carbondale) if you have any questions
or concerns. We look forward to another successful Festival Thanks again.
01/01/1994 04:30 970-910478 ASPEN RECREATION` PAGE 01
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SHORT TERM LEASE AGREEMENT FOR
USE AND OCCUPANCY OF THE CITY OF ASPEN FACILITY
THIS LEASE AGREEMEAT was entered into on January 44, 2000
by and between the City of Aspen, a municipal home rule city, referred to as lessor, and
LM referred to as lessee.
In consideration pf the mutual covenants contained in this agreement, the parties
agree as follows:
I Description of Premises. Lessor leases to lessee and lessee does hereby
rent and take as lessee the following City of Aspen facility under the terms and conditions
of this lease agreement: Red Brick Gymnasium to Include stage area and locker rooms.
ggMroxhnafely 10.000 sq, fg of space.
2. ,Ingress and Egress. Lessee shall have the right of ingress and egress into
the above referenced Cityfacility and the following appurtenant areas within the facility,
but acquires no other right in any other part of the building than the parts specified -
Gymnasium area to Include the stage andjocker room areas.
4pproxima&dy 10.000 smft. Qfflaor Space,
3. Purpose. Lessee represents that the above -described premises are being
rented for the purpose set forth below and for no other purpose whatsoever without the
written consent of lessor endorsed on this lease agreement:
1. Term. The term of this lease agreement shall begin at 6:00 o'clock A.. m.
on Monday. February 7. 2000, and terminate at 11:59 o'clock P.m. on Sunday
Februaa 13. 2000. unless otherwise changed in writing.
5, Quiet Enjoyment. Lessor agrees to permit lessee, upon faithful
performance of the terms and covenants of this lease agreement, to peaceably and quietly
have, hold, and enjoy use of the demised premises for the purpose and for the term stated
above.
6 Furnishing of Services. Lessor shall furnish the following:
• Gymnasium, stage area (climbing wall) rest room/locker room facilities.
Approximately 10,000 sq. ft. of space.
Seating shall be arran J, les or us follows:
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01/01/1994 04:30
970-91047E
ASPEN RECREATION
PAGE 02
• Pet' f ire and building code requirements.
Lessee agrees to furnish the fallowing:
• All labor, materials, and costs associated with set up and take down. Gymnasium shall be
returned to original set up and state as prior to lease, reasonable
7. Rent. Lessee shall pay to lessor, at lessor's once for the use of the demised
premises and facilities the sum of $4" at least "days prior to the commencement of the
terms of this lease. Lessee shall pay to lessor on demand any sum that may be due to lessor for
additional services, accommodations, or materials furnished or loaned by lessor to lessee.
Lessee shall permit lessor, in case of lessee's failure to pay any such sum, to take from any box
office receipts or any other advance receipts belonging to lessee a sufficient amount to decure
lessor against loss.
8. Surrender of Premises. Lessee shall quit and surrender the demised premises and
all equipment contained on and in the demised premises to lessor at the end of the term of this
lease agreement in the same condition as at the date of the commencement of this lease
agreement, ordinary use and wear excepted.
9. Rules and Regulations. Lessee shall abide by and conform to all rules and
regulations from time to time adopted or prescribed by lessor for the government and
management of the facilities.
10. Employees of Lessee. Technicians, stagehands, coaches, assistants, and other
personnel, if employed by lessee, are employees of lessee, and lessee is responsible for payment
of workers' compensation, unemployment insurance, social security, and withholding taxes in
connection with all such employees.
11. Compliance with Law. Lessee shall comply with all laws of the United States and
of the State of Colorado, all ordinances of the City of Aspen, and all rules, regulations and
requirements of the police and fire departments or other municipal authorities of the City of
Aspen. Lessee will not do or suffer to be done anything on the demised premises during the term
of this lease agreement in violation of any such laws, ordinances, rules or requirements. If the
attention of lessor is called to any such violation on the part of lessee or of any person employed
by or admitted to the demised premises by lessee, lessee will immediately desist from and correct
or cause to be corrected such violation.
2
01/01/1994 04:30 970-919478 ASPEN RECREATION• PAGE 03
12. Intoxicating Liquors. Lessee will not cause or allow beer, wine. or liquors
of crny kind to be sold. given away, or used upon the demised premises except upon the
express written consent of lessor.
13. Defacement. Lessee shall not injure, nor mar, nor in any manner dcfface
the demised premises or any equipment contained in or on the demised premises, and
.shall not cause or permit anything to be done whereby the demised premises or equip-
ment in or on the demisedpremises shall be in any manner injured, marred or defaced
Lessee will not drive or permit to be driven nails, hooks, tacks or screws into ant, part of
the building or equipment contained in the building and will not make or allow to he
made any alterations of any kind to the building or equipment contained in the building.
14. Damage to Premises.
a. If the demised premises, or any part of the building on the demised
premises, or any equipment located on the demised premises during the term of this lease
agreement shall be damaged by the act, default, or negligence of lessee, or of lessee's
agents, employees, patrons, guests, or any person admitted to the demised premises by
lessee, lessee will pay to lessor upon demand such sum as shall be necessary to restore
the demised premises or equipment contained in or on the demised premises to their
present condition.
b. Lessee assumes full responsibility for the character, acts, and
conduct of all persons admitted to the demised premises by the consent of lessee or by or
with consent of any person acting for or on behalf of lessee. Lessee agrees to have on
hand at all times, at lessee's own expense, such police and fire force as is determined
necessary by the Aspen chief of police to maintain order and to protect persons and
property.
15. Loss of Equipment. All equipment entrusted to the care of lessee or on the
demised premises during the term of this lease agreement which shall become lost, stolen,
or disappear shall be the sole responsibility of lessee. Lessee shall be responsible to pay
full replacement costs to lessor.
16 Advertisements. Lessee will not post or exhibitor allow to be posted or
exhibited signs, advertisements, show -bills, lithographs. posters, or cards of 'any
description inside or in front or on any part of the building except upon the regular
hillhotn•ds provided by lessor lherefor and will use, post. or exhibit only such signs.
advertisements, show -bills, lithographs, posters, or cards upon the building as related to
the performance ot, exhibition to he given in the demised premises, and for such period of
How as designated by lessor. Lessee shall take down and remove all signs.
advertisements, show -hills, lithographs, posters. or cards of urn_, desc•riplion ohjec•tud m
by lessor.
01/01/1994 04:30 970-90478 ASPEN RECREATION PAGE 04
17, Audience. Lessee shall not admit to the demised premises a larger number
of persons than the seating eapaciry thereof will accommodate or that can sgfely or freely
move about the demised premises. The decision of 'the. facility manager of lessor in this
respect shall be final.
18. Lost Property. Lessor shall have sole right to collect and have custody of
articles left, lost, or checked in the building by persons attending any performance,
exhibition, or entertainment given or held in the demised premises. Lessee or any person
in lessee's employ shall not collect or interfere with the collection or custody of such
articles.
19. Sales on Premises. Lessor reserves, and at all times shall have, the sole
right to sell or give away refreshments, beverages, candies, sandwiches, and other
merchandise, and to rent and sell opera glasses, and other articles, to conduct
checkrooms, to control programs and to supervise the contents thereof, to take
photographs, to control and supervise radio or television broadcasting or recording and
transcription rights and equipment, and other privileges. Lessee shall not engage in or
undertake the sale of any of the above -stated articles or privileges, without the prior,
written consent of lessor.
20. Fire Hazards.
a. Lessee shall not do or permit to be done anything in or on any part
of'the building, or bring or keep anything in the building, which will in any way Increase
conditions of any insurance policy upon the building or any part of the building, or in
any way increase the rate offre or public liability Insurance upon the building or
property kept therein, or in any way conflict with the regulations of the fire department or
with any of the rules, regulations, or ordinances of the City of Aspen or in any way
obstruct or interfere with the rights oj'other tenants in the building or injure or annoy
them.
b. Lessee shall not, without the prior, written consent of'lessor, put
up or operate any engine or motor or machinery on the demised premises or use oils.
burning fluids, camphene, kerosene, naphtha, or gasoline for either mechanical or other
purposes or any other agent than gas or electricity for illuminating the demised premises.
21. Assignment. Lessee shall not assign this lease agreement without the
prior, written consent of lessor nor suffer arty use of the demised premises other than crs
spec4ied in this lease agreement.
22. Rent Refund. If lessee. heing entitled to possession under this lease
agreement, fails_for any reason to take possession of 'or to use the demised premises, no
rent refund shall be made and the.full rent called for by this lease agreement, including
any disbursements or expenses incurred by lessor in connection therewith, shall be
payable by lessee to lessor, as liquidated damages and not by wary ofpenatlty.
01/01/1994 04:30 970-90478 ASPEN RECREATION* PAGE 05
23. Staff. Lessee understands and specifically agrees that lessor does not furnish any
staff not otherwise provided for in this lease agreement.
24. Damage to Building. In case the building or any pan of the building shallbe
destroyed or damaged by fire or any other cause, or if any other casualty or unforeseen
occurrence renders the fulfillment of this lease agreement by lessor impossible, including, but
not limited to, requisitioning of the demised premises by the United States government or any
arm or instrumentality of the United States Government, thislease agreement shall terminate and
lessee shall pay rental for the demised premises only up to the time of such termination at the
rate specified Lessor hereby waives any claims for damages or compensation should this lease
agreement be so terminated.
25. Evacuation of Building. Lessor reserves the right to evacuate the building during
any activity in progress when it is deemed necessaryfor the safety of the general public.
26. Control of Building. The building, including the demised premises and the keys
thereof, shall be at all times under the control of the facility manager who shall be appointed by
lessor.
27. Default in Rent Payment. Lessee covenants that if any default is made in payment
of rent at the times specified above, or if any default is made in any covenant or condition
contained in this lease agreement, then this lease agreement and the relation of lessor and
lessee, at the option of lessor, shall cease and terminate and the relation of the parties shall be
the same in all respects as if the term had fully expired. Under such circumstances, lessor may
reenter the demised premises and hold them as of its former estate, remove all persons from the
demised premises, and resort to any legal proceedings to obtain possession. Lessee, shall in spite
of such entry, pay the full amount of rental as agreed to be paid in this lease agreement.
28. Indemniftcarion. Ercent for claims arising from lessor's negliUnce. lessee
agrees to indemnify and hold harmless the City of Aspen, its officers, employees, insurers, and
self-insurance, 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 damages, or any other loss of any kind whatsoever, which arise
out of or are in any manner connected with this lease, if such injury, loss, or damage is caused in
whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error,
professional error, mistake, negligence, or other fault of the lessee. Lessee agrees to investigate,
handle, respond to, and to provide defense for and defend against, any such liability, claims or
demands at the sole expense of the lessee, or at the option of the lessor, agrees to pay lessor or
reimburse lessor for the defense costs incurred by lessor in connection with, any such liability,
claims or demands. The lessee also agrees to bear all other costs and expenses related thereto,
including court costs and attorney fees, whether or not any such liability, claims, or demands
alleged are groundless, false or fraudulent.
M
01/01/1994 04:30 970-910472 ASPEN RECREATION• PAGE 06
29. Insurance.
(a) The parties hereto understand and agree that lessor is relying on.
and does not waive or intend to waive by any provision of this lease agreement, the
monetary limitations or any other rights, immunities, and protections provided by the
Colorado Governmental Immunity Act, Section 24-10-101, et seq.
(b) The parties hereto further understand and agree that lessor is a
member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as .such
participates in the CIRSA Properry/Casualty Pool. Copies of the CIRSA policies and
manual are kept at the City of Aspen Finance Department and are available to lessce.for
inspection during normal business hours. Lessor makes no representations whatever
with respect to specific coverage's offered by CIRSA.
(c) All insurance policies carried by lessee, its Officers, or its
employees, shall be primary insurance, and any insurance carried by lessor, its officers,
or its employees, or carried by or provided by lessor shall be excess and not contributory
insurance to that provided by lessee.
30. Lien on Box Office Receipts. Any sum due lessor from le.ssee.for lessee's
use ofthe demised premtses or any accommodations, services, or materials .shall be a
.first lien on box office receipts of lessee.
31, Management of Funds. In the handling control, custody. and keeping of
receipts andfunds, whether they are received through the box office or otherwise, lessor
Is acting_ for the accommodation and full benefit of lessee. As to such receipts and. funds,
lessor shall be responsible only.for gross negligence or bad faith.
32. Manager of Building, Any matters not expressly provided for in this lease
agreement shall be in the discretion of the. facility manager.
33. Binding Effect. This lease agreement shall bind and inure to the benefit of
the respective heirs, personal representatives. successors, and assigns of the parties.
34, Governing Law, It is agreed that this lease agreement shall be governed
by. construed and enforced in accordance with the laws of the State of Colorado.
35. ,Entire Agreement. This lease agreement shall constitute the entire
ug=reement behveen the parties. Any prior understanding or representation tlf any kind
preceding the date of this lease agreement shall not he hindinm upon either party except
to the extent incorporated in this lease u91-0ement.
6
01/01/1994 04:30 970-910478 ASPEN RECREATION• PAGE 07
36. Modification of Agreement. Any modification of this lease agreement or
udditional obligation assumed by either party in connection with this agreement shall be
binding only if evidenced in a writing signed by each party or an uuthori ed repre-
sentative of each party.
37, Waivers. Waiver by lessor gfurty breach of any covenant or duty ofless•ee
under this lease agreement is not a waiver of a breach of any other covenant or duty of
lessee, or of any subsequent breach of the same covenant or duty.
38. Remedies of Lessor Cumulative. The remedies given to lessor in this leave
agreement shall be cumulative, and the exercise of any one remedy by lessor shall not be
to the exclusion ofany other remedy.
39. Time of the Essence. It is specifically declared and agreed that time is of
the essence of this lease agreement.
40. Paragraph Headings. The title to the paragraphs of this lease agreement
are solely for the convenience of the parties and shall not be used to explain. modify',
simplify, or aid in the interpretation o� f'the provisions of this lease agreement.
IN WITNESS WHEREOF, each party to this agreement has caused it to be
executed on the date indicated hereinabove.
LESSEE.
By:.
Title:
LESSOR: —
CITY OF ASPEN, COLORADO
By:
City Manager
01/01/1994 04:30 970-9*478 ASPEN RECREATION• PAGE 08
Reviewed and Approved by:
Approved as ro f7rm:
,Facility Manager
Ciry Attorney's Office
N
01/01/1994 04:30 970-99478 ASPEN RECREATION PAGE 09
E.WMIT "A "
• Due to the public nature of the Red Brick Arts & Recreation Center, Shows held at
the facility must be accessible by ticket to the general public. Any deviation from this
format must be approved in writing.
• Use of the Red Brick Arts & Recreation Center by HBO must be approved in A,,riIing
by the building and fire departments of the Ciry of Aspen,
■ Shows shall not exceed 11: 00 P,M dire to the nature of the residential area the
facility sits within. Any shows exceeding this time must be approved in writing from
the Recreation Director, and the Police Chief,'
01/01/1994 04:30 970-9*47e
ASPEN RECREATION
PAGE 10
A notice shall be sent by mail to all neighbors within 1 block of the Red Arts &
Recreation Center notifying them of the .scheduled shows and times.
• HBO .shall obtain in writing from the Aspen Police Department the approval of
adequate securityfor all shows.
• The Aspen Recreation Department shall operate normal office hours••fi•om the Red
Brick Arts & Recreation Center. Alormal office hours will be defined as 8:00A.M to
5: 00 P.M., Monday through Friday unless otherwise agreed to in writing.
01/01/1994 04:30 970-9*47e ASPEN RECREATION. PAGE 11
2000 U.S COMEDY ARTS FESTIVAL
STANDARD LOCATION ADDENDUM
The undersigned hereby grants to (hereinafter
referred to as "Producer") the right to enter, remain on and to use the property and
adjacent area located at Red Brick Arts & Recrrotion Center. 110 F. Hallam. A-socn..
!CO 81611 (the "Property") for the purpose of filming motion pictures, with the right (but
not the obligation) to exhibit and license others to exhibit all or any part of said scenes in
motion pictures throughout the world. Said permission shall include the right to bring
personnel and equipment (including props and temporary sets) onto said Property, and to
remove the same therefrom after completion of work.
The above permission is granted for one or more days, as may be necessary, for which
the said location is used, commencing on or about Mpuday. February 7. 2000 through
Sundgy. February 13. 2040 (subject to change in case of changes in the production
schedule or weather conditions), and continuing until completion of all filming and work
required. Further, Producer and production personnel may, prior to screenings, visit or
otherwise inspect said Property at reasonable times to plan and set up for screenings.
Producer shall be the sole and exclusive owner of all rights of whatever nature, including
all copyright, in all films, photographs and recordings made of or on said Property.
Producer hereby agrees to hold the undersigned harmless of and from any and all liability
and loss which the undersigned may suffer or incur by reason of any incidents or any
other damage to said Property negligently caused by Producer.
The undersigned does hereby warrant and represent that the undersigned has full right
and authority to enter into this agreement concerning the Property, and that the consent or
permission of no other person, firm or corporation is necessary in order to enable
Producer to enjoy full rights to the use of the Property, and that the undersigned does
hereby indemnify and agree to hold Producer free and harmless from and against any and
all loss, costs, liability, damages or claims of any nature arising from, growing out of, or
concerning a breach of the above warranty.
Producer: The City of Aspen
Title: Title:
Address:
ZoOo �1:5. Coy-tEb��
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE APPLICATION PACKET
Included with this Land Use Application are the following attachments:
1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form
2. Dimensional Requirements Form
3. Description of Minimum Contents of Development Application
4. Description of Specific Contents for Submission of your Application. (may be more than
one attachment depending on number of reviews required)
5. Copy of Review Standards for Your Application. (may be more than one attachment
depending on number of reviews required)
6. General Summary of Your Application Process
7. Public Hearing Notice Requirements Summary
8. Affidavit of Notice
Generally, to submit a complete application, you should fill in the application form and attach to it
that written and/or mapped information identified in Attachments 2-5. Please note that all
applications require responses to the review standards in attachment 5 for that particular
development type. Also note that there may be more than one attachment 4 and 5, depending on
the number of reviews required.
You can determine if your application requires public notice to be given by reviewing Attachment 7
and Table 1. Table 1 will tell you if your application requires notice and in what form the notice
should take place.
We strongly encourage all applicants to hold a pre -application conference with a Planner in
the Community Development Department so that the requirements for submitting a complete
application can be fully described. Also, depending upon the complexity of the development
proposed, submitting one copy of the development application to the Case Planner to
determine accuracy, insufficiecies, or redundancies can reduce the overall cost of materials
and Staff time.
Please recognize that review of these materials does not substitute for a complete review of the
Aspen Land Use Regulations. While this application package attempts to summarize the key
provisions of the Code as they apply to your type of development, it cannot possibly replicate the
detail or the scope of the Code. If you have questions which are not answered by the materials in
this package, we suggest that you contact the staff member assigned to your case or consult the
applicable sections of the Aspen Land Use Regulations.
PROJECT: LAND USE APPLICATION •
APPLICANT:
Name: �f . S eo M Fo S/ AILS-- �ZV4 L
Location: eED 13G�cK S" 8 �EG2EY�-TLe.�! CcJ7�1Q — y y j4�iu!,
(Indicate street address, lot & block number, legal des ription where appropriate)
Name: i o C %_&&yG-
Address: y 1
Phone #: 7o y — 9 3 ► Z
REPRESENTATIVE:
Name: hS Ad e 1.1
Address:
Phone #:
TYPE OF APPLICATION: (please check all that apply):
Conditional Use
Conceptual PUD
❑
Conceptual Historic Devt.
Special Review
Final PUD (& PUD Amendment)
Final Historic Development
Design Review Appeal
Conceptual SPA
Minor Historic Devt.
GMQS Allotment
Final SPA (& SPA Amendment)
❑
Historic Demolition
❑
GMQS Exemption
Subdivision
Historic Designation
ESA - 8040 Greenline, Stream
Subdivision Exemption (includes
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
Lot Split
Temporary Use
Other:
❑
Lot Line Adjustment
Text/Map Amendment
tXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
tl -z4r7 fj 6- C,yH AJ,0rs L v j s P4cC F-a e- 100eFuA*ek S �F
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
w Tb QeAlF A- v r� OE �✓It.12��=2 SE*,fvW cA_0 n A<4` 44 `w "V-A t/J?,E\_"*_ z 0 CA-L
t-V c .
t - t 'o�C
T_f1^1 AA16G 0Ai �y_aGe-P �r-Th *vGUl% CrytN�il7ICs T'C latLC
Have you attac ed t e followin / FEES DIES
❑ Pre -Application Conference Summary
Attachment #1, Signed Fee Agreement peerw� c€ Sc+vco .
Response to Attachment #2, Dimensional Requirements Form 1�m U • "h o i q — ' 3 o P H
❑ Response to Attachment #3, Minimum Submission Contents FBI L 1/, I .—V r j _ ,5 - 30P.^i
❑ Response to Attachment #4, Specific Submission Contents 7 — 8 - 3o P-h
❑ Response to Attachment #5, Review Standards for Your Application z
S'a'f" %IZ
wo 2 /C .
ATTACHMENT 1
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen Development Application Fee Policy
The City of Aspen, pursuant to Ordinance 45 (Series of 1999), has established a fee structure for
the processing of land use applications. A flat fee or deposit is collected for land use applications
based on the type of application submitted. Referral fees for other City departments reviewing
the application will also be collected when necessary. One check including the deposit for
Planning and referral agency fees must be submitted with each land use application, made
payable to the Aspen/Pitkin Community Development Department. Applications will not be
accepted for processing without the required application fee.
A flat fee is collected by Community Development for Administrative Approvals which
normally take a minimal and predictable amount of staff time to process. The fee is not
refundable.
A deposit is collected by Community Development when more extensive staff review is required.
as hours are likely to vary substantially from one application to another. Actual staff time spent
will be charged against the deposit. Several different staff members may charge their time spent
on the case in addition to the case planner. Staff time is logged to the case and staff can provide
a summary report of hours spent at the applicant's request.
After the deposit has been expended, the applicant will be .billed monthly based on actual staff
hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the
case following any hearing or approvals, up until the applicant applies for a building permit.
Current billings must be paid within 30 days or processing of the application will be suspended.
If an applicant has previously failed to pay application fees as required, no new or additional
applications will be accepted for processing until the outstanding fees are paid. In no case will
Building Permits be issued until all costs associated with case processing have been paid.
When the case planner determines that the case is completed (whether approved or not
approved), the case is considered closed and any remaining balance from the deposit will be
refunded to the applicant.
Applications which require a deposit must include an Agreement for Payment of Development
Application Fees. The Agreement establishes the applicant as being responsible for payment of
all costs associated with processing the application. The Agreement must be signed by the
party responsible for payment and submitted with the application and fee in order for a
land use case to be opened.
The current complete fee schedule for land use applications is listed on the reverse side.
ASPEN/PITKIN
COMNI TUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City o• f aspen Development application Fees
CITY OF ASPEN (hereinafter CITY) and _U.S. Co•+i�t/.7 C F�`�T>i��'L
(hereinafter APPLICANT) AGREE AS FOLLOWS:
l . APPLICANT has submitted to CITY an application for
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthlv basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of S V8 a which is for hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review. Such periodic
payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all
costs associated with case processing have been paid.
CITY OF ASPEN
BV:
'&-�, G�
ie Ann Woods
i ommunity Development Director
APPLICANT
By:
Date:
Mailing Address:
ASPEN/PITKIN COMMUNITY DEVELOPMENT
2000 LAND USE APPLICATION FEES
HOURS DEPOSIT
Major
Minor
Staff Approvals
Flat Fee
Exempt HPC
Minor HPC
Significant HPC <1000 sq. ft.
Significant HPC >1000 sq. ft.
Demolition, Partial Demolition, Relocation
Referral Fees - Environmental Health
Major
Minor
Referral Fees - Housing
Major
Minor
Referral Fees - City Engineer
Major
Minor
12 2,310.00
6 1,155.00
480.00
265.00
65.00
480.00
2310.00
2310.00
330.00
170.00
330.00
170.00
330.00
170.00
Hourly Rate 195.00
Project:
Applicant:
Location:
Zone District:
Lot Size:
Lot Area:
ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
(for the purposes of 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:
Number of residential units
Number of bedrooms:
Existing:
Proposed:
Existing:
Proposed:
Existing:
Proposed.•
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area:
Existing:
Allowable:
Proposed:
Principal bldg. height:
Existing:
Allowable:
Proposed:
Access. bldg. height:
Existing:
Allowable:
Proposed.•
On -Site parking:
Existing:
Required.•
Proposed:
% Site coverage:
Existing:
Required:
Proposed.•
% Open Space:
Existing:
Required:
Proposed.•
Front Setback:
Existing:
Required:
Proposed:
Rear Setback:
Existing:
Required:
Proposed:
Combined F/R:
Existing:
Required:
Proposed:
Side Setback:
Existing:
Required:
Proposed.•
Side Setback:
Existing:
Required:
Proposed:
Combined Sides:
Existing:
Required:
Proposed:
Existing non -conformities or encroachments:
Variations requested:
ATTACHMENT 3
MINIMUM SUBMISSION CONTENTS
Applicant's name, address and telephone number, contained within a letter signed by the
applicant stating the name, address, and telephone number of the representative
authorized to act on behalf of the applicant.
2. The street address and legal description of the parcel on which development is proposed
to occur.
3. A disclosure of ownership 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.
4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen.
5. 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. (This requirement, or any part thereof, may be waived by the Community
Development Department if the project is determined not to warrant a survey document.)
ATTACHMENT 4
Specific Submission Contents
Development Application for Temporary Uses
An application for a Temporary Use Permit shall include the following:
1. A sketch plan of the site showing property lines and existing and proposed features
relevant to the temporary use and its relationship to uses and structures in the immediate
vicinity.
2. If the application involves development of a new structure, or expansion or remodeling
of an existing one then proposed elevations of the structure must be provided.
3. Written response to the review criteria (attachment 5).
4. Such other information as deemed necessary by the Planning Director for purposes of
evaluating the application.
atWtempuse.doc
A,T�
•
•
Attachment 5
Review Standards: Application for Temporary Use
Section 26.96.030
When considering a development application for a temporary use, City Council shall
consider, among other pertinent factors, the following criteria as they, or any of them relate thereto.
A. The location, size, design, operating characteristics, and visual impacts of the proposed use.
B. The compatibility of the proposed temporary use with the character, density and use of
structures and uses in the immediate vicinity.
C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic.
patterns, municipal services, noise levels, and neighborhood character.
D. The duration of the proposed temporary use and whether a temporary use has previously
been approved for the structure, parcel, property or location as proposed in the application.
E. The purposes and intent of the zone district in which the temporary use is proposed.
G. How the proposed temporary use will enhance or diminish the general public health, safety
or welfare.
=5\tempuse.doc
•
Attachment 6
One Step Commission or Council Development Review Procedure
1. Attend pre -application conference. During this one-on-one meeting, staff will determine
the review process which applies to your development proposal and will identify the materials
necessary to review your application.
2. Submit Development Application. Based on your pre -application meeting, you should
respond to the application package and submit the requested number of copies of the complete
application and the appropriate processing fee to the Community Development Department.
Depending upon the complexity of the development proposed, Staff may suggest submitting only
one copy. This way any corrections that may be necessary can be accomplished before making
additional copies
3. Determination of Completeness. Within five working days of the date of your
submission, staff will review the application, and will notify you in writing whether the application
is complete or if additional materials are required. Please be aware that the purpose of the
completeness review is to determine whether or not the information you have submitted is adequate
to review the request, and not whether the information is sufficient to obtain approval.
4. Staff Review of Development Application. Once your application is determined to be
complete, a date for the Commission or Council review will be set. Applications are scheduled for
review on the first available agenda given the requirements for public notice.
During the staff review stage, the application will be referred to other agencies for
comments. The Planner assigned to your case or the agency may contact you if additional
information is needed or if problems are identified. The Planner will prepare a review memo which
addresses the proposal's compliance with the Land Use Code and incorporates the referral
comments. The planner will recommend approval, denial or tabling of the application and
recommend appropriate conditions to this action. You will be called to pick up a copy of the memo
and the agenda at the end of the week before your hearing, or we can mail it to you if you so
request.
During the period of staff review, it is essential that public notice be given, when required
for your development application. The requirements for notice of your application are provided in
Attachment 7.
5. Commission or Council Review of Development Application. Your project will be
presented to the Commission or Council at a regularly scheduled meeting. The typical meeting
includes a presentation by staff, a presentation by you or your representative, questions and
comments by the review body and the public, and an action on the staff recommendation, unless
additional information is requested by the review body.
Final approval of any Development Application which amends a recorded document, such
as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of
that document for review and approval by staff. Staff will provide the applicant with the applicable
contents for the revised plat, while the City Attorney is normally in charge of the form for recorded
agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing
these documents until the staff has determined that your application is eligible for the requested
amendment or exemption.
6. Receipt of Building Permit. Once you have received final approval of your development
application, you may proceed to building permit review. During this time, your project will be
examined for its compliance with the Uniform Building Code. It will also be checked for
compliance with applicable provisions of the Land Use Regulations which were not reviewed in
detail during the one step review (this might include a check of floor area ratios, setbacks, parking,
open space and the like). Fees for water, sewer, parks and employee housing will be collected if
due. Any document required to be recorded, such as a plat, deed restriction or agreement, will, need
to be reviewed and recorded before a Building Permit is submitted.
1 stepsumm