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HomeMy WebLinkAboutlanduse case.tu.590 N Mill St.0056.2005.ASLU590 Iv Ni11 St Temporary Use Trailer 7737--0730-0859 Case 0056.2.005.ASLU u r, City of Aspen Community Development Dept. CASE NUMBER 0056.2005.ASLU PARCEL ID NUMBER 2737-07-3-00-859 PROJECT ADDRESS 590 N MILL ST PLANNER SARAH OATES CASE DESCRIPTION TEMPORARY USE TRAILER REPRESENTATIVE CHARLES CUNNIFFE 925-5590 DATE OF FINAL ACTION 11/29/200. CLOSED BY Denise Driscoll ■29/2005 10:16AM NACOL ■DANCE Date 11 /29/2005 To: CITY OF ASPEN AND PITKIN COUNTY Fax Number: 970-920-5439 From: ALLISON 303-361-4000 Pinnacol Assurance Phone Number: 303-361-4009 Subject: Document: UW135 19270631 Policy #: 2208460 Total Pages: 3 Notes: Please contact us if you do not receive any portion of this transmission PAGE 1 OF 3 7501 E. Lowry Blvd. Denver, CO 80230-7006 Phone: 303-361-4000 www.pinnac;ol.com The information contained in this telecopy transmission is confidential or privileged and is intended to be for the use of the individual or entity named on this transmission sheet. If you are not the intended recipient. be aware that any disclosure, copying, distribution or use of the contents of this telecopied information is prohibited. If you have received this telecopy in error, please notify us by telephone immediately so that we can arrange for the retrieval of the original transmission. • • is _ ._............ .. File €dt Record Navigate Form Reports Format Tab Help Liodule Help 11 Clear Conditions j Sub Permits Valuation I Public Comment Attachments Main ( Routing Status 1 Arch/Eng I Parcels I Custom Fields Fees Fee Summary 1 Actions i Routinpiiistory Permit Type Aspen Land Use 2004 PermA p 00%2005ASLU Address 1590 N MILL ST _ Apt/SuAe City JASPEN State To I Zq 18161r 1 Permit Information Master Permit Pouting Queue aslu Applied 07/11/2005 .J Project Status 1pendwv Approved Description TEMPORARY USE TRAILER Issued Find— . � Subttiitt d IMMILIES CUNNIFFE 925.5590 __.....__. Chock Runtirq Daps 9 0 Ewes 07/06Y2006 J i— VWAe on the wet? Permit I D 34971 Owner Last Name ASPEN ART MUSEUM Fist Name Phone I E Met the permit type code F506 E MAIN ST�� [ASPEN CO 81611 View Record2 of a` Y'-5, C" g , ya7-" va-,C-1 • • • DRAFT (b) Discussion of Scoring Following the initial scoring, Commission members shall be free to discuss individual scores and to offer justification for such scores. Staff may make comment during this discussion, but no member of the public or the applicant may be permitted comment. [Existing] (c) Rescoring Following the close of Planning and Zoning Commission discussions regarding initial scoring, a final scoring round will be held, during which each Commission member shall again identify the number of points, expressed as whole numbers, assigned to the project. Planning and Zoning Commission members shall be free to revise the number of points awarded to a project between the preliminary and final scoring rounds. [Existing] (d) Calculation of Final Score After the close of the final scoring round, a project's final average score shall be calculated by: (a) totaling the Commissioners' individual scores; and (b) dividing that total by a number equal to the number of commissioners who participated in the final scoring round. Final average project scores shall be calculated for each of the applicable growth management scoring criteria of Sec. [9-120] and a cumulative score shall be calculated for the criteria as a whole. The final average cumulative score shall constitute the project's final score. [Existing] (e) Ranking of Applications Projects shall be ranked in order of their final average scores. [Existing] (0 Tie -Breaking In the event of a tie in the scoring of any applications, the Planning and Zoning Commission may consider the additional creative bonus point provided in Sec. [9- 120-036(C)] to break a tie. [Existing] (g) Forward Ranking and Final Score to Board of County Commissioners The ranking of the development applications and calculation of the final Planning and Zoning Commission score shall then be forwarded by resolution to the Board. [Existing] Pitkin County, Colorado Chapter 2: Review and Approval Procedures Clarion Associates — Alan Richman PUBLIC DRAFT 67 July 2005 0 • Vill MEMORANDUM TO: Mayor and City Council THRU: Chris Bendon, Community Development Director qw? FROM: Sarah Oates, Zoning Officer DATE: September 12, 2005—Continued from August 22, 2005 RE: Temporary Use Permit for the Aspen Art Museum —Use of Temporary Structure for Offices SUMMARY: Charles Cunniffe Architects, representing the Aspen Art Museum, are requesting a Temporary Use Permit to allow a temporary structure to be installed adjacent the northwest corner of the current museum building. The trailer will be used as two office spaces for museum staff while the museum finalizes plans for creating additional office spaces within the existing structure. The proposal is for one year although Council will need to approve a one hundred and eighty day (180) permit and an extension for an additional one hundred and eighty days (180). The City of Aspen is the owner of the subject property and leases the building and site to the Aspen Art Museum. Nothing in the lease prohibits the addition of a temporary structure on the lot. As owners of the property, City Council has broader latitude in reviewing this request. In addition to the temporary use criteria, City Council should consider whether this is appropriate use of City property. After further discussion following the August 22, 2005 hearing several issues have been clarified. First, the applicant is developing plans to incorporate two office spaces within the existing building during the next year so that the proposal for the trailer will not be indefinite. Further, the Council does have the ability to deny any future temporary use requests for similar proposals should the temporary structure start to evolve into a more permanent structure. Second, the applicant would prefer not to create additional parking spaces as shown on the original site plan that was submitted and the proposal is to leave the parking configuration "as is." Finally, Brian Flynn from the Parks Department has done a site visit and has determined that all of the trees that are to be removed are in poor health and that no mitigation would be required for their removal. The Parks Department also does not want any site excavation and Condition #4 reflects this requirement. Community Development Department staff believes this application meets the review criteria and recommends approval of the installation of the temporary structure with conditions. APPLICANT: Charles Cunniffe of Charles Cunniffe Architects, representing the Aspen Art Museum. The parcel is owned by the City of Aspen. LOCATION: 590 N. Mill Street. ZONING: Low Density Residential (R-30) with a Planned Unit Development (PUD) Overlay. CODE CRITERIA FOR TEMPORARY USE: Section 26.450.050 allows City Council to grant a temporary use of up to one hundred eighty (180) days. As provided for in that subsection, all proposed extensions of a temporary use should be evaluated under the same criteria as set forth in Sections 26.450.030 and 26.450.040. CODE CRITERIA: The following criteria must be considered for the review of the temporary structure: A. The location, size, design, operating characteristics, and visual impacts of the proposed use. Staff Findinp,: The proposed temporary structure will be 8' x 28' and used for two offices. The trailer will be between Spring Street, where it turns off of Gibson Avenue, and the existing museum building. The trailer will be visible from Spring Street and Gibson Avenue. B. The compatibility of the proposed temporary use with the character, density and use structures and uses in the immediate vicinity. Staff Finding: The trailers are not expected to create any character or density problems for the area. C. The impacts of the proposed use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. Staff Finding: The trailer will not impact traffic patterns as it is not located on a street nor will it impede traffic accessing Spring Street. The trailer will also not impact municipal service or noise levels. Staff is not concerned about the short-term impact on the neighborhood character but it must be emphasized this proposed shall be temporary. Long-term installation of the • • temporary structure on the site would have a negative impact on the neighborhood character and the integrity of the historic building. 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: The applicant is requesting approval by the City Council to install the temporary structure for no more than one (1) year. Council is only able to approve Temporary Use Permits for one hundred and eight days (180) with an extension of an additional one hundred and eight (180) days. The parking on the site will not be changed or affected. No new employees are proposed so no new parking demands are generated by the temporary building. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Finding: The purpose of the R-30 zone district is long-term residential. Art, Civic and Cultural Uses, such as a museum, are permitted as a conditional use. 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: There are no changes in the surrounding land uses that would prohibit this operation. G. How the proposed temporary use will enhance or diminish the general public health, safety, or welfare. Staff Finding: The temporary use will not impact the public health, safety or welfare. RECOMMENDATION: Staff is recommending approval of a the installation of a temporary structure for two offices at the Aspen Art Museum, 590 N. Mill Street, with the following conditions: The temporary use is valid from September 12, 2005 to March 10, 2006 with an extension from March 10, 2006 until September 8, 2006. 2. The applicant shall seek and receive any necessary building permits for the installation of the temporary structure and be in compliance with all applicable building, fire safety and utility codes. This shall include the installation of a ramp to provide the necessary accessibility. 0 The applicant shall work with the Parks Department if any native vegetation is to be removed and/or disturbed. 4. No earthwork shall be done to level the site. The temporary structure shall be leveled with the supports. No disturbance of the hillside should occur beyond that of the footprint of the temporary structure. All material representations made in the application and in the hearing by the applicant and the applicant's representative shall be considered conditions of approval, unless amended by other conditions. RECOMMENDED MOTION: "I move to approve the request for a temporary use permit for the purpose of installing a temporary structure to house two offices for the Aspen Art Museum at 590 N. Mill Street from September 12, 2005 to March 10, 2006 and grant an extension of the temporary use permit from March 10, 2006 until September 8, 2006 with conditions as noted in Resolution No. 05-4b, Series of 2005." 4 MEMORANDUM \It%%+ TO: Mayor and City Council THRU: Chris Bendon, Community Develo pent Director Joyce Allgaier, Deputy Director /l— FROM: Sarah Oates, Zoning Officers DATE: August 22, 2005 RE: Temporary Use Permit for the Aspen Art Museum —Use of Temporary Structure for Offices SUMMARY: Charles Cunniffe Architects, representing the Aspen Art Museum, are requesting a Temporary Use Permit to allow a temporary structure to be installed adjacent the northwest corner of the current museum building. The trailer will be used as two office spaces for museum staff while the museum finalizes plans for creating additional office spaces. The proposal is for one year. The City of Aspen is the owner of the subject property and leases the building and site to the Aspen Art Museum. Nothing in the lease prohibits the addition of a temporary structure on the lot. As owners of the property, City Council has broader latitude in reviewing this request. In addition to the temporary use criteria, City Council should consider whether this is appropriate use of City property. Community Development Department staff believes this application meets the review criteria and recommends approval of the installation of the temporary structure with conditions. APPLICANT: Charles Cunniffe of Charles Cunniffe Architects, representing the Aspen Art Museum. The parcel is owned by the City of Aspen. LOCATION: 590 N. Mill Street. ZONING: Low Density Residential (R-30) with a Planned Unit Development (PUD) Overlay. CODE CRITERIA FOR TEMPORARY USE: Section 26.450.050 allows City Council to grant a temporary use of up to one hundred eighty (180) days. As provided for in that subsection, all proposed extensions of a temporary use should be evaluated under the same criteria as set forth in Sections 26.450.030 and 26.450.040. CODE CRITERIA: The following criteria must be considered for the review of the temporary structure: A. The location, size, design, operating characteristics, and visual impacts of the proposed use. Staff Finding: The proposed temporary structure will be 8' x 28' and used for two office. The trailer will be between Spring Street, where it turns off of Gibson Avenue, and the existing museum building. The trailer will be visible from Spring Street and Gibson Avenue. B. The compatibility of the proposed temporary use with the character, density and use structures and uses in the immediate vicinity. Staff Finding: The trailers are not expected to create any character or density problems for the area. C. The impacts of the proposed use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. Staff Finding: The trailer will not impact traffic patterns as it is not located on a street nor will it impede traffic accessing Spring Street. The trailer will also not impact municipal service or noise levels. Staff is not concerned about the short-term impact on the neighborhood character but it must .be emphasized this proposed shall be temporary. Long-term installation of the temporary structure on the site would have a negative impact on the neighborhood character and the integrity of the historic building. 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: The applicant is requesting approval by the City Council to install the temporary structure for no more than one (1) year. Council is only able to approve Temporary Use Permits for up to one (1) year. The parking on the site will not be changed or affected. No new employees are proposed so no new parking demands are generated by the temporary building. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Finding: The purpose of the R-30 zone district is long-term residential. Art, Civic and Cultural Uses, such as a museum, are permitted as a conditional use. • E 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: There are no changes in the surrounding land uses that would prohibit this operation. G. How the proposed temporary use will enhance or diminish the general public health, safety, or welfare. Staff Finding: The temporary use will not impact the public health, safety or welfare. RECOMMENDATION: Staff is recommending approval of a the installation of a temporary structure for two offices at the Aspen Art Museum, 590 N. Mill Street, with the following conditions: The temporary use is valid from August 22, 2005 to August 22, 2006. 2. The applicant shall seek and receive any necessary building permits for the installation of the temporary structure and be in compliance with all applicable building, fire safety and utility codes. This shall include the installation of a ramp to provide the necessary accessibility. The applicant shall work with the Parks Department if any native vegetation is to be removed and/or disturbed. 4. All material representations made in the application and in the hearing by the applicant and the applicant's representative shall be considered conditions of approval, unless amended by other conditions. RECOMMENDED MOTION: "I move to approve the request for a temporary use permit for the purpose of installing a temporary structure to house two offices for the Aspen Art Museum at 590 N. Mill Street fro August 22, 2005 to August 22, 2006 with conditions as noted in Resolution No. 05Z Series of 2005." Attachments: Exhibit A —Application • • RESOLUTION NO. (Series of 2005) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING A TEMPORARY USE PERMIT TO FOR THE INSTALLATION OF A TEMPORARY STRUCTURE TO BE USED FOR OFFICES AT THE ASPEN ART MUSEUM, 590 N. MILL STREET, ASPEN, COLORADO Parcel ID 2735-073-00859 WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, the Aspen Art Museum, represented by Charles Cunniffe of Charles Cunniffe Architects has submitted an application for a Temporary Use Permit to allow the temporary installation of a temporary structure to house two (2) offices for the Aspen Art Museum located at 590 N. Mill Street; and, and, WHEREAS, the Applicant requests this use from August 22, 2005 to August 22, 2006; WHEREAS, Community Development reviewed the temporary use application and recommends that the City Council approve the temporary use permit with conditions; and, WHEREAS, City Council finds that the proposed temporary use is not inconsistent with the character and existing land uses of the surrounding parcels and neighborhood and that granting the temporary use permit will not adversely impact the neighborhood; and, WHEREAS, City Council finds that granting the temporary use permit will further the public interest and welfare in the Aspen area which is also consistent with the uses permitted in the underlying zone district. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1 In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby grant the Aspen Art Museum, a temporary use permit to install a temporary structure to be used as two offices for the Aspen Art Museum with the following conditions: The temporary use is valid from August 8, 2005 to August 8, 2006. Resolution No. , Series of • Page 2 2. The applicant shall seek and receive any necessary building permits for the installation of the construction trailer. This shall include the installation of a ramp to provide the necessary accessibility. 3. The applicant shall work with the Parks Department if any native vegetation is to be removed and/or disturbed. 4. All material representations made in the application and in the hearing by the applicant and the applicant's representative shall be considered conditions of approval, unless amended by other conditions. APPROVED, August 22, 2005, at a public hearing before the City Council of the City of Aspen, Colorado. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk John Worcester, City Attorney • 0 10�0 CHARLES 10�0 ARCHITECTURE PLANNING INTERIORS Charles L. Cunniffe, AIA Principal Janver C. Derrington, ALA Principal June 21, 2005 CUNNIFFE ARCHITECTS City of Aspen Temporary Use Application The Aspen Art Museum is applying for a temporary use permit for an office trailer. They would like to move two off -site office personnel from the Red Brick School on site to the Existing Art Museum. The current building is not large enough to accommodate the number of staff required on site. We are proposing an 8 x 28 temporary office trailer on a minor leveling pad with electrical and telephone hook ups. We are proposing to locate it adjacent to the North-west corner of the existing building. We feel that this location will have the smallest amount of impact on the site. We are also proposing a small gravel addition to the existing concrete parking lot to help offset the need for parking. However, since the new relocated staff is already in the city (Red Brick Building) there shouldn't be any additional parking required by the new staff members since they walk to work rather than commute. Thank you for your consideration, Sincerely, Char MI.Cunniffe, AIA Principal 610 EAST HYMAN AVE ASPEN, CO 81611 970.925.5590 fax: 970.925.5076 info(acunniffe.com www.cuniffe.com ASPEN a CARBONDALE a STEAMBOAT SPRINGS ATTACHMENT 2 —LAND USE APPLICATION APPLICANT: Name: A�-r t-LejM Location: M I L�_ (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2-G77 — 0_7 — QgSq REPRESENTATIVE: �j QLWI EFE Name:AI�CS Address: G Jd 5 PgMA , Phone #: G]ZGl _55cj p PROJECT: Name: A gr rA U,�-,n1 A Address: KA. i LA_ Phone#: QJc o 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 EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) E�1111-16 1�6� AEL to t h, �Ut-A PROPOSAL: (description of proposed buildings, uses, modifications, etc.) '�i')("Z� _M--7 NI FLg�� JE I SE TELLER Ha you attached the following? FEES DUE: S Pre -Application Conference Summary e ttachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form [Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. son JUN. 6. 2005 4:14PM OtiOMMUNITY DEK-LOPMEN T NO, 2267 P. 1 ■ ■ns ■ ■■ • _. CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY '-�LANNER: James Lindt, 429-2763 DATE 6/6/05 PROJECT: Art Museum Temporary Use REPRESENTATIVE: Charles CunnifTe OWNER: Art Museum Board TYPE OF APPLICATION: Temporary Use, GMQS Exempt Development for a Temporary Use DESCR1PT101M The perspective applicant would like to erect a modular bui [ding of approximately 225 square feet for 6 months to act as temporary office spaces for two art museum employees that will be relocated from the Red Brick Arts Building to help with coordinating expansion plans to the Art Museum. Land Use Code Section(s) 26.460 Temporary Use. 26.470.040(A)(8) Exempt Development: Temporary Uses and Structures. Review by, Staff for recommendation, Historic .Preservation Officer (possibly the HPC) for referral continents since the site is designated to the Inventory of Historic Sites and Structures, Development Review Committee (DRC) for technical considerations, City Council for final 'deterinination. Public Hearing: Yes, at City Council. Applicant must post property and mail notice at least 15 days prior to hearing. Applicant will need to provide proof of posting and mailing with an of at the public hearings. Referral Agencies: Engineering, Parks, Building Department_ Planning Fees: Planning Deposit, Minor ($1,320 for 6 hours of staff time) Referral Agency Pees: Engineering Minor of S 190 Total Deposit: $1,510 (additional Staff Planner hours are billed at a rate of $220/hour) Total Copies: 20 Copies of Application To apply, submit the following information: l . Total deposit for review of the application. 2. Proof of ownership_ 3, Signed fee agreement. 4. Completed Land Use Application. 5. AppJicant'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_ 6_ 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. 7. Proposed elevations. 8. Site Improvement Survey. 9. Proposed Site Plan. 10. Proposed Grading flan. 11. An 8 1/2." by I I" 'vicinity map locating the parcel within the City of Aspen. J 2. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed 13. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD) -preferred, 'Lip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. U 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_ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Citv �of .Aspen Development Application Fees 1' CITY OF ASPEN (hereinafter CITY) and i -,�E� n. Ar+ 4ws N ✓l� � (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICAIN I has submitted to CITY an application for (hereinafter, THE PROJECT)_ 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) 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. APPLICAANT 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 fiu-ther 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 monthly 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 $_ t. 6 L 0 which is for (o 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 at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments sball 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 By:, Chris Bendon Community Development Director gAsupport\forms\agrp ay as.d o c 1/10/01 APPLICANT By: j'bay"'a Co j Date: 7• Ds, ;�Do 5 Mailing Address: A:ae,m 4-y-f- kas]itsm 5go �J o r*h AsPe" 00 ASPEN ART MUSEUM j 590 N. Mill St. Aspen CO 81611 tel. 970.925.8050 fax 970.925.8054 www.aspenartmsueum.org July 8, 2005 City Council City of Aspen 130 S. Galena Aspen, CO 81611 Dear Aspen City Council Members; As you know, the Aspen Art Museum is planning a building expansion sometime in the near future. While we still have a lot of work to do before initiating a capital campaign, we are in immediate need of additional office space. We have survived with our current office space of 900 square feet by utilizing satellite office spaces and outsourcing whenever possible. With the arrival of our new Director, we would like to bring all AAM staff functions in house in order to maximize our efficiency. This will require thirteen workspaces. We considered several options to create additional office space without cannibalizing any of our current exhibition space. Our options were limited due the historic status of the museum and budget constraints. We believe our best solution is to utilize a modular office on the museum grounds until we complete our building expansion. Attached is our temporary use application for your consideration. Additionally, we would like to request a waiver of the $1,510 application fee given that we are a non profit organization located on City of Aspen property. Benton construction has offered to donate a remodeled temporary construction office to the museum. Consequently, your assistance in expediting the approval process will be greatly appreciated. If you have any questions regarding the application, please contact Jason Oldfather at Charles Cunniffe Architects at 925-5590. Any questions regarding museum operations should be directed to Dara Coder at the Aspen Art Museum at 925-8050. We are very hopeful that you will give our request your favorable consideration. Respectfully Submitted, Dara Coder Assistant Director for Finance and Administration VICINITY MAP 20 ASPEN ART MUSEUM CHARLES CUNNIFFE ARCHITECTS TEMPORARY USE www.cunniffe.com 590 N. MILL SMREE ASPEN. COLORADO 610 EAST HYMAN AVE. • ASPEN, CO 81611 • TELL' 97092i-i590 • FAX 9709?0-/557 19M PC90W _ SIT' • 5,-E-80AT 5-a. CO l096) TF MM 90 LE; 9M75 590 •FAX 976875 . No N© • ASPEN ART MUSEUM 590 N. MILL ST ASPEN CO 81611 TEL 970.925.8050 FAX 970.925.8054 ASPENARTMUSEUM.ORG 8/31 /05 City of Aspen, Colorado 130 South Galena Street Aspen, Colorado 81611 Attention: City Attorney SEP 0 2 2005 ASPEN BUILDING DEPARTMENT AUG In accordance to section 9 of our lease with the City of Aspen please let this serve as written notice of the Aspen Art Museums intention to commence improvements in excess of $10,000.00 on museum grounds. Attached is a copy an estimate provided by Crystal Construction which outlines the proposed work on the museum's bridge located on Spring St. Currently, the bridge is in a state of disrepair and is in dire need of revamping. A new bridge will provide us with safer access. Heath Johnson Facilities Manager Aspen Art Museum • Job Address: 690 N. Mill Street Asper, Colorado 31611 'Contact: Nicole Phone: • ��I�IG� �llf���" e��� 925-6050 DESCRIPTION OF SERVICE: 1) Entire replacement of rear bridgelvamp: Materials: 2 5x14x30 laminated gluelams 17 - 2x8 joists w/hangers (34) 10 - bolts/lag shields (tie-ins to existing concrete) 17 - 2x6x30' decking & 2 - 2x6x30' handrails Cost of materials: $ 4,132.00 Cost of labor (crane cost included): $9,332.00 TOTAL: $13,646.00 2) Repair of e;dstong rear bridge/Tamp: Materials: 17 - 2x6x30 decking 10 - bolts/lag shields (tie-ins to existing concrete) 2 - 5 3-sided metal caps to cover ends of rotted gluelam wood Cost of materials: $ 1,145.00 Cost of labor: $3,222.00 TOTAL: $ 4,365.00_ Any work requested not on this proposal will be billed by time and material cost. Rates available on request PROPOSAL ACCEPTANCE Crystal Construction is pleased you have accepted our proposal. We require a 50% deposit to lock -in your work schedule and 50% upon completion of your job. Your signature below signifies acceptance of the proposal above. Any outstanding balances shall be paid by the 10'' of the month following completion of irrork. Past due accounts will be subject to service charges of 1.5% per month, as well as attorney fees and filing costs. NAME SlG6ZlATURE ®ATE 1090 Valley Road 0 Carbondale, Colorado 81623 ' 970'640.9600 ° 970.704.1999 Fax 0 crystaIcon struction.net ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: �i SLR , Aspen, CO SCHEDULED PUBLIC HEARING DATE: �� 9200 STATE OF COLORADO ) ) ss. County of Pitkin ) I, "-- � CA LLA _� % CYE (name, please print) or being representmg 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) of the Aspen Land Use Code in the following manner: _V-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. Posting of notice: 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 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mai -ling 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns 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 of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) 0 • 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 has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ignature The foregoing "Affidavit of Notice" was acknowledged bef re me this 5 day of , 200S by c, � WITNESS MY HAND AND OFFICIAL SEAL My commission expires: PUBLIC NOTICE RE: TEMPORARY USE PERMIT REQUEST BY THE ASPEN ART MUSEUM NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 8, 2005. at a meeting to begin at 5:00 p.m. before the As- pen City Council, Council Chambers, City Hall. 130 S. Galena St., AsWn, to consider an applica- tion submitted by Charles Cunniffe Architects. on behalf of the Aspen Art Museum requesting a temporary use permit for the installation of a construction trailer for use a offices for the muse- um. The permit shall not exceed twelve (12) months. For further information, contact Sarah Oates at the Cli • of Aspen Community Develop- ment Department, 130 S. Galena St., Aspen, CO 970.429.2767, (or by email at saraho®ci.aspen.co: vs). s/Helen Kalin Klanderud, Mayor Aspen City Council Published in the Aspen Times Weekly on July 24, 2005.(2905) n vz OGRAPH OF THE POSTED NOTICE (SIGN) Notary Public ATTACHMENTS: COPY OF THE PUBLICATION SP��P-H PATES ' 0 N '. OF .GOO LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYAWL AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 5 I O N �"� ' I I '�4 . __,Aspen CO SCHEDULED PUBLIC HEARING DATE: Z Z , 2005 STATE OF COLORADO ) SS. County of Pitkin ) I, A e q`i' �T—C> 1^ ^ S " _ (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) of the Aspen Land Use Code in the following manner: 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. ?Y�9_ Posting of notice: 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 in a conspicuous place on the subject property at least fifteen (15) days rior to the public hearing and was continuously visible from the -2 day of l-!ys , 200� to and G 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 of property within three hundred (300) feet of the property subject to the development application, and, 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns 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 of the public hearing. A copy of the owners 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 has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this Apay of , 200,7 'by WITNESS MY HAND AND OFFICIAL SEAL ATTA COPY OF THE PUBLICATION My Commission Exoes )/-710, S PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • Sunday, July 24, 2005 • Aspen Times VA Public Notice 167 PUBLIC NOTICE Notice of Public Trustee's Sale Public Trustee Sale No. 05-11 To Whom It May Concern: Grantor: Mona Hayles long Trust Original Beneficiary of Deed of Trust: Pitkin County Bank & Trust a/k/a "Vectra Bank Colorado, National Association" f Current Owner of the Evidence of Debt secured by the Deed of Trust: Vectra Bank Colorado, National Association Date of Deed of Trust: 5/4/1998 Recording Date of Deed of Trust: 5/27/1998 County of Recording: Pitkin Reception No. of Recorded Deed of Trust 417292 YOU ARE HEREBY NOTIFIED that the legal owner of an Evidence of Debt dated 5/5/1998, in the original principal amount of $300,000, which is secured by the Deed of Trust described above, has filed a written Notice of Election and Demand for Sale, as provided in said Deed of Trust. The outstanding principal balance (exclusive of Inter- est and any other charges properly allowable Un- der the document(s) evidencing said debt) due and owing upon the Evidence of Debt secured by the above -described. Deed of Trust being Fore- closed was $164,405.96 as of 6/21/05. The following -described property is all of the property encumbered by Bald Deed of Tryst: Townhouse Condominium Unit 18, Villa of Aspen Townhouses, According to the Condominium Map Thereof filed October 24, 1972, in Plat Book 4 at Page 296 and amended May 9, 1989, in Plat Book 22 at Page 52, And September 22, 1997 in Plat Book 43 at Page 65 and according to the Con- dominium Declaration Recorded October 24. 1972. In Book 268 at Page 81, Amended May 9,1989. in Book 592 at Page 39, and April 26, 1994 in Book 748 at Page 737. Together With a with all existing or subsequently erected or affixed buildings, improvements and fixtures, all easements, rights of way and appurte. nances, all water, water rights and ditch rights (including stock In utilities with ditch or irriga- tion rights) and all other rights, royalties, and profits relating to the real property including without limitation all minerals, oil, gas geother- mal and similar matters, County of Pitkin, State of Colorado. The properly being foreclosed is also known as: 100 North 8th St. Unit 18, Aspen, CO 81611 THE LIEN OF THE D® OF TRUST BEING FORECLOSED MAY NOT BE A RM LE M. THEREFORE, NOTICE IS HEREBY GIVEN that I stall, at 10-00 a.m. on September 7, 2005, at 506 E Main, Aspen, CO 81611, sell, at public auction to the highest and best bidder for cash, the property described above and all interest of said Grantor, the heirs, successors and assigns of said Grantor, for the purpose of paying the in- debtedness provided in said Evidence of Debt and Deed of Trust, attorneys' fees, and the ex- penses of sale, and shall deliver to the purchaser at said sale a Certificate of Purchase, all as pro- vided by law and the terms of said Deed of Trust. DATED this day of July 14, 2005. Thomas Carl Oken, Public Trustee County of Pitkin, State of Colorado By Carol L Foote Deputy Public Trustee First Publication Date: July 24, 2005 Last Publication Date: August 21, 2005 ATTORNEYS FOR CURRENT OWNER OF EVIDENCE OF DEBT: CASTOR & ASSOCIATES, P.C. Attn.: Dennis E. Baker 743 Horizon Ct. Suite 204 Grand Junction, CO 81506 (970) 242-9012 Published in the Aspen Tunes Weekly on July 24, 31, August 7, 14. 21, 2005. (2880) PUBLIC NOTICE RE: 990 GIBSON AVENUE- MAJOR HPC DF.VFI f)PMF.NT if ONfFPT71A 11 PUBLIC NOTICE NOTICE OF PUBLIC TRUSTEE SALE No. 05-10 WHEREAS, Douglas A Michalowski, Gran- tor(s), by deed of trust dated June 3.1999, and re- corded June 29. 1999 as Reception No. 432788 in the records of Pitkin County, Colorado, conveyed to the Public Trustee in Pitkin County, the follow- Ing described real property In Pitkin County, to wit Lot B, Ferguson Subdivision Exception and P.U.D. Amendment Plat, According to the Plat Thereol, Recorded April 30. 1986 in Plat Book 18 at Page 66 as Reception No. 277623, County of Pitkin, State of Colorado Also known as street and number: 1230 East Cooper Avenue, Aspen, Colorado 81611 Said real property is all of the real property currently encumbered by the lien of the deed of trust, however, property other than the real property described above, Including, but not Itm- tied to, personal property, also may be encum- bered by the deed of trust. Said deed of trust se- cures a promissory note of even date therewith for the original principal amount of $164,250.00 payable to the order of Washington Mutual Bank, FA on the terms set forth in said note and deed of trust; and As Required By C.R.S. 24-70-109, We Hereby Notify You That The Above Described Deed Of Trust Being Foreclosed "May Not Be A First Lien" WHEREAS, EMC Mortgage Corporation, the legal holder of said note and deed of trust has filed written election and demand for sale as pro- vided in said deed of trust. The outstanding prin- cipal balance due currently Is $154,345.70. THEREFORE, notice hereby is given that at 10:00 o'clock in the forenoon of August 24, 2005, at the front stairs of the Pitkin County Court- house, 506 E Main, Aspen, Colorado, I will sell at public auction the said real property and all in- terest of said Grantor, Grantor's heirs and/or suc- cessors and assigns therein to the highest and best bidder for cash for the purpose of paying the indebtedness provided In said note and deed of trust, attorneys' fees, the expenses of sale and all other charges allowed by law, and will deliver to the purchaser(s) a certificate of purchase, all as provided by law. First Publication: July 10, 2005 Last Publication: August 7, 2005 PUBLISHED IN: The Aspen Tunes BERENBAUM, WEINSFBENK & EASON, P.C. Charles A. Bewley 370 17th Street, Suite 4800 Denver, Colorado 80202-5698 303VS 08W Loan No. 0002967404 Public Trustee For Pitkin County, State Of Colorado BY: Carol L. Foote, Deputy Public Trustee Dated: July 5, 2005 Published in he Aspen Times Weekly on July 10, 17, 24, 31, August 7, 2005. CM1) PUBLIC NOTICE RE: TEMPORARY USE PERMIT REQUEST BY THE ASPEN ART MUSEUM NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 8, 2005, at a meeting to begin at 5:00 p.m. before the As- pen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an applica- tion submitted by Charles Cunniffe Architects, on behalf of the Aspen Art Museum requesting a temporary use permit for the installation of a construction trafler for use a offices for the muse- um. The permit shall not exceed twelve (12) months. For further information, contact Sarah Oates at the City of Aspen Community Develop- ment Department, 130 S. Galena St., Aspen, CO 970.429.2767. (or by email at saraho®ci.aspen.co.us). s/Helen Kalin Klanderud, Mayor Aspen City Council Published in the Aspen Times Weekly on July 24, 2005.(2905) PUBLIC NOTICE ORDINANCE NO.33 (SERIFS OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION FOR A HISTORIC LANDMARK LOT SPLIT AT 604 W. MAIN STREET. LOTS Q, R, AND S, BLOCK 24 CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID #:2735-12444-008 WHEREAS, the applicant, 604 West LLC, represented by Alan Richman Planning Services, has requested a Historic landmark Lot Split for the property located at 604 W Main Street, Lots Q, R, and S, Block 24, City and Townsite of Aspen, Colorado; and WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Municipal Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D.), which are as follows: 26.480.030(A)(2), Subdivision Exemptions, Lot Split The split of a lot for the purpose of the develop- ment of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: a) The land is not located in a subdivision ap- proved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adop- tion of subdivision regulations by the City of As- pen on March 24, 1969; and b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Anv lot for which development is proposed will mitigate for afford- able housing pursuant to Section 26.100.040(A)(1)(c). c) The lot under consideration, or any part there- of, was not previously the subject of a subdtvi- sion exemption under the provisions of this chap- ter or a "lot split" exemption pursuant to Section 26.100.040(C)(1)(a);and d) A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the of- fice of the Pitldn County clerk and recorder after approval, Indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable appro- vals pursuant to this chapter and growth man- agement allocation pursuant to Chapter 26.100. e) Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat Invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. f) In the case where an existing single-family dwelling occupies a site which Is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. g) Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a du- plex and a single-family home; and 26.480.030(A)(4), Subdivision Exemptions, Histor- ic landmark Lot Split The split of a lot that is listed on the Aspen lnven- tory of Historic landmark Sites and Structures for the development of one new single-family dwelling may receive a subdivision exemption If it meets the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R6, R-15, R-15A, RMF, or MU zone district. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdi- vision Exemption Plat. In the Mixed Use zone district, the following shall apply to the calculation of maximum floor area for lots created through the historic landmark lot Jam and Smudge Free Printing www.averycom w AVERY0 51600 . Use Avery® TEMPLATE 5160® • 1-800-GO-AVER ADRIANCE FRANKLIN III P ASPEN CONSOLIDATED SANITATION BELL ANTHONY R 0155 LONE PINE RD #B7 565 N MILL ST PO BOX 449 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 BERG JESSICA J BEYER ALAN R BLISSFUL LLC JAY MATTHEW J 410 N MILL ST #B11 60 E 42ND ST STE 1912 PO BOX 12333 ASPEN, CO 81611 NEW YORK, NY 10165 ASPEN, CO 81612 BRADY SUSAN L CITY OF ASPEN COLORADO PROPERTIES LTD 155 LONE PINE RD APT A7 130 S GALENA ST C/O KLEIN & BARENBLAT ASPEN, CO 81611-1587 ASPEN, CO 81611 504 MILAM BUILDINGSAN ANTONIO, TX 78205 COULOMBE RICHARD CROWN LAURIE J DALY GLENN A 0155 LONE PINE RD UNIT B-8 414 N MILL ST DALY CAROL CENTER ASPEN, CO 81611 ASPEN, CO 81611 0155 LONE PINE RD C-11 RIVER BLUFF TH ASPEN, CO 81611 DETURRIS MONICA ELLIOT BLAIR S ETHERIDGE MARY KATHERINE PO BOX 944 0155 LONE PINE RD A-11 PO BOX 1462 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 FARSON ELIZABETH L GARWOOD JANET GINSBERG JEROME D PO BOX 10602 PLETTS SARAH A AS JT TENANTS C/O LANSCO CORP ASPEN, CO 81612 PO BOX 3889 575 LEXINGTON AVE STE 1600 ASPEN, CO 81612 NEW YORK, NY 10022 GINSBURG FRANCES GODWIN GAYLE A GOLDSTEIN DEBRA 306 W 7TH ST STE 506 PO BOX 10776 155 LONE PINE RD APT Al FORT WORTH, TX 76102 ASPEN, CO 81612 ASPEN, CO 81611-3281 GUFFEY JAMES R GUILTINAN JOHN F JR & HELEN C HANLE GREGORY L & CYNDY REID PO BOX 2158 TRUSTEES12 RUE DEAUVILLE 0155 LONE PINE RD #A19 ASPEN, CO 81612 NEWPORT BEACH, CA 92660 ASPEN, CO 81611 HEATH JESSE B JR & HETTA S HOROWITZ JAMES M INGRAM PAULINE E 606 N SPRING ST 110 E HALLAM SUITE 104 0155 LONE PINE RD A-3 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 KIRSHEN VITASHKA KUBASIEWICZ E MICHAEL LASSER JASON M 0155 LONE PINE RD A-5 PO BOX 10416 155 LONE PINE RD #A1 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611-1537 A113AV-0"08-11, 009LS jpege6 ai zasiiimn @09L5 pAMBAd o wori(Jane-iwu►nn apideJ 86e438s g 1a 96eJJnogi;ue uolssaJduH Jam and Smudge Free Printing wwwvery.co Q AVERY® 51600 Use Avery® TEMPLATE 51600 • .a 1-800-GO-AVEIV LIPSEY WILLIAM S LONE PINE UNIT 10 LLC MACDONALD SHIRLEY M & PAUL V C/O SHAMIE SAM MGR 414 N MILL ST 0155 LONE PINE RD A-2 ASPEN, CO 81611 26111 W 14 MILE RD #LL4 ASPEN, CO 81611 FRANKLIN, MI 48025 MARTIN MICHAEL S MARZIALE ANTONIO MILL STREET VENTURE LLC 4150 IRVING PL C/O HEPTAGON CAPITAL MGMT PO BOX 1112 CULVER CITY, CA 90232-2812 1300 POST OAK BLVD CRESTED BUTTE, CO 81224 HOUSTON, TX 77056 MOCKLIN PETER & MONICA M ONEILL MARIE D ORTEGA G RICHARD PO BOX 807 2302 ST CHARLES AVE #3A 414 N MILL ST ASPEN, CO 81612 NEW ORLEANS, LA 70130 ASPEN, CO 81611 PARKS CAROL PEGOLOTTI DELLA J PEMBER SARAH P & WILLIS 200 NEWBURY ST VICKERY JACK H PO BOX 8073 BOSTON, MA 02116 PO BOX 2656 ASPEN, CO 81612 ASPEN, CO 81612 PHILLIPS DAVID C & ALEXANDRA M PITKIN COUNTY PITT MURRAY C PO BOX 11449 530 E MAIN ST STE 302 2000 TOWNCENTER STE 1350 ASPEN, CO 81612 ASPEN, CO 81611 SOUTHFIELD, MI 48075 PLATEK PETER PORTER BARRY GRAHAM PULLIS JONATHAN & REBEKAH 0155 LONE PINE RD #Al7 4229 EDMONDSON AVE 0155 LONE PINE RD #14 ASPEN, CO 81611 DALLAS, TX 75205-2701 ASPEN, CO 81611 PUPPY SMITH LLC REIDSCROFT PARTNERSHIP ROARING FORK VENTURES LLC 205 S MILL ST SUITE 301A PO BOX 10443 P 0 BOX 2949 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 SALYERS MICHAEL J SAUER RICHARD L SCHULTZ RESIDENCE TRUST PO BOX 2853 0155 LONE PINE RD #A-10 3849 PASEO DEL CAMPO ASPEN, CO 81612 ASPEN, CO 81611 PALOS VERDES ESTATES, CA 90274 SHERMAN RICHARD SMITH DIANE STEVENS TIMOTHY 1/2 INT 155 LONE PINE RD #B3 0155 LONE PINE RD #A17 PO BOX 9471 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 STRAKA VIRGINIA C TEAGUE HENRY B THOMAS KELLI 1/2 INT 0155 LONE PINE RD A-15 412 N MILL ST PO BOX 9471 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 A113AV-0"08-11, 009LS;!aege6 ai zas!!!in 60911.5 A..A. qff item-tiaAWAA M I owdea o6eLpas a la a6eaanoq!jue uo!ssaidwl Jam and Smudge Free Printing www.avery.com Use Avery® TEMPLATE 51600 • 1-800-GO-AVER UHLHORN FLORENCE M URBACH OLLIE 991 ISLAND PARK DR PO BOX 11223 MEMPHIS, TN 38103 ASPEN, CO 81612 WIENER WILLIAM B JR 333 TEXAS ST #2375 SHREVEPORT, LA 71101 wAVERY® 51600 WABISZEWSKI KATHRYN PO BOX 943 ASPEN, CO 81612 JlH21IWOD-008-L @09LS 3!aege6 al zesisn @09L5 ®AU3AV ----I wortiane'NW►nn o ap!dea 86e4:)8s a 1a 96eaanoq!;ue uoissaidwl art' 'i: ASPEN ART MUSEUM ► L_ i y • • PUB! IC NOTICE DATE r TIME �' > PLACE i r,-u:. ��.,,., w.n ►. PURPOSE . u 6-4-,i•..p• 5 C•w4w 5► . Asp—, 4. . •r�.. �-. «�. iJ.J ti cw4s .,.i. ,.ice. � • co.si r+si:.n �,.. 1.� . �Y d (...s. Gr 1.. nw r. 'i• �•r... t Sidi n.l .•r.•i wt'.•. w 4— 7' db 1 J • CITY OF ASPEN City Attorney's Office 130 South Galena Aspen, Colorado 81611 (303) 920-5055 MEMORANDUM TO: Mayor and Members of Council FROM: John P. Worcestew DATE: March 16, 1993 RE: Resolution Approving Aspen Art Museum Lease V1 b Attached for your consideration is a resolution approving a lease agreement between the City of Aspen and the Aspen Art Museum for the city owned building and surrounding area currently occupied by the Art Museum. As part of the franchise agreement entered into with the Holy Cross Electric Association in 1977, the City of Aspen received title to the "Holy Cross Electric Building" on North Mill Street and will receive title to the surrounding land in June, 1997. Until that time the City has a right to occupy the land and sublease such portions of it as it desires. In 1980, the City leased to the Art Museum the building it currently occupies and a small portion of the surrounding area. That lease was scheduled to terminate on May 31, 1999. This last Fall the Art Museum indicated that it wanted to create a spawning habitat for fish by improving the ditch and pond on land that was not part of their lease with the City. The Art Museum received permission from Holy Cross to make the improvements upon their land and initiated the discussions with the City which led to the attached lease agreement. The attached lease agreement proposes to lease to the Art Museum the building and all the surrounding land that the City will receive in 1997. The initial term of the lease terminates on May 31, 1999, but grants to the Art Museum three renewal options of ten (10) years each (for a total of 30 years). The last part of Section 7 entitled "Utilities" contains a provision that the City will continue to plow snow from the driveway entrance and parking lot at no expense to the Art Museum. This is a service currently provided by the City to the Art Museum. The new lease agreement commits the City to continue this support unless it can no longer "financially afford" to do so. Section 17 entitled "Water Rights" was added on the advice of our water counsel to protect a pre-existing City right to 0.3 cfs of water diverted from the Roaring Fork River to feed the old 1 ditch and pond. Section 18 entitled "Public Trails" was added to ensure that the Parks Department would be able to construct the additional trails it currently plans for that area. REQUESTED ACTION: Approve Resolution %b , Series of 1993, approving . he lease between the City of Aspen and the Aspen Art Museum and authorizing the Mayor to execute the same on behalf of the City. xc: City Manager museum.mem RESOLUTION NO. Series of 1992 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE ASPEN ART MUSEUM AND THE CITY OF ASPEN, COLORADO, FOR THE LEASE OF THE ART MUSEUM BUILDING AND SURROUNDING LAND, AND AUTHORIZING THE MAYOR TO EXECUTE SAID LEASE AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a lease agreement between the Aspen Art Museum and the City of Aspen, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, That the City Council of the City of Aspen hereby approves that lease agreement between the City of Aspen and the Aspen Art Museum, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor to execute said lease agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the c7,wi day of G' / �CIh 1993. John S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colbiado, at a meeting held on the day hereinabove stated. Kath S. Koch, City Clerk museum a n LEASE AGREEMENT THIS LEASE AGREEMENT is made and executed on C%�cA, 22. , 1993, by and between the CITY OF ASPEN, Colorado, a home rule municipal corporation (hereinafter referred to as the "City"), and the ASPEN ART MUSEUM, a not -for -profit organization incorporated under the laws of the State of Colorado, (hereinafter referred to as the "Art Museum"). WITNESSETH: WHEREAS; the City is the owner of that certain building commonly referred to as the Aspen Art Museum and formerly known as the Holy Cross Electric building located at North Mill Street, Aspen, Colorado, (hereinafter referred to as the "Art Museum Building"); and WHEREAS, pursuant to that Agreement between the City and Holy Cross Electric Association, Inc. dated June 3, 1977, the City has an equitable interest in the property commonly referred to as the Art Museum property and formerly known as the Holy Cross Electric building property, upon which the Aspen Art Museum is situated, and more particularly described in Exhibit "A" and illustrated in Exhibit "B", said exhibits attached hereto and made a part hereof by reference, (hereinafter referred to as the "Art Museum Land"); and WHEREAS, the City will receive title to said Art Museum Land in fee by warranty deed from Holy Cross Electric Association, Inc. on June 3, 1997, provided all terms and conditions of said Agreement between the City and Holy Cross Electric Association, Inc. are complied with by the City; and WHEREAS, the City has leased said Art Museum Building and a small portion of the Art Museum Land to the Art Museum by virtue of that certain Lease Agreement dated March 10, 1980; and WHEREAS, the Art Museum desires to create a spawning habitat for fish by improving the ditch and pond currently upon the Art Museum Land; and WHEREAS, the Art Museum has obtained written authorization from Holy Cross Electric Association, Inc. to construct a spawning habitat pond on the Art Museum Land; and WHEREAS, the Art Museum has received Water Rights with the District Court, Water Division No. 5 (Case No. 92CW 195) in the amount of 3 cfs of water from the Roaring Fork River for use in the spawning habitat pond; and WHEREAS, the City owns a right to appropriate .3 cfs of water for the existing ditch and pond which is a superior water right to that sought by the Art Museum and the City desires to protect that right; and WHEREAS, the City desires to authorize the Art Museum to construct, operate, and maintain a spawning habitat pond and a ditch or stream upon the Art Museum Land; and WHEREAS, the parties desire to enter into a new lease for all purposes which shall supersede the prior lease. NOW, THEREFORE, in consideration of the mutual covenants, agreements, representa- tions and warranties herein contained, the parties hereto agree as follows: 1. Demise and Description. The City leases to the Art Museum, for the purpose of conducting that lawful activity as hereinafter described and for no other purpose, that certain real property referred to above as the Art Museum Land and Art Museum Building (hereinafter referred to collectively as the "Leased Premises"), situate in the City of Aspen, County of Pitkin, State of Colorado, and more particularly described in the schedule attached hereto as Exhibit "A" and made a part hereof. It is the intent of the parties that this Lease Agreement shall supersede all the terms and conditions of that certain lease dated March 10, 1980. 2. Representation by the Parties. (a) The City hereby represents that the Art Museum Building is owned by the City in fee, subject only to restrictions established by the general planning and zoning code of the City of Aspen, Colorado, and any state of facts which an accurate survey or physical inspection would show. The City further represents that the Art Museum Land is owned by the Holy Cross Electric Association, Inc. in fee and the City has an equitable interest in the property as previously described above. (b) The City hereby covenants, subject to the terms and conditions herein provided, that the Art Museum shall have the sole, peaceable and uninterrupted use and occupancy of the Art Museum Land and Building during the term of this Lease, for so long as the Art Museum performs all covenants herein agreed to be performed by the Art Museum. (c) The Art Museum hereby represents that it is a not -for -profit organization incorporated under the laws of the State of Colorado, that it is operated exclusively for charitable purposes as those terms are defined by Article X, Section 5 of the Colorado Constitution; and, that it has received tax exempt status from the Internal Revenue Service pursuant to Section 501(c)(3) of the IRS Code. 3. Construction of Improvements. (a) The Art Museum has, or shortly will hereafter, construct and operate on the Leased Premises a spawning habitat, together with onsite improvements, at no cost to the City in accordance with plans, specifications, and detailed description of the work which has been approved by the U.S. Army Corp of Engineers, the Colorado Division of Wildlife and City of Aspen Planning and Zoning Commission. Said plans and specifications are made a part hereof as if fully set forth here. 2 • • 4. Term. Subject to the Art Museum's satisfactory adherence to all of the terms and conditions herein, the term of this Lease Agreement shall terminate at midnight, May 31, 1999. the Art Museum shall have the option at the end of the initial term for an additional lease term of ten (10) years. Thereafter the Art Museum shall have two additional options to renew for ten (10) additional years each. The lease terms described herein are subject to the Events of Default provisions set forth herein. The renewal terms shall be renewed automatically unless the Art Museum provides written notice, six (6) months prior to the end of the term, that it does not intend to renew its option. 5. Rent. (a) The Art Museum shall pay the City as rent for the Leased Premises an annual basic rent of Ten Dollars ($10.00) to be paid on the anniversary date of the Lease for each year of the lease term. (b) Except as otherwise provided herein, the rent provided for in this Lease shall not include expenses or charges with respect to the Leased Premises, including maintenance, repairs, costs of construction and replacement of buildings, insurance, utilities, taxes and assessments now or hereafter imposed upon or related to the Leased Premises. Lessee shall bear and pay for all such charges. 6. Use of Leased Premises. (a) The Leased Premises shall be used exclusively by the Art Museum for the purpose of operating a publicly accessible visual arts center, for all related purposes, and spawning habitat all in accordance with its Articles of Incorporation and for no other purpose. The Leased Premises shall be used exclusively by the Art Museum for public benefit and enjoyment. (b) The Art Museum shall not use, or permit the Leased Premises, or any part thereof, to be used for any purpose or purposes other than the purpose or purposes for which the Leased Premises are hereby leased; and no use shall be made or permitted to be made of the Leased Premises, or acts done, which will cause a cancellation of any insurance policy covering the building located on the premises, or any part thereof, nor shall Lessee sell, or permit to be kept, used, or' sold, in or about the Leased Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall, at its sole cost, comply with all requirements of any insurance organization or company necessary for the maintenance of insur- ance covering any building and appurtenances at any time located on the Leased Premises. (c) The Art Museum agrees to comply with all present and future federal, state and municipal laws, rules and regulations in its use and occupancy of the Leased Premises. (d) The Art Museum shall not sell, convey, assign, transfer, sublease, pledge, surrender or otherwise encumber or dispose of this Lease, the Art Museum Building, or any interest or estate created herein, without the written permission of the City. (e) The Art Museum shall not commit, or suffer to be committed, any waste on the Leased Premises, or any nuisance. tj (f) The Art Museum shall not erect, install, operate nor cause nor permit to be erected, installed or operated in or upon the Leased Premises any temporary or special event sign(s) or other advertising device without having obtained the written consent of the City Manager for the City. Such consent shall not be unreasonably withheld. (g) The Art Museum shall not permit any other person, persons, company, corporation, or organization not related to the Art Museum's normal activities to occupy or use the Leased Premises for a period of time in excess of two (2) consecutive weeks without the express written consent of the City. 7. Utilities. The Art Museum shall fully and promptly pay for all water, gas, heat, light, power, telephone service, garbage removal, cable television, and other public utilities of every kind furnished to the Leased Premises throughout the term hereof, and all other costs and expenses of every kind whatsoever of or in connection with the use, operation, and maintenance of the premises and all activities conducted thereon, and the City shall.have no responsibility of any kind for any thereof. The City agrees to continue to plow snow from the driveway entrance and parking lot at no expense to the Art Museum until such time as the City determines, in accordance with the standards set forth hereafter, that it can no longer financially provide this service. The City shall apply reasonable and customary business standards to determine whether or not it can financially afford to continue the snow removal at no cost to the Art Museum. The City shall take into account all of its budgeting concerns recognizing the history of the Art Museum as a valuable cultural asset to the community. A decision to terminate shall not be arbitrarily made and shall be supported by credible information. 8. Taxes, Other Governmental Charges and Utility Charges. (a) The parties contemplate that the Leased Premises will be used strictly for charitable purposes and, therefore, that the Leased Premises will be exempt from all taxes assessed and levied with respect to real property. In the event that the use, possession, construction or equipping of the Leased Premises is found to be subject to taxation in any form, the Art Museum shall pay same as they respectively come due; provided that, with respect to any governmental charges that may lawfully be paid in installments over a period of years, the Art Museum shall be obligated to pay only such installments as have accrued during any individual term of the lease. (b) The Art Museum may at its expense and in good faith contest any taxes, assessments, and other charges and, in the event of any such contest, may permit the taxes, assessments, or other charges so contested to remain unpaid during the period of such contest and an appeal therefrom unless the City shall notify the Art Museum that, in the opinion of the City Attorney, by nonpayment of any such items the title will be materially endangered or the Leased Premises or any portion thereof will be subject to loss or forfeiture, or the City will be subject to liability, in which event such taxes, assessments, utility or other charges shall be paid forthwith; provided, however, that such payment shall not constitute a waiver of the right to continue to contest such taxes, assessments, utility or other charges. a 9. Alterations. (a) The Art Museum may at its own expense make reasonable and necessary alterations or improvements to the Art Museum Building. 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. The Art Museum shall give the City written notice no less than thirty (30) days in advance of the commencement of any construction, alteration, addition, improvement, or repair estimated to cost in excess of Ten Thousand Dollars ($10,000.00). (b) The Art Museum agrees that prior to any construction or installation of alterations, additions or improvements, the Art Museum shall post in a conspicuous place within or on the Art Museum Building a notice of non -liability for mechanic's lien as specified at Section 38-22-105, C.R.S. on behalf of the City and shall notify the City of such posting and the exact location of the same. Perfection of a mechanic's lien against the Leased Premises or the Art Museum Building as a result of the Art Museum's acts or omissions may be treated by the City as a material breach of this Lease. 10. Liens. (a) The Art Museum shall keep all of the Leased Premises and every part thereof and all buildings and other improvements at any time located thereon free and clear of any and all mechanics', materialmen's and other liens for or arising out of or in connection with work or labor done, services performed, or materials or appliances used or furnished for or in connection with any operations of the Art Museum, any alteration, improvement, or repair or addition which the Art Museum may make or permit or cause to be made, or any work or construction, by, for, or permitted by the Art Museum on or about the premises, or. any obligations of any kind incurred by the Art Museum, and, subject to paragraph (b) hereof, at all times promptly and fully to pay and discharge any and all claims on which any such lien may or could be based, and to indemnify the City and all of the premises and all buildings and improvements thereon against all such liens and claims of liens and suits or other proceedings pertaining thereto. (b) If the Art Museum desires to contest any such lien, it shall notify the City of its intention to do so within ninety (90) days after the filing of such lien. In such case, and provided that the Art Museum shall on demand protect the City by a good and sufficient surety bond, or such other security that is deemed adequate by the City, against any such lien and any cost, liability, or damage arising out of such contest, the Art Museum shall not be in default hereunder until thirty (30) days after the final determination of the validity thereof, within which time the Art Museum shall satisfy and discharge such lien to the extent held valid; but the satisfaction and discharge of any such lien shall not, in any case, be delayed until execution is had on any judgment rendered thereon, and such delay shall be a default of the Art Museum hereunder. In the event of any such contest, the Art Museum shall protect and indemnify the City against all loss, expense, and damage resulting therefrom. 11. Maintenance. (a) The Art Museum shall, throughout the term of this lease without any expense to the City, keep and maintain the premises, including all buildings and improvements of every kind which may be a part thereof, and all appurtenances thereto, in good sanitary, and 5 neat order, condition and repair. The City shall not be obligated to make any repairs, replacements, or renewals of any kind, nature or description whatsoever to the Leased Premises or any buildings or improvements thereon. (b) The Art Museum shall, at its own expense, keep and maintain all entrances to the Leased Premises in a clean and orderly condition, free of dirt, rubbish, unlawful obstructions, snow, and ice. (c) The Art Museum shall, at its own expense, keep and maintain all landscaping adjacent to the Leased Premises in a well groomed and orderly condition, free of rubbish and unlawful obstructions. (d) The Art Museum shall, at its own expense, keep and maintain the ditch, spawning pond, diversionary structures, headgates, pumps, flow measuring devices and other fixtures and appurtenances associated with the spawning pond in good operating condition. 12. Access to Premises. Upon at least twenty four (24) hours prior notice, except in cases of emergency, the Art Museum shall permit the City or its agents and employees to enter the Leased Premises at all reasonable hours to inspect the Leased Premises or make repairs that the Art Museum may neglect or refuse to make in accordance with the provisions of this Lease. Before entering the Leased Premises to make repairs, the City shall give the Art Museum notice and a reasonable period of time to make necessary repairs. 13. Indemnification of the City. The City shall not be liable for any loss, injury, death, or damage to persons or property which at any time may be suffered or sustained by the Art Museum or by any person whosoever may at any time be using or occupying or visiting the Leased Premises or be in, on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of the Art Museum or of any occupant, visitor, or user of any portion of the Leased Premises, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind than the matters or things above set forth, and the Art Museum shall indemnify the City against all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. The Art Museum hereby waives all claims against the City for damages to the building and improvements that are now or hereafter placed or built on the demised premises and to the property of the Art Museum in, on, or about the Leased Premises, and for injuries.to persons or property in or about the Leased Premises, from any cause arising at any time. The last two preceding sentences shall not apply to loss, injury, death, or damage arising by reason of the negligence or misconduct of Lessors, its agents, or employees, subject to those terms, conditions and limitations as contained in the Colorado Governmental Immunity Act, Section 24-10-101, et seq. 14. Provisions Re_a� rding Insurance. (a) At its own expense the Art Museum shall carry and maintain casualty and property damage insurance sufficient to protect the full replacement value of the Leased Premises and all contents thereof (including all works of art); and 6 (b) At its own expense the Art Museum shall carry and maintain comprehen- sive general public liability insurance against all direct or contingent loss or liability for property damage, personal injury or death occasioned by reason of the operation, control or construction upon the Leased Premises, of not less than those specified by Section 24-10-114, C.R.S., as may be amended from time to time, naming the City as additional or co -insureds. The Art Museum shall maintain said coverage in full force and effect during the term of this Lease. (c) The Art Museum shall furnish the City with a copy of all required insurance policies or certificates evidencing such required coverage. All insurance policies maintained pursuant to this agreement shall contain the following endorsement: It is hereby understood and agreed that this insurance policy may not be canceled by the surety until thirty (30) days after receipt by the City of Aspen, by regis- tered mail, of a written notice of such intention to cancel or not to renew. (d) In the event full insurance coverage required by this Lease is not maintained as provided for herein, the City may, but shall be under no obligation to, purchase the required policies of insurance and pay the premiums necessary and provide for payment thereof and all amounts so advanced therefor by the City, if any, shall be added to the rent due from the Art Museum. 15. Damage or Destruction. If prior to the termination of this Lease the Leased Premises or any portion thereof are destroyed, in whole or in part, or are damaged by fire or other casualty, the parties shall cause the Net Proceeds of any insurance claim to be applied to the prompt repair, restora- tion, modification, replacement or improvement of the Leased Premises. Any balance of the Net Proceeds remaining after such work has been completed shall be paid to the Art Museum. If Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvements, referred to hereinabove, the Art Museum shall complete the work and pay any cost in excess of the amount of the Net Proceeds, in which case the Art Museum shall not be entitled to any reimbursement therefor from the City. Notwithstanding the foregoing, the parties may agree to other application of such Net Proceeds. 16. Condemnation. If during the term of this Lease, or any renewal of it, the whole or part of the Leased Premises or such portion as will make the Leased Premises unusable for the purpose leased, or the leasehold interest, be condemned by public authority, including the City, for public use, then the lease term granted herein 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. Upon such occurrence, the Art Museum shall not be entitled to any part of the condemnation proceeds, if any, for the value of the unexpired term of this lease or for any other estate or interest in the ,Leased Premises, such amount belonging entirely to the City. 17. Water Rights. (a) The Art Museum shall take no actions that would constitute an abandonment of any water rights associated with the Art Museum Land and hereby agrees to cooperate in the FA opposition of any attempt by the State of Colorado Water Engineer to have said rights declared abandoned. (b) The Art Museum hereby agrees that the first .3 cfs of water diverted for the ditch and spawning pond constitute water diverted from the Roaring Fork River in accordance with water rights associated with the Electric - Art Park, Basin Rank 4727 and not part of the 3 cfs for which an application has been filed by the Art Museum in the District Court, Water Division No. 5. (c) The Art Museum agrees that upon termination of this Lease or abandonment of the Leased Premises, all diversion structures, headgates, water rights, pumps, flow metering devices and other fixtures and appurtenances associated with the spawning pond shall become the property of the City. 18. Public Trails. The City, in cooperation with others, has placed a trail across the Leased Premises for public use. It is understood that the City may be interested in establishing other trails across the Leased Premises as well. The City hereby agrees to keep the Art Museum informed of its plans to construct such trails over the Leased Premises and to seek the advice and input of the Art Museum staff prior to the design, location or construction of any additional trails over the Leased Premises. The City further agrees to make all reasonable efforts to design, locate and construct any future trails over the Leased Premises so as to minimize any adverse impacts upon the Art Museum's use of the Leased Premises. Notwithstanding any other provision to the contrary, the Art Museum acknowledges and hereby agrees that the City may, in its sole discretion, design, locate and construct additional trails over the Leased Premises as it determines is in the best interests of the City. 19. Abandonment of Premises The Art Museum shall not vacate or abandon the Leased Premises at any time during the term hereof; if the Art Museum shall abandon or surrender the Leased Premises, or be dispossessed by process of law, or otherwise, any personal property belonging to the Art Museum and left on the Leased Premises shall be deemed to be abandoned at the option of the City, except such property as may be encumbered to the City. 20. Events of Default Defined. The following shall be "Events of Default" under this Lease and the terms "event of default" and "default" shall mean, whenever they are used in this Lease, any one or more of the following events: (a) Failure by the Art Museum to pay any rent or other payment required to be paid herein at the time specified; or, (b) Failure to use the Leased Premises for a period of sixty (60) consecutive days for the purpose or purposes set forth in the Use of Leased Premises provisions of this Lease; provided, however, that time spent for the purpose of maintenance, remodeling, or repairs to the Leased Premises and/or for events beyond the control of the Art Museum shall not be counted; or, 8 0 (c) Failure by the Art Museum to observe and perform any covenant, condition or agreement on its part to be observed or performed, unless the City agrees in writing to an extension of time or waiver prior to its expiration; or, (d) The Art Museum's interest in this Lease or any part hereof is assigned or transferred without the written consent of the City, except as provided herein, either voluntarily or by operation of law or otherwise; or, (e) A proceeding under the United States Bankruptcy Code or any federal or state bankruptcy, insolvency, or similar law, or any law providing for the appointment of a receiver, liquidator, trustee or similar official for the Art Museum, or of all or substantially all of its assets, is instituted without its consent and is not permanently stayed or dismissed within sixty (60) days, or if the Art Museum offers to the Art Museum's creditors to effect an extension of time to pay the Art Museum's debts or asks, seeks or prays for a reorganization or to effect a plan of reorganization, or for readjustment of the Art Museum's debts, or if the Art Museum shall make a general or any assignment for the benefit of the Art Museum's creditors; or, (g) The Art Museum abandons or vacates any part of the Leased Premises. 21. Remedies on Default. Whenever any Event of Default shall have happened and be continuing, the City shall have the right, at its sole option and discretion, to notify the Art Museum of the Event of Default and require the Art Museum to cure the Event of Default within thirty (30) days of the receipt of written notice of the default or suffer termination of the Lease and the Remedies of Default as provided herein. If the Art Museum fails to cure, or it is impossible to cure, the City may declare the Lease terminated. If there is an issue as to whether or not the claimed default is a default and if so, if it has been cured, then the City must institute legal proceedings in accordance with Colorado law in order to attempt to terminate this lease. 22. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or hereafter existing at law or in equity. No delay or omission hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 23. Non -Discrimination. The parties hereto agree to comply with all laws, ordinances, rules and regulations that may pertain or apply to the Leased Premises and its use. In performing under this Lease, the Art Museum 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. Z 24. Attorneys' Fees. If any action at law or in equity shall be brought to recover any rent under this lease, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this Lease, or for the recovery of the possession of the Leased Premises, the prevailing party shall be entitled to recover from the other party as part of the prevailing party's costs reasonable attorney's fees, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. 25. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by certified mail, postage prepaid, addressed as follows: If to the Art Museum: Aspen Art Museum 590 North Mill Street Aspen, Colorado 81611 Attention: Director If to City: City of Aspen, Colorado 130 South Galena Street Aspen, Colorado 81611 Attention: City Manager With a copy to: City Attorney 130 South Galena Street Aspen, Colorado 81611 26. Binding Effect. This Lease shall inure to the benefit of and shall be binding upon the City and the Art Museum and their respective successors and assigns. 27. Severability. In the event any provision of this Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 28. Amendments. The terms of this Lease shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written instrument signed by the City and the Art Museum. 10 29. Execution in Counterparts. This Lease shall be executed in three counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 30. Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of Colorado. 31. Captions. The captions or headings in this Lease are for convenience of reference only and in no way define, limit or describe the scope or intent of any provision or sections of this lease. 32. Waiver. The waiver by the City of, or failure of the City to take action with respect to any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition, or subsequent breach of the same, or any other term, covenant, or condition therein contained. The subsequent acceptance of rent by the City or the acknowledgment by the City of the Art Museum's exercise of an option to renew the term of the Lease as provided herein shall not be deemed to be a waiver of any preceding breach by the Art Museum of any term, covenant, or condition of this Lease, regardless of the City's knowledge of such preceding breach. 33. Entire Agreement. This Lease constitutes the entire agreement between the City and the Art Museum. No waiver, consent, modification or change of terms of this Lease shall bind either party unless in writing signed by both parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, representations or warranties, express or implied, not specified herein regarding this Lease or the Leased Premises leased hereunder. 34. Further Assurances. The parties further agree to execute and deliver such additional documents and agreements as necessary to carry out the intent of this Lease. 35. No Third Party Beneficiaries. This Lease is not intended to create any right in or for the public, or any member of the public, including any subcontractor, supplier or any other third party, or to authorize anyone not a party to this Lease to maintain a suit to enforce or take advantage of its terms. The duties, obligations and responsibilities of the parties to this Lease with respect to third parties shall remain as imposed by law. IN WITNESS WHEREOF, the City has executed this Lease in its name with its seal hereunder affixed and attested by their duly authorized officers, and the Art Museum has caused this Lease to be executed in its name and attested by its duly authorized officer. All of the above occurred as of the date first written above. m CITY OF ASPEN, COLORADO: By Sl� John S. Bennett, Mayor ATTEST: Kathryn S. KgA, City Clerk STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 77 by John '5� . -&n K-caitrz,,v\ 5. 44c�,-h WITNESS y hand and official seal. 1404� & tary Public My Commission expires: o.7k-9:2 12 ASPEN ART MUSEUM: _J By .� Title: (1�� WITNESS: � c V STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this /G*day of ln4A /?p by &3£,P5-7)9- '9Xk,'Fnl WITNESS my hand and official seal. artmuseu.lse Notary Public My Commission expires: Oct bER A;1 192!/- 13 • EXHIBIT A A tract of land situated in the NE 1/4 SW 1/4 and the NW 1/4 SW 1/4 of Section 7, T. 10 S., R. 84 W. of the 6th Principal Meridi- an, Pitkin County, Colorado. Being more fully described as follows: Beginning at a point on the Northeasterly line of land described in Deed to the Roaring Fork Electric Light and Power Co., record- ed November 20, 1889, in Book 61 at Page 185, said point bears South 45034157/1 West 1507.97 feet from the center of said Section 7; thence South 00016100/1 East 25.24 feet to a point on the Northerly Boundary of a tract of land described in Book 270 at Page 836; thence North 78023100/1 West 38.77 feet along said boundary; thence South 59050100/1 West 94.23 feet along said boundary; thence South 78055' West 60.15 feet along said bound- ary; thence South 75005100/1 West 35.77 feet along said boundary to the point of intersection with the Williams -Hallam line as described in Book 30 at Page 47; thence continuing South 75005/00/1 West 40.61 feet to a point on the centerline of the Roaring Fork River; thence South 89042158/1 West 129.58 feet along said centerline; thence North 51030100/1 West 87.00 feet along said centerline; thence North 04045100/1 West 47.00 feet along said centerline; thence North 20032111" East 272.19 feet along said centerline to the point of intersection with the Southeast- erly right-of-way line of the Red Mountain Road; thence North 71031100/1 East 73.00 feet along said right-of-way line; thence continuing along said right-of-way line 49.56 feet along the arc of a curve to the left having a radius of 170.00 feet, the chord of which bears North 63009155/1 East 49.38 feet to the point of intersection with the Southwesterly right-of-way line of Gibson Avenue; thence South 45021100/1 East 79.67 feet along said South- westerly right-of-way line; thence continuing along said South- westerly right-of-way line 73.01 feet along the arc of a curve to the left having a radius of 438.00 feet; thence South 54054100/1 East 20.64 feet along said Southwesterly right-of-way line to the Point of Intersection with the Northeasterly line of land de- scribed in Book 61 at Page 185; thence South 31016100/1 East 222.35 feet along said Northeasterly line to the Point of Begin- ning. County of Pitkin, State of Colorado. jw1124.1 LETTER OF TRANSMITA CHARLES CUNNIFFE ARCHITECTS 610 E. HYMAN AVENUE, ASPEN, CO 81611 970/925-5590 970/920-4557 FAX Is TO: C,D� 'j��-,DATE: 7. I0,6 �- y, ^/�` ��'w/j PROJECT: AA� COMPANY �� ✓�"��' 1' `V _ 1 JOB NO: Q (3� ADDRESS: TELEPHONE: FAX NUMBER: -12G;7-1a 'r-34 REGARDING: re `M�-JPAZ>< uk:�� 71zAIIW-- WE ARE SENDING YOU: N; tached Via Plf-V-- UP the following items: ❑ Shoop drawings mints ❑ Originals ❑ Computer Disc(s) El Samples Copy of Letter ❑ Change order ❑ DESCRIPTION: THESE ARE TRANSMITTED as checked below: ARCHITECTURE PLANNING INTERIORS ❑ Specifications ❑ Forapproval❑ Approved as submitted ❑ Resubmit copies for approval E�For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review & comment ❑ Prints returned after loan to us ❑ REMARKS: 4- >4'F=T it l 1-rTA L . • 10imCHARLES CUNNIFFE ARCHITECTS 10io ARCHITECTURE PLANNING INTERIORS Charles L. Cunniffe, AIA Principal Janver C. Derrington, AIA Principal June 21, 2005 City of Aspen Temporary Use Application The Aspen Art Museum is applying for a temporary use permit for an office trailer. They would like to move two off -site office personnel from the Red Brick School on site to the Existing Art Museum. The current building is not large enough to accommodate the number of staff required on site. We are proposing an 8 x 28 temporary office trailer on a minor leveling pad with electrical and telephone hook ups. We are proposing to locate it adjacent to the North-west corner of the existing building. We feel that this location will have the smallest amount of impact on the site. We are also proposing a small gravel addition to the existing concrete parking lot to help offset the need for parking. However, since the new relocated staff is already in the city (Red Brick Building) there shouldn't be any additional parking required by the new staff members since they walk to work rather than commute. Thank you for your consideration, Sincerely, Char . Cunniffe, AIA Principal 610 EAST HYMAN AVE ASPEN, CO 81611 970.925.5590 fax: 970.925.5076 info(cDcunniffe.com www.cuniffe.com ASPEN 0 CARBONDALE 6 STEAMBOAT SPRINGS ATTACHMENT 2 —LAND USE APPLICATION APPLICANT: Name: - � Arza- Bus�M Location: ;In Q. H I U_ (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 21_7 � - 07 ?>'C - Qg�q REPRESENTATIVE: (2 1\ 1 EEE Name: Address: & Id e HgmPQ Phone #: �ZGI-rjrjG'j PROJECT: Name: A--�` a l Agr rA L /0 Address: Fj'20 KI i t L.- Phone #: 4�1 2T— e5c ,o 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 EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) FY�Glil,A(_� ► APT raj IAs- -Q0 PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 71W EU RA9,-� 6EF IGE MAILER Ha you attached the following? FEES DUE: S Pre -Application Conference Summary ❑ ttachment #1, Signed Fee Agreement [Response to Attachment #3, Dimensional Requirements Form []Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. • ow JUN. 6.2005 4:14PM IMMUNITY DEVELOPMENT NO. 2267 P. 1 ■ ■ ■ son - CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY "- LANNER: James Lindt, 429-2763 DATE: 6/6/05 PROJECT: Art Museum Temporary Use REPRESENTATIVE: Charles Cunniffe OWNER: Art Museum Board TYPE OF APPLICATION: Temporary Use, GMQS Exempt Development for a Temporary Use DESCRIPTION: The perspective applicant would like to erect a modular bui Iding of approximately 225 square feet for 6 months to act as temporary office spaces for two art museum employees that will be relocated from the Red Brick Arts Building to help with coordinating expansion plans to the Art Museum, Land Use Code Section(s) 26.450 Temporary Use. 26.470.0.40(A)(8) Exempt Development: Temporary Uses and Structures. Review by: Staff for recommendation, Historic Preservation Officer (possibly the HPC) for referral continents since the site is designated to the Inventory of Historic Sites and Structures, Development Review Committee (DRC) for technical considerations, City Council for final 'detertnination. Public Hcaring: Yes, at City Council. Applicant must post property and mail notice at least 15 days prior to hearing. Applicant will need io provide proof of posting and mailing with an affidavit at the public hearings_ Referral Agencies: Engineering, Parks, Building Department. Planning Fees: Planning Deposit, Minor ($1,320 for 6 hours of staff time) Referral Agency fees: Engineering Minor of $190 Total Deposit: $1,510 (additional Staff Planner hours are billed at a rate of $220/hour) Total Copies: 20 Copies of Application To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership_ 3. Signed fee agreement. 4. Cornpleted Land Use Application. 5. 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_ 6_ 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. 7. Proposed elevations. 8. Site Improvement Survey. 9. Proposed Site flan. 10. Proposed Cyrading plan. 11. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 12. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application- Please include existing conditions as -well as proposed 11 Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD) -preferred, "Lip Disk or Floppy Disk. Microsoft Word format is preferred. Text for maf easily convertible to Word is acceptable. �-� 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 swaimary does not create a legal or vested right_ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Citv,'`�of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and \VE�ii1 Ari rt/�,(�.,s&u ✓1� (hereinafterAPPLICA'QT) AGREE AS FOLLOWS: APPLIC.AINT has submitted to CITY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) 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 tbereafter permit additional costs to be billed to APPLICANT on a monthly 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 CTIY 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$ 1. 6;L0 — which is for (P 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 at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made writhin 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 By Chris Bendon Community Development Director g As upp o r t`So rmsla gr p a y a s. d o c 1/10/01 APPLICANT By: CaA)-L-) Date: Tog, 9006 Mailing Address: AItr 5go �J o r*h /K ; i Sf • EASPEN ART MUSEUM ,590 N. Mill St. Aspen CO 81611 tel. 970.925.8050 fax 970.925.8054 www.aspenartmsueum.org July 8, 2005 City Council City of Aspen 130 S. Galena Aspen, CO 81611 Dear Aspen City Council Members; As you know, the Aspen Art Museum is planning a building expansion sometime in the near future. While we still have a lot of work to do before initiating a capital campaign, we are in immediate need of additional office space. We have survived with our current office space of 900 square feet by utilizing satellite office spaces and outsourcing whenever possible. With the arrival of our new Director, we would like to bring all AAM staff functions in house in order to maximize our efficiency. This will require thirteen workspaces. We considered several options to create additional office space without cannibalizing any of our current exhibition space. Our options were limited due the historic status of the museum and budget constraints. We believe our best solution is to utilize a modular office on the museum grounds until we complete our building expansion. Attached is our temporary use application for your consideration. Additionally, we would like to request a waiver of the $1,510 application fee given that we are a non profit organization located on City of Aspen property. Benton construction has offered to donate a remodeled temporary construction office to the museum. Consequently, your assistance in expediting the approval process will be greatly appreciated. If you have any questions regarding the application, please contact Jason Oldfather at Charles Cunniffe Architects at 925-5590. Any questions regarding museum operations should be directed to Dara Coder at the Aspen Art Museum at 925-8050. We are very hopeful that you will give our request your favorable consideration. Respectfully Submitted, Dara Coder Assistant Director for Finance and Administration • • VICINITY MAP ASPEN ART MUSEUM TEMPORARY USE 590 N. MILL STREET ASPEN. COLORADO CHARLES CUNNIFFE ARCHITECTS www.cunniffe.com 610 FAST NYA6W AVE. • ASPEN, CO 816TI TELL 97M5-5590 • FAX 9709?D 4357 T9p1 PUiE CAOw< S'EAMBOAT 6?bsC_. CO _7 , TFIF: 9Nl7r0590 •FAX 970875. M ` -J ' `���" �_ � ate• �� T, ,t,� ;? k - .� - �� ' •.; ,'...i�a -------------- 45 •�'� /:. ' • . _` � � .,�. �C," `�'.�''��f `\ �\`� �-�` •;'t,:'1; i-. i. J, e jll- LLJay LZ Lj r Asper Art Museum /` ,� •'` ,-` \` Jam, . =. ' ^�'' -1, '\�' \7gs � �~�DRAWING nlSpR/N `�•�_ ��-•�\ 7di ��.\\�\' '•:\`��ISSUE: DATE: rN _ ' pf� l �•_ \..�! \�i';'��� JOB NO. =0( �i. �` i �-•'� { t t• r _ - _ rt ��\\ SHEET NO. SITE LOCATION 5 WftWff 0W-1 5 QiNNi-r.? AAL4 ,l r .) f r- �<4• N. - tlr2."o: rE J - r1 -. '>.7. 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