HomeMy WebLinkAbout04-07-1999
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COMMERCIAL CORE & LODGING COMMISSION
REGULAR MEETING
SISTER CITY ROOM - CITY HALL
April 7, 1999
8:30 I. Roll call and approval of March 17, 1999
minutes and commissioner comments
8:45 II. Mall Lease approval for restaurants: The
Re4Jk, Carnevalle, Flying Dog Brew Pub,
Mirabella, Acme Bar & Grill, Red Onion and
Pacifica
9:45 III. DEPP Demonstration Project Plans - Bob
Nevins Planning & Zoning are invited - Infill
issues
.1.
NOTICE OF PUBLIC HEARING
CASE: ALL MALL LEASE HOLDERS
BEFORE THE CITY OF ASPEN COMMERCIAL CORE &
LODGING COMMISSION
TO ALL MALL LEASE HOLDERS; ADJACENT PROPERTY
OWNERS/LESSEES; CONCERNED CITIZENS
A public hearing will be held April 7, 1999 in the Sister Cities meeting
room of City Hall, 130 S. Galena, Aspen Colorado to approve or deny the
following outside dining Mall Leases: The Rock, Carnevalle, Flying Dog
Brew Pub, Mirabella, Red Onion, Acme Bar & Grill, Pacifica. All
persons affected by the proposed Mall Leases are invited to appear and state
their views, protests or objections. If you cannot appear personally at such
meeting, then you are urged to state your views by letter, particularly if you
have objection to the mall leases. The Commercial Core & Lodging
Commission will give serious consideration to the opinions of surrounding
property owners and others affected in deciding whether to grant or deny
the request.
Mall Lease holders must present a descriptive diagram of their tables,
entrance, fence umbrellas and square footage at the meeting in order
for the Commission to compilate all information and make a
determination.
Businesses making an application for a mall lease are required to transmit
this notice to adjacent property owners/lessees.
Date and Time of Meetin:::
DATE:
April 7, 1999
TIME:
8;45 a.m.
The City of Aspen Commercial Core & Lodging Commission
130 S. Galena Street, Aspen, Colorado 81611
Jon Busch, Chairman Kathleen Strickland, Chief Deputy Clerk
--....-1.
MALL LEASE AGREEMENT
THIS LEASE AGREEMENT made as of May 20. 1999, at Aspen, Pitkin
County Colorado, by and between THE CITY OF ASPEN, COLORADO, a
municipal corporation, a Lessor (hereinafter "City"), and individual,
partnership, corporation, as Lessee (hereinafter "Lessee").
WIT N E SSE T H:
WHEREAS, the City of Aspen, Colorado, by its Ordinance No. 20 (Series of
1973) established a Pedestrian Mall on those city streets designated therein; and
WHEREAS, the City Council of the City of Aspen, and Aspen Commercial
Core and Lodging Commission ( hereinafter "CCLC") are desirous of leasing
portions of said Mall to abutting land owners and/or lessees who wish to use such
areas for restaurant and/or liquor sales;
NOW THEREFORE, in consideration of the mutual covenants, terms and
conditions contained herein, it is agreed as follows:
1. The City does hereby demise and let to Lessee approximately _
square feet of the said Pedestrian Mall, being that portion of the Mall abutting the
business structure and lot area owned and/or managed by Lessee and extending a
maximum of ten (10) feet from the edge of their building and/or lot; provided,
however, that encroachments are not to be considered to be part of such building
and/or lot. The term of this lease shall be for 134 days, beginning on May 20,
1999, and terminating on October 1, 1999. Rent shall be calculated at $_ per
square foot per month. As rent for such area and term, Lessee hereby agrees to pay
City the total sum 0($. which sum shall be payable in advance on or before the
June 30th 1999, at the offices of the City Clerk, Aspen City Hall, Second Floor,
130 S. Galena Street, Aspen, Colorado 81611.
If such rent payment is not paid in full when due, any arrearage shall accrue
interest payable to City at the rate of two percent (2%)per month.
1.-
2. Lessee agrees to use such area for the sole purpose of selling and
dispensing food or beverages to the public. Such area shall be open to the public at
least seven (7) hours per day between the hours of 9:00 a.m. and 8:00 p.m., weather
permitting, but in no event shall food and beverage service be extended beyond
10:00 p.m. Food shall be available in the leased area during all hours it is open to
the public. Lessee further agrees to use the premises for no purpose prohibited by
the laws of the United States, the State of Colorado, or ordinances of the City of
Aspen. Further, lessee agrees to comply with all reasonable recommendations by
Aspen CCLC relating to the use of the leased premises.
3. Lessee shall remove any structures on the leased premises promptly
upon expiration of this lease. Failure to remove them within ten (10) days of said
expiration shall result in ownership therein transferring to the City of Aspen.
4. Lessee agrees to keep said premises in repair and free from all litter,
dirt and debris and in a clean and sanitary condition; to neither permit nor suffer any
disorderly conduct or nuisance whatever about said premises which would annoy or
damage, either proximate or remote, occurring through or caused by any alteration
to said leased premises, or by any injury of accident occurring thereon. Further,
Lessee does, by execution of this agreement, indemnify and agree to save harmless
the City of Aspen its employees, elected and appointed officials, against any and all
claims for damages or personal injuries arising from the use of the premises as
herein above described. Further, Lesee agrees to furnish City with certificate(s) of
insurance as proof that it has secured and paid for a policy of public liability
insurance covering all public risks related to the leasing, use, occupancy,
maintenance, operation of location of the leased premises. The insurance shall be
procured from a company authorized to do business in the State of Colorado and be
satisfactory to the City. The amount ofthis insurance, without co-insurance clauses,
shall not be less than the maximum liability that can be imposed upon the City of
Aspen under the laws of the State of Colorado found at C.R.S. Section 24-10-101, et
seq. , as amended. Lessee shall name the City as co-insured on all insurance
policies and such policies shall include a provision that written notice of any non-
renewal, cancellation or material change in a policy by the insurer shall be delivered
to the City no less than ten (10) days in advance of the effective date.
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1 ._.
5. All construction, improvements or business fixtures on the leased
premises shall comply with the following criteria:
a. Not be wider than the mall frontage of the business nor extend
further than a maximum of ten (10) feet from the edge of the Lessee's building
(encroachments are not considered to be a part of the Lessee's building) while
ensuring that such extension does not impede pedestrian traffic.
b. No portion of the Lessee's fixtures shall extend beyond the
boundaries of the City-leased premises; this shall be construed to include planters,
umbrellas while closed or open, any type of lighting fixtures, and any other fixtures
of the Lessee.
c.
fencing around
business.
No island shall be created on the leased premises; i.e., the
the City-leased premises shall abut the Lessees's building and
d. the perimeters of the extension boundary shall be angled at fort-
five (45) degrees with a minimum offour (4) feet length on the diagonal(s) with the
exception that if the Lessee obtains written consent from the adjacent business, a
ninety (90) degree angle will be permitted on the side(s) for which the Lessee has
obtained such written consent.
e. The perimeter of the City-leased premises shall be enclosed by a
black wrought-iron fence as approved by CCLC, no less than thirty (30) inches in
height. Openings in the fence shall not be less than thirty-six (36) inches wide with
a gate, said gate must be self-closing and bi-directional. If there is a gate which is
not self-closing and bi-directional it must be left open and swing inward to prevent
obstruction of pedestrian right-way. These rules are in compliance with state liquor
and fire codes.
f. No service facilities, including, but not limited to, bus trays, hot
plates, water dispensing equipment and dish storage shall be located on City-leased
premIses.
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g. The extension of fixtures shall otherwise be consistent (in the
determination of the Planning Office, Commercial Core and Lodging Commission
and the City Council) with the general design guidelines and design criteria of the
Mall.
h. The Lessee shall allow its fixtures and perimeter fencing to
remain in place at its own discretion and liability and shall accept and retain full
responsibility and liability for any damage to such fixtures and perimeter fencing
caused by the operation of emergency vehicles, including, but not limited to, fire
equipment, police vehicles, and ambulances, in the performance of their duties, and
to hold harmless their duly authorized operators.
i. Neither electric nor gas lights nor electrical conduits are allowed
on the City-leased premises.
j. No signage, including, but not limited to, advertising on
umbrellas, furniture, planters or banners shall be allowed on the City-leased
premises except that menu signs shall be allowed in accordance with provisions of
. the City of Aspen sign code and subject to review by CCLC.
6. The lease premises and improvements, additions and business fixtures
thereon shall be maintained and managed by Lessee.
7. Lessee agrees to permit agents of the City to enter upon the premises at
any time to inspect the same and make any necessary repairs or alterations to the
sidewalks, curbs, gutters, streets, utility poles, or other public facilities as the City
may deem necessary or proper for the safety, improvement, maintenance or
preservation thereof. Lessee further agrees that if the City of Aspen shall determine
to make major structural changes to the Aspen Pedestrian Mall which may affect
any structures placed within the mall by the Lessee that the Lessee, by execution of
this agreement, hereby waives any and all right make any claim for damages to the
improvements (or to its leasehold interest) and agrees to remove any structures
necessary during such construction periods. City agrees to rebate all rents in the
event it undertakes major structural changers to the Aspen Pedestrian Mall during
the lease period.
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8. The City of Aspen by this demise hereby conveys no rights or interest
in the public way except the right to the uses on such terms and conditions as are
above described, and retains all title thereto.
9. Lessee agrees not to sublet any portion of the leased premises, not to
assign this lease without the prior written consent ofthe City being first obtained.
10. Lessee hereby affirms that Lessee is the owner and/or lessee of the
abutting property and agrees that on sale or other transfer of such ownership
interest, Lessee will so notify the City of the transfer in interest, and all right and
interest under this lease shall terminate.
11. Lessee agrees to surrender and deliver up the possession of the leased
premises promptly upon the expiration of this lease, or upon five (5) days' written
notice in the case of the termination of this lease by City by reason of a breach in
any provisions hereof.
12. If legal action is taken by either party hereto to enforce any of the
provisions of this lease, the prevailing party in any legal action shall be entitled to
recover from the other party all of its cost, including reasonable attorneys fees.
13. It is further agreed that no assent, expressed or implied, to any breach
of anyone or more of the covenants or agreements herein shall be deemed or taken
to be a waiver of any succeeding or any other breach.
14. Lessee agrees to comply with all laws. ordinances, rules and
regulations that may pertain or apply to the leased premises and its use. In
performing under the lease, Lessee shall not discriminate against any worker,
employee or job applicant, or any member of the public because of race, color,
creed, religion, ancestry, national origin, sex, age, marital status, physical handicap,
status or sexual orientation, family responsibility or political affiliation, or otherwise
commit an unfair employment practice.
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15. Lessee and City agree that all correspondence concerning the Lease
shall be in writing, and either hand delivered or mailed by first class certified mail to
the following parties:
City:
Lessee:
Name, Address and Signature
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
CITY OF ASPEN, COLORADO
By
John S. Bennett, Mayor
ATTEST:
.,.....
Kathryn S. Koch, City Clerk
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COMMERCIAL CORE & LODGING COMMISSION
MINUTES OF APRIL 7. 1999
Commercial Core and Lodging Commission
Meeting of April 7, 1999
Commissioners in attendance: Jon Busch, Terry Butler, Bill Dinsmoor, Don
Swales and John Starr.
Terry has a concern with the proposed teenage night club going in next to a
bar/restaurant at 419 E. Hyman, The Rock, previously the Paragon.
Jon: Harry Nickles wants to buy the trolleys. Harry is going to council at
brown bag Monday April 12th to request purchasing them.
Steve Slack stated that the trolleys are deteriorating.
Bill stated that the money could not be raised for the trolley project.
The City owns six trolleys and the trolleys are from Lisbon.
The CCLC supports a trolley project and they recommend to management
and council to postpone the sale till after the November election.
Staff will forward the recommendation to management.
MALL LEASES
Staffrelayed that the ten feet out with a 45 degree angle from the property
line into the mall was determined in conjunction with pedestrian flow and
the ability to visually see store fronts down the malls.
David Walbert submitted his neighboring letters and requested approval of
the Red Onion mall lease with no changes.
Motion: Don made the motion to approve the Red Onion mall lease, second
by Bill. All in favor, motion carried.
Carnevalle submitted neighboring letters with no changes to the mall lease.
Motion: John moved to approve Carnevalle mall lease, the same as last
year with the corrected drawing presented at this meeting; second by Terry.
All in favor, motion carried.
COMMERCIAL CORE & LODGING COMMISSION
MINUTES OF APRIL 7.1999
Acme Bar and Grill
Staff informed the Board that Acme Bar & Grill paid last week for their
1998 mall lease. Bill and Terry asked for an explanation why the mall lease
wasn't paid on time.
Acme Bar & Grill owner Robert O'Connor stated that they did not do well
last year. They are struggling to make it in this town. Board members had
concerns about the lack of good business management.
Members stated that they felt the mall lease should be paid in advance due
to the circumstances that occurred last year and to show good faith.
Don stated that there is a payment schedule in the mall lease and that was
sufficient for him.
Bill stated that the fence should not go up until the mall lease is paid.
John moved to approve Acme Bar & Grill, same as last year with the
condition that letters be received from property owners; second by Don. All
in favor, motion carried.
Mall leases can open May 20th.
Mall leases must be paid by June 30th in full.
John Bates, manager of Pacifica requested additional space due to the tree
wells. He informed the board that due to the tree placement he pays rent for
unusable space. He would like to have more room for guests to get in and
out ofthe patio.
John stated from the conversation with Mr. Bates that he understood that the
tree was impinging on the physical experience of the diner and therefore the
applicant wanted to extend out an additional foot in order to be further away
from the tree well. The board did an on-site visit.
Don stated that the only space that is lost is the dimension of the tree trunk
as the wooden tree well is flush with the brick.
Jon stated that the tree well is red wood and flush.
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COMMERCIAL CORE & LODGING COMMISSION
MINUTES OF APRIL 7.1999
Terry said that there is a problem with the chairs and movability.
Steve Slack stated that the Parks Dept. previously had flower boxes around
the tree wells and Howard Gunther, the previous owner put in the wooden
tree wells.
Terry relayed that trees are positioned differently in each location and
adjustments need made to accommodate that particular business. The tables
could not fit around the tree properly. The present mall lease is 13 feet out
from the property line.
Bill's concern is that 3 additional feet out from the 10 foot regulation has
already been approved and he has a hard time justifying additional footage.
John moved to approve the mall lease for Pacifica with the dimensions of 14
feet out from the property line on the east fa9ade by 34'8" horizontal.
Approval is subject to final measurements, (which was done) and revised
drawings to be presented to the Clerk's office in addition receipt of adjacent
shop owner's letter of approval; second by Don. All in favor, motion
carried 4-1. Jon opposed.
DEPP - Downtown Enhancement Pedestrian Plan
The Board viewed the final plans for phase one of the pedestrian plan.
Recommendations were made to the asset manager, Ed Saddler.
1. No support for the outside dining area at Bentley's on the public right-
of-way. Commercialization or vending on the public right away is not
permitted. That area is a high pedestrian traffic and there is not enough
space.
2. Placement of benches needs more work (use benches with movable
backs, this allows people to change seating orientation).
3. Like the idea of having the paving in front of Bentley's being integrated
with the mall paving.
4. Would like to have back )street-facing side) of news rack leaning rails
enclosed.
5. Recommend elimination of one set of newsracks on Mill St. (racks near
alley at Norwest Bank).
3
COMMERCIAL CORE & LODGING COMMISSION
MINUTES OF APRIL 7.1999
6. Thought trees were planted too close together.
7. In general the Board liked the concept of the plan.
MOTION: John moved to adjourn; second by Don. All infavor, motion
carried 5-1.
Meeting adjourned at 11 :30 a.m.
Kathleen J. Strickland, Chief Deputy Clerk
4
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