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HomeMy WebLinkAboutcclc.ag.01032007 -COMMERCIAL CORE & LODGING COMMISSION REGULAR MEETING SISTER CITIES MEETING ROOM CITY HALL January 3, 2007 8:30 a.m. 8:30 I. Roll call II. Approval of minutes - Dec. 20th III. Discussion on moratorium - ACRA - J.E. DeVilbiss Chris Bendon IV. Mall lease discussion for 2007 V. Market application - review process VI. Adjourn ORDINANCE NO. 51 (SERIES OF 2006) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SIX MONTH MORATORIUM ON THE ACCEPTANCE OF BUILDING PERMIT APPLICATIONS REGULATED BY SECTION 105 OF THE INTERNATIONAL BUILDING CODE FOR ANY PROPERTY LOCATED IN THE COMMERCIAL CORE ("CC") DISTRICT OF THE CITY OF ASPEN; AND, DECLARING AN EMERGENCY. WHEREAS, the City of Aspen is a Home Rule Municipal Corporation organized under and pursuant to Article XX of the Colorado Constitution and the City of Aspen Home Rule Charter; and, WHEREAS, the City of Aspen currently regulates land uses within the City limits in accordance with Chapter 26.104 et seq. of the Aspen Municipal Code pursuant to its Home Rule Constitutional authority and the Local Govemment Land Use Control Enabling Act of 1974, as amended, ~~29-20-101, el seq. C.R.S; and WHEREAS, Section 4.11 of the Charter authorizes the City Council to enact emergency ordinances for the preservation of public property, health, peace, or safety upon the unanimous vote of City Council members present or upon a vote of four (4) Council members; and WHEREAS, the economy of the City of Aspen including operating revenues of the City (which consist, in substantial part, of the proceeds of its sales taxes) are dependent upon the tourism industry which in turn is dependant upon the area's scenic and recreational attractions, its mild climate, and the unique historic character of its central business district; and WHEREAS. there is a substantial public interest in the preservation of the unique historic nature and character of certain structures, including their interiors and current uses. located within the commercial core district of the City of Aspen; and WHEREAS, the City Council finds, determines and declares that the public health, safety, welfare and convenience require the preservation of the aesthetic beauty of the City of Aspen, its historic and community character, and the unique character of the uses of buildings and structures within the commercial core of the City of Aspen; and, WHEREAS, the fundamental purposes of regulating land uses include: the protection of property values; the advancement of the attractiveness of the aesthetics of the City; the improvement of the experience of tourists visiting the City; the encouragement of the most appropriate uses ofland; the preservation of the current vitality, character, and history of the City's central business area; the preservation, conservation, and protection of uses and values of land and buildings within the central business area of the City; and WHEREAS, in light of the potential loss of buildings, structures, objects, and existing uses within certain buildings within the Commercial Core District of the City that may have historical significance for the City and the negative impacts such loss would have on the health, Emergency Ordinance Ordinance No. 51. Series of2006 Page 1 peace, safety, prosperity, and general well-being of the residents and visitors of Aspen, urgent action is necessary and the exercise of the authority granted to City Council pursuant to Section 4.11 of the City of Aspen Municipal Charter is warranted; and, WHEREAS, the City Council finds, determines and declares that the City Council and the Community Development Department require a period of time in which to review all existing land use and building codes and regulations as they affect properties within the Commercial Core Zoning District whose current uses add to the value, aesthetics, tourist experience, vitality, character, or history to the City's Commercial Core to ensure that all land use development proceeds in a manner that is consistent with the Aspen Area Community Plan; and WHEREAS, the City Council desires that the staff of the Community Development Dcpartment conduct a thorough analysis and assessment of the Land Use Code and Building regulations affecting the development of properties within the Commercial Core, in particular those whose current uses add to the value, aesthetics, tourist experience, vitality, character, or history; and WHEREAS, a six month moratorium on the acceptance of applications for, and the issuance of, building permits related to buildings or structures within the City of Aspen Commercial Core Zoning District will enable a reasoned discussion and consideration of amendments to the Land Use Code and Building regulations without creating a rush of development and building permit applications and the related impacts on the community; and WHEREAS, the City Council has determined that it is necessary to declare an emergency for the preservation of public property, health, peace, and safety with the imposition of a moratorium on the issuance of building permits for buildings or structures located within the City's Commercial Core Zoning District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: Section 1. Moratorium on the AcceDtance orand Issuance of Buildinl! Permits. There is hereby imposed a six month moratorium on the acceptance of applications within the Commercial Core (CC) Zone District by the Community Development Department of Permits governed by Section 105 of the International Building Code as adopted and amended by Chapter 8.20 of the City of Aspen Municipal Code. In addition, there is hereby imposed a six month moratorium on the applicability of the exemptions from permit requirements set forth at Section 105.2 of the International Building Code with respect to the following types of development activity within the Commercial Core Zone District: tiling, cabinets, counter tops, and similar finish work, including window and door trim, base board, wainscot, and built-in furniture such as booths, banquets, bars, and shelving. Accordingly, the aforementioned types of activities shall be prohibited during the duration ofthe moratorium imposed by this Ordinance. Section 2. ExemDtions from Moratorium. The Chief Buiiding Official shall exempt the following Building Permit applications from this temporary moratorium: Emergency Ordinance Ordinance No. 51, Series of 2006 Page 2 (a) Any application for a Building Permit, or portion of an application for a Building Permit, submitted to the Community Development Department prior to final passage of this ordinance and deemed to be complete by the Chief Building Official. (b) Any application for a Buiiding Permit, or portion of an application for a Building Permit, for signs or for work that is limited to the exterior of a structure. (c) Any application. for a Building Permit, or portion of an application for a Building Permit, for work that is limited to and consistent with an approved Development Order, or an ordinance granting specific land use approval(s). (d) Any application for a Building Permit, or portion of an application for a Building Permit, for work that is limited to the interior of non-commercial spaces (residential or lodging use) or commercial space used solely for office use within a building or structure as long as such permit does not alter the use of the building or portion thereof. ( e) Any application for a Building Permit, or portion of an application for a Building Permit, for work that is limited to the interior spaces of commercial spaces within a building or structure that is determined by the Community Development Director to be undertaken to move an existing use .from one location to another within the Commercial Core Zone District or, to make minor improvements to a business' existing space, and which does not substantially alter the intensity of the use and the profile of the use. (f) Any application for a Building Permit, or portion of an application for a Building Permit, for work that is limited to improving the accessibility of a building or portion thereof. (g) Any application for a Building Permit, or portion of an application for a Building Permit, for exploratory purposes. For example: a permit to remove drywall to determine the structural capability of a wall. (h) Change orders and secondary permits for buildings, or portions thereof, for which a Main Permit is active. For example: a mechanical permit for a space which has an active Main Permit (a.k.a. "number one permit"). (i) New Main Permits for buildings, or portions thereof, for which a Main Permit is already active. For example: a "tenant finish" for a "shell" which is currently under construction. (j) Any application for a Building Permit, or portion of an application for a Building Permit, submitted to the Community Development Department that is determined by the Chief Building Official to be for the sole purpose of repairing a building or Emergency Ordinance Ordinance No. 51, Series of 2006 Page 3 structure, or portion thereof, necessary for the correction or prevention of a dangerous, unsafe, or unsanitary condition. (k) Painting, papering, and carpeting which does not require a building permit as defined by Section 105.2 of the International Building Code. (1) Any application for a Building Permit, or portion of an application for a Building Permit, submitted to the Community Development Department that is determined by the Chief Building Official to be an Emergency Repair as defined by Section 105.2.1 of the International Building Code. (m) Any application for a Building Permit, or portion of an application for a Building Permit, for an Essential Public facility as that term is defined at !l26.104.100 of the Aspen Municipal Code. Section 3. Effect on Buildinl! Permit ADDlications A. A Building Permit Application shall be defined for the purpose of this ordinance as the Permit required by Section 105 of the International Building Code determined to be complete by the Chief Building Official. All Building Permit Applications determined to be complete on the effective date of this Ordinance shall be reviewed and processed according to the provisions of the Aspen Municipal Code, as applicable, in effect on the date of submission. B. Pre-Application Conferences, Pre-Application Conference Summary reports, pre-submittal conferences, or formal or informal discussions with Community Development staff, including the Chief Building Official, or review Boards shall not constitute a complete application or any other official status. Applications submitted after the effective date of this Ordinance shall comply with the terms ofthis ordinance and of the Land Use Code and Building Code, as amended. Section 4. ADDeals Concerninl! Moratorium. A. Appeal from Adverse Decision of the Communitv Development Director or the Chief Building Official. An applicant for a Building Permit may appeal an adverse decision of the Community Development Director or the Chief Building Official made pursuant to this Ordinance to the City Council in accordance with the appeal provisions of Chapter 26.316 of the Aspen Municipal Code. The action by City Council shall be considered the final administrative action on the matter. B. Appeal Due to financial Hardship. An applicant for a Building Permit who wishes to seek relief from this moratorium because of financial hardship may appeal to a Hearing Officer appointed by the City Manager who shall have no relationship to the City (other than as a hearing officer) or to the property owner. The Emergency Ordinance Ordinance No. 51, Series of2006 Page 4 Hearing Officer shall determine if administrative relief shall be granted considering the following: 1. A description of the property and structures located thereon. 2. The original purchase price of the property and subsequent investments or improvements in the property made prior to the adoption of this Ordinance, other than normal operations and maintenance. 3. Any unrecoverable costs made prior to the adoption of this Ordinance. 4. A current appraisal of the property considering the effect of this Ordinance. 5. A description of the depreciation method applied to the property for income tax purposes, based on generally recognized accounting principles applicable at the time the property was originally acquired by the property owner. 6. The assessed value ofthe property for tax purposes. 7. Copies of the property owner's income tax and financial statements for the past five (5) years. 8. Any additional information the property owner may want to submit that may demonstrate financial hardship. Within thirty (30) days of complete application submission, or as otherwise reasonable, a hearing date and time shall be scheduled for the hearing officer to consider written and verbal testimony from the property owner and a representative of the City. The hearing officer shall, within thirty (30) days of the hearing, issue a written determination as to whether the financial hardship represented by this moratorium upon the property owner is beyond reasonable expectation and representing substantial unrecoverable financial loss and a special circumstance unique to the property owner which is not applicable to other property owners affected by this moratorium such that the property owner's rights are being substantially deprived. The hearing officer shall determine any relief to be provided to the property owner, including release ,of the property from the terms of-this ordinance. The determination shall detail the factors considered including, but not limited to: 1. The base value of the property - the original purchase price plus investments and improvements (other than normal operations and maintenance). 2. IRS rules related to depreciation. 3. Residual value of the property based on a current appraisal assuming the effect of this Ordinance. 4. Other factors that may be considered "unrecoverable costs" by the property owner. 5. A financial analysis of the above using a recoupment of investment model. The action by the hearing officer shall be considered the final administrative action on the matter. Emergency Ordinance Ordinance No. 51, Series of2006 Page 5 Section 5. Penalties The penalties for violation of the terms of this ordinance shall be those established by Section 26.415.140 of the Municipal Code. Section 6. Emerl!encv Declaration It is hereby declared that, in the opinion ofthe City Council, an emergency exists; there is a need for the immediate preservation of the health, safety, peace, and welfare of the City of Aspen, its residents, and guests; and, this temporary moratorium provides the time necessary to prepare a review of all current land use and building code regulations and for the City Council and staff of the City of Aspen to consider amendments, if any are required, to the Land Use Code or Building Code of the Aspen Municipal Code. Section 7. Effective Date and Duration of Moratorium. This Ordinance shall become effective immediately upon passage and shall terminate on June 12, 2007 unless extended by a duly adopted ordinance ofthe City Council. Section 8. Publication. The City Clerk is directed that publication of this ordinance shall be made as soon as practical and no later than ten (10) days following fmal passage. Section 9. Severabilitv. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutionat in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 10. Existinl! Litil!ation. This Ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Emergency Ordinance Ordinance No. 51, Series of 2006 Page 6 INTRODUCED AND READ as provided by law as an emergency Ordinance by the City Council of the City of Aspen on the iJ--- day of M (I P /71-# P ./1-<2006. FINALLY adopted, passed and approved this /,Q day of ~2006, by o the unanimous vote of all City Council members present; or ~a vote of four (4) council members. JPW- saved: 12113fl006-2518-G:\john\word\ords\Change in use-emerg-ord.doc Emergency Ordinance Ordinance No. 51, Series of2006 Page 7 MALL LEASE AGREEMENT THIS LEASE AGREEMENT made as of . 2006, 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 lease 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. Encroachments are not to be considered to be part of such building and/or lot. The term of this lease shall be for the period of time beginning on May , 2006 and terminating on October 15, 2006. Rent shall be calculated at $2.50 per square foot per month. As rent for such area and term, Lessee hereby agrees to pay City the total sum _which sum shall be payable in advance on or before AU1!:ust 15, 2006 at the offices of the City Clerk, Aspen City Hall, Second Floor, 130 S. Galena Street, Aspen, Colorado 81611. . If the rent payment is not paid in full when due, a penalty in the amount often percent (10%) shall be assessed on the arrears and, in addition, interest on the arrears shall accrue at the rate of two percent (2%) per month. 2. Lessee agrees to use such area for the sole 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 11 :00 p.rn. 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, Lessee agrees to furnish City with certificate(s) of insurance naming the City of Aspen as an additional insured as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the leasing, use, occupancy, maintenance, and operation of location of the leased premises. The insurance shall be procured from a company authorized to do business in the State of Colorado and be satisfactory to the City. The amount of this insurance, without co-insurance clauses, shall not be less than the maximum liability that can be imposed upon the City of Aspen under the laws of the State of Colorado found at C.R.S. Section 24-10-101, et seq. as amended. Lessee shall name the City as co-insured on all insurance policies and such policies shall include a provision that written notice of any non-renewal, cancellation or material change in a policy by the insurer shall be delivered to the City no less than ten (10) days in advance of the effective date. 5. 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. 6. Menu boards must be flush mounted to the outside of the fence. Two are permitted. Size for each menu board is four square feet: lx4 or 2x2. Twinkle lights with no flash are permitted. Sandwich boards are permitted inside leased premises. Podiums must be inside leased space. Waite station permitted within leased premises. Portable waite stations are preferable. Must be taken in at night 2 for wildlife protection. No food or ice to be dispensed from waite station. If beverage is to be dispensed must have lids. No mixing of drinks at waite station. If waite station is temporarily affixed for the season it must be sanitized nightly. Flower ports are to be attached to the inside of the fence. Umbrellas with signage other than business name are permitted. Umbrellas must be contained within the leased premises. 7. Lessee agrees to permit agents ofthe City to enter upon the premises at any time to inspect the same and make any necessary repairs or alterations to the sidewalks, curbs, gutters, streets, utility poles, or other public facilities as the City may deem necessary or proper for the safety, improvement, maintenance or preservation thereof. Lessee further agrees that if the City of Aspen shall determine to make major structural changes to the Aspen Pedestrian Mall which may affect any structures placed within the mall by the Lessee that the Lessee, by execution of this agreement, hereby waives any and all right make any claim for damages to the improvements (or to its leasehold interest) and agrees to remove any structures necessary during such construction periods. City agrees to rebate all rents in the event it undertakes major structural changers to the Aspen Pedestrian Mall during the lease period. 8. The City of Aspen by this demise hereby conveys no 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. II. 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. 3 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. 15. Lessee and City agree that all correspondence concerning the Lease shall be in writing, and either hand delivered or mailed by first class certified mail to the following parties: City of Aspen 130 South Galena Street Aspen, Colorado 81611 CITY OF ASPEN, COLORADO By City Manager, Steve Barwick Lessee EXAMPLE: The mall lease fee for 2006 is $2.50 a square foot Calculation: 2.50 x 855 sq.ft. = $2,137.50. x 12 = $25,650. ./.365 = $70.27 a day x 122 days = $8,572.94 On behalf of City Council we thank you for adding ambiance to our mall. The City is only charging you from June 1st through Sept. 30th. Kathleen Strickland Chief Deputy City Clerk 920-5060 4 MALL ADDRESSES -SQUARE FOOTAGE - 2006 _May 15th through October 15th 2006 Charges for 2006 will be from June 1st through Sept. 30th = 122 days Parks revenue account - 10000-00000-66140 Pacifica - 920-9775 Russell Hoffberger 307 S. Mill Aspen, Colo. (608 sq.ft.) 81611 2006 2.50 x 608 sq.ft = $1,520. x 12 = $18,240 ./.365 = $49.97 a day x 122= $6,069.50 19x32 Total $6,069.50 Paid check # Red Onion - 925-9043 David Walbert 420 E. Cooper Aspen, Colo. 81611 10x21 (210 sq.ft.) Total $2,105.72 2005 2.50 x 210 sq. ft. = $525. x 12 = $6,300./.365 = $17.26 day x 122 days = $2,105.72 Paid check # D-19 - 925-6019 Craig Cordts-Pearce 307 S. Mill Street Aspen, Colo. 19x45 (855sq.ft.) Total $8,572.94 2006 2.50 x 855 sq.ft = $2,137.50. x 12 = $25,650./.365 = $70.27 a day x 122 = $8,572.94 Paid check # Takah Sushi 274-4278 - Ron's cell Casey Kaufman 320 S. Mill Aspen, Colo. Total $5,137.50 20062.50 x 500 sq.ft.= $1,250.00 x 12 = $15,000 ./.365 = $41.10 a day x 125 days = $5,137.50 Paid check # 19.5 x 30.5 = 594.75 sq. ft. Gave a reduction of 94.75 square feet - per Barwick loss of electricity in 2005. ASPEN SATURDAY MARKET ApPLICATION 2007 Mission Statement: Create a diverse market place for our Community and visitors! Eligibility: . "Colorado" made, grown, produced or manufactured produce, fine art & select crafts. . "Brokeredn items will not be accepted. Brokered items are products made elsewhere requiring a minimal finishing touch or brokered items requiring only some merchandising/assembly. Market Rules: . The market runs from June 16, 2007 through Oct. 27, 2007. . Set up time for the market is 7:00 to 8:00 a.m. Vendors are expected to be open for business from 8:00 a.m. until 3:00 p.m., rain or shine. *NOTE* After labor Day market hours are 9:00 to 3:00 p.m. . Please arrive at least one hour prior to the market. . If your vehicle does not arrive by half-hour prior to market time you will not be allowed to participate that day. . Please pack up and unload your car near your designated spot and immediately move your CAR! Do not block the emergency exit center of the street. large produce rigs have priority parking. . Vendors of craft vehicles are not permitted to have their vehicles at their booth. . Tear down will not start before 3:00 p.m. . Vendors are required to commit to the entire season. If a vendor pulls out of the market after being accepted they may not be considered for the following season. . Vendor Reserve List - Applicants must apply and be approved by the Commercial Core & lodging Commission (CClC). The reserve list is for those vendors who cannot make ONE or TWO market dates due to conflicting shows or illness. Vendors call people on the reserve list and also contact the market manager to advise who will be taking their place. Vendors on the reserve list must purchase a one or two day business license through the manager: $15 or $25. Booth space is $40. for each day. Checks to be made out to Aspen Saturday Market. . No refund after acceptance notification. . You may only sell what has been approved prior to market. If you want to bring a new item it must be reviewed by the CClC. . All vendors must be onsite at the market. . If vendor is admonished twice from either the market manager or farmer's designee vendor will be asked to leave the market. . Booth: We aim for an attractive look to your booth. Tent size should be 10x10. Please bring weights and tent sides in case of high winds and rain. . No food or drink may be distributed by anyone other than designated vendors. . No encroachments permitted into fire lane. After two violations vendor will be asked to leave the market. . Non-profit booth to be coordinated through Pitkin County Health & Human Services, Susan Berdahl. . ACRA business booth to be coordinated through the Aspen Chamber Resort. local businesses are affected by the market. In order to support the ACRA membership, ACRA members are allowed to sign up for the ACRA booth. Criteria: Must have a City of Aspen business license and sell merchandise that is displayed in your store only. Additional information: . A mandatory exhibitor meeting for acceoted artisans will be held June 8th, 2007. 1:00 p.m. at City Hall. If artisan cannot attend please contact manager. . At the meeting exhibitors must show proof of: a. City of Aspen Business License, $150. b. Colo. Sales Tax license (Please note that in shared booths, each business must have their own business license). . All vendors must pay their sales tax monthlv. If a vendor does not pay his/her sales tax, he or she will be excluded from further participation in the market. . City sign code: A 10 x 10 booth sign may not exceed six square feet (examples, l' x 6'or 2' x 3'). Needs to be professional. . Produce trucks signage cannot exceed 14 square feet, 2'x7'. Single Booth Fee: 10x10 booth - $460. Oversized booths priced on individual basis to be determined by board. Please identify size. Shared booth Fee: two people share the same booth or alternate weeks. Priority selection will go to single booth applicants. 10x10 - $660.00 Please identify both artists in the shared booth. Each artist should submit photographs etc. Back up/Reserve Booth Applicants: $40. per day and paid on that day to market manager. Must pay for business license that day and turn in taxes to City and State. Agriculture Vendor: up to 30 feet. $575. Additional ten feet increments - $20. Identify footage required: To apply please submit: Applicants must submit photographs of representation of art and artist at work. Agriculture vendor need not submit photographs. All vendors must send check at time of application. Make check payable to Aspen Saturday Market. PLEASE SUBMIT BOOTH CHECK AT THE TIME OF APPLICATION ARTISANS AND AGRICULTURE. Checks will be returned if you are not accepted into the Saturday Market. *Agriculture applications will be mailed to Dave Whittlesey for review and approval by the agriculture board after the application deadline. *Incomplete applications (artisans and agriculture) will not be considered even if you have been accepted in the past. 2 Application deadline: The application deadline for the Aspen Saturday Market is January 31, 2007. All applications must be received no later than 5:00 p.m. Mail application to: City of Aspen Attn: Kathy Strickland 130 South Galena Aspen, CO 81611 Fax: 970-920-5197 Phone: 970-429-2687 E-mail: kathys@ci.aspen.co.us Please Print Vendor Entry Form: Date: Business Name: Contact Person(s) City Business license number: CO Tax ID#: Physica I Add ress: Mailing Address: Phone: Cell Phone: Email Address: Cate( orv of Art: Check One Jewelrv Glass Weaving Furniture Aooarel Paintings/ Photography Paper Bath/Body Printmaking Leather Sculpture Wood Dolls/Stuffed animals Pottery Services ACRA booth Other Agriculture Describe product and source of materials: 3 Agriculture and Artisan Contract: Application will not be considered without payment, photos of work, photo of artist, and signed agreement. NO stakes can be driven into any surface. If said art is other than originally presented in entry form, not original or not produced by said artist, the Aspen Saturday Market reserves the right to dismiss said display. Market manager may visit production site to ensure products are locally made. Aspen Saturday Market™ Hold Harmless A. In consideration for being permitted to perform the below-described activities, the undersigned agrees to indemnify and hold harmless the Aspen Saturday Market, it's sponsors and co-sponsors, the City of Aspen, its officers, employees, board members, and insurers, from and against all liability, claims and demands, on account of injury, sickness, disease, death, property loss or damage, or any other ioss of any kind whatsoever, which arise out of or are in any manner connected with the below-described activities, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, negligence, or other fault on the part of the person performing the activity. B. The person performing the undersigned activities understands that the activities may involve risks of injury, loss or damage to the person performing the activities, including but not limited to bodily injury, personal injury, sickness, disease, death, and property loss or damage. By signing this agreement, the person performing the activity expressly agrees to assume any and all such risks. In addition, in consideration for being permitted to perform the below described activities, the person performing the activity expressly exempts and releases the City of Aspen, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands on account of injury, loss or damage to the person performing the activity including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, or property loss or damage, that the person performing the activity may incur as a result of being upon the premises of the City of Aspen or as a result of performing the below-described activities, whether any such liability, claims, and demands result from the act, omission, negligence, or other fault on the part of the City of Aspen, its officers, or its employees, or from any other cause whatsoever. C. The undersigned agree(s) to comply with all the rules, regulations, laws, ordinances, and statutes of the City of Aspen and of the Aspen Saturday Market. D. The Aspen Saturday Market may publish images of market participant's products in promotional materials or the media. Signing this contract permits ASM to publish images. EXECUTED this _ day of and signature(s) appear below. , 2007, by the person(s) whose name(s) 4 COMMERCIAL CORE & LODGING COMMISISON Deadline for applications is January 31 st. Assuming that all the non agriculture vendors that were in last year apply this year the following will be reviewed by the CCLC. . Dos Amigas Kettle Com Jack rabbit Hill Jeffs Italian Ice Pastamore Louis Swiss Wood Creek Cellars Pomeroy's Brownies Cakes, Cakes Dahlias All applications come to the City Clerk's office and agriculture vendors will be sent to Dave Whittlesey.