HomeMy WebLinkAboutLand Use Case.CU.308 S Hunter St.A66-90
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PARCEL ID AND .CASE . NO.
.;;;J 73 l-/?a:-.2.r ~A66-90
STAFF MEMBER: LL
. p' e..<..J
PROJECT NAME: SILVER CITY GRILL CONDITIONAL USE APFbICAYIOH
Project Address: ~;/~8 South Hunter st),.. Aspen.CO 81611
Legal Address: ,''& /',"+5 4, JS J C. J:) (J<'^ )00
APPLICANT: PHIL C. WEIR I '
Applicant Address: P.O. BOX 2732. ASPEN. CO 81612
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CASE ill SUMMARY SHEET
);ity of Aspen
.~
DATE
DATE
RECEIVED: 11~1'90
COMPLETE: --1l J
REPRESENTATIVE: Phil C. Weir
Representative Address/Phone: P.O. Box 2732. Aspen. CO
925-6261
PAID: YESXXNO AMOUNT:
$780 NO. OF COPIES RECEIVED:
1 STEP: ~ 2 STEP:
PUBLIC HEARING: (Y~ NO
VESTED RIGHTS: YES NO
TYPE OF APPLICATION:
P&Z Meeting Date /2.j/8
CC Meeting Date
PUBLIC HEARING: YES
NO
VESTED RIGHTS:
YES
NO
Planning Director Approval:
Insubstantial Amendment or Exemption:
Paid:
Date:
REFERRALS :
city Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
)( Envir. Hlth.
Aspen Con.S.D.
. Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshal
Building Inspector
Roaring Fork
Energy Center
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Other
DATE REFERRED:
///9/90
INITIALS:
1)1
FINAL ROUTING: DATE ROUTED: ~ t~ I INITIAL:2J(/
___ city Atty ____ city Engineer \l!zoning ~ Env. Health
___ Housing ____ Other: ~
FILE STATUS AND LOCATION: (;d'G (~ 'ftl (j..../
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL OF THE SILVER CITY GRILL (308 SOUTH HUI!ITER STREET) AS A
.CONDITIONAL USE IN THE C-l ZONE DISTRICT
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Resolution No. 90-....6....
WHEREAS, the Planning and zoning Commission held a public
meeting December 4, 1990; and
WHEREAS, a conditional use review is a public hearing; and
WHEREAS, the Planning staff recommended approval of the
conditional use with conditions; and
WHEREAS, the Commission amended the recommendation
to include the condition that the applicant's operations shall be
reviewed on an annual basis to determine that the use has not
changed or the number of full-time equivalent employees has not
increased and to determine that they are in compliance with the
representations; and
WHEREAS, the Commission amended the recommendation to
establish a baseline operation of 6 full-time equivalent
employees.
NOW, THEREFORE BE IT RESOLVED by the Commission that it does
hereby approve the conditional use for the Silver City Grill with
the following conditions:
1. Odor complaints shall require review and monitoring of the
restaurant. Emission control devices may be required.
2. If the applicant were to change the proposed Flat-Griddle
type of operation the installation would not be approved without
the use of an alternate emission-control device. In addition the
ventilation-system installation must meet the requirements of the
~
MEMORANDUM
FROM:
Leslie Lamont, Planner
TO:
Aspen Planning and Zoning Commission
RE:
silver City Grill Conditional
DATE:
December 4, 1990
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SUMMARY: The applicant seeks to operate a restaurant in the C-1
Zone District. A restaurant is a conditional use in this zone.
The applicant has bought the lease for the space once occupied by
Lauretta's. There is no record of a conditional use approval for
Lauretta's. Staff believes that the Commission's caution
regarding restaurants in the C-1 zone and the lack of a
conditional use for this restaurant space necessitates a review
of this proposal.
APPLICANT: Phil weir
LOCATION: 308 South Hunter Street
ZONING: C-1
APPLICANT'S REQUEST:
dinner.
To operate a restaurant for lunch and
REFERRAL COMMENTS:
Environmental Health: Maria Cook of the Environmental Health
Department, reviewed the application and commented that the
applicant's proposed seating capacity of 24 seats does not
conflict with the previously approved seating in consideration
for the available toilet facility of the former food service
operation. If the applicant were to change the proposed Flat-
Griddle type of operation the installation would not be approved
without the use of an alternate emission-control device. In
addition the ventil~tion-system installation must meet the
requirements of the 19,88 Uniform Mechanical Code.
Please see the attached referral comments.
STAFF COMMENTS: The applicant proposes to begin operation of a
hamburger restaurant including take-out in a location that was
recently occupied by a food establishment, Lauretta's. Prior to
Lauretta 's, the Yogurt Cafe occupied this space. There is no
record of conditional use approval for either of these
establishments. However in 1977 a conditional use was granted
for the Chocolate Solider. The Chocolate Soldier was the first
occupant of the newly constructed space and was a candy store.
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In 1977 staff's general concern was with food service uses that
utilized "sit-down restaurant service". There were no conditions
of approval with the 1977 approval. --------
Technically the changing uses that have occurred in that space
after the Chocolate Soldier should have been an amendment to the
1977 conditional use approval. Staff believes that because a
food service operation never received a formal conditional use
review that the changing ownership precipitates review by the
Commission. As conditional uses change hands, there may be .a
tendency to intensify or alter the intent of the use. For
example: increase the number of employees and/or shift from a
local oriented use to a more tourist oriented business thus
becoming incompatible with the intent and goals of the C-1 Zone
District.
section 7-304 of the Land Use Code sets out the standards for
conditional use review:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the Zone District in which it is proposed
to be located.
RESPONSE:
location of
The purpose
According to the Aspen Area Comprehensive Plan the
the proposed restaurant is within .the Central Area.
of the Central Area is to allow commercial activity.
The purpose of the C-1 Zone District is to provide for the
establishment of commercial uses which are not primarily oriented
toward servicing the tourist population. The recent business was
a popular local oriented food establishment. The proposed
restaurant has committed to serving the local population. The
applicant intends to provide hamburger, shakes, fries, hot dogs
and beer in a price range of $3.25 to $5.00. Phil proposes to
o lC a t service for locals with limited seating, not
( to exceed 24 seats.
B. The conditional use is cons'istent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture of
complimentary uses and activities in the immediate vicinity of
the parcel proposed for development.
RESPONSE: The space was a restaurant and there is another
restaurant directly below. The location of this space is across
the street from the CC zone and is within the vicinity of other
commercial activity and at the end of the building which abuts
the alley. There are no residential uses wi thin proximity of
this building. The location of this use is within easy walking
distance for employees who work within the center of town.
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C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects, including
visual impacts, impacts on pedestrian and vehicular circulation,
parking, trash, service delivery, noise, vibrations and odor on
surrounding properties.
RESPONSE: A restaurant has operated in this location for several
years. Before Lauretta 's, the Yogurt Cafe operated in this
space. It is anticipated that the change in restaurant operation
will not create additional impacts. The space, 700 square feet,
will not be expanded for this new business.
The configuration of the building and the space proposed for the
silver Grill is situated in such a manner that the exhaust system
vents to a side of the building that is relatively isolated from
other human activity or building windows. The Environmental
Health Department has noted that is the applicant were to change
the Flat Griddle operation for a Charbroiler type unit, the
installation will not be approved without the use of an alternate
emission-control device such as an electrostatic precipitator,
grooved griddle or afterburners.
D. There are adequate public facilities and
the conditional use including but not limited
water, sewer, solid waste, parks, police,
emergency medical services, hospital and
drainage systems, and schools.
services to serve
to roads, potable
fire protection,
medical services,
RESPONSE: No expansion of the space is proposed only an interior
remodel. According to the Environmental Health Department, the
existing public facilities are adequate to service the proposal.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use.
RE6~NSE' According to the application there will be a total of
~5 emPlOY~inClUding the owner equaling 2.5 full time employees.
The affordable housing criterion requires an applicant to supply
housing to meet the incremental need. According to an affidavit
from Lauretta she employed 9 full-time employees. Although the
employee base for a food service business was never assessed,
staff does not believe that the changing ownership of this
commercial space should now compensate for the lack of
enforcement in the past. In addition, as the standard above
indicates, an applicant shall only be required to mitigate the
incremental increase in employees. This change in operation
represents a downsize of the previous use. If the restaurant
begins to employ more than 9 full-time employees than the
applicant should be required to mitigate the housing impacts. A
cash-in-lieu payment of $35,000 per employee (low-income
3
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category) may be used or off-site housing may be purchased to
mitigate the impacts.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area comprehensive Plan and
by all other applicable requirements of this chapter.
RESPONSE: The proposal is only a change in the type of food-
service provided with some minor interior remodeling.. The use
complies with the goals of the Aspen Area Comprehensive Plan and
meets all the applicable requirements of the Land Use Code.
This conditional use review should, however establish as a base
line for future ,ec1vews the number of employees and number of
customer seating: ~ employees and 24 seats. Any intensification
in operation that proposes to increase either the employee base
or number of seats would require an amendment to this conditional
use.
RECOMMENDATION: The Planning Office recommends that the Planning
and Zoning commission approve the conditional use with the
following conditions:
1. Odor complaints shall require review and monitoring of the
restaurant. Emission control devices may be required.
2. If the applicant were to change the proposed Flat-Griddle
type of operation the installation would not be approved without
the use of an alternate emission-control device. In addition the
ventilation-system installation must meet the re9?irements of the
1988 Uniform Mechanical Code. lo~
~3. If the restaurant begins to employ more th~full-time
i(9\);ucJW\I'Qi\,~lu.l'ees' then the applicant shall be required to mitlgate the
\ housing impacts. A cash-in-lieu payment of $35,000 per employee
(or current amount as indexed by the Housing Authority) may be
~sed or off-site housing may ~e~urchased tq m~.,~tliggaa~t~e the
lmpacts. ~ -f /lJ C~.~5<-1..~~J>..e{LtAf~
4. (i's conditional use stablisheS{ ~se liLine operation for
this ~.oowm ercial space of full-time empleyg9~ and 24 customers
seats~ny upgrade in service e.g. number of employees or seats
shall constitute a change to the conditional use and shall
require an amendment to this conditional use approval.
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MEMORANDUM
TO: Leslie Lamont, Planning Office
FROM: Maria T. Crook, Environmental Health Department
*~
RE: Silver city Grill Conditional Use Review
DATE: November 23,1990
After reviewing the application in regard to Mr. Phil weir I s
proposed restaurant operation at 308 S. Hunter, Aspen, co.,
this office has no objection to the approval of the Conditional
Use Permit.
Mr. Weir has done a great deal of steam cleaning
of the food preparation area, and is not planning
new kitchen equipment and is not proposing
remodeling of the kitchen facility.
and repainting
to install any
an extensive
The seating capacity of 24 is not in excess
approved seating in consideration for the
facility of the formerly known Lauretta's food
of the previously
available toilet
service operation.
However, if Mr. Weir would change the proposed Flat-Griddle type
of operation in the future for a Charbroiler-type unit, the
installation and the operation can NOT be approved without the
use of an alternate emission-control device, such as an
electrostatic precipitator, grooved griddle or afterburners.
/ Ordinance NO.l2 section 11-2.4 Restaurant grills./
\]lSO' the ventilation-system installation must meet
requirements of the 1988 Uniform Mechanical Code, enforced by
Building Department.
Please, contact this office should you have any further
questions.
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Post Office Box 10059 . Aspen. Colorado 81612
(303) 925,7464
NOV, 2 I~_.J
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NOV/2
PROMISSORY NOTE
Principal Amount: $7,500.00
Aspen, Colorado
October 31, 1990
FOR VALUE RECEIVED, Phil Weir promises to pay to the order of
George Stranahan at Aspen, Colorado, or such other place as the
Holder hereof shall designate, the principal sum of Seven Thousand
Five Hundred and OO/lOO Dollars ($7,500.00) with interest at the
rate of ten percent (10%) per annum; payable as follows:
Two Thousand and Five Hundred and 00/100 Dollars ($2,500.00)
together with accrued interest on February 15, 1991, and
Five Thousand and OO/lOO Dollars ($5,000.00) together with
accrued interest on January l, 1992.
The Maker shall have the right to prepay all or any portion
of the outstanding principal balance plus accrued interest at any
time without penalty.
IT IS AGREED that if this note is not paid when due or
declared due hereunder, the entire principal and accrued interest
thereon shall draw interest at the rate of thirteen percent (l3%)
per annum, and that failure to make any payment of principal or
interest when due or any default under any encumbrance or agreement
securing this note shall cause the whole note to become due at
once, or the interest to be counted as principal, at the option of
the holder of the note. The makers and endorsers hereof severally
waive presentment for payment, protest, notice of non-payment and
of protest, and agree to any extension of time of payment and
partial payments before, at or after maturity, and if this note or
interest thereon is not paid when due, or suit if brought, agree
to pay all reasonable costs of collection including attorney 's
fees, and if foreclosure is made by the Public Trustee, attorney's
fees shall be added by the Public Trustee to the cost of
foreclosure.
The Maker of this note severally waives presentment for the
payment, notice of non-payment, protest, and notice of protest.
Ph~eir\2c-\
DATE:
I \ -"/.-.- 9 v
To whom it may concern:
November 1,1990
R,.Oo
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Phil Weir, dba Silver City Grill,
We are the owners of the building located at 308 So. Hunter
st. Aspen, Colorado. Mr. Weir has a Lease on a space in our
building until October 31,1996.
Mr. Weir is permitted to occupy this space as a resturant,
and has our permission to apply for wha ever permits are needed
to open or operate a resturant.
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PA TRIC I^ D. LONG -
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COMMERCIAL LEASEHOLD
PURCHASE AND SALE AGREEMENT
(Seller's Remedy limited to Liquidated Damages)
This is a legal instrument. If not understood, tax or other
counsel should be consulted before signing.
October 31
, 19 90
1. The undersigned agent hereby acknowledges having received from
Phil Weir
the sum of $ 1.000.00 , in the form of a personal check , to be
held by The Fleisher Companv. Inc. , broker, in broker's escrow or trust
account, as earnest money and part payment for the following described
Commercial Leasehold in the citv of Aspen county of Pitkin
Colorado, to wit:
the commercial Leasehold coverinq the premises known as the Southernmost
space'of the upper level of the Centennial Buildinq. located at 308 South
Hunter Street. Aspen. Colorado.
together with all improvements thereon and all fixtures of a permanent
nature currently on the premises except as hereinafter provided, in their
present condition, ordinary wear and tear excepted, located at 308 South
Hunter Street. Aspen. Colorado 8l6ll
(street Address, city, Zip)
2. subj ect to the provisions of Paragraph l7, the undersigned
person(s), Phil Weir hereinafter called Purchaser,
hereby agrees to buy the Leasehold and the undersigned owner(s),
hereinafter called Seller, hereby agrees to sell the Leasehold upon the
terms and conditions stated herein.
3.
follows:
The purchase price shall be U. S.
$ 1.000.00 hereby receipted for;
$
15.000.00
payable as
$6.500.00 plus ordinarv closinq costs in cash or readily available funds
at closinq. $7.500.00 pavable bY execution of Purchaser's Promissory Note
as maker pavable to the order of the Seller as holder. which note shall
bear interest at the rate of ten percent IlO%l per annum. The principal
shall be due and pavable as follows: $2.500.00 toqether with all accrued
interest on Februarv l5. 199L and $5.000.00 toqether with all accrued
interest on Januarv 1. 1992.
4. Price to include the following personal property:
all furniture. fixtures. equipment and leasehold improvements in place on
the premises. See Exhibit A attached hereto and made a part of this
Contract bv this reference.
to be conveyed by Bill Of Sale at time of closing in their present
condition, free and clear of all personal property taxes, liens and
encumbrances, except:
none
and except any personal property liens or any encumbrance specified in
paragraph 10. The following fixtures of a permanent nature are excluded
from this sale:
none
5. If a new loan is to be obtained by Purchaser from a third party,
Purchaser agrees to promptly and diligently (a) apply for such loan, (b)
execute all documents and furnish all information and documents required
by the lender, and (c) pay the customary costs of obtaining such loan.
Then if such loan is not approved on or before N/A , 19 ___, or if so
approved but is not available at time of closing, this contract shall be
null and void and all payments and things of value received hereunder shall
be returned to Purchaser.
6. If a note and purchase money loan is to be assumed, Purchaser
agrees to apply for a loan assumption if required and agrees to pay (1) a
loan transfer fee not to exceed $ N/A and (2) an interest rate not
to exceed N/A % per annum. If the loan to be assumed has provisions
for a shared equity or variable payments , this contract is conditioned
.
upon Purchaser reviewing and consenting to such provisions. If the
lender's consent to a loan assumption is required, this contract is
conditioned upon obtaining such consent without change in the terms and
conditions of such loan except as herein provided.
7. If a note is to be made payable to Seller as partial or full
payment of the purchase price, this contract shall not be assignable by
Purchaser without written consent of Seller.
8. Cost of any appraisal for loan purposes to be obtained after this
date shall be paid by Purchaser
9. The date of closing shall be the date for delivery of the Bill of
Sale and the Assignment and Acceptance of Assignment of the Lease as
provided in paragraph lO. The hour and place of closing shall be as
designated by The Fleisher Companv. Inc. .
lO. The Leasehold shall be merchantable in Seller, except as stated
in this paragraph and in paragraph ll. Subject to payment or tender as
above provided and compliance by Purchaser with the other terms and
provisions hereof, Seller shall execute and deliver a good and sufficient
Bill of Sale, to Purchaser on November 1 , 19 ~, or, by mutual
agreement, at an earlier date, conveying the Leasehold free and clear of
all taxes, except the personal property tax for the year of closing, and
except n/a; free and clear of all liens for special improvements
installed as of the date of Purchaser's signature hereon, whether assessed
or not; free and clear of all liens and encumbrances except:
none and
subject to building and zoning regulations.
ll. Any encumbrance required to be paid may be paid at the time of
settlement from the proceeds of this transaction or from any other source.
Provided, however, at the option of either party, if the total indebtedness
secured by liens on the Leasehold exceeds the purchase price, this contract
shall be void and of no effect and each party hereto shall be released from
all obligations hereunder and all payments and things of value received
hereunder shall be returned to Purchaser.
l2. Personal Property Tax for the year of closing, based on the most
recent levy and the most recent assessment, prepaid rents, water rents,
sewer rents, and interest on encumbrances, if any, and shall be apportioned
to date of Bill of Sale. Purchaser shall be responsible for any sales
and/or use tax that may accrue because of this transaction.
l3. Possession of the Business shall be delivered to the Purchaser
upon closinq
If Seller fails to deliver possession on the date herein specified, Seller
shall be subject to eviction and shall be liable for a daily rental of
$l15.00 until possession is delivered.
14. In the event the Leasehold shall be damaged by fire or other
casualty prior to time of closing, this contract may be terminated at the
option of Purchaser and all payments and things of value received hereunder
shall be returned to Purchaser. Should Purchaser elect to carry out this
contract despite such damage, Purchaser shall be entitled to all the credit
for the insurance proceeds resulting from such damage, not exceeding,
however, the total purchase price. Should any fixtures or services fail
between the date of this contract and the date of possession or the date
of delivery of Bill of Sale, whichever shall be earlier, then Seller shall
be liable for the repair or replacement of such fixtures or services with
a unit of similar size, age and quality, or an equivalent credit.
15. Time is of the essence hereof. If any note or check received as
earnest money hereunder or any other payment due hereunder is not paid,
honored or tendered when due, or if any other obligation hereunder is not
performed as herein provided, there shall be the following remedies:
a. IF PURCHASER IS IN DEFAULT, then all payments and things of
value received hereunder shall be forfeited by Purchaser and retained on
behalf of Seller and both parties shall thereafter be released from all
obligations hereunder. It is agreed that such payments and things of value
,.
, ,
are LIQUIDATED DAMAGES and [except as provided in subparagraph (c)] are the
SELLER'S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the
obligations of this contract. Seller expressly waives the remedies of
specific performance and additional damages.
b. IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat
this contract as terminated, in which case all payments and things of value
received hereunder shall be returned to Purchaser and Purchaser may recover
such damages as may be proper, or (2) Purchaser may elect to treat this
contract as being in full force and effect and Purchaser shall have the
right to an action for specific performance or damages, or both.
c. Anything to the contrary herein notwithstanding, in the event
of any litigation arising out of this contract, the court may award to the
prevailing party all reasonable costs and expense, including attorneys'
fees.
16. Purchaser and Seller agree that, in the event of any controversy
regarding the earnest money held by broker, unless mutual written
instruction is received by broker, broker shall not be required to take any
action but may await any proceeding, or at broker's option and discretion,
may interplead any moneys or things of value into court and may recover
court costs and reasonable attorney's fees.
17. Additional provisions:
a. This Agreement is expressly contingent upon Landlord's consent
to the proposed use of the premises and the execution of a new lease
covering the premises between Purchaser and Landlord on or before November
1, 1990.
b. The Fleisher Company, Inc. recommends the parties to this
Agreement seek legal and/or tax counsel.
c. . Purchaser hereby acknowledges prior, timely receipt of notice
that the Fleisher Company, Inc. and their agents are agents of the Seller
and are not representing Purchaser as Purchaser's agent in this
transaction.
d. This Contract may be executed in counterparts, and when executed
by all parties in an identical form shall together constitute one entire
agreement, binding on all parties, notwithstanding that all parties may not
be signatory to one single instrument.
e. A facsimile of this Contract and any Notice hereunder shall be
considered to be an original. The sender of any facsimile shall transmit
the original of the facsimile by Federal Express or U.S. Mail as soon as
possible after transmission; however, the failure to transmit the original
will only invalidate the facsimile copy if the recipient so desires and
gives the sender written notice of such invalidation. In the event of any
discrepancy between the facsimile and the subsequently transmitted
original, the facsimile shall be considered to prevail.
18. If this proposal is accepted by Purchaser in writing and Seller
receives notice of such acceptance on or before November 1 , 19~,
this instrument shall become a contract between Seller and Purchaser and
shall inure to the benefit of the heirs, successors and assigns of such
parties, except as stated in paragraph 7.
Purchaser: Phil Weir
Broker:
Com an
Inc.
By:
Purchaser's Address
obligations of this contract. Seller expressly waives the remedies
specific performance and additional damages.
b. IF SELLER IS IN DEFAULT, (1) Purchaser may elect to
this contract as terminated, in which case all payments and things
received hereunder shall be returned to Purchaser and Purchaser ma recover
such damages as may be proper, or (2) Purchaser may elect to eat this
contract as being in full force and effect and Purchaser sha have the
right to an action for specific performance or damages, or b h.
c. Anything to the contrary herein notwithstandi , in the event
of any litigation arising out of this contract, the court ay award to the
prevailing party all reasonable costs and expense, inc uding attorneys'
fees.
16. Purchaser and Seller agree that, in the ev t of any controversy
regarding the earnest money held by broker, less mutual written
instruction is received by broker, broker shall no be required to take any
action but may await any proceeding, or at broke s option and discretion,
may interplead any moneys or things of value ' to court and may recover
court costs and reasonable attorney's fees.
l7. Additional provisions:
a. This Agreement is expressly
to the propose,d use of the premises
covering the premises between Purchas
l, 1990.
c tingent upon Landlord's consent
nd the execution of a new lease
and Landlord on or before November
b. The Fleisher Company,
Agreement seek legal and/or tax
nc. recommends
ounsel.
the
parties
to
this
c. Purchaser hereby ac nowledges prior, timely receipt of notice
that the Fleisher Company, I c. and their agents are agents of the Seller
and are not representin Purchaser as Purchaser's agent in this
transaction.
d. This ay be executed in counterparts, and when executed
by all parties in an ' entical form shall together constitute one entire
agreement, binding 0 all parties, notwithstanding that all parties may not
be signatory to one single instrument.
e. A facs' ile of this Contract and any Notice hereunder shall be
considered to b an original. The sender of any facsimile shall transmit
the original 0 the facsimile by Federal Express or U.S. Mail as soon as
possible aft transmission; however, the failure to transmit the original
will only i validate the facsimile copy if the recipient so desires and
gives the ender written notice of such invalidation. In the event of any
discrepa y between the facsimile and the subsequently transmitted
origina , the facsimile shall be considered to prevail.
8. If this proposal is accepted by Purchaser in writing and Seller
ves notice of such acceptance on or before November 1 , 19~,
th's instrument shall become a contract between Seller and Purchaser and
s al~ inure to the benefit of the heirs, successors and assigns of such
Broker: The Flei
Inc,
c -
"
By
Purchaser's Address
~o '213:.2
~,L~\O/D--~a ~16;:J1)
~.
"".,...,..
(The fOllowing section to be completed by Seller and Listing Agent)
19. Seller accepts the above proposal this S"'" day of 1\J""",-I--.
____, 19~O, and agrees to pay a commission of lO % of the purchase price
for services in this transaction, and agrees that, in the event of
forfeiture of payments and things of value received hereunder, such
payments and things of value shall be divided between listing broker and
Seller, one- hereof to said broker, but not to exceed the commission,
and the ance to S ler.
Sell
Date
By:
Lauretta Bonfiglio
Seller's Address Post Office Box 70. Woodv Creek. Colorado 81656
Listing Broker's Name and Address The Fleisher Companv. Inc.
200 East Main Street
Aspen. Colorado 81611
"'"'.,.....
'".-""'
EXHIBIT A
All miscellaneous wall shelving
Walk-in refrigerator
3 compartment sink
ADS dishwasher
Coronado stand up refrigerator
3 stainless steel work tables
Hot water heater
standing stainless steel sink
6 burner gas range and oven
36" griddle with oven
Built-in exhaust hood
5 compartment steam table
Beverage-Air refrigerator and sandwich station
sanyo microwave
Beer cooler
Ice Maker
Bunn coffee maker
Miscellaneous dishes
7 picnic tables with benches
Telephone
Built-in counter
Miscellaneous l~ght fixtures
10 stools '
3 ceiling fans
Miscellaneous folding chairs
2 garbage cans
Cash register
,. '.,
',",.." "
.
.'
-
'.
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BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, that George Stranahan
(hereinafter referred to as "Seller") for and in consideration
of the sum of Ten Dollars ($10.00) and other good and valuable
consideration in hand paid by Phil weir and/or assigns
(hereinafter referred to as "Purchaser") the receipt of which
is hereby acknowledged, does hereby grant, sell, transfer,
deliver, and convey unto said Purchaser the following
described personal property:
See Exhibit A attached hereto and incorporated herein by this
reference.
All personal property being located at 308 South Hunter Street,
Aspen, Colorado 816l1.
To have and to hold all singular the said items as listed
above to said Purchaser, its executors, administrators and
assigns for their own use and behalf forever.
And Seller hereby covenants with Purchaser that it is the
lawful owner of all the property listed above, it is free from
all encumbrances, it has good right to sell the same as
aforesaid and it will warrant and defend the same against the
lawful claims and demands of all persons.
executed this Bill of Sale on
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
)
The foregoing document was acknowledged and sworn to before
me this ~~ day of October, 1990, by aeer~ G~ranahaft.
Lauretta Bonfiglio
My commission expires:
witness my hand and
official seal.
//-.:lo-9c~
Nancy K. ~1NollII~ PubIc
P.O. Box 154
Aspen, CO 81612
My CommissIon expInIs 11-20-93
~(~ k~"1
Notary Public '
..
.
""......
EXHIBIT A
All miscellaneous wall shelving
Walk-in refrigerator
3 compartment sink
ADS dishwasher
Coronado stand up refrigerator
3 stainless steel work tables
Hot water heater
Standing stainless steel sink
6 burner gas range and oven
36" griddle with oven
Built-in exhaust hood
5 compartment steam table
Beverage-Air refrigerator and sandwich station
Sanyo microwave
Beer cooler
Ice Maker
Bunn coffee maker
Miscellaneous dishes
7 picnic tables with benches
Telephone
Built-in counter
Miscellaneous l~ght fixtures
10 stools
3 ceiling fans
Miscellaneous folding chairs
2 garbage cans
Cash register
'-
-
~...
/-''''"'',
'. ~.
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena street
Aspen, Colorado 81611
(303) 920-5090
November 9, 1990
Phil Weir
P. o. Box 2732
Aspen, CO 81612
Re: silver city Grill
Dear Phil,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that this application is incomplete. Leslie has asked
that you provide the following:
1. A letter from the property owner giving consent for you to
submit an application for the space.
2. Proof of ownership.
3. An affidavit from Lauretta's specifying how many employees
they had.
4. statement from you elaborating on how many employees you
will have.
5. $55.00 referral fee for the Environmental Health Department.
Although incomplete we have scheduled this application for review
by the Aspen Planning and Zoning commission at a public hearing
on Tuesday, December 18, 1990 at a meeting to begin at 4:30 p.m.
You will need to submit the additional information requested no
later than November 16th in order to keep this agenda date.
The Friday before the meeting date, we will call to inform you
that a copy of the memo pertaining to the application lS
available at the Planning Office. Please note that it is your
responsibility to post the subject property with a sign for the
public hearing and to mail notices to property owners within 300'
of the subject property.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
Sincerely,
Debbie Skehan
Office Manager
/71/'fN:lJ-.
jl/Cj/q~~
,-...."
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. "
"
MEMORANDUM
TO:
Environmental Health Department
FROM:
Leslie Lamont, Planning Office
RE:
silver City Grill Conditional Use Review
Parcel ID# 2737-1S2-25-002
DATE:
November 9, 1990
----------------------------------------------------------------
----------------------------------------------------------------
Attached for your review and comments is an application from Phil
weir who is requesting Conditional Use Review approval for a
restaurant at 30S S. Hunter in the space formerly known as
Lauretta's.
Please
1990.
return your comments to me no later than November 26,
Thank you.
"
'-
PUBLIC NOTICE
RE: SILVER CITY GRILL CONDITIONAL USE REVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, December 4, 1990 at a meeting to begin at 4: 30 pm.
before the Aspen Planning and Zoning Commission, 2nd Floor
Meeting Room, City Hall, 130 S. Galena Street, Aspen, to consider
an application submitted by Phil Weir requesting Conditional Use
Review approval for a restaurant in the Centennial Building
located at 30S South Hunter Street, formerly Lauretta's.
For further information, contact the Aspen/Pitkin Planning
Office, 130 S. Galena street, Aspen, CO, 920-5090.
sIC. Welton Anderson. Chairman
Planning and Zoning commission
1)
2)
pmjcct Name
J\:rI:NJ II1Elfr 1
Il\NO USE l\PPLICATION FOIlM
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C.T'I ~\'--L
<;.. \-\'-.\.oU ,t.,'l. ~-r
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(indicate ..LL=t addI:ess, lot: & blade nmber, legal description..mere . .
applXpriate)
3)
5)
Present Zoni.ng'
[-I
4) lDt size
lIpplicant's Name, lIddress & lllone' ~~\
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6)
RepJ:eSentative's Name, l\ddress & lllone .
C W[.~R.
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A- O:>rditional Use _ COncepb.1al SPA' _ 0::J00eptual Historic Lev..
.'
~
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Final SPA
Final Historic ~-
8040 Green1ine
_ O::loc1eptual roD
Mimr Historic Lev..
_ stream Margin
Final IUD
Historic Demolition
Yamtain view Plane
. .
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CordaniniUIIiizatiOll' TextfMai:> ~t
- -.
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Adjustment
_ ~ Exeuption
B)
D=::ription of Exist:ing Uses '(nmber ard type of ex:ist.i.rq structures;
approximate sq. ft.; nmher of btrlLu:ws; art:{ previous approvals granted to the
pJ::q?erty) .
9)
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10) Have you attached the foll=ing?
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____ ~ to At:t:.acturent 4. RevielJ starrlaJ:ds fot:' YOl.It:' lIpplication
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ASPEN/PITKIN PLANNING OFFICE A (p~ - q 0
130 South Galena Street
Aspen. Colorado 81611
(303) 920.5090
LAND USE APPLICATION FEES
City
00113
,63250,134
,63270,136
-63280,137
,63300,139
-63310,140
-63320,141
00125
00123
00115
REFERRAL FEES:
,63340,205
-63340,190
-63340,163
County
00113
-63160,126
,63170,127
-63180,128
,63190,129
-63200,130
,63210,131
-63220,132
,63230,133
-63450,146
00125
00123
00113
REFERRAL FEES:
-63340,205
,63340,190
,63360,143
PLANNING OFFICE SALES
00113 ,63080,122
-63090,123
-63140,124
,69000,145
GMP/CONCEPTUAL
GMP/FINAL
SUB/CONCEPTUAL
SUB/FINAL
ALL 2,STEP APPLICATIONS
ALL 1 ,STEP APPLICATIONS!
CONSENT AGENDA ITEMS
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
SUBTOTAL
GMP/GENERAL
GMP/DETAILED
GMP/FINAL
SUB/GENERAL
SUB/DETAILED
SU B/FI NAL
ALL 2,STEP APPLICATIONS
ALL l,STEP APPLICATIONS!
CONSENT AGENDA ITEMS
BOARD OF ADJUSTMENT
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
CITY/COUNTY CODE
COMPo PLAN
COPY FEES
OTHER
7 ?{('), cP
Name: .S 'L(j6~ CITf G RII L
.c I
Address: '~ (':: HU.1JI'1' (L
Check # 00 S
Additional billing:
SUBTOTAL
TOTAL 7 <:;tn. 00
Phone: -9::7 C;; - ~~
Project: ~ 1\ I '- u.J
~ Ir~'~""
Date: I \ \ 0._
#ofHours:
~~