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HomeMy WebLinkAboutLand Use Case.CU.308 S Hunter St.A66-90SILVER CITY GRILL "u PPLICATION CONDITIONAL A-66-90 (fix C LA - U,�, C JL ASPENTITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303)920-5090 LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER Name: �� 1 L UE Q 17 �-3 121 LL Address: -:2inT-;r HaIiTzfZ fly_ Check #yU S SUBTOTAL TOTAL Phone: Project: Q Fl 1' u E l Additional billing: #of Hours CASE LD SUMMARY SHEET .tty of Aspen DATE RECEIVED: 11 1 90 PARCEL ID AND.CASE NO. DATE COMPLETE: %?� %'/'�` A66-90 STAFF MEMBER: LL PROJECT NAME: SILVER CITY GRILL CONDITIONAL USE Project Address: 3 8 South Hunter St As en CO 81611 Legal Address: t-� L/-c7 S 2, ,� , L a APPLICANT: PHIL C. WEIR Applicant Address: P.O. BOX 2732, ASPEN, CO 81612 REPRESENTATIVE: Phil C. Weir Representative Address/Phone: P.O. Box 2732, Aspen, CO 925-6261 PAID: YESXXNO AMOUNT: $780 NO. OF COPIES RECEIVED: TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date /V—/6- PUBLIC HEARING: QF NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshal State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Con.S.D. Energy Center DATE REFERRED: �/ 1 9�9 O INITIALS: lu FINAL ROUTING: City Atty Housing FILE STATUS AND DATE ROUTED: I,D/'91 INITIAL: City Engineer�AiZoning --�( Env. Health Other: LOCATION: �� RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF THE SILVER CITY GRILL (308 SOUTH HUNTER STREET) AS A CONDITIONAL USE IN THE C-1 ZONE DISTRICT i Resolution No. 90- 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 1988 Uniform Mechanical Code. 3. If the restaurant begins to employ more than 6 full-time equivalent employees then the applicant shall be required to mitigate the housing impacts. A cash -in -lieu payment of $35,000 per employee (or current amount as indexed by the Housing Authority) may be used or off -site housing may be purchased to mitigate the impacts. 4. This conditional use establishes a base line operation for this commercial space of 6 full-time equivalent employees, 24 customers seats and 750 square feet. Any 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. 5. A yearly review of this operation shall be required to determine that the type of restaurant as presented has not changed, or the number of full-time equivalent employees has not increased. APPROVED by the Commission at its regular meeting on December 4, 1990. Attest: Jan Carney, Deputy City Clerk ljl/silver Planning and Zoning Commission: Welton Anderson, Chairman JAS M l ►JC-, T`iC,12�_ i U t CL- -COP' l EA-t, n-� MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planner Jv RE: Silver City Grill Conditional Use DATE: December 4, 1990 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: To operate a restaurant for lunch and dinner. 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 1988 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. In 1977 staffs 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: According to the Aspen Area Comprehensive Plan the location of the proposed restaurant is within the Central Area. The purpose 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 offer--rgtiick—Take-out service for locals with limited seating, not � to exceed 24 seats.) B. The conditional use is consistent 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 within proximity of this building. The location of this use is within easy walking distance for employees who work within the center of town. K 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 services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. 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. RESPONSE:, According to the application there will be a total of 5�employee s including the owner equaling 2.5 full time employees. The affffordable 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 The 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 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 eivews 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 requirements of the 1988 Uniform Mechanical Code. l/' 3. If the restaurant begins to employ more than full-time �U,U emp3IIyees then the applicant shall be required to mitigate the housing impacts. A cash -in -lieu payment of $35,000 per employee (or current amount as indexed by the Housing Authority) may be used or off -site housing may be purchased to mitigate the impacts. 4. is conditional use stablishes a base�ine operation for this toiRmercial space of full-time eloyaes and 24 customers seats:�1%� Any 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. 4 aq J W WJ vie e wn-� -�- TO: Leslie Lamont, Planning Office On FROM: Maria T. Crook, Environmental Health Department )14 TL - RE: Silver City Grill Conditional Use Review DATE: November 23,1990 After reviewing the application in regard to Mr. Phil Weir'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 and repainting of the food preparation area, and is not planning to install any new kitchen equipment and is not proposing an extensive remodeling of the kitchen facility. The seating capacity of 24 is not in excess of the previously approved seating in consideration for the available toilet facility of the formerly known Lauretta's food 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.12 Section 11-2.4 Restaurant grills./ Also, the ventilation -system installation must meet the requirements of the 1988 Uniform Mechanical Code, enforced by the Building Department. Please, contact this office should you have any further questions. AJ �G c -- �� NOV lz(-) 4e-q- -n,c %S cruses. L"";tta'4 Vt A40ZIIV Post Office Box 10059 ■ Aspen, Colorado 81612 11MI 925-7464 /1-/2,— i d 9 Koa J, P 16: 1- / C) PROMISSORY NOTE Principal Amount: $7,500.00 October 31, 1990 Aspen, Colorado 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 00/100 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 00/100 Dollars ($5,000.00) together with accrued interest on January 1, 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 (13%) 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 DATE: 1 - Z` 90 November 1 , 1990 To whom it may concern: R-,; 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 whatever permits are needed to open or operate a resturant. GNRALD P. LONG PATRICIA D . LONG 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 Company, Inc. , broker, in broker's escrow or trust account, as earnest money and part payment for the following described Commercial Leasehold in the City of Aspen county of Pitkin Colorado, to wit: the Commercial Leasehold covering the premises known as the Southernmost space of the upper level of the Centennial Building, 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 81611 (Street Address, City, Zip) 2. Subject to the provisions of Paragraph 17, 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. The purchase price shall be U.S. $ 15,000.00 , payable as follows: $ 1,000.00 hereby receipted for; $6 500 00 plus ordinary closing costs in cash or readily available funds at closing $7,500 00 payable by execution of Purchaser's Promissory Note as maker payable to the order of the Seller as holder, which note shall bear interest at the rate of ten percent (10%) per annum. The principal shall be due and payable as follows: $2 500.00 together with all accrued interest on February 15, 1991 and $5 000.00 together with all accrued interest on January 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 by 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: 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: 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 OL 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 10. The hour and place of closing shall be as designated by The Fleisher Company, Inc. . 10. The Leasehold shall be merchantable in Seller, except as stated in this paragraph and in paragraph 11. 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 90 , 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. 11. 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. 12. 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. 13. Possession of the Business shall be delivered to the Purchaser upon closing 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 115.00 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 90 , 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 Purchaser's Address 10 B 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 `treat this contract as terminated, in which case all payments and things value 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 tZevt of any controversy regarding the earnest money held by brokeess mutual written instruction is received by broker, broker shall required to take any action but may await any proceeding, or at broktion and discretion, may interplead any moneys or things of value urt 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 Purchase and Landlord on or before November 1, 1990. b. The Fleisher Company, nc. recommends the parties to this Agreement seek legal and/or tax ounsel. 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 Contract,may be executed in counterparts, and when executed by all parties in an ' entical 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 bean original. The sender of any facsimile shall transmit the original o),t the facsimile by Federal Express or U.S. Mail as soon as possible afte 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 rec ves notice of such acceptance on or before November 1 , 19 90 , th's instrument shall become a contract between Seller and Purchaser and s all inure to the benefit of the heirs, successors and assigns of such Pu Phil Weir C_— C �rAZ9 Broker: The Fleisher Company, Inc. By4 iHoily' W. Proctor Purchaser's Address 2 C- (The following section to be completed by Seller and Listing Agent) 19. Seller accepts the above proposal this day of , 19 -1o, and agrees to pay a commission of 10 % 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-eller. Sell k: uret By: Lauretta Bonfiglio Date :seller's Address Post Office Box 70 Woody Creek, Colorado 81656 Listing Broker's Name and Address The Fleisher Company, 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 Clot 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 light fixtures to stools 3 ceiling fans Miscellaneous folding chairs 2 garbage cans Cash register 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 81611. 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. IN W SS WHEREOF, Seller has executed this Bill of Sale on the sty, ay � November, 1990. Layr<'etta Bonfigl STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing document was acknowledged and sworn to before me this day of October, 1990, by Laure to Stranahan- 6onf My commission expires: //-020-93 Witness my hand and official seal. Nancy K. Ramaiey/Notary Public Notary Public P.O. Box 154 Aspen, CO 81612 My Commission expires 11-20.93 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 light 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 is 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 MEMORANDUM TO: Environmental Health Department FROM: Leslie Lamont, Planning Office RE: Silver City Grill Conditional Use Review Parcel ID# 2737-182-25-002 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 308 S. Hunter in the space formerly known as Lauretta's. Please return your comments to me no later than November 26, 1990. 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 308 South Hunter Street, formerly Lauretta's. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena Street, Aspen, CO, 920-5090. s/C. Welton Anderson, Chairman Planning and Zoning Commission NITRO U-10:r 1 JAM clse APMCATION fOPM 1) I>ro;ect Name S t L- OEM- C , ; �f C ,% L� k. 2) Project location "3 0$ S _ N � r f.y. e-r ( indicate street address, lot & block r.mber, legal description where appropriate) 3 Present Zoning 1 4) Lot Size 5) Applicant's Name, Address & Phone 6) Representative's Name, Address & Fbone # �'ri �• 7) Zype of Application (Please chec lc all that apply): Conditional Use Conceptual SPA Oonoeptual Historic Dev_ Specia Review Final SPA Final Historic Dev_ 8040 Greenline Oanoept u l FUD Minor historic Dev_ St ream Margin Final PUD Historic Demolition MdLxntain View Plane Subdivision historic Designation bondcminiuniization-Text/Map Amen:13) ►t GZ42S Allotment r. at Split/Iat Line Q'OS Emmption. - Adjusbnent 8) Description of Existing na uses -(number' and type of enxjd m ems: appradmate sq_ ft_; rx=ber of bedrooms; any previous aPPrvvals granted to the property) - �(` 06fb� IDS L,a-u21,rTA's ktST, 4Nt Wl,-L- OL - �7 W0011, P T 1 i'4 ��w-��� z� Dy S4 z ► . v.�A�ST�aah�T CAA9,1 - NSo 224 S'EarS Wok(.) DKk3 NOW W %-T%-t ou ANo , ok 6;b LC . 9) Description of Development Application A 5�-L (k )nAlLn AI-ItL, Yb OMIO As Pyl y, It, N AUIN4, S im I lave you attached the followir P- > >'►s a r,esUmonse to Attaclm 2, Minimum Submission Qontoents nesport to AttaCwent 3, Specific Submission Content- I lse to AttaCtment 4, Review Standards for Your Application w L�UKTitC �N�,-r10N4� US � AwooA or- Niqviw, S rr -DmWQ ,AT l 1t& _Vk W► G T t4, Tt+Pr T l,.�i,2i. ��-}i2i Wyk sPPrC�, WAS. 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