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Home My WebLink AboutLand Use Case.316 E Hopkins Ave.HPC37-94Howling Wolf Minor Historic Review 316 E. Hopkins HPC37-94 AA H P -5-2 4 . 0 CASELOAD SUMMARY SHEET 9 City of Aspen Historic Preservation Committee DATE RECEIVED: 10/24/94 CASE NUMBER: HPC37-94 DATE COMPLETE: PARCEL ID#: 2737-073-29-008 PROJECT NAME: Howling Wolf Restaurant Minor Historic Review Project Address: 316 E. Hopkins APPLICANT: Two Schmucks Inc. Paul Levine and Stephen Levitt Applicant Address: Box 3772, Aspen, CO 920-2101 1 2-2 - 1 -7 7 \ REPRESENTATIVE: Representative Address/Phone: TYPE OF APPLICATION: 1 STEP: X 2 STEP: 3 STEP: HPO Insubstantial Amendment or Exemption: HPC Meeting Dates: P&Z Meeting Date: CC Meeting Dates: 1st 2nd REFERRALS: Planning Building Zoning City Engineer Parks Dept. City Attorney DATE REFERRED: INITIALS: DUE: FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Clerks Office Other: FILE STATUS AND LOCATION: COMMENTS: . MEMORANDUM To: Aspen Historic Preservation Committee From: Amy Amidon, Historic Preservation Officer Re: 316 E. Hopkins Avenue, Howling Wolf- Minor Date: November 2, 1994 SUMMARY: The applicant requests HPC approval for an addition with a handicapped accessible bathroom and a new building entrance, and to install an airlock for the winter season. This building, the Annie Krapf house, was built in approximately 1884-85 and is an Aspen Landmark. APPLICANT: Two Schmucks Inc., represented by Paul Levine and Steve Levitt. LOCATION: 316 E. Hopkins, Lot 0, Block 80, City and Townsite of Aspen. PROJECT SUMMARY AND REVIEW PROCESS: All development in an "H, " Historic Overlay District must meet all four Development Review Standards found in Section 7-601 of the Aspen Land Use Code in order for HPC to grant approval. 1. Standard: The proposed development is compatible in character with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in a "H," Historic Overlay District or is adjacent to an Historic Landmark... Response: The applicants are converting this space into a coffeehouse and are required to provide an entrance and restroom which are handicapped accessible. They propose to construct a small addition at the rear of the building, next to an earlier lean-to. (This lean-to appears to have been constructed by 1904.) Part of the lean-to is to be removed and the new addition will be connected to the original historic structure. The project will require creating a new opening in the rear wall of the house. The wall should be left intact as much as possible, including any clapboard siding which may be underneath the asphalt shingle siding. Most of the original windows have been removed from this building, but if the window which must be removed to create a door is historic, it should be placed in storage. The physical connection between the new .. addition and the older portions of the house should be as minimal as possible and the applicant should also make every effort to limit the amount of historic materials which are removed. More information is needed on the design of the proposed wintertime airlock. The applicants represent that it would be constructed of wood and glass. Staff would prefer an alternative solution on a historic building. For instance, a fan could be mounted on the inside of the building, above the door, activating when the door is opened and reversing the flow of cold air in. 2. Standard: The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development. Response: The new bathroom and entrance will not be visible from the street. 3. Standard: The proposed development enhances or does not detract from the cultural value of designated historic structures located on the parcel proposed for development or on adjacent parcels. Response: This proposal will not detract from the cultural value of the historic structure if demolition is limited as described above. 4. Standard: The proposed development enhances or does not diminish from the architectural integrity of a designated historic structure or part thereof. Response: The proposal will not adversely affect the architectural integrity of this structure. ALTERNATIVES: The HPC may consider any of the following alternatives: 1) Approve the Minor application as submitted. 2) Approve the Amendment to the Final Development application with conditions to be met prior to issuance of a building permit. 3) Table action to allow the applicant further time for restudy. (specific recommendations should be offered) .. 4) Deny the Amendment finding that the application does not meet the Development Review Standards. RECOMMENDATION: Staff recommends HPC approve the request to construct a new addition to the rear of the structure with the condition that the connection between the new and older portions of the building are limited and that removal of historic materials is minimized. Staff also recommends that the request for approval of an airlock be tabled to the next meeting and that the applicant provide more information about its appearance as well as investigating other options. .. MEMORANDUM TO: File- 316 E. Hopkins Avenue FROM: Amy Amidon, Historic Preservation Officer RE: Partial Demolition approval DATE: November 29, 1994 The applicant has been given approval to demolish a one story lean- to at the rear of this structure. The original development plan called for keeping this addition, but once construction began it was found to be unstable. Through an "emergency" decision between the City Attorney, Chief Building Official and Historic Preservation Officer, the lean-to was approved for demolition without going to HPC for a review. 16 -- The HOWLING WOLF T il E HOWLING WOLF RESTORATION 316 E. HOPKINS AV. ASPEN, COLORADO 1 0 Â· 14, Â· 1Â« LA 0061 NA \001-04 1-HE HOWLILIZI UOUF I--11Â«oeep 1 APPFION 1 1 1 1 1 111 0 i * F,12-1 vaer r'Ag-1<-1 +4 4 HAJ--1 PIGAF' AL,ce'be i I 5 'Te FLAN NOEWEST DAK! k 3/B" = 1' -04 EAST %10714-lk.19 AV 3 - Â¥ 1, : 1 -- *5<14-11Ha - ry-te,-~â€ž:7 gLUP --- -- - ,-- #6FHALT- *HI N41-* 304%:7*MATEN '61211444 / 510'N4 .ro M~UZ.1-1 8'*191klÂ£.1 - i /1-1 [1 1 1 1- 1 i 0 11 .1 1- 1 , 1 111 .: - ----- - - 1. I lilli '1 14 '.: i } r 1 1 [ 1 1-1 I -- , i i 1 1 . . . : 1 BAGE ELEVAFION 4 - L .._-~1 23~ 1, 1 1 f--1 ill -3 41 1 0 1 - 1 11 -1 114 I - 1 \Nk. 14\1 i lili 7-- --72>4477,4 61 PLOOg. 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'' 16' Yellow Plastic Cop Rebor & -- Lot N Lot O Lot P 3,016 sq. ft. 8 0.069 Acs.+/- # 4 O.0 1 Story Wood Â· Frorne House 0.3 ' . . .4 '7 Scribed - in Concrete 'Ske"- I Rebar & e Yellow Plastic Cap .i 7' Scribed 4,1 66;aâ‚¬44 e * in Concrete Â£/0/,don,AW.. - a Incioot- found monum,nt os de,cribd - ~ *dka- - moâ€žum-f ,-r and cop LS 157,a - A k,clbal- conve/ pok,f 1 - 1rV Ofient,Won b-d on found monument, - Ihown. - E-mi,Lial,oâ€¢â€¢ am hm 7B,Comm/6mnt Co- No. PCT--5089 (3 h-d 8-27-91 by GRAPHIC SCALE PRIdn County Tltia, Ine, 0 10 20 40 1 1 1 4 Kenn- R. Ilion. b,Ing o Rigliterid Lond Surveyor M the Stot, of Coic,odo. do h-by carth> that th#, impr-ment ,un,y woo mode under ~ ,upenloion and b he end cone *0 - beet 0 n, belid and Imoldge. 1 furthor certi& thot the hip,ovemenh on -obove di-bed pmejon fhe dole, 1 'R,\ ri 14 47/i 2 4..Pl tho Iicribid premhe, 4 *puvment, on 0,9 0*k*g preidi- M icipt Qi h,de-d, and that -1, h 40 *porent -Winco .lon of any 'O-nent crossing or ~f~ning pand. excipt oi noted. 1(Jia'K UÂ¥ 117~.44.... t R 4 1//1 e.:R B m -, #i,04â‚¬3..â€¢ 1 Kin-, il Ilion LS 15710 PLAT UPDATED er FIELD NSPECTION 2f OCT. 190 '90.P s O-1.4 Â¥ JOB # 91144 2.Uu, c Kiwith 0 -on' U 15716 File kroimp2 #64 SCHMUESER GORDON MEYER, INC. 17*9"VEERS 1001 GRAND AVE., SUITE 2-E - .._- --. GLENWOOD SPRINGS, CO. 81601 , 5-G----1 (303) 945-1004 SCHWUESER ~ , GORDON MEYER *-4 1 CD (3. 2 1 <0 0 -- 0 6% CO JÂ· i . 10 M '20 .0 F.22 + 0 1 .-/ pl.-' ' \46 4 \N.i?--B' , S 14*50'49Â» S 14*50'49* 1 HISTORIC PRESERVATION COMMITTEE NOV. 23, 1994 Meeting was called to order by Roger Moyer with Les Holst and Linda Smisek present. COMMITTEE AND STAFF COMMENTS Amy: The Langley's and Kuhn's projects went before P&Z. P&Z had concerns about the Langley's setbacks. The Kuhn's tower is in the Main Street view plane so that will need to be addressed by HPC. Roger: Why did we not pick up on the Main Street view plane? Amy: Jake and I knew it existed but we looked at the tower so many times and it was never established what the maximum height was. Les: The system does work. 205 W. MAIN STREET - MINOR DEVELOPMENT Amy: We do not have a quorum tonight but will review the case and vote at the next meeting. Roger: Why did the building dept. tell the applicant that they did not need a permit? Amy: It was asked in a general sense and the historic question was never asked. Gerd Zeller, represented the owner: The shed was brought in on a truck and could be removed at anytime. We built it without a permit but no one told us we needed one. Les: Everyone needs a shed. MOTION: Les made the motion to approve the application submitted by 205 W. Main Street; second by Linda. All in favor, motion carries. 316 E. HOPKINS AVE - HOWLING WOLF MINOR DEVELOPMENT Amy: When the permit came in there was a walkin refrigerator and it doesn't touch the building and my only concern was it is an awkward way for a handicapped person to get around into the entrance that we approved. Also the refrigerator door and the back door of the building could hit each other if someone happened to open them at the same time. Stephen Levitt, owner: j The re frigerator is modular and it is a walkin. Amy: Is it shiny metal? Stephen Levitt: The refrigerator will go by the back door. HISTORIC PRESERVATION COMMITTEE NOV. 23, 19954 Les: Could it be painted out? Stephen: We can do that. Roger: What is this going to be? Stephen: A Coffee House and we will serve food. MOTION: Les made the motion that the HPC approve the minor development for a walk-in refrigerator on the rear of 316 E. Hopkins Ave. with the condition that it be either painted or covered to reduce the aluminum glare; second by Linda. All in favor, motion carries. 315 E. HYMAN - BENJAMIN'S DELI - MINOR DEVELOPMENT Roger: The framework for the airlock which projects out four feet is that going to anodized clad like the existing windows? Amy: It projects 6.4 ft. out and doesn't state what color. Roger: A condition of approval should be that it match the color of the building. Also what is the material of the entry? Amy: Plastic like Boogies. It is only to be up during the winter months and at the work session you agreed upon a three year review and then the person would have to come back again. Les: We need a separate book that has airlock approvals in it and we are going to end up with thirty or forty of them and it will be totally out of hand. Roger: I'll take pictures with my camera this winter so we can have a record. MOTION: Linda made the motion that HPC approve the airlock for 315 E. Hyman Benjamin's Deli as submitted and that the aluminum or clad match the existing building. It should be used from Nov. 1 st through April 15th, subject to review in three years; second by Les. All in favor, motion carries. Roger: All of these should have a clause that we have the option to reopen them and reject them as we see fit within the three year period. Amy: You should give approval for a period of time then have another review. MEMORANDUM TO: Aspen Historic Preservation Committee From: Amy Amidon, Historic Preservation Officer Re: 316 E. Hopkins Avenue, Howling Wolf- Minor Date: December 14, 1994 SUMMARY: HPC granted approval for a small addition with access for the handicapped on November 2, 1994 and asked the applicant's to provide more information about a proposed airlock. APPLICANT: Two Schmucks Inc., represented by Paul Levine and Steve Levitt. LOCATION: 316 E. Hopkins, Lot O, Block 80, City and Townsite of Aspen. STAFF EVALUATION: The airlock will be constructed out of wood and glass or plexiglass. The applicant's intention is to anchor it to the ceiling and floor of the porch. It is designed to match the existing house. Staff suggests that the turned posts shown on the corners should be eliminated and a simple square or rounded post used instead. RECOMMENDATION: Staff recommends HPC approve the request to construct an airlock with the conditions that the turned posts be removed and that the airlock may only be in place between November 1st and April 15th each year. In addition, the connection of the airlock to the existing structure should cause the least damage to existing materials as is possible. f.0 1 i 11 1 n- 4- -4 T - $ 0 , I - *1 ! 1 1 - 16 F 17---7-. .1-1 ' -4 1 , 1 / , H 01,41/1 INA W Obe Ve'Wripul.0.2 40= 11 - D 11 1. _Ir HISTORIC PRESERVATION COMMITTEE NOV. 2, 1994 316 E. HOPKINS - HOWLING WOLF - MINOR DEVELOPMENT Amy: This will be a coffee house and a handicapped accessible . bathroom and entrance way are being proposed. They are proposing to do that in the back of the property so it will not be visible from the street. The only real issue is the shed that appears on the maps around 1904. Original windows have been removed. I do not feel there is a problem approving this as proposed. I want to be sure where they attach the addition to the back of the house that they do that as gently as possible and not remove more original materials and store the existing window if it is indeed . historic. Stephen Levitt, bwner: I do not believe it is historic. Paul Levine, owner: We will propose an airlock at the next meeting. Without it, it diminishes are ability to seat people inside. We are very conscious of the way the building looks. We are trying to find a door of the same period and the airlock would just be on the porch and hardly noticeable. Stephen Levitt: The airlock will be a temporary structure and we might even try to incorporate the turned posts. Paul Levine: We have an awning that we would like to change with a white awning and a logo of the Howling Wolf. Amy: Main Street Bakery has an airlock that is wood and glass and totally encloses the porch and in my-opinion that is preferable. Jake: I have concern about the roof line arid snow melting off it. Stephen Levitt: We did many designs and if we changed the roof then there wouldn't be room to stand in the bathroom. Linda: Regarding the awning you might want to change to a darker color due to the dirt factor. Martha: When you come back with the airlock try and come up with an alternative to plastic. Stephen: We do not want to use plastic either. MOTION: Martha made the motion to approve the request to construct a new addition to the rear of the structure at 316 E. Hopkins .to be know as the Howling Wolf with the condition that the connection between the new and older portions of the building are limited and j that the removal of historic materials is minimumized; second by ~ Tom. All in favor, motion carries. 2 31 3 . MEMORANDUM To: Aspen Historic Preservation Committee From: Amy Amidon, Historic Preservation Officer Re: 316 E. Hopkins Avenue, Howling Wolf- Minor Date: November 23, 1994 SUMMARY: HPC granted approval for a small addition with access for the handicapped on November 2, 1994. The applicants had also intended to place a walk-in refrigerator behind the historic building but did not present that to the committee on November 2nd. The refrigerator also requires a Planning Director approval for increase in floor area which is not net leasable space. APPLICANT: Two Schmucks Inc., represented by Paul Levine and Steve Levitt. LOCATION: 316 E. Hopkins, Lot O, Block 80, City and Townsite of Aspen. STAFF EVALUATION: The refrigerator will not directly impact the historic structure since it is freestanding, and it will not be visible from the street. Staff's only concern is with the placement of this unit, because it seems to obstruct access to the new entrance. (The sidewalk diverts around the refrigerator.) In addition, the door of the walk-in and the back door of the house could swing into each other. ALTERNATIVES: The HPC may consider any of the following alternatives: 1) Approve the Minor application as submitted. 2) Approve the Amendment to the Final Development application with conditions to be met prior to issuance of a building permit. 3) Table action to allow the applicant further time for restudy. (specific recommendations should be offered) 4) Deny the Amendment finding that the application does not meet the Development Review Standards. RECOMMENDATION: Staff recommends HPC approve the request to place a walk-in refridgerator on the site with further discussion about the best location for the unit. ATINIIMENr 1 , . , IAND USE APPUCATION FORM I TL &.01, ., lue I f 1) Project Name I . 2) Project Iocation Jil E. It'eR'-5 ltv C 14-3 ni 60. â‚¬/6 n Lat O (iixlicate s641: address, lot & block Ilinber, legal description,here appmpriate) 3) Present Zoning U L 4) Iot Size 3 ott StÂ· A 5) Applicant's Name, Address & Ehone # i we . 52 4 -Â· U c k,.-Lu . P. o . B 6, 3 -7 72 &5)( - 6,0. â‚¬/ 1 tz 6) Rpnagentative's Name, Adimss&Phone# 1101 Let,-c. + SitepLe-, -Leo ,~tt- , P. O . 13 ox (176 Ay fex OO q (Gil 7) 9ypd of Application (please check all that apply): . . Conditiotal Use Oonceptual SPA Concepl,1 Historic Dev. Special Review __ Final SBA - Final Historic Dev. 8040 Greenline Ccoceptual POD A Minor Historic Dev. . Stream Margin - - Final ED Historic Demoliticn Mountain View Plane Subdivisicn - - Histacia Designatim Co~kninilmization - Text/Map An,mhent . -- QCS Allotment Int Â®lil;/Iot Line - (2423 Eboenution Adjustment Description of Existing Uses Â· (Ii=her and f lape of ecisting structures; agroocimate sq. ft; n=ber of bedrooms; ally previous approvals granted to the property). 4 1 0 \i ~)O{la/1.<, O56A G. s Fe -Fer S f I Ac e 11 0. r 5-c 10 A . -Re use-1 98.jare L 111 e 0,-) . : . apprc>1<fr, lek ( 1 9-0 â‚¬55 -, 4 " fpe I 9) Description of Developnent Application T Le ,-Â· i C lic a (_69*(ce EL) C.i L,1 4 a L.1â€žp ac,ey, 6,-tk"~ a 11 e,AyuM,e . 10) Have you attached the following? Respoise to Attadiment 2, Minimum Sulinission Oontents Response to Attad~rit 3, Specific Sulinission Oonterrts Respanse to Attachment 4, Review Standards for Your Application 8 lill'lll ' I ., I â‚¬66 91 ./. MINOR DEVELOPMENT OF HISTORIC RESOURCES Application Package Contents Attached is a Development Application package for submission o f your application. Included in this package are the following attachments: 1. Application Form 2. Description of Minimum Contents of Development Application 3. *Description of Specific Contents for Submission of your Application 4. Copy of Review Standards for Your Application 5. Public Hearing Notice Requirements Summary 6. General Summary of Your Application Process Generally, to submit a complete application, you should fill in the application form and attach to it that written and mapped information identified in Attachments 2 and 3. Please note that all applications require responses to. the review standards for that particular development type. The standards for your application are listed in Attachment 4. You can determine if your application requires that public notice be given by reviewing Attachment 5. Table 1 of that attachment will tell you whether or not your application requires notice and the form the notice should take. Your responsibilities in this regard are summarized in the cover explanation to the table. We strongly encourage all applicants to hold a pre-application conference with a Planning Office staff person so that the requirements for submitting a complete application can be fully described to you. Please also recognize that review of these materials does not - substitute for a complete review of the. Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. appcover J 1 0 C.Ubl MOpKInS h\VenUe Lot40, Blk. 80, ~y of Aspen Pitkin County, Colorado - 75*09 '11 Mley 4 c, 40+ E JO. 76. Yellow Plostic Cop Rebar & 4.9,640\ 90 Lot N Lot 0 Lot P 3,016 sq. ft. O.069 Acs.+/- & 0.0 N e...1 , 4 1 Story 'food U 8 ~ 3 Frame House ,Â·/ 4 Cce/NA 7- 1 4 4 CO 1 & C r- 5-.. Â«1 ~ ~ /904453-P * LOOK *Y Scribed in Concrete ~Â£~; 14 Rebor & - ./ Yellow Plastic Cap Eost 4Â»,bs ~ 0 in Concrete ~r Scribed Avenue Legend and Notes: - a hdicates found monument as described. - Â® kidiccies set monument rebar and cap LS. 15710. - 4 hdicates control point - Survey On'eniction based on found monuments as shown. - Easements shown are from TiNe Commament Case No. PCT-5689 CJ }s3ued 8-27-91 by GRAP PIUâ‚¬in County Titte. Inc. 0 10 El- '49- 1* Al .GA. i.84/9 0 0 The proposed addition to the front entrance of 316 E. Hopkins Avenue represents a temporary " winter airlock " for diffusing cold air. This temporary structure would only be in place during the four coldest months of the year. The vestibule will be designed to blend in with the existing layout of the front porch and entranceway. The materials used and the decorative character of the design will reduce the impact of this temporary addition. It is our intention to build this airlock out of wood and glass and to provide an exterior door of the same period and character as the building. Placing the vestibule inside the structure would significantly compromise the floor plans we already have in place. We are working with a mere one thousand and one hundred square feet, therefore we must maximize every inch possible. We are required by the City of Aspen to conform with handicapped specifications regarding access to the building and restroom. The front walkway and door width do not comply with these handicapped requirements. We have proposed an addition to the rear of the building to meet these requirements without impacting the street side of the building whatsoever. Improvements will be made to the rear of the building in the form of a handicapped entrance/exit, a handicapped width "L" shaped hallway and a handicapped access restroom. The photograph included illustrates the dilapidated condition of the building's rear. Our renovations will only improve the structural and aesthetic qualities of this building. ie=*72~ ............... .-="S-2===m Z . --- -- - - - - -1 1 . 1 == 1 2 I I -1 44% 1. .1 . 11 . 9 -iii/1- 14.,1 34 \ 11 " 4. - Â· 41. .- *. J..I~-'99 -JUD#te., r-- r --2 2--Â·-Â«92â‚¬~,--~6 --..Â·..i.<1~itl~4~427'%41 Two Schmucks Inc. P.O. Box 3772 Aspen, Co, 81612 303-920-2101 10/19/1994 Dear Amy, This letter is an outline of our proposed changes to 316 E. Hopkins Ave. These alterations follow the guidelines you have set forth in our discussions dating back to early September. Maintaining the historic character of the building and minimizing the visible impact has been a primary concern of ours. Enclosed with this letter is a description of our additions along with a floor plan of the building. We appreciate your assistance on this project. /1 ~~~0~,~~ Sincerely, ,Â«~ ~ k 0-=3414---- Paul Levine ~n Levitt 11Â¢*li ~.,~,.Â£2*baKÂ¥1~ -ixÂ·ABill l to!,4*Pllt~ 1 . -- 24 700 MONARCH CONOOMINIUMS , FlfÂ·TH AVE. CONDOMINIUMS .r' C . M 4 -1 #-ER&Â£41&762+291@ THE DURANT - - . I MOt/.:Fli,~ ~ .....r.....,F'.=a CONOO FASCHIN<,7-~--~~~~~1Pa~""frfA CON[)O1AINIUMS 1,-,=6..6 .-MINIUMS / HAUS @U U U 1 Ul L-.Ill--I co.0061*1441 Â£-1 SNARK SI - -Se28 -DO - --ri-#-' r- '11,1.'LL,-Â·:5 im"iN -p~ ,54 1 / ALPEHBUCK_-113 A M 12 ' Â· 3*,e Â·Â· 449.B~. 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MALL Icclue , MO,q,c,to Furnist*'ll Sy.gy The Upp-9/"". -0 8.0.y. 06<Â£=b.1 * 1.04- 9 Elli""'Â·Â·Â·'â€¢'Â·Â· 11 1,1,1 It calurnbIM Shop J=*I' ./ woâ„¢,ctkc THE PAT7O 2Â£00Â· A.p- M-glum 222281 My Man, Man -Ir,trling - Mount,in- e,urn- C-01 An,1 - 30 Aneâ‚¬,1,1 W. - E 8. Lâ€¢-Ir'" -Â·*~~~ I~, Aspen _ Spor ts,~Iker lilli. Z=----\ 0.-y sup.... .-Amet......4*.--~. 1!zE,3225*RA.-'Id,Ltd. I ./ Rest---nt ~A Â¥ M.nal-'Int A-t--â€¢FiMil' Th' *th- Lod. - C,"ta P.la, ...Filf,GFQI-Eal,JA.Zi - Ifiki,Qi:/6$ 1~1~fl:AlÂ·~'1., 2...2-â€¢, tut=21--LAN = FNFWaS â€¢de,Ki-/ __ Aspen 6062;9=Mawl'jazza . a.11.1..|CiaFFRGI }klylm/L00â€¢8=Ma ~ C-U-1 l40 1 A~10- ..'/Sh/rk.....9 C>,fl M./Ju,U~' 1 1 - or-, I ~~Â©Corvnlck R- Eit~t, 60 M-k Jus~In Outdoors .- Lutz Shine- <- salon *i- Ogncy H.Ii KA nE AEED PLA. MiLL '7Â·REETPLA24 ./.- Exot,CS -/1...PR h. 672,-c,n & Whltak,f.Ine. ~~~~-1 THE BRAND ALUy I A FEH,11 0.11- Th~ Hold-Up Cach, C.che . CrrÂ¥ PLAZA L~,-d Adat-4 k-*â€¢ ......Â·. Qfl Â» = 1 lk!_ BLDG. All,y C# 0[Photography -/ Hor. Furrl,hing' EddleÂ·/ |Â£1 -.-i-- El.clrum /-- /*' laz.., IM : .... 9-9.- '.In W',n"n ...'. Sh<â€¢f _ Morecco L.,4 0.... - A-â€žC -01 A.p~n -Ltd | J.-1.y..... M.-icollâ€¢hm-/ i MUI Street Kid, Solo~ Color,de | 01 Or'Pe i Â·~ I F - Imp-s. r= of Upen 1 E]. th Locke 1- E..........4 r.... - Ltd. J,we l 01 A./.1 0 0 E. HOPKINS AVE. Mil-'l ./ e EEAE==R- m A.peÂ» 1:1*Y *le'l ..pres,0 - Fox Photo 1 Hr. L,b ATM L,Cocloa .A-t/u,-1- Must Non-,st lank - & Baf &=~l_- ~~~| Just P,per 0,~,(=50 Th, Market 4 1 .ortl (E),--~i~*"~ 7- (2) | 5/8-*21/1 2/M~.i 6.a Fal# - Câ€¢~ & Bakery Sport' Pub Tr. V.U. UPPâ€¢f C 01 ....://1'19 0"In 3Â£ .-Â«i C-,r. . ~E 5.7+. 6 H..... . Jar,â€¢ E. MAIN ST. Stlfllng Hol-I. Inc. THE HOTEL JEROME >%<12 lip- Cl-SIC PTO,-11*1. Inc. 8. I .-nts D-Ign,W,st CarlÂ·' Pharmâ€¢ 99.- .<==3 .eth @b TEE[19 Bleâ€¢k.rk Â· ..'- i gel T. Asp,0 8,-ch :r,Â·335 4 8 0â‚¬133*EZ, -1 A | JEROUE PRO~SNOMIL,1,00 BLEEKER SI 'NIAÂ· E. BL~KER ST -=ma=,=77-~Ar~ fle/31 ==ma m.. Ceâ€¢-I.I .3-Il-ZQ 1 / - Skis-VI' C.lt. ---3 .\--/41 A.P. Ve.,b -F - 69 4 1 7,1 / tr=RECYCLE CIR. elyâ‚¬. S-VIC' Câ€¢ntâ€¢f RIO GRANDE '.Le 'Â· -'. N,Pa miwiu /Inow I 18[Mi'At:~5- rl WL, Â· i 7;3,3/ttl;3~\ I. /,0 0,â€žn.â€¢r *0M~We,6~6~4,64~164. 3â€¢. ss68S4sM~SSA;S,SS ""/4 44" -/-Â·,Â»+.0.4,Â»:..+449 g Canyon /1--râ€¢ ./... /#3 --Â·- OVARP~'4& ' . -~j<23'433%gWT, ,<94#516454#,ir)61/2Â£%2L~ 3ize~~isd4itag **A 1 1 /-1 1. 14 It * 7-be,Ir, ~ IDe p~r4 - PUPPY -- -- 31'ler/Vwt,1NG:imish. 1 /Vi F.,4222**="L I. 9 SPRING ST. October 19, 1994 This letter is submitted by Two Schmucks Incorporated, Paul Levine President and Stephen Levitt Secretary, P. O. box 3772, Aspen, Co, 81612, 303-920-2101, authorizing Paul Levine and Stephen Levitt to act as representatives for said company. Two Schmucks Inc. has leased the premises at 316 E. Hopkins Ave., lot 0. Paul Levine Stephe~evitt Â»LU- c 2/li 11 .. RYANCO, INC. 715 WEST MAIN STREET, SUITE 101 ASPEN, COLORADO HIM I WARREN F. RYAN TELEPI IONE 301-951889 PRE<11 11*T FACSIMILE 303.915-1408 SUSAN 111<l Y KER CONIR(111111 ROLAND PARKER OCT 2 6 1994 PRopER-nÂ· M.AN.Ac,114 October 25, 1994 Amy Amadon, Historic Preservation Officer The City of Aspen 130 South Galena Aspen, Colorado 81611 Re: 316 East Hopkins, Aspen, Colorado (The Howling Wolf Restaurant) Dear Amy: I have reviewed the revised plans dated October 24, 1994 for the above referenced site and proposed restaurant, and this letter is to acknowledge that we do approve said plans. Should you have questions regarding this matter, please do not hesitate to contact me. Sincerely , ,1-- A ./ -1 0 & i/jlnj- .*.0I.- Warren F. Ryan President fJ WFR/nb CC: Paul Levi~e 't p f. 0 0 ASSIGNMENT AND ACCEPTANCE OF ASSIGNMENT OF LEASE commencing october 1 , 1994, for value received, On Location, Inc., ("Assignor") hereby assigns all of its right, title and interest in and to that certain Lease of the Building located at 316 East Hopkins Avenue, Lot O, Block 80, City and Townsite of Aspen, Pitkin County, Colorado, dated December 5, 1992, a copy of which is attached hereto as "Exhibit A", between 316 E. Hopkins, L.P., as Landlord, and On Location, Inc., as Tenant, unto Two Schmucks, Inc., dba "The Howling Wol f", Paul Levine and Stephen Levitt ( "Assignee" ), and its successors and assigns, with the express understanding and in consideration of Assignee assuming and agreeing to make all payments and perform all of the covenants and agreements in said Lease contained, which Assignee hereby agrees to do. Assignee's obligations are hereby personally guaranteed by Paul Levine and Stephen Levitt. Two Schmucks, Inc., Paul Levine and Stephen Levitt individually, agree to and shall save, hold, keep harmless and indemnify On Location, Inc., Peter Rizzuto and Tuvia Stein from and for any and all expenses, costs, attorney's fees and from any and all claims and liability for losses resulting from any acts or omissions by Two Schmucks, Inc. and/or Paul Levine and/or Stephen Levitt and/or assigns and/or their agents, employees, guests, licensees, invitees, assignees, successors and/or any cause or reason whatsoever arising out of this Assignment and Acceptance of Assignment of Lease. Assignor acknowledges that the Lease to On Location, Inc. dba "Peter's Place" dated May 31, 1994, was cancelled and nullified by Landlord and Tenant on June 22, 1994. Witnesseth my hand and official seal. +h This ~|- day of October , 1994-Â· Assignor Assignee On Location, Inc. Two Schmucks, Inc., dba "The Howling Wolf 0 -L/- p L+I Â·-- / BY: BY: ~~- *AJM#2/3 Peter Rizzut~0 Pres. Paul L*Vine, Pres. and BY: Padl Levine, / IrÂ¥4ividually AND: --C ( 3-Â¥plo Steph@~Levit)E, Individually AND: ,Individually STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The faregoing instrument was acknowledged before me this / l day of (98010â‚¬r , 1919, by Arter Kizzldo Pres. and by PO .1,1-0/C -0 - 1 -LL- and by 5 0,9 - ...C.U. 4 Witness my hand and official seal. My commission expires: 1/0 #?5 LTHOU/pf) A ' 2401 NOTARY PUBLIC . F 0 . CONSENT TO ASSIGNMENT AND ESTOPPEL CERTIFICATE RE: Lease of Building located at 316 East Hopkins Avenue, Lot 0, Block 80, City and Townsite of Aspen, Pitkin County, Colorado dated January 1, 1992 to On Location, Inc. . The undersigned, 316 E. Hopkins, L.P., Landlord, in the Lease dated December 5, 1992 and letter addendum/extension to Lease attached hereto as "Exhibit A", hereby consents to the assignment of the said Lease to Two Schmucks, Inc., dba "The Howling Wolf", Inc. (Assignee) as contained on a counterpart hereof, upon the express conditions that: a. No further assignment of said Lease or subletting the Premises or any part thereof shall be made without Landlord's written consent first being obtained in conformance with the provisions of the Lease. b. The Lease shall be personally guaranteed by Paul Levine, Stephen Levitt. c. All current charges for rent, taxes and insurance are prorated and paid currently at closing (including $2,208.33 for October 1994). All charges for rent, taxes and insurance for the entire remaining term of the Lease are prepaid at closing on the assignment. ($13,249.98 for November 1994 through April 30, 1995). d. The amount of the security deposit to which Tenant under the Lease is entitled is $1.602.71. e. The Lease to On Location, Inc. dba "Peter's Place" dated May 31, 1994, was cancelled and nullified by Landlord and Tenant on June 22, 1994. Witnesseth my hand and official seal. This U day of October , 1994 . Landlord: 316 E. Hopkins, L.P. By: ScotQ*REÂ¥1~ger, Pres. East Hopkins, Inc., General Partner STATE OF COLORADO ) < ~ N. BLANCHARD} ~ ) SS. h\ /0 2 COUNTY OF PITKIN ) log')Â£:-Â·Â·Â·Â·........ir<LiE/*f The foreguing instrument was acknowledged before me this ~~ day of 0 (4 Often , 1994, by Scot Barringer Witness my hand and official seal. My com~-ssionA expiFes: 7/ 2 0/15 1\43Â»Cul NOTARY PUBLIC c:1leases~2shmucks.ass 0 0 ~ 2:940, r 20 RYANCO, INC. 715 WEST MAIN STREET ASPEN, COLORADO 8 t6 I 1 WARREN F. RYAN TELEPHONE 303-925-5889 PRESIDENT FACSIMILE 303-915-2408 SUSAN BRUCKER Ck)NTRi)LLER ROLAND PARKER PROPERTY MANAGER June 22, 1994 --il- - Peter Rizzuto HAND DELIVERED Peter's Place 316 East Hopkins Aspen, Colorado 81611 Dear Peter: Pursuant to our telephone conversation yesterday, it is my understanding that you are not prepared to accept the new lease with us for the 316 East Hopkins location. As I have told you, we will be marketing the space to potential new tenants. If you change your mind and are interested in acquiring the space under the terms and offering price we have previoulsy discussed, please contact me. Please understand that we have no duty or obligation to inf orm you o f our negotiations with third parties, or, by this letter or any other communication are we granting you any right of first refusal or an option on the space. As it relates to our discussions of changing the anniversary date of your existing lease from December 4, 1994 (which is currently expired) to April 30, 1995, we have agreed to extend your lease. The extension will be on the exact same terms and condition of your existing lease dated December 5, 1992. Please sign, date and return the duplicate copy of this letter indicating your acceptance of all the above terms and conditions. Should you have any ql.1$,stions regarding the above, please do not hesitate to contaB>Â¤f@ 0 Sincerely, ~ / wet:F;n F. Ryan ~ President WFR/nb Enclosure I accept +1-- - , and conditions, individu, 11~of Peter's Place; ZE--=14 Signed: \ v ruÂ«/ 1 \/\ AA.At / U 1!te: C PYW 9 4 Pgt*r RizzÂ·(lt~* l ' ' f -. 91 1 "-1- A LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter referred to as the "Lease"), made and entered into to be effective as of the 1 1 day of January, 1993, by and between 316 E. HOPKINS, L.P., a Colorado limited partnership (hereinafter referred to as "Landlord") , and ON LOCATION, INC., a Colorado corporation, Tuvia Stein and Peter Rizzuto (hereinafter referred to as "Tenant"); WITNESSETH: WHEREAS, Landlord is the record owner of that certain improved commercial property described as the historic cottage located at 316 E. Hopkins, Lot O, Block 80, City and Townsite of Aspen, Pitkin County, Colorado (the "Property"); and WHEREAS, Tenant desires to lease from Landlord the existing Building (only the existing historic landmark cottage located on the southerly portion of the parcel) (the "Building") situated on the Property, and Landlord desires to lease such Building to Tenant, all upon the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, the parties hereby agree as ifollows: 1. Premises. Landlord hereby leases to Tenant and Tenant hereby rents from Landlord the following-described premises: All of the Building situated on the Property, together with any and all appurtenances to such Building, all interior walls, ceilings, floors, doors, windows and plate glass, and all fixtures presently located upon or within said Building, and together with the right to use the sidewalk and the exterior stairway which provides access from Hopkins Street to said Building (hereinafter collectively referred to as the "Leased Premises") ; provided however, the Leased Premises will not include any portion of the northerly approximately 50 feet of the Property to rear of the Building. This Lease is made and entered into subject to all liens, encumbrances, restrictions, obligations, easements and other matters of record as of the date hereof affecting title to the Leased Premises and the Property. 2. Term. The primary term of this Lease shall commence on December 5, 1992 and shall expire at midnight on December 4, 1993 unless earlier terminated pursuant to the provisions of this Lease. Tenant shall have the right and option to extend the term of this Lease for one additional year. The option to extend shall be exercised by Tenant giving to the Landlord written notice of its election to exercise such option no later than June 5, 1993. In the event the option is exercised, the rent shall be $24,000 for the option period payable at the rate of $2,.000 per month. As a condition precedent to the valid exercise of such option to extend, Tenant shall not at the time of such exercise be in default under any of the terms, conditions, obligations or restrictions of this Lease. Except as may be otherwise expressly provided herein, the use and occupancy of the Leased Premises by Tenant during the option period shall be upon the same terms and conditions as are applicable to the primary term of this Lease. 3. Rental. Tenant agrees to pay to Landlord rental throughout the term of the first year of the Lease, in equal monthly installments of $1783.23 per month with a prorated monthly installment for December 5, 1992 to December 31, 1992 of $1495.61 due upon execution hereof, and a prorated monthly installment for the last month of the term of the Lease at the then prevailing rental. The monthly installments of rent shall be due on the first day of every month commencing January 1, 1993, and continuing throughout the entire term of this Lease, without prior demand. Rental payments shall be delivered to Landlord at 715 West Main Street, Aspen, Colorado 81611 or at such other place as Landlord may from time to time designate in writing to Tenant. In the event a monthly rental installment is not received by Landlord on or before the loth day of the month in which it is due, Tenant shall add 5 percent of the combined monthly rental amount to that monthly installment for a late payment penalty as additional rent. The Landlord need not give any notice to be entitled to this late payment penalty, and the accrual of such penalty (in the form of additional rental) shall in no way be construed to limit the Landlord's remedies in the event of such default (including the right to give a 3-day notice under Paragraph 19(b) hereof), which remedies shall in all cases hereunder be deemed to be cumulative. 4. Permitted Uses; Compliance with Laws. Tenant shall use and occupy the Leased Premises for the operation of a hair and beauty salon with incidental retail sales, and for purposes incidental thereto, and for no other purpose whatsoever without the prior written consent of Landlord. Tenant has independently confirmed that the uses which are intended for the Leased Premises are permitted by and in compliance with all applicable laws. Tenant will not use, occupy, or permit the Leased Premises or any part thereof to be used or occupied for any unlawful or illegal business or use, or purposes deemed by the Landlord to be disreputable or hazardous, nor in such manner as to constitute a nuisance of any kind or to increase the rate of fire insurande on the Building containing the Leased Premises, nor for any purpose or in any way in violation of any present or future laws, rules, requirements, orders, directions, ordinances, Building codes or regulations of the United States of America, State of Colorado, County of Pitkin, City of Aspen, or other municipal, governmental, or lawful authority whatsoever. Tenant shall promptly comply with all such laws and other directives affecting the Leased Premises and the use, safety or cleanliness of the same, at Tenant's sole cost and expense. Trash shall be kept in closed containers, no toxic or hazardous substances shall be placed in the Building, the Leased Premises shall be kept in a neat and orderly condition and Tenant shall keep the Leased Premises at a temperature sufficient to prevent freezing of plumbing. Tenant agrees to pay in a full and timely manner all sales, withholding, unemployment insurance, worker's compensation insurance, personal property, business license, and other taxes arising out of or relating in any way to the business conducted by Tenant upon the Leased Premises. 5. Shed Demolition and Landlord's Right to Make Land Use Applications. The parties agree: (i) that Landlord shall not under any circumstances be liable to Tenant for damages for loss of business resulting from the demolition by Landlord of the existing shed located on the alley and any improvements to the Property; and (ii) that any inconvenience which Tenant may experience as a consequence of such demolition or improvement shall not constitute a breach of Landlord's covenant of quiet enjoyment nor violate any other rights of Tenant hereunder. Landlord reserves the right at any time during the term of this Lease to prosecute land use applications with the City of Aspen involving the Building or the Property, and any adjoining parcels which Landlord may hereafter acquire, including without limitation subdivision, lot split, GMP, Building permit, special review and/or variance procedures, and Tenant agrees to cooperate and join in such applications if necessary; provided always that such applications shall be pursued at Landlord's sole cost and expense and shall not impair Tenant's rights and privileges under this Lease. 6. Landlord's Right to Condominiumize Property. Landlord expressly reserves the right at any time during the term hereof to prosecute such applications with the City of Aspen, and to execute and record such declarations, restrictive covenants, maps or other documents, as may be necessary or appropriate for the purpose of 2 , . subdividing the Property into condominium units and common elements pursuant to the Colorado Condominium ownership Act (or any succeeding Act), and Tenant hereby expressly agrees to join in any such applications and to execute any such documents to the extent necessary to accomplish such purpose; provided always, that if all or any portion of the Leased Premises shall be included in a condominium unit, the Landlord's right as declarant and owner thereof shall be subject and subordinate to all possessory and other rights of the Tenant in and to the Leased Premises under this Lease. 7. No Parking. It is expressly acknowledged and agreed that the Building is leased without any surface parking on the Property, all of which has been reserved to the Landlord. 8. Utilities. Tenant agrees to be responsible for and to pay in full when due, and shall save, hold and keep harmless and indemnify and defend Landlord from and against any and all utility charges which may from time to time be assessed to or in connection with the Leased Premises, or any part thereof, or any business operations now or hereafter located or conducted thereon, including without limitation all charges for water, gas, electricity, sewer, trash collection, snow removal, cable television, telephone, and all other services used by Tenant. All utility accounts shall be in Tenant's name, and Tenant shall promptly transfer all utility accounts into its name upon execution and delivery of this Agreement. Tenant will reimburse Landlord within 10 calendar days for each utility expense paid or incurred by Landlord relating to the period of time of Tenant's possession of the Building. Landlord will provide a copy of each bill for any utilities paid or incurred by Landlord which are Tenant's responsibility under this Agreement. Within 10 days after each bill is provided to Tenant, Tenant will reimburse Landlord for Tenant's prorata share of the bill. 9. Taxes and Insurance; Tenant Indemnification of Landlord. During the term of this Lease, Landlord shall maintain all-risk insurance for fire and public liability on the subject Building and shall pay the premiums thereon. The Tenant will be responsible for obtaining its own contents insurance. Tenant agrees to indemnify Landlord against all demands, claims, causes of action, and any expenses (including attorney fees) incurred in resisting claims, for injury to person, loss of life or damage to property occurring during the term of this Lease or any extension thereof and (a) occurring on the Leased Premises and arising out of Tenant's use and occupancy thereof or (b) occurring inside or outside the Leased Premises if caused by the act, omission or neglect of Tenant or the employees, agents, contractors, licensees, guests, invites, or subtenants thereof. The Tenant will reimburse to the Landlord, up to a maximum of $2,500 per year, the actual costs incurred by the Landlord with respect to real property taxes and public liability insurance. The sum of $208.33 shall be added to each installment of monthly rent and shall be payable to Landlord with the monthly rent. 10. Condition of Leased Premises. Tenant accepts the Building as is. Landlord conducted an inspection of the Building and has found no electrical, mechanical, heating or lighting problems. Tenant shall pay for any desired improvements in the carpet, drywall, paint or other cosmetic repairs. 11. Maintenance, Repair and Restoration. During the term of this Lease, Tenant agrees to pay for all routine maintenance and repairs of the Building and the electrical, plumbing, heatihg, water and gas systems for the Building. Broken windows will be the responsibility of the Tenant. Tenant agrees, during the Â·term hereof, and at Tenant's expense, to maintain the interior of the demised premises in good condition and to promptly and diligently repair any damage to walls, partitions, doors, door jams, door closets, door hardware, fixtures, glass, floors, ceilings, 3 0 . railings, and bannisters. Tenant shall comply with the ordinance relating to the removal of snow from public sidewalks on the Property. The Tenant shall remove snow from the walkway leading from the street and public sidewalks to the entry into the Building. 12. Alterations and Improvements. Tenant shall not make any alterations, improvements, and/or additions to the Leased Premises or the exterior of the Building or the surrounding grounds (specifically including all exterior signage) without first providing plans of proposed changes and obtaining Landlord's written consent. All approved changes shall be accomplished by Tenant in a good and workmanlike manner and at Tenant's sole cost and expense, and Tenant expressly agrees to keep Landlord's property free of mechanic's liens and other claims in connection therewith. Tenant agrees to deliver to Landlord written notice of its intent to begin construction of any approved changes at least 5 days prior to the commencement of any work thereon, so as to allow Landlord to post an appropriate notice of non-liability pursuant to Section 38-22-105(2) of the 1973 Colorado Revised Statutes. All leasehold improvements shall be completed using contractors approved by Landlord and all construction contracts shall contain a clause acknowledging the contractor will hold the Landlord and the Property free of all liens and claims for labor and materials and will look solely to the Tenant for payment for such improvements. 13. Assignment and Subletting. In the event that Landlord transfers its interest in the Property to any third party (including without limitation a corporation wholly-owned by Landlord) which transferee agrees to assume all of the Landlord's rights and responsibilities hereunder, Landlord shall thereafter be deemed to be fully and forever relieved of all further obligations hereunder. Except as otherwise provided herein, Tenant shall not ' assign this Lease nor any interest herein, or sublet all or any I part of the Leased Premises, or encumber, mortgage or hypothecate this Lease or any interest herein, or permit the use of the Leased Premises by any person or persons other than Tenant, or permit or suffer the transfer, pledge or other disposition (whether voluntary or involuntary) of 50 percent or more of the stock of Tenant, without Landlord's prior written consent, which consent shall not be unreasonably withheld. Any assignment, sublet, encumbrance, , stock disposition or occupancy change made or given or permitted in violation hereof shall be null and void and without force or effect and shall be deemed a breach of this Lease. Landlord's consent to any requested assignment or other transfer shall not constitute a waiver of Landlord's right to refuse consent to any other such request. In the event that the Landlord consents to any request, assignment or other transfer, the consent shall not release the Tenant from any liability under this Lease and the Tenant (in addition to any subtenant or assignee) will continue to be primarily liable under the terms of this Lease. The above language to the effect that Landlord's consent "shall not be unreasonable withheld" shall be deemed to require Landlord's consent when the following conditions are met: (a) Tenant shall not be in default under any of the terms or provisions of the Lease. (b) The assignee shall agree to faithfully perform and to be bound by all of the terms and provisions of the Lease, such agreement to be in a form reasonably satisfactory to Landlord. (C) If the proposed assignee is a corporation, all Lease obligations must be personally and unconditionally guaranteed by the principal shareholders and directors, and the corporation must agree that all of the provisions of this Paragraph 13 shall apply to any subsequent transfer, sale or 4 ' 0 0 other disposition (whether voluntary or involuntary) of 50 percent or more of the stock of said corporation. (d) The proposed assignee (and any guarantors of a corporate assignee) has submitted a financial statement prepared by an independent C.P.A. which establishes, to Landlord's reasonable satisfaction, the assignee's (and guarantors') financial ability to perform Tenant's Lease obligations and to conduct the leasehold business. (e) The proposed assignee has reasonably satisfied Landlord that the assignee (or its management personnel) has adequate prior experience, a good business reputation and good credit rating in prior operations of whatever business is proposed to be conducted in the Leased Premises and which is sufficient and acceptable in Landlord's sole discretion. The Landlord shall grant its consent (subject to compliance with the above subparagraphs 13(a) through 13(e)) if there is no change of use of the Leased Premises from the current use as a hair salon with incidental retail sales of hair and grooming products. In the event the Tenant proposes a change of use (and has complied with subparagraphs 13(a) through 13(e) above), the Landlord shall not unreasonably withhold its consent to any such proposed change of use; provided however, if the Landlord does grant its consent to any requested assignment or other transfer constituting a change of use, the Landlord will be entitled to 50% of all rents and other consideration paid by the subtenant or assignee in excess of the then current rent and other consideration payable by the Tenant under this Lease. 14. Security Deposit. Tenant has previously transferred to the Landlord the sum of $1602.71, as security for the performance by Tenant of all terms, conditions and provisions of this Lease, including without limitation, rent and/or damage to the Premises. The security deposit shall be retained by Landlord until 30 days after the expiration or other termination of this Lease. Landlord shall have 30 days following such termination in which to provide Tenant with a written itemization of damages for which Landlord will be entitled to reimbursement by Tenant from the security deposit. Tenant may not apply the security deposit against any rental or other payment due under this Lease. Landlord shall have the option and right to appropriate and apply any portion of the security deposit to the payment of any overdue rental or other sum to compensate Landlord for damage sustained by Landlord due to any breach by Tenant. Any such default by Tenant shall not be deemed waived by Landlord's application of the security deposit to pay any overdue obligations. Upon application of such security deposit and notice to Tenant, failure of Tenant to restore the amount of any portion of the security deposit so applied, after seven days' notice to do so by Landlord, shall constitute a separate breach hereof. Tenant's tax I.D. No. to be used for such security deposit account is: 15. Access to Premises. Landlord and its authorized representatives shall have the right to enter upon the Leased Premises at all reasonable hours (and in emergencies, at all times) to inspect the same, or determine compliance herewith, to make repairs, additions or alterations to the premises, to show the premises to prospective lenders, purchasers, or Tenants, and for any other lawful purpose. To the extent possible, Landlord agrees to provide Tenant with reasonable notice whenever it deems it necessary to enter upon the premises. Tenant waives any claims for business interference, inconvenience or loss of quiet enjoyment or abatement or rent as a result of such entry. 16. Casualty. If, at any time after the execution hereof, the Leased Premises are destroyed or damaged by fire or by any other casualty or cause whatsoever, Landlord at its expense shall 5 .. have the right but never the obligation to restore or rebuild the Leased Premises as nearly as practicable to the condition existing just prior to such destruction or damage. In the event the Leased Premises are destroyed or damaged to such an extent as to render the Leased Premises (or any substantial portion thereof) uninhabitable, the Tenant shall have the right to cancel this Lease and end the term hereof by giving Landlord written notice thereof within ten (10) days after the date of the casualty. 17. Abatement of Rent. Except as otherwise limited herein, if, as a result of damage to or destruction of the Leased Premises due to fire or any other casualty or cause, the whole or any part of the Leased Premises shall become untenantable, dangerous or unfit for Tenant's use, or Tenant loses the use of all or a portion of the Leased Premises, rent shall abate justly and proportionately during the continuance of such condition. The foregoing rent abatement provisions shall not be applicable if the fire or other casualty or cause shall be the result of carelessness, negligence or improper conduct of the Tenant or the Tenant's agents, officers, directors, employees, guests, licensees, invitees, contractors, or subtenants (excepting subtenants created following Tenant's loss of its possessory rights hereunder). In such case, the Tenant's liability for the payment of rent and the performance of all of the covenants and conditions and terms hereof on the Tenant's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Furthermore, the foregoing rent abatement provisions shall not be effective or applicable in the event of business interruption, interference or inconvenience during Landlord's demolition or improvements under the provisions of Paragraph 5 hereof. 18. Eminent Domain. In the event that the Leased Premises are taken in whole or in part by condemnation proceedings or eminent domain, or in the event that Landlord (and Tenant if necessary) shall convey all or a part of the Leased Premises in avoidance or in settlement of such condemnation proceedings or threat thereof (either of which is referred to hereinafter as "the taking"), and if such taking shall render the remainder of the Leased Premises unsuitable for the use to which it has been put immediately prior to such taking, then at Tenant's option this Lease shall terminate, and both parties shall thereupon be released from any liability thereafter accruing hereunder; but all rentals and other charges then accrued shall immediately be due and payable by Tenant. Landlord agrees immediately after receiving notice of any condemnation to give to Tenant notice in writing thereof. Tenant shall have no claim against Landlord for the value of any unexpired term of this Lease or any renewal thereof. Tenant shall not be entitled to any part of the award of such taking, and such award shall belong to and be the property of Landlord whether such award shall be deemed compensation for diminution in the value of the leasehold or the value of the fee in the premises. Tenant may claim from the condemning authority, but not from Landlord, compensation for any damage to Tenant's business done in the demised premises, provided the same shall not reduce Landlord's award. 19. Default. (a) The occurrence of any of the following shall constitute an event of default: ( i) Delinquency by the Tenant in the payment o f any form of rent under this Lease for a period of ten (10) days from the date such rent became due and payable. (ii) Delinquency by the Tenant in the performance of or compliance with any of the other obligations of Tenant contained in this Lease, for a period of twenty (20) days after written notice thereof from Landlord to Tenant unless such obligation is one that by its nature 6 ' . .. 8 cannot be performed within the 20 day period, in which case the default shall not occur so long as Tenant commences performance upon the giving of the notice and continues to make a diligent and good faith effort to complete such performance. (iii) Filing by or against the Tenant in any court pursuant to any statute either of the United States or of any state, of a petition of bankruptcy or insolvency, or for reorganization, or for the appointment of a receiver or trustee, of all or a portion of the Tenant's property, if within sixty (60) days after the commencement of any such proceeding involving the Tenant such petition shall not have been dismissed. (b) In the event of default in non-payment of rent as defined in Subparagraph (a)(i) above, all of Tenant's rights to possession of the Leased Premises shall automatically terminate on the date specified in the Landlord's three (3) day notice for payment of rent or surrender of possession of the Leased Premises under Section 13-40-104(d) (1973 C.R.S.), if Tenant fails to pay such rent as demanded in said notice. In the event of a default by Tenant under the provisions of Subparagraphs (a)(ii) and (a)(iii) above, all of Tenant's rights to possession of the Leased Premises shall automatically terminate on the date specified in Landlord's three (3) day notice thereof under Section 13-40-104(e) (1973 C.R.S.). (C) Upon the termination of Tenant's possessory rights pursuant to the preceding subparagraph, the Tenant shall peacefully surrender the Leased Premises to the Landlord and the Landlord upon or at any time after any such termination may, without further notice, reenter the Leased Premises and repossess them by force, summary proceedings, ejectment or otherwise, and may dispossess the Tenant and remove the Tenant and all other persons and property from the Leased Premises and may have, hold and enjoy the Leased Premises and the right to receive all rental income therefrom. (d) At any time after such termination of Tenant's possessory rights, the Landlord may relet the Leased Premises or any part thereof, in the name of the Landlord or otherwise for such term (which may be greater or less than the balance of the term of this Lease) and on such conditions as the Landlord, in Landlord's absolute discretion, may determine, and may collect and receive the rents therefor. (e) Unless Landlord so elects as below provided, no such termination of Tenant' s possessory rights shall cause a termination of this Lease or otherwise relieve the Tenant of its liability and obligations under this Lease, and such liability and obligations shall survive. In the event of any such termination of Tenant's possessory rights, the Tenant shall pay to the Landlord the rent required to be paid by the Tenant up to the time of such termination, and thereafter the Tenant, until the expiration of the remaining term of this Lease, shall be liable to the Landlord for, and shall pay to the Landlord as and for liquidated and agreed damages for the Tenant's default the following: (i) The rental and other amounts due from Tenant under this Lease, less (ii) The net proceeds of any reletting effected pursuant to the provisions of the preceding paragraph, after deducting all of the Landlord's expenses in connection with such reletting, including without limitation, all reasonable repossession costs, brokerage commissions, legal expenses, attorneys' fees, costs and expenses of preparation for such reletting. 7 ' ... 8. (f) In the alternative, at any time within the 90 day period following the termination of Tenant' s possessory rights pursuant to subparagraph (b) above, Landlord may elect to terminate this Lease by written notice to Tenant. Upon such termination, or in the event a court shall otherwise construe this Lease as terminated following Tenant's loss of its possessory rights hereunder, Landlord shall have and exercise all rights of ownership of the Leased Premises, and Tenant shall pay to the Landlord as and for liquidated and agreed damages for the Tenant's default all damages caused by the default including reasonable attorney's fees and all monies owed the Landlord by the Tenant, and including the worth at that time of any difference (in the Landlord's favor) in the payments specified for the remaining term of the Lease and the then reasonable rental as might be received from the Leased Premises for the duration of the term. All these amounts shall be due immediately. (g) In the further alternative, at any time following the termination of Tenant's possessory rights pursuant to subparagraph (b) above, Landlord may elect to sublet all or portions of the Leased Premises without terminating this Lease, in which case Landlord and Tenant shall have all of the rights and obligations set forth in subparagraphs (C), (d) and (e) above as may be properly applicable to such a subletting. (h) Should Tenant be dispossessed of the Leased Premises by operation of law or otherwise, any personal property belonging to Tenant left on the premises shall, at the Landlord's sole option, be deemed to be abandoned to the Landlord, or Landlord may store such property in Tenant's name and at Tenant's expense without notice to Tenant. 20. Covenant of Ouiet Eniovment. So long as the Tenant is not in default hereunder, the Landlord covenants that the Tenant shall peaceably and quietly occupy and enjoy the Leased Premises subject to the terms hereof. The Landlord warrants and agrees to defend the title to the Leased Premises, and further warrants that it has full authority to execute this Lease. 21. Accord and Satisfaction. Unless otherwise agreed in writing between the parties, no payment by Tenant or receipt by Landlord of a lesser amount than the rent or other payments herein provided shall be deemed to be other than on account of the earliest amount due and payable hereunder, any endorsement limitation or statement or purported condition accompanying any check or payment required hereunder shall be null and void and shall not be deemed an accord and satisfaction, and Landlord may accept and negotiate any such check or payment without prejudice to the Landlord' s. rights to recover the balance o f such amounts due hereunder or to pursue any other remedy provided in this Lease or by law or equity. 22. Mortgage Prioritv. This Lease shall not be a lien against the Leased Premises with respect to any mortgages or trust deeds now or hereafter placed upon the subject Building or the underlying real property. The recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien to this Lease, irrespective of the date of recording and the Tenant agrees to execute any instruments, without cost, which may be deemed necessary or desirable, to further effect the subordination of this Lease to any such mortgage or mortgages. A refusal by the Tenant to execute any such subordination shall entitle the Landlord to terminate this Lease at once. Provided always, that Landlord agrees to obtain nondisturbance agreements for the benefit of Tenant from all future trust deed or mortgage holders. Tenant agrees not to record or file this Lease or any memorandum thereof in the Pitkin County real property records. Any such recording in violation hereof shall be considered a slander of Landlord's title and a breach of this Lease. This covenant shall survive the expiration or earlier termination of this Lease. -- 8 , . 23. Surrender of Premises: Treatment of Tenant's Alterations at Expiration or Termination of Lease. upon termination of this Lease or termination of Tenant's possession rights in the Leased Premises, Tenant shall promptly deliver possession thereof to Landlord. All alternations, additions, improvements, partitions, flooring, carpeting, plumbing fixtures, shelving and other fixtures (excepting trade fixtures which can be removed without material damage to the Leased Premises, which shall remain the property of Tenant provided Tenant completely repairs such damage), which may be made or installed by Tenant upon the Leased Premises during the term of this Lease and which in any manner are attached to the floors, walls, windows, or ceilings, shall become the property of the Landlord upon the expiration or other termination of this Lease or of Tenant's possessory rights hereunder. In all other respects, Tenant shall return the Leased Premises to Landlord in their original condition existing at the commencement of this Lease, ordinary wear and tear excepted. The parties mutually agree that for purposes of this Lease, the following items shall be deemed removable trade fixtures: (a) Tenant's mirrors; provided that upon removal of Tenant's mirrors by Tenant, the Leased Premises shall be returned to Landlord in the original condition existing at the commencement of this Lease (ordinary wear and tear expected), including without limitation, patching any holes, repainting, or restoring any damage caused by attachment of the mirrors to the Leased Premises; and (b) Tenant's carpeting; provided that Tenant shall either re-install any carpeting removed, as installed in the Leased Premises upon commencement of this Lease, or Tenant shall leave Tenant's carpeting in the Leased Premises. 24. Notice. (a) All notices to be given with respect to this Lease shall be in writing. Each notice shall be sent by registered or certified mail, postage prepaid, to the party to be notified at the address set forth below or at such other address as either party may from time to time designate in writing: If to the Landlord: 316 E. Hopkins, L.P. c/o Ryanco 715 West Main Street Aspen, Colorado 81611 With Copy to: Warren F. Ryan 715 West Main Street Aspen, Colorado 81611 If to the Tenant: Peter Rizzuto Tuvia Stein 316 E. Hopkins Aspen, Colorado 81611 With Copy to: Allan H. Adger Wright & Adger 201 North Mill Street, Suite 106 Aspen, Colorado 81611 (b) Every notice shall be deemed to have been given ,at the time it shall be deposited in the United States mail in the manner prescribed herein. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. 9 , I { 25. Waiver. No waiver by either party hereto of a breach by the other party of any provision hereof shall be deemed a waiver by such party of any other provision hereof or of any subsequent breach by the other party of the same or any other provision hereof. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to constitute, or to render unnecessary the obtaining of, Landlord's consent to or approval of any subsequent act of Tenant, whether or not similar to the act so consented to or approved. The acceptance of rent hereunder by Landlord shall not constitute a waiver of any preceding breach by Tenant of any term, covenant, or condition of this Lease other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such rent. No waiver of any provision of this Lease shall be effective unless it is in writing and signed by Landlord. 26. Holding Over. If Tenant shall hold over and beyond theÂ· term of this Lease or the expiration of Tenant's possessory rights hereunder without the consent of Landlord, Tenant shall be liable to Landlord for rent during the entire holdover period in the sum of five hundred dollars ($500.00) per day. 27. Time of the Essence. Time is of the essence with respect to the performance of every provision of this Lease in which time of performance is a factor. 28. Expenses of Default; Attorney's Fees. Reasonable costs and attorney fees and other expenses incurred by Landlord in enforcing any provision of this Lease including preparation of notices of default, shall be paid by Tenant as additional rent. In addition, the Landlord's costs and attorneys fees in any action or proceedings, by reason of a default by the Tenant or by anyone holding under Tenant in complying with any requirement of this Lease, or incurred by the Landlord by reason of any action to which Landlord shall be made a party because of this Lease (unless Landlord is determined to have been j oined because o f wrongful acts of Landlord), shall be paid by Tenant. In the event the Tenant is the prevailing party in any action or proceedings, the Tenant shall be entitled to recover its costs and reasonable attorney's fees in addition to any other relief to which it may be entitled. Tenant waives any right to a trial by a jury of any such dispute related to this Lease. 29. Paragraph and other headings. The Paragraph and other headings contained in this Lease are for reference purposes only and shall not in any way affect the meaning or interpretation of the text of this Lease. 30. Governing Law. This Lease shall be construed and enforced in accordance with the laws of the State of Colorado. 31. No Third Party Beneficiaries; No Implied Assumption of Liability. Except as may be expressly provided herein, the parties do not intend by this Lease to benefit any third party, and no provision hereof shall be enforceable by any third party. Neither Â· party shall, by virtue of this Lease, be deemed to have assumed any liability or obligation of the other party to any person except as may be specifically provided herein. 32. Right of First Refusal. Upon expiration of the term of this Lease, the Tenant shall have a right of first refusal to lease the Leased Premises or any comparable newly constructed commercial premises located on the Property. If the Landlord desires to offer the Leased Premises for lease, or shall receive from a third party a bonafide offer to lease that the Landlord desires to accept , the Landlord shall send to the Tenant a copy of the contract embodying the terms of the offer together with a written notification of the Landlord's intention to accept the offer if the offer is not 10 accepted by the Tenant. The Tenant shall have the right, within 30 days of the receipt of the contract and the written notice, to lease the Leased Premises on the same terms and conditions as set forth in the Contract and notice. In the event the Tenant elects to accept the offer embodied in the contract and notice, the Tenant must do so by executing a copy of the contract and returning it to the Landlord within the 30 day period together with the initial deposits or other payments required under the terms of the contract and notice. In the event the Tenant does not respond within such 30 day period, the Tenant shall be deemed to have waived its right of first refusal. 33. Entire Agreement; Amendment. It is expressly agreed by and between the parties as a material consideration for the execution of this Lease that there are and were no verbal or written representations, understandings, stipulations, agreements, or promises pertaining to the subject matter of this Lease not incorporated in writing herein, and it is likewise agreed that neither this Lease nor any of the terms, provisions, conditions, representations, or covenants herein contained can be modified, changed, amended, superseded, waived, or extended except by an appropriate written instrument duly executed by the parties. 34. Severability. If any provisions of this Lease shall be invalid, illegal or unenforceable, it shall not affect or impair the validity, legality or enforceability of this Lease itself or of any other provision hereof, and there shall be substituted for the affected provision, a valid and enforceable provision as similar as possible to the affected provision. 35. Further Assurances. Each party hereto shall from time to time execute and deliver such additional instruments or do such additional acts as the other party may reasonably request in order to effectuate the intent and spirit of this Lease. 36. Binding Effect. This Lease and all agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the day and year first above written. LANDLORD: 316 E. HOPKINS, L.P. a Colorado limited partnership By: <CIFT- Scottdarringer, President of East Hopkins, Inc., General Partner TENANT: ON /btifTINC PeteA Alzzlg,2,_ Prgaidenik Pdfer' ii.ziutÂ« Individually Tuvia Stein, Individually STATE OF COLORADO ) SS COUNTY OF PITKIN ) ThÂ«foregoing instrument was acknowledged before me this r~ day of UO yux-Cl/'0~ , 1993 , by Scot Barringer, President of East 0 -- 11 Hopkins, Inc., General Partner of 316 E. Hopkins, L.P., a Colorado limited partnership. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) Thk foregoing instrument was acknowledged before me this ~ day of L.3*01*ekKAAr , 1993 , by Peter Rizzuto, individually and as Presid@nt of On Ldcation, Inc., a Colorado corporation. Witness my hand and official seal.A My commission expires: 404_9'2,6Â«04 Notary Public DAWN M. BOHLENDER - NOTARY PUBLIC STATE OF COLORADO ) MY COMMISSION EXPIRES 08-22.96 ) SS BANK OF ASPEN COUNTY OF PITKIN ) P.O. BOX O ASPEN, COLORADO 81812 0 4 The foregoing instrument was acknowledged before me this c day of ClÂ»,abul (R./1.A~, 1993 , by Tuvia Stein individually. Witness my hand #nd official seal. My commission expires: 0/7-A ~-Al,Â«. i v\Â«1-4 A- Notary Public DAWN M. BOHLENDER - NOTARY PUBLIC ryan\docs\lease.1C MY COMMISSION EXPIRES 06-22-96 BANK OF ASPEN P.O. BOX 0 ASPEN, COLORADO 81612 -- 12 'irMA<eÂ·Â·.52[ *S#Â·* 0 Â·Â· %5. #*. .. HISTORIC PRESERVATION COMMITTEE DECEMBER 14, 1994 people walk down the alley rather than wait out front and I know that because I wait for the bus. The alley is really beautiful and it is like a residence. I feel it is appropriate that cabin #22 was eliminated. It is such a neighborly thing for them to do to listen to our concerns and become responsive. Tom: I am a neighbor and I live across on Third and Main and feel it should have more contrasted masses, a neat composition and I also catch the bus there three times a day. Jake: Maybe the real street is the alley rather than Main Street. AMENDED MOTION: Donnelley amended his motion to recommend studying the Main Street elevations especially the story and 1/2 massing and looking at the opportunities for making a combination building; second by Joe. All in favor of motion and amended motion. 316 E. HOPKINS AVE. HOWLING WOLF - MINOR Amy: They have brought in the information on the airlock and submitted a drawing. I proposed approving it minus the turn post at the corner and it should be as simple as possible. Roger: What is the problem with the turn posts? Amy: Because it is adding victorian detailing to something that doesn't have to be detailed. It also interferes with the porch. Donnelley: I agree with staff and this is to be considered a temporary addition and those vertical elements should not try and replicate. Paul Levine, owner: We wanted it a very temporary structure but visually pleasing. Donnelley: If you wanted to use half round post that were plain all up and down that would-work. Tom: The airlock will be removable. Stephen Levitt: It will probably be constructed of small little brackets. MOTION: Les made the motion to approve the request to construct an airlock to 316 E. Hopkins Ave. with the conditions that the airlock be as simple as R~ssible and be in place between Nov. 1st and April 15th; second by Roger: All in favor, motion carries. 11