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Home My WebLink AboutLand Use Case.HP.415 E Hopkins Ave.HP-1988-13I=. HP 47 415 E. HOPKINQ, SCULPTURE ~ AND DINING TERRACE 6/de k N - Â»_f U 2 n u o pry,wlf,- -A gliq C in__ 666 H Q - 4 P~ 94 7 5-~ I 114~ ~ f ,<20'=9 031 .6-Ip,ce.E N) A i51-'-22â€¢ idv41Â·Â·'~Fru:*Ap,-4 *4 Z =CYA 1 D V - 1 1 r 0-1 ../f.~1 ./1116<Ly 0>. i 1-- r- <* 3 4 1 7.... -haty g a--,1 4 -1,> 3 2:= te / 1!11111,# ./---- f i 66.2/-Ff-/22 *49*:Ary /4 - 1 ge 9 - 52-4 j gE lt\ ZE 4 Prs!*491: N.ill'11'~ 5Â£4* . 266 '. A E ,\ Se i 2@1 1 -m WiT//4'.*:.risi' 'pt,zÂ·Â·4 : h,- A 252 <9 ,, N h < 1 1Â§ \A 1 , 2 1 / L. '=. 3 : f , 1 1- 1 4 3 i t. Â«Â¥--1 , if,! C 4% b j ,Â·9 C~ : 4 4 i.1 1-,1.. I i & 8- 1 ' 2 9-; . 64 41 J Â· i J 1 0 f 1,1 14 0 f E , 9 -3 , 1 10, t.fl - 4.1 Â«.0-4.4 -2 - --:4* yÂ·. tÂ» J i ~C -1 b ill; 1 1 - 4 1 A Â· ' 5 :A':4 1*z.1-1 4; *1:4 f WIÂ· '16 ' - lawhALEÂ£h./it I. #1...., ../ 4 % 9 1 \. 1. 9 1 1 11 la r ... h. -1 4 -I L 11 1 4 I. 1,1... . J >\ H '2 4.r F '4:' - 2 , -- 1 2 V a ,/4 ' 1 1 '.7.J~ 9407-,7.L: 'i *, 69 ,4)%5~~ C ' 4â€¢/''ly" 5 -0 A â‚¬46/ 244 A. :I 1( 3-1 I : C-.. 1 1 r 3 P,Â·r. f.+i';,4.. .1:.9%?42Â·;6*2'~ ~V7-<- 7: t. . 7,4. j f &.: 5:' II 1 Â©Â·j n 4.- u r rk 21 2 -- + I ... â€¢'.9$ . '~~~%'/ ..4 ' fy *--1/t Â«, 9 1. 11\ t.' Â· J 9/ 7 1 3 3 I 4 4 -3 1 2 6- ; 2 t Â· N f 9 r- 4 l , 1 4 ... Â·' . 4 L :-/f . .... 0-,--Â« 1 - 1 1 1 Ung k. C~' 1 ... ki 1 ' %,} ''h. J f. 4-9 2 P 0 3811 â‚¬ 9-4- i P F C : r 2 1 1 < 3 = , 24 A= b='24+E 3 MAd.1!1: . 1< p i f 9--07 1 -M# 41-fl 7-hur - 38 1SAW SNVId Â·,2806 l Â» iiI 23(1057- 1 0 - , ' 29.6,Â£..=11,1-2.-1.-Ill....2/. 1 1 * 1 , r- 1:1 1, 4... '1 .1 \ 1 1 4Â· 3- . 4 e * ... / . 1 1 -i t- 1 . 0 64 . .... I I - ./ 1 - r 4Â·ir'j Â·4**, 4 - *Il /4 .2 r 2.9....rÂ· .~al-=~=*5uu=,G~*a=11~U~la.h, 4 ,/. -I ' mm"-'mil'Ff , 11, 1~-4 -1 , , 75.0 -0 0 1 MEMORANDUM ~ C j TO: Aspen Historic Preservation Committee / i FROM: Roxanne Eflin, Planning Office , RE: 411 E. Hopkins Ave., Minor Development Amendment Sculpture Garden and Dining Terrace DATE: May 24, 1988 LOCATION: 411 E. Hopkins Ave., Lots E & F, Block 88, Townsite and City of Aspen. Commercial Core Historic Overlay District. APPLICANT'S REQUEST: The applicant is requesting approval of the modifications to the previously approved Sculpture Garden. The principle changes are in the Smuggler Land Office dining terrace located within the Sculpture Garden. The applicant also wishes to extend the length of the awning to cover the new terrace area. This application amends the previously HPC approved development activity which consisted of a minor curved stucco wait station located within the garden area. PREVIOUS HPC ACTION: On February 9, 1988, HPC reviewed and approved a sculpture garden between the historic Brand Building < and the Aspen Jewelry Store. The garden was to be separated from the street and sidewalk by a. 5' tinted concrete wall containing a water element. The intent was to create a unique park-like $/ public space designed to display works of modern sculpture art. The development would improve an existing eyesore vacant lot, yet still leave open space. Additionally, five new trees planted along the sidewalk would serve as a natural landscape buffer. Staff's review of the meeting minutes reflects no discussion of a potential wait station/dining terrace area. The development activity was highly praised by both staff and HPC and was approved unanimously. On March 22, 1988, the applicant returned to HPC with an amendment to the plan, which was approved. The amended plan consisted of a decrease in wall height from 5' to 4', a change in the entrance location and a modification of the overhead waterfall. Staff's memo did not call attention to the wait station, a minor almost temporary structure which was defined in the applicant's plans. Again, the meeting minutes do not reflect discussion of this element of the sculpture garden. On May 10,*1988, the applicant came before HPC, requesting review of the project be added to the agenda. HPC moved to approve adding the item, however, time did not allow this review. Also, staff reported the Planning Office had not had the opportunity to review -the application and memo HPC. The item was tabled to this C meeting. .. Page 2 - 411 E. Hopkins PROCEDURE FOR PROJECT REVIEW: The Planning Office determined this project was more than a minor amendment to the original plan and requested a full application for minor development review be submitted for HPC review. This is a one-step process, with approval based on the proposed development meeting the standards in Sec. 7-601(D) of the Municipal Code. Staff Will be concentrating review comments on the wait station/dining terrace area, as HPC has already approved the amended sculpture garden and wall. DEVELOPMENT REVIEW STANDARDS: STANDARD A: The proposed development is compatible in 8 character with designated historic structures located on the parcel and with development in adjacent parcels when the subject site is in an H, Historic Overlay District or is adjacent to a Historic Landmark. RESPONSE: As the applicant points out, the proposed development will hide from view that rear portion of the Brand Building which is " a hodgepodge of unsightly construction", which screening staff finds desirable to the overall sculpture garden effect. The Commercial Core Historic Overlay District contains many outdoor dining areas, however, this one is very unique in its "artistic" setting. The dining terrace is accessible from the 09 sculpture garden yet is minimal in design. The proposal calls for the awning to be extended to the south 20', proj ecting 10 ' 3" from the Brand Building. The awning has existed along the west wall of the Brand Building serving the dining area for a few years: total length was 29', projecting approximately 9.5' from the building. Total new awning length is 49'. The awning covers approximately 230 sq. ft. The proposed color is dark pine green OR off-white, * which may be preferred to allow more light under the extensive awning/canopy. A representative materials sample will be presented at this meeting. Staff's primary concerns regard the new wait station which has evolved from a minor curved stucco structure into a permanent bar/storage station with back wall. The bar itself measures 18' long, projecting 9' from the Brand Building. A 20'w x 12'h wall is proposed along the east side .of the new awning for support, to screen the passageway into the kitchen area and provide service storage and a bar for the outside dining operation. The proposal introduces a new material for the service wall: 8" log siding which the applicant states is the same siding as the adjacent building to the west of the garden. The siding is to be painted white or stained a light color. The face of .. < Page 3 - 411 E. Hopkins the bar itself would be covered with lx4 T&G beadboard wood siding painted to match the wall. The actual footprint of the construction under the awning is approximately 140 sq. ft. The applicant states that only the awning itself and the surface below the bartop are visible from the sculpture garden and the sidewalk. In staff's opinion, the applicant has not adequately addressed the visual issue of bar area protection from snow in the winter when the awning is removed. Also, the bar wall will be visible from the sidewalk, however, as it serves to block the "hodgepodge" of construction at the rear of the Brand Building, this may be preferred. In our opinion the proposed development is compatible in character with the adjacent buildings and is a pleasant addition to the public-oriented sculpture garden. The construction materials (canvas and wood) are compatible with the space and adjacent buildings. Staff is concerned that the overall appearance of a 12' high wall, 20' in length constructed Of 8 " log siding presents a very dominant effect in an otherwise quiet element of the < sculpture garden. STANDARD B: The proposed development reflects and is consistent with the character of the neighborhood of the '4 parcel proposed for development. RESPONSE: The Commercial Core Historic Overlay District contains a nuniber of outdoor dining areas. The Smuggler Land Office restaurant has served in this area for a number of years and the proposed development makes more permanent this dining area. The canvas and wood materials and simple construction are preferred over an elaborate structure which may detract from the historic architectural features of the adjacent Brand Building. STANDARD C: The proposed development enhances or does not detract from the cultural value of designated historic structures located on the parcel proposed for development or adjacent parcels. RESPONSE: The question lies: Does the proposed development negatively impact the aesthetic and cultural concept of the sculpture garden? Staff finds the development to be quite different in nature than what HPC previously approved. The dining and landscape features remain basically the same , yet the large permanence of the combination wall/ bar/extended awning may encroach visually into a "by-design" quiet artistic garden. On the other hand, the very activity of .. Page 4 - 411 E. Hopkins outdoor dining in a downtown setting is fun and may, in fact, assist in bringing attention to the sculpture garden area. STANDARD D: The proposed development enhances or does not diminish or detract from the architectural integrity of a designated historic structure or part thereof. RESPONSE: Staff finds that the proposed development does not detract from the integrity of the adjacent Brand Building; the dining terrace/bar area is basic in design and does not compete with the primary facade or that of the sculpture garden wall. The landscaping proposed will definitely soften the development and enhance the entire block, in our opinion. RECOMMENDATION: .The Planning Office recommends approval of the minor development application for 411 E. Hopkins subject to HPC's approval of a visually acceptable winter covering for the bar area. HPC.memo.411EH . .. MESSAGE DISPLAY TO Roxanne Eflin From: Steve Burstein Postmark: May 10,88 2:13 PM Subject: Reply to: The Sculpture Garden and Wait Station Reply text: From Steve Burstein: You can tell HPC that there is a zoning question about whether this structure is an accessory or commercial. Staff is working with the restaurant owner to resolve this matter. It does not affect HPC's review of minor development within the Commercial Core Historic Overlay District. Preceding message: From Roxanne Eflin: Do I need to know what was accomplished with Colombo in your meeting before the HPC meeting today? Has anything been resolved? Should this issue be mentioned to the HPC today if in fact they get into reviewing this project today? .. MESSAGE DISPLAY TO Roxanne Eflin From: Tom Baker Postmark: May 23,88 8:30 AM Subject: Reply to: The infamous Sculpture Garden/Dining Terrace Reply text: From Tom Baker: IT IS MY UNDERSTANDING THAT THEY HAVE CHANGED THE PLAN TO CANVAS PANELS INSTEAD OF LOG WALLS. I ASKED JIM COLOMBO TO UPDATE YOU BEFORE THE MEETING. Preceding message: From Roxanne Eflin: ' My HPC memo is complete and I have not included any comments regarding the zoning/planning aspect of the dining terrace. HPC is reviewing this project for design alone. It would be helpful for them, I feel, if the additional Planning Office concerns regarding the wall/dining activity were mentioned. Please let me know prior to my meeting of 5-24, and I can report verbally one way or the other. .. .. ExhibiLA Attachment to ILPC Application submittod 5/4/88 To Roxanne Description of Proposed Development Activity This application requests a modification to the original application for a sculpture garden with adjoining Smuggler Land Office dining terrace which was presented to and approved by the HPC on 3/22/88. A curved, permanent service structure faced with stucco was partof the approved application. The restaurant presently is leasing space inside the Brand Building and adjoining , outside space for summer operation. The total area of the new exterior restaurant terrace is smaller than the previously leased exterior space that has operated continuously as a restaurant for the last 5 years. The restaurant owner, Tim Courell deikeslo-extend -theexiating awning 20' to the sbuth' and adjacent to the Brand Building(120'w. x12'11. frame waltis proposed along the eastf side of the new awning to support the awning, screen tne unsightly passageway into the kitchen area and provide service storage and bar for the outside dining operationt The awning covers an area of approximately 230sf. The actual footprint of construction under the awning is approximately l,[Osf. The awning itself would either be the same color as the existing adjacent awning or off-white so as to allow more daylight to penetrate into the space under the awning. The back wall/storage/bar supporting the awning would be covered with the same siding--- painted or stained white or a light color--- used on the fascia o f the store adjoining the west side of the Sculpture Garden. The face of the bar itself would be covered with lx4 T&G beadboard wood siding also painted white or alight color. It is important to note that only the awning itself and the surface below the bartop are visible from the sculpture garden and sidewalk. The rest of the construction occurs deep under the awning and will be blocked by the existing awning and the bar. Effect of Proposed Development The new awning is an extension of the existing adjoining Smuggler awning. The service/storage/bar structure under the awning, although hidden by the awning, uses similar wood siding to the adjacent Furniture store building. The visual impact of this proposed modification is in all ways less than the curved stucco structure that has already received approval by the HPC. The proposed modification enhances the overall area in which it is to be constructed by blocking views of an elevation of the Brand Building that is an hodgepodge of unsightly construction. An existing eyesore will be replaced by a unified extention of an existing awning structure that was approved by the HPC before it was constructed. fk- 4 -[fa ald-- fk-/,L--- 9 41*g 1 .. 9 COLOmBO P.O. BOX 1206 ASPEN, CO 81612 303 925-7806 May 13,1988 City of Aspen Planning Department Atten. Alan Richman-Planning Director Fred Gannet- Assit. City Attorney Tom Baker- City Planner 130 S. Galena St. Aspen, CO 81611 Re: Smuggler Land Office- outdoor restaurant Alan, Fred, Tom: In follow-up to your request for addditional information regarding the operation and scope of the proposed outdoor facilities for the Smuggler Land Office Restaurant I submit the following for your review: Item: Descrintion and SCODe of Progosed Outside Operation. Previous use of the external area in question by the Smugler Land Office Restaurant has consisted of lunch and dinner seating of approximately 50-60 seats in total. The structures used in the past have included dining tables and chairs, a waitress station, an overhead owning- all of these structures were utilized over a brick and concrete patio. Landscaping and lighting systems supplemented these structures. Previous hours of operation were from 11:30 am to 9:00 pm, Monday through Sunday. This constituted lunch and dinner service. Food was supplied from the existing inteMor kitchen and alcoholic beverages from the existing interior bar. During this time the existing interior operation remained open during its normal operating hours of: 11:00am to 2:00 am Monday through Saturday, end 11:00am to 12:00pm on Sundays. .. The previous use was in operation on o seasonal basis from approximately June - September. Daily and even lunch to dinner use was subject to weather conditions. (approximately 40% of the useable hours have as an average been abandoned because of weather conditions). When the previous use was in operation, the indoor use-both dining and bar service also operated. (dining was limited by the ability of the smoll kitchen facility to serve a greater capacity than its maximum indoor seating ability of approximately 75-80 seots. Therefore, in general a combination of indoor and outdoor seating never exceeded this number.) The ProDosed Use of the external area in question by thge Smuggler Land Office Restaurant will consist of lunch and dinner seating of approximately 50 seats in dining table arrangement and approximately 10 seats at an oyster bar facility. The structures to be used will be dining tables and chairs, an oyster/alcoholic beverage bar, bar stools and an overhead owning- all of these structures will be utilized over a concrete patio. Landscaping and lighting systems will supplement these structures. The proposed hours of operation will be from 11.30 am to approx. 9:00pm, Monday though Sunday. This constitutes lunch and dinner service. Food will be supplied from the existing inteMor kitchen. Oysters will be grilled and served at the outdoor oyster bar. Alcoholic beverages will be served from the outdoor ouster bar and the existing interior bar. (The outdoor oyster bar will serve basic well drinks, daquaris and some bottled beer, all other alcoholic beverages will be supplied from the existing interior bar. All alcoholic items and serving equipment will be stocked in the oyster bar each morning and removed after serving hours each days.) The existing inteMor restaurant facility will retain it normal hours of operation: 11:00 am to 2:00 am Monday-Saturday and 11:00 am to 12:00pm on Sundays. The proposed use of the operatin is on a seasonal basis from approximately June- September. Daily and even lunch to dinner use will be subject to weather conditions. (lt is anticipated that approimately 40% of the useable hours will as an average be abandoned because of weather conditions). .. When the proposed use is in operation, the indoor use- both dining and bar service will also be operated. C dining will be limited by the ability of the small kitchen faciltiy to serve a greater capacity than its maximum indoolr seating ability of approximately 75-80 seats. Therefore, in general a combination of indoor and outdoor seating will never exceed this number.) Summary Given the description and scope of the proposed service and facilities, it is my opinion that the proposed external operation cannot function without the primary use and facilities of the existing internal operation. Therefore I submit this new proposal to be subordinate and accessory to the primary principle use and facilities of the existing use and structures. â€¢ 1/ I. A 0 MEMORANDUM TO: Aspen Historic Preservation Committee FROM: Steve Burstein, PlanningOffice RE: Amendment to Approved Plan:Sculpture Garden on E. Hopkins DATE: March 22, 1988 Architect Bill Lipsey has made some fairly minor changes to the Sculpture Garden wall which was approved by HPC on February 8,1 1988. Height of the wall has decreased from 5 feet to 4 feet. The entrance has been moved to the far west corner, closest to the Aspen Jeweler's Building. And the over-head water fall has been modified. Staff finds the changes to be appropriate, having no greater impact on the character of the Commercial Core Historic District than the approved plan. RECOMMENDATION: Staff recommends approval of the amended plan as presented. e - - - 64 /1. 21 f 4 0 1 Â·%226 < ~ 17 kir- rz42. ./. 1 7 lunall - bki : 4Cy. , 1 L A . .41813/5:1- 1 f'AV - /2, , 4-1 * *2Â· 3 ~ LÂ» 716% 51 -V/1 h-/7 711\ fi . BAA, 1 .-"lit= --------1 I , . â€¢,1.!LI - 44;4 2 I 5~59 ~I-I/7/1 1A l.te. i. F ,~ 111 . d.\4./. Â·-1'.1 -:. im '0, u-' /Mci/1,1 i It L....Ii Â£.-L...11 U h 9 Â° :cltit Â° 4 . -orac riaer - -le-US. WALLÂ· Â·15-10 toâ€¢rr â‚¬.APLot Â·r,NT- r.kl,>0 . 9 MA - V*/ Z. 81 8 7 \:A t= 1,618 9-47 - S r.a &974 ~f, 191 1 FI. 141 \>1, .*23 121 ..I-Ji T -p -71-13 .>R 1 1 < . (44 APPLICATION FOR HISTORIC PRESERVATION COMMITTEE DEVELOPM~~-REVIEW -- Applicant's Name and Address: Laura Donnelley 2350 McLain Flats Road Aspen, CO 81611 Proof of Ownership: Statement of Applicant's Interest in Property if not owner: Property Address, Legal Description and Name: Lots E&F Block 88 City of Aspen Type of Review (Minor or Significant): Minor Description of Proposed Development Activity, including but not limited to: architectural elements effected, additional square footage (if applicable), height, building materials and illumina- tion: The development consists of a sculpture garden enclosed by the Brand Building to the East, the old Aspen Jewelry Store to Ule W=L, cual Ed:,L Hupkiub Sl-LeeL Lu Ute South. The bmuggler Land Office will have a paved terrace enfronti ng the garden. The garripn is separated from the street and sidewalk by a 5' high concrete wall. Tl-ic uuiiuit:Le will be Linted with plgment. An entry gate to the garden will contain a water element. Statement of the Effect of the Proposed Development on the 1 Original Design of Structure (if applicable) and/or Character of the Neighborhood, and why the Proposed Development meets the Review Standards of Section 24-9.4(d) (pertaining to compati- bility in character of historic landmarks on the site, consis- tency with character of the neighborhood, and whether it enhances or detracts from the cultural value or architectural integrity of the structure) : The deve I~bment results inupgrading of an existing vacant lot into a sculpturegarden open to the public. The existing sidewalk will bc replauud ky cr Alcw Ulle bilitilcU Lu Ute new une in front of the Brand Building. In addition a'new row of shade trees will be added along the curb. The new wall will be of a sandblasted texture and warm color compatible wil.1-i Uit= cicl juining bl-Lucluies. An existing eyesore will be cleaned up and turned into a park where the best art available will be madeaccessable to the public. Any other City Approvals needed by Applicant, such as encroach- ment licence, GMP or Special Review: City Engineering Dept. Approval for sidewalk and curb SB.APP buomincea to KoxanI-le ~ for placement on HPC agenda 5/4/88. REQUEST FOR MODIFICATION OF EXISTING HPC APPROVAL APPLICATION FOR HISTORIC PRESERVATION COMMITTEE DEVELOPMENT REVIEW Applicant's Name and Address: Laura Donnelley 2350 McLain Flats Road Aspen, CO 81611 Proof of Ownership: On record w/suk:~mittal of 3/27/88 Statement of Applicant's Interest in Property if not owner: Owner's agent Property Address, Legal Description and Name: Lots E & F Block 88 City of Aspen Type of Review (Minor or Significant): Minor Description of Proposed Development Activity, including but not limited to: architectural elements effected, additional square footage (if applicable), height, building materials and illumina- tion: See attached Exhibit A Statement of the Effect of the Proposed Development on the Original Design of Structure (if applicable) and/or Character of the Neighborhood, and why the Proposed Development meets the Review Standards of Section 24-9.4(d) (pertaining to compati- bility in character of historic landmarks on the site, consis- tency with character of the neighborhood, and whether it enhances or detracts from the cultural value or architectural integrity of the structure): See attached Exhibit. A Any other City Approvals needed by Applicant, such as encroach- ment licence, GMP or Special Review: Possible planni ng dept. review regarding lise and hili lrling Appt rpvi Pr,7 regarding service unit. SB.APP .. /l Exhibit A Attachment to RPC Application submitted 5/4/88 To Roxanne Description of Proposed Development Activity This application requests a modification to the original application for a sculpture garden with adjoining Smuggler Land Office dining terrace which was presented to and approved by the HPC on 3/22/88. A curved, permanent service structure faced with stucco was part of the approved application. The restaurant presently is leasing space inside the Brand Building and adjoining , outside space for summer operation. The total area of the new exterior restaurant terrace is smaller than the previously leased exterior space that has operated continuously as a restaurant for the last 3 years. The restaurant owner, Tim Cottrell desires to extend the existing awning 20' to the south and adjacent to the Brand Building. A 20'w. x12'h. frame wall is proposed along the east side of the new awning to support the awning, screen the unsightly passageway into the kitchen area and provide service storage and bar for the outside dining operation. The awning covers an area of approximately 230sf. The actual footprint of construction under the awning is approximately 140sf. The awning itself would either be the same color as the existing adjacent awning or off-white so as to allow more daylight to penetrate into the space under the awning. The back wall/storage/bar supporting the awning would be covered with the same siding--- painted or stained white or a light color--- used on the fascia of the store adjoining the west side of the Sculpture Garden. The face of the bar itself would be covered with lx4 T&G beadboard wood siding also painted white or a light color. It is important to note that only the awning itself and the surface below the bartop are visible from the sculpture garden and sidewalk. The rest of the construction occurs deep under the awning and will be blocked by the existing awning and the bar. Effect of Proposed Development The new awning is an extension of the existing adjoining Smuggler awning. The - ~ ~ service/storage/bar structure under the awning, although hidden by the awning, uses similar wood siding to the adjacent Furniture store building. The visual impact of this proposed modification is in all ways less than the curved stucco structure that has already received approval by the HPC. The proposed modification enhances the overall area in which it is to be constructed by blocking views of an elevation of the Brand Building that is an hodgepodge of unsightly construction. An existing eyesore will be replaced by a unified extention of an existing awning structure that was approved by the HPC before it was constructed. .. October 4, 1987 1: To whom it may concern, Bill Lipsey will be acting in my behalf in several matters concerning improvements to .. the former Alpine Jewelers building and adjacent lots. Specifically, he will handlt details and the application to the His- toric Preservation Committee on October 13th. Respectfully, Laura Donnelley t , Laura Donnelley Box 589, Aspen, Colorado 81612 Phone: (303) 925-3287 0 ~.S.r'(-1 Â·i,ti,iii No. Relt,Illci. 11/Ict| :11, 11'chick M.. . DOOK J'11) IngE /17 WARRANTY DEED 29289 U Kurt Dresnitz and Intte Bresilitz (il:,ilt,1,1,1 SILVIA DAVIS t r#kIN CITY REOORDER "It{'SE â€ž(Illillss is 1650 Ilctiest:Â£112 I.)12. Astoeti, CO 81611 44, tm troll , St:tte-Â·of- Sir l5 2 49 fN '81 , hll- tile t'<lit.si(|ci:ttillil (11 and other valuable congirleration - TEN - dollatt in filind p;hd,-Itcieby sell(.s) ' Mid conve) (s) to Laura Doluielley whose legal aildiess is %3069<51Ui.*MXK:Wi:ttljiMAXECK r.0. BOX 589 Aspeii, CO :e<DED<IX 8 1 6 1 2 â‚¬ettlity-Â¢Â¥11- , ;md-Ht.ttcol- Ilic lollowing teal pic,licily iii Mic Colinty 01 Pitkin , :11'd Slate 01 Coll 11 :1(1(1,10 Wit: Lots D, E and F, Block 88, City and 'lbwnsite of Aspen, Excepting Unrefran the Southerly 20 feet of Ints D Euid E, Block 88, City and Townsite of Aspen, Coutity of Pitkin State of Colorado STATE DOCUMENTARY 1-Iii 1 -li :,1 l' 1519(lf ~ ilsm known by slicet and ititi,ilici- as 406 E. Ibpkins Ave. , Aspen, CO 81611 with :111 its apputlett:inces, and watialit(s) tile title 10 Ilte s:ttite. subied to general real estate taxes for 1987; and those reservations, exceptions, easements and restrictions set forth iIi Exhibit A attached hereto. - ZA Signed this //6 dity of Septeinber . C) 87 , i--)---- -r- """ . .5 -' A 'A': 7 Â·:..1'.Â·Â· ' - - 1 1,4,L_l. kfâ‚¬;22<I). __2-3636' KEE--Br@si-iitÂ£,h / /. r /1 \ li /7,/...5, . , .. .- Lotte Bresititz -- : 6 1 f Vi l) \\ 5,6 . 441- *..:*2,4 VA '* ' STATE 01: COLORADO. 1 SS. Colmly 01 Pitkiti The [citeguing instiument was acknowledged beli,te me in the Counly 01 Pitkil) State 01 Colorado. this /j ' C day of Septeliter . 1987 . by Kurt Bresnitz and Lotte Bresnitz. My e,)111111ission expires , Wilties) iny hanil ;i~ld oj~int seal. Vincent J. Higono/Notary Public . dmad t My Commlmion expires 12/26/90. 001 E. Hopkins N.,1:,1 y N lie A,pen, Colorndo 81611 Cj Ad,lic. 'll in lkÂ· itirt. itiscit "City mid." i. 897. Itri. 5.1,1. 1~Altlt 'UNII Â¥ In'1.11 (slwit li,im, Iti;idli,1,11411Â·Ii'.1,i,11Â·. 5835 W f,th Air..1 :it.rnâ€¢.int, COROMI (lin).'116'llx) 1 R.i @Â·/i h 34 .. . uouic 546 'AGE 48 EXHIBIT A TO WARRANTY DEED 1. Reservations and exceptions as contained in the Deed from the City of Aspen providing as follows; that no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws; and subject to all the conditions, limitations and restrictions ' contained in Section 2386 of the Revised Statutes of the United States in Deed recorded iii Book 79 at Page 32. 2. Terms, conditions a Iici agreements as contained in instrument recorded in Book 239 at Page 436. 3. Easement over the Southerly 7.0 feet of the Easterly 10.0 feet of Lot F, Block 88, City and Townsite of Aspen, as set forth in Decree recorded June 20, 1979 in Book 371 at Page 85. t .. i Iguiyers Title Insurance Corporation National Headquarters - Richmond, Virginia Policy Number 85 - 00 - 882742 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF * ~THE CONDILIONS AND STIPULATIONS HEREOF, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Conipany, insures, as of Date of Policy stiown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otlierwise tlian as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land: or 4. Unmarketability of such title. IN WITNESS WHEREOF the Company has caused this policy to be signed and sealed, to be valid when Schedule A is countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. Imu>pers 11(le InsurÂ£jre Grporation Flobe- C . ou a n ~* . President Attest: 40 0 1- Secretary. 1 1 EXCLUSIONS FROM COVERAGE Jllowing matters are expressly excluded from the coverage of this policy: ) Governmental police power. ) Any law, ordinance or governmental regulation relating to environmental protection. 1 Any law, ordinance or governmental regulation (including but not limited to building and zoning ordiriances) restricting or regulating prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or 3 re after erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of hich the land is or was a part. ) The effect of any violation of the matters excluded under (a), (b), or (c) above, unless notice of a defect, lien or encumbrance resulting om a violation has been recorded at Date of Policy in those records in which under state statutes deeds. mortgages, lis pendens, liens or her title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knovyledge; ovidÂ¢xi, however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or cal environmental protection, zoning, building, health or public safety authorities. glits of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. elects, liens, encumbrances. adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant: (b) not Iown to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such aimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to e date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or eated subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had Iid value for the estate or interest insured by this policy. CONDITIONS AND STIPULATIONS ition of Terms (c) The Company shall have the right at its own cost to institute and Ilowing terms when used in this policy mean: without undue delay prosecute any action or proceeding or to do any sured": the insured named in Schedule A, and, subject lo any other act which in its opinion may be necessary or desirable to defenses the Company may have had against the named establish the title to the estate or interest as insured, and the Company those who succeed to the interest of such insured byoperation may take any appropriate action under the terms of this policy, s distinguished from purchase including. but not limited to, whether or not it shall be liable thereunder, and shall not thereby stributees, devisees, survivors, personal representatives, next concede liability or waive any provision of this policy. corporate or fiduciary successors. (d) Whenever the Company, shall have brought any action or isured claimant": an insured claiming loss or damage interposed a defense as required or permitted by tile provision of this 0. r. policy, the Company may pursue any such litigation to final iowledge": actual knowledge, not constructive knowledge or determination by a court of competent jurisdiction and expressly hich may be. imputed to an insured by reason of any public reserves tile right, in its sole discretion, to appeal from any adverse judgment or order. nid": the land described, specifically or by reference in (e) In all cases where this policy permits or requires the Company to 3 A, and improvements affixed thereto which by law constitute prosecute or provide for the delense of any action or proceeding, the ,erty; provided, however, the term "land" does not include any insured hereunder shall secure to the Company tile right to so beyond the lines of the area specifically described or referred prosecute or provide defense iii such action or proceeding, andÂ· all iedule A, nor atiy right, title, interest, estate or easement in appeals therein, and permit tile Company to use, at its option, the streets, roads, avenues, alleys, lanes, ways or waterwaYs. but name of such insured for sitch purpose. Whenever requested by the herein shall modify or limit the extent to which a right of Company, such insured shall give tile Company all reasonable aid in 1 and from the land is insured by this policy. any such action or proceeding, in effecting settlement, securing ortgage': mortgage, deed or trust, trust deed, or other evidence, obtaining witnesses. or prosecuting or defending sucll action instrument. or proceeding, and the Company shall reimburse such insured for any blic records": those records which by law impart constructive expense so incurred. matters relating to said land. 4. Notice of Loss-Umitation of Action nuation of Insurance after Conveyance of Title In addition to the notices required under paragraph 3(b) of these iverage of this policy shall continue in force as of Date of Policy Conditions and Stipulations, a statement in writing of any loss or of an insured so long as such insured retains an estate or damage for which it is claimed the Company is liable under this policy in the land, or holds an indebtedness secured by a purchase shall be furnished to the Company within 90 days after such loss or iortgage given by a purchaser from such insured, or so long as damage shall have been determined and no right of action shall accrue ured shall have liability by reason of covenants of warranty to an insured claimant until 30 days after such statement shall have such insured in any transfer or conveyance of such estate or been furnished. Failure to furnish such statement of loss or damage provided, however, this policy shall not continue in force in shall terminate any liability of the Company under this policy as to such any purchaser from such insured of either said estate or loss or damage. or IIie indebtedness secured by a purchase motiey mortgage such insured. 5. Options to Pay or Otherwise Settle Claims tire and Prosecution of Actions-Notico of Claim to be The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against or to an Insured Claimant terminate all liability and obligations of the Cornpany hereunder by 3 Company, at its own cost and without undue delay, shall paying or tendering payment of the ainount of insurance under this for tile defense of an insured in all litigation consisting of policy together with any costs, attorneys' fees and expenses incurred ir proceedings commenced against such insured or a defense up to the time of such payment or tender of payment. by the insured .d against an insured in an action to enforce a contract for a claimant and authorized by the Company. tile estate or interest in said land. to the extent that such is founded upon an alleged defect lien, encumbrance, or itter insured against by this policy. 3 insured shall notify the Company promptly in writing (i) in 6. Determination and Payment of Loss action or proceeding is begun or defense is interposed as set (a) The liability of the Company under this policy shall in no case (a) above, (ii) in case knowledge shall come to an insured exceed the least of: er of any claim of title or interest which is adverse to the title (i) tile actual loss of the insured claimant; or state or interest. as insured. and which might cause loss or (ii) the amount of insurance stated in Schedule A. for which the Company may be liable by virtue of this policy, or (b) The Company will pay, in addition to any loss insured against by itle to the estate or interest, as insured. is rejected as this policy, all costs imposed upon an insured in litigation carried on by table. If such prompt notice shall not be given to the Company, the Company for such insured. and all costs, attorneys' fees and to such insured all liability of the Company shall cease and expenses in litigation carried on by such insured with the written e in regard to tile inatter or matters for which such prompt authorization of the Company. rermired: provided. however. that failure to notify shall in no (c) When liability has been definitely fixed iii accotdonce with the indice the rights of any such insured under this policy unless cnnrlitinng nf thiq nnlirv Iho Incq or rl,marlo ellall ho navahln wi,t.in 'ln .. CONDITIONS AND STIPULATIONS-CONTINUED mon of Liability 11. Subrogation Upon Payment or Settlement iin sliall arise or be maintainable under this policy (a) if the Whenever tlie Company shall have settled a claitn under this policy, all after having received notice of an alleged defect, lien or right of subrogation shall vest in the Company unaffected byany actol the :ince insured agninst hereunder. by litigation orÂ· otherwise, insured claimant. The Coinpany sliall be subrogated to and be entitled to Slicli defect, lien or encumbrance or establishes the title, as all rights and remedies whicli such innured clairnant wotild have I,nd will,in a reasoll;iDle tifne alter receipt of such notice: (b) in tlie agairist any person or ptopeity in tr!51,nct tocuchclÂ·littilindtl,Inimlicy,int liticiation tmtiltliern lins Imena firial determination by a court of been issued, and if requested by tlie Conipany, Sucll irist,recl Cloittintit at pirisdiction, and disposition of all appeals therefrom, adverse shall tronster to the Company all rights and reinedies against any person 0, asinsured. asprovidedinparagrapli31~ereol:or (c) for liability or property necessary in order to perlect such right of subrogation and ty assumed by an insured iii settling any claim or suit without shall permit the Cornpany touse tlie name of such i risured claifiwint in any I ten consent of the Company. transactiori or litigation involving such rights or retnedies. If thepay,nent does not cover the loss of such irisured claimant, the Company shall be tion of liability subrogated to sucti rights and remedies in the proportion which snid vinents under this poliCy, except payments made for costs, pay nle fit bears to tile amount of said loss. If loss should result from any lees and expenses. shall reduce {lie amount of Die insurance act of such insured claimant, such act shall not void this policy, but the , No payment shall be made without producing this policy for Company, in that event. shall be required to pay only that part of any uent of such payinent unless the policy be lost or destroyed, in losses insured agairist hereunder which shall exceed theamount, if any, ise proof of such loss or destruction shall be furnished to the lost to the Cornpany be reason of the impairment of the right 01 oil of the Coinpany. subrogation. ltv Noticurnulative 'pressly understood that the arnount of insurance under this ;ill be reduced by any amount tile Company may pay under any .tHing eitlier (a) o mortgage shown or referred to in Schedule B 12. Liability Limited to this Policy litch is a lienon tileestateorinterest coveredby thispolicy,cr(b) TIii s instrument together with all endorsements and other instruments, le lierealler executed by an insured which is a charge or lien on If any, attached hereto by the Company is the entire policy and cori tract ie or interest described or referred to in Schedule A, and the between the insured and the Company. so paid shall be deemed a payment under this policy. The Any claim of loss or damage, whether or not based on negligence, and .. shall have the option to apply to the payment of any such whicli arises out of the status of ttie title totheestate or interest covered â€¢s anY al,ioittitthat otherwise wouldbepayable hereundertothe hereby or any action asserting such claim, shall be restricted to the Â·iwrier of the estate or interest covered by this policy and the provisions and conditions and stipulations of this policy, '.0 paid shall be deented a payment under this policy to said Noamendinent of or endorsement to this policycan be made exceptby iwiler writing endorsed hereon or attached hereto signed by either the President, a Vice President. the Secretary, an Assistant Secretary, or grtionment validating officer or authorized signatory of the Company. land described in Schedule A consists of two or more parcels ,Â·not used as a single site, anda loss isestablishedaffectingone 4 said parce Isbut notall. theloss shaM be computedandsettled rota basis as il the amount of insurance under this policy Yves rorataastotlievalue on Date of Policyof eacliseparateparcelto le, exclusive of any iniprovements made subsequent to Date of 13. Notices, Where Sent nless a liability or value has otherwise been agreed upon as to All notices required to be given the Company arid any stateinent in h parcel by the Compariy and the insured at th,e time of the writing required to be furnished tile Company sliall include tile number of of this policy and shown by an express statein,enthereinor by an this policy and shrill be addressed to its Corporate Headquarters, 6630 tietit attactied licreto. West Broad Street, Riclitnond, Virginia, mailing address: P.O. Box 27567, Richmond, Virginia 23261. Igwyers Die Insurance Grporation National Ileadquarters - Richmond, Virginia [.Â·' 'Dâ€¢' 1 ,â€¢,4U lÂ·' 1â€¢Uâ€¢ Â·,1 â€ž1,1 . "11,1,0/1, ',PU FULICY 3 County , 6 Rate Atile 9 Additional Chains , S $ )0Â·-882742 A ' 097 1,250,000.00 2,407.00 01 09/15/87. 2 3 4 5 6 7 8 9 iyers Title lusuratice Grporation OWNER'S POLICY Schedule A ASE NUMBER DAIE OF POLICY AMOUN[ OF INSURANCE PoliCY NUMHEN [HE POLICY NUMBER SHOWN - ON THIS SCHEDULE MUSI 705-87 SEPTEMBER 15,1987 $!,250,000.00 AGREE WITH THE PllEPHINTED~ 85-00-882742 -- @ 2:50 P.M. ' NUMBERONTHECOVERSHEET me of Insured: ,URA DONNELLEY : estate or ititerest in the land described herein and which is covered by this policy is: i FEE SIMPLE :. estate or interest referred to herein is at Date of Policy vested in: \UAR DONNELLEY g land referred to in this policy is described as follows: )TS D, E AND F, LOCK 88, [TY AND TOWNSITE OF ASPEN, XCEPTING therefrom the Southerly 20 feet of Lots D and E, BLOCK 88, tty and Townsite of aspen, OUNTY OF PITKIN, rATE OF COLORADO. ~1]N~iÂ»C. Pitkin County Title, Inc. 601 E. Hopkins (303)925-1766 41 ASDen, Colorado 81611 ~~ ~ ~. 1,97,~,â€¢i,i.itiâ€ž~ Aâ€ž, i,0, I ,â€žc, Oâ€ž:re, li, Atilin| lisued at (Loc,11,0.1 illoyelri 'lille 1116Ulatice (D-~~atiOn Â· ~ OWNER'S POLICY CASE NUMBER DATE OF POLICY THE POLICY NUMBER SHOWN O N 1 H IS SCHEDULE ~ POLICY NUMBER MUST AGREE WITH THE PREPRINTED NUMBER 'CT-705-87 SEPT. 15, 1987 ON THE COVER SHEET 85-00-882742 Schedule B his Policy does riot insure against loss or damage by reason of the following: flights or clairns of parties in possession not shown by the public records. Easements, or claims of easements, not shown by the public record. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, andany facts whicha correctsurveyandinspection of the premises would disclose and which are not shown by the public records. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Unpatented mining claims; reservations or exceptions in patents or in Act authorizing the issuance thereof; water rights. claims or title to water. Taxes for 1987 not yet due or payable. 1. Reservations and exceptions as contained in the Deed from the City of Aspen providing as follows; that no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws; and subject to all the conditions, limitations and restrictions contained in Section 2386 of the Revised Statutes of the United States in Deed recorded in Book 79 at Page 32. 8. Terms, conditions and agreements as contained in instrument recorded in Book 239 at Page 436. 1. Easement of the Southerly 7.0 feet of the easterly 10.0 feet of Lot F, Block 88, City and Townsite of Aspen, as set forth in Decree recorded June 20, 1979 in Book 371 at Page 85. Â·- EXCEPTIONS NUMBERED 1, 2, 3 and 4 ARE HEREBY OMITTED. 1:v 85 Rocky ME Rev. 2.79) Litho in U.S.A. --- LEASE THIS LEASE made as of June 1, 1984 between KURT ,, BRESNITZ and LOTTE BRESNITZ, as Landlord, and SMUGGLER LAND ~ OFFICE, LTD., as Tenant. WITNESSETH: 1. Lease of Premises. Landlord leases to Tenant, and Tenant leases from Landlord, that portion of Lots g and Ff , Block 88 , City and Townsite of Aspen, Pitkin County, Colorado, as shown on Exhibit A attached hereto, herein called the Premises. 2. Term. This Lease shall commence June 1, 1984 and shall terminate on September 30, 1984. 3. Renewal Option. Provided Tonant is not in default under the provisions of this Lease, Tenant shall have the right and option to renew this Lease for four successive renewal terms upon the same provisions and at the same rent as' provided for herein, as follows: First Renewal Term - June 1, 1985 to September 30, 1985 Second Renewal Term - June 1, 1986 to September 30, 1986 Third Renewal Term - June 1, 1987 to September 30, 1987 I , Fourth Renewal Term - June 1, 1988 to September 30, 1988 by giving written notice of the exercise of such option on or before April 1 of each such year. In the event such option is not so exercised by Tenant, then this Lease, and all future renewal options provided for herein, shall automatically terminate and be of no further force or effect. 4. Enlargement of Term. Tenant may, at Tenant's option, enlarge the term of this Lease, or of any renewal term hereof, by including in such term the month of May (or any portion thereof) preceding such term and/or by including in such term the month of October (or any portion thereof) following such term. This option shall be exercisable by written notice given by Tenant to Landlord prior to any such enlargemenâ‚¬ of the term. 5. Rent. The rent for the term of this Lease shall be at the rate of $450.00 per month. The rent shall be payable in advance on or before â‚¬he first day of each month during such term. In the event Tenant shall enlarge the term of this Lease as provided for in Paragraph 4 above, the rent for the period of such enlhrgement shall be prorated; i.e., at the rate of $15.00 per day, and shall be payable in advance on or before the e commencement of the period of : enlargement. . f 6. Use of Premises. Tenant shall use the Premises for the operation of an outdoor restaurant, including the- sale of alcoholic beverages, and for no other purpose without Landlord's prior written consent, and in connection therewith, Tenant shall comply with the rules, regulations, ordinances and statutes of any governmental authority having jurisdiction over the Premises or over the business being conducted thereon. Tenant shall not permit anything to be done on the Premises tending to create a nuisance or to disturb adjoining property owners. . 7. Acceptance of Premises. The Premises are in an unimproved condition and Tenant accepts the Premises in such condition. 8. Alterations and Improvements. Tenant shall have the right, at Tenant's sole cost, to install the following improvements to the Premises: (a) To construct a 9-1/2' X 29' patio along the east side of the Premises and to install an awning over the patio. (b) To install flower beds and landscaping in the center of the Premises and construct a fence around the same. Tenant shall make no other alterations or improvements to the Premises without the prior written consent of Landlord. Tenant shall promptly pay for all alterations and improvements placed upon the Premises by Tenant and Tenant shall not cause or permit any mechanic's lien to be filed against the Premises by reason thereof. 9. Maintenance. Tenant shall, at Tenant's sole cost, maintain the Premises in a neat and orderly condition and state of repair and in accordance with good housekeeping practices. Tenant shall further maintain the sidewalk adjacent to the Premises on a year-around basis, including, but not by way of limitation, the removal of snow and ice therefrom during the winter season. 10. Taxes. Landlord shall pay all real estate taxes lawfully assessed against the Premises. Tenant shall pay all personal property taxes and other taxes lawfully assessed by reason of Tenant's use and occupancy of the Premises. 11. Utilities. The Premises are not presently serviced by any utilities. Tenant shall, at Tenant's sole cost, furnish any utilities which may be used by Tenant upon or in connection with the Premises. 12. Tenant's Personal Property. All personal property g and trade fixtures placed upon the Premises by Tenant shall p.,-,R be at Tenant's sole risk, and Landlord shall not be liable 4 for damage to or loss of such personal property or trade 3\El# fixtures from any cause whatsbever, except the acts or ~ Â·464 neglects of Landlord. Â¢1+ .. 13. Indemnification of Landlord. Tenant shall save Landlord harmless from any liabilities for injury to any persons or damage to any property on or about tlie Premises from any cause whatsoever. Tenant shall procure, at Tenant's sole cost, public liability insurance for the benefit of Tenant and Landlord (with Landlord named as a co-insured) with limits of not less than $300,000.00 for injury or death to any one person and not less than $500,000.00 for injury to death of more than one person resulting from one occurrence, and of not less ehan $25,000.00 for damage to property. Tenant shall maintain such insurance in full force and effect during the term of this Lease and shall furnish Landlord with a copy of such insurance policies and a certificate evidencing the issuance thereof. 14. Signs. Tenant shall not place any signs upon the Premises except of such design and structure as may be permitted by Landlord and as may comply with all applicable ordinances, rules and regulations. 15. Assignment and Subletting. Tenant shall not assigh this Lease or sublet the Premises or any part thereof without the prior written consen't of Landlord, which consent Landlord may in Landlord's sole discretion either grant or withhold. The transfer of the ownership of 50% or more of the capital stock of Tenant (if Tenant is a corporation) or of 50% or more of the ownership interest in Tenant (if Tenant is a partnership or joint venture) shall be deemed an assignment of the Lease for purposes of this paragraph. 16. Landlord's Right of Termination. In the event that Landlord shall sell the Premises, or any part thereof, Landlord shall hhve the right to terminate this Lease by at least 15 days' advance written notice given to Tenant, and, in the event of such termination, this Lease and all renewal options provided for herein, shall become void and of no effect, and the parties shall be released from all liability hereunder accruing after the date of such termination. 17. Default. If Tenant shall default in the payment of rent when due, or if Tenant shall default in the performance of any other provisions of this Lease and shall not cure such other default within five days after written notice from Landlord specifying such default, or in the event of the insolvency or bankruptcy of Tenant, then in any of such events Landlord may terminate this Lease at any time thereafter by giving written notice of termination. Upon the termination of this Lease, Landlord may reenter the Premises and remove all persons and property therefrom, using all necessary force to do so, and may have such other remedies as may be provided for by law. In the event of any such default by Tenant, Landlord shall be entitled to its - reasonable attorney fees and all proceedings in connection therewith. 18. Surrender of Premises. Upon the termination of this Lease, by expiration of its term or otherwise, Tenant shall, at Tenant's sole cost, remove all improvements placed upon the Premises by Tenant and remove all of Tenant's personal property and tratie fixtures, .and surrender the Premises to Landlord in their original condition. If Tenant shall fail to so remove such improvements, personal property and trade fixtures and/or shall fail to so restore the Premises, then Landlord may do so and Tenant shall reimburse Landlord for the cost thereof. .. - 19. Notices. All notices required or authorized hereunder shall be in writing and shall be deemed to have been given if either delivered personally or mailed by certified or registered mail to Landlord or to Tenant, as the case may be, at their respective addresses appearing on the signature page of this Lease, or to such other address as either party may so notify the other of in writing. 20. Quiet Enjoyment. Landlord covenants that upon : Tenant's paying the rent and performing and observing all of the terms and conditions on Tenant's part to be performed and observed, Tenant may peacefully and quietly enjoy the Premises. 21. Binding Effect. This Lease shall be binding upon and shall inure to the benefit of the Landlord and Tenant and their respective heirs, personal representatives, successors and assigns. 22. Option to Lease Additional Space. So long as this Lease is in full force and effect, and provided that Tenant is not in default under the provisions of this Lease, Tenant shall have the right and option to add to this Lease the additional space adjacent to the Premises, known as the existing patio space, as designated on Exhibit A. This option shall be exercisable by written notice given by Tenant to Landlord. If Tenant shall SO exercise this option, the rent for such additional space shall be at the rate of $200.00 per month. Except for such additional rent, the lease of such additional space shall in all respects be subject to, and governed by, the provisions of this Lease to the same effect as if such additional space were originally a part of the Premises leased hereunder. IN WITNESS WHEREOF, the parties haveÂ· executed this Lease as of the day and year first written above. LANDLORD TENANT SMUGGLER LAND OFFICE, LTD. BY (~-e,6,0 .~ IN~~I~'fl-1.122: Its 07 1/i.690 tot *UAÂ»\ fl And Lotte Bresnitz Its Landlord's Address: Tenant's Address: 1144< 40 4 F NÂ°jA LL,f / 4,A FUL 4/ 5 E Hl' kli Idnwe 71 r Nomt WAr A.,al' ou -Ar-6,9 (6 7/4// The undersigned, Tim Cottrell and James Bond, jointly and severally, individually 'guarantee performance of Tenant's obligations under the foregoing Lease. dup 3*#-0- ~im~ Cbttrell, Ch fizies 3. James Bond A -0 0 EMB - HANDCRAFTS - IMPORTS - WATCHEe - UNUSUAL GIFTS . ALPINE JEWELER KURT G. BRESNITZ . :L: WA 5-3292 P. O.BOX 70 ASPEN, COLO. 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Box 589 Aspen CO 81612 Proof of Ownership: Statement of Applicant's Interest in Property if not owner: Laura Donnelley - Owner Property Address, Legal Description and Name: Block 88, Lots D,E,F 4151424 Old Aspen Jewelry Building Type of Review (Minor or Significant): Minor Description of Proposed Development Activity, including but not limited to: architectural elements effected, additional square footage (if applicable), height, building materials and illumina- tion: Extension of the existing awning structure attached to the Smuggler Land Office sowthward to cover a storage wall, wait station and seating area. Statement of the Effect of the Proposed Development on the Original Design of Structure (if applicable) and/or Character of the Neighborhood, and why the Proposed Development meets the Review Standards of Section 24-9.4(d) (pertaining to compati- bility in character of historic landmarks on the site, consis- tency with character of the neighborhood, and whether it enhances or detracts from the cultural value or architectural integrity of the structure) : The proposed a Iterations have no effect on the character of the neighborhood. The awning will continue what has been exi sting at the Lanrl Office and will soften the impact of the storage wall -wait station. In the previously approved Plan (3-22-88) the wall was exposed and covered with a stucco-like material. Any other City Approvals needed by Applicant, such as encroach- ment licence, GMP or Special Review: No other approvals recpi i red . Possible planning review. 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