HomeMy WebLinkAboutLand Use Case.100 Marolt Pl.A11.95.~~
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 02/02/95 PARCEL ID .AND CASE NO.
DATE COMPLETE: 2735-123-63-702 A11.95
STAFF MEMBER: KJ
PROJECT NAME:MAROLT RANCH COMPLEX/ INSUBSTANTIAL AMENDMENT
Project Address:MAROLT RANCH HOUSING COMPLEX/CASTLE CRK.RD,ASPEN
Legal Address:
APPLICANT:CITY OF ASPEN HOUSING AUTHORITY 303 920-5050
Applicant Address:530 EAST MAIN ST. ASPEN. COLORADO 81611
REPRESENTATIVE:CITY OF ASPEN HOUSING AUTHORITY PROP.MGMT.DIV.
Representative Address/Phone:BRUCE NETHERY 530 E.MAIN 920-5050
Aspen CO 81611
-------------------------------------------------
FEES: PLANNING $ # APPS RECEIVED 3
ENGINEER $ # PLATS RECEIVED 0
HOUSING $
ENV. HEALTH $
TOTAL $
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP:
P&Z Meeting Da
CC Meeting Date
DRC Meeting
PUBLIC ~3-EA'I~ING: YES NO
VE RIGHTS: YES NO
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
REFERRALS:
City Attorney
City Engineer
Housing Dir.
Aspen water
City Elec is
Envir.H
Zonin
pxfks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
Energy Center
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other
Other
DATE REFERRED: INITIALS: DUE:
_____________________________________________________________''_~"_~_
FINAL ROUTING: DATE ROUTED:' ~'~ 15 INITIAL:y~v
City Atty City Engineer
Housing Open Space
FILE STATUS AND LOCATION:
Zoning _Env
Other:
Health
MEMORANDUM
TO: Stan Clawson, Community Development Director
FROM: Kim Johnson, Planning Office
RE: Insubstantial Amendment to the Marolt Housing PUD for Two
Storage Sheds
DATE: March 22, 1995
SUMMARY: The Aspen Pitkin Housing Office wishes to amend the Marolt
Housing PUD Plan to allow a new 112 s.f. storage shed behind
Building 300 and a 48 s.f. storage shed to be configured from an
old bus waiting area attached to the cafeteria building. This
proposal meets the qualifications of an insubstantial amendment to
the approved PUD Plan and shall be approved by the Community
Development Director.
FINDINGS: The Marolt Housing PUD was approved on April 23, 1990.
The 4.3 acre site contains 100 dormitory style housing units and
the commons/cafeteria building which also contains music practice
rooms. Total building FAR for the site is approximately 68,000
square feet. Site coverage is approximately 34,000 square feet.
The application indicates that the proposed storage areas will
allow storage of records and maintenance equipment for the Marolt
project.
Section 7-804(E) reads:
1. An insubstantial amendment to an approved final development plan
may be authorized by the planning director. An insubstantial
amendment shall be limited to technical or engineering
considerations first discovered during actual development which
could not reasonably be anticipated during the approval process.
The following shall not be considered an insubstantial amendment:
a. A change in the use or character of the development.
b. An increase by greater than three (3) percent in the overall
coverage of structures on the land.
c. Any amendment that substantially increases trip generation rates
of the proposed development, or the demand for public facilities.
d. A reduction by greater than three (3) percent of the approved
open space.
e. A reduction by greater than one (1) percent of the off-street
parking and loading space.
f. A reduction in required pavement widths or rights-of-way for
streets and easements.
g. An increase of greater than two (2) percent in the approved
gross leasable floor area of commercial buildings.
h. An increase by greater than one (1) percent in the approved
residential density of the proposed development.
i. Any change which is inconsistent with a condition or
representation of the projects original approval or which requires
granting of a further variation from the project's approved use or
dimensional requirements.
Staff has reviewed the two proposed storage areas and finds that
the above criteria have been satisfied. The 160 s.f. increase of
floor area is not net leasable area. The new floor area will
represent an increase of .24~ over the existing 68,000 s.f.,
substantially less than the 3% limit.
There are no changes to parking, open space, density, net leasable
area, or character of the site based on the proposed changes.
RECOMMENDATION: Staff recommends that the Planning Director
approve the insubstantial amendment to the Marolt Housing PUD for
the addition of a 112 s.f. of storage building and 48 s.f. of an
attached storage shed as represented in the application package,
finding that the criteria in Section 7-804(E) have been met.
I hereby approve the above Insubstantial Amendment for
the Marolt Housing PUD for the total addition of 160 s.f.
of storage on the Marolt property as represented in the
attached lication documents.
.- -_ -'
St C auson, Community Development Director Date
Attachment:
Application Text, Sketches and Photos
2
~~`N~ shy
Housing Office
City of Aspen/Pitkin County
// 530 East Main Street, Lower Level
/// Aspen, Colorado 8161 1
(303) 920-5050
Fax: (303) 920-5580
To: Kim Johnson, Community Developement Dept.
From: Bruce Nethery, Aspen/Pitkin County Housing Authority
Re: Marolt Ranch Storage - Insubstantial Amendment
Date: 2 February 1995
Summary: The Housing Authority Property Management Division
requests approval for the addition of storage space at the Marolt
Ranch Housing complex. The proposed additions will provide needed
storage for records, Maintenance equipment, seasonal items and
hazardous materials currently unavailable.
Conceptual proposal: The facilities requested will encompass
the enclosure of the currently unused sitting area attached to the
side of the cafe building and the placement of a prebuilt shed
behind the 300 bldg (see attached map).
The enclosure of the sitting area (see fig. 1) will be ideal for
the storage of records, documents, etc. and will use siding to
match existing structures. This sitting area was originally
intended for the Music Festival bus which never came about due to
the use of adequate existing transportation. This structure is
approximately six feet by eight feet and enclosure will require
minimal work.
The eight by fourteen pre-built storage shed (see fig. 2) is
necessary for storage of maintenance equipment and other items.
This shed would be placed behind building 300 (see fig. 3) and
would create no visual impact to tenants or visitors.
These additions to the Marolt project will:
a. Not change the use or character of the development.
b. Not increase overall coverage of structures by more than
three percent (3~).
c. Not increase demand or trip generation rates.
d. Not reduce approved open space.
e. Not reduce off-street parking or loading space.
f. Not reduce required pavement width or rights-of-way.
g. Not increase approved gross leasable floor area.
h. Not increase approved residential density.
i. Not change condition or representation of the project's
original approval or require granting of further
variation from the projects approved use or dimensional
requirements.
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MEMORANDUM
TO: Stan Clauson, Community Development Director
FROM: Bill Drueding, Zoning Official C~
DATE: December 5, 1995
RE: Use of Marolt Ranch Property Cafeteria
During the PUD approval process in 1990 for the Marolt Ranch, there were proposals and
discussions concerning a commercial food operation at the Marolt Ranch Cafeteria. The
file indicates that a restaurant serving the general public would not be allowed due to
parking constraints and employee mitigation. However, a catering business would appear
to be compatible with the cafeteria use. The former cafeteria operator has delivered food
outside of the Marolt Ranch for the past 3 years.
The Housing Office has entered into a lease agreement with a new food operator. The
nature of the food operation appears to be as accessory to the Marolt Ranch as well as a
caterer to the general public. Food would be prepared and delivered to the customers
location 90 percent of the time. Occasional pick up of food may occur. There would not
be any indoor seating. The Marolt Ranch tenants apparently take the food to their
housing units. Limited parking has been assigned by the housing office. About 4
employees will be generated. There would be advertising. The signed lease is to run 5
months until Apri130, 1996, at which time bids for future use would be taken to ensure
service to the MAA students.
This operation appears to meet the intent of the cafeteria use discussion. Your approval
as Director of Community Development is requested. Future operations may want to
amend the PUD agreement if there is a substantial change in outside food service. A
copy of the lease agreement is attached.
cc: Terry Kappeli -Director of Property Management
Aspen/Pitkin County Housing Office
~~ ~ ~~,;
DEC 0
aw..
UUMMUNITYCI~ OF ASPEN
-- - r
Housing Office
City of Aspen/Pitkin County
530 East Main Street, Lower Level
Aspen, Colorado 8161 1
(303) 920-5050
fax: (303) 920-5580
December 4, 1995
Bill Drueding
City of Aspen, Community Development
130 s. Galena
Aspen, CO 81611
RE: Arrangement for food service contractor at Marolt Ranch
Dear Bill,
Attached please find the executed lease between Aspen Four Seasons
DBA Casermeal and The Aspen/Pitkin County Housing Authority for the
upstairs area only of the Marolt Ranch Cafeteria.
We entered into this lease with the understanding that no food
would be served inside the cafeteria. All food would be delivered
or picked up. See page 2, paragraph 5. We estimate that 90~ of the
business will involve deliveries and the balance pick-up. I have
also minimized their hours of operation as shown in paragraph 7.
The term of this lease is until May 1, 1996 at which time MAA will
negotiate a lease for the summer season with the music students.
Thanks for your immediate attention with this matter. Please
feel free to call me if you have any questions.
Sincerely,
~ ,~~ c-
Terry Kappeli
Director of Property Management
. ., .
.w.
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this 15th day of
November, 1995 by and between The Aspen/Pitkin County Housing Authority, amulti-
jurisdictional housing authority, c/o Executive Director, 530 E. Main Street, Lower Level,
Aspen, CO 81611 ("Landlord") and Malcolm MacDonald, Pam Golden and Maril}'n
Carruthers d/b/a CASER MEAL, c/o /~o• rgoX g97/ ,Aspen,
Colorado 8161Z("Tenant").
WITNESSETH:
WHEREAS, Land]ord is the lessee of the real property and all of the
improvements thereon, known as Marolt Ranch, located in Pitkin County, Colorado and
described on Exhibit A attached hereto and incorporated herein by this reference ("Marolt
Ranch") pursuant to a Lease Agreement therefor dated / 2 ~ 9 ~ beriveen Landlord, as
Tenant, and the City of Aspen, as Owner (the "Master Lease"); and,
WHEREAS, within Marolt Ranch there is a restaurant facility, complete with
seating and dining area, and kitchen (the "lease premises"); and,
~4-HEREAS, the lease premises are rented to Music Associates of Aspen, pursuant
to Lease Agreement dated Jun e / , 1995 (the "Sublease"), under which Music Associates
of Aspen is entitled to possession of the lease premises from June 1 through Aueust 31 of
each vear of the lease term of the Sublease; and,
WHEREAS, Landlord desires to sublease the lease premises, consisting of
approximately ?500 square feet as delineated on Exhibit B attached hereto and incorporated
herein and referred to herein as the "premises" or the "lease premises", in accordance with the
terms and conditions contained in this Lease Agreement; and,
WHEREAS, Tenant desires to lease from Landlord the lease premises in
accordance with the terms and conditions contained in this Lease Agreement;
NOW. THEREFORE, for and inconsideration of the payments to be made
hereunder, and in further consideration of the terms, conditions, covenants and mutual
promises contained herein, the parties hereto agree as follows:
1. Lease of Premises. Landlord does hereby lease to the Tenant and Tenant
does hereby rent from Landlord the following described premises, all in their current
condition, "as is", (Subject to the covenants and conditions hereinafter contained) to wit:
~" That portion of Mazolt Ranch, City of Aspen, Pitkin County, Colorado,
consisting of the restaurant facility, complete with seating and dining area,
and kitchen, located therein, constituting approximately 2500 squaze feet,
for the term, at the rents, and upon the conditions and covenants hereinafter set forth. Taking
possession of the lease premises by Tenant shall constitute acknowledgment that such
premises are in good condition and neither the City of Aspen nor Landlord shall be required to
make any alterations thereto, unless agreed to in advance and in writing by the City of Aspen
and Landlord.
2. E--lt uinment Provided by Landlord. The Landlord shall furnish Tenant with
those items of moveable equipment (equipment that is not attached or otherwise built in to the
premises) described in the inventory appended hereto as Exhibit C. Other articles deemed
necessary by Tenant for its use of the premises but not enumerated in Exhibit C shall be
furnished by Tenant, at Tenant's expense. All items of equipment set forth in Exhibit C shall
be maintained in good working order by Tenant, at Tenant's own cost and expense, and shall
be returned to the Landlord upon the termination of this Lease in the same condition as when
accepted by Tenant, ordinary wear and teaz excepted. If the equipment is determined to be
fully depreciated or incapable of repair, Tenant shall not be required to purchase a new piece
of equipment nor shall the Landlord be obligated to purchase ne~v equipment or substitute
equipment that can't be repaired with working equipment.
3. Term. Unless sooner terminated, as provided herein, the term of the Lease
shall be for a period of five (5) months. The lease term shall commence December 1, 1995,
and shall end on April 30, 1996. Tenant's occupancy of the lease premises during this term
shall be limited by paragraph 4, below.
4. Occupancy of the Lease Premises. Tenant shall be entitled to occupy the
lease premises only for the five month period from December 1st through Apri130th of 1996.
Tenant acknowledges Landlord has an obligation under the Sublease to provide possession of
the lease premises to Music Associates of Aspen on June 1, 1996. Tenant hereby agrees that
Tenant shall be liable to Landlord for any damages incurred by Landlord to Music Associates
of Aspen for Tenant's default hereunder that results in the failure to deliver possession of the
lease premises to Landlord in time for Landlord to deliver possession of the lease premises to
Music Associates of Aspen on June 1, 1996.
5. Use. Tenant shall not occupy or use the lease premises or any part thereof,
nor permit or suffer the same to be occupied or used for any purpose except to provide
delivery and take out food services only. In no event shall Tenant use or operate the lease
premises as a full service restaurant without Landlord's written consent, which consent may be
`" withhold in Landlord's sole discretion and, further, which consent may require renegotiation
of the rent due hereunder. Landlord's consent shall be required as to any change in the use of
the lease premises by Tenant. Tenant shall comply promptly with all applicable statutes,
ordinances, rules, regulations, orders and requirements relating to the use of the lease
premises, including any rules or regulations imposed by the City of Aspen as the Landlord
under the Master Lease. Tenant shall not use nor permit the use of the lease premises in any
manner that will tend to create a nuisance or tend to disturb other tenants or occupants of the
improvements or adjacent properties thereto.
6. Service to Patrons/No Discrimination. The service provided to patrons by
Tenant shall be rendered courteously and efficiently. Landlord reserves the right to prohibit
the sale of any item that it deems objectionable, and shall have the right to order the
improvement of the quality of either the merchandise or the services rendered. Tenant shall
not discriminate against any employee or applicant for employment because of race, religion,
color, creed, ancestry, sex, age, sexual orientation or national origin. Tenant and Tenant's
employees shall not discriminate against any person because of race, religion, color, creed,
ancestry, sex, age, sexual orientation or national origin by refusing to furnish such person any
service or privilege offered to or enjoyed by the general public. Neither Tenant nor Tenant's
employees shall publicize the services provided hereunder in any manner that would directly
or inferentially reflect on the acceptability of the patrons of any person because of race,
religion, color, creed, ancestry, sex, age, sexual orientation or national origin.
7. Hours of Operation. Tenant shall operate the concession five (5) days per
week (Monday through Friday) and, at a minimum, shall be open to the public between
8:OOam and 9:OOpm every day that it is open. Tenant shall not, without Landlord's consent,
which consent may be arbitrarily withheld, be open for any additional hours.
8. Parking. Tenant's patrons shall be able to use the space available by the
loading dock attached to the northeast side of the kitchen area. At no time, however, shall
Tenant's rights under this Lease extend to pazking areas designated for use by the residential
tenants of Mazolt Ranch, unless otherwise approved by Lessee in writing.
9. Rent. The rent for the five month term of this Lease shall be Four
Thousand Five Hundred and no/100 Dollazs ($4,00.00) and shall be payable in equal
monthly installments of $900.00 each, commencing on December 1, 1995 and continuing on
the first day of each calendar month thereafter, through April 1, 1996.
10. Security Deposit. Concurrently with the execution of this lease
agreement, Tenant shall deliver to Landlord the sum of $1,000.00 as a damage deposit and as
additional security for the payment of rent hereunder and the full and faithful performance by
..».
the Tenant of the covenants and conditions on the part of the Tenant under this Lease. At the
expiration of the term hereof, or any renewal, or in the event of earlier termination, Landlord
shall, after a physical inspection of the lease premises, make deductions from the security
deposit for items of damage, if any, to the lease premises and for other rents or obligations, if
any, of Tenant then due Landlord, returning to Tenant the balance thereof, together with an
itemization of the deductions, within sixty (60) days after Tenant vacates the lease premises.
The security deposit shall not be constmed as being held in tmst for Tenant, nor shall any
interest be paid thereon. Landlord may commingle the security deposit with other funds and
the security shall not be construed as liquidated damages. During the term hereof, the
Landlord may, if the Landlord so elects, have recourse to such security, to make good any
default by the Tenant, in which event the Tenant shall, on demand, promptly restore said
security to its original amount. Liability to repay said security to the Tenant shall run with the
reversion and title to said lease premises, whether any change in ownership thereof be by
voluntary alienation or as the result ofjudicial sale, foreclosure or other proceedings, or the
exercise of a right of taking or entry by any mortgagee. The Landlord shall assign or transfer
said security, for the benefit of the Tenant, to any subsequent owner or holder of the reversion
or title to said lease premises, in which case the assignee shall become liable for the
repayment thereof as herein provided, and the assignor shall be deemed to be released by the
Tenant from all liability to return such security. The Tenant shall not mortgage, pledge,
encumber, assign or otherwise hypothecate said security without the written consent of the
Landlord having been first obtained.
11. Late Charoes. The Tenant hereby acknowledges that late payment by
Tenant to Landlord of rent or other sums due hereunder w-ill cause Landlord to incur costs not
contemplated by this Lease, the exact amount of which shall be extremely difficult to
ascertain. Such costs include, but are not limited to, processing and accounting chazges and
the late charges which may be imposed upon Landlord by terms of the Master Lease or any
mortgage or trust deed covering the lease premises. Accordingly, if any bona fide installment
of rent or any other sum due from Tenant hereunder shall not be received by Landlord or
Landlord's designee on or before the twentieth (20th) day of each calendaz month that a rent
payment is due, then Tenant shall pay to Landlord a late charge of twenty percent (20%) on
such overdue amount. The parties hereby agree that such a late chazge will represent a fair
and reasonable settlement of the cost that Landlord would incur by reason of the late payment
by Tenant. Acceptance of such late chazges by Landlord shall in no event constitute a waiver
of Tenant's default with respect to such overdue amount, nor prevent Landlord from
exercising any of the other rights and remedies granted hereunder unless the entire amount
due, plus late chazge, is accepted by Landlord. In addition, any sum for which the Tenant
shall be obligated to the Landlord, which is not received on the due date thereof, shall bear
interest at the rate of twenty-five percent (25%) per annum from and after the due date until
paid.
12. Personal and Real Property Taxes. Tenant shall pay, as additional rent
hereunder, all personal property taxes assessed against the personal property used by Tenant
and located on the lease premises for the term of this lease. Likewise, Tenant shall be
responsible for any and all sales, use, withholding and other taxes assessed against the lease
premises for Tenant's business operation therein.. The real estate taxes for the lease premises
shall be paid by Landlord.
13. Fire and Casualty Insurance. The Tenant. at its own cost and expense,
shall provide and keep in full force for the benefit of the Tenant and the City of Aspen and the
Landlord (as named or additional insureds) during the term hereof or any extension or renewal
period, insurance to insure the lease premises against fire, normal extended coverage perils,
vandalism, malicious mischief, and liability. Such insurance shall provide protection to the
extent of at least one hundred percent (100%) of the insurable replacement cost of the building
containing the lease premises. In connection herewith, it is acknowledged that Landlord, for
ease of administration, is carrying such insurance upon the entire Marolt Ranch. Accordingly,
Tenant shall pay to Landlord Tenant's prorata share of the insurance premium Landlord pays
to insure the lease ~sa°
premises. Tenant's prorata share shall be equal to a sum calculated by dividing 6$-l~rl~y the
total number of square feet of Mazolt Ranch Place and multiplying the resulting dividend by
the annual premium paid by Landlord for such insurance. This premium shall be paid to
Landlord within ten (10) days of Tenant's receipt of notice of the amount due from Landlord.
Throuehout the term of this Lease, the Tenant shall carry and maintain in effect casualty
insurance covering its trade fixtures, equipment, furnishings, leasehold improvements and
plate glass, which insurance shall protect against tire, normal extended coverage perils,
vandalism, malicious mischief, and sprinkler malfunction. Such insurance shall provide
coverage to the extent of at least one hundred percent (100%) of the insurable replacement
cost of the insured property. Both the Landlord and the Tenant waive any right of subrogation
which their respective insurers may acquire against either of them. Both of these waivers
shall automatically terminate at such time as either party's insurer requires that an additional
premium be paid as a consequence of this waiver provision.
14. Liability Insurance. The Tenant, at its own cost and expense, shall provide
and keep in full force for the benefit of the Tenant and the City of Aspen and the Landlord (as
named or additional insureds) during the term hereof or any extension or renewal period,
general public liability insurance for claims of liability arising out of, occasioned by or
resulting from an accident or otherwise in or about the lease premises, for Five Hundred
Thousand Dollars ($500,000.00) each occurrence with a One Million Dollaz ($1,000,000.00)
general aggregate combined single limit covering bodily injury, property damage, and
personal injury. The policy or policies of insurance (or binders of insurance therefor) shall be
issued by a reputable company or companies authorized to do business in this State and shall
name Landlord as an additional insured. Tenant shall provide evidence of such insurance
coverage to Landlord prior to the commencement of the term hereof. The Tenant also agrees
_ to and shall save, hold and keep harmless and indemnify the Landlord from and against any
and all payments, expenses, costs, attorneys' fees and/or damage to property or injuries to
persons occasioned wholly or in part by or resulting from any acts or omissions by the Tenant
or any subtenants, assignees or successors. If for any reason as a result of Tenant's activities,
use, or business, it shall be impossible to obtain fire and other hazard insurance on the
buildings and improvements on the lease premises, in an amount and with insurance
companies acceptable to the Landlord, the Landlord may terminate this Lease and the term
hereof, upon giving to Tenant fifteen (1 ~) days notice in writing of the Landlord's intention to
do so and upon the expiration of the time provided in said notice, this Lease and the term
hereof shall terminate. If by reason of the use of the lease premises by the Tenant or by
character or manner in which the Tenant's business is carried on, Landlord's insurance rates
for fire and other hazards shall be increased, the Tenant shall pay, as additional rent, the
amounts by which the premiums for such insurance are increased. The Tenant waives all
rights of recovery against the Landlord or Landlord's agents, employees or other
representatives, for any loss, damages or injury of any nature whatsoever to property or
persons for which the Tenant is insured. Each party shall give the other party prompt notice
of any claim coming to the knowledge of any party that in any way directly or indirectly
affects either parry, and both parties shall have the right to participate in the defense of such
claim to the e:ctent of its interest.
1 ~. Notice of Cancellation of Insurance Coveraee. The above insurance
policies shall contain clauses substantially similar to the following:
(1) Notwithstanding any other provision in this policy, the insurance
afforded hereunder to the City of Aspen and Landlord shall be primary as to any
other insurance or reinsurance covering the City or Landlord and such other
insurance or reinsurance shall not be required to contribute to any liability until
the appropriate limit of liability afforded hereunder is exhausted.
(2) This policy may not be canceled or changed until forty-five (45) days
after receipt by Landlord and the City of Aspen of a written notice of such
cancellation or change in coverage, as endorsed by receipt of a certified letter,
unless such cancellation is a result of nonpayment of premium due, in which case,
this policy may not be canceled until ten (10) days after receipt by Landlord and
the City of Aspen of a written notice of such cancellation, as endorsed by receipt
of a certified letter.
16. Utilities and Maintenance. Landlord shall pay all chazges for water,
sewer, and trash removal. Tenant shall pay all chazges for telephone or cable TV chazges (for
which Tenant shall sepazately contract), gas, electricity and any other utility or maintenance
charges used by the Tenant in or about the lease premises during the term of this Lease.
Landlord shall bill Tenant monthly for all gas and electricity charges for the lease premises
and Tenant shall pay such billed amounts within five days of receipt of such bills, as
~.w additional rent.
17. Alterations. No alterations, additions, or improvements shall be made, and
no fixtures shall be installed in or attached to the lease premises, without the written consent
of the Landlord. Unless otherwise provided herein, all such alterations, additions or
improvements when made, installed in or attached to the said lease premises, shall belong to
and become the property of the Landlord and shall be surrendered with the lease premises as
part thereof upon the expiration or sooner termination of this Lease, without hindrance,
molestation, or injury. Notwithstanding that they may have become an integral part of the
lease premises, Landlord may require Tenant to remove all or any part of such alterations.
additions, improvements or fixtures at the expiration or earlier termination of this Lease,
restoring the lease premises to the same condition existing at the beginning of the original
term, ordinary wear and tear excepted. If Landlord does so require. Tenant shall repair all
damages resulting from such removal and should Tenant fail to repair damages resulting from
such removal. Landlord may remove the same or make such repairs for Tenant's account, and
Tenant shall pay to Landlord, on demand, an amount equal to Landlord's costs incurred in
such removal or repair. All work with respect to any permitted alterations, additions, or
improvements shall be done at Tenant's sole expense in a good and workmanlike manner,
strictly in accordance with the plans and specifications approved by Landlord. In doing said
work, other Tenants of Landlord (if any) shall not be adversely affected nor unreasonably
inconvenienced. Tenant shall, at its own expense, obtain all necessary building or other
permits or approvals required by appropriate governmental authorities prior to beginning such
work. If any mechanics' or other liens shall be created or filed against the lease premises by
reason of labor performed or materials furnished for the Tenant in the alteration, addition or
repair to any building or improvement, the Tenant shall within ten (10) days thereafter, at the
Tenant's own cost and expense, cause such lien or liens to be satisfied and discharged of
record toeether with any Notices of Intention that may have been filed. Failure to do so shall
entitle Landlord to resort to such remedies as are provided herein in the case of any default of
this Lease, in addition to such as are permitted by law. Any goods, inventory or other
personal property of Tenant not affixed to the lease premises and not removed by Tenant upon
the termination of this Lease, or upon any quitting, vacating or abandonment of the lease
premises by the Tenant, or upon the Tenant's eviction, shall be considered abandoned and
Landlord shall have the right, without any notice to the Tenant, to sell or otherwise dispose of
the same, at the expense of the Tenant, and shall not be accountable to the Tenant for any part
of the proceeds of such sale, if any.
18. Repairs. The Tenant has examined the lease premises and has entered into
this Lease without any representation on the part of the Landlord as to the condition thereof.
Tenant is relying upon its own inquiry as to applicable zoning and other land use regulations,
if any, governing the permitted uses of the lease premises. Tenant shall take good care of the
lease premises and shall, at the Tenant's own cost and expense, make all repairs, including
.~...
painting and decorating, and shall maintain the lease premises in good condition and state of
repair, and at the end or other expiration of the term hereof, shall deliver up the lease premises
_. in good order and condition, weaz and teaz from reasonable use thereof, and damage by the
elements not resulting from the neglect or fault of the Tenant, excepted. The Tenant shall
neither encumber nor obstruct the sidewalks, driveways, yazds, entrances, hallways and stairs,
but shall keep and maintain the same in a clean condition, free from debris, trash, refuse, snow
and ice. In case of destruction of, or any damage to the glass in the lease premises, or the
destruction of, or damage of any kind whatsoever to the lease premises, caused by the
carelessness, negligence or improper conduct on the part of the Tenant or the Tenant's agents,
employees, guests, licenses, invitees, subtenants, assienees or successors, the Tenant shall
repair the said damage or replace or restore any destroyed parts of the lease premises, as
speedily as possible, at the Tenant's own cost and expense.
19. Damage to Premises. If the lease premises shall be so damaged by fire or
other catastrophe (which is not caused by the fault or negligence of the Tenant or imputable to
the Tenant) as to render said lease premises untenantable, the Tenant thereupon shall
surrender the lease premises to the Landlord. The Tenant shall pay rent, duly apportioned, up
to the time of such termination of this Lease. Notwithstanding the foregoing, in lieu of any
termination of the Lease, Landlord may elect, at its sole option, within thirty (30) days after
the event of such damage, to continue the Lease without regard of such damage, whereupon
Landlord shall at its expense make the lease premises fit for occupancy and the rent shall be
abated only for the period during which the Tenant shall be deprived of the use of said lease
premises by reason of such damage and the repair thereof. If said lease premises, without the
fault of the Tenant, shall be slightly damaged by fire or other catastrophe but not so as to
render the same untenantable for any substantial period of time, the Landlord, after receiving
notice in writing of the occurrence of the injury, shall cause the same to be repaired with
reasonable promptness; and in such event, rent shall be proportionately abated, according to
the loss of use, until the lease premises are substantially restored.
20. Sublease/Assienment. Tenant shall not assign, sublease, mortgage, pledge
or otherwise hypothecate or transfer all or any part of Tenant's leasehold estate hereunder, or
permit the lease premises or any portion thereof to be occupied by anyone without Landlord's
prior wrirten consent in each instance, which consent may be withheld in Landlord's sole and
absolute discretion. In the event Tenant is a corporation, these provisions shall apply to any
transfer, sale or other disposition, whether voluntary or involuntary, of any stock in Tenant or
to any merger, consolidation or dissolution or any other transaction, the effect of which would
be in any way to avoid or circumvent such prohibitions. Any assigrunent or subletting
contrary to the provisions of this Paragraph shall be void and shall, at the option of the
Landlord, constitute a default under the terms of this Lease.
21. Maintenance and Repairs. Tenant shall during the term of this Lease keep
in condition and repair equal to that which existed at the commencement of this lease the lease
premises and every part thereof, including without limiting the generality of the foregoing, all
8
plumbing fixtures, within the lease premises, refrigeration, electrical fixtures and lighting
- fixtures, additional fixtures, interior walls, wall coverings and paint, ceilings, floors and floor
~.. coverings, windows, doors, plate glass, awnings, and entrances. Landlord shall have
responsibility for the repair and maintenance of the building structure, roof, foundation and
structural integrity of any additional stories above the lease premises, and shall, at its expense
provide major repairs and required replacement to mechanical systems situated within the
lease premises. Major repairs and replacements aze agreed to be those which cost more than
$500.00 for each single item, and are required to provide the level of service and
serviceability thereof and therefrom currently existing. Any repairs or replacements that will
exceed 500.00 may be undertaken by Landlord, provided Landlord and Tenant agree in
advance upon a cost sharing arrangement for such repair or replacement. Absent such
agreement, Landlord shall have no obligation to execute such repair or replacement, but in the
event Landlord determines to effectuate such repair or replacement, Landlord shall have the
sole discretion to determine the type, extent and quality of repair or replacement that shall be
undertaken.
22. Suns. The Tenant shall not place nor allow to be placed any signs of any
kind whatsoever, upon, in or about the said lease premises or any part thereof, except of a
design and structure and in or at such places as may be indicated and consented to by the
Landlord in writing. In case the Landlord or the Landlord's agents, employees or
representatives shall deem it necessary to remove any such signs in order to paint or make any
repairs, alterations or improvements in or upon the lease premises, they shall be replaced at
the Landlord's expense when the said repairs, alterations or improvements shall have been
completed. Any signs permitted by the Landlord shall at all times conform with ail municipat
ordinances or other laws and regulations applicable thereto.
23. Compliance with Law. Tenant shall obtain and pay for all permits or
licenses that may be required for the operation of the tease premises in accordance herewith.
A copy of such permits or licenses shall be submitted to Landlord for verification of this
requirement prior to occupancy. The Tenant shall promptly comply with all laws, ordinances,
rules, regulations, requirements, and directives of the federal, state, and municipal
governments or public authorities and of all their departments, bureaus and subdivisions,
applicable to and affecting the said lease premises, their use and occupancy, and shall
promptly comply with all orders, regulations, requirements and directives of the Board of Fire
Underwriters or similar authority and of any insurance companies which have issued or are
about to issue policies of insurance covering the said lease premises and its contents, for the
prevention of fire or other casualty, damage or injury, all at Tenant's own cost and expense.
Tenant shall obtain and maintain during the life of this Lease, worker's compensation
insurance and employer's liability insurance for Tenant's employees in strict compliance with
state laws. Certificates evidencing such insurance or approved self-insurance shall be
submitted to Landlord prior to occupancy.
Tenant shall not use the lease premises for any purposes deemed unlawful, disreputable, or
extra hazardous.
».
24. Ouiet Enjoyment. So long as the Tenant is not in default hereunder during
r the term hereof or any renewal or extension hereof, the Landlord covenants that the Tenant
~, shall peacefully and quietly occupy and enjoy the lease premises subject to the terms hereof.
The Landlord warrants that it has full power and authority to execute this Lease, be bound by,
and perform all its obligations hereunder. Notwithstanding anything to the contrary contained
herein, Tenant acknowledges that Landlord's right to occupy and lease the lease premises to
Tenant is based upon Landlord's rights under the Ivlaster Lease. In the event Landlord loses
the right to occupy and lease the lease premises because of a default by Landlord or the
Owner of the building in accordance with the provisions of the Master Lease, Landlord shall
have no obligation hereunder to Tenant and this Lease shall be of no further force or effect,
subject to the City of Aspen's rights pursuant to the Master Lease.
25. Condemnation. If the land and the lease premises leased herein, or of
which the lease premises aze a part, or any portion hereof, shall be taken under eminent
domain or condemnation proceedings, or if suit or other action shall be instituted for the
taking or condemnation thereof, or if in lieu of any formal condemnation proceedings or
actions, if any, the Landlord or the City of Aspen shall grant an option to purchase and/or
shall sell and convey the said lease premises, or any portion thereof, to the governmental or
other public authority, agency, body or public utility seeking to take said land and lease
premises or any portion thereof, then this Lease, at the option of Landlord, shall terminate and
the term hereof shall end as of such date as the Landlord shall fix by notice in writing; and the
Tenant shall have no claim or right to claim or be entitled to any portion of any amount which
may be awazded as damages or paid as the result of such condemnation proceedings or paid as
the purchase price for such option, sale or conveyance in lieu of formal condemnation
proceedings; and all rights of the Tenant to damages, if any, are hereby assigned to the
Landlord. The Tenant agrees to execute and deliver any instruments, at the expense of the
Landlord, as may be deemed necessary or required to expedite any condemnation proceedings
or to effectuate a proper transfer of title to such governmental or other public authority,
agency, body, or public utility seeking to take or acquire the said lands and lease premises or
any portion thereof. The Tenant covenants and agrees to vacate said lease premises, remove
all the Tenant's personal property therefrom and deliver up peaceable possession thereof to the
Landlord or to such other parry designated by the Landlord in the aforementioned notice.
Failure by the Tenant to comply with any provisions in this clause shall subject the Tenant to
such costs, expenses, damages and losses as the Landlord may incur by reason of the Tenant's
breach hereof.
26. Landlord's Lien. Tenant hereby grants to Landlord a security interest in
any and all of Tenant's furniture, fixtures, equipment and inventory whenever acquired, their
proceeds and the proceeds of any and all insurance policies carried thereon as and for
additional security for the faithful performance by Tenant of all of its obligations hereunder.
Tenant agrees to execute and deliver to Landlord, upon request, such additional documents as
Landlord may require to establish and perfect such security interest including, without
limitation, a financing statement in form satisfactory to Landlord, which is to be executed and
10
delivered by Tenant to Landlord. The exercise by Landlord of any rights in and to such
furniture, fixtures, equipment and inventory upon default hereunder shall be governed by
~- Article 9 of the Colorado Uniform Commercial Code, as in effect at the time of such default,
but such exercise shall not preclude Landlord from exercising any or all other rights and
remedies hereunder or as provided by law.
27. Inspection and Repair. The Tenant aerees that the Landlord and the
Landlord's agents, employees or other representatives, shall have the right to enter into and
upon the lease premises or any part thereof. at all reasonable hours, for the purpose of
examining the same or making such repairs or alterations therein as may be necessary for the
safety and preservation thereof. This clause shall not be deemed to be a covenant by the
Landlord nor be construed to create an obligation on the part of the Landlord to make such
inspection or repairs. Tenant expressly waives and releases any claim, demand, or cause of
action it might have by reason of any inconvenience, annoyance to Tenant, its guests,
licensees or invitees azising from any maintenance, alteration or repair to any portion of the
lease premises, the building in which it is located or the property upon which it is situate.
Tenant grants to Landlord the right to temporarily discontinue utilities or any of them at any
such time or times as may be necessary by reason of any such maintenance work, alteration or
repair.
28. Landlord Remodel of Premises. In the event Landlord desires to remodel
any portion of the lease premises during the term of this lease agreement, it may do so,
provided it is solely at Landlord's expense and, provided further, that any remodel work
commenced by Landlord shall not interfere with or disrupt Tenant's business within the lease
premises.
29. Default. If there should occur any default on the part of the Tenant in the
performance of any conditions or covenants herein contained or if, during the term hereof; the
lease premises or any part thereof shall be or become abandoned or deserted, vacated or
vacant, or should the Tenant be evicted by summary proceedings or otherwise, the Landlord,
in addition to any other remedies herein contained or as may be permitted by law. may either
by force or otherwise, without being liable for prosecution therefor or for damages, re-enter
the said lease premises and again possess the same with or without terminating this Lease; and
as agent for the Tenant or otherwise, re-let the lease premises and receive the rents therefor
and apply the same, first to the payment of such expenses and costs, as the Landlord may have
been put in re-entering and repossessing the same and in making such repairs and alterations,
as may be necessary; and second to the payment of the rents due hereunder. `Vhether or not
the Landlord shall terminate this Lease, the Tenant shall remain liable for such rents as may
be in arreazs and also the rents as may accrue subsequent to the re-entry by the Landlord, to
the extent of the difference between the rents reserved hereunder and the rents, if any,
received by the Landlord during the remainder of the unexpired term hereof, after deducting
the aforementioned expenses, fees, and costs; the same to be paid as such deficiencies arise
and aze ascertained each month. In addition, upon any such default, or if Tenant be
11
~,..
adjudicated a bankrupt, insolvent or placed in receivership, or should proceedings be
M instituted by or against the Tenant for bankruptcy, insolvency, receivership, agreement of
~.. composition or assignment for the benefit of creditors, or if this Lease or the estate of the
Tenant hereunder shall be transferred by virtue of any court proceedings, writ of execution or
levy sale, the Landlord may, if the Landlord so elects, at any time thereafter, terminate this
Lease, upon written notice to Tenant or to any trustee, receiver, or other person in charge of or
acting as custodian of the assets or property of the Tenant. In the event of default, except in
the payment of rent or additional rent hereunder, ihcluding any default by Tenant under the
terms of the Master Lease, Landlord, prior to the exercise of any of its rights or remedies
hereunder, shall give Tenant notice of such default together with a ten (10) day right to cure
should such default be in the payment of any other sums due Landlord hereunder or a twenty
(20) day right to cure should such default be in any of the other conditions or covenants of this
Lease or the Master Lease to be performed by Tenant, unless the same by its or their nature
require immediate or earlier attention. Upon the giving of such notice, this Lease and the term
hereof shall, unless the default shall be cured during the applicable period, end on the date
fixed in such notice as if the said date were originally fixed in this Lease for the expiration
hereof; and the Landlord shall have the right to remove all persons. goods, fixtures and
chattels therefrom, by force or otherwise, without liability for damages. No right of
redemption shall be exercised under any present or future law of the State of Colorado in case
the Tenant shall be dispossessed for any cause or if the Landlord shall, in any other manner,
obtain possession of the lease premises inconsequence of the violation of any of the
covenants and agreements of the Tenant. The Landlord shall have a lien paramount to all
others on every right and interest of the Tenant in and to this Lease, and on any furnishings,
equipment, fixtures, or other personal property of any kind belonging to the Tenant, or the
equity of the Tenant therein, on the leased property. Such lien is granted for the purpose of
securing the payment of rents, taxes, assessments, insurance charges, liens, penalties and
damages herein covenanted to be paid by the Tenant and for the purpose of securing the
performance of all of the Tenant's obligations under this Lease. Such lien shall be in addition
to all rights of the Landlord given under statutes of this State, which are now or shall
hereinafter be in effect.
30. Attorneys' Fees and Waiver of Riaht to Jurv. In the event of any litigation
or other action or proceeding between the parties hereto arising out of the performance or non-
performance of this Lease, or enforcement of any rights or remedies hereunder, including any
indemnities herein contained, the prevailing party shall be entitled in such litigation, action or
proceeding to also recover as part of any judgment, award or other relief, its reasonable
attorneys' fees and costs incurred. The Landlord and Tenant expressly waive any right which
either may have to trial by jury of any dispute arising under this Lease relating to the issues of
termination of this Lease and rights to possession of the lease premises.
31. Delays. Whenever a period of time is provided in this Lease for either
Landlord or Tenant to do or perform any act or thing, neither Landlord nor Tenant shall be
liable or responsible for performing any obligation hereunder as a result of any unavoidable
- 12
~..-
delay due to strikes, lockouts, casualties, acts of God, or other governmental regulations or
control or other causes beyond such party's reasonable control, and the time for performance
..., specified herein shall be extended for a period of time corresponding to such delay.
32. MortoaQe Priority. This Lease shall not be a lien against the lease
premises with respect to any mortgages or trust deeds now or hereafter placed upon the lease
premises or the building. 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 costs, which may be
deemed necessary or desirable, to further effect the subordination of this Lease to any such
mortgage or mortgages. In addition, this Lease shall be subordinate to the Master Lease.
Tenant shall, upon request, execute any estoppel certificates or attornment agreements that
may be required by the holder of any mortgage or trust deed now or hereafter placed upon the
lease premises or the building or by the Owner of the building in which the lease premises are
located. A refusal by the Tenant to execute any such instruments shall entitle the Landlord to
at once terminate this Lease. Tenant agrees not to record or file this Lease in the real estate
records affecting the building in which the lease premises is located. Any such recording in
violation hereof shall be considered a slander of Landlord's and the City of Aspen's title and a
breach of this entire Lease. This covenant shall survive the expiration or earlier termination
of this Lease.
33. Holding Over. This Lease shall expire of its own accord without notice at
the end of the term or earlier, as herein specified. If, after the expiration of this Lease, Tenant
remains in possession of the lease premises with or without the Landlord's consent, such
holding over shall be a tenancy-at-will at a rental equal to 12~% of the last monthly rental
provided in this Lease, and otherwise subject to all the obligations and conditions of this
Lease, including Tenant's liability for any damages incurred by Landlord as a result of
Landlord's inability to deliver possession of the lease premises to Thin Air Foods as a result of
Tenant's holdine over.
34. Cumulative Remedies. The various rights, remedies, options and elections
of the Landlord expressed herein are cumulative and the failure of the Landlord to enforce
strict performance by the Tenant of the conditions and covenants of this Lease or to exercise
any election or option or to resort or have recourse to any remedy herein conferred or the
acceptance by the Landlord of any installment of rent after any breach by the Tenant, in any
one or more instances, shall not be construed or deemed to be a waiver or a relinquishment for
the future by the Landlord of any such conditions and covenants, options, elections or
remedies, but the same shall continue in full force and effect.
35. Cleanliness: Waste and Nuisance. Tenant shall keep the lease premises at
all times in a neat, clean and sanitary condition, shall neither commit nor permit any waste or
nuisance thereon, and shall keep the walks adjacent thereto free from waste and debris, and all
13
snow and ice which shall not be the responsibility of the Landlord or the City of Aspen to
remove. Tenant shall store all trash in the containers provided for that purpose.
36. Brokers. Each party represents to the other that it has had no dealings with
any real estate broker or agent in connection with the negotiation of this Lease.
37. Waiver. No waiver by Landlord or Tenant of any provision of this Lease
shall be effective unless in writing nor shall such~waiver be deemed a waiver of any other
provision hereof, nor of any subsequent breach by Tenant of the same or of any other
provision.
38. Surrender of Premises. At the end of each five month period of possession
of the lease premises by Tenant, as well as at the termination of this Lease, Tenant shall
surrender the lease premises to Landlord in good condition and repair, excepting for
reasonable wear and tear and acts of God. Tenant shall have the right at the end of the term
hereof to, and upon demand by Landlord Tenant shall, remove any equipment, furniture, trade
fixtures not affixed to the realty, and other personal property placed in the lease premises by
Tenant and Tenant shall promptly repair any damage to the lease premises caused by such
removal.
39. Governing Law. This Lease shall be construed and enforced in
accordance with the laws of the State of Colorado. In the event of any litigation arising out of
this Lease, jurisdiction and venue shall rest with the District Court for Pitkin County.
40. Time of Essence. Time is of the essence with respect to the performance
of every provision of this Lease in which the time of performance is a factor.
41. Severability. The terms, conditions, covenants, and provisions of this
Lease shall be deemed to be severable. If any clause or provision herein contained shall be
adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation
of any applicable law, it shall not affect the validity of any other clause or provision herein,
but such other clauses or provisions shall remain in full force and effect.
42. Notices. All notices required under the terms of this Lease shall be given
in person or by mailing such notices by certified or registered mail, return receipt requested, to
the address of the parry as shown at the beginning of this Lease, or to such other address as
may be designated in writing, which notice of change of address shall be given in the same
manner. If not sooner received, any notice given by mail shall conclusively be deemed
received three (3) days after the date of certification or registration.
43. Entire Lease. This Lease contains the entire contract between the parties
and there aze no other agreements, understandings, representations, or warranties except as
expressly set forth herein. No additions, changes or modifications, renewals or extensions
14
hereof shall be binding unless reduced to writing and signed by the Landlord and Tenant. To
the extent possible, this Lease shall be construed vis-a-vis the Landlord and Tenant without
reference to the Master Lease. However, in the event the rights of Landlord and Tenant
hereunder are directly affected by and in conflict with provisions of the Master Lease, such
that to adhere to the terms of this Lease would result in a default by Landlord under the
Master Lease, the Master Lease provision shall control.
44. References. In all references herein to any parties, persons, entities or
corporations, the use of any particular gender or the plural or singulaz number is intended to
include the appropriate gender or number as the text of the within Lease may require.
45. Tenant is an Independent Contractor. This Lease is not a contract of
employment. No relationship of employer and employee, joint venture or partnership, exists
between Landlord and Tenant or between the Landlord and any employee or agent of the
Landlord. Tenant shall at all times be deemed to be an independent contractor. Tenant is not
authorized to bind Landlord to any agreements or obligations. The term Landlord when used
in this Lease shall mean and include the Executive Director of the Landlord and any other
agent or employee of the Landlord designated by the Director with the responsibility of
enforcing any of the terms of this Lease.
46. Binding Effect. All the terms, covenants, and conditions herein contained
shall be for and shall inure to the benefit of and shall bind the respective parties hereto, and
their heirs, executors, administrators, personal or legal representatives, successors and assigns
respectively.
47. Guaranty. In the event Tenant hereunder is a corporation, this Lease and
the performance of all the payments, obligations, conditions and covenants contained herein
shall be personally guazanteed by the shazeholders of Tenant by execution of a guaranty of
lease in a form provided by Landlord.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the
day and year above first written.
TENANT:
~ i . az. 9~
G
Malcolm MacDonald
~y~1~a2~~-°~
Pam Golden
~/ ~a _ qs
15
._
APPROVED AS TO FORM:
_ '~1
Thomas . Smithil, sq.,
Attorney to Aspen/Pitkin
County Housing Authority
/~i~
Marilyn Carruthers
LANDLORD:
ASPEN/PITKIN COUNTY HOUSING
AUTHORITY, a multi jurisdictional housing
authority
By:~~~
Elizabeth Krizmanich, Chazrperson
CONTENT:
eve T e f~xec~e Director
Aspen/Pitkin County Housing
Authority
/~/~
1
~.
EXHIBIT A
[LEGAL DESCRIPTION - MAROLT RANCH]
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EXHIBIT B
[DELINEATION OF LEASE PREMISES]
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EXI3IBIT C
[INVENTORY]
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EXHIBIT C
Inventory of Moveable Items:
70 Wooden chairs '
6 Long tables
7 short tables
1 Two bay salad counter
1 Four station hot serving unit
1 Sandwich prep refrigeration unit
1 Wolf large griddle
1 Wolf stove top 6 burner combo 2 oven small griddle
1 GE over/under convection oven
1 Cres-cor hot unit
1 Tabco steel table
,y
~Ktfrl3rT C
MAROLT CAFETERIA
MUSIC ASSOCIATES OF ASPEN
FOODSERVICE EQUIPMENT SPECIFICATIONS
APRIL 06, 1990
IXISTING EQUIPMENT ITEMS:
8ldder shall be responsible for visiting the site prior to bidding to fully in-
form himself with the exlsting conditions. The Equipment Contractor shall clean
Ilsted existing Items and replace any defective parts. He shall move and reset
Ilsted exlsting items In new locations shown on plan as required. Renovation
shall consist of removing all exlsting equipment from the premises, storage and
complete cleaning (cleaning shall consist of the removal of residues of foods,
Ingredients, dirt and all other soiling materials and extraneous matter),
repainting painted Items as required, and all labor and parts necessary to
produce a functional item. Repairs and parts shall be for minor Items such as
control knobs, handles, pilot lamps, minor adJustments, etc. Any maJor repairs
or parts required shall be noted In writing, with cost of parts and labor. Any
maJor repairs or parts required, which are only detectable during repairs shall
be noted In writing, with cost, to the Owner for approval and addition to the
contract price.
ITEM ~1: STORAGE SHELVING
~antity: Three (3) Sections
Manufacturer: Clarison Inc.
Model No.: Zinc Plated Wire Shelving
Pertinent Data: 18" Wide x 74" High With Four Tiers
Utilities Req'd.:
Furnish and set In place per manufacturer's standard spec(flcatlons and the
following:
i. Length and configuration of shelving units per plan and verttied room
dimensions.
2. Use "S" hooks and common post assemblies, where possible.
ITEM ~2: WALK-IN COOLER
Quantity: One (1)
Manufacturer: Mid-South Industries, Inc.
Model No.: Thermo-Kool
Pertinent Data: 6~-0" x 8~-0" x 7~-4" High With Floor
Utilities Req~d: 15 AMP 120V iPh
(Continued next page)
FOODSERVICE EQUIPMENT
PAGE 15
~-
ITEM #2: WALK-IN COOLER (Continued)
Furnish and set in place as per manufacturer's standard specifications and the
following:
1. Unit to be installed with integral Insulated floor.
2. Interior and exterior finish to be 0.040 patterned aluminum with 14 Ga.
galvanized steel floor.
3. One (1) 34+' x 7b+' entrance door, hinged as shown on plan.
4. Unheated pressure relief port.
5. One (1) extra vapor-proof lights for field installation by the Electrical
Contractor
6. Two (2) matching floor to f(nlshed ceiling trim strips; verify height.
7. Matching closure panels on all exposed sides to finished cefling; verify
height.
8. Verify building conditions for fit.
9. Unit to be N.S.F., U.L., and U.L, classified with a X25 flame spread.
10. See plan for size and conflguratlon of compartment.
11. See Item d58, Cooler Compressor for Information regarding the
refrigeration system.
ITEM #3: REFRIGERATION SHELVING
Quantity: Five (5) Sections
Manufacturer: Clarison Inc.
Model No.: Chrome Plated Wire Shelving
Pertinent Data: 18" Wide x 74+' High Wlth Four Tiers
Utilities Req'd.:
Furnish and set in place per manufacturer's standard specifications and the
following:
1. Length and conflguratlon of shelving units per plan and verified room
dimensions.
2. Use +'S+' hooks and common post assemblies, where possible.
FOODSERVICE EQUIPMENT
PAGE 16
ITEM 94: WALK-IN FREEZER
,__ Quantity: One (1) (Existing)
Manufacturer: Widman ,
Model No.: Floor type '
Pertinent Data: 5'-8" x B'-0" x 7'-5" High With Floor
Utilities Req'd: 15 AMP 120V 1Ph
Furnish and set in place as per manufacturers standard specifications and the
following:
1. Renovate and relocate as required and as shown on plans.
2. Kitchen Equipment to provide One (1) new ceiling mount vapor-proof Ifght
for field installation by the Electrical Contractor
3. Include two (Z) new matching floor to finished ceiling trim strips; verify
height.
4. New matching closure panels on all exposed sides to fln(shed telling;
verify height.
11. See Item X59, Freezer Compressor for Information regarding the
refrigeration system.
ITEM ~5: REFRIGERATION SHELVING
7
Quantity: Five (5) Sections
Manufacturer: Clarison Inc.
Model No.: Chrome Plated Wlre Shelving
Pertinent Data: 18" Wide x 74" High With Four Tiers
Utilities Req'd.:
Furnish and set In place per manufacturer's standard specifications and the
following:
1. Length and configuration of shelving units per plan and verified room
dimensions.
2. Use "S" hooks and common post assemblies, where possible.
ITEM $6: MIXER
Quantity:
One (1) (Existing)
1. Renovate and relocate as required and as shown on plans.
FOODSERVICE EQUIPMENT
PAGE 17
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ITEM d7;
Quantity:
Manufacturer:
Model No.:
Pertinent Data:
Utiilties ReG'd.:
MIXER STAND
One tt)
Seco Products
MX-29-T
With Accessory Rack
Furnish and set In place per manufacturer's standard speclffcations and the
following:
i. Include End opening undershelf and utensil rack.
ITEM i)`8: SLICER
Quantity: One (1) (Existing)
1. Renovate and relocate as required and as shown on plans.
ITEM ~9:
Quantity:
Manufacturer.
Model No.:
Pertinent Data:
Utllltles Req'd.:
SLICER STAND
One (1)
Seco Products
MX-29-T
With Accessory Rack
Furnish and set in place per manufacturer's standard specifications and the
following:
1. Include End opening undershelf and utensil rack.
ITEM x'10: SPARE NUMBER
ITEM #11: WALL SHELF
Quantity: Two (2)
Manufacturer: Custom Fabricated
Model No.: Stainless Steel
Pertinent Data: 1'-2" Wide/See Plans For Length And Configuration
Utllltles Req'd:
Fabricate and set in place as per plans, details and the following:
1. Standard detail FS12-i.
,...
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FOOOSERYICE EQUIPMENT
PAGE 18
,,.
ITEM /12:
~,.
~ry
~1
I~
Quantity:
PREP TABLE
One (1) (Existing)
1. Renovate and relocate as required and as shown on plans.
ITEM X13: FIRE SUPPRESSION SYSTEM
Quantity: One (1) (Existing)
Utllltles Req'd: 20 AMP 120V iPh
Furnish and set in place as per manufacturer's standard specifications and the
following:
1. Renovate and relocate as required and as shown on plans.
Z. Contractor to provide all new surfiace appliance nozzles, hood and duct
protection nozzles In exhaust hood, Item d14.
3. Relocate existing manual pull station.
4, All exposed pipe and fittings shall be chrome plated or stainless steel.
5. Slx-month and twelve-month inspections, servicing, and replacement of
components as per N.F.P.A.-96, latest edition.
6. All components and labor necessary for completely installed system in
accordance with N.F.P.A.-96 latest edition, O.S.H.A., and ati prevailing
rules and codes.
7. Components Inside exhaust hood shall be Installed at hood manufacturer's
shop dur(ng fabrication.
8. Provide with new automatic mechanical gas shut-off valve (not electric
solenlod valves) for equipment below exhaust hood, Item #14, Coordinate
installation with Plumbing Contractor.
9. Electrical contractor to provide shunt trip breakers at main power panel
interconnected with micro-switch at fire system control panel for all
equipment under exhaust hood, Item X14. Shunt trips to accomplish shut
off of equipment in event of fire system activation.
ITEM 1/14: EXHAUST HOOD
Quantity: One (1) Assembly
Manufacturer: Molitron
Model No.: BF-120X66
Pertinent Data: With Type i Make-up Alr Plenum 2500 CFM, (.75"
Utllltles Req'd: sPwsi. B'2'Ox~25"hlnlet,x1250 CFMa~.2tSPWG)et,
(Continued on next page)
r~ FOODSERYICE EQUIPMENT
PAGE 19
ITEM #14: EXHAUST HOOD (Continued)
Furn(sh and set In place as per manufacturer's standard specifications and the
following:
1, Assembly to consist of one unit 10'-0" long x 5'-6" wide overall.
2, 18 gauge Type 304 stainless steel.
3, External welded constructlon•l~ound andnpolishedthe latest edition of NFPA
96. All exposed welds to be g
4. U.L. classified, non-ad,Justable, stainless steel grease filters.
5.
6.
7.
8.
Stainless steel, removable grease can(s).
Sloped grease trough, full
length below filters to grease can(s).
Hangers, supports and miscellaneous accessories as required for
installation.
NFPAs96cclearance to combustlblesrequlrements of the latest edition of
9, All welded 4" high duct collar.
10. Pre-plping for Ansul R-102 chemical fire protection system.
it. See sheet K1 .1 for size and location of duct.
12, Provide S/S closure panels above hood (if requlred)ino fverifydheight~.g
conceal exhaust duct and fire protection system p p 9)
13, Final connections to hood duct collars by the Mechanical Contractor.
14. Hood construction to be UL and NSF listed. 6 6 above finished floc
~_ "
15, Mounting height of bottom~edOgeaboveooanlshedbfloor maximum.
(minimum and normal) to 7
16. Incandescent lights, U.L. listed for use In commercial cooking hoods, N
approved.
ITEM $12: CONVECTION OVEN
antlty:
One (i) (Existing)
Qu
1, Renovate and relocate as required and as shown on plans.
FOODSERYICE EQUIPMENT
PAGE 20
,~.
ITEM 816: STEAMER
=~iantity: One (1)
...,,,,:nufacturer: Cleveland
Model No.: CET-8
Pertinent Data: Self Contained Unlt
Utllltles Req~d.: 8.1 KW, 208V, 3Ph, 1/2n CW, 1-i/2n IW
Furnish and set In place per manufacturers standard specifications and the
following:
1. Heavy duty stalnless steel stand.
ITEM 817: RANGE 8 OVEN
Quantlty: One ( ll
Manufacturer: Wolf
Model No.: CH-Z-29-2HT
Pertinent Data: Two (2) Open Burners, Two (2) Hot Top Sections
Utllltles Req~d.: 108,000 BTU, 3/4n Gas
Furnish and set In place per manufacturer's standard specifications and the
following:
1. Heavy duty casters, two (2) with brakes.
Heavy duty flex connector with quick disconnect and vinyl coated
restraining device.
3. Single deck high shelf.
ITEM 818: POT SINK
Quantlty: One (1)
Manufacturer: Custom Fabricated
Model No.: stalnless Steel
Pertinent Data: 2~-6n Wide x 2~-10n Hlgh/See Plan For Length And
Configuration
Utllltles Req~d: (2) 1/2n H 8 CW, (3) 1-1/2n IW
Fabricate and set In place as per plans, details and the following:
1. Standard details; FS1-4B, FS1-5C, FS1-7, FS1-8, FS1-10, FS1-13, FS1-14,
FS3-1, FS3-3, FS3-4 and FS3-5.
2. Integral sinks to have one piece front and two (2) 8-230 splash mount
faucet (18n spout) and three (3) rotary waste assemblies.
FOODSERVICE EQUIPMENT
PAGE 21
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• wITEM X19: WALL SHELF
Two (2)
Quantity: Custom Fabricated
Manufacturer: Stainless Steel th And Configuration
Model No.: l,_2a Wide/See Plans For Leng
Pertinent Data:
Utllitles Req'd:
Fabricate and set in place as per plans, details and the following:
1, Standard detail FS12-1.
ITEM #20: SPARE NUMBER
MOP SINK
ITEM X21: Contractor, N.I.C.)
One (i) (By Plumbing
Quantity:
ITEM X22: REFRIGERATOR
Quantity: One (1) (Existing)
~, Renovate and relocate as required and as shown on plans.
ITEM ik23: HEATED CABINET
Quantity: One (1) (Existing)
i, Renovate and relocate as required and as shown on plans.
ITEM X24: FRYER
One (l)
Quantity: Star Mfg.
Manufacturer: g30-T-E
Model No.: Twin Pot Unlt
Pertinent Data: 208V, 1Ph
Utllitles Req'd.: 6'91 KWr ~ standard specifications and the
Furnish and set in place per manufacturer s
following: of covers.
1, Stainless steel tanks and stainless steel fry p
FOODSERYICE EQUIPMENT
PAGE 22
. ~ ~ ,
ITEM X37: DISHMACHINE
..~ Quantity: One (I)
5..,. Manufacturer: Champion
Model No.: DH-1
Pertlnent Data: Door Type Unit
Utllltles Req'd.: 1 HP, 3.0 KE, 208V, 3Ph, 3.4" HW, 1-1/2" IYI
Furnish and set (n place per manufacturer's standard specifications and the
following:
1. Standard complement of ware washing racks
ITEM X38: GLASS RACK SHELF
Quantity: One (1)
Manufacturer: Custom Fabricated
Model No.: Stainless Steel
Pertlnent Data: See Detalis
Utllltles Req'd:
Fabricate and set in place as per plans, details and the following:
i. Standard detail FS12-4.
ITEM X39: DISPOSER
Quantity: One (1) (Existing)
1. Renovate and relocate as required and as shown on plans.
1. Prov(de new vacuum breaker, solenoid valve, and on off switch.
ITEM X40: SOILED DISHTABLE
Quantity: One (1) (Existing)
1. Modify and relocate as required and as shown on plans.
1. Modify unit to fit at pass window and provide new end splash at left end
ITEM X41: SALAD/BEYERAGE COUNTER
Quantity: One (i)
~"" (Continued Next Page)
FOODSERVICE EQUIPMENT
PAGE 26
•.
ITEM $41: SALAD/BEVERAGE COUNTER (Continued)
Ma^'""'facturer: Custom Fabricated
MO....: No.: Millwork
Pertinent Data: 13'-0" Lbng x 5'-0" Wide x 2'-10" Hlgh
Utilities Req'd.: 120Y, 1Ph and 208V-iPh, i" IW
Fabricate and set in place per plans, details and the following:
1. Standard details; FS1-7, FS1-23, FS1-328 and FSS-1.
2. Provide four (4) 120V, iPh and one (1) 208V, 1Ph pedestal type top mounted
duplex outlets as indicated on drawings.
3. Enclose base with hinged doors, and provide removable acess panel at end
adJacent to plate dispensers.
4. Provide 2'-0" long x 4" wide drip trough at coffee urn.
ITEM X42: PLATE DISPENSER
Quantity:
Manufacturer:
Model No.:
Pertinent Data:
:'" Ilties Req'd.:
Two (2)
American Wyott
38-0074
Yerify Plate Size
'i
k~
;1
Furnish and set In place per manufacturer's standard specifications and the
following:
1. Verify Plate size prior to fabrication.
2. Install in top cutouts of Salad/Beverage Counter Item F41.
ITEM X43: ICE PAN
Quantity:
Manufacturer:
Model No.:
Pertinent Data:
Utilities Req'd.:
One (i)
Custom Fabricated
S/S
See Detalis
1-1/2" IW
Fabricate and set In place per plans details and the following:
1. Standard Detail FS1-25.
2. Install in top cutouts of Salad/Beverage Counter Item 541.
(Continued Next Page)
FOpOSERYICE EQUIPMENT
PAGE 27
.' ~' • K
ITEM 651: SERVING COUNTER
~ Quantlty: One (1)
Manufacturer: Custom Fabricated
Model No.: Millwork
Pertinent Data: 16'-0" Lang x 3'-6" Wide x 2'-10" Hlgh
Utilities Req'd.: 120V, 1Ph and 208Y-1Ph, 1" IW
Fabricate and set in place per plans, deta[ls and the following:
1. .Standard details; FS1-7, FS1-23, FSi=328 and FS8-1.
2. Provide One (1) interior mounted 120V, 1Ph duplex outlet as Indicated on
drawings.
3. Semi-enclosed base With bottom and intermediate shelves.
4. Make top and body cutouts to accommodate Item 6's 53, 55, and 57.
ITEM 652: PROTECTOR SHELF
Quantlty: One ci;
Manufacturer: Custom Fabricated
Model No.: S/S
Pertinent Data: See Details
Utilities Req'd.:
Fabricate and set in place per plans, details and the following:
1. Standard details; FS-16-1 (No Ilght)
ITEM 653: HOT FOOD WELL
Quantlty: One (1)
Manufacturer: Wells
Model No.: MOD-400
Pertinent Data: Drop in Type
Utilities Req'd.: 3.8 KW, 208V, 1Ph, 1-1/2" IW
Furnish and set In place per manufacturers standard specifications and the
I following:
1~ 1. Drain manifold with Individual shut off valves.
FOODSERVICE EQUIPMENT
PAGE 29