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HomeMy WebLinkAboutcoa.lu.cu.300 Puppy Smith.A-1 TV.1979MEMORANDUM T0: 'r r + ri ,=4�a �naina.�_ n Ron Stock, City Attorney 1979 CITY FROM: Planning Office 9 s A ENGINE F ^; C0� RE: A -1 TV Conditional Use Ffearing DATE: October 11, 1979 Attached please find application for conditiona use from A -1 TV. This item is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday, October 23, 1979. Could you please look over this application and let me know if you find any problems with this by Wednesday, October 17, 1979. Thank you. No c,MMF'Ar ��'0 ou-�Fl_ LAW OFFICES LEONARD M. OATES RONALD D. AUSTIN J. NICHOLAS MCGRATH,JR. WILLIAM R. JORDAN III ROBERT W. HUGHES RICHARD A. HNEZEVICH JAMES R. TRUE OATES, AUSTIN, MCGRATH & J ORDAN Mrs. Kathryn Koch, Aspen City Hall 130 S. Galena 600 EAST HOPNINS AVENUE ASPEN. COLORADO 61611 October 12, 1979 City Clerk Aspen, Colorado 81611 Dear Kathy: RE: Conditional Use Hearing Scheduled for October 23, 1979 - A -1 T.V., Inc. AREA CODE 303 TELEPHONE 925 -2600 Following up our telephone conversation of October 11, 1979, I enclose herewith an Affidavit of Mailing with respect to the Notices of the public hearing on A -1 T.V., Inc.'s request for a conditional use permit to operate a TV sales and repair facility in the Trueman Neighborhood Commercial Center. It is my understanding that the necessary Waivers from all government and quasi - government entities have already been filed with your office or the Planning Office. I would ask that you confirm to me that all of the procedural steps necessary prior to public hearing have been complied with. this matter. Thank you for your assistance and cooperation in Very truly yours, OATES, AUSTIN, McGRATH & JORDAN By Leonard M. ..- �. LMO:rld Enc. CC: A -1 T.V., Inc. MEMORANDUM TO: Dan McArthur, City Engineer Ron Stock, City Attorney FROM: Richard Grice, Planning Office RE: A -1 TV Conditional Use Hearing DATE: October 11, 1979 Attached please find application for conditiona use from A -1 TV. This item is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday, October 23, 1979. Could you please look over this application and let me know if you find any problems with this by Wednesday, October 17, 1979. Thank you. WAIVER OF NOTICE OF CONDITIONAL USE HEARING The undersigned, being a duly authorized agent and /or officer of Aspen Sanitation District hereby waives notice required under Section 2 -22 of the Official Code of the City of Aspen of the hearing required for the conditional use application presently applied for by A -1 TV, INC., for a TV sales and service facility to be situate in space 111, the Trueman Neigh- borhood Commercial Center, 300 Puppy Smith Road, Aspen, Colorado, hearing upon which is scheduled before the Planning and Zoning Commission of the City of Aspen at its meeting at 5:00 p.m. on October 23, 1979 in the City Council Chambers, Aspen City Hall, 130 S. Galena, Aspen, Colorado. Dated: t C'1 f ?f , 1979 ASPEN SANITATION DISTRICT By i STATE OF COLORADO ) COUNTY OF PITKIN ) AFFIDAVIT OF MAILING ss: RITA L. DUTSCH, being first duly sworn, upon her oath deposes and states: That on the 11th day of October, 1979, I did mail copies of the Notice of Conditional Use Hearing attached hereto and made a part hereof by this reference as Exhibit "A" for and on behalf of A -1 T.V., Inc. to the following named persons at the addresses set forth below: Mrs. Elizabeth Paepcke Box 1082 Aspen, Colorado 81611 Mr. Frank E. Christopher II P. O. Box 8449 Aspen, Colorado 81611 Mona Frost c/o First National Bank, Box 608 Grand Junction, Colorado Susanne E. Reynolds 222 E. Hallam Street Aspen, Colorado 81611 Fred F. Glidden Box 356 Aspen, Colorado 81611 Cap's Auto Supply, Inc.; P. O. Box 500 Aspen, Colorado 81611 I Edward H. Deming David A. Baxter Edward W. Morse III Mountain States Communications, Inc. P. 0. Box Q Aspen, Colorado 81611 with proper postage thereon fully prep L. Rita L. Dutsch Subscribed and sworn to before me this 11th day of � f P October, 1979, by RITA L. DUTSCH. Notary Public My commission expires: Sue F. Elisha Box 529 Aspen, Colorado 81611 Robert G. Marsh Box 378 Aspen, Colorado 81611 Aspen Savings & Loan Trustee Association P. 0. Box 2121 81501 Aspen, Colorado 81611 *^ EXHIBIT "A" NOTICE OF CONDITIONAL USE HEARING NOTICE is hereby given under Section 2 -22 of the Official Code of the City of Aspen of a hearing required under the conditional use application presently applied for by A -1 T.V., Inc, for a TV Sales and Service Facility to be situate in j Space 111 in the Trueman Neighborhood Commercial Center, 300 I , I Puppy Smith Road, Aspen, Colorado, scheduled before the Planning and Zoning Commission of the City of Aspen at its meeting at 5 :00 P.M. on October 23, 1979, in the City Council Cha:ebers, Aspen City Hall, 130 S. Galena, Aspen, Colorado, at which hearing you are invited to attend and participate. DATED: October 11, 1979. A -1 T.V., INC. BY Kenneth Damjanovnch Secretary /Treasurer I I STATE OF COLORADO ) COUNTY OF PITKIN ) AFFIDAVIT OF MAILING P&W RITA L. DUTSCH, being first duly sworn, upon her oath deposes and states: That on the 11th day of October, 1979, I did mail copies of the Notice of Conditional Use Hearing attached hereto and made a part hereof by this reference as Exhibit "A" for and on behalf of A -1 T.V., Inc. to the following named persons at the addresses set forth below: Mrs. Elizabeth Paepcke Box 1082 Aspen, Colorado 81611 Mr. Frank E. Christopher II P. O. Box 8449 Aspen, Colorado 81611 Sue F. Elisha Box 529 Aspen, Colorado 81611 Robert G. Marsh Box 378 Aspen, Colorado 81611 Mona Frost Aspen Savings & Loan c/o First National Bank, Trustee Association Box 608 P. O. Box 2121 Grand Junction, Colorado 81501 Aspen, Colorado 81611 Susanne E. Reynolds 222 E. Hallam Street Aspen, Colorado 81611 Fred F. Glidden Box 356 Aspen, Colorado 81611 Cap's Auto Supply, Inc. P. O. Box 500 Aspen, Colorado 81611 Edward H. Deming David A. Baxter Edward W. Morse III Mountain States Communications, Inc. P. O. Box Q Aspen, Colorado 81611 with proper postage thereon fully preys id. Rita L. Dutsch Subscribed and sworn to before me this 11th day of October, 1979, by RITA L. DUTSCH. Notary' Public My commission expires: EXHIBIT "A" NOTICE OF CONDITIONAL USE HEA RING NOTICE is hereby given under Section 2 -22 of the Official Code of the City of Aspen of a hearing required under the conditional use application presently applied for by A -1 T.V., Inc. for a TV Sales and Service Facility to be situate in Space 111 in the Trueman Neighborhood Commercial Center, 300 Puppy Smith Road, Aspen, Colorado, scheduled before the Planning and Zoning Commission of the City of Aspen at its meeting at 5:00 P.M. on October 23, 1979, in the City Council Chambers, Aspen City Hall, 130 S. Galena, Aspen, Colorado, at which hearing you are invited to attend and participate. i DATED: October 11, 1979. A -1 T.V., INC. By �/lu1.'l�G Kenneth DamjanovAch Secretary /Treasurer OF NOTICE OF CONDITIONAL USE HEARING The undersigned, being a duly authorized agent and /or officer of City of Aspen hereby waives notice required under Section 2 -22 of the Official Code of the City of Aspen of the hearing required for the conditional use application presently applied for by A -1 TV, INC., for a TV sales and i service facility to be situate in space 111, the Trueman Neigh - borhood Commercial Center, 300 Puppy Smith Road, Aspen, Colorado', hearing upon which is scheduled before the Planning and Zoning Commission of the City of Aspen at its meeting at 5:00 p.m. on October 23, 1979 in the City Council Chambers, Aspen City Hall, 130 S. Galena, Aspen, Colorado. Dated:i� WAIVER OF NOTICE OF CONDITIONAL USE HEARING The undersigned, being a duly authorized agent and /or officer of Pitkin County, Colorado , hereby waives notice required under Section 2 -22 of the Official Code of the City of Aspen of the hearing required for the conditional use application i presently applied for by A -1 TV, INC., for a TV sales and V III service facility to be situate in space 111, the Trueman Neigh- borhood Commercial Center, 300 Puppy Smith Road, Aspen, Colorado, hearing upon which is scheduled before the Planning and Zoning Commission of the City of Aspen at its meeting at 5:00 p.m. on October 23, 1979 in the City Council Chambers, Aspen City Hall, 130 S. Galena, Aspen, Colorado. Dated: (9C;to � /,0 1979 M WAIVER OF NOTICE OF CONDITIONAL USE HEARING The undersigned, being a duly authorized agent and /or officer of Aspen School District hereby waives notice required under Section 2 -22 of the Official Code of the City of Aspen of.the hearing required for the conditional use application; presently applied for by A -1 TV, INC., for a TV sales and service facility to be situate in space 111, the Trueman Neigh- borhood Commercial Center, 300 Puppy Smith Road, Aspen, Colorado, hearing upon which is scheduled before the Planning and Zoning i Commission of the City of Aspen at its meeting at 5:00 p.m. on i October 23, 1979 in the City Council Chambers, Aspen City Hall, 130 S. Galena, Aspen, Colorado. Dated: QCt 0 1979 o "* , o LEASE 4 e THIS LEASE is made and entered into this / Z2 7day 1979 by and between TRUEb1AN ASPEN CO., an Ohio limited partnership (hereinafter referred to as "Lessor ") e.nd A -1 T.V., Inc. a Colorado corporation (hereinafter referred to a= "Lessee "). IN CONSIDERATION of the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. P= ''4 Lessor hereby leases to Lessee and Lessee hereby leases from Lessor approximately 1000 square feet of space in the neighborhood shopping center to be constructed in the City of Aspen and State of Colorado to be known as the Trueman Neighborhood Shopping Center (hereinafter referred to as "Shopping Center ") , which space is shown and delineated on the plan attached hereto as Exhibit A and incorporated herein by reference (hereinafter referred to as "Premises "). The Premises are leased together with the appurtenances, including without limitation the right to use in common with others all malls, sidewalks, walkways, recreation areas, parking areas, loading areas, driveways, and other public portions of the Shopping Center. 2. TERM. The term of this Lease shall be for five (5) years. commencing on the Commencement Date as hereinafter defined and expiring, without further notice or act, five (5) years after the C Date. The Commencement Date of this Lease shall be the to occur of the following dates: (a) the day on which Lessee shall open for business'to the public, or (b) thirty (30) days after a copy of a temporary or permanent certificate of occupancy for the premises, issued by the appropriate governmental agency, has been delivered to Lessee. The parties agree that ; thiis Lease r rl, d- '_ ._..n of C; CiIlP.I ?*l C:.oTP,2 nt and tc ^raiP.d tlOn O c._v G ^__ mined, they will execute a memorandum of lease in a recordable form certifying said dates. 3. RENEWAL OPTIONS Lessee shall have (t-x-) (successive) option(s) to extend the term of this Lease for ( -errs} (two) periods) of five (5) years (each) (hereinafter referred to as "First option Period" (and "Second Option Period ", respectively)). The First Option Period shall commence upon the expiration of the initial term (and the Second Option Period shall commence upon the expiration of the First Option Period). Lessee shall notify Lessor in writing of its exercise of such option(s) at least one hundred twenty (120) days prior to the expiration of the initial term with respect to the First. Option Period (and at least one hundred t;•renty (120) days prior to the expiration of the First Option Period with respect to the Second option Period). The Lease shall be extended, as herein provided, upon the same terms and conditions as herein contained, including the increased rent as provided in Paragraph 5 and the additional rent as provided in Paragraph 6. 4. CONSTRUCTION OF SHOPPING CENTER After Lessor has received final plan approval from all the necessary governmental bodies and obtained satisfactory financing, Lessor agrees to commence and thereafter diligently complete construction of the Shopping Center and Premises in accordance with Lessor's basic plans and specifications. Prior to the commencement of this Lease, Lessor hereby agrees to provide the leasehold improvements set forth.on Exhibit B attached hereto. Unless otherwise provided, the lease- hold improvements set forth on Exhibit B will be provided at Lessor's cost and expense. 5. RENT Lessee shall pay to Lessor, at 300 Puppy.SWIth St Aspen, Colo 8 1611 or at such other place or to such other person as Lessor may from time to time designate in a written notice, as Annual Base Rent, without offset or deduction, and ;without previous de therefor, the follo';ring: -2- k (a) During the first three lease years, the sum of $ 9, 000.00 annually. (b) During the fourth and fifth lease years, the sum of $ 9500.00 annually. (c) During the First Option Period, the sum 'shall be negotiated by.Lessor and Lessee as provided in paragraph 3. (d) During the Second Option Period, the sum shall be negotiated by Lessor and Lessee as provided in paragraph 3. Said Annual Base Rent shall be due and payable in advance in equal monthly installments on the first day of each month during the term of this Lease. A prorated monthly installment based on a thirty day month shall be paid for any fraction of a month if the term shall begin on any day except for the first day, or shall be terminated on any day except the last day of any month. 6. ADDITIONAL RENT. The following definitions shall be appli- cable to terms and words as used in this Paragraph: (a) "Base Year" shall mean the twelve (12) month period commencing July 1, 1978 and ending June 30, 1979. (b) "Subsequent Year" shall mean a twelve (12) month period commencing on an.anniversary date of the commencement of the Base Year (e.g. the first Subsequent Year shall co=mmence July 1, 1979 and end June 30, 1980). (c) "Lease Year" shall mean the twelve (12) month period commencing with the Commencement Date of this Lease and each successive twelve (12) month period thereafter commencing with an annivNrsary of the Corrnencement Date. (d) "Operating Expenses" shall mean and shall include the following annual expenses incurred in a calendar year as determined and computed by the accountant of Lessor: real estate taxes assessed against the Shopping Center of Which the Premises are a part; personal property taxes; insurance; aria the cost of labor, materials and services -3- for the operation and maintenance of the Shopping Center of which the Premises are a part, including, but not limited to, the cost of providing heat, lights, power, water, normal repairs, ventilation, janitorial and clean- ing service of common areas, watchmen, guards, and general tenant costs, excluding therefrom alterations, deprecia- tion, and costs of a capital nature, all of said expenses being allocated according to sound and generally accepted accounting principles, consistently applied. (e) ° Lessee's Proportionate Expense Share" shall mean a fraction of which the numerator is the square foot rentable area of Lhe Premises and the denominator is 37,000. If the Operating Expenses for the second Subsequent Year, and each Subsequent Year thereafter during the term of this Lease, as it may be extended, shall be more than the Operating Expenses for the Base Year, Lessee shall pay as additional rent for the fourth Lease Year of this Lease, and each Lease Year thereafter during the term of this Lease as it may be extended, a sum equal to Lessee's Proportionate Expense Share of the amount by which the Operating Expense for such Subsequent Year are greater than the Operating Expenses for the Base Year. Should this Lease terminate prior to the end of a Subsequent Year, the additional rent payable by Lessee for the whole Subsequent Year in which this Lease termi- nates shall be prorated to the date of termination of this Lease and the obligation for payment of the additional rent shall survive the termination of this Lease. If part of the Shopping Center is unoccupied during either the Base Year or any Subsequent Year, the Operating Expenses for such year shall be adjusted so as to reflect the Operating Expenses of the Shopping Center as though fully occupied for the full year by projecting the actual Operating Expenses per square foot of occupied rentable area in the Shopping Center to cover periods whe.-e there is less Shan full occupancy. -4- with reasonable promptness after the expiration of the second Subsequent Year and each Subsequent Year thereafter during the term of this Lease as it may be extended, Lessor's accountant shall furnish Lessee with a comparative statement setting forth in reasonable detail the Operating Expenses for the Base Year and the operating Expenses for the appropriate Subsequent Year and shall accompany such comparative statement with a statement for the additional rent due from Lessee. Lessee agrees to pay such additional rent within twenty (20) days after receipt of such statements. Lessor agrees to make available to Lessee for its e;:amination and inspection all books and records that relate to or have any bearing on the Operating Expenses for the Base Year or any Subsequent Year. 8. US OF PE2Ei�tISES Lessee shall use ,and occupy the Premises only as a _T .. V. & Stere & Service & Accesori Lessee will comply with all laws, ordinances and regulations of all govern- mental authorities and with the lawful directions of public officers which shall impose any order or duty upon Lessor or Lessee with respect to the Premises or the use or occupation thereof, including but not limited to the procurement of any licenses or permits required for any use made of the Premises by Lessee. Lessee shall not use or permit the Premises to be used for any illegal purpose, and will do nothing or suffer nothing to be done upon the Premises in any way tending to create a nuisance or to disturb, annoy or interfere with the right of any other tenant in the Shopping Center or to injure the reputation o the Shopping Center. Lessee shall not use or permit upon the Premises anything which would jeopardize or invalidate any of the insurance coverage on the Shopping Center, or which would increase the insurance pre- miums on the Shopping Center. If by reason of failure of Lessee to comply with the provisions of this section the fire insurance pr.e;niums shall be increased, Lessee will bear the amount of the *Lessee is to build a service area in the rear of his shop. All repair work & equipment is to be kept in the service area and not the sales area of the store. -5- increase and pay the same with the next following installment of rent. 9. REPAIRS Lessor shall repair and maintain in good order and condition the exterior and structure of the Shopping Center and Premises, including without limitation the outside walls, foundations, roof, gutters, downspouts, marquees, all structural members and all wiring, plumbing, pipes, conduits, and other utility fixtures and equipment which serve any premises in the Shopping Center including the Premises, excepting, however, repairs to the same necessitated by act, default or negligence of Lessee, its employees, agents, licensees or contractors, which repairs will be rude by Lessee at its cost. Lessee shall keep and maintain, subject to the warranties of Lessor and damage by fire, taking, and reasonable wear and tear only excepted, the interior of the Premises, including the heating and air conditioning systems, and the plumbing and electrical sys- tems within the Premises and not used in common with other tenants (including the replacement of all or any part of the plumbing and electrical systems as aforesaid which are beyond repair), and all glass, including that in windows.and doors in good order, repair and condition, and shall replace any glass which may be injured or broken with glass of the same quality, except, provided that Lessee shall have complied with the provisions hereof with respect to maintenance, that Lessor shall replace all, or any part, of.the heating and air conditioning systems which are beyond repair. Lessor shall make any interior repairs to the Premises re- quired because of defective or faulty installation or construction during the first Lease Year of the term hereof. Lessor shall make all repairs, alterations and additions which may be required by any laws, ordinances, orders or regulations of any public authori- ties having jurisdiction over the Premises, except that Lessee shall make all such repairs, alterations and additions required by any special use made of the Premises by Lessee. 10. ALTERATIONS. Lessee shall have the right, at its expense, from time to time to redecorate the interior of the Premises and to make such non - structural alterations and changes in the interior thereof as it shall be expedient or necessary for its purposes, provided, however, that such alterations and changes shall not injure the safety of the structure of the Premises, nor diminish its value, and shall be done in a good and workmanlike manner. Lessee may not make structural or exterior alterations and additions without the prior written consent of Lessor. All fixtures and improvements, whether temporary or perma- nent in character, made in or, upon the Premises, either by Lessor or Lessee, shall be Lessor's property, and shall remain upon the Premises at the termination of said Lease by lapse of time or otherwise, without c to Lessee; provided, however, upon Lessor's demand any alterations made by Lessee shall be removed at the termination of the Lease and the Premises restored to their former condition, all at Lessee's expense. All counters, shelving, and other trade fixtures installed by or at the expense of Lessee and susceptible of being removed from the Premises with- out substantial injury thereto, shall remain the property of Lessee, and Lessee shall remove the same at any time during the term hereof, provided Lessee repairs all damage resulting from such removal. Lessee shall prevent any lien or obligation from being created against or imposed upon the Premises by obtaining a Waiver of Mechanic's Lien from any person or entity with which it contracts to perform work or furnish material. If any mechanic's lien or other lien, charge or order for payment for money shall be filed against Lessor, or any portion of the Premises (so long as said lien, charge or order does not originate from any action of Lessor), 1,essee shall, at its o.an cost and expense, cause the same to be -7- ,discharged of record or bonded off within sixty (60) days of the date Lessee receives notice of the filing thereof. If Lessee fails to have said lien, charge or order discharged or bonded off as herein provided, this failure shall constitute a default of this Lease and Lessor shall have the same remedies as are set forth here n, and Lessee shall indemnify and save Lessor harmless against and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorney's fees, resulting therefrom. 11. SERVICES TO BE FURNISHED BY LESSOR Lessor will furnish to Lessee refuse disposal; heated air, at such times as Lessor norMally, furnishes this service to other Lessees in the Shopping Center, and at such temperatures and in such amounts and at such hours as are considered by Lessor to be standard; electrical lighting service for all public areas and special service areas of the Shopping Center in the manner and to the extent deemed by Lessor to be standard; provided, however, that failure by Lessor to any extent to furnish, or any stoppage of, these defined services, resulting from causes beyond the control of Lessor or from any other cause, shall not render Lessor liable in any respect for damages to either person or property, nor be construed as an eviction of Lessee, nor work an abatement of rent, nor relieve Lessee from fulfillment of any covenant or agreement hereof. Should any equipment or machinery break down, or for any cause cease to function properly, Lessor shall use reasonable diligence to repair the same promptly, but Lessee shall have no claim for rebate of rent or damages on account of interruptions in service occasioned thereby or resulting therefrom, and Lessor shall incus no liability whatever for any loss, damage or interruption of serv- ices caused by a strike, whether such strike shall involve employees of Lessor or others, or employees of both Lessor and others. Lessor will properly maintain all the common areas of the Shopping Center, including without limitation keeping them free of obstructions, clean, swept-, and in good repair, and will keep the parking area properly striped to assist in the orderly parking of cars. 12. A SSIGNMENT AND SUBLE TTING. Lessee may not, without prior written consent of Lessor, assign, mortgage or encumber this Lease or any interest thereunder, or sublet the Premises, or any part thereof, or permit the use of the Premises by any party other than Lessee. No assignment or subletting consented to by Lessor shall relieve Lessee from primary liability hereunder, a�.d each and every assignee or sublessee shall be charged with all the provisions hereof. Any consent by Lessor to any assig- ment or subletting shall not constitute the waiver of the necessity for such consent to any subsequent assignment or sub- letting. 13. FIRE AND EXTENDED COVERAGE INSURANCE At all times during the term of this Lease and any extension hereof, Lessor, at his expense, shall keep and maintain on the Shopping Center fire and extended coverage insurance insuring against loss by fire and the risk covered by what is commonly known as extended coverage, in an amount not less than 80% of the full insurable value thereof; exclusive of the foundations. Lessor and Lessee hereby release the other from any and all liability or responsibility (to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage to property caused by fire or any of the extended coverage or supplementary contract casualties, even if such fire or other casualty shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible; provided, however, that this release shall be applicable and in force and effect only with respect to loss or damage occurring during such time as the releasor's policies shall contain a clause or endorsement to the effect that any such release shall not ad- versely affect or impair said policies or prejudice the right of the releasor to recover thereunder. Lessor and Lessee agree that their policies will include such a clause or endorsement so long as tha same shall be obtainable without extra cost, or if extra shall -9- be charged therefor, so long as the other party pays such extra cost.- If extr.z costs shall be chargeable, therefore, each party shall advise the other thereof and of the amount of the extra cost, and the other party, at its election, may pay the same, but shall not be obligated to do so. 14. PUBLIC LIABILITY AND PROPERTY DAMAGE INS URANCE. Lessor shall keep and maintain for the mutual benefit of Lessor and Lessee and all tenants within the Shopping Center at all times during the term of this Lease and any extension hereof, general public lia- bility insurance against claims for personal injury and property damage in, or about the ccmmon areas of the Shopping Center, such insurance to afford protection to the limit of not less than Three Hundred Thousand Dollars ($300,000) in respect to each per- son, and to the limit of not less than Five Hundred Thousand Dollars ($500,000) in respect to any one occurrence causing bodily injury or death, and to the limit of not less than One Hundred Thousand Dollars ($100,000) in respect to property damage. Lessee shall keep and maintain for the mutual benefit of Lessor and Lessee at all times during the term of this Lease and any extension hereof, general public liability insurance against claims for personal injury and property damage in, or about the Premises, sidewalks adjacent thereto, and loading docks, such insurance to afford protection to the limit of not less than Three Hundred Thousand Dollars ($300,000) in respect to each person, and to the limit of not less than Five Hundred Thousand Dollars ($500,000) in respect to any one occurrence causing bodily injury or death, and to the limit of not less than One Hundred Thousand Dollars ($100,000) in respect to property damage. Lessee shall furnish Lessor with a duplicate certificate of such insurance policies. All such insur- ance shall be procured from a responsible insurance company or companies authorized to do business in Colorado. All such policies shall provide that the same may not be cancelled or altered, except -10- upon ten days prior written notice to Lessor and Lessee. 15. INDEMNIFICATION Lessee shall indemnify and save Lessor harmless from any and all claims, demands, judgments, expenses of litigation and cost of action growing out of or in any way connected with any violation or breach of any laws, statutes or ordinances, whether occasioned by the act or neglect of Lessee or by any person or persons holding or claiming through or under Lessee, except if occasioned by the act or neglect of Lessor, or arising out of any accident, wrong or other occurrence causing or inflicting injury or damage to any person or property whomsoever or whatsoever happening or done in, upon or to the Premises, due directly or indirectly to the tenancy, use or occupation of the Premises or to any part thereof by Lessee or any person or persons holding or claiming through or under Lessee. Lessee shall, at its own expense, defend any and all actions that may be brought against Lessor, or in which Lessor may be impleaded with others, upon any such above - mentioned claims, and shall pay and discharge any and all judgments which may be recovered against Lessor in any such actions. 16. LOSS OR DAMAGE Lessor shall not be liable or responsible for any loss or damage to any property or person occasioned by theft, fire, water, rain, snow, acts of God, riot, strike, or any other matter beyond the control of Lessor, or for any damage or. inconvenience which may arise through repair or alteration of any part of the Shopping Center, -or failure to make such repairs, or from any cause, whatever, unless caused solely by Lessor's gross negligence. 16. DAMAGE OR DESTRUCTION OF PREMISES. In the event the Premises shall be partially destroyed or damaged by fire or other insured peril at any time during the term of this Lease or any extension -11- thereof, Lessee shall give immediate notice tht=eof in writing to Lessor and shall fully cooperate with Lessor in filing all necessary proofs of claim with insurance companies. If permitted by his lender, Lessor shall forthwith cause the damage to be repaired and the Premises restored to its condition immediately prior to such damage with all reasonable dispatch, and this Lease shall continue in full force and effect except that the rental hereunder shall abate during the repair period on a per diem basis in proportion to the amount of floor area of the Premises of which Lessee is deprived, unless such fire or peril is caused by Lessee's negligence, intentional or unintentional, in which case the rental shall not abate but will continue uneffective during the repair period. If the Premises shall at any time be substantially or totally damaged by fire or otherwise, then Lessor, if permitted by his lender, will repair or replace the Premises to substantially the same condition as prior to the damage or destruction within one hundred twenty (120) days from the date of said damage or destruc- tion. During the period of reconstruction, this Lease shall con- tinue in full force and effect, provided that the rent and other charges hereunder shall abate pro -rata as provided above. Except as hereinafter provided, if the Premises have not been repaired or replaced to such condition within one hundred twenty (120) days, Lessee may at its option (to be exercised by written notice to Lessor) terminate this Lease. If the Premises can not be substan- tially repaired or replaced within the one hundred twenty (120 day period due to the shortage of materials and labor, strikes, acts of God, inclement weather, governmental restrictions, or other conditions bevond the control. of Lessor, then the time of comple- tion of such repair or replacement shall be extended accordingly; provided, however, if the repair or replacement of the Premises has not been completed within a period of one hundred eighty (180) days from the date of such damage or destruction, Lessee may at its option (to be exercised by written notice to Lessor) terminate thi Lease. -12- F" v s. J In the event of any damage or destruction occurring during the last twelve (12) months of the initial term of this Lease, or any extension thereof, to the extent of 50% or more of the insurable value of the Premises, Lessor or Lessee may elect to terminate this Lease as of the date of the destruction or damage, by giving notice of such election within fifteen (15) days after such damage or destruction 17. CONDEMNATION. If the entire Premises shall be taken in appropriation proceedings or by any right of eminent domain or the Shopping Center shall be deprived of access to the adjacent highways, then this Lease shall terminate and be void from the time when possession thereof is required for public use, and such taking shall not operate as or be deemed an eviction of Lessee or breach of Lessor's covenant for quiet enjoyment; but I.,essee shall pay all rent due, and perform and observe all other covenants hereof, up to the time when possession is required for public use. If such proceeding results in the taking of only a portion of the Premises, this Lease shall continue in full force and effect for that part of the Premises not taken. In event of such partial taking, Lessor shall, if permitted by his lender, forthwith re- pair and restore, at his cost and expense, the Premises and improve- ments to as nearly as possible their condition immediately prior to such taking. From the date of the vesting of title in such condemnation proceedings to the date of the completion of the repairs and restoration of thb Premises, there shall be an abate- ment of the annual base rent, except for the portion of the Premises, if any, that Lessee shall be able to use for his business. After the repairs and restoration have been completed following the partial taking, the annual base rent for the unexpired term shall be reduced by that portion which the area so taken shall bear to the entire area of the Premises immediately prior to such taking. In such condemnation proceedings, Lessor shall be entitled to receive and retain any award for damages for the land, building and -13- Premises and Lessee shall have no claim against Lessor for the value of any expired term of this Lease. Notwithstanding the foregoing, Lessee shall be entitled to appear and claim, prove and receive in said condemnation proceedings an award that represents the then value of installations made by Lessee in the Premises at Lessee's expense and for Lessee's trade fixtures. 18. HOLD Should Lessee hold over in possession at the expiration or termination of this Lease, such holding over shall not be deemed to extend the term of this Lease, but the tenancy thereafter shall continue on a month to month term upon the pro - covenants and agreements herein set forth until terminated by either party by notice given to the other party designating the date of termination, which notice shall be given thirty (30) days or more before such date. 19. UTILITIES Lessee shall pay for its own gas, telephone, electricity, and other utility services used or wasted by it on the Premises, including any taxes or other public charges or assessments levied against any of said charges and costs. Lessee shall pay all such utility charges when billed and before delin- quent during the term of this Lease or any extension thereof. Lessee shall keep the Premises free of any liens created by Les- see's failure to make such payments. 20. LESSOR'S RIGHT OF A TO PREMISES Lessee shall permit Lessor, and his agent, to enter upon the Premises at all reason- able times to examine the condition of the same, and shall permit Lessor to make such repairs as may be required in order to comply with the requirements of any public authority having jurisdiction of the Premises or such repairs as may be required in the event Lessee shall fail to comply with its covenants to repair. Lessee shall permit Lessor, and his agent, at reasonable times to conduct prospective tenants or purchasers through the Premises. -14- 21. SURRENDER OF k EMISE S. Lessee will not '''mmit or allow any waste or damage to be committed on any portion of the Premises, and shall, at the end of the term of this Lease, whether or not accelerated, quit and surrender the Premises in as good condition and order as they were at the commencement of the term hereof, or may be put thereafter, reasonable use and natural wear and tear thereof excepted. 22. DEFACING PREMISES Lessee shall not place anything or allow anything to be placed near the glass of any door, partition, wall or window which will be unsightly from outside the Premises, and shall not place or permit to be placed any article of any kind on any window ledge or on the exterior wall; blinds, shades, awnings or other forms on the inside or outside the window coverings, or similar devices, shall not be placed in or about the outside win- dows on the Premises except to the extent, if any, that the character shape, color, material and make thereof is approved by Lessor. 23. SIGNS Lessee shall have the right, at its expense, and in conformity with applicable law and ordinances, and subject to the prior written approval of Lessor, to erect, if it so elects, an identifying sign on the exterior front wall of the Premises. Upon termination of this Lease, Lessee shall remove said sign and repair any damage to the Premises caused by such removal. Lessor shall erect a general pylon sign advertising the Shopping Center as a whole, which shall be clearly visible to the general public from thoroughfares adjacent to the Shopping Center. Lessor agrees that Lessee, at its option, shall have 2_7 % of all such available pylon sign space. Lessee agrees if it shall elect to be identified on the pylon sign to pay for 2.7 of the costs of the pylon facing. Lessee shall have the further right to erect, maintain, place and install its usual and customary signs and fixtures in the interior of t;7e Premises. 24. DEFAULT BY LESSEE In the event of any default on the part of Lessee in the payment of any charges as herein provided, Lessor at his option, may but shall not be reUuired, to pay the same. If Lessee shall fail to perform and observe any of the covenants, -15- E conditions and agreements of this Lease on its part to be performed and kept, Lessor at his option may cause the same to be done, and upon demand by Lessor, Lessee shall forthwith reimburse Lessor for all costs and expenses thereof. All such payments made by Lessor shall bear interest from the date of payment at the rate of eight percent (III) per annum, and rental due to Lessor shall bear interest from the due date at said rate. It is further agreed that if said base rent, additional rent and other payments required to be made by Lessee shall at any time be in arrears and unpaid for a period of ten (10) days after the same becomes due and payable, or if Lessee shall fail to keep and perform any of the covenants, agreements or conditions of this Lease on its part to be kept and performed, and such default shall continue for thirty (30) days after notice thereof in writing to the Lessee, or (a) if Lessee shall abandon or vacate said Premises during the term of this Lease or any extension thereof, or (b) shall make an agreement for the benefit of creditors, or (c) if the interest of Lessee in said Premises shall be sold upon execution or other legal process, or (d) if Lessee shall be adjudged bankrupt, or (e) shall petition for relief under bankruptcy or similar laws, or (f) if a receiver or custodian shall be appointed for Lessee by any court, Lessor may, at his election, at any time thereafter, terminate this Lease and may re -enter said Premises and again repossess and enjoy the same as if this Lease had not been made, or may elect not to re -enter and may continue to collect rent and enforce the provisions of this Lease. Upon such re- entry, Lessor shall have the option either to treat this Lease as at an end, in which event Lessee shall have no liability thereafter accruing, or to treat the same as still subsisting. If Lessor shall elect to treat this Lease as at an end, then Lessee shall be liable for the rent and for the performance of other obligations which may have accrued hereunder. However, if Lessor shall elect to treat said Lease as still subsisting, then the entire rent due hereunder -16- shall become immediately due and payable and Lessor shall make efforts to relet said Premises and as the agent of Lessee, receive the rents therefor, applying the same first to the payment of any reasonable expenses that Lessor may have incurred in reletting said Premises, and then to the payment of the rents and fulfill- ment of the covenants of Lessee herein contained, and Lessee shall thereupon be liable for any default of rent or other breach of obligation which may arise during the remainder of said term. The commencement of proceedings or suit in forcible entry and detainer or ejectment, or otherwise, shall be equivalent in every respect to actual entry by Lessor, irrespective of its election, n ..ai,i p-roceedings may be maintained for such purpose and this Lease shall not bar such action. In the event Lessor elects to terminate this Lease by such re- entry, this Lease and the estate hereby granted and demised and everything herein contained on the part of the Lessor to be performed, fulfilled and kept, shall cease, terminate and be void, and this Lease and all improvements upon the Premises shall be forfeited to Lessor without compensation therefor to Lessee. Lessor shall, at his option, be entitled to all of the right, title and interest of Lessee in, to and under any and all sub- leases made by it and in and to the rents by the terms of said sublease or subleases, or Lessor may, at his option, reject any such subleases and thenceforth such subleases shall become null and void, except as to any sublease which Lessor shall have there -. tofore approved in writing. Notwithstanding such forfeiture, Lessor may sue for and collect from Lessea all rents, payments or other charges which shall have been uncollected up to the time of Lessor's re- entry. Such right to sue and the right to forfeit and re -enter are cumulative and not exclusive of each other or any other lawful right or remedy that Lessor may have, and the fact that Lessor may have brought -17- c suit and recovered a judgment for rent or other sums in default hereunder, shall not impair his right to forfeit this Lease and re- enter, upon the terms hereinbefore provided, in case the default upon which suit was based shall continue unsatisfied for the period of time hereinbefore stipulated for such forfeiture and re- entry: 25. NOT All notices or demands upon the Lessor or Lessee desired or required to be given under any of the provisions hereof shall be in writing. Any notices or demands from the Lessor to the Lessee shall be deemed to have been duly and sufficiently giver if a copy thereof has been mailed by U. S. Certified Mail in an envelope properly stamped and addressed to the Lessee at Aspen, Colorado' 81611 or at such other address as Lessee may theretofore have furnished by written notice to Lessor; and any notices or demands from the Lessee to the Lessor shall be deemed to have been duly and sufficiently given if mailed by U. S. Certified Mail in an envelope properly stamped and addressed to the Lessor at 523 South Third Street, Columbus, Ohio 43215, or at such other address as Lessor may theretofore have furnished to Lessee by written notice. 26. QUIET E NJOYMENT . Subject to the provisions hereinabove con- twined, Lessor hereby covenants that Lessee, upon performance of all the obligations on its part to be performed, shall and may peacably and quietly hold and enjoy the Premises for the term hsr ?of without hindrance or molestation by Lessor or anyone claim- ing by, through or under Lessor. 27. ESTOPPEL CERTIFICATES. Lessee agrees, at any time, and from to time, upon not less than ten (10) days prior request by Lessor, to execute, acknowledge and deliver to Lessor,a statement in writing certifying, if such be the case, that this Lease is unmodified and i_n full fo_ce and effect (o"; if there have beenmodifications, -18- stating the modifications, and that the Lease as modified is in full force and effect), and that there are no defenses or offsets thereto then accrued, or stating those claimed by Les- see, and the dates to which the rent and other charges have been paid, it being intended that any such statement delivered pursuant to this paragraph may be relied upon by any prospec- tive purchaser of, or any prospective holder of a deed of trust upon the Premises, or the Shopping Center or by any other proper- ly interested party. 28. SUBORDI Lessee does hereby agree, upon prior written request by Lessor to Lessee, to execute and deliver written sub- ordination agreements whereby•Lessee's interest in the Premises are subordinated to the lien of any deed of trust, or the lien resulting from any other method of financing or refinancing, now or hereafter in force against the Shopping Center of which the Premises are a part; provided,.however, that such subordination agreements shall contain a provision whereby the parties acknow- ledge that so long as Lessee is not in default of his obligations under this Lease, Lessee's enjoyment, use and possession of the Premises and all of Lessee's rights and privileges under this Lease shall not be diminished or interfered with and this Lease shall remain in full force and effect throughout the term of this Lease and any extension hereof. 29. MISCELLANEOUS This Le - ase and each and every one of the agreements, provisions, covenants and conditions hereof shall be for the benefit of and be binding upon the parties hereto and each of them and their respective heirs, executors, administrators, representatives, successors and assigns. This Lease contains all of the agreements, provisions, coven- ants and conditions made between the parties hereto and may be -19- modified only by an agreement in writing signed by said parties. Any exhibit attached hereto or required herein to be made a part of this Lease shall have the same force and effect as though con- tained herein. This Lease and all performance, constructions and interpretations hereof shall be governed by laws of the State of Colorado. The fact that this Lease was drawn by either party hereto shall not be held against said party. Whenever herein the singular number is used, the same shall include the plural where appropriate and the words of any gender shall include any other genders where appropriate. The paragraph headings and titles of exhibits are inserted as a matter of convenience and are not a part of this Lease, nor do they affect its terms and conditions. This Lease may be executed in any number of duplicates all of which shall be deemed an original and all of them shall con- stitute one and the same agreement; provided, that, it shall only be necessary to produce one duplicate of such Lease for proof. In the event that any proceedings are brought for fore- closure, or in the event of the exercise of the power of sale under any mortgage or deed of trust covering the Premises, Lessee agrees, upon prior written notice by Lessor to Lessee of such foreclosure or sales, to attorn to and recognize the purchaser thereunder as Lessor under this Lease; provided, however, that Lessee shall not be required to assume any additional legal or financial obligations thereby; and provided further that such purchaser shall acknowledge that so long as Lessee is not in default of its obligations under this Lease, Lessee's enjoyment, use and possession of the Premises and all of Lessee's rights and privileges under this Lease shall not be diminished or interfered v;ith nd this Lease shall remain in full force and effect throughout the term of this Lease and any extension hereof. The waiver by one party of the performance of any agreement, provision, covenant or conditions shall not invalidate this Lease, nor shall it be considered a waiver by it of any other agreement, provision, covenant or condition.. -20- . i In the event that either party is required to commence any action or proceeding against the other in order to enforce the provisions hereof, the prevailing party therein shall be entitled to recover all reasonable costs incurred in connection therewith, including reasonable attorney's fees. Time is hereby declared to be of the essence in each and every term, agreement, provision, covenant and condition hereof. Lessor warrants and agrees to save and hold Lessee harmless from any and all sales commissions, costs and liability with resi?ect to the Premises regarding any real es broker or salesman, other than those real estate brokers or salesmen Lessee has dealt with or employed. If any term, agreement, provision, covenant or condition of this Lease is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Lease, or any extension hereof, such item shall be fully severable. This Lease shall be construed and enforced as if such illegal, invalid or unenforceable item had never comprised a part of this Lease and the remaining term, agreement, provision, covenant or condi- tion of this Lease shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable item or by its severance from this Lease. Furthermore, in lieu of such illegal, invalid or unenforceable item, there shall be added automatically as a part of this Lease an item as similar in terms to such illegal, invalid, or unenforceable item as may be legal, valid and enforceable. If Lessor shall fail to perform any covenant, term or condi- tion of this Lease upon Lessor's part to be performed, and if as a consequence of such default, Lessee shall recover a money judg- ment against Lessor, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Lessor in -21- the Shopping Center and out of rents or other income from such property receivable by Lessor, or out of the consideration received by Lessor from the sale or other disposition of all or any part of Lessor's right, title and interest in the Shopping Center and Lessor herein shall not be liable for any deficiency. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. Signed and acknowledged LESSOR: in the presence of: TRUEb1AN - ASPEN CO., an Ohio limited partnership By es R. Trueman 2anaging General Partner LESSEE: STATE OF OHIO ) SS: COUNTY OF FRANKLIN ) By: /K1 Ken / Daamjanovich, sec, treas. Ken Dam'anovichs Personally The foregoing instrument was acknowledged before me this y t day of I. i, „,:{ i , 197 by James R. Trueman, Managing eneral Partner'of Trueman Aspen Co., an Ohio limited partnership. Witness my hand and official seal. No ary Public . My Conanission Expires: STATE OF COLORADO ) SS: COUNTY OF The foregoing instrument was acknowledged before me this day of t; t, 1976_ by as i of (r ,i Tlr a Colorado corporation. Notary Public -22- `X'i BLI f. J, A m 'f ' r �.c �� -�- � =3._ N O I c ii 3 !-A NA COPLANO FINHOtM PAGMAN YAW LTD ".(:1fl - IFCTS PLANNf,6 Sol I:A] A'IE 1 XXifi_i';JT !? Aspen Ccmmarc (i) Party Wall Partitions: Conventional wocd staggered stud via1L insulated for sound control. Finished 5/8 -inch drywall each side coq. Lrvuous'to the underside of dark; painted with two, -. . coats o; standard off -white latex paint. _ (2) Ceiling: - _s ' 2 x e suspended acoustical lay -in tile, white. (3) Floor Covering: Vinyl asbestos -tile at an allowance of $.SO per square foot. (4) Base: Black vinyl, four Lnc -es (4 ") . (5) Trim: Wood door and window framing that matches er_t2rior, staL-ied_ (o) LightLng: Equal to standard 2' x 4' four -tube fluorescent fl>tur°s. One fia�ure per 80 square feet of leased area. (7) Light Switches: One snitch par 400 square feet of leased area _ (8) Electrical Receptacles: One 110 volt wall- mour•.ted, dupIax receptacle per 100 square feet of leased area - (9) Electrical Supply: One 100 amp. service per 1,000 square feet of leased area, or equal. - _ MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Sunny Vann, Planning Office RE: A -1 TV, Inc. - Conditional Use Hearing DATE: October 18, 1979 The attached letter requests conditional use approval for the relocation of A -1 TV, Inc., a TV /stereo sales and service facility, to the Trueman Neighborhood Commercial Center. The applicant, Mr. Ken Damjanovich, wishes to occupy Space III which totals approximately 1,000 square feet and is located in the Center's lower level. This meeting is a public hearing to review the applicant's request. The Trueman Commercial Center has received prior SPA designation. Specific uses permitted under the governing SPA development plan include all uses currently allowed within the S /C /I and NC zoning districts. A TV sales and service facility is specifically listed as a conditional use in the NC district and is therefore consistent with the objectives and purposes of both the zoning code and NC zoning district. Conceptually, the Planning Office, with the concurrence of the City Council, originally envisioned the Center as containing S /C /I uses on the lower level while restricting NC uses to the ground level. Although a TV sales and service facility is a conditional NC use, it demonstrates, in the opinion of the Planning Office and the City Attorney, sufficient characteristics of an S /C /I permitted use to insure its compatability with the Center's existing lower level tenants. These tenants currently include such uses as a key shop and a commercial bakery. In summary, the Planning Office finds a TV sales and service facility to be consistent both legally and philosophically with the approved SPA development plan and therefore recommends approval of this conditional use request without condition. TV, itional Use is Hearing Hunt moved to approve the conditional use of up to 600 square feet of the Floradora Building for broadcasting studios provided that, concerning the antenna system, 1) initial height, size and design are as represented by the applicant's letter of September 20, 1979, and the HPC, assisted by the Engineering and Building. Departments, shall have review and approval authority so as to minimize the visual impacts on Main Street and minimize the visual impact for the neighboring residence as much as is practical, and 2) any increase in height or any increase in visual area greater than 10% of the originally approved design shall require HPC approval. Otherwise, the application is in con- formance with the principles of the Main Street uses under the existing zoning code and has no forseeable impact on land use or public good, McDonnell seconded. All in favor, motion approved. Anderson resumed his position.on the commission Vann introduced the application. A -1 TV wishes to locate in e the Trueman Neighborhood Commercial Center. They.reeuest approximately 1000 square feet in the basemert.level. The SPA plan allows this use as a conditional use. The�Planning Office recommends approval.' i Hunt felt it would only be appropriate if sales and repair occur. c Hedstrom opened the public hearing. There were no comments. Hedstrom closed the public nearing. Hunt moved to approve the conditional use of a TV Bales and service facility in space 3'of the Neighborhood Commercial Center as such use is consistent with the ap- proved NC and S /C /I plan, Pardee seconded. All in favor, motion approved. it Commercial Hedstrom explained the procedure for the benefit of- the new ications for P &Z members. Reents explained the criteria for evaluation. , Public The Commission heard the applicant's presentations of their ing projects. Mountain Ashley Anderson, representing the applicant, introduced ciates Building Jack Lawlor, architect for the project. The site is across from Little Nell on Durant. He felt this is a very impor- tant portion 'of the commercial core. The Aspen A's will be torn down which he felt was an improvement to the City scape He asked that they disregard the HPC results. Hunt noted some open space .•between the two buildings and asked if they owned the property. Anderson said they do own.the property. Hunt asked if they intend to develop the property in the future, Anderson said yes. Anderson noted they could build up to 18,000 square feet and they are building 13,500. The open space is above the required. He noted they will give the existing tenants. priority for space in the new building. I)m 6n, !L- 9 Mountain Sports Bob Sterling, architect, gave the presentation. They are n -' modifying the facade of the building and adding a second story. He felt they were cleaning up the lines of the building and noted it would serve as an example for the in, building to be built between Bell Mountain Sports and the' . ' Crystal Palace in a few years. ie are Jerry McCarthy made the presentation. He stated the bui.ldin, was designed to allow the existing Epicure to dominate the block. He felt the open space courtyard was an important fifer part of the building. There is employee housing on the second floor. fie noted the landscape plan for the open 'space. fie noted they are considering a pedestrian access to October 2, 1979 City of Aspen Planning Department and Planning & Zoning Commission 130 S. Galena Aspen, Colorado 81611 RE: A -1 T.V., Inc. Ladies and Gentlemen: Application is herewith made for approval of a Conditional Use Permit to relocate A -1 T.V., Inc. from the Concept 600 Building, 600 E. Main Street, Aspen, Colorado, to the Trueman Commercial Center on Puppy Smith Road, Aspen, Colorado. Attached hereto is a copy of the lease entered into for the premises for A -1 T.V., Inc. The proposed space is 1,000 square feet in size. It is pointed out that a specific conditional use in the Neighborhood Commer- cial Zone is a "TV Sales and Service Shop." The applicant would point out that it has been in business in the Aspen community for approximately ten years and wishes by change of location to improve the physical quality of its sales and service facility in keeping with its increased business volume and demands. The applicant believes the proposed location presents the most viable business available, and that site is consistent with the development of the Trueman Neighborhood Commercial Complex. Very truly yours, A -1 T.V., INC. By Ken Damja ovich Secretary/ Treasurer KD:rld Enc.