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ASPEN OFFICE GARFIELD & HECHT P. C. AVON OFFICE
601 East Hyman Avenue r • 0070 Benchmark Road
Post Office Box 5450
Aspen, Telephone n el (9 70 ) 25 11
Telephone (970) 925 -1936 ATTORNEYS AT LAW Avon, Colorado 81620
Facsimile (970) 925 -3008 Telephone (970) 949 -0707
Since 1975 Facsimile (970) 949 -1810
GLENWOOD SPRINGS OFFICE
The Denver Centre www.garfieldhecht.com BASALT OFFICE
420 Seventh Street, Suite 100 River View Plaza
Glenwood Springs, Colorado 81601 100 Elk Run Drive, Suite 220
Telephone (970) 947 -1936 Basalt, Colorado 81621
Facsimile (970) 947 -1937 Telephone (970) 927 -1936
David L. Lenyo Facsimile (970) 927 -1939
Aspen Office
e -mail: chagen @garfieldhecht.com
April 10, 2007
Chris Bendon
Community Development Director
City of Aspen
130 South Galena Street, 3d Floor
Aspen, Colorado 81611
Re: Request Under The Colorado Open Records Act
Dear Chris:
As we have previously discussed, we have been trying for months to
obtain the underlying files relating to the 1997 SPA rezoning approvals and
the related approvals for the "straw bale" house and the tree house on the
Mushroom Property at the Hallam Lake Preserve. We have been unable to
locate the underlying files at the offices of Community Development for the
City of Aspen. We understand that you circulated an e -mail to assist us in
locating the files but did not receive any response which identified its
location. We have also recently requested copies of these materials directly
from ACES, but the attorney for ACES advises us that ACES has not yet
been able to locate its internal planning files.
We have recently discovered a letter written by Mrs. Paepcke which
provided, among other things, that her consent to the ACES application to
rezone the Mushroom Property to an academic zone district with an SPA
overlay was conditioned upon compliance by ACES with the strict terms of
her letter which prohibited visitor parking. A copy of her letter is attached as
Exhibit 1. While the 1997 ordinance references P &Z special review approval
GTYATTORNEI"S OFFICE
APR 13 2001
® Printed on recycled paper
175746vI
GARFIELD &HECHT, P.C.
Chris Bendon
April 10, 2007
Page 2 of 3
granted for the visitor parking lot which currently exists on the Mushroom
Property.
In order to make sure that we have exhausted all avenues available to
review the file, we are following up on our prior informal requests and
formally requesting production of the City files regarding the 1997 SPA
approvals as set forth in Ordinance No. 6 (Series of 1997) attached hereto as
Exhibit 2. In particular, we request, pursuant to C.R.S. 24 -72 -201, et seq.
(commonly known as the "Colorado Open Records Act "), that the custodian of
records of the records described below respond to us in writing, or by
telephone, setting the date, hour and location when and where the records
will be available to us for inspection and copying.
We further request that the date and hour set for the inspection
and copying of records be made within a reasonable time after receipt of this
request. A "reasonable time" is defined in C.R.S. 24 -72 -203 (3)(b) as three
working days or less or, if extenuating circumstances exist, an extension of
time is allowed, not to exceed seven working days. We would be willing to
accommodate a request by the City for additional time to respond considering
the age of the file and the difficulties we have encountered in the past
locating it. If the files cannot be located, we would greatly appreciate
receiving a letter confirming that the City has searched its records and
cannot locate any documents responsive to our requests.
PUBLIC RECORDS REQUESTED TO BE
MADE AVAILABLE FOR INSPECTION AND COPYING
Any and all documents relating to the development approved by City of
Aspen ( "City ") in Ordinance No. 6, Series of 1997, including, but not limited
to documents relating to (1) land use, growth management quota system,
rezoning or other applications, (2) City staff or any other agency memoranda,
(3) communication between the Aspen Center for Environmental Studies
( "ACES ") and the City relating to the development, (4) the "Tree House" and
"Straw Bale Structure," (5) communications with Elizabeth Paepcke or her
Estate regarding the development, (6) impacts on the natural environment,
175746 -1
GARFIELD &HECHT, P.C.
Chris Bendon
April 10, 2007
Page 3 of 3
(7) site plans, (8) building footprints, (9) easements, (10) final development
plans, (11) parking allowances, requests or restrictions, (12) compliance with
the City's conditions of approval for Ordinance No. 6, Series of 1997, (13)
proposed or final SPA plats or SPA agreements, (14) building permit
applications, (15) building permits, (16) certificate(s) of occupancy and (17)
building inspector reports or approvals.
Please call if you have any comments or questions.
Thank you.
Sincerely yours,
David L. Lenyo
DLL cah
Enclosure
cc John P. Worcester, Esquire
175746 -1
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Tara O'Bradovich
From: elkmtnplan @aol.com
Sent: Tuesday, April 24, 2007 3:08 PM
To: Tara O'Bradovich
Cc: John Worcester
Subject: Puppy Smith History
Attachments: to chris Bendon on zoning.doc; ACES- PuppySmithlnterpretation.doc
to chris Bendon on ACES- PuppySmithln
zoning.doc ... terpretation....
Tara -
Here is a letter I sent to Chris Bendon to interpret the zoning on the property. The e-mail I referred to is attached as an exhibit to the
letter.
Attached is his interpreation as well. Let me know if I can help with anything else. Wish I could have saved you the brain damage :)
Julie Ann Woods, AICP /ASLA
Elk Mountains Planning Group, Inc.
PO Box 11891 Aspen, CO 81612 (970)- 923 -9485 PO Box 2799 Crested Butte, CO 81224 (970) 349 -6236
Cell: (970) 948 -0802
E -mail: elkmtnplan @aol.com
AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com.
1
THE ELK MOUNTAINS PLANNING GROUP, INC.
P. O. Box 11891
Aspen, CO 81612
P.O. Box 2799
Crested Butte, CO 81224
T /Fax: 970- 923 -9485 (Aspen)
T /Fax: 970- 349 -6236 (CB)
Mr. Chris Bendon, Director Cell: 970 - 948 -0802
Community Development Department E -mail: elkmtnplan @aol.com
City of Aspen
130 S. Galena St.
Aspen, CO 81611
July 18, 2006
RE: Interpretation on Zoning for the proposed Puppy Smith Housing Property
Dear Chris:
On behalf of the City of Aspen Asset Dept., and in conjunction with Willis Pember
Architects, my firm is in the process of seeking eligibility for a COWOP process for the
Puppy Smith Housing project. We are tentatively scheduled to appear before Council on
September 11, 2006, and are required to provide notice to neighbors within 300' of the
subject site. The issue that came up in our meeting with James Lindt and Joyce Allgaier
is what are we noticing for (from what zoning), and what parcel are we measuring the
300' from in order to send out public notices.
Attached as Exhibit A is a copy of an e -mail that I sent to Ed Sadler and the Asset Dept.
earlier this Spring regarding the existing zoning on the proposed Puppy Smith Housing
site. The official zoning map shows this portion (the 10,000 s.f. site immediately behind
the Electric Dept. building) of the ACES property zoned R -15 with a PUD overlay
(approximately 4 acres), while the remainder of the ACES property was properly
depicted as A Academic with an SPA overlay (approximately 21 acres). We have
determined that City Council approved new zoning (by passing an ordinance) for the
entire ACES property, which was A Academic with an SPA overlay. This new zoning
was not reflected on the official zoning map, and the SPA was never filed with the
County Clerk and Recorder's office. The case file is missing in action.
First of all, we believe that this project will have little impact on the immediate
neighborhood (only three units and few neighbors in the vicinity), and we would like to
be able to measure the distance for noticing purposes from the 10,000 s.f. site instead of
the entire ACES property. If you determine that ACES failed to consummate its new
zoning by not recording the final SPA (which was a condition of approval) and want to
include the entire ACES property into the COWOP process, this would be a very
different project than the one we have been working with the Asset Dept. on to date.
Under Section 26.210.020 (B) (5), we are requesting your interpretation of the correct
zoning of this parcel, and verifying the parcel from which we will measure the distance
for public noticing purposes. We understand that you have fifteen (15) days to render
PLANNING•HISTORIC PRESERVATION•LANDSCAPE ARCRITECTURE•COMMUNITY DECISION - MAKING
your interpretation, in accordance with Chapter 26.306, upon acceptance of a complete
application. Please let me know if there is any other information you will need in order
to make this interpretation.
Chris, thanks for your time and assistance in this matter. We look forward to hearing
from you soon.
Sincerely,
Julie Ann Woods, AICP /ASLA
President
Elk Mountains Planning Group, Inc.
Cc: Troy Rayburn, Asset Dept.
James Lindt, Community Development Dept.
Willis Pember, WPA
PLANNING•HISTORIC PRESERVATION•LANDSCAPE ARCHITECTURECOMMUNITY DECISION - MAKING
Exhibit A
Zoning Map Designation:
1. The subject property currently has R -15 zoning with a PUD overlay over it (approx. 4 acres). It
would appear that this underlying zoning has been on that portion of the property for some time,
and the PUD appears to be an early designation, often given to properties with unusual
topographic features. There is no record of a PUD specific to this property.
2. The remainder of the ACES property has A Academic zoning with a Specially Planned Area
(SPA) overlay. This includes the lake, most of the grounds, and the employee housing (approx.
21.5 acres).
3. I believe this is a map error, and that Ordinance 6, Series of 1997 rezoned the R -15 and
PUD portion to A Academic and SPA overlay. However, there is no record that the SPA
development plan and agreement were ever recorded.
Building Permit File:
4. The five (5 ) attached employee units were constructed but never CO'd. A condition of the
permit was that the SPA plan needed to get recorded prior to CO. Hence, no CO was ever
issued.
SPA Case File:
5. The SPA case file is Missing in Action. We have checked with both the city planners and
Suzanne Wolf, County Planner, who was the case manager of the ACES project when she
worked for the city. We cannot find the file.
6. The city clerk has the case file noted in their electronic list of land use cases (so we know that
a case was created, and presumably made its way to the city clerks office long enough for them
to note the case number in their electronic list), but the case was never scanned, therefore it's
contents is not available electronically. We cannot verify any of the development regulations
as proposed as part of the SPA development plan.
Public Hearing Record:
7. The staff reports for the SPA approval (dated 1/27/97 and 2/24/97) indicate that the Housing
Office wanted a restriction that stated that if ACES employees were not to occupy the housing
units, that they would be available to the qualified general public. It goes on to note that the
"deed of the Paepcke Estate to ACES states that 'the subject property...may be used for
buildings to house employees and visiting faculty. "' Condition 7 of the ordinance allows ACES to
have the first choice to rent the Category 2 units.
8. The staff report states "The applicant proposes to rezone the entire property (25 acres) to the
Academic zone district, " and refers to the R -15 (city) and AFR -10 (county) zoning present at that
time. The AFR -10 parcel was subsequently annexed into the city.
9. Condition 2 of the staff report recommends that the "Specially Planned Area agreement shall
be recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the
property owners subject to the development order, their successors and assigns, and shall
constitute the development regulations for the property." It further goes on to state, "Failure on
the part of the applicant to record the final development plan and SPA agreement within a period
of one hundred eighty (180) days following its approval by city council shall render the plan
invalid. Reconsideration of the final development plan and SPA agreement by the commission
and city council will be required before its acceptance and recording."
10. Ordinance 6, Series of 1997 was approved, specifically Section 2 clearly indicates that the
zone district map is amended to rezone the Aspen Center for Environmental Studies to the
Academic zone district. It refers to a legal description attached as Exhibit A. That Exhibit is not
attached to the ordinance.
County Clerk & Recorders Records:
PLANNING•HISTORIC PRESERVATION•LANDSCAPE ARCHITECTURE•COMMUNITY DECISION- MAKING
11. We could find no record of the SPA Development Plan and agreement ever being recorded
in Pitkin County. The only record we could find was a copy of the annexation map of ACES that
was recorded in 1997.
Julie Ann's Memory:
12. I remember signing a mylar for ACES years ago as the Com Dev Director, being hand -
carried by Suzanne Wolf. Suzanne and I both remember this, but couldn't remember a specific
timeframe. I don't know if it was ever recorded, and we could find no record of it.
Conclusions:
13. I believe the approved zoning for the property is A Academic with an SPA overlay. Single
family residences would not be allowed. Duplex and multifamily units would be an allowed use as
a conditional use (requires a hearing) "for housing students and faculty of schools and other
academic institutions," but not for general employee housing.
14. I believe the city could claim that the property is not currently zoned A Academic and SPA
because it does not appear that the SPA development plan and agreement were ever recorded.
15. I believe that the city could consider a text amendment to the A Academic zone (26.710.230)
to allow employee housing as a permitted or conditional use. This would require additional public
hearings, and we would want the A and SPA zoning to be in place. 16. We will need to request a
correction to the zoning map through Chris Bendon, and I'm sure he is going to want to get that
SPA development plan and agreement recorded before he'll make a map amendment. He may
require ACES to go back through a hearing process. The next step would be to approach ACES
to see if they have a final recorded copy (I'm guessing not).
17. I believe the city (with ACES blessing) could apply for a rezoning to AH /PUD (perhaps for the
R -15 portion of ACES) and establish all of its dimensional requirements, including no minimum lot
size, and allowing more than one unit on a lot (or leasehold). This would be more difficult to
achieve, but could be done.
18. I cannot give direction to Willis Pember as to how to develop a site plan and massing sketch
until we decide what to do about the zoning.
19. Based on Tom Todd's e-mail of Feb. 15, 2006, there may still be issues of restrictions (for
other than housing for ACES employees) from the Paepcke estate. I recommend that we get
together with Tom, John W, Chris B, etc. to figure out the best strategy to take.
•
PLANNING•HISTORIC PRESERVATION•LANDSCAPE ARCHITECTURE•COMMUNITY DECISION - MAKING
ASPEN /PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE CODE INTERPRETATION
JURISDICTION: City of Aspen
APPLICABLE CODE SECTION: 26.210.020(B)(5), Director of
Community Development
Department- Interpretation of
boundaries of the official zone
district map.
EFFECTIVE DATE: July 21, 2006
WRITTEN BY: James Lindt, Senior Planner
APPROVED BY: Chris Bendon,
Community Development Director
COPIES TO: John Worcester, City Attorney
Joyce Allgaier, Deputy Director
Todd Grange, Zoning Officer
SUMMARY
The City of Aspen Asset Management Department, represented by the Elk Mountain
Planning Group, Inc. requests an interpretation to clarify what the current zoning is on the
Aspen Center for Environmental Studies' (ACES) parcel located at 100 Puppy Smith
Street in preparation for submitting a COWOP eligibility application to construct
affordable housing on a portion of the ACES' parcel.
PURPOSE
The purpose of this code interpretation is to clarify what the current zoning is for the
ACES parcel located at 100 Puppy Smith Street.
BACKGROUND
Land Use Code Section 26.210.020(B)(5), Director of Community Development
Department: Interpretation of boundaries on the official zone district map, allows for the
Community Development Director to make an interpretation related to the zoning of a
property that is not clear given the representations provided on the official zoning map
and the zoning ordinances that apply to a property. The ACES' parking lot that the
Applicant would like to develop several units of affordable housing on is part of the
larger ACES' development that received a site specific development plan approval in
1997 pursuant to Ordinance No. 6, Series of 1997 (attached as Exhibit `B ").
In Ordinance No. 6, the property subject to the ACES' development application was all
rezoned to the Academic Zone District with an SPA overlay. But Section 4 of the
Ordinance stated that City Council's approval of the ACES' site - specific development
plan was subject to the terms and conditions that were set forth in the Ordinance. One of
the conditions that was established in Ordinance No. 6, required that the final SPA
development plan and agreement be recorded within 180 days following City Council's
approval.
Apparently, the final development plan and agreement were never actually recorded at
the Pitkin County Clerk and Recorder's Office as was required by the above described
condition. Incidentally, the official zoning map was never amended to show the zoning
change that was approved in Ordinance No. 6. Based on the above described
occurrences, the Applicant is uncertain as to what the current zoning should actually be
and is requesting the Community Development Director's interpretation as to the current
zoning of the parcel.
DISCUSSION
Section No. 2 of Ordinance No. 6, Series of 1997, reads as follows:
Section 2: Pursuant to Section 26.92 of the Aspen Municipal
Code, the City of Aspen Zone District Map is hereby amended
to rezone the Aspen Center for Environmental Studies to the
Academic zone district with a Specially Planned Area (SPA)
Overlay.
The plain language in the above paragraph seems to read as if the official zoning for the
property was to be amended to the Academic Zone District regardless of whether the
documents related to the site specific development plan and agreement for ACES were
recorded. Therefore, the official zoning for the property that was subject to the ACES'
development project in 1997 is zoned Academic with an SPA overlay.
However, the site - specific development plan that was approved in 1997 for ACES to
build several units of affordable housing that were subsequently built, is null and void
since the Applicant did not record an SPA plan and agreement because of the following
language that is included as a condition of approval in Section 4 of Ordinance No. 6:
Condition #2, Section 4: The final development plan, which
shall consist of the site plan of the entire site; site improvement
survey of the area being developed, including building
footprints, utilities, easements, and landscaping; building
elevations; and the Specially Planned Area (SPA) agreement,
shall be recorded in the office of the Pitkin County Clerk and
Recorder, and.... Failure on the part of the of the applicant to
record the final development plan and SPA agreement within a
period of one hundred and eighty (180) days following its
approval by City Council shall render the plan invalid.
Given that the Applicant is preparing for a COWOP review on a portion of the ACES'
parcel, Staff would recommend that the Applicant include the entire ACES' development
in the COWOP review process to legalize the development that occurred without
perfecting the land use entitlements that were granted in Ordinance No. 6, Series of 1997.
That said, the Applicant would need a letter of consent from ACES to allow for the entire
property to be included in the COWOP process and the public notice requirements for all
public hearings related to this COWOP process would need to include a mailing to
property owners within 300 feet of the entire property that was subject to the 1997
ACES' development application.
APPEAL OF DECISION
As with any interpretation of the land use code by the Community Development Director,
an applicant has the ability to appeal this decision to the Aspen City Council. This can be
done in conjunction with a land use request before City Council or as a separate agenda
item.
26.316.030(A) APPEAL PROCEDURES
Any person with a right to appeal an adverse decision or determination shall initiate an
appeal by filing a notice of appeal on a form prescribed by the Community Development
Director. The notice of appeal shall be filed with the Community Development Director
and with the City office or department rendering the decision or determination within
fourteen (14) days of the date of the decision or determination being appealed. Failure to
file such notice of appeal within the prescribed time shall constitute a waiver of any
rights under this Title to appeal any decision or determination.
Attachments:
Exhibit "A "- Letter of Application
Exhibit `B "- Ordinance No. 6, Series of 1997
, .� .
a.
•
ALPERSTEIN & COVELL, P.C.
A T T O R N E Y S A T L A W
DONALD W. ALPERSTEIN 2350 COLORADO STATE BANK BUILDING TELEPHONE
CYNTHIA F. COVELL 1600 BROADWAY, DENVER, COLORADO 80202-4923 (303) 894 -8191
EDWARD M. CASWALL FAX
August 18, 1999 (303) 861 -0420
SCOTT A. CLARK F..5 28?ja
Arthur B. Fergu n, Jr., Esq.
Holland & H y ,,
600 East ain Street I4� FACS7 TILE: (970) 925 -9367
Aspen, O 81611 _ _ co Q o
RE: ACES Easement U
" `t[
Dear Boots: -
At long last I am sending you a revised form of the ACES easement for your consideration.
I am also sending a copy of the earlier draft which was forwarded to Jim Peterson last September.
Changes from the earlier draft are indicated in boldface type. As you can see, most are not
substantive. I added a sentence to paragraph 2 which I believe addresses your concern that the City
confine its activities to the vacated roadway portion of the easement if it is practical to do so.
Obviously if a line is currently located, or must be located in the future, outside of the vacated
roadway, the City must be able to use the entire easement to access the location and excavate if
necessary. Please note that your client will need to supply Exhibit B.
Is the vacated portion of Puppy Smith Street currently paved? If so, we may need to revise
paragraph 3 to acknowledge that this portion of the easement is currently paved.
The City has not yet reviewed this draft, so further revision may be required. However, I
wanted to get this to you for your review. I look forward to hearing from you.
Sincerely yours,
Cynthia F. Covell
Enclosures
CFC/ben
cc: Pjxil Overeynder, Water Director
john Worcester, Esq.
DA Client Files \ Aspen \Aces \Ferguson letter 8- 18- 99.wpd
CITY OF ASPEN
EASEMENT AGREEMENT
This Easement Agreement is entered into this day of , 1999, by and
between THE CITY OF ASPEN ( "City"), a Colorado municipal corporation and home rule city, and
Aspen Center for Environmental Studies (ACES) a Colorado nonprofit corporation, whose address
is ( "Grantor ").
•
Recitals
WHEREAS, the City owns and operates the City of Aspen municipal water distribution
system; and
WHEREAS, the City has water mains and facilities located in and adjacent to Puppy Smith
Street, in Aspen, Colorado; and
WHEREAS, a portion of Puppy Smith Street was vacated by the City pursuant to Ordinance
No. on , 19 and
_ ;
WHEREAS, the vacated portion of Puppy Smith Street is now land owned and controlled
by Grantor; and
WHEREAS in order to use, operate, maintain, repair and replace the City's water
distribution mains and other infrastructure located in and adjacent to the abandoned portion of Puppy
Smith Street, the City requires an easement from Grantor; and
WHEREAS, Grantor is willing to grant and convey an easement to the City on the terms and
conditions herein provided;
THEREFORE, IN CONSIDERATION of the promises and agreements set forth below, and
for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Grant of Easement. Grantor does hereby grant and convey to the City a perpetual
non - exclusive easement and right of way (the "Easement ") for the purposes of excavation,
installation, operation, use, maintenance, repair, and replacement of the City's water mains, lines,
and associated facilities located within the easement premises. The Easement is described as a strip
of land extending 20' on either side of the centerline of the vacated portion of Puppy Smith Street
on Grantor's property, extending for a distance of one hundred feet west of the eastern boundary of
1
895
Grantor's property along said vacated portion of Puppy Smith Street, located approximately as
shown on the map attached hereto as Exhibit A, and incorporated herein by reference. The
Easement, and access thereto, are granted over, upon, across, in and through Grantor's real property
described on Exhibit B, and referred to herein as the "Subject Property." This grant of easement
shall run with the land for the benefit of the City, and shall be binding upon and inure to the benefit
of the City, and its successors and assigns.
2. Use of Easement Premises By City. The City's agents, employees, contractors and
other designated persons may go upon the Easement at all reasonable times to undertake routine use,
operation, maintenance and repair of the City's water mains and associated facilities. In the event
the City plans major repairs or replacement of infrastructure within the Easement premises, it shall
provide Grantor with reasonable advance notice of the work to be undertaken, and the estimated time
of completion. Notwithstanding the foregoing, the City may go upon the Easement premises at any
time in the event of any emergency situation or condition, and may undertake such repair or
replacement activities as it deems necessary to properly resolve the emergency situation. 'When the
City conducts construction, maintenance, repair and replacement operations on the Easement
premises, it shall, to the extent reasonably practicable, utilize the portion of the Easement that
is within the vacated portion of Puppy Smith Street for storage of materials and equipment
and for parking and operation of vehicles.
After the exercise of any of its rights hereunder, the City shall grade, re -seed or re -sod if
necessary to restore the surface of the ground to its former condition and contour, provided however,
that the City shall not be required to restore or replace any trees, bushes, brush, gardens or other
vegetation on the Easement premises, nor any structures or paving thereon.
3. Use of Easement Premises by Grantor. Grantor shall retain the right to use and enjoy
the Subject Property including the Easement premises so long as such use and enjoyment do not
interfere with the City's rights hereunder, and provided that Grantor shall not install or allow any
obstructions or permanent encroachments on the Easement premises, including but not limited to
fences, buildings, gates, or other structures, or trees, bushes, brush, gardens, or pavement, and shall
not obstruct or permit obstruction of access to the Easement premises. In the event any such
obstructions or encroachments are erected, installed, or permitted to remain upon the Easement
premises notwithstanding this paragraph, Grantor understands and agrees that such obstructions or
encroachments may be removed by the City at Grantor's cost, and that the City shall have no
responsibility or liability for any damage or destruction thereto.
In the event Grantor discovers an emergency condition pertaining to the City's water
distribution system located on, over, in or through the Easement premises, Grantor shall make
reasonable attempts to promptly notify the City of such condition.
4. Liability to Others. Each party shall be responsible for any and all claims, demands,
2
2 /S7
actions, losses, liabilities, or expenses of whatever sort, including attorneys fees, that are incurred
by any person or entity arising out of or in connection with such party's use or occupation of the
Easement premises, or the use or occupation the Easement premises by its agents, employees,
contractors, invitees or licensees, provided, however, that nothing herein shall be construed to
abrogate or diminish any protections and limitations afforded to the City by the Colorado
Governmental Immunity Act, C.R.S. § 24 -10 -101 et seq. as amended, or other law. In the event the
City and Grantor, or their respective officers, directors, members, employees, agents, contractors,
representatives, heirs or assigns are held jointly and severally liable under any statute, decision, or
other law providing for such joint and several liability for their respective activities on the Easement
premises, the obligations of each to respond in damages shall be apportioned, as between the City
and Grantor, in proportion to the contributions of each as measured by the acts and omissions of each
which in fact caused such legal injury, damage or harm and the City and Grantor shall indemnify
each other to the extent necessary to assure such apportionment.
5. Notices. All notices required to be given shall be deemed given upon deposit in the
United States mail, first class postage prepaid, properly addressed to the person or entity to whom
directed at its address shown herein, or at such other address as shall be given by notice pursuant to
this paragraph. Copies of such notices shall also be sent in the same manner to the City Attorney,
City of Aspen, 130 South Galena Street, Aspen, Colorado 81611. Notwithstanding the foregoing,
Grantor may notify the City of emergency conditions as provided in paragraph 3 above by direct
delivery of notice to the City Water Department at 500 Doolittle Drive, Aspen, Colorado, or by
telephone or telefacsimile communication with the City Water Department. The City Water
Department's current telephone number is (970) 920 -5110, and the current telefacsimile number
is (970) 920 -5117.
6. Binding Agreement - Recording. This Agreement is binding upon the parties hereto,
their successors and assigns, and any sale of the Subject Property, or any portion thereof shall be
subject to this Agreement. This Agreement shall be recorded with the Pitkin County Clerk and
Recorder, and shall impose an easement and covenants running with the land upon the Subject
Property. Deeds to subsequent owners of the Subject Property shall provide notice of this
Agreement and the obligations contained herein.
7. Governing Law; Venue; Attorneys' Fees. This Agreement and the rights and
obligations of the parties hereunder shall be governed by and construed in accordance with the laws
of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin County,
Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding
the terms of this Agreement or the rights and obligations of the parties hereto, the prevailing party
shall be entitled to recover costs incurred in pursuing such remedies, including expert witness fees
and reasonable attorneys' fees.
8. Authorization of Signatures. The parties acknowledge and represent to each other
3
that all procedures necessary to validly contract and execute this Agreement have been performed
and that the persons signing for each party have been duly authorized to do so.
9. Counterparts. This Agreement maybe signed using counterpart signature pages, with
the same force and effect as if all parties signed on the same signature page.
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first
above written.
THE CITY OF ASPEN, COLORADO
A Municipal Corporation and
Home Rule City
By
Water Director
APPROVED AS TO FORM:
Aspen City Attorney
GRANTOR
ASPEN CENTER FOR ENVIRONMENTAL STUDIES
By
Title:
Address:
APPROVED AS TO FORM:
Attorney for Aspen Center for Environmental Studies
4
2/(19
STATE OF )
) ss.
COUNTY OF )
SUBSCRIBED AND SWORN to before me this _ day of , 199_, by
WITNESS my hand and official seal.
[SEAL]
Notary Public
My commission expires:
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5
CITY OF ASPEN
EASEMENT AGREEMENT
This Easement Agreement is entered into this day of , 1997, by and
between THE CITY OF ASPEN ( "City"), a Colorado municipal corporation and home rule city, and
Aspen Center for Environmental Studies (ACES) a Colorado nonprofit corporation, whose address
is ( "Grantor ").
Recitals
WHEREAS, the City owns and operates the City of Aspen municipal water distribution
system; and
WHEREAS, the City has water mains and facilities located in and adjacent to Puppy Smith
Street, in Aspen, Colorado; and
WHEREAS, a portion ofPuppy Smith Street was vacated by the City pursuant to Ordinance
No. on , 19_; and
WHEREAS, the vacated portion of Puppy Smith Street is now land owned and controlled
by Grantor; and
WHEREAS in order to use, operate, maintain, repair and replace the City's water
distribution mains and other infrastructure located in and adjacent to the abandoned portion of Puppy
Smith Street, the City requires an easement from Grantor; and
WHEREAS, Grantor is willing to grant and convey an easement to the City on the terms and
conditions herein provided;
THEREFORE, IN CONSIDERATION of the promises and agreements set forth below, and
for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Grant of Easement. Grantor does hereby grant and convey to the City a perpetual
non - exclusive easement and right of way (the "Easement ") for the purposes of excavation,
installation, operation, use, maintenance, repair, and replacement of the City's water mains, lines,
and associated facilities located within the easement premises. The Easement is described as a strip
of land extending 20' on either side of the centerline of the vacated portion of Puppy Smith Road on
Grantor's property, extending for a distance of one hundred feet west of the eastern boundary of the
1
< i
Subject Property along said vacated portion of Puppy Smith Road, as shown on the map attached
hereto as Exhibit A, and incorporated herein by reference. The Easement, and access thereto, are
granted over, upon, across, in and through Grantor's real property described on Exhibit B, and
referred to herein as the "Subject Property." This grant of easement shall run with the land for the
benefit of the City, and shall be binding upon and inure to the benefit of the City, and its successors
and assigns.
2. Use of Easement Premises By City. The City's agents, employees, contractors and
other designated persons may go upon the Easement at all reasonable times to undertake routine use,
operation, maintenance and repair of the City's water mains and associated facilities. In the event
the City plans major repairs or replacement of infrastructure within the Easement premises, it shall
provide Grantor with reasonable advance notice of the work to be undertaken, and the estimated time
of completion. Notwithstanding the foregoing, the City may go upon the Easement premises at any
time in the event of any emergency situation or condition, and may undertake such repair or
replacement activities as it deems necessary to properly resolve the emergency situation.
After the exercise of any of its rights hereunder, the City shall grade, re -seed or re -sod if
necessary to restore the surface of the ground to its former condition and contour, provided however,
that the City shall not be required to restore or replace any trees, bushes, brush, gardens or other
vegetation on the Easement premises, nor any structures or paving thereon.
3. Use of Easement Premises by Grantor. Grantor shall retain the right to use and enjoy
the Subject Property including the Easement premises so long as such use and enjoyment do not
interfere with the City's rights hereunder, and provided that Grantor shall not install or allow any
obstructions or permanent encroachments on the Easement premises, including but not limited to
fences, buildings, gates, or other structures, or trees, bushes, brush, gardens, or pavement, and shall
not obstruct or permit obstruction of access to the Easement premises. In the event any such
obstructions or encroachments are erected, installed, or permitted to remain upon the Easement
premises notwithstanding this paragraph, Grantor understands and agrees that such obstructions or
encroachments may be removed by the City at Grantor's cost, and that the City shall have no
responsibility or liability for any damage or destruction thereto.
In the event Grantor discovers an emergency condition pertaining to the City's water
distribution system located on, over, in or through the Easement premises, Grantor shall make
reasonable attempts to promptly notify the City of such condition.
4. Liability to Others. Each party shall be responsible for any and all claims, demands,
actions, losses, liabilities, or expenses of whatever sort, including attorneys fees, that are incurred
by any person or entity arising out of or in connection with such party's use or occupation of the
Easement premises, or the use or occupation the Easement premises by its agents, employees,
contractors, invitees or licensees, provided, however, that nothing herein shall be construed to
2
•
abrogate or diminish any protections and limitations afforded to the City by the Colorado
Governmental Immunity Act, C.R.S. § 24 -10 -101 et seq. as amended, or other law. In the event the
City and Grantor, or their respective officers, directors, members, employees, agents, contractors,
representatives, heirs or assigns may be held jointly and severally liable under any statute, decision,
or other law providing for such joint and several liability for their respective activities on the
Easement premises, the obligations of each to respond in damages shall be apportioned, as between
the City and Grantor, in proportion to the contributions of each as measured by the acts and
omissions of each which in fact caused such legal injury, damage or harm and the City and Grantor
shall indemnify each other to the extent necessary to assure such apportionment.
5. Notices. All notices required to be given shall be deemed given upon deposit in the
United States mail, first class postage prepaid, properly addressed to the person or entity to whom
directed at its address shown herein, or at such other address as shall be given by notice pursuant to
this paragraph. Copies of such notices shall also be sent in the same manner to the City Attorney,
City of Aspen, 130 South Galena Street, Aspen, Colorado 81611. Notwithstanding the foregoing,
Grantor may notify the City of emergency conditions as provided in paragraph 3 above by direct
delivery of notice to the City Water Department at 500 Doolittle Drive, Aspen, Colorado, or by
telephone or telefacsimile communication with the City Water Department. The City Water
Department's telephone number is (970) 920 -5110, and the telefacsimile number is (970) 920 -5117.
6. Binding Agreement - Recording. This Agreement is binding upon the parties hereto,
their successors and assigns, and any sale of the Subject Property, or any portion thereof shall be
subject to this Agreement. This Agreement shall be recorded with the Pitkin County Clerk and
Recorder, and shall impose an easement and covenants running with the land upon the Subject
Property. Deeds to subsequent owners of the Subject Property shall provide notice of this
Agreement and the obligations contained herein.
7. Governing Law; Venue; Attorneys' Fees. This Agreement and the rights and
obligations of the parties hereunder shall be governed by and construed in accordance with the laws
of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin County,
Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding
the terms of this Agreement or the rights and obligations of the parties hereto, the prevailing party
shall be entitled to recover costs incurred in pursuing such remedies, including expert witness fees
and reasonable attorneys' fees.
8. Authorization of Signatures. The parties acknowledge and represent to each other
that all procedures necessary to validly contract and execute this Agreement have been performed
and that the persons signing for each party have been duly authorized to do so.
9. Counterparts. This Agreement may be signed using counterpart signature pages, with
the same force and effect as if all parties signed on the same signature page.
3
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first
above written.
THE CITY OF ASPEN, COLORADO
A Municipal Corporation and
Home Rule City
By
Water Director
APPROVED AS TO FORM:
Aspen City Attorney
GRANTOR:
ASPEN CENTER FOR ENVIRONMENTAL STUDIES
By
Title:
Address:
_STATE OF )
) ss.
COUNTY OF )
SUBSCRIBED AND SWORN to before me this day of , 199, by
WITNESS my hand and official seal.
[SEAL]
Notary Public
My commission expires:
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411
MEMORANDUM
To: City Council
Thru: Amy Margerum, City Manager
Thru: John Worcester, City Attorney
Thru: Nick Adeh, City Engineer l+
From: Chuck Roth, Project Engineer ate.-
Date: March 19, 1997
Re: Application to Vacate a Portion of Puppy Smith Street Public Right -of- -way
The Engineering Department referred the application to appropriate Ci
and to the public utility companies. Vacation of a portion of the alley
acceptable as explained below. Departments
y public right -of- -way will be
Problem• The Aspen Center for Environmental Studies has applied to the City vacate a portion
of the Puppy Smith Street public right-of-way. n'
of t of the y Smith S Street
pub. A copy of the letter of application and a reduced
The entire length that is proposed to be vacated is already located
within the general ACES area because it is west of the stone pillars that denote the entry to ACES.
Ennui= None of the City dep ents had any objections to vacating
only condition that was suggest is the standard condition of reserving ent
easement for utilities. The utility cAm the right -of- -way, and the
reserved with panes have asked the B the vac ae ara as be
ement for current and future utility needs. It has b ee n typical y ac that are h e
an eas
City vacates public right -of -way, the area vacated rem
Currently there are electric, sari erns reserved for use b u � that when the
sanitary sewer, water and telephone lines located in the area. The
applic plans to install a gas line in the future.
•
Fi►!ansial Im ar
There are no financial impacts to the City. If Council approves vacating
the portion of the Puppy Smith Street right-of-way,
quo with no service cost increases or decreases to the City. result will s a continuation area the statu
twenty years. ACES has maintained the area for some
)Vlu • I move to approve Ordinance No. /3
(Series of 1997).
Cililignag
M97.2
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As Center for Environmental Studies
t
November 4, 1996
City of Aspen •
Engineering Department
130 S. Galena Street
Aspen, CO 81611
To Whom it May Concern:
We would like to request vacation of the portion of Puppy Smith Smith which begins North
within our entry gates and includes the old intersection of Puppy are bin et and d North t
Aspen Street. The legal description and asurvey of this property b at
this time.
The portion of Puppy Smith Street to be vacated lies along ACES' driveway, which
ter
provides access to ACES' Professor House, the Director House, o d h of Aspen a se of
for Environmental Studies' Visitor's Center. ACES' visitors park are not allowed e to tiovel
street and walk along it to reach the Hallam Lake sanctuary•
plo ro pe ti es portion di s and handicap old street, Fir and emergency vehicle access will beACES'
ppertieped guests.
maintained per Fire Marshall specifications to the Visitor's Center. Smith
ACES' parking lots are just outside the entry gates. This is a logical point for Puppy
Street to end. ACES' currently is responsible for maintaining and ploa'int; the section of
street which lies within our
An attachment is included which addresses the specific review criteria considered in
vacation of a property.
n ,. ,-_ _. -. -.. , - yr need any further information. ..2J:: let ntLu V it r yuu have; - Y q
Yours truly, ort T homas mone.
Executive Director, ACES
ni i 9 159
i t
100 PUPPY SMITH STREET • ASPEN, CO 81611 • 970/925-575 • FAX 9701925.4619
C
Review
Criteria
A. The proposed vacation will not change or
hinder area circulation of service vehicles or utility o companies e from
accessing facilities or structures.
B. ACES will continue to maintain the proposed vacation area.
C. All utilities are in place in the proposed vacation area. Future
utility needs will not be hindered.
D. The proposed vacation will not create enforcement problems.
E. The proposed vacation area does not constitute :in income s pace.
It consists of a driveway.
F. Adopted plans are consistent with ACES' entrance and driveway
plans.
G. The proposed vacation will benefit the City because
continue to maintain this section of property which ACES will
within
entry gates, and ACES' boundaries will be defined for pending ACES'
annexation procedures.
•
H. We do not believe the p p osed vacation ro will
additional requests from et a precedent for
of public rights -of -ways property owners for vacating other
portions
I. See (G).
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ORDINANCE NO. /3
(Series of 1997)
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN, COLORADO,
PITKIN COUNTY, PORTION OF SUBJECT O CERTAIN CONDITIONS. E CITY OF ASPEN,
WHEREAS, a petition to vacate certain right -of -ways or portions thereof has been filed
by record owners of all lands which abut the streets or portions thereof petitioned to be vacated;
and
WHEREAS, the right -of -ways or portions thereof petitioned to be vacated are located
entirely within the corporate limits of the City of Aspen; and
WHEREAS, the vacation petition has been reviewed by the City Engineer and a
determination made that the petition complies in all respects with the City's Public Rights -of-
ways Vacation Policies and the land petitioned to be vacated is eligible for vacation pursuant to
said policies; and
WHEREAS, the proposed vacation will not leave any land adjoining the same without a
means of access over an established public right -of -way connecting such lands to an established
public street; and
WHEREAS, the petitioners have satisfied or performed all conditions and requirements
imposed by the City Engineer in connection with the requested vacation; and
WHEREAS, the City Council has determined that the public use, convenience and
necessity will no longer require the hereinafter described public right -of -ways or portions
thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO;
0
Section 1.
That the portion of Puppy Smith Street between the existing entry gate to the Aspen
Center for Environmental Studies to, and including, the old intersection of Puppy Smith Street
and North Aspen Street, within the City of Aspen, Pitkin County, Colorado, as more specifically
depicted on that map entitled "Map of the Portion of Puppy Smith Street Requested to be
Vacated ", and annexed hereto and made a part hereof as Exhibit "A ", shall be, and the same
hereby is vacated subject to the conditions set forth below.
That ownership and title to the lands so vacated shall vest as provided in and by Section 43 -2-
302. C.R.S.
ion 3.
That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to
record a copy of this ordinance in the Office of the Pitkin County Clerk and Recorder.
Stcria 11
That the City Engineer be and hereby is directed, upon the adoption of this ordinance, to
make all corrections necessary to the Official Map of the City of Aspen.
tion 5.
That if any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
section.-6-
2
3
That this ordinance shall not have any effect on existing litigation and shall not operate as
an abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
A public hearing on the ordinance shall be held on the day of 1997,
in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the day of
1997.
John S. Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this _ day of
1997.
John S. Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
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LEASE AGREEMENT /-t
` ft?
THIS LEASE AGREEMENT made and entered into this __�_ day
of June, 1986, by and between the Aspen Center for Environmental
Studies, a Colorado not for profit corporation (hereinafter
"ACES "), and the City of Aspen, Colorado, a home rule municipal
corporation (hereinafter "City ").
R E C I T A L S
1. The City owns that real property located in the City of
Aspen, County of Pitkin, State of Colorado, commonly known as 220
Puppy Smith Street, upon which is located a residence.
2. ACES is desirous of leasing said property and residence
for the purpose of housing employees and guests of ACES.
3. The City Council has authorized and approved the execu-
tion of this lease.
NOW, THEREFORE, it is mutually agreed by the parties as fol-
lows:
1. Rent. Upon the payment of the rent as hereinafter set
forth, the City hereby leases to ACES for the purposes hereinafter
stated, that property and the residence located thereon, commonly
known as 220 Puppy Smith Street, Aspen, Colorado, more speci-
fically described as follows:
Lots 2 and 3, Block 4,
Lakeview Addition
2. Term. The term of this lease shall be for a period of
two (2) years, commencing June 1, 1986, and terminating May 31,
1988, at a yearly rental rate of Ten Dollars ($10.00) per year,
payable by Tenant upon the execution of this lease agreement.
3. Indemnity. ACES does hereby covenant and agree to
indemnify and save harmless the City from all liability, claims,
demands and actions of any kind and nature by reason of any and
all of ACES use of premises, and ACES shall procure, at ACES own
expense, personal and public liability insurance for the benefit
of the City (naming City as co insured) with limits of not less
than those specified by Section 24 -10 -114, C.R.S., as may be
amended from time to time and in such amounts as it may be agreed
by City. As a condition of occupancy, ACES shall maintain said
coverage in full force and effect during the term of this lease
and prior to occupancy shall furnish the City with a copy of such
coverage or a certificate evidencing such coverage. All insurance
policies maintained pursuant to this lease agreement shall contain
the following endorsement:
"It is hereby understood and agreed that this insurance
policy may not be cancelled by the surety nor the intention
not to renew be stated by surety until thirty (30) days after
receipt by the City, by registered mail, of a written notice
of such intention to cancel or not to renew."
4. Maintenance and Repairs. ACES shall, at ACES own
expense, maintain the premises in as good condition and repair as
exists at the time of occupancy.
2
1
5. Utilities. ACES shall, at its own expense, provide all
utilities upon the premises, including water, electricity, tele-
phone and garbage collection.
6. Use of Premises. ACES shall use and occupy the premises
for residential purposes for employees of ACES and short -term
guests and for no other purpose without the City's prior written
consent. All occupants of the premises utilizing the same for a
period in excess of seven (7) days shall be qualified and approved
by the City of Aspen /Pitkin County Housing Authority as satisfying
the qualifications for employees of "low" income. Further, ACES
shall not keep, use or permit the use of anything prohibited by
any policy of fire insurance covering the premises and shall com-
ply with all requirements of insurers applicable to the premises
to keep in force fire and liability insurance.
7. Assignment and Subletting. ACES shall not assign this
lease or sublet the premises or any part thereof without the prior
approval of the City of Aspen /Pitkin County Housing Authority.
8. Surrender of Premises. Upon the termination of this
lease, by expiration of its terms or otherwise, ACES shall surren-
der the premises to City in good order and condition, ordinary
wear and damage by the elements excepted; and ACES shall remove
all of its property and shall repair any damage to the premises
caused by such removal. Any property of ACES, or any one claiming
under ACES, which shall remain upon the premises after termination
of this lease shall be deemed to have been abandoned and may be
3
i
retained by the City as its property or disposed of in such manner
as City sees fit.
9. Access to_Premises. The City shall be entitled to enter
upon the premises at all reasonable hours for purposes of inspect-
ing the same, preventing waste or loss, or enforcing any of the
City's rights hereunder.
10. Alterations Additions and Improvements. Prior to the
commencement of any work on alterations, additions and improve-
ments, all plans and specifications shall be submitted by ACES to
the City Manager for prior written approval.
All alterations, additions and improvements on or in the
premises at the commencement of this lease that may be erected or
installed during the term of this lease shall become a part of the
premises and the sole property of the City. Any alteration,
improvement or repair shall be made in a satisfactory and workman-
like manner. ACES shall not permit any lien or other encumbrance
to be filed against the premises in connection therewith, and
shall indemnify the City against such liens and encumbrances.
11. Waste and Nuisance Prohibited. ACES shall not commit,
or suffer to be committed, any waste on the premises or any nui-
sance.
12. Notice. All notices required hereunder shall be in
writing and shall be deemed to have been given if either delivered
personally or mailed by certified or registered mail to City or to
ACES, as the case may be, at their respective addresses as fol-
4
i
lows or to such other addresses as either party may so notify the
other in writing:
CITY: ACES:
City of Aspen Aspen Center for Environmental
c/o City Manager Studies
130 South Galena Street c/o Tom Cardamone, Director
Aspen, Colorado 81611 P.O. Box 8777
Aspen, Colorado 81612
13. Modification. This lease may be modified only by writ-
ten agreement executed by the parties hereto.
14. Default. Should ACES become insolvent or be dissolved,
or should the premises be used for purposes other than for short -
term guests and employees of ACES, or should ACES fail to abide by
any of the covenants, terms or conditions of this lease agreement,
then, in any of such events, the City shall have the right to
terminate this lease upon seven (7) days' written notice. It is
further agreed that no assent, expressed or implied, to any breach
of any one or more of the covenants or agreements herein shall be
deemed or be taken to be a waiver of any succeeding or other
breach. Additionally, the parties agree that if legal action is
taken by either party hereto to enforce any of the provisions of
this lease, the prevailing party in any legal action shall be
entitled to recover from the other party all of its costs, includ-
ing reasonable attorney's fees.
15. Quiet Enjoyment. Subject to the terms of this lease and
the faithful performance of ACES' obligations hereunder, ACES
shall have quiet enjoyment of the premises during the term here-
of.
5
CITY OF ASPEN, COLORADO
t
By - /~
William L. Stirling, Mayor
ATTEST:
L
athryn S. och, City Clerk
ASPEN CENTER FOR ENVIRONMENTAL
STUDIES, A Not for Profit
Corpora ion
By tl e alltr - --
ATTEST:
Title
6B
6
_.
• 44*s444 —n- ..... # '42£21__2___.__.- s4- 2- mr--rr • tie4I_.222I22_.2_i?{ -4; 444
414 North First Street
Aspen, CO 81611
January 19, 1993
j
i
I
El City of Aspen
1 130 South Galena Street
Aspen, CO 81611
Ladies and Gentlemen:
li Re: ACES Zoning Application
Attached is a conceptual plan dated January 19, 1993 prepared
by Conger Fuller Architects and Planners, P.C. (the "Plan ")
which covers certain property I own that is included in the
zoning application of the Aspen Center for Environmental
Studies ( "ACES "). I consent to rezoning my property Academic,
.y with SPA overlay, provided such zoning permits the construction
—m of buildings as shown on the attached Plan, and is in strict
accordance with the terms of this letter.
You will note that the Plan does not provide for parking as
is normally required by the City. This is because the property
will eventually be an integral part of ACES, which I founded
as an environmental learning center located in the heart of
Aspen. :ICES has always been, and will continue to be, the
environmental conscience of our community. ACES' mission is
to educate for environmental responsibility, to change people's
beliefs and behavior about their activities which endanger the
earth. It is therefore extremely important that the activities
at ACES be an environmentally sensitivs model for using that
1 most precious of our rema': ^`.ng resourcer -- natural open space.
I believe the arrogance of the automobile has nearly destroyed
II the Aspen- community that many of us have nurtured for over
hall a century. In recent discussions with Mayor Bennett I
have urged the Mayor together with the City Council to begin
the arduous, but vital, task of reducing the impact of auto—
mobiles on our City. There simply is no better place to start
this process than at ACES, which would like to be recognized
il EXHIBIT 1
, ii
1 --- ------ ---ea66 -lie - -- - ----4 44 -344 4 4449 -+Y_iiatLIli l_I 1 I I 1 r2 I;2= .22- II_ =- -- --- -- Y
ssst- .ttti__ty= •' 4 sttIt3ttttt ii.t44
— 2 —
ii 4 throughout the Roaring Fork Valley as the leader in the battle
to reduce this pressure on our natural areas. What
an example to our community if we were allowed to use this
opportunity to create innovative solutions to alter conditions
l. which make our world unhealthy to live in at present.
The Plan will ban our summer interns and students from parking
on ACES property. ACES will make arrangements for all auto—
mobiles owned by these summer visitors to be parked in an area
ii or areas outside of the City. We envision a shuttle or public
transportation that will take these persons to and from ACES.
II The nascent example of an intercept parking area on the outskirts
of Aspen such as the Marolt Ilanch can be used as a laboratory to
develop a concept for the entire city. In Europe, both St. Morita
and Gstaad, Switzerland, do not allow an automobile within the
city limits. I hope that this idea has merit and will assist you
in solving the transportation problems you are studying at present.
Only bold experiments of this sort will lead to solutions which
will benefit all the citizens of Aspen.
Very truly yo
Elizabeth H. Paepcke
T .
El
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..a x- -- -- za:2lxiateis to tuns; ;In;;;;IZY.I ;2ZYSYI ;i3Inni
btr. 27. 1UUb 4: I IHM LUIYPVIUNI -
AN ORDINANCE OF THE CITY COUNCIL OF nw CITY OF ASPEN, COLORADO, TO
APPROVE THE CONCEPTUAL/FINAL SPECIALLY PLANNED AREA (SPA)
DEVELOPMENT PLAN AND TO REZONE THE ASPEN CENTER FOR ENVIRONMENTAL
STUDIES (ACES) TO T'HE ACADEMIC ZONE DISTRICT, TO AMEND CHAPTER 26 OF THE
ASPEN MUNICIPAL CODE TO WIT SECTION 26.28.230(C)(1), CONDITIONAL USES IN THE
ACADEMIC ZONE DISTRICT, AND TO APPROVE AGMQS EXEMPTION FOR
AFFORDABLE HOUSING
ORDINANCE No. 6, SERIES OF 1997
WHEREAS, the Trustees of the Aspen Center for Environmental Studies (hereafter "Applicant ")
submitted an application (hereafter "Plan ") to the Community Development Department to rezone to the
Academic zone district and to designate the property as a Specially Planned Area (SPA); and
WHEREAS, the Applicant has also requested approval of a text amendment to allow "attached
residential dwellings" as a conditional use in the Academic zone district; and
WHEREAS, the Applicant has also requested a GMQS Exemption to construct five deed -
restricted affordable housing units for ACES employees in two new structures: a straw bale structure
containing two one - bedroom units and a "treehouse structure containing three studio units. The structures
are also intended to serve as a model for the community of environmentally sensitive employee housing;
and .
WHEREAS, approximately 4 acres of ACES is located within the City of Aspen and the remaining
21.5 acres are located immediately adjacent to the City of Aspen in the AFR -10 zone district; and
WHEREAS, the City Council, by Ordinance No. 7, Series of 1997, at its regular meeting on
February 24, 1997, did approve the Hallam Lake Annexation.
WHEREAS, the Planning and Zoning Commission reviewed the Plan in accordance with those
procedures set forth at Sections 26.80.040(A) and 26.92.030 of the Municipal Code and did conduct a
public hearing thereon on January 7, 1997; and
WHEREAS, upon review and consideration of the Plan, agency and public comment thereon, and
those applicable standards as contained in Chapter 26 of the Municipal Code, to wit, Section 26.92.020
EXHIBIT 2
•
Sid 25. 2005 9:111-M CJINUNIIY
WHEREAS, the Planning and Zoning Commission reviewed the Plan in accordance with those
procedures set forth at Sections 26.30.040(A) and 26.92.030 of the Municipal Code and did conduct a
public hearing Thereon on January 7, 1997; and
WHEREAS, upon review and consideration of the Plan, agency and public comment thereon, and
those applicable standards as contained in Chapter 26 of the Municipal Code, to wit, Section 26.92.020
(Text and Map Amendments) and Section 26.80.040(B) (Development in a Specially Planned Area), the
Planning and Zoning Commission has recommended approval of the Final SPA Development Plan and the
proposed map and text amendment by a vote of 6-0; and
WHEREAS, the Planning and Zoning Commission further granted Special Review approval for
parking and Conditional Use Review approval for attached residential units; and
WHEREAS, the Aspen City Council has reviewed and considered the Plan under the applicable
provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations
and approvals as granted by the Planning and Zoning Commission, and has taken and considered public
comment at a public hearing; and
WHEREAS, the City Council finds that ACES is a very unique institution which enhances our
community by maintaining the Hallam Lake Nature Preserve and providing environmental education, and
tbat designating the property as a Specially Planned Area benefits the city's residents and visitors by
allowing flexibility to accommodate the variety of uses which currently exist; and
WHEREAS, the City Council finds that the existing and proposed uses at ACES are consistent
with the purpose of the Academic zone district "to establish lands for education and cultural activities with
attendant research, housing and administrative facilities"; and
WHEREAS, the City Council finds that proposed housing units will be deed - restricted in
accordance with the housing guidelines, are compatible with surrounding uses and will have a minimal
impact on the land; and
•
2
WHEREAS, the City Council finds that tho Plan is consistent with the goals and elements of the
Aspen Area Community Plan and with the public welfare and the purposes and intent of Chapter 26 of the
Municipal Code; and
WBTREAS, the approvals granted herein are specifically conditioned upon City Council approval
of said Petition for Annexation by Ordinance duly adopted.
NOW THEREFORE BE IT ORDAINED BY THE CfIY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1 • Pursuant to Section 26.92.020 (Standards of Review) of the Municipal Code, the City Council
finds as follows in regard to the proposed map and text amendments:
1. The proposed amendments are not in conflict with the provisions of Chapter 26 of the Municipal
Code or the Aspen Area Community Plan.
2. The proposed amendments are compatible with surrounding zone districts and land uses, and will
have a minimal impact on the natural environment.
3. The proposed amendments will promote the public interest and character of the City of Aspen,
Section 2; Pursuant to Section 26.92 of the Aspen Municipal Code, the City of Aspen Zone District Map is
hereby amended to rezone the Aspen Center for Environmental Studies to the Academic zone district with a
Specially Planned Area (SPA) Overlay. The legal description is attached as Exhibit A.
Section3; Section 26.28.230(C)(1), conditional uses in the Academic one district, is hereby amended,
which text shall read as follows:
Boardinghouse, dormitory, and attached residential dwellings for housing students and faculty
of schools and other academic institutions.
Section 4: Pursuant to the findings set forth in Section 1 above, the City Council's approval of the Plan
is subject to the terms and conditions of said Annexation Agreement and upon adoption by the City
Council of an Annexation Ordinance annexing the subject property to the City of Aspen; and subject to
the following conditions:
3
1. The applicant and the City Council shall enter into an SPA agreement binding the real property
to any conditions placed on the development order approving the final development plan
2. The final development plan, which shall consist of the site plan of the entire site; site
improvement survey of the area being developed, including building footprints, utilities,
easements, and landscaping; building elevations; and the Specially Planned Area (SPA)
agreement, shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall be
binding upon the property owners subject to the development order, their successors and assigns,
and shall constitute the development regulations for the property. Development of the property
shall be limited to the uses, density, configuration, and all other elements and conditions set forth
on the final development plan and SPA agreement. Failure on the pan of the applicant to record
the final development plan and SPA agreement within a period of one hundred and eighty (180)
days following its approval by city council shall render the plan invalid. Reconsideration of the
final development plan and SPA agreement by the commission and city council will be required
before its acceptance and recording.
3. The final development plan shall be recorded prior to submission of any building permits for the
proposed housing units.
4. The applicant shall construct sidewalk, curb and gutter along the portion of Puppy Smith Street
adjacent to the property, prior to issuance of a Certificate of Occupancy for the new dwelling
units, or shall enter into an agreement with the City Engineer to construct sidewalk, curb and
gutter, or appropriate alternate facilities, at such time in the future as deemed appropriate by the
City Engineer.
5. At building permit submittal, the applicant shall provide a letter from an engineer registered in
tho State of Colorado stating that the property can absorb all additional drainage created by the
new development without undue impact on the municipal storm sewer system.
6. The applicant shall join any improvement districts that are formed for the purpose of
constructing improvements in adjacent public rights -of -way.
7. Prior to the issuance of any building permits, the applicant shall deed restrictthe units to the
Category 2 guidelines. ACES shall have first choice to rent the units to their employees.
8. A tree removal and mitigation plan shall be submitted for review and approval by the Parks .
Department, prior to issuance of any building permits.
9. Prior to issuance of a Certificate of Occupancy, Community Development and Housing staff shall
inspect the units to ensure compliance with the conditions of approval.
•
10. All material representations made by the applicant in the application and during public hearings
shall be adhered to and considered conditions of approval, unless otherwise amended.
Section 5; This Ordinance shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such prior ordinances.
4
Section b: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining portions
thereof.
Section 7: A public hearing on the Ordinance shall be held on the 24th day of February, 1997 ,at 5:00 in
the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
public notice of the same shall be published in a newspaper of general circulation within the City of Aspen.
Section 8: This Ordinance shall not become effective unless and until the City Council approves the
Petition for Annexation by duly enacted Ordinance annexing the subject property to the City of Aspen.
. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 27th day of January, 1997. qq
John ennett, Mayor
Attest
•
Kathryn S.1, City Clerk
FINALLY adopted, passed and approved this 24th day of February, 1997.
John B ay r
Attest:
fifitC
Kathryn S. , City Clerk
srrannew \aspem\cases\spa\aces \ord.0oc
5
MESSAGE DISPLAY
TO Kathryn Koch CC Bill Efting
CC Steve BArwick BC John Worcester
From: John Worcester
Postmark: Jun 21,94 9:16 AM
Subject: ACES Property
Message:
Steve Barwick has agreed to research the funding source for the ACES
property purchase. He needs to know when we purchased the property,
who we purchased it from, how much was paid. Can you CEO him this
info, or simply give him the file(s) that you have on this? Thanks
X -
1,
CITY , r,A SPEN
t `
1 ;1 fit. alit, jsa! 10... � eet
., ? • . '' ,7,,) {trr, =..till 1
30 ' tr1—oi r R '. ney
December 3, 1990
Mr. Tom Cardamons, Director
Aspen Center for Environmental Studies
P.O. Box 8777
Aspen, Colorado 81612
Re: Hallam Lake Pipeline Easements.
Dear Tom:
Enclosed for your records is a signed copy of the easement agree-
ment for the above -noted pipeline as it traverses the ACES
property. Also, please find enclosed a copy of Mrs. Paepcke's
easement agreement which I trust you can forward or otherwise get
to her.
I'd like to hear from you regarding the status of ACES'
annexation petition. Have you amended your map? I think it best
that we get back to work on the annexation so that we don't all
forget about it.
Thanks for your cooperation.
Very truly yours,
Edward M. Caswall
City Attorney
EMC /mc
Enc.
recycled paper
7 32HOOH i l /` ^x /90 15:^2 Fec $125.00 BR: 634 PG 217
Silvia Davis, Pitkin linty ClerL, Doc $.C")
•
EASEMENT
THIS GRANT OF EASEMENT is made and entered into by the Aspen
Center for Environmental Studies, a Colorado non - profit corpora-
tion, 100 East Puppy Smith Street, Aspen, Colorado, Aspen,
Colorado ( "Grantor "), and the City of Aspen, a municipal corpora-
tion, 130 South Galena Street, Aspen, Colorado (Grantee ").
WHEREAS, Grantor is the owner of certain parcels of land
located within the City of Aspen, Colorado, described in Book 581
at Page 885, Book 341 at Page 374, Book 502 at Page 245 and Book
457 at Page 661, in the records of Pitkin County, Colorado, and
commonly known as the Aspen Center for Environmental Studies
( "ACES ") Property; and
WHEREAS, Grantee desires to obtain a perpetual easement
over, under and across Grantor's parcels for the construction,
installation and maintenance of a ten (10) inch water pipeline.
NOW, THEREFORE, for and in consideration of the mutual •
covenants and obligations contained herein and the payment by
Grantee of Ten Dollars ($10.00), the receipt and sufficiency of
which is hereby acknowledged by Grantor, Grantor does hereby
grant, sell, and convey to Grantee a perpetual easement and also
a temporary construction easement to construct, install, main-
tain, operate, repair, remove and replace an underground water
pipeline, with attendant fittings and facilities, along and
across the Easement Premises situated on Grantor's parcel as
described above, and more particularly described as follows:
A strip fifteen (15) feet in width over, under and across
the Grantor's parcels centered on and extending seven (7)
feet and six (6) inches to either side of the following
described centerline, in such a manner that at all angle
points along the centerline, and at the point of beginning
to the point of terminus, the exterior boundary lines of the
strip shall lengthen or shorten as necessary to form a
continuous strip exactly fifteen feet in width:
Commencing at the West Quarter corner of Section 7, Township
10 South, Range 84 West of the 6th Principal Meridian,
Pitkin County, Colorado; thence South 37'21!54" East, 829.05
feet to a point'on the westerly boundary of said Aspen
Center for Environmental Studies property as described in
Book 457 at Page 663 in the records of Pitkin County true
point of beginning; thence South 68 °28'22" East, 6.55 feet;
thence South 70 °28'22" East, 22.08 feet to the easement
terminus on the southerly boundary of said parcel;
Together with an easement parcel described as follows:
•
;43D8C'CB \-//15/90 15. 2 28 Rec %: f �.. 634 PG 218
c. � a
8± i vi Devi. s, Fit.4::in Cnty Ci.er4, Doc . _.. f)fl
•
Commencing at the West Quarter corner of Section 7, Township
10 South, Range 84 West of the 6th Principal Meridian,
Pitkin County, Colorado; thence South 34'01'19" East, 757.17
feet to a point on the easterly boundary of a parcel of land
in the Lakeview Addition deeded to the Aspen Center for
Environmental Studies in Book 581 at Page 885, in the
records of Pitkin County, the true point of beginning;
thence North 68°28'22" West, 72.63 feet; thence North
• 87'55'29" West, 150.17 feet; thence South 69'59'39" West,
70.44 feet to a pond adjacent and part of the Hallam Lake
the terminus of this easement.
Excepting herefrom a parcel of land, described as follows:
Commencing at the West Quarter corner of Section 7, Township
10 South, Range 84 West of the 6th Principal Meridian,
Pitkin County, Colorado; thence South 20 °54'21" East, 646.43
feet to a point on the southerly boundary of the above
described easement the true point of beginning; thence North
00 °40'36" East, 2.87 feet; thence North 89 °19'24" West,
24.39 feet; thence South 00 °40'36" West, 2.64 feet to the
southerly boundary of the above described easement the
terminus of this exception, all as depicted on the Map of
the Lakeview Addition Water Line Easements attached hereto
and incorporated herein as Exhibit "A ".
Grantee shall have all other rights and benefits necessary
or convenient for the full use of the rights granted herein,
including, but not limited to, full rights of ingress and egress
over and across the property to and from the easement.
Grantee's pipeline and all associated facilities shall be
constructed, installed, maintained, and operated in a safe and
workmanlike manner and in such a way as to avoid damage to or
destruction of Grantor's property, including trees, shrubs and
other vegetation. Any damage to Grantor's property or to the
surface, trees, shrubs or other vegetation caused by the instal-
lation, repair, removal or maintenance of the pipeline or atten-
dant facilities shall be 'repaired, restored or replaced by Gran-
tee to the satisfaction of Grantor.
Grantee hereby agrees to indemnify and hold the Grantor
harmless from and against any loss, damage or any liability which
may result from the Grantee's negligent installation, excavation,
construction, maintenance, repair, replacement, use or location
of the pipeline and /or attendant facilities, including attorney's
fees, as subsequently determined by a court of competent juris-
diction. Nothing herein shall constitute a waiver of Grantee's
rights as provided in Section 24 -10- 106(4), C.R.S. (1988 Repl.
Vol. 10A).
2
#378006 :.1 /i5 /90 15:28 Rec $125.00 BK 634 PG 219
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
Grantor warrants and agrees to defend the title to the
Easement Premises as conveyed herein.
Grantee will in no way hinder or prevent the proper and
reasonable use and enjoyment of the property through which this
easement is granted, provided, however, that no structure,
utility or other permanent encroachment may be erected by the
Grantor over, on, under or through the Easement Premises herein
conveyed absent Grantee's written consent.
This grant of easement shall run with the land and shall be
binding on and shall inure to the benefit of the parties to this
agreement and their respective successors or assigns.
The perpetual easement shall only expire upon •abandonment of
the pipeline located within the easement by Grantee pursuant to a
formal resolution adopted by the City Council of the City of
Aspen' abandoning said pipeline and vacating the easement.
The parties further agree that, if necessary, Grantor will
reconvey by correction deed the rights as granted herein when an
as -built centerline description is prepared at the completion of
all of the construction and installation as described herein.
IN WITNESS WHEREOF, the Grantor and Grantee have affixed
their duly authorized signatures on the dates as specified below.
THE ASPEN CENTER FOR ENVIRON-
MENTAL STUDIES
T homas M. -Cardamone -
Executive Director
Date: (Pl i'G-t' ?
THE CITY OF ASPEN
By: -
Title: MAyo'
Date: BGCa -htD * /` 9b
ATTEST:
•
3
15 /9(
Davis F•itLi F;c:r CS.Oci g,.
Cnt C1er} DocFst634 PG 220
STATE OF COLORADO )
- ) ss.
County of Pitkin
The forego)tg instrument was acknowledged before me this
3C- day of e1 &. , 1990, by Thomas M. Cardamone, Execu-
tive Director of The Aspen Center for Environmental Studies.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: k726795/
C
r `-/2"7.-L4A_AA.7 •., ..
Notar Public • '/
J, i d-,•
320 I 'L L C- 11 4
Addres 11&/
STATE OF COLORADO )
ss.
County of Pitkin
,, The foregoing instrument was acknowledged before me this
/Pa day of -, 1990, by William L. Stirling as Mayor
and Kathryn S. Koch as City Clerk of the City of Aspen,,Col!orado.
WITNESS MY HAND AND OFFICIAL SEAL.
wy Comndsalon expires 9/2719?.
my commission expires: - -
ty S ry Public / Nota /
9 J � � � e ss � d loth
Address
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EXHIBIT A i
^ROnS 11 /1=1 /Qo 15:29 FP_ i L. 634 Prr. '
1 .. \ c. DO::\ 3 Eft! ,n Cn'
-::. .. Ci e r 1 .. Dc % ilfl
McFLYNN & PICKETT
LAWYERS
A PROFESSIONAL CORPORATION
THE SMITH - ELISHA HOUSE
320 WEST MAIN STREET. SUITE 1
PO BOXI
ASPEN. COLORADO 81611
TIMOTHY McFLYNN" TELEPHONE (303) szs zzn
MARTHA C. PICKETT TELECOPIER (303) 625 -2442
October 5, 1990
Edward M. Caswall, Esq.
City of Aspen Attorney
130 S. Galena Street
Aspen, CO 81611
RE: Hallam Lake Water Line Easement
Dear Jed:
At Tom Cardamone's request, I am pleased to enclose authoriza-
tion for Tom to sign the Easement on behalf of ACES, vested in Tom
by the Board of Trustees at the regular monthly meeting on Tuesday,
September 25, 1990. If you have any questions, please give me a
call.
Very sincerely,
McFLYNN & PICKETT P.C.
By:
Timothy M Flynn
TM /k lm
Enclosure
cc: Tom Cardamone, ACES
Executive Director
aces \caswa11.105
4 Aspen Center for Environmental Studies
r
P.O. BOX 8777 • ASPEN, COLORADO 81612 • 303/925 -5756
Pursuant to Resolution by the Board of Trustees of the
Board of Trustees Aspen Center for Environmental Studies at their regular
Ingrid Antony monthly meeting on Tuesday, September 25, 1990, the
Al Dietsch
Dr. Scott Dolginow Executive Committee and ACES Executive Director Tom
Dottie Fox Cardamone are authorized to take all actions in respect
Mark Fuller to the City of Aspen /Hallam Lake water line and ACES
Susan Canoe
Tim Hagman Executive Director Tom Cardamone is authorized to execute
RuthHamitton all documents in connection therewith including Water
AndyHecht Line Easements.
Barbara Hines
Stuart u Mace ASPEN CENTER FOR ENVIRONMENTAL
Tim McFlynn STUDIES
Ann Nitre
Elizabeth Paepeke /
Fonda Paterson / .
Missy Prudden By: -- / i
Barbara Reid Timothy McF ynn
Stacy ro dley
Bob Sr Director, Treasurer
Bob y Tempest & Member of Executive
Committee
Advisory Committee
George Jones
Mary Hugh SiaveS \COfSent . 105
Paula Zurcher
CITY SPEN
1 `` 1 � ? , eet
' 1
30 ney
October 2, 1990
Mr. Tom Cardamone, Director
Aspen Center for Environmental Studies
P.O. Box 8777
Aspen, Colorado 81612
Re: Hallam Lake Water Line Easement
Dear Mr. Cardamone:
Pursuant to your conversations with Jim Gibbard of the Engineer-
ing Department, enclosed for ACES' review and approval is a copy
of a proposed easement intended to accommodate the installation
of the above -noted pipeline. If it meets with your approval,
please contact Jim so that we can get the original document
executed. If changes in the instrument are required, please let
me know.
I would appreciate you providing me some documentation illustrat-
ing that authority for signing the easement on behalf of ACES has
been duly vested by the ACES governing body in that person
executing the easement.
I would also like to hear from you regarding ACES' annexation
petition. As you know, I forwarded you a letter dated August
30th on the subject and have yet to receive your response.
Thank you for your cooperation.
Very truly yours,
Edward M. Caswell
City Attorney
EMC /mc
Enc.
recycled paper
Lours H. Buettner Surveying
0040 West Sopris Creek Road
Basalt, Colorado 81621
(303- 327 - 3611)
Easement Description
for
Aspen Center for Environmental Studies
A 15 foot Water Line Easement over, under and across those
parcels of land in the Lakeview Addition known as the Aspen
Center for Environmental Studies Property and recorded in the
on each
Basemen:, is 7.50 fee_ ch
records of Pitkin County. Said --
side of the follow.nc described centerline.
Commencing at the West Quarter corner of Section 7, Township 10
South, Range 84 West of the 6th Principal Meridian, Pitkin
County, thence t degrees 21 minutes 54 seconds
�• Colorado; .ner:e gout., 37 _
East, 829.05 feet to a point on the westerly boundary of said
Aspen Center for Environmental Studies property as describes; in
Book 457 at page 661 in the records of Pitkin County true point
of beginning; thence South 68 degrees 26 minutes 22 seconds
�. 9
East, _,.55 feet; thence South 70 Degrees 28 minutes 22 seconds
East, 22.08
feet to the easement terminus on the southerly
boundary of said parcel.
Together with a easement parcel described as follows:
Commencing at the West Quarter corner of Section 7, Township 10
South, Range 84 West of the 6th Principal Meridian, Pitkin
County, Colorado; thence South 34 degrees 01 minutes 19 seconds
East, 757.17 feet to a point on the easterly boundary of a parcel
of land in the Lakeview Addition deeded to the Aspen Center for
Environmental Studies in Book 581 at page
885, in the records of
Pitkin County, the true point of beginning; thence North 68
degrees 28 minutes 22 seconds West, 72.63 feet; thence North 87
degrees 55 minutes 29 seconds West, 150.17 feet; thence South 69
degrees 59 minutes 39 seconds West, 70.44 feet to a pond adjacent
and part of the Hallam Lake the terminus of this easement.
Excepting herefrom a parcel of land, described as follows:
Commencing at Lhe West Quarter corner of Section 7, Township 10
South, Range 84 West of the 6th Principal Meridian, Pitkin
County, Colorado; thence South 20 degrees 54 minutes 21 seconds
East, 646.43 feet to a point on the southerly boundary of the
above described easement the true point of beginning; thence
North 00 degrees 40 minutes 36 seconds East, 2.87 feet; thence
North 89 degrees 19 minutes 24 seconds West, 24.39 feet; thence
South 00 degrees 40 minutes 36 seconds West, 2.64 feet to the
southerly boundary of the above described easement the terminus
of this exception.
•
Louis H. Setner Surveying
2040 West Sopris Creek 2cia.
Basalt. Colorado 81E21
L303-927
September SO, 1090
City of Aspen
Endineering Lepa:tment
l3S South Ca:ena Street
Aspen, Colorado
Dear Jim - -
The included Easement descriptions are based on a survey
performerf dy me, or under my direction, reently. have
carefully reviewed the descriptions and declare them to be
accuraLe to the best of my 'nnowiedge and be Any change,
addion or deletion of any pact of the description will act to
void anv responsibility that. I may have for the descriptions. IL
is my understanding of the law that any responsibilities relieved
of me in regards Lo the destliptions will flow to the party
Fesponsible for changing the description(s).
The attached descriptions are for the water line crossing
the Lakeview Addition, the Paepcke and ACES ProrJertv.
: wish to thahl: you for your patronage.
Sincerely,
„ na.11.1
0 oar
Louis H. thuettner LB 13166
et ; •
fi ' •••
e C 0
•-• u"Z' 4 0 . 0 \ 4
1 3 1 6 6 :P1
• .
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teCa:frs ,
:" o °
'‘ oF
EASEMENT
THIS GRANT OF EASEMENT is made and entered into
('
H. Paepcke, 414 North First Street, Aspen, Colorado
and the City of Aspen, a(Gunicip'l corporation, 130 South Galena
Street, Aspen,
WHEREAS, Grantor is the owner of a certain parcel Colorado, f land
d and
located within the City of Aspen, County of Pitkin,
commonly known as the Paepcke Lakeview Addition Property
described as follows:
A tract of land within Block 3, L akev i e w Addition to t
t
City of Aspen, commencing at
Section 7, Township 10 South, Range 84 West of the 6th
Principal Meridian, Pitkin County, Colorado; thence South
22 °7' West, 521.81.feet to the Northwest ftBlock 3,
Lakeview Addition to the City of Aspen, Colorado;
South 79 °11' East, 319.02 feet to the true point of beginn
ing; thence South 6 °35'44" West, 220.64 feet; thence
79 °11' East, 75.0 feet; thence North 10 °49' East,
feet; thence North 79 °11' West, 91.32 feet to the true point
of beginning.
WHEREAS, Grantee desires to obtain a perpetual easement
over, under and across Grantor's parcel for the construction,
installation and maintenance of a ten (10) inch water pipeline.
NOW, THEREFORE, for and in consideration of the mutual
covenants and obligations contained herein and the payment by
Grantee of Ten Dollars ($10.00), the receipt and sufficiency of
which is hereby acknowledged by Grantor, Grantor does hereby
grant, sell, and convey to Grantee a perpetual easement and also
a temporary construction easement to construct, install, main-
tain, operate, repair, remove and replace an underground water
pipeline, with attendant fittings and facilities, along
ea
s
across the Easement Premises ly described parcel
s:
described above, and more p articular
A strip fifteen (15) feet in width over, under and across
the Grantor's parcel centered on and extending seven (7)
feet and six (6) inches to either side of the following
described centerline, in such a manner that at all angle
points along the centerline, and at the point of beginning
to the point of terminus, the exterior boundary lines of the
strip shall lengthen or shorten as necessary to form a
continuous strip exactly fifteen feet in width:
Commencing at the West Quarter corner of Section 7, Township
10 South, Range 84 West of the 6th Principal Meridian,
Pitkin County, Colorado; thence South 37 °21'54" East, 829.05
feet to a point on the westerly boundary of a parcel of land
in said Lakeview Addition deeded to the Aspen Center for
Environmental Studies and recorded in Book 457 at Page 661
the true point of beginning; thence North 68 °28'22" West,
85.46 feet to a point on the easterly boundary of a parcel
of land in said Lakeview Addition deeded to said Aspen
at
Center for Environmental Studies and recorded in B5okl581eat
Page 885, said point being South 34°01'19" East, 7.7
from said West Quarter Corner of Section 7 the terminus of
this easement, as depicted on the Map of Lakeview Addition
Water Line Easements attached hereto and incorporated herein
as Exhibit "A ".
Grantee shall have all other rights and benefits necessary
or convenient for the full use of the rights granted herein,
including, but not limited to, full rights of ingress and egress
over and across the property to and from the easement.
Grantee's pipeline and all associated facilities shall be
constructed, installed, maintained, and operated in a safe and
age to or
workmanlike manner and in such way as and
destruction of Grantor's property, y, trees,
other vegetation. Any damage to Grantor's property or to the
surface, trees, shrubs or other vegetation caused by the instal-
lation, repair, removal or maintenance of the pipeline or atten-
dant facilities shall be repaired, restored or replaced by Gran-
tee to the satisfaction of Grantor.
Grantee hereby agrees to indemnify and hold the Grantor
harmless from and against any loss, damage or any liability which
may result from the Grantee's negligent installation, excavation,
construction, maintenance, repair, replacement, use or location
of the pipeline and /or attendant facilities, including attorney's
fees, as subsequently determined by a court of competent juris-
diction. Nothing herein shall constitute a waiver of Grantee's
rights as provided in Section 24 -10- 106(4), C.R.S. (1988 Repl.
Vol. 10A).
Grantor warrants and agrees to defend the title to the
Easement Premises as conveyed herein.
Grantee will in no way hinder or prevent the proper and
reasonable use and enjoyment of the prop erty throughcwhich this
easement is granted, provided, however,
utility or other permanent encroachment may be erected by the
Grantor over, on, under or through the Easement Premises herein
conveyed absent Grantee's written consent.
2
This grant of easement shall run with the land and shall be
binding on and shall inure to the benefit of the parties to this
agreement and their respective successors or assigns.
The perpetual easement shall only expire upon abandonment of
the pipeline located within the easement by Grantee pursuant to a
formal resolution adopted by the
enC cCouncilhofethemCity of
Aspen abandoning said pipeline
The parties further agree that, if necessary, Grantor will
reconvey by correction deed the rights granted
edeherein when a
a
as -built centerline description is prepared
all of the construction and installation as described herein.
IN WITNESS WHEREOF, the Grantor and Grantee have affixed
their duly authorized signatures on the dates as specified below.
GRANTOR:
�I; AIL► N �c� Q____�
Elizabeth H. Paepcke
GRANTEE:
THE CITY OF ASPEN
By:
Title:
Date:
ATTEST:
3
• \h/ s I
STATE OF COLORADO )
ss.
County of Pitkin
9 foregoing instrument was acknowledged before me this
day of 4/f - L, , 1990, by Elizabeth H. Paepcke.
WITNESS MY HAND AND OFFICIAL SEAL.
MYCORYNIObn expires 9127y1
My commission expires:
N«! ary Pub es � ' c ,
4;
0 ffO�
Ad (
. es
STATE OF COLORADO )
ss.
County of Pitkin
The foregoing instrument was acknowledged before me this
day of , 1990, by William L. Stirling as Mayor
and Kathryn S. Koch as City Clerk of the City of Aspen, Colorado.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
Address
4
a1E mORANDU M
DATE: June 4, 1986
TO: Housing Office
FROM: City Attorney
RE: Lease Agreement /220 Puppy Smith Street
Please review the attached Lease Agreement with regard to
Paragraph 6 on Page 3,
PJT /mc
Attachment
it
LEASE AGREEMENT
THIS LEASE AGREEMENT made and entered into this day
of June, 1986, by and between the Aspen Center for Environmental
Studies, a Colorado not for profit corporation (hereinafter
"ACES "), and the City of Aspen, Colorado, a home rule municipal
corporation (hereinafter "City").
R E C I T A L S
1. The City owns that real property located in the City of
Aspen, County of Pitkin, State of Colorado, commonly known as 220
Puppy Smith Street, upon which is located a residence.
2. ACES is desirous of leasing said property and residence
for the purpose of housing employees and guests of ACES.
3. The City Council has authorized and approved the execu-
tion of this lease.
NOW, THEREFORE, it is mutually agreed by the parties as fol-
lows:
1. Rent. Upon the payment of the rent as hereinafter set
forth, the City hereby leases to ACES for the purposes hereinafter
stated, that property and the residence located thereon, commonly
known as 220 Puppy Smith Street, Aspen, Colorado, more speci
fically described as follows:
Lots 2 and 3, Block 4,
Lakeview Addition
2. Term. The term of this lease shall be for a period of
two (2) years, commencing June 1, 1986, and terminating May 31,
1988, at a yearly rental rate of Ten Dollars ($10.00) per year,
payable by Tenant upon the execution of this lease agreement.
3. Indemnity. ACES does hereby covenant and agree to
indemnify and save harmless the City from all liability, claims,
demands and actions of any kind and nature by reason of any and
all of ACES use of premises, and ACES shall procure, at ACES own
expense, personal and public liability insurance for the benefit
of the City (naming City as co- insured) with limits of not less
than those specified by Section 24 -10 -114, C.R.S., as may be
amended from time to time and in such amounts as it may be agreed
by City. As a condition of occupancy, ACES shall maintain said
coverage in full force and effect during the term of this lease
and prior to occupancy shall furnish the City with a copy of such
coverage or a certificate evidencing such coverage. All insurance
policies maintained pursuant to this lease agreement shall contain
the following endorsement:
"It is hereby understood and agreed that this insurance
policy may not be cancelled by the surety nor the intention
not to renew be stated by surety until thirty (30) days after
receipt by the City, by registered mail, of a written notice
of such intention to cancel or not to renew."
4. Maintenance and Repairs. ACES shall, at ACES own
expense, maintain the premises in as good condition and repair as
exists at the time of occupancy.
2
5. Utilities. ACES shall, at its own expense, provide all
utilities upon the premises, including water, electricity, tele
phone and garbage collection.
6. Use of Premises. ACES shall use and occupy the premises
for residential purposes for employees of ACES and short -term
guests and for no other purpose without the City's prior written
consent. All occupants of the premises utilizing the same for a
period in excess of seven (7) days shall be qualified and approved
by the City of Aspen /Pitkin County Housing Authority as satisfying
the qualifications for employees of "low" income. Further, ACES
shall not keep, use or permit the use of anything prohibited by
any policy of fire insurance covering the premises and shall com-
ply with all requirements of insurers applicable to the premises
to keep in force fire and liability insurance.
7. Assignment and Subletting. ACES shall not assign this
lease or sublet the premises or any part thereof without the prior
approval of the City of Aspen / Pitkin County Housing Authority.
8. Surrender of Premises. Upon the termination of this
lease, by expiration of its terms or otherwise, ACES shall surren
der the premises to City in good order and condition, ordinary
wear and damage by the elements excepted; and ACES shall remove
all of its property and shall repair any damage to the premises
caused by such removal. Any property of ACES, or any one claiming
under ACES, which shall remain upon the premises after termination
of this lease shall be deemed to have been abandoned and may be
3
retained by the City as its property or disposed of in such manner
as City sees fit.
9. Access_to_Premises. The City shall be entitled to enter
upon the premises at all reasonable hours for purposes of inspect
ing the same, preventing waste or loss, or enforcing any of the
City's rights hereunder.
10. Alterations Additions and Improvements. Prior to the
commencement of any work on alterations, additions and improve
ments, all plans and specifications shall be submitted by ACES to
the City Manager for prior written approval.
All alterations, additions and improvements on or in the
premises at the commencement of this lease that may be erected or
installed during the term of this lease shall become a part of the
premises and the sole property of the City. Any alteration,
improvement or repair shall be made in a satisfactory and workman
like manner. ACES shall not permit any lien or other encumbrance
to be filed against the premises in connection therewith, and
shall indemnify the City against such liens and encumbrances.
11. Waste and Nuisance_ Prohibited. ACES shall not commit,
or suffer to be committed, any waste on the premises or any nui
sance.
12. Notice. All notices required hereunder shall be in
writing and shall be deemed to have been given if either delivered
personally or mailed by certified or registered mail to City or to
ACES, as the case may be, at their respective addresses as fol-
4
lows or to such other addresses as either party may so notify the
other in writing:
CITY: ACES:
City of Aspen Aspen Center for Environmental
c/o City Manager Studies
130 South Galena Street c/o Tom Cardamone, Director
Aspen, Colorado 81611 P.O. Box 8777
Aspen, Colorado 81612
13. Modification. This lease may be modified only by writ-
ten agreement executed by the parties hereto.
14. Default. Should ACES become insolvent or be dissolved,
or should the premises be used for purposes other than for short -
term guests and employees of ACES, or should ACES fail to abide by
any of the covenants, terms or conditions of this lease agreement,
then, in any of such events, the City shall have the right to
terminate this lease upon seven (7) days' written notice. It is
further agreed that no assent, expressed or implied, to any breach
of any one or more of the covenants or agreements herein shall be
deemed or be taken to be a waiver of any succeeding or other
breach. Additionally, the parties agree that if legal action is
taken by either party hereto to enforce any of the provisions of
this lease, the prevailing party in any legal action shall be
entitled to recover from the other party all of its costs, includ
ing reasonable attorney's fees.
15. Quiet Enjoyment. Subject to the terms of this lease and
the faithful performance of ACES' obligations hereunder, ACES
shall have quiet enjoyment of the premises during the term here
of.
5
CITY OF ASPEN, COLORADO
By
William L. Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
ASPEN CENTER FOR ENVIRONMENTAL
STUDIES, A Not for Profit
Corporation
By -
Title____
ATTEST:
Title
6B
6
+uly 23, 1%4
Mr. Tom Cardamone
Director /A.C.E.S.
P.G. Box 8777
Aspen, Colorado h1612
Dear Tom:
LnClOSEf3 herein jie,ase find An original and one copy of
the lease between the City and A.C.E.S. for the Puppy
Smith Street house. Please execute Loth copies and
return to me along with your check in the amount of
upon execution cy Cue Cit -, I will return one
copy to you tor your records.
Please Call me it you have any C'L`estions.
Very truly yours,
L.i . P,Ri: c: & Y'F+.i.:i.O t:
Paul J. Taddune
City Attorney
POT /:mc
Ent.
CITY OF ASPEN
MEMO FROM PEGGY CARLSON
Paul --
This lease has been changed in
accordance with Tom Cardamone's request
and the Council minutes. I am going to
send it to Tom for signatures and ask
him to return it to me for the City
signatures. Should I also ask him to
send us a check in the amount of $2.00?
pc
DENORADDUM
DATE: June b, 1984
TO: Larry ThoreZOn
Tom Cardar one
Fitnt': City Attorney
ML: Lease between City and ACE,' for Lakeview Property
Attached for your review and comment please find a
proposed lease for the house located at 220 Puppy Smith
Street. Please call tae if you have any changes or any
questions.
PJ'i /sic
Etta chi a nt
CITYOF ASPEN
130' ou.th g ale , treet
aspaa t solo cr`~.16
3=925 1
Date: 5/30/84
cc: Bill Stirling
To: Ron Mitchell Paul Taddune
Jim Holland
Sheree Sonfield
From: Larry B. Thoreson
Re: ACES and the Hallam Lake Houses
On 5/23/84, a meeting concerning the above was held inCityeHallcwith
Tom Cardamone, Paul Taddune, Jim Holland, and u n proposed terms to e
The purpose of this meeting was to discuss prop
to ACES and other items of mutual concern.
'aul Taddune is currently in the process of drafting this lease with ACES,
incorporating many of the items discussed at that neeti,.- - --
Another matter of discussion was the proposed destruction of the 2nd Hallam
Lake house to make room for a parking lot. From my discussion with you on
this date, I understand that the City Council is still awaiting further word
from Hal Clark (ACES) and Jim Belfont (Pitkin County Director of Bldgs.,
Grounds, and Trails). The progress on this item is a matter of concern to
all of us and we would appreciate being updated on any progress when it
occurs.
Should yu have any questions concerning any of the above, please do not
hesitate-to contact me.
b?Att.--)
•_- 3
CIT OF ASPEN
130 south galena street
aspen, colorado , 81611 Paul J. Taaannc
303-925-2020 city Attorney
Gary S. Esary
A ssistant City Attorney
May 2, 198 Peggy Carlson
Administrative Assistant
Bruce Hansen,
Janice Rust or
Mary Wilson
220 puppy Smith street
Aspen, Colorado
R Tenancy at 220 puppy Smith Street;
Lots 2 and 3, Block 4,
Dear Bruce, Janice and Mary:
you that The City of Aspen closed on
property on April 22, 1983,
This h to advise Y 22,
are
the a bove - refer P Y due not later
and sale of ly, yo ,
and is now the record next entalrpayment of $ 00, Finance
your next t
directed to make ydirectly o the "City of Aspen
Department May t, at address.
the above under a month -
Department at three of you to be
The City considers the three
first day of each month at a be
beginning on utilities, which month
are t
monthly rent of
monthly rent of S 750.00, not including
you are also
your separate responsibility•
(30)
to avoid any misunderstandingthirty
However remises within tt any rights
tefrec to vacate t the premises for this
hereby no this letter, pursuant 1 1982,
days may have rhadiunder the lease of an Andre 1982, for the
ro may hbvt had
you between you, or any o f you,
Frank Christopher. dis assess
City's intention actually y all peat mayccupy
I t is m ot but merely to extinguish
time, but merely to a llow you to continue to °
you at this eq,£�i� lease and until a new lease
the under the a month -t °-month basis
the premiCet ° can be negotiated.
with the City
Page Two
Bruce Hansen, Janice Rust,
Mary Wilson
May 2, 1983
You will be contacted shortly to discuss the terms of a new
lease. Meanwhile, it is our understanding that you have no
and that
security deposit (including last month's rent) or the property
all utilities are dn,of with
the utility
tenant _deposits, if any, (except
water) being in the names P
Feei free to call me if you have any questions.
Very truly yours,
Gary S. Esary
Assistant City Attorney
GSE /fs
cc: Wayne Chapman, City _Manager
Larry Thoreson, Finance
Jim Holland, Parks
Aspen Center for Environmental Studies
April 23, 1
Mr. Paul Taddune
City Attorney
City of Aspen
130 S. Galena
Aspen, CO. 81611
Re: City's Puppy
Smith Street House
Dear Paul,
This letter is in the form of an inquiry. The current
lease on the above mentioned house statesth00 damage is
a 90 day wait before the return of the $500.
deposit can be given.
On a recent brief inspection of the interior of the house,
it was revealed that it may behoove the City to retain at
least a the recordwoflthe . It
also be important 1983 lease.
conndition of the house prior to the November 1,
If appears that without
no impossible, if not imposssible,
present tenants.
As the tenants are leaving the city of Aspen before the
30th, I would like to request that you contact me prior
to 4/26/84 if possible to clarify them matter. 1 would
like to ask that this letter be kept eecf ldm
to
the present renters until we have had an opportunity
talk.
Thank you for your attention to this matter.
Sincerely,
Tom Cardamone
Director /A .0 .E .S.
TO /lc
P.O. Box 8777 • Aspen, Colorado 81612 • (303) 925 -5756
4411„ 1 3 MEMORANDUM
TO: Paul Taddune, City Attorney
FROM: Ronald L. Mitchell, Assistant City Manager
RE Termination of Hallam Lake House Lease
DATE: March 22, 1984
Please prepare the appropriate notice to the current tenants of
the Hallam Lake house indicating that their lease will terminate
at its expiration.
A new lease with ACES should be prepared lindicatingutheyohalhave
a 2 year lease for $1 per year.
maintenance of the house.
klm
CITY OF ASPEN
1 30 s outh' galena street
aspen, Col orado 81 611
an 2
Larry- -
Those 227 Puppy Smith guys never did come in to meet you and effect the
turnover, so we'll have to have turnover without handshakes.
You should have a copy of the lease and a copy of the sample eviction notice.
As I see it, they are the following problems areas:
1. Rent - -we have to stay vigilant to see that these guys pay on time. Usually
a friendly note about the 5th brings the cash in but the eviction notice
has never failed to impress.
2. Deposit- -they are supposed to deposit $500, but only have $100 on account so
far.
3. Arrearages - -they are behind on the electrict bill and inherited a $129
arrears bill when they signed the lease - -they shouldn't have to nay the full
amount of the $129, but we should settle for something on that - -try for half.
4. Abandoned cars - -Tom Cardamone of ACES (925 -5756) has asked us to get
rid of the abandoned cars in front and we should. Cars belong to forger tenants
and present tenants we informed weeks ago to move or lose. I asked the oolice
pr`iorrity withythem.gePleaseefollow ago, but it
the carsmovedbably not a high
thats about it - -with these nut's and arthurs, you should have you hands full.
thanks,
CITY OF ASPEN
130 south galena street
aspen, colorado 81611
Dec. 8
Ron & Tim- -
Reminder on the rent & utility bills -- please pay and come see me when you
do to schedule the meeting on the new lease.
thanks,
•
CITY OF ASPEN is
MEMO FROM GARY S. ESARY
Nov. 10
Ron:
Time to see your smiling face again.
With your smiling wallet.
gli?Ca •
•
CIT r.s SPEN
130 • reet
asp. lc, 611
•
MEMORANDUM
DATE: October 18, 1983
TO: City Council
FROM: Gary Esary• •
RE: Hallam Lake /220 Puppy Smith Residence /6 -Month Lease
Approved for submission to Council:
2
„ '44, % ;. cc et
Way - Chapman, y Manager
:a•k•round
`Attached is a copy of a 6 -month lease for the subject property,
commencing November 1, 1983, at $750 a month.
Since September 1 and during the pendency of the City's discus-
sions with the Hallam Lake Conservancy people regarding planning
and use of that entire area, we have been renting the residence to
Ron Kraft and his roommates on a month -to -month basis. They have
been acceptable tenants.
The tenants are willing to continue to rent the property but,
because of their need to get their housing settled for the winter
season, will only rent on a 6 -month basis after November 1.
Recommendation
No recommendation by this office. I am not familiar with the
present status of the discussions or with the needs of the Conser-
vancy people for winter occupancy of the residence. This is being
presented to you as a structure - maintenance and income - producing
option for you in the event that a resolution with the Conservancy
people is not expected before Spring.
Memorandum to City Council
October 18, 1983
Page Two
Action
Should you wish to approve the lease arrangement, an appropriate
motion would be:
"I move to approve the leasing of the 220 Puppy Smith Street resi-
dence until April 30 at $750 a month, according to the presented
lease or upon similar terms to other private persons as approved
by the City Manager."
GSE /mc
Attachment
CITY OF ASPEN 4 . )
MEMO FROM GARY S. ESARY
Oct. 4
Dear Mr. Kraft:
Get your butt in here with the October rent.
a so'ese
CITY OF ASPEN ito
MEMO FROM GARY S. ESARY
Sept. 1
Larry Thoreson
I will be out of town until Sept. 16
Paul asked me to check up on the status of
the July 28 letter to Swidler (Sopris Security).
So what's happening ??
Also, on the Lakeview house, I've prepared alease,
a copy of which is attached. but the m and hasn't come
leaving a
m sending a copy
to c yo $ 850 wi - . If he signs it, He should plunk
down $
copy -e .11 the utilities should be
- '
paid up to date.
If they don't sign or pay by Sept. 5, please send
one of our eviction notices and then tell Paul if
there's no payment after that.
thanks,
tea
‘,r
CITY OF ASPEN s lik
MEMO FROM GARY S. ESARY
Sept. 1
Ron- -
Here's a copy of the lease. Please revi to t
and, if it's o.k., bring it into City
m ygn it and have your signature
no arized, and then take, $850 to the cashier's
office.
I'll be out of tn but I've told my secretary and
LarrY Thoreson in Finance to expect you by
the
5th.
thanks,
4
I
1
LEASE I
I
THIS INDENTURE, Made this
31st day of August 83 19 i
between T he Cit bf Aso Colorado 11
i •
, party of the first part,
II,
and R'. a I
arty of the second part, I
Ii P � I
l
j. P
W ITNESSETH: That the said party of the first part, in consideration of the covenants of t e i i
said party of the second part, hereinafter set forth, do by these presents lease to the said party of 11
I i the second part, the following described property, to wit:
1 Lots 2 & 3, Block 4, Lakeview Addition, City of Aspen,
I
and the residence thereon.
also known as street and number 220 Puppy Smith Street
I
TO HAVE AND TO HOLD to the said party of the second part from the
lct
day of sa par
198 --., to the —nib-- day of Sep her , 19_ ---.
t
And the said id party
of the second part, in consideration of the leasing of the premises as above set
forth, covenants and agrees with the party of the first part to pay the said party of the first part
11 � DOLLARS
as rent for the same the sum of " "'
payable as follows, to wit:
plus $100 $100 before 60 window, City Hal ,
rt, that
The said party of the second part further covenants with the
peaceable said party
of of the said fi rs t p sh
at the expiration of the time mentioned in this Lease,
be given to the said party of the first part, in as good condition as they now are, the usual wear,
inevitable accidents, and loss by fire excepted; and that upon the non - payment of the whole or
d, the said party of
any portion said rent at the time when the election, a Cher d strain for said r due, or declare
the first part t may, i es
this Lease at an end, and recover possession as if the same was held by forcible detainer; the said
party of the second part hereby waiving any notice of such election, or any demand for the
possession of said premises:
IT IS FURTHER COVENANTED AND AGREED, Between the parties aforesaid
1. Permanent occupancy by no more than three persons.
2. All utilities to be paid by tenants in addition to rent amount.
3. All tenantable maintenance to be the responsibility of tenants.
4. $25.00 charge for late payment and /or NSF checks.
5. Prevailing party entitled to attorney's fees if legal action necessary.
6. Personal propertyof City (applicances, etc.) to be well- maintained.
The covenants herein shall extend to and be binding upon the heirs, executors and adminis-
trators of the parties to this Lease.
Witness the hands and seals of the parties aforesaid.
(SEAL)
(SEAL)
(SEAL)
No. 793. LEASE. - Bradford Publishing. 5825 W. 6th Ave.. Lakewood. CO8021a_pmlzi3 -6YM1 1-83 0
STATE OF ss.
County of day of 19 before the un-
On in said county, in the state aforesaid,
dersigned
personally came
to me known to be the identical person described in and who executed the foregoing Lease
voluntary act and deed.
and acknowledged said instrument to be the day and year last above written.
Witness my hand and
My commission expires
Notary Public
•
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CZ. E i VI C.) o 0
CITY OF ASPEN
MEMO FROM GARY S. ESARY
Aug. 22
Billie:
Pls. Pay the utility bill and then bill
Ron Kraft at 220 Puppy Smith Street.
Review the attached letters and they will
give you the essence of our arrangment with
these people.
Council will decide tonight whether to rent the
house for a few more months.. I'm going on vacation
on Sept. and hope to have all the rent and stuff
for that month handled by them. If not, someone
in your department will have to do it. Larry
has copies of the eviction notices that can be
rdporoduced, if necessary.
thanks, call with any questions.
ag
gse
cc: Larry Thoreson
August 22, 1983
Ron Kraft
220 Puppy Smith Street
Aspen, Colorado 81611
Dear Ron:
I have some information regarding your continuing
tenancy at 220 Puppy Smith Street.
Please come to see me at your earliest convenience.
Very truly yours,
Gary S. Ksary
Assistant City Attorney
GSE /mc
l i
41 oa r re
aft,. crow
h Asfr wales 4 qa5
August 2, 1983
Bruce Hansen
Janice Rust
Mary Wilson
220 Puppy Smith Street
Aspen, Colorado 81611
Re: Payment of July Rerit; 220 Puppy Smith Street
Dear Bruce, Janice and Mary:
:-e are in receipt of your payment on account for the referenced
rent of $686.00. The rent due was $750.00 and you therefore have
an arrearage of $04.00.
We are also in receipt at your statement for 8 weeks of lawn care
in the amount of $64.00. The clerk who accepted the rent payment
and the statement was told by one of you that the lawn care charge
and set -off against rent due was pursuant to an agreement with me.
If made, such an assertion is false. I have never made in agree-
ment with you with respect to lawn care and I do not have the
authority to do so. The statement for lawn care is rejected.
The person who has the authority to make such an arrangement, Jim
Holland, the City's Parks Director, considered Bruce's request to
be paid for doing the lawn work and rejected the proposal.
Legally, the City, as Landlord, has no obligation to maintain the
yards of a leased property. Although there are practical argu-
ments on both sides of the proposal (your maintenance of the next
door back yard, your use of the next door back yard as a horseshoe
sit, etc.) Mr. holland decided not to accept Bruce's proposal and
that is that. Consequently, you are informed to add the 864 onto
the next rent bill, due in August.
As I told Bruce, the City is in the process of trying to decide
whether to continue to rent the house or to enter into an arrange -
ment with the Aspen Center for Environmental Studies (ACES), which
maintains the Hallam Lake Sanctuary. It is getting harder and
more embarrassing tor me to advise the City management to continue
to rent the house as the uifticulties with your tenancy increase.
Letter to Bruce Hansen, Janice Rust, P'.ary Wilson
August 2, 1983
Page Two
For tne last time, let me make several points:
ll
1. The S750.U rent is due in the ec ashier'srofficeginUCity,Halln month
by 5:00 p.m. on the first day
the rent t wi du ll be due August 4). A bounced check will be con-
sidered non - payment and will henceforth be subject to a $25.00
handling charge.
�oya
2. There is no agreement to set -off any amount for yard care
against tne rent. The yard care is solely your responsibility.
.
3. If the rent is not paid in full by the first due date of the
month, an eviction notice will go out on the next day.
4. On August 4, 1963, you owe the sum of $815.00, being the
August rent of $750.00, plus the $64.00 arrearage.
5. I'm to be inforgced iouaediately of any new tenants.
Tease call if you have any questions.
Very truly yours,
Gary S. Esary
Assistant City Attorney
GSE /mc
cc: Jim Holland
•
Larry 'Toreson
bee- lANK15.E"y"a
•
CITY OF ASPEN
130 south galena street
aspen, colorado 81611
303-925-2020 Paul J. Taddune
• City Attorney
Gary S. Esary
May 2, 1983 Assistant c ity Attorney
Peggy Carlson
Administrative Assistant
Bruce Hansen, `T75 "
Janice Rust
Mary Wilson
220 Puppy Smith Street
Aspen, Colorado 81611
Re: Tenancy at 220 Puppy Smith Street;
Lots 2 and 3, Block 4,
Dear Bruce, Janice and Mary:
This is to advise you that The City of Aspen closed on
the sale of the above - referenced property on April 22, 1983,
and is now the record title holder. Accordingly, you are
directed to make your next rental payment of $750.00, due not later
than May 5, 1983, directly to the "City of Aspen" c/o Finance
Department at the above address.
The City considers the three of you to be under a month -
to -month tenancy beginning on the first day of each month at a
monthly rent of $750.00, not including utilities, which are to be
your separate responsibility.
However, to avoid any misunderstanding, you are also
hereby notified to vacate the premises within thirty (30)
days of the receipt of this letter, pursuant to any rights
you may have had under the lease of July 1, 1982, for this
property between you, or any of you, and Andre Ulrych and
Frank Christopher.
It is not the City's intention actually to dispossess
you at this time, but merely to extinguish all rights that may
exist under the entire lease and to allow you to continue to occupy
the premises on a month -to -month basis until a new lease
with the City can be negotiated.
•
•
Page Two
Bruce Hansen, Janice Rust,
Mary Wilson
May 2, 1983
You will be contacted shortly to discuss the terms of a new
lease. Meanwhile, it is our understanding that you have no
security deposit (including last month's rent) or the property and that
all utilities are corrent, with utility deposits, if any, (except
water) being in the names of the tenants.
Feel free to call me if you have any questions.
Very truly yours,
Gary S. Esary
Assistant City Attorney
GSE /fs
cc: Wayne Chapman, City Manager
Larry Thoreson, Finance
Jim Holland, Parks
LEASE AGREEMENT
THIS LEASE AGREEMENT made and entered into this
_L=-- day
of June, 1984, by and between the Aspen Center for Environmental
Studies, a Colorado not for profit corporation (hereinafter,
"ACES "), and the City of Aspen, Colorado, a home rule municipal
corporation (hereinafter "City").
R E C I T A L S
1, The City owns that real property located in the City of
Aspen, County of Pitkin, State of Colorado, commonly known as 220
Puppy Smith Street, upon which is located a residence.
2. ACES is desirous of leasing said property and residence
for th purpose of housing employees and guests of ACES.
3, The City Council has authorized and approved the execu-
tion of this lease.
NOW, THEREFORE, it is mutually agreed by the parties as fol-
lows:
1. Rent. Upon the payment of the rent as hereinafter set
forth, the City hereby leases to ACES for the purposes hereinafter
l ego
stated, that property and the residence located thereon, commonly
known as 220 Puppy Smith Street, Aspen, Colorado, more specifi
cally described as follows:
Lots 2 and 3, Block 4,
Lakeview Addition kin
City of Aspen, County of
2, Term. The term of this lease shall be for a period of
1984, and
two (2) years, commencing `
7 1986, at a yearly
terminating �
rental rate of On- Dollar ($1.00) per year, payable by Tenant upon
the execution of this lease agreement.
3. Indemnity. ACES does hereby covenant and agree to
indemnify and save harmless the City from all liability, claims,
demands and actions of any kind and nature by reason of any and
all of ACES use of premises, and ACES shall procure, at ACES own
expense, personal and public liability insurance for the benefit
of the City (naming City as co- insured) with limits of not less
than those specified by Section 24 -10 -114, G.R.S., as may be
amended from time to time and in such amounts as it may be agreed
by City. As a condition of occupancy, ACES shall maintain said
coverage in full force and effect during the term of this lease
and prior to occupancy shall furnish the City with a copy of such
coverage or a certificate evidencing such coverage. All insurance
policies maintained pursuant to this lease agreement shall contain
the following endorsement:
"It is hereby understood and agreed that this insurance •
policy may not be cancelled by the surety nor the intention
not to renew be stated by surety until thirty (30) days after
receipt by the City, by registered mail, of a written notice
of such intention to cancel or not to renew."
4. Maintenance and Repairs. ACES shall, at ACES own ,
expense, maintain the premises in as good a condition and repair
as exists at the time of occupancy.
5. Utilities. ACES shall, at its own expense, provide all
•
utilities upon the premises, including water, electricity, tele-
phone and garbage collection.
6. Use of Premises. ACES shall use and occupy the premises
for residential purposes for employees of ACES and short -term
guests and for no other purpose without the City's prior written
consent. All occupants of the premises utilizing the same for a
period in excess of seven (7) days shall be qualified and approved
•
by the City of Aspen /Pitkin County Housing Authority as satisfying
the qualifications for employees of "low" income. Further, ACES
shall not keep, use or permit the use of anything prohibited by
any policy of fire insurance covering the premises and shall corn -,
ply with all requirements of insurers applicable to the premises
to keep in force fire and liability insurance.'
7. Assignment a nd Sub lettin g . ACES shall not assign this
lease or sublet the premises or any part thereof without the prior
approval of the City of Aspen /Pitkin County Housing Authority.
2
8. Surrender of Premises. Upon the termination of this
lease, by expiration of its terms or otherwise, ACES shall surren-
der the premises to City in good order and condition, ordinary
wear and damage by the elements excepted; and ACES shall remove
all of its property and shall repair any damage to the premises
caused by such removal. Any property of ACES, or any one claiming
under ACES, which shall remain upon the premises after termination
of this lease shall be deemed to have been abandoned and may be
retained by the City as its property or disposed of in such manner
as City sees fit.
9. Access to Premises. The City shall be entitled to enter
upon the premises at all reasonable hours for purposes of inspect-
ing the same, preventing waste or loss, or enforcing any of the
City's rights hereunder.
10. Alterati Add
ons, itions and Improvements. Prior to the
commencement of any work on alterations, additions and improve
ments, all plans and specifications shall be submitted by ACES to
the City Manager for prior written approval. 1
All alterations, additions and improvements on or in the
premises at the commencement of this lease that may be erected or
installed during the term of this lease shall become a part of the
premises and the sole property of the City. Any alternation,
improvement or repair shall be made in a satisfactory and workman-
like manner. ACES shall not permit any lien or other encumbrance
to be filed against the premises in connectin therewith, and shall
indemnify the City against such liens and encumbrances.
11. Waste and Nuisance Prohi ACES shall not commit,
or suffer to be committed, any waste on the premises or any nui-
sance.
12. Notice. All notices required hereunder shall be in
writing and shall be deemed to have been given if either delivered
personally or mailed by certified or registered mail to City or to
ACES, as the case may be, at their respective addresses as fol-
.
3
lows or to such other addresses as either party may so notify the
other in writing:
ACES:
City: Aspen Center for
c
co /oy Sit ut Aspen Aspen
Environmental Studies
130
130 South Galena
Street c/o Tom Cardamone, Director
Aspen, Colorado 81611 P.O. Box 8777 Aspen, Colorado 81612
13. Modifications. This lease may be modified only by writ-
ten agreement executed by the parties hereto.
14. Default. Should ACES become, insolvent or be dissolved,
or should the premises be used for purposes other than for short-
term guests and employees of ACES, or should ACES fail to abide by
any of the covenants, terms or conditions of this lease agreement,
then, in any of such events, the City shall have the right to
terminate this lease upon seven (7) days' written notice. It is
further agreed that no assent, expressed or implied, to any breach
of any one or more of the covenants or agreements herein shall be
deemed or be taken to be a waiver of any succeeding or other
breach. Additionally, the parties agree that if legal action is
taken by either party hereto to enforce any of the provisions of
this lease, the prevailing party in any legal action shall be
entitled to recover from the other party all its costs, including
reasonable attorney's fees.
15. Quiet Enjoyment. Subject to the terms of this lease and
the faithful performance of ACES' obligations hereunder, ACES
shall have quiet enjoyment of the premises during the term
hereof. CITY OF ASPEN, COLORADO
By g Ma or
Wil iam L. Stir in , Y
ATTEST:
Kat ryn S. Koch, City Cler
ASPEN CENTER FOR ENVIRONMENTAL
STUDIES, A Not For Profit
Corporation
By
Title
ATTEST:
Title
4
NOTICE TO PAY OR VACATE
Pursuant to Section 13 - - 101, et seq., C.R.S. 1973
TO: Bruce Hansen, Tenant
Qar (o6-f- 3 :4C " Lin ri
Janice Rust, Tenant
Mary Wilson, Tenant
PLEASE TAKE NOTICE that you have failed to pay rent due
July 1, 1983, in the amount of $750.00 pursu S -t2
month tenancy of the residence at 220 Puppy Smith
and 3, Lakeview Addition to the City of Aspen, Pitkin County,
Colorado), to and with the Owner and Landlord, the the Aspen,
and therefore you are hereby notified to pay 18, 1983, or face
quit and vacate the premises by 5:00 p.m., July
further legal action.
Done and posted on the premises this 13th day of July, 1983.
By: n
i r rt _
t
1 0
r � t e —,! 1 _,su�,, 7 3
Lary Thoreson, Contracts
Compliance Officer, City of Aspen
CITY OF ASPEN
FINANCE DEPARTMENT
CASHIER'S RECEIPT
LICENSES & PERMITS
T� o
❑ GENERAL OCCUPATION BUSINESS LIC. 00111-61000 I
I U
❑ LIQUOR OCCUPATION LICENSES 00107-60900 t 00107.61030
❑ BEER, WINE, LIQUOR
❑ LIQUOR LICENSE RENEWAL FEE 00107 -61031
' ❑ LIQUOR LICENSE APPLICATION 00107- 61039
❑ EXCAVATION PERMITS 00115-61211
00125 -61
❑ SEPTIC TANK PERMITS 00125 -61
❑ NON-COURT DOG LICENSES 00125-61001
00135-61100
❑ COLORADO FOOD SERVICE LICENSES
• FINES& FORFEITS
00131 -64002 r
. I ❑ CITY T SHARE-DUI'S F 00132 -64003
CI COURT TRAFFIC FINES 00132 -64011
❑ TOWING FEE -CITY 00132 -64013
❑ PENALTY ASSMTS. ON TOWS 00132-64014
❑ STORAGE FEES 00132 -64014
❑ NON -TOW PENALTY ASSMTS. 00132-64020
❑ TRAFFIC FINES
❑ NON -COURT DOG FINES 00135-64040 00135-64041
❑ NON -COURT IMPOUND FEES 00135 -64041
i ❑ NON -COURT VET OR R.V. 00135-64045
❑ NON -COURT ADOPTION FEES 00135-64043 t
❑ CITY COURT DOG FEES 00131 -64101
❑ COURT BOND FORFEITS 00131 -64201
❑ COURT COSTS `
❑ ACCIDENT REPORTS /XEROX 00131-63420
❑ GENERAL ACCT. NO. 1 1
\ DESCRIPTION: (NAME, NUMBER, ETC.)
• 0 1 0 I
(7 ,
• � RECEIVED FROM •
DATE: /s / i
RECEIPT 4921 2
$ 4d / --Q-
•
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MARY R. WILSON ` O �� 82- 1911070
605 SOUTH 40TH 494-645 80303 ``
BOULDER, COLORADO 80303 •
I ` - - /ice. +` $ 1
Paced ,_ ; a �C /b�
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is U. OF C. FEDERAL S BASELINE UNION ROAD
BOULDER COLORADO 80333
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For � -11�
is L07000 194 7010 L9 590130 067
1KKtY M Bvt NW. B.f ..,
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\\"... 1� B RUC E D . H ANSEN s2. '
1 220 E, PUPPY SMITH
ASP ST. 925 1799 i�� 1021
EN. CO 81011
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LEASE
THIS INDENTURE, Made this 31st day of October , 1983 , I
between The City of Aspen, Colorado, c/o City Manager. 110 S Galena Street,
Aspen, Colorado 81611 , party of the first part,
and Ronald R. Kraft Timothy McGrath and Lisa DeBussy
of 220 Puppy Smith Street, Aspen, Colorado 81611 ,partyofthesecondpart,
WITNESSETH: That the said party of the first part, in consideration of the covenants of the
said party of the second part, hereinafter set forth, do by these presents lease to the said party of I,
the second part, the following described property, to wit:
Lots 2 & 3, Block 4, Lakeview Addition,
City of Aspen, Pitkin County, Colorado, and
the residence thereon,
also known as street and number 220 Puppy Smith Street, Aspen .
TO HAVE AND TO HOLD to the said party of the second part from the 1st
day of November , 19 83 , to the 30th day of Anri 1 , 19 R4 .
And the said party of the second part, in consideration of the leasing of the premises as above set
forth, covenants and agrees with the party of the first part to pay the said party of the first part
as rent for the same the sum of Four Thousand Fi VP Hundred ( $4,500 00) DOLLARS
payable as follows, to wit:
$750 cash on the first day of every month of tenancy, with payments
to be made no later than the end of the third business day of each month
at the Cashier's window, Aspen City Hall, 130 S. Galena Street, Aspen.
Subject to a $500.00 security deposit payable before the first day
of tenancy and refundable, as provided by law, 60 days after the last
day of the tenancy.
The said party of the second part further covenants with the said party of the first part, that
at the expiration of the time mentioned in this Lease, peaceable possession of said premises shall
be P
g iven to the said party of the first part, in as good condition as they now are, the usual wear,
inevitable accidents, and loss by fire excepted; and that upon the non - payment of the whole or
any portion of said rent at the time when the same is above promised to be paid, the said party of
the first part may, at i is election, either distrain for said rent due, or declare
this Lease at an end, and recover possession as if the same was held by forcible detainer; the said
party of the second part hereby waiving any notice of such election, or any demand for the
possession of said premises:
IT IS FURTHER COVENANTED AND AGREED, Between the parties aforesaid
1. Permanent occupancy by no more than three cersons. -
2. No assignment or subletting without Prior approval of City.
3. All utilities and tenantable repairs to be responsibility of tenants.
4. $25.00 charge for each late payment and /or NSF check.
5. Prevailing party entitled to legal fees if legal action commenced hereunder.
6. Property of City (applicances, etc.) to be maintained, ordinary wear and to r
excepted, in present condition, according to the inventory annexed as Exh. !A ".
7. Subject to reasonable rules and regulations promulgated by City for tenants.
8. Residential use only - -no illegal or hazardous activities on premises.
The covenants herein shall extend to and be binding upon the heirs, executors and adminis-
trators of the parties to this Lease.
Witness the hands and seals of thg affo
A te / / (SEAL)
I ne Li`/ .t Aspen . f
,../„ f (SEAL)
`.na . •. ra
� timothy Mc Grath (SEAL)
(SEAL)
Lisa DeBussy
I I
No. 793. LEASE. - Bradford Publishing. 5825 W. 61h Ave.. Lakewood. CO 80213 —(103 233 -6900 1 83
LEASE
TILIS INDENTURE, Made this 31st day of October , 1983 ,
between The City of Aspen, Colorado, c/o City Manager. 130 S Galena Street,
Aspen, Colorado 81611 , party of the first part,
and Ronald R. Kraft, Timothy McGrath and Lisa DeBussy
of 220 Puppy Smith Street, Aspen, Colorado 81611 ,party of the second part,
WITNESSETH: That the said party of the first part, in consideration of the covenants of the
said party of the second part, hereinafter set forth, do by these presents lease to the said party of
the second part, the following described property, to wit:
Lots 2 R 3, Block 4, Lakeview Addition,
City of Aspen, Pitkin County, Colorado, and
the residence thereon,
also known as street and number 220 Puppy Smi th Street, Aspen.
TO HAVE AND TO HOLD to the said party of the second part from the 1st
day of November , 19 83 , to the _ 30th day of Anri 1 , 19 84
And the said party of the second part. in consideration of the leasing of the premises as above set
forth, covenants and agrees with the party of the first part to pay the said party of the first part
as rent for the same the sum of Four - housand Five Hundred (44,500 00) DOLLARS
payable as follows, to wit:
$750 cash on the first lay of every month of tenancy, with payments
to be made no later th i the end of the third business day of each month
at the Cashier's windo:. Aspen City Hall, 130 S. Galena Street, Aspen.
Subject to a $500.00 sc urity deposit payable before the first day
of tenancy and refundal e, as provided by law, 60 days after the last
day of the tenancy.
The said party of the second part irther covenants with the said party of the first part, that
at the expiration of the time mention I in this Lease, peaceable possession of said premises shall
he given to the said party of the first cart, in as good condition as they now are, the usual wear,
inevitable accidents, and loss by fin' xcepted; and that upon the non - payment of the whole or
any portion of said rent at the time v: .•n the same is above promised to be paid, the said party of
the first part play, at i-Irs election, either distrain for said rent due, or declare
this Lease at an end, and recover pos scion as if the same was held by forcible detainer; the said
party of the second part hereby w.[ ring any notice of such election, or any demand for the
possession of said premises:
IT IS FURTFIER COVENANTEI AND AGREED, Between the parties aforesaid
1. Permanent occupancy by n more than three persons.
2. No assignment or sublettiiig without prior approval of City.
3. All utilities and tenant le repairs to be responsibility of tenants.
4. $25.00 charge for each payment and /or NSF check.
5. Prevailing party entitle( to legal fees if legal action commenced hereunder.
6. Property of City (applici ces, etc.) to be maintained, ordinary wear and tear
excepted, in present cone tion, according to the inventory annexed as Exh. "A"
7. Subject to reasonable ru',s and regulations promulgated by City for tenants.
8. Residential use only - -no llegal or hazardous activities on premises.
The covenants herein shall extei I to and be binding upon the heirs, executors and adminis-
trators of the parties to this Lease.
Witness the hands and seals of th parties aforesaid
� "°" (SEAL) I
The Li y of seen, byt
i :;. , „ ,,� (SEAL)
�`R K ra #� ,1� t��� (SEAL) ,I
i roc Grath � (SEAL)
•
Lisa f �B
it
1.83
No. 793. LEASE. — n,:,dr. Publishing. 5sn K. bill a,, 1e „pod. CO /1021.1 — (103 231.6900 `?•
CITY, OF ASPEN
130 south galena street
aspen Colo } rad,o `81611
s.�
Jan 2
KSK
Here's the original lease in the Lakeview property - -220 Puppy Smith Street.
thanks,
EVICTION NOTICE
NOTICE TO PAY OR VACATE
Pursuant to Section 13 -40 -101, et seq., C.R.S. 1973
TO: Ronald Kraft, Tenant
Timothy McGrath, Tenant, and
any and all other tenants or guests at 220 Puppy Smith
Street, Aspen, Colorado
PLEASE TAKE NOTICE that you have failed to pay rent due
November 1, 1983, in the amount of $750.00, plus accrued utilities
charges, pursuant to your tenancy of the residence at 220 Puppy
Smith Street, Aspen (Lots 2 and 3, Lakeview Addition to the City
of Aspen, Pitkin County, Colorado), to and with the Owner and
Landlord, the City of Aspen, and therefore you are hereby notified
to pay the said rent and charges due or quit and vacate the pre-
mises by 5:00 p.m., November 23, 1983, or face further legal
action and possible further costs.
Done and posted on the premises this day of November,
1983.
By:
Larry Thoreson, Contracts
Compliance Officer, City of Aspen
925 -2020, Ext. 242
130 South Galena Street
Aspen, Colorado 81611
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If legal action is taken by either party hereto to enforce
any of the provisions of this lease, the prevailing party in any
legal action shall be entitled to recover from the other party all
its costs, including reasonable attorneys fees.
It is further agreed that no assent, expressed or implied, to
any breach of any one or more of the covenants or agreements
herein shall be deemed or be taken to be a waiver of any
succeeding or other breach.
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C
LEASE
THIS INDENTURE, Made this 31st day of August ,19 ,
between The City bf Aspen, Colorado 1
party of the first part,
1
and Ron Kraft 1
11 , party of the second part, 1
i WITNESSETH: That the said party of the first part, in consideration of the covenants of the
said party of the second part, hereinafter set forth, do by these presents lease to the said party of 11
1 the second part, the following described property, to wit:
Lots 2 & 3, Block 4, Lakeview Addition, City of Aspen,
and the residence thereon.
also known as street and number 220 Puppy Smith Street
TO HAVE AND TO HOLD to the said party of the second part from the 1 st
day of September , 19 83 , to the 30th day of SeptPmhPr , 19 81 .
And the said party of the second part, in consideration of the leasing of the premises as above set
forth, covenants and agrees with the party of the first part to pay the said party of the first part
as rent for the same the sum of Seven Hundred Fi fty and nn /1 flfl DOLLARS
payable as follows, to wit:
$750 cash on or before Sept. 6, 1983, at the Cashier's window, Aspen City Hal',
plus $100 security deposit refundable 60 days after end of tenancy.
The said party of the second part further covenants with the said party of the first part, that
at the expiration of the time mentioned in this Lease, peaceable possession of said premises shall
be given to the said party of the first part, in as good condition as they now are, the usual wear,
inevitable accidents, and loss by fire excepted; and that upon the non - payment of the whole or
any portion of said rent at the time when the same is above promised to be paid, the said party of
the first part may, at j is election, either distrain for said rent due, or declare 1
this Lease at an end, and recover possession as if the same was held by forcible detainer; the said
party of the second part hereby waiving any notice of such election, or any demand for the
possession of said premises:
IT IS FURTHER COVENANTED AND AGREED, Between the parties aforesaid
1. Permanent occupancy by no more than three persons.
2. All utilities to be paid by tenants in addition to rent amount.
3. All tenantable maintenance to be the responsibility of tenants.
4. $25.00 charge for late payment and /or NSF checks.
5. Prevailing party entitled to attorney's fees if legal action necessary.
6. Personal proye•ri:yuf City iapNlicances, etc. to be well-maintained.
The covenants herein shall extend to and be binding upon the heirs, executors and adminis-
trators of the parties to this Lease.
Witness the hands and seals of the parties aforesaid.
c if /J A'T (SEAL)
(SEAL)
(SEAL)
No. 793. LEASE. — Bradford Publishing. 5823 W. 61h Ave.. Lakewood. CO 80114 — (103) 131.6900 1-113 e
STATE O F `e 141- a4 p 1-6 l
County ofCT1./i ..,) F ss. 11
On this day of 'L. , ii 14 , 19 . ?3 , before the un-
dersigned 0/ _ _ ,. <.e.,oVS. in said county, in the state aforesaid,
personally came Ynv ` c� )--
9 1
to me known to be the identical person described in and who executed the foregoing Lease
and acknowledged said instrument to be voluntary act and deed.
Witness my hand and c , „ ---) e .-. the day and year Last above written.
My commission expires l-
/_i() /) kiL.. -% . 62 3 . Notary Public
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