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HomeMy WebLinkAboutcoa.lu.tu.110 E Hallam St.A007-00 ,-.. CASE NUMBER PARCEL ID.# CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY r- A007 -00 2737-073-13801 Comedy Festival Temporary Use Permit 110 E, Hallam Nick Lelack Temporary Use Permit Joe Lang 2/9/00 Approved by JAW 2/9/00 J, Lindt ~\ r~ , PARCEL IO':j,-"3--:;-3.,3r,.:, ,. OATE'RCVD:l' 2,; ::~\ '"ASE NAME~'-C"""'-'" ::.......:."' ,-' T,:............','.'" Uc'.~ n.~I.I.:. "" ~ 'oJ ....,..., w....... . .... . J ~w '.,. . . PROJ ADDR;j 1:\ [ 11;:111;.11'1'1 ' CASE Ty'p:jT-::-m:;o~::!r~' U::;ft "".::.-: '# COPIES:r--CASE NOv.',::;-.:: . PLNR:IN. /..1Q.!o.Cr STF-PS:j- .' ADR A~: mwn s: S..:~~ C C/S/Z:rCerbon:::"::I~ CO :'1-:: ADIol: C/S/Z:I FEES RCVD~4i\1: PHN'j""<.ql ;- . ~ "... PHN1 STAT: r OWNIAPP:!:::" _aro" REP:I FEES DUE:lt.a~, 8 REFERRALSj REF~ BYl DUE:I MTG DATE REV BODY PH NOTICEO I ,I 'j r-l DATE OF FINALACTION:~ CITY COUNCIL:I "I. I - pz:j BOA:l DRAC: _ f, Iff. 1 ADMIN:Ilfpf>rlCJ~u hYJItw REMARKS I CLOSED:Iz./rl7O Ry~I..). [....'.I1d.F PLAT SUBMITD: I I'LA T (BK,PG): I -- ,. , Aspen/Pitkin Community Development Department 1305, Galena 51. Aspen CO 81611 (970) 920-5090 (970) 920-5439, fax Fax To: ~ ~lD -~'S I'ax: Phone: Date: "2.-~ Re: cc: o Urgent o For Review o Please Comment 0 Please Reply o Please Recycle . Comments: \1\ Jpe./ ~ '\c.:.. ~(... ~~~, \7~ ~~ r;, .}t.L. t,w..~ ~ ?l.o.~~ ~ ,*,\1)~,^ - ~t.IL [~ ,~ re.(eNti.(,U'/'o\'~~ GIIoO'k t.\.. CAl\lp\.c... ~ i!.~~ e;cJ.Jv-e~~ , \'" ~ ~fro"''''\' \ ~ ~UJ-\)o'" I \~ . ~P\\~ w(... 1\C.t~ "- ""eM!' r-- .'-' MEMORANDUM TO: Julie Ann Woods, Community Development Director Joyce Ohlson, Community Development Deputy Directo~ Nick Lelack, City Planner ~ U,S, 2000 Comedy Arts Festival Temporary Use Permit Parcel I.D, No, 2737-073-13-801 February 9, 2000 THRU: FROM: RE: DATE: ApPLICANT: U.s, 2000 Comedy Arts Festival, represented by Joe Lang LOCATION: Red Brick Arts & Recreation Center (gymnasium) ZONING: Public/PUD SUMMARY: The U,S, 2000 Comedy Arts Festival (Applicant), represented by Joe Lang, is requesting approval for a temporary use permit for the U,S, 2000 Comedy Arts Festival at the Red Brick Arts & Recreation Center gymnasium, The Festival is scheduled for Wednesday, February 9, 2000 through Saturday, February 12. Over 70 performances are scheduled for venues throughout the City, This application is specifically for the use of the Red Brick Arts & Recreation Center; and, the proposed schedule for this venue is as follows: Satur ay, February 2 1 Date The Applicant is encouraging walking and public transportation in its press and publicity, and providing 2-4 shuttles from the St. Regis to the Red Brick venue, RECOMMENDATION: Community Development Staff recommends approval of the temporary use for the U,S, 2000 Comedy Festival provided that the City of Aspen ordinances are obeyed and the proper right-of-way and encroachment permits are obtained, with conditions, BACKGROUND: The U,S, Comedy Arts Festival is an annual event in the City of Aspen, After the 1999 Festival, the Applicant explored options for larger venues to accommodate ~ .,-, larger audiences, The Applicant reached an agreement with the City Recreation Department Director, Tim Anderson, and John Bakken of Silver City Gymnastics to use the facility's gymnasimn for this event. Part of this agreement includes the Applicant making a contribution to the gymnastics club, and paying for the club's "down time," as well as a fee to the City for use of the facility, Kathryn Koch, City Clerk, Russell Grance, Building Department Deputy Director, and Ed Van Walravan, Aspen Fire Marshal, have all approved the venue floor plan, REVIEW CRITERIA & STAFF FINDINGS: 26.450.030 Criteria applicable to all temporary uses. When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they, or any of them, relate thereto: A. The location, size, design, operating characteristics, and visual impacts of the proposed use. Staff Finding This application proposes to use the Red Brick Arts & Recreation Center for an arts related use, The gymnasimn can accommodate the audience the Applicant is seeking to attract. Visual impacts of the proposed use should be minimal because the festival will be held for a limited duration inside the facility, The operating characteristics are a mixed bag, Press and publicity of the event encourages walking and the use of public transportation to the venue, However, Tim Ware, Director of Parking Control, has concerns and has received complaints about some operating characteristics, His specific concerns are as follows: 1, The City has received complaints from neighbors that the idling ordinance is not being complied with. This ordinance limits idling to five (5) minutes and must be complied with by all vehicles at all times, 2, The Applicant must request the use of parking spaces a minimmn of 72 hours prior to the date of use, 3, The Applicant has absolutely no authority to tow or to have vehicles towed without the presence of a City of Aspen officer. 4, The Applicant must obtain right-of-way and/or encroachment permits to use these public spaces for any use other than day storage of vehicles, The Applicant must obtain these permits from the City Engineer, B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. r--., o Staff Finding The proposed temporary use is in character with the site, a former school campus and existing Red Brick Arts & Recreation Center, particularly because the event will be held inside the facility, The gymnasium can accommodate the audience the Applicant is seeking to attract. The immediate vicinity includes moderate- density residential housing and the Yellow Brick School and its associated uses, This criterion has been addressed, C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. Staff Finding The impact of the temporary use on traffic and traffic patterns, municipal services, noise levels, and neighborhood character will be minimal because of the limited duration of the activities on site, However, as stated above, Tim Ware, Director of Parking Control, has received complaints from neighbors that City ordinances are not being complied with and the required permits have not been obtained for public right-of-way and. encroachment activities, These ordinances must be complied with and the proper permits obtained, D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Finding This particular use has not been approved previously for this structure, parcel or property, The use will occur for only a few hours each day for three days, Again, the duration of this use for this structure and property is acceptable so long as the operating characteristics meet City ordinances and the proper pel1I\its have been obtained, E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Finding The Public Zone District allows arts, cultural, and recreational activities, buildings and uses. Therefore, this use is allowed in the zone district. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. Staff Finding The temporary use is allowed in the zone district and, therefore, directly related to the conditions and character changes which have occurred in the area and zone ,-' 1"""\, district in which the D,S, 2000 Comedy Festival venue will take place, This criterion is addressed, G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Staff Finding The nature of the event, arts - comedy,. and limited duration of the use will enhance the general public health, safety, and welfare, RECOMMENDATION: Staff recommends approval of the temporaliY use for the D,S, 2000 Comedy Festival provided that the City of Aspen ordinances are obeyed and the proper right-of-way and encroachment pennits are obtained, with the following copdition: 1, All material representations made by the applicant in this application shall be adhered to and shall be considered conditions of approval, unless otherwise amended by an entity having authority to do so, EXHIBITS: Exhibit "A" - Application ~ \<\un Woods, unity Development Director -'1P,o 1901. ;'" .4""'1.-.., 'v~/' "i?4{41. <:<'f V 114'/>0 '} 'Ir<:,,, . <"a C/rr" ?lO 01'. ' rAf' '" "'.I~/'''''''<: ~fi.t" ApPROVED By: ..., _U'?;".1 \ 1 \ ... . l \ I 'fe5tii/~1 M N '" ~ '" o U ID- .. "C c o -e . u u 2 '3 '" ~- ID ~t" ~ '" .= . :;< "- .. "......,. Telephone: (970) 7 312' Fax: (970) 704.9313 :1""'\ MEMORANDUM TO: Julie Ann Woods City of Aspen Joe Lang Pc:.. January 25;2-000 Temporary Use Permit - Red Brick Gymnasium 2000 USCAF FR: DT: RE: Thank you for your assistance with this. I wanted to take the time to layout the course of events for your records. The 2000 U.S. Comedy Arts Festival is Wed. February 9th through Sat. February 12th with over 70 performance in venues throughout Aspen, After the 1999 Festival, we wanted to explore options for larger venues (in hopes of accommodating a larger local audience). We started talks with Tim Anderson (City) and John Bakken (Silver City Gymnastics) about utilizing the Red Brick Gymnasium space (June 1999). We reached an agreement, with the USCAF making a donation to the gymnastics club and paying for their down time, as well as paying a City usage fee. I then went to Kathryn Koch to review, and to Russell Grance (City) and Ed Van Walraven (Fire) for approval on the venue floorplan (9/30/99). The following are other items that I would like to submit with this "Temporary Use Permit" for the Red Brick Gymnasium: 1. Performance Schedule - (It's light so it's works to all of our benefit.) -Wed. 2/9 No performance -Thurs. 2/10 (1) performance @ 4-5:30 pm Barry Levinson - Fri, 2/11 (2) performance @ 4-5:30 pm Smother Bros. 7-8:30 pm Nichols & May -Sat. 2/12 (1) performance @ 9-10:30 pm API Star Award 2. Iransportatiml- We are encouraging walking and public transportation in our press and publicity, so I don't anticipate much vehicular traffic. Also, we will provide 2-4 shuttles to run from the St. Regis to the venue. Since it is only 3 blocks to the Hotel Jerome (one of our venues), we would like to put out (4) "arrow signs" with "Red Brick Arts & Recreation Center" along the route. 3. Marq1lee Doorway Tents - As we have done through your office the past two years with the C-Bldg (St. Regis) (not using for '00), we would '." r>. ^ Page Two 1/26/00 Temp. Use Permit 3. Marquee Doorway-Ients - (continued) like to use a 9'x10' tent at the back door of the gymnasium, and a 15'x20' at the front entrance. The purpose of the tented entrances would be to have an area where our ticket takers could be (for hours) without standing in the cold, The tented entrances do not inhibit traffic (walk-way) since there is still 20+' to the street. We wouid like to put up the tented ~ntrances'on Tues. 2/8 with a strike on Sun, 2/13. Lastly, we would like to hang a 4'x4' USCAF logo only banner (no sponsors) over the entrances for show times to help identify the space and entrance for attendees. 4. Short Term Lease Agreement - Cit~ of Aspen - I have attached the current City of Aspen contract that was generated through Tim Anderson (Recreation Dept.), I will make sure that a signed/ executed copy is forwarded to your office for your records. Please let me know if there is any other information that you need me to provide, Call me anytime at 704-9312 (Carbondale) if you have any questions or concerns. We look forward to another successful Festival Thanks again, f 01/01/1994 04:30 1"""\. 970-9.478 1'"'1 ASPEN RECREATION' I i PAGE 01 '( '. 2.000 u.r. Co....<<J y ~ ~~.L SHORr TERM LEASE AGREEMENT FOR USE AND OCCUPANCY OF THE CITY OF ASPEN FACILITY THIS LEASE AGREEMENT was entered into on ,lan~qry 4. 2000 by and between the City of Aspen, a municipal home rule city,' referred 10 as lessor, and /IBJ1. referred TO as lessee, In consideration (lfthe mutual covenants contained in this agreement, the parties agree as follows: ,~_.......;.,..... . I DescripTion of Premises, Lessor leases to lessee and lessee does hereby rent and take as lessee the following City of Aspenfacility under the terms and conditions of this lease agreement: Red Brick Gvmnafium to inclp.de. stage area and locker rooms. ll/lpro:r:imat"(v 10;000 sll. ft. Q/space". .......',..." .' ... .,_.. ,., "_. 2, Ingress and Egress, Lessee shall have the right of ingress and egress illlo the above reftrenced City facility and the following appurtenant areas within the facility, but acquires no oTher right in any (Jther part of Ihe building Ihan the paris specified: GJ'mniuium area to lncludf!! tlu~ f;J./l9~ and l(Jcker room areas~ Apl1roximate!v 10.000 Sq. ft. of 011(" ~na"". 3, Purpose, Lessee represents thai the above-described premises are being rented for the purpose set forth below and for no Olher purpose whatsoever without the written consent of lessor endorsed on this lease agreemenr: 4, Term, The term oflhis lease agreement shall begin at!i;J!!l (J'dock d",m, an MondlfJl. February 7.1fl!JIl and terminate at 1..1.;.5.2. o'clock P,m, on Sund/lv, Februao< 13, lfl!Jfl unless otherwise changed in writing. 5, Quiet El1loyment, Lessor agrees ro permit lessee, upon faithfUl performance of the terms and covenants of this lease agreement, to peaceably and quietly have, hold, and enjoy use of the demised premises for the purpose andfor the term stated above, 6, Furnishing of Serl,ices, Lessor shall fUrnish the following: . Gymnasium, Stage area (climbing wall) rest rrJOmllocker roomjllci/ities. Approximately 10,000 sq. ft. of space. Seating shall be 'arran les '(ii' uS,h/lows: ,., 'V=\I-r-E'vJ~ f-o"- \ 11-~}t~1 ~ " 01/01/1994 04:30 I""', 970-9c 478 ^ ASPEN RECREATION PAGE 02 . Pet fire ll1IIl buJ1dlng (lode requirements. Lessee agrees t() furnish the following: . AU labor, materials, and costs associated with set up and talu down. GymlUlSium shaY be returned to original set up and state as prior to lease, retz.ooruzbll! wear ll1IIl tI!(JJ' acqtl!d. ',."u"",:..............,. 7. Rent, Lessee shall pay to lessor, at lessor's office for the U$e of the demised premises and facilih"es the sum of UJJ!J!l at least l!2 days prior to the commencement of the terms of this lease, Lessee shall pay to lessor on demand any sum that may be due tQ lessor fQr add/tioMl services. accommodatiQns, or mtJterials furnished Qr IQaned by lessQr tQ lessee, . ..Lesseeshall.permitlessor, i"-erMeaf l{tssee'sfailwf<tQpay @!1Y_si<<i!.t$~!1'I~,lfJta"e from any box o[fk:e receipts or any other advance receipts belQnging to lessee a sufficient amount to decure lessor against loss. 8, Surrender of Premises, Lessee shall quit and surrender the demised premises and all equipment contained on and in the demised premises to lessor at the end of the term of this lease agreement in the same condition as at the date of the commencement of this lease agreement, ordinlJry use and wear excepted, 9, Rules and Regulations. Lessee shall abide by and conform tQ all rules and regulatwns from time to time adopted or prescribed by lessor for the government and ,.,,,,magemeflt of the facilities, 10, Employees of Lessee. Technicians, stagehands. coaches. assistants, and other personnel, if employed by lessee, are employees of lessee, and lessee is responsible for payment of workers' compensation, unemployment insurance, social security, and withholding taxes in connection with all such employees, 11. Compliance with lAw. Lessee shall comply with all laws of the United States and Qf the State of ColoradQ, all ordinances of the City of Aspen, and all rules, regulations and requirements of the police and fire departments or other municipal authorities of the City of Aspen. Lessee will not do or suffer to be dene anything on the demised premises during the term of this lease agreemellr in violatiQn of any such laws. Qrdmanees, rules or requirements, 11 the atteMQlI of lessor is called to tmy such violatiQlI on the pan of lessee Qr Qf any person employed by or admitted to the demised premises by lessee, lessee will immediately desistfrom and correct Qr Cause to be corrected such violatiQn, 2 " , 01/01/1994 04:30 1"""'\ 970-9L. /478 i~ ASPEN RECREATION PAGE 03 12. Intoxicating Liquors. Le.'see will nOI cause or allow beer. wine. or liquors (?lany kind 10 be sold. given awCl}', or used upon Ihe demised premises exceplupon Ihe express wrillen consent of lessor. 13. Defacemenl. Lessee shall nol injure, nor mar, nor in any manner d~fClce Ihe demised premises or any equipment contained in or 011 the demised premi.\'es. and shall not cctuse or permit anything to be done whereby the demised premises or equip- ment in or on the demised premises shall be in any manner in.;ured, marred or defi(ced Lessee will nOI drive Or permit 10 be driven nails, hooks, tacks or screws into any part 'if the building or equipmenl CO/'llained in the building and will /'lot make or ,,/low 10 h~ made any alterations of any kind to Ihe building or equipment contained in the building. J4: Damage to Premises. a. If the demised premises, Or allY part of the building on the demised premises, or any equipment located on Ihe demised premises during Ihe term o.fthis l~a.ve agreement shall be damaged by Ihe aCI, default, or negligence of lessee, or oflessee's agents. employees, patrons. guests. or any person admitled 10 Ihe demised premises by les.'ee, lessee will pay to lessor- upon demaru-l such sum as shall be necessary f(J restore the demised premises or equipment contained in 0, on the demised premises to their present condition. b. Lessee assumes fit/I responsibiliry for the character, acts. and conduclof all persons admifled to the demised premises by Ihe consent o.flessee or by or with consent of any person actingfor or on behalf of lessee. Lessee agrees to have on h,md at all times. at lessee's own expense. such police andfireforce as is determined necessary by the Aspen chiefof police 10 maintain order and 10 prolect persons and property. . J 5. Loss of Equipment. All equipment enlrusted to the wre 'illessee or on the demised premises during the term of this leClse Clgreement which shall become losl, slolen. (If' disappear shall be the sole responsibility of lessee. Lessee shall be f'esponsiMe to pay full replacement costs to lessor. 16. Advertisements. Lessee willllot post or exhibil or allow to be posted or 'exhibited signs. advertisements. shol1,'-hill.., lithographs. posters. Or cards olany de,fcription inside or infronl or on any parr of the building !!xc:epl upon the regular hillhmn-ds provided by l~ssor Iher~fi>r. and will use, post. or exhibit only such sign.<, ",h'e"lisemcnls, ."how-bills. lithographs. poslers. or cards upon rh~ 'wilding os relol~d 10 th~ performance 01' exhibition to he given In the demised premise.\', "ndfi),' sllch p<1rlod (it lime "s df/signtJtrtd by lessor. Lessee shall lake do.wn cmd remollt! al! si!(n.\'. adverlisement.,', .fhow-hills, lithographs. posters. or eards olcm)' d~scriplioYl o1;ected II! hy le.I'sl)/'. 3 , . (\ 970-9~ 1478 ^ 01/01/1994 04:30 ASPEN RECREATION PAGE 04 17. Audience. Lessee shall not admil to the demised premises a larger numher afpersons than the seating capaciry thereof will accommodate Or that can safely or.fr~ely move ahout the demisedpremis~s. The decision ofthefaciliry manager (!fles.\'or in fhi.\' respect .'halJ be final. 18, Lost Property Lessor sha/l have sole righlto co/l~ct and have CU.'IOdy of arlides l~ft, lost, Or ch~cked in the building hy persons atrending any pecfimnance, ~:xhihition, or entertainment given or held in the demised premises. Lessee or any per.wm in lessee 's ~mploy ;'hall not collect or interfere wilh the collection or cuslody of such articles. '~.".> ,.., , ..' .'-..' 19, Sales on Premises. Lessor reserves, and at all times shall have, Ih~ sole right -10 sell 'Or give away-refreshments, beverages; candies;semdwiches,' and other merchandise, and to rent and se/l opera glasses, and other articles, 10 conduct checkrooms, to control programs and to supervise the contents Ihereo.f. 10 take pholographs, to control and supervise rodio 01' television broadcasting or recording and transcription rights and equipment, alld other privileges. Lessee shallnOI engage in or undertake the sale of any oflhe above-Slated articles or privil~ges, wilhout the prior, written consent of lessor. 20. Fire Hazards. a, Lessee shall no! do or permit to be done anything in or on any part "f'the building, or bring or keep anything in the building, whi~h will in any way Increase conditions of any insurance policy upon the building or any part of the buildi/'lg, or in any way increase the rate of fire or public liabHiry insurance upon Ihe building or property kept therein, or in any way conflicl with the regulations of the fire departmenl or with any of the rules, regulations, Or ordinances of Ihe City oj'Aspen or in any way obstruct or interfere with the rights ofolher lenants in the building or in.;ure or annoy them. o. Lessee shall not, without the prior, written consent of lessor, put up or operate any engine or mOlor Or machinery on Ihe demised premises or use oi!.v. hurningfluitls, camphene. kerosene, naphtha. or gasolinefor.either mechanIcal or oth~r purposes or any olher agent than gas or electricity for illuminating the demised premises, 21. Assignment, Lessee shall not assign this leas~ agreement wilho!ll the prior, written consenr 'if lessor nor suffer any use of the demised premises olher Ihan (IS -"pet'died in this lease agreement. 22. Rei'll R~fUnd ff'lessee. heing entitled 10 possession und~r this l~"se af..1Teement, .fails for any reason /olClke possession afor to use the demised p/"emises, 170 rent refimd shall be made and thefull rent calledfor by this lea.1'e "greern~nI, including any disbursements or expen$~S incurred by lessor in connection therewith. shall he payable by lessee to lessor, as liquldaled damages and no! by way 'if penalty oJ " 01/01/1994 04:30 "" 970-9~ 478 ^ , . ASPEN RECREATION PAGE 05 " 23, Staff. Lesseeuru/erstands and specifically agrees that lessor does not furnish any st(tjf1Wt otherwise providedfor in this lease agreement, 24. Dumage to Building. In case the building or any part of the building shallbe destrqyed or damaged by fire or any other cause, or if any other casualty or unforeseen occurrence renders the fulfillment of this lease agreement by lessor impossible, including, but not limited to, reqUisitioning of the demised premises by the United States government or any arm or instrumentality of the United States Government. thislease agreement shall terminate and lessee shall pay rental for the demised premises only up tc the time of such terminalu", at the rate specified. Lessor hereby waives any claims for damages or compensation should this lease agree1ll4nt be so tenninated. ::.:..;~"'.4'''-''",~ _ _.- ,. _'. " ... ,N', 'd .. .., :..,_, ,:," ,.., ..i._,,_ " ...." " " .. '__: ,'",.' .. ",., 25, Evacuatiol/.^oj BIdldlng, Lessor re;~:;Ves the ri-ghtto";vai:zmte the building during any tu'tivity in progress when it is deemed necessary for the safety of the general public, 26. Control of Building, The building, including the demised premises and the keys thereof, shall be at all rimes under the control of the facility manager who shall be appointed by lessor. 27, Default in Rent Payment, Lessee covenants that if any default is made in payment of rent at the rimes specified above, or if any default is made in any covenant or condition contained in this lease agreement, then this lease agreement and the. relation of lessor and lessee, at the option of lessor, shall cease and terminate and the relation of the parties shall be the same in all respects as if the term had{ully expired. Under such circumstances, lessor may reenter the <kmised premises and hold them as of its former estate, remove all persOlls from the demised premises, and resort to any legal proceedings to obtain possession, Lessee, shall in spile of such entry, pay the full amount of rental as agreed to be paid in this lease agreement. 28. Indemnification. F..xcqt far cb:1.imflllririn.p from ~~sor'g nef!ligence. Jessee agrees to indemnify altd hold harmless the City of Aspen. its officers, employees, insurers, and self-insurance, from and against all liability, claims, and demands, on accounl of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death. property loss or damages, Or any other loss of any kind whatsoever. which arise out of or are in any manner connected with this lease, if such injury, loss, or damage is caused in whole or in parr by, or is claimed to be caused ill whole or in parr by, the act, omission, error, professional error, mistake, negligence, or olher faull of Ih.e lessee, Lessee agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the soU! expense of the lessee, or at the option of the lessor, agrees 10 pay lessor or reintbllrse lessor for the defense costs incurred by lessor in connection with, any such liability, claims or demands. The lessee also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false or fraudulent. 5 , .' 01/01/1994 04:30 (\ 970-9c478 ,I""'.. ASPEN RECREATION PAGE 05 . , 29. Insurance. (a) The parties hereto understand and agree Ihatlessor i.\' relyin8 em. anddoes nol waive or intend 10 waive by ,my pmvision o/thi.. lea,ve agreement, Ihe monetary limitations or any other rights, immuniti~s, and protections provided by the Colorado Governme711al Immunity ACI, Seclion 24-10-101, et.\'eq. (b) The parries hereto jirrther understand and agree tharlessor is a member o/the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such parlicipates in the CIRSA ProperlY/Casualty Pool, Copies o.f the CIRSA policies and manual are kept at the City 0/ Aspen Finance Department and are available to lessee for impection during normal business hours. Lessor makes no representations whatever with respecl to specific coverage's offered by CIRSA, ;;,,-,,,, "...". .!.^...~. ". ......... .".~.: . .:...~ (c) All insurance policies carried by lessee, its officers, ar its ~mployees, shall be primary insurance, and any insurance carried by lessor, its officers, (II' its' employees, or carried by or provided by lessor shall be excess and nOI contributory insurance to that provided by lessee. 30, Lien on Box Office Receipts. Any sum due lessor from lessee for le,vsee~' u.\'. (?f'the demised premises or any accommodations, services. or materials shall he a first lien (m box qffice receipts of lessee. 31, Management of Funds. In the handling, control, custody. and keeping of receipts andjimds, whether they are received through the box office or otherwise. lessor i.v acting/or the accommodation and full benefit 0.( lessee. As 10 such receipts andfimds, l~s.\'or shall be respcm;'ible only/or gross negligence or badfaith 32. Manager of Building, Any matters not expressly provided/or in this l~ase agreement shall be in the discretion ofthefacility manager. 33. Binding E;lfect. This l~ase agreement shall bind and inure to the henefit 'd' the respective heirs, personal representatives. successor.\'. and assigns <'!rth~ parti~s 34. Governing Law. It is agreed that this lease agreement shall he governed hy. ,'onstrued and enforced in accordance with the laws o/theState qlColol'lldo. 35. En/ire Agreement. Thi.~'lease agreement shall COf1StitUtt! th~ entire ll,r.:1:eement hetwef!n the parties. Any prior understanding or representation qf'any kind I',,'ecttding the dateqlthi,v te",~'e agreement sh(.tllnof he hindil1g upon either party except /() {he extent im.:mporufed ih ,his leCl,wt "MreC:!ttUtHl. 6 .. 01/01/1994 04:30 1""'\ 970-9:" /478 A " ASPEN RECREATION PAGE 07 36. Modificailon of Agreemenl, Any modification qf'lhis lease agr~em~nt Or uddltional obligation assumed by eilher parry in connection with this agr~ement shull he hinding only ilevidenced in a writing siglled by each party or an authorlo~d repre- . senlative of each parry. 37. Waivers. Waiver by lessor C{f any breach of any covenant or dury (!f lessee under this lease agreement is not a waiver of a breach of allY other covenant or dury of 1~.I'see, or o/any subsequenl breach qj'the same covenant or dury. " ;., '...~ . 38. Remedies of Lessor Cumulative. The remedies given to lessor in this lease agreement shan be cumulative, and the exercise of any one remedy by kssor shall not he /() the e.:tclu.'ion of any other remedy, 39, Time of the Essence. It is .pecifically declared and agreed that lime is (!l the essence of this lease agreement. 40. Paragraph Headings, The title to the paragraphs of this lease C1greem~nt are solely for Ihe convenience of the parries and shall 1'101 be us~d to explain. modify. simplifY, or uid in the interpretation of the provisions of this lease agreement, IN WiTNESS WHEREOF, each party to this agreement has caused It to he executed on the date Indicated hereinabove. LESSEE: By: Title: LESSOR: CiTY OF ASPEN, COLORADO By: City Manuger 7 01/81/1994 04:30 r-. 970-9c .478 .. A. ASPEN RECREATION Reviewed and Approved by: Approved as 10 form: "--"".'''''''.';'''''',..... ",',. ,,"".. PAGE 08 Facility Manager City AltorneY'J (Jffice .... --.'-'. 8 , 01/01/1994 04:30 /"""', 970-9~_ /478 A , ASPEN RECREATION PAGE 09 o. EXHIBIT ''A'' - llJlO,WCfS'}:JJY{; {).R TJiLEF'!Sm.7t.7 .KjerI :r:.T!ES' .:"... . Due to the public nature of the Red Brick Arts & Recreation Cemer, Shows held at thefacility must be accessible by ticket 10 the general public, Any deviation from this format must be approved in writing. . Use afthe Red Brick Arts & Recrealion Cemer by HEO mllSI be approved in wriling by the building andfire departments aflhe City of Aspen, . Shows shall not exceed J 1:00 P.M due to the Ilall/re oflhe residemial area the facility sits within. Any shows exceeding Ihis lime must be approved in wriling fi'Oln the Recreation Director, and Ihe Police Chief 01/01/1994 04:30 I"" 970-9~ 1478 A ASPEN RECREATION PAGE 10 .. . A notice shall be sent by mail to all neighbors within 1 block o.f the Red Arts & Recreation Center nOlifying them of the scheduled shows and times. . BEO .~hall obtain in wriringfrom the Aspen Police Departmenr the approval of adequate security for all shows. . . Th~ Aspen Recreation Department shall opel"ate normal office hours from the Red BrickArrs &; Recreation Center. Normal office hours will be defined as 8:00 A.M to 5:00 P.M, Monday through Friday unless olherwise agreed to in writing. 'n..'."._,..,....'" . . 01/01/1994 04:30 ("""\ 970-9c .478 ,.,....., .' ASPEN RECREATION PAGE 11 c. us. ~ll/llll~ ~ f~~lit/~I 2000 U.s COMEDY ARTS FESTIVAL STANDARD LOCATION ADDENDUM ..:'::..,;,<.J,.;,...;....;.., The undersigned hereby grants to U.S. Corned" Am F....tival- DBO (hereinafter referred to as "Producer") the right to enter, remain on and to use the property and adja;:ent area located at Red BrI()k Am & ReCreAtion Center. 110~. Hallam. ARnen. CO 1I16t1 (the "Property") for the purpose of filming molion pictures, with the right (but noitbe-obllglt!ion)tO eihlblfaricllicense olheiStil-i::iliibiflill oiany~piirtof Sliidscei1es iil. motion pictures throughoul the world, Said permission sball include the righllo bring penonnel and equipment (including props and temporary sets) onlo said Property, and to remove the same therefrom after completion of work, The above permission is granted for one or mon; days, as may be necessary, for which the said location is used, commencing on or about Monday. FehruaT'V 7,2000 throu1Jb Sun..,., Fehrua'1' 13. 2.1!00 (subject 10 change in case of changes in the production schedule or weather conditions), and continuing until completion of all filming and work required, Further, Producer and prOduction personnel may, prior to screenings, visit or otherwise inspect said Property at n;asonable times to plan and set up for screenings, Producer shall be the sole and exclusive owner of all rights of whatever nature, including all copyright, in all films, photographs and recordings made of or on said Property. Producer hereby agrees to hold the undersigned harmless of and from any and all liability and loss which the undersigned may suffer or incur by reason of any incidents or any other damage to said Property negligently caused by Producer. The undersigned does hen;by warrant and represent thar the undersigned has full right and authority to enter into this agreement concerning the Property, and that the consent or permission of no other person, rmn or corporation is necessary in order to enable Producer to enjoy full rights to the use of the Property, and that the undersigned does hereby indexnnify and agree to hold Producer free and harmless from. and against any and all loss, costs, liability, damages or claims of any nature arising from, growing out of, or concerning a breach of the above warranty, Producer: Title: The City of Aspen Title: Address: . .~ -... / ~ .'1 2e:>00 v,s. c~""€'C>'f 4ft.fl"' fi:;) r.r:vll '- ~f CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE ApPLICATION PACKET Included with this Land Use Application are the following attachments: I, Development Application Fee Policy, Fee Schedule and Agreement for Payment Form . 2. Dimensional Requirements Form 3, Description of Minimum Contents of Development Application 4, Description of Specific Contents for Submission of your Application, (may be more than one attachment depending on number of reviews required) 5, Copy of Review Standards for Your Application. (may be more than one attachment depending on number of reviews required) 6, General Summary of Your Application Process 7. Public Hearing Notice Requirements Summary 8, Affidavit of Notice Generally, to submit a complete application, you should fill in the application form and attach to it that written and/or mapped information identified in Attachments 2-5, Please note that all applications require responses to the review standards in attachment 5 for that particular development type, Also note that there may be more than one attachment 4 and 5, depending on the number of reviews required, You can detennine if your application requires public notice to be given by reviewing Attachment 7 and Table I. Table I will tell you if your application requires notice and in what form the notice should take place. We strongly encourage all applicants to hold a pre-application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy ofthe development application to the Case Planner to determine accuracy, insufficiecies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations, While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code, . If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations, 1"""'\ LAND USE ApPLICATION f\ , , PROJECT: Name: _Ills, COMTi:OY ~ FE.crrll4L... Location: eel) ~c.j( M-U' 8 fl€'~,.J cE7JT\,,-Q - c.lr"'f tJ....&Z>>1 (Indicate street address, lot & block number, legal des ription whete appropriate) ApPLICANT: Name: Address: Phone #: ...- ) () ~.I MiC.- "//1 }<kDJ g-- s....l~ c:.. 70 - 'l?:.i ~."'~, Co 814 23 , REPRESENTATIVE: Name: Address: Phone #: y"1 e 4-' _M,,,e- . ----;:::::;:::- TYPE OF ApPLICATION: (please check all that apply): 0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt, 0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development 0 Design ReviewAppeal 0 Conceptual SPA 0 Minor Historic Devt. 0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition 0 GMQS Exemption 0 Subdivision 0 Historic Designation 0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane 0 Lot Split ~ Temporary Use 0 Other: 0 Lot Line Adjustment 0 Text!Map Amendment exiSTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc,) I U/"CI-.;-r?1A/6- G-YI'1NJltS1:VI1 sl4<~ nL Pf'flP6~ (ffES ,/0 t 1/ +/"2..)-- PROPOSAL: (description of proposed buildings, uses, modifications, etc.) ""17> ~"'(;. It 1/1?Nl.lE w/L-~-e. r~~4 T6 ~+I\OA ~--t.. ("O~L4VD_ EVo; t. o' +- -.c= '/!.~ ,J;)1 tvJIJGtSo"/ c:IAY-f2Ec..9t: f ....."J'b..vV B~/"'sr:;Lve-t. 4 G-Y~CS \ TO i"'4'J..t= . Have you attac ed tHe followin . C\ FEES OUE:4. o Pre-Application Conference Summary ~ o Attachment #1, Signed Fee Agreement p~ ce Sc._"t>. o Response to Attachment #2, Dimensional Requirements Form i'J-I uti, '2. J I 0 -"") i./ - ~ '30''''' o Response to Attachment#3,Minimum Submission Contents PlL. 2./11 4 '-/-~: 30''''''' o Response to Attachment #4, Specific Submission Contents 7 - (5 : ?o P"'1 o Response to Attachment #5, Review Standards for Your Application ~~ ~J G ,Y.... - 1'2- ~ ,-/0:30 PI"\ @') 1'~lE,:S w<>'l-~ ,.--- !'"""I. . . ATTACHMENT 1 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen Development Application Fee Policy The City of Aspen, pursuant to Ordinance 45 (Series of 1999), has established a fee structure for the processing ofland use applications, A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary, One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the AspenJPitkin Community Development Department. Applications will not be accepted for processing without the required application fee, A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amoUnt of staff time to process, The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit, Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be .billed monthly based on actual staff hours, Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit, Current billings must be paid within 30 days or processing of the application will be suspended, If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid, In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant, Applications which require a deposit must include an Agreement for Payment of Development Application Fees, The Agreement establishes the applicant as being responsible for payment of all costs associated "vith processing the application, The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the reverse side, ~. ~ ASPEN/PITKIN CO~TYDEVELOPMENTDEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinaftetCITY) and 11.5. C"Mef)f~ h,,~ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an app.lication for Tf?MJ. lJS(::'- - (lG'O 8n.c.< M.fJ"-I'DO'8.IM'r'IA;,j - '111~WI'1 (hereinafter, THE PROJECT), 2, APPLICANT understands and agrees that City of Aspen Ordinance No, 49 (Series of 1998) establishes a fee strucmre for Land Use applications and the payment of all processing fees is a condition precedent to a detennination of application completeness, 3, APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application, APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter pennit additional costs to be billed to APPLICANT on a monthly basis, APPLICANT agrees additional costs may accrue following their hearings andlor apptovals, APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred, CITY agrees it will be benefited through the greater certainty oftecovering its full costs to process APPLICANT'S application, 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient infonnation to the Planning Commission andlor City Council to enable the Planning Commission andlor City Council to make legally tequired findings for project consideration, unless current billings are paid in full prior to decision, 5, Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a detennination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ t.f 8 [) which is for hours of Community Development staff time, and if actual tecorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to teimburse the CITY for the processing of the application mentioned above, including post approval review, Such periodic payments shall be made within 30 days of the billing date, APPLICANT further agrees that failure to pay such accrued .costs' shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid, CITY OF ASPEN APPLICANT By: . t:L-cJ. By: <?-;( c=; Date: [ 'I,~t!oo f f Mailing Address: ie Ann Woods ommunity Development Director -1/'1 J<4't;>J Sf - rv'C,'"'lro C ~o~_Co S.lol.:5 , 1"'1 r-,. ASPEN/PITKIN COMMUNITY DEVELOPMENT 2000 LAND USE APPLICATION FEES CATEGORY HOURS Major Minor Staff Approvals Flat Fee 12 6 Exempt HPC Minor HPC Significant HPC <1000 sq, ft. Significant HPC >1000 sq, ft, Demolition, Partial Demolition, Relocation Referral Fees - Environmental Health Major Minor Referral Fees - Housing Major Minor Referral Fees - City Engineer Major Minor Hourly Rate DEPOSIT , 2,310.00 1,155,00 480,00 FLA T FEE 265,00 65.00 /" r480,OO~ ......, 155,uu 2310,00 2310,00 330,00 170.00 330,00 170,00 330,00 170.00 195.00 I""> ,r--.. ATTACHME:NT.2 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes, Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units: Number of bedrooms: Existing: Existing: Existing: Proposed: Proposed: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access, bldg. height: Existing: Allowable: Proposed: On-She parking: Existing: Required: . Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined FIR: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Existing non~conformities or encroachments: Variations requested: r\ ~. ATTACHMENT 3 MINIMUM SUBMISSION CONTENTS 1. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2, The street address and legal description of the parcel on which development is proposed to occur, 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application, 4, An 8 1/2" x II" vicinity map locating the subject parcel within the City of Aspen. 5, A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) ~~Y61.q~ *)i?X ~L1eD co~-- 6eiJ~ g..~. ~ i~. ATTACHMENT 4 Specific Submission Contents Development Application for Temporary Uses An application for a Temporary Use Permit shall include the following: 1, A sketch plan of the site showing property lines and existing and proposed features relevant to the temporary use and its relationship to uses and structures in the immediate vicinity. 2. If the application involves development of a new structure, or expansion or remodeling of an existing one then proposed elevations of the structure must be provided. 3, Written response to the review criteria (attachment 5). 4, Such other information as deemed necessary by the Planning Director for purposes of evaluating the application. att4\tempuse,doc . . ~ ~l/ epr"" D@J~I'\!. <?t:>.-..v ~ . (/ . .~~o~~ L ..Jf1 (~ p(P' 1"""'\ .1""\. Attachment 5 Review Standards: Application for Temporary Use Section 26.96.030 When considering a development application for a temporary use, City Council shall consider, among other pertinent factors, the following criteria as they, or any of them relate thereto, A. The location, size, design, operating characteristics, and visual impacts of the proposed use. B, The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity, C, The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic. patterns, municipal services, noise levels, and neighborhood character, D, The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application, E, The purposes and intent of the zone district in which the temporary use is proposed, G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. att5\tempuse,doc ~ 60,.)~~ ~~~.B r c.ory of'. ~ ~~ . ~L 1"'. ,~ ) Attachment 6 One Step Commission or Council Development Review Procedure }, Attend pre-application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identifY the materials necessary to review your application. 2. Submit Development Application. Based on your pre-application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. Depending upon the complexity of the development proposed, Staff may suggest submitting only one copy, This way any corrections that may be necessary can be accomplished before making additional copies 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notifY you in writing whether the application is complete or if additional materials are required, Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval, 4. Staff Review of Development Application. Once your application is determined to be complete, a date for the Commission or Council review will be set. Applications are scheduled for review on the first available agenda given the requirements for public notice, During the staff review stage, the application will be referred to other agencies for comments, The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified, The Planner will prepare a review memo which addresses the proposal's compliance with the Land Use Code and incoIporates the referral comments, The planner will recommend approval, denial or tabling of the application and recommend appropriate conditions to this action, You will be called to pick up a copy of the memo and the agenda at the end of the week before your hearing, or we can mail it to you if you so request. During the period of staff review, it is essential that public notice be given, when required for your development application, The requirements for notice of your application are provided in Attachment 7. 5. Commission or Council Review of Development Application. Your project will be presented to the Commission or Council at a regularly scheduled meeting. The typical meeting includes a presentation by staff, a presentation by you or your representative, questions and comments by the review body and the public, and an action on the staff recommendation, unless additional information is requested by the review body. r.; ~ Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff, Staffwill provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staffhas determined that your application is eligible for the requested amendment or exemption. 6, Receipt of Building Permit. Once you have received final approval of your development application, you may proceed to building permit review, During this time, your project will be examined for its compliance with the Uniform Building Code, It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will. need to be reviewed and recorded before a Building Permit is submitted. 1 stepsunun