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HomeMy WebLinkAboutagenda.council.regular.20050627II. III. CITY COUNCIL AGENDA June 27, 2005 5:00 P.M. Call to Order Roll Call Scheduled Public Appearances a) Davos Sister City Delegation IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) Special Orders of the Day a) Mayor's Comments b) Councilmembers' Comments c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) Supplemental Request Global Warming Emissions Inventory b) Resolution #47, 2005 - ACRA Lease c) Council Appointments d) Minutes- June 13, 14, 2005 VII. First Reading of Ordinances a) Ordinance #31,2005 - Adopting Pre-Disaster Mitigation Plan P.H. 7/11 VIII. Public Hearings a) Ordinance #26, 2005 - Code Amendment - Recycling Initiatives Continue to 7/25 IX. Action Items a) Burlingame Ranch Contract Change Order Information Items a) Aspen Country Inn Rents for 2005 Adjournment Next Regular Meeting July 11,2005 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. MEMORANDUM TO: FROM: DATE: RE: Mayor and Council Lee Cassin, Environmental Health Director ~a June 20, 2005 Supplemental Request: Global Warming Emissions Inventory SUMMARY: The attached scope of work would implement a key Canary Initiative project: determining what the main sources of Global ~/arming Pollution (GkX/P) are in Aspen. This will enable Aspen to plan the most effective ways to reduce global warming impacts. The scope of work has been revised to reflect recommendations of the Aspen Global ~0(/arming Alliance. Staff is asking for Council approval of this :~20,000 supplemental appropriation request. Your approval of this item on the June 27 consent calendar will authorize staff to proceed with this scope of work and you will see this appropriation request on your next supplemental appropriation ordinance. PREVIOUS COUNCIL ACTION: Council unanimously adopted the Canary Initiative in March of 2005. Item (6) of that resolution directed staff to "Establish a greenhouse gas (GHG) emission inventory for the City of Aspen that quantifies GHG emissions and is capable of tracking progress or lack of progress quantitatively in reducing emissions for all sectors of the Aspen economy." At its June 20 worksession Council directed staff to investigate two options for inclusion in the emissions inventory: 1) using data from the Healthy Mountain Communities travel study to extrapolate transportation emissions. This would add a component to the inventory, since the original proposal was to determine today's emissions sources. 2) including in the inventory embedded energy costs of shipping commodities to Aspen, from food to construction materials (and the resulting Global ~)~/arming Pollution emissions). BACKGROUND: An emissions inventory provides information for decision-makers about the sources of Global Warming Pollution (GkX/P) in a given area. An emissions inventory provides information about how much of the GW pollution that Aspen is responsible for, comes from residential buildings, commercial buildings, airline travel, commuting, local traffic, the landfill, and so on. DISCUSSION: The attached scope of work (Exhibit A) includes details of the proposed study. In order for the community to achieve whatever goals are set for G¥(/pollution reduction, it is essential to know how much each source contributes to G~(/pollution in Aspen. That way, efforts can be focused on sources that are significant contributors. It may be that the largest sources cannot be realistically reduced, but it is important for the community to have as much knowledge as possible in going ahead. The inventory is constrained by the availability of data. For example, inventories often use the amount of gasoline sold in an area to accurately determine emissions from fuel. In Aspen, we will have to use data from existing studies that show how many vehicle miles are traveled each year, since much gasoline burned in Aspen is not actually purchased here. The proposal balances the desire for as much detail as possible with the desire to keep costs at a reasonable level and use data that either already exists or is available. The Global 9(/arming Alliance has provided guidance about the scope of the work, from geographical boundaries, to conceptual boundaries. For example, while the landfill is not located in the Aspen metro area, we can estimate the percentage of landfill volume that comes from Aspen and "take responsibility" for Aspen's share of the landfill emissions. Similarly, the airport exists because Aspen is here, so while it is outside the city limits, the inventory will determine emissions from air travel. It will then be possible to look at Aspen's emissions in a variety of ways: including everything, looking at just the city limits, looking at those sources we have the most control over, and so on. I have researched Council's requests to expand the inventory to include emissions from embedded energy (from shipping) and extrapolating future emissions based on the HMC study. I have consulted colleagues at the Colorado Department of Public Health and Environment (CDPHE) and the emissions inventory specialist at the United States Environmental Protection Agency (EPA). Neither knows of any entity that has done a Global ~,/arming Pollution inventory that includes embedded energy, although both believe enough information may possibly be available to allow us to evaluate these impacts. This would be an ideal second phase of the inventory, to follow immediately after the primary inventory. The primary inventory data is necessary in order to do the more detailed embedded energy cost inventory. Staff recommends proceeding with this base inventory now, and using that information for a second-phase inventory that would include embedded energy and also use the HMC data to estimate emissions at a future date, possibly in ten years. This will also allow staff and the consultant to obtain information from the EPA and CDPHE about how best to proceed with the shipping energy emissions analysis. Finally, staff will then be able to provide a cost estimate for Council to consider for the second phase inventory. A consideration at that point will be the fact that many items are shipped across the country or farther, and the portion of the shipping that Aspen may be able to affect, i.e. transport from Glenwood Spring to Aspen, will be a very small portion of the shipping emissions. This is not to say that Aspen should not try to reduce those emissions as much as possible, but just to point out that that portion will be a small fraction of the shipping emissions. Such a study will likely be very informative to consumers, who may be surprised to find how large the Global ~/arming Pollution impact is of buying food from abroad. FINANCIAL IMPLICATIONS: Staff is asking Council to approve the supplemental request for the first phase of the inventory, up to an amount of ~;20,000. The proposal anticipates the work being completed at a cost of slightly less. The cost of the study is being kept down by having city staff provide assistance in obtaining some data, and by using readily available data as discussed above. This is a one-time cost, unless the City decides to have the work re-done every several years. Staff believes that updates could be done in-house since the methodology will be described, and updated data can be easily put into the spreadsheets to update them in the future. Staff will come back to Council as soon as possible with a proposal and budget for the second phase inventory. RECOMMENDATION: Staff recommends approval of this supplemental request in an amount not to exceed ~20,000. Staff believes this study is a key foundation for effectively reducing Global ~/arming Pollution emissions in Aspen and for assessing our success in doing so. Staff strongly recommends going ahead with the first phase now, so we can have the data that is needed to determine community goals and measure success. ALTERNATIVES: This study could be more detailed, for example with extensive traffic counts by vehicle type, with an increase in cost and time. The study could be more cursory, but with a loss of needed information to allow the community to wisely target emission reduction goals. PROPOSED MOTION: I move to approve this supplemental appropriation request in an amount not to exceed ~;20,000 for an emissions inventory of sources of greenhouse gas pollution in Aspen. CITY MANAGER. COMMENTS: ~,...,_0 c~.,~--,..,-~ ~ CAMS: City uf Aspen Measurement Study City of Aspen ~ Canary Initiative Exhibit A: Scope of work on the emissions inventory Rick Heede Climate Mitigation Services Snowmass, CO llJune2005 Lee Cassin: This letter describes the community-wide greenhouse gas emissions inventory for the City of Aspen and for which the Environmental Health Department seeks professional services from Climate Mitigation Services. Work standard: The work performed for the City of Aspen will meet the state-of-the-art in community emissions inventories. The work will be conducted to facilitate its usefulness to a possible subsequent mitigation study and the City's deliberation of achievable emissions reduction targets. The report and the supporting spreadsheets will document methods, formulas, assumptions, caveats, and sources. Carbon factors appropriate to local conditions will be developed. The report will contain images of significant emissions sources throughout the City, including major buildings, facilities, and equipment (both fixed and mobile). While technical in nature, it will be written to facilitate public understanding of the nature and scale of the City's emissions. Deliverables: The principal work product will be a comprehensive report on all relevant sources and quantities of greenhouse gas emissions for the year 2004. The report's preliminary contents are as follows: Summary and Overview Boundary definition (describing the geographic and conceptual boundaries, scope, gases included, etc.) Buildings sector (with commercial, residential, and other buildings disaggregated, depending on data) Electricity Natural Gas Fuel oil and propane (if material) City buildings and facilities (a summary of the energy accounting submitted to Chicago Climate Exchange) Special District buildings and facilities (e.g., Wastewater Treatment Facility, City's share of County Landfill) School district buildings and facilities Discussion of residential, commercial, government, institutional, and other building types. Transportation About town (gasoline and diesel) Commuting (gasoline and diesel) Commercial vehicles: freight, delivery, trucking, trash, etc City, County, State, and Federal vehicles (e.g., police cruisers, snowplows, USPO) Local bus systems (in-City buses, RFTA) School buses Air travel Visitors and tourist commercial air travel Local commercial air travel Private aviation Richard Heede Climate Mitigation Services hecde(~ climatcmifigation.com (. AMS: Cits ot Aspen Measure ne ~t Stt d~ Other "transportation" Off-road vehicles (e.g., backhoes, loaders, construction equipment) Other (if material: snowmobiles, mowers, graders) Methane and nitrous oxide emissions Wastewater Treatment Facility City's share of County Landfill (methane: only if material) Methane emissions at Holy Cross's procurement of coal-fired electricity (included in carbon-equivalent emissions per kWh of electricity delivered to Aspen customers) N20 from fertilizer application (probably only material for City Parks and golf courses) Existing and/or potential offsets Carbon sequestration from the City's tree planting programs will be estimated Saved emissions from local and RFI'A transportation services Timeline Work will commence in early July. Project elements and estimated hours include: Site visits, meetings with energy providers & consumers: 12 - 16 hfs Data gathering: 36 - 40 hrs Calculations, data entry, spreadsheet development: 36 - 40 hrs Documentation: Analysis: Report drafting: Peer review process: Report completion: Miscellaneous (editine. desien & layout, printing): Total project: 8 hfs 16 - 24 hfs 16 - 24 hfs 8hfs 16 - 20 hfs 8 - 16 hfs 156 - 196 hfs Anticipated delivery of draft report for review by Environmental Health (Lee Cassin), City Manager (Steve Barwick), Canary Coordinator (Dan Richardson), and Alliance members on ~3 lAug05. Peer review comments incorporated and final report to printer on ~20Sep05. Cost of services~ Professional Services (maximum of 196 hrs @ $90) = Research Assistant (40 hfs @ $30/hr) = Printing of final report (City will print) Travel & miscellaneous expenses (assume 300 miles @$0.40) = Total (maximum) project cost = $17,640 $1200 nc $120 $18~o6o Invoices will be submitted after each period of ~40 hrs work (approximately bi-weekly). Respectfully, ~ Cost of services could be lower, depending on the actual time requirement. The cost of services will not exceed thc maximum project cost. The rate of $90/hr is discounted from consultant's municipal client rote of $120/hr in appreciation of working locally on a high-leverage project. Richard Heede Climate Mitieation Services becde4~ climatemifieation.com To: From: Subject: Date: RE: Mayor and City Council Ed Sadler, Asst. City Manager ACRA lease at Parking Garage June 8, 2005 Renewal of ACRA Lease SUMMARY: Since 1990, the Aspen Chamber Resort Association (ACRA) has leased office space on the entry level of the Rio Grande Parking Plaza. Some of the space is sub- leased to Stay Aspen Snowmass (SAS). There are close ties between the ACRA and SAS in that both are dealing with tourism and providing guest services. Attached you will find a new lease for ACRA that would run for an additional five years, through November 30, 2010. ACRA would like to renew the lease at this time to insure its continuity in the current location. Previous Council Action: Previously, the City has leased this space to ACRA and has allowed for a sublease to SAS for several years. Council members have expressed concern in the past about the sub-lease to SAS at what was viewed as a favorable rate for a private entity in a government facility. Some time back, the lease was adjusted to the extent that SAS was paying market rate for their space. Checking rates for similar properties in town, the rate specified in the current contract also seems to reflect current rates. Discussion: Major points regarding this contract are that for the most part, the lease remains the same as in past years. The contract contains a clause that addresses rent increases each year so that the rent amount stays current for the contract term. What is new in this lease is the provision that the City can require that the space occupied by SAS be vacated with 180-day notice and with move out dates only in the months of April, May or September of any given year, to make room for City uses should the need arise during the contract term. Financial Implications: At the current time, the City has no expressed need for this office space and therefore it behooves the City to make good financial use of the space for a use that also benefits the community. These rent monies are deposited into the Parking Improvement Fund. Recommendation: I recommend that Council approve the contract as attached and that the ACRA lease be renewed for another 5 years. City Manager's. Comments: RESOLUTION NO. /~ Series of 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A LEASE AGREEMENT BETWEEN THE ASPEN CHAMBER RESORT ASSOCIATION AND THE CITY OF ASPEN, COLORADO FOR A PORTION OF THE CITY OF ASPEN PARKING PLAZA, 425 RIO GRANDE PLACE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a lease agreement between the Aspen Chamber Resort Association and the City of Aspen, a tree and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that lease agreement between the Aspen Chamber Resort Association and the City of Aspen, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the __ day of ~ 2005. Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk Lease Agreement THIS AGREEMENT is made between the CITY OF ASPEN, COLORADO, a political subdivision and body corporate ("Lessor"), and the ASPEN CHAMBER AND RESORT ASSOCIATION, COLORADO, a Colorado non-profit corporation ("Lessee"), and executed on the date(s) as indicated below. Recitals Lessor is the lessee of a parking garage facility known as the Aspen Municipal Parking Plaza which includes within it certain floor area and space suitable for offices and business purposes as more fully described below. Lessee desires to sub-lease such floor area and space for the purpose of conducting its business activities as a chamber of commerce and resort association. The parties hereto intend this agreement to supercede any and all previous agreements relating to the lease of the demised premises. Leased Premises and Term Lessor hereby leases to Lessee that portion of the City of Aspen Parking Plaza, 425 Rio Grande Place, Aspen, Colorado, consisting of approximately 3,300 square feet of finished space and which is more fully described and depicted on Exhibit "A" attached hereto and which by this reference is fully incorporated herein for all purposes (the "demised premises".). The term of this lease shall be five (5) years commencing December 1, 2005, and terminating November 30, 2010, provided the lease is not sooner terminated by a breach of the terms or conditions set forth herein by Lessee. Lessee may extend the term of this lease for one (1) additional term of five (5) years upon giving the Lessor written notice of its intent to do so six (6) months prior to the expiration of the initial five (5) year term, to wit, on or before June 1, 2010. In the event Lessee chooses to extend the term of this lease by providing Lessor timely notice as provided above, Lessor and Lessee shall use their best good faith efforts to determine and agree upon a new monthly or annual rent and utility service charge as described in Paragraph 6 below. All other terms and conditions shall remain as provided herein. In the event the parties cannot mutually negotiate and agree upon a new rent amount prior to the commencement of a new lease term, then each party shall employ an appraiser knowledgeable in the Aspen market and the two appraisers so employed shall determine the new rent. If the two appraisers shall be unable to agree upon a new rent, three appraisers so employed shall determine the rent. Should the appraisers fail to establish a new rent prior to the commencement of a new lease term, Lessee shall continue to pay that rent as then in effect for the present lease term until the new rent has been fixed, at which time the difference between the rent so paid and that payable under the new rate from the beginning of the new lease term shall be paid to Lessor by Lessee. Rent and Utilities Lessee shall pay Lessor at the offices of the City of Aspen Finance Director, rent for the leased premises in the sum of $5,713.00 payable and due on the fifteenth (15th) day of each month commencing December 15, 2005. The monthly rent shall be increased on each anniversary date (December 1) of the term of the renewal period by the percentage increase in the Urban Index during the twelve months ending on September 30 of each calendar year. (Urban Index and a description of calculating index changes is attached hereto as Exhibit "B".) In addition to the rent payments as specified in Paragraph 5 above, Lessee shall pay to Lessor the sum of $1,120.00 per month to defray the cost of utility services provided to the leased premises. The monthly payment for utility services shall be due and paid contemporaneously with Lessee's monthly rent payments. To secure payment of rent here agreed to be paid, Lessee grants to Lessor a lien on all of Lessee's equipment, furniture and other personal property that is placed on the leased premises by Lessee, such lien to be subordinate to all previously existing liens asserted against said property as of the date of this agreement. Upon Lessee's failure to pay any of the rent or utility service installments on the dates specified above, Lessor may terminate this lease by written notice to the Lessee following such non-payment and recover from Lessee all damages Lessor may incur by reason of Lessee's breach, including the cost of recovering the premises, reasonable attorney's fees, and the amount of rent and other charges reserved in this lease for the remainder of the stated term. Lessee, at the sole discretion of Lessor, may cure a default in making timely rent or utility service payments by tendering the full past due amount(s) along with an additional payment equal to one percent (1%) of the past due amount(s) for each day beyond the date any payment is due. 2 10. 11. 12. 13. 14. Use of the Premises The leased premises shall be used only by Lessee and only for purposes consistent with conducting its business as a chamber of commerce and resort association. Such use may include utilization of the premises for a tourist informatiordcentral reservation center. Lessee shall not assign, transfer, pledge, surrender or otherwise encumber or dispose of this lease or any interest or estate created herein, or permit any other person, persons, company, corporation, or organization to occupy or use the premises without first obtaining the written consent of the Lessor. Such consent may or may not be given at Lessor's sole discretion. Lessor hereby consents to a sub-lease of a portion of the demised premises between Lessee and StayAspenSnowmas upon the terms and conditions set forth in that certain Sub-Lease Agreement appended hereto as Exhibit "C". Lessee shall not erect, install, operate nor cause nor permit to be erected, installed or operated in or upon the leased premises any sign(s) or other advertising device without having obtained the written consent of the City Manager for the City of Aspen. Such consent may or may not be given at Lessor's sole discretion. Services Lessor, at the request, advice and approval of Lessee, and at Lessor's cost and expense has caused improvements to be installed and completed in and upon the leased premises, including, but not limited to, electrical lines, plumbing, partitions, and heating and cooling systems, sufficient to meet Lessee's needs and acknowledges that it has inspected and knows the condition of the leased premises and that Lessee accepts same as suitable for its purposes. Lessor shall provide or cause to be provided reasonable amounts of electricity, hot and cold running water and heat to the premises, as well as air-conditioning for those areas within the leased premises as agreed upon and installed pursuant to the installation of the improvements as described in Paragraph 13. In the event Lessee desires or is required by business necessity to add new equipment or expand existing equipment, thus creating an increased demand for electrical, water, heating or air-cooling services or systems, Lessor shall be entitled to review any such proposal of Lessee for purposes of determining the need to increase the charge as set forth in Paragraph 6 above and impose an increased charge if Lessor deems same to be necessary based upon actual billing statements as provided by the utility service provider. 15. Early Termination Lessee understands that Lessor, through its Community Development Department, is in the process of developing a Civic Center Master Plan for an area of the City of Aspen which incorporates the parking garage facility and the demised promises. Lessee further understands that the Civic Center Master Plan may recommend redevelopment of the parking garage facility and the demised promises which would require the removal of Lessee from the demised premises to a new location in the immediate vicinity of the demised premises. In the event that Lessor accepts a recommendation from the City of Aspen Community Development Department pursuant to the Civic Center Master Plan to move Lessee from the demised premises to a new location, the parties hereto agree to terminate this agreement upon twenty-four (24) months prior written notice from Lessor to Lessee, and to negotiate in good faith the terms and conditions of a new lease agreement for new space to be provided by Lessor to Lessee in the vicinity of the demised premises. Additionally, with six (6) months notice, the City may exercise an option to have Stay Aspen Snowmass vacate that portion of the floor area leased by ACRA for SAS use. Move out dates for SAS shall fall in April, May or September in any given year and shall in no case be less than 180 days. This shall in no way affect the lease term for the area leased to ACRA which is occupied by ACRA. Should this occur, the base lease rate for ACRA shall be reduced to $1999 and the cost to defray utility services shall be reduced to $336. 16. 17. Maintenance of Premises Lessor shall, at its own expense, keep the roof, structural parts of the floor, walls and other structural parts of the premises in good repair and make necessary structural repairs not occasioned by Lessee's negligence upon written notice by Lessee. Additionally, Lessor shall maintain, to the satisfaction of Lessee, heating, ventilation and air-conditioning systems servicing the leased premises in good and sufficient operating condition. All other repairs shall be made by Lessee at its cost and expense. Lessee shall, at its own expense, keep and maintain the leased premises and entrance ways leading thereto in good condition and do all work or repairs necessary to keep the premises in a safe condition and from deteriorating with the exception of normal wear and tear and aging consistent with normal office usage and time. Lessee shall also maintain the premises consistent with all applicable laws, ordinances, or governmental safety regulations applicable to the premises. In these respects, Lessee shall permit Lessor, through its officers and agents, to 4 18. 19. 20. 21. make inspection of the premises at any time so as to determine compliance with this agreement. Lessor shall in no way, nor under any circumstances, be responsible for any property of the Lessee, its employees or agents, customers, or invitees that may be stolen, destroyed or in any way damaged while on the leased premises, and Lessee agrees to indemnify and hold harmless Lessor from any such claim. Insurance and Liability It is expressly agreed that Lessee shall occupy and operate the leased premises as an independent contractor and not as an agent, representative or employee of Lessor. Lessee shall be solely responsible for the acts and omissions of its employees and agents and nothing herein shall be construed as creating a partnership or joint enterprise between Lessor and Lessee. Lessee agrees to indemnify, defend and hold harmless Lessor, its employees, officers and agents from and against any and all claims or suits for property loss or damage and/or personal injury or loss, including death, to any and all persons whether real or asserted, arising out of or in connection with the leasing, maintenance, use or occupancy of the leased premises. Lessee shall, likewise, indemnify Lessor for all injury or damage to the leased premises arising from the use, occupancy or maintenance of such premises, whether caused by Lessee, its employees, agents, or invitees, or other third persons. Lessee agrees to furnish Lessor with certificate(s) of insurance as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the leasing, use, occupancy, maintenance, operation or location of the leased premises. The insurance shall be procured from a company authorized to do business in the State of Colorado and be satisfactory to Lessor. The amount of this insurance, without co-insurance clauses, shall not be less than the maximum liability that can be imposed upon the City of Aspen under the laws of the State of Colorado found at C.R.S. Section 24-10-101 et seg., as amended. At present, such amounts shall be as follows: $150,000.00 for any injury to one person in any single occurrence; $600,000.00 for any injury to two or more persons in any single occurrence. These insurance amounts may be revised upward at Lessor's option and Lessee shall do so within ninety (90) days following notice to Lessee of 5 22. 23. 24. such new required insurance amounts. In no event shall such insurance amounts fall below those maximum liability limits as set forth at C.R.S. Section 24-10-114, as amended. During the full term of this lease, Lessee, at its sole cost and expense, shall also cause all the leased premises and improvements on the leased premises to be kept insured, without co-insurance clauses, to the full insurable value against the perils of wind storm, hail, lightening, explosion, fire and like perils. "Full insurance value" means the actual replacement value less physical depreciation. The insurance shall be procured from a company authorized to do business in the Sate of Colorado and be satisfactory to the Lessor. All policies as required herein shall contain a waiver of subrogation by the insurer against Lessor. If, absent negligence or fault on the part of Lessee, the leased premises shall be damaged by fire or other catastrophe so as to render said premises wholly untenantable, and if such damage is so great that a competent licensed architect in good standing in Pitkin County, Colorado, as selected by the Lessor, shall certify in writing to the Lessor and Lessee that the premises, with reasonable diligence, cannot be made fit for occupancy within ninety (90) days from the happening of the occurrence of the damage, then the lease shall terminate and Lessor may re-enter and take possession. Lessee shall pay rent, duly apportioned, up to the time the lease shall be terminated as herein provided. Such a termination of the lease shall not forgive Lessee's obligations to return the premises to Lessor in as good repair as when Lessee originally assumed possession thereof, regular and ordinary wear and tear excepting. Alternatively, Lessee shall subordinate its rights and interests in any insurance proceeds as provided for in Paragraph 24 below. If, however, the damage is not such as to prevent reoccupation and use of the premises within ninety (90) days, then repairs thereto shall be undertaken by Lessee with all reasonable speed to restore the premises to its former condition and rent shall only be abated for that period of time during which Lessee shall be deprived of actual use of the premises as a result of the damage and repairs undertaken thereto. Lessee shall name Lessor as co-insured on all insurance policies and such policies shall include a provision that written notice of any non-renewal, cancellation or material change in a policy by the insurer shall be delivered to Lessor thirty (30) days in advance of the effective date. In the event the leased premises is destroyed by fire or other insured casualty, Lessor shall, at a minimum, be entitled to so much of the insurance proceeds representing its actual costs in finishing and improving the premises as described in Paragraph 13 above and in restoring the premises to its original unfinished and unimproved condition. Should insurance 6 25. 26. 27. 28. proceeds be insufficient to restore the premises to its original condition, Lessee shall make up and satisfy such deficiency. Alterations to Premises Lessee, upon Lessor's written consent, may, at its own expense, make reasonable and necessary alteration or improvements to the leased premises. All alterations, additions and improvements shall be performed in a workmanlike manner, in accordance with all applicable building and safety codes, and shall not weaken or impair the structural strength or lessen the value of the premises. All alterations, additions and improvements made in or to the premises shall be the property of Lessor and remain and be surrendered with the premises upon termination of this lease. Lessee agrees that prior to any construction or installation of alterations, additions or improvements, Lessee shall post on the premises in a conspicuous place a notice of non-liability for mechanic's lien as specified at C.R.S. Section 38-22-105 on behalf of Lessor and shall notify Lessor of such posting and the exact location of same. Perfection of a mechanic's lien against the leased premises as a result of Lessee's acts or omissions may be treated by Lessor as a material breach of this lease. Lessor reserves the right, from time to time, at its own expense and by its officials, employees and contractors, to make such alterations, renovations or repairs in and about the leased premises, other than those noted above as required by Lessee, as Lessor deems necessary or desirable and Lessee covenants to make no claim against Lessor for any interference with its interests as herein provided in the premises. Lessor shall provide reasonable notice to Lessee in advance of any intent to undertake alterations or repairs as authorized in this paragraph. Quiet Enjoyment Lessor agrees that Lessee, upon timely payment of rent and observing amd keeping those terms and conditions of this lease to be observed and kept by Lessee, shall lawfully and quietly hold, occupy and enjoy the leased premises during the term of the lease subject to, however, those conditions which may be reasonably anticipated in connection with the operation of a parking garage facility. Taxes In the event any taxes are levied and assessed upon the leased premises or upon the improvements, fixtures or personal property of the Lessee located on the leased premises, or upon the leasehold or possessory interests as created through this lease, Lessee shall be solely responsible to satisfy and pay all such taxes or assessments to exist with respect to the 7 29. 30. 31. leased premises, except that Lessee may permit such taxes or assessments to remain unpaid while pursuing any good faith contest or appeal of same. Condemnation If during the term of this lease, or any renewal of it, the whole or part of the leased premises or such portion as will make the leased premises unusable for the purpose leased, or the leasehold interest, be condemned by public authority, including Lessor, for public t3se, then the lease term granted herein shall cease as of the date of the vesting of title in the premises in such condemning authority, or when possession is given to such authority, whichever event occurs first. Upon such occurrence, the rent as due hereunder shall be apportioned as of that date and any prepaid rent shall be returned to Lessee. Lessee shall not be entitled to any part of any condemnation award for the value of the un-expired term of this lease or for any other estate or interest in the leased premises, such amount belonging entirely to Lessor Default/Termination If Lessee shall fail to timely comply with any of the terms or conditions of this lease or any notice given under it, or if it shall remove or manifest an intention of removing its furniture, business equipment, or fixtures from the leased premises while in arrears as to the payment of rent, or shall become insolvent, or shall have or attempt to make an assignment for the benefit of creditors, or if any of its property be attached and such attachment is not promptly released, or if an execution be issued against it, or, if a petition be filed by or against it, to have it adjudicated a bankrupt, or if a trustee or receiver shall be created or appointed to take charge of its assets, or if it shall abandon the premises for a period of more than seventy-two (72) hours, then at any time afterwards Lessor may at its option enter into the premises and remove all persons and take and retain possession thereof either with or without process of law. Any breach, default or failure by Lessee to perform any of the duties or obligations assumed by Lessee, or to faithfully keep and perform any of the terms herein, shall be cause for termination of the lease by Lessor in the manner set forth in this paragraph. Lessor shall deliver to Lessee ten (10) days prior written notice of its intention to terminate this lease, including in the notice a reasonable description of the breach, default or failure. If within that ten (10) days Lessee shall fail or refuse to cure, adjust or correct it to the satisfaction of Lessor, then Lessor shall have the right to declare the lease terminated and all rights, powers and privileges of Lessee as provided through this lease shall cease and Lessee shall immediately vacate the premises and shall make no claim of any kind against Lessor by reason of the termination. 32. 33. 34. 35. 36. The ten (10) days' prior written notice shall be conclusively determined to have been delivered to Lessee upon posting of same upon the main business entrance to the premises or at the time it is deposited in the U.S. Mail, certified, postage prepaid, addressed to President, Aspen Chamber Resort Association, 425 Rio Grande Place, Aspen, Colorado 81611, or such other address as otherwise designated in writing by Lessee. Any failure by Lessor to so terminate this lease as herein provided or the acceptance by Lessor of rent for any period after the breach, default or failure by Lessee to adhere to the terms of the lease shall not be determined or construed to be a waiver or continuing waiver by Lessor of any rights to terminate the lease for any present or subsequent breach, default or failure. Lessee agrees that it will, at the end of the term of the lease, peaceably deliver to Lessor the leased premises and all fixtures and improvements on it in a good state of repair, and vacant, unencumbered, and in good and tenantable condition. Compliance with Laws/No Discrimination Lessee agrees to comply with all laws, ordinances, rules and regulations that may pertain or apply to the leased premises and its use. In performing under the lease, Lessee shall not discriminate against any worker, employee or job applicant, or any member of the public, because of race, color, creed, religion, ancestry, national origin, sex, age, marital status, physical handicap, affectional or sexual orientation, family responsibility or political affiliation, nor otherwise commit an unfair employment practice. Notices Whenever this lease calls for or provides for notice and notice is not otherwise specified, the same shall be provided in writing and shall be served on the person(s) as designated by the parties below, either in person or by certified mail, postage prepaid and return receipt requested: For Lessor: Aspen City Manager 130 South Galena Street Aspen, Colorado 81611 For Lessee: President and CEO Aspen Chamber Resort Association 9 37. 38. 39. 40. 41. 42. 425 Rio Grande Place Aspen, Colorado 81611 The parties may change or add such designated person(s) or addresses as may be necessary from time to time in writing. Successors and Assigns All of the terms and conditions as contained in this lease shall inure to the benefit of and be binding upon the successors and assigns of the parties. Headings Headings contained herein are for convenience of reference only and are not intended to define, limit or describe the scope or intent of any provision of this lease. Governing Law This lease shall be enforced and interpreted in accordance with the laws of the State of Colorado. Any action brought to enforce or interpret this lease shall be brought in the District Court in and for Pitkin County, Colorado. In the event of litigation between the parties concerning this lease or matters arising therefrom, the prevailing party shall be awarded its costs and reasonable attorney's fees. Modifications This instrument constitutes the entire agreement by the parties concerning the leased premises and any prior or contemporaneous oral or written agreement that purports to vary from the terms as set forth herein shall be void and of no effect. The lease and all of its terms and conditions may not be amended or modified absent a written agreement duly executed by Lessor and Lessee. Counterparts This lease has been executed in three (3) counterparts, each of which shall be deemed an original. 10 WHEREFORE, the parties, through their duly authorized representatives, have executed this lease upon the dates as set forth herein. CITY OF ASPEN, COLORADO Date: By: ATTEST: Helen Klandemd, Mayor Kathryn S. Koch, City Clerk Date: ATTESt: ASPEN CHAMBER AND RESORT ASSOCIATION Han~P~ev~y, President and CEO JPW-6/13/2005 -G:\j ohn\word~agr\acra-lease doc 11 MEMORANDUM TO: FROM: DATE RE: Mayor Klanderud and Council Kathryn Koch, City Clerk June 22, 2005 Council Appointments Section 4.1 of the City Charter sets the first meeting after the regular election as the organizational meeting ot~ City Council, which includes the appointment of Mayor Pro Tem and of Council members to outside Boards. By adopting the consent calendar, the following appointments will be made. Mayor Pro Tem CAST RFTA RFTA alternate DRGW Covenant Enforcement NWC Council of Governments Aspen Chamber Resort Assn. Arts Council Ruedi Water & Power Authority CORE Board Sister Cities ASC Advisory Committee Healthy Mountain Communities Club 20 Burlingame Housing Inc. Grassroots TV Board CML Policy Advisory Board Nordic Council Torte Helen/Rachel Helen Klanderud Torre Jack Johnson J. E. DeVilbiss Helen Klandeurd Jack Johnson Rachel Richards/Jack Johnson (alt) J. E. DeVilbiss Linda Gerdenich Torre Randy Ready Rachel Richards J. E. DeVilbiss Linda Gerdenich Rachel Richards J. E. DeVilbiss MEMORANDUM TO: FROM: DATE: RE: Mayor and Council Ellen Anderson, Emergency Management Coordinator June 13, 2005 Pre-Disaster Mitigation Plan SUMMARY: Part of the ability of Pitkin County and the incorporated jurisdictions within the County (City of Aspen, Town of Snowmass Village, Town of Basalt) to serve the interests of the citizens is preparation for any type of disaster, which involves pre-disaster mitigation planning. The Federal Disaster Mitigation Act of 2000 (The Stafford Act) requires jurisdictions to prepare and adopt hazard mitigations plans before a disaster occurs in order to be eligible for future pre-disaster and post-disaster federal funding for mitigation purposes. PREVIOUS COUNCIL ACTION: None DISCUSSION: The Emergency Management Coordinators of Pitkin and Eagle Counties, along with consultants and staff in all the incorporated jurisdictions within those counties, have created a comprehensive Pre-Disaster Mitigation Plan. This process involved extensive input from citizens, government staff, and experts in the various hazard areas. The result is one all-hazards, comprehensive Pre- Disaster Mitigation Plan for Pitkin County and all the incorporated jurisdictions with Pitkin County. This PDM is tightly coordinated with the PDM for Eagle County and its incorporated jurisdictions, thereby better serving the citizens of both counties. The adoption of this Pre-Disaster Mitigation Plan by Pitkin County, Aspen, Snowmass Village, and Basalt will allow all jurisdictions to be eligible for future pre-disaster and post-disaster federal funding. The Plan is available for review in the City Clerk's Office. It is also available on the Aspen/Pitkin Website. FINANCIAL IMPLICATIONS: Adoption of this plan will allow the City to obtain recovery grant funding if a disaster occurs. RECOMMENDATION: I recommend approval of this plan. ALTERNATIVES: If the Pre-Disaster Mitigation Plan is not adopted the City will not be eligible to apply for federal pre- and/or post-disaster funds. PROPOSED MOTION: "I move to approve Ordinance Pre-Disaster Mitigation Plan. CITY MANAGER COMMENTS: ~r/o~.~-,..,-~,,~ adopting the Attachments: A - Ordinance #05- ORDINANCE # (Series of 2005) AN ORDINANCE ADOPTING THE PRE-DISASTER MITIGATION PLAN FOR PITKIN COUNTY AND THE CITY OF ASPEN AND SETTING FORTH THE TERMS AND CONDITIONS REGARDING PRE-DISASTER MITIGATION PLANNING AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME WHEREAS, part of the ability of Pitkin County and the incorporated jurisdictions within the County (City of Aspen, Town of Snowmass Village, Town of Basalt) to serve the interests of the citizens is preparation for any type of disaster, which involves pre-disaster mitigation planning; and WHEREAS, the Federal Disaster Mitigation Act of 2000 (The Stafford Act) requires jurisdictions to prepare and adopt hazard mitigations plans before a disaster occurs in order to be eligible for future pre-disaster and post-disaster federal funding for mitigation purposes; and WHEREAS, per Resolution No. 110-2004, Pitkin County accepted $9,200.00 in reimbursable grant funds from Colorado Division of Emergency Management (Grant Award Letter 4EM72250) through an agreement with the Federal Emergency Management Agency (FEMA). These funds were used to hire a consultant to guide Pitkin County and the incorporated jurisdictions within Pitkin County, in partnership with Eagle County and the incorporated jurisdictions within Eagle County, through the Pre-Disaster Mitigation Planning process; and WHEREAS, the Emergency Management Coordinators of Pitkin and Eagle Counties, along with consultants and staff in all the incorporated jurisdictions within those counties, have created a comprehensive Pre-Disaster Mitigation Plan; and WHEREAS, this process involved extensive input from citizens, government staff, and experts in the various hazard areas; and WHEREAS, the result is one all-hazards, comprehensive Pre-Disaster Mitigation Plan for Pitkin County and all the incorporated jurisdictions with Pitkin County. This PDM is tightly coordinated with the PDM for Eagle County and its incorporated jurisdictions, thereby better serving the citizens of both counties; and WHEREAS, adoption of this Pre-Disaster Mitigation Plan by Pitkin County, Aspen, Snowmass Village, and Basalt will allow all jurisdictions to be eligible for furore pre-disaster and post-disaster federal funding; and WHEREAS, there has been submitted to the City Council a Pre-Disaster Mitigation Plan, a copy of which plan is annexed hereto and made a pan thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves the Pre- Disaster Mitigation Plan, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said plan on behalf of the City of Aspen. Section 2 A public hearing will be held on this ordinance the 11th day of July 2005 in the Aspen City Council Chambers. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 274 day of June, 2005. ATTEST: Kathryn Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, ADOPTED, PASSED, AND APPROVED this __ day of July, 2005. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klandemd, Mayor TO: FROM: DATE: RE: MEMORANDUM Mayor Klandemd and Aspen City Council Michelle Bonfils, City Project Manager May 25, 2005 Burllngame Ranch - Dirt Management Plan Approval SUMMARY: The Burlingame Ranch AH development involves a large amount of grading and controlling soil quantities. For a change order of $450,000, a new Dirt Management Plan can be implemented to limit grading and disturbance to Phase I (approximately 14 acres). Or, for no additional cost, Council may continue with the Shaw-Poss-DHM original proposal to grade and manage the entire site. PREVIOUS ACTIONS: June 13, 2005 City Council conditionally approved a Dirt Management Plan pending a cost estimate. DISCUSSION: The Dirt Management Plan is based on the City Council determination of the importance of not grading or disturbing any area outside of the Phase I boundary in the event that future Phases of development are delayed for an extended period of time. This varies from the Shaw-Poss-DHM original proposal and therefore will be a Change Order to the Part II contract. The original proposal intended to grade all Phases of the site. This was proposed for several reasons: · Planning - Through the master plan, there are areas of the site that will require fill and there are areas of the site that will require significant excavation. By grading the entire site, the excavated soil can be utilized where fill is required reducing the need for importing/exporting soil from the site. · Environmental - Grading all of the phases would reduce trucking of imported/exported soil. There is the potential for 4,000 track loads of dirt to be moved to and from the site. Reducing track traffic will reduce the air pollution impacts and vehicle traffic. This is a goal of the Building America program. · Economical - Grading all phases would reduce the amount of soil exported from or imported to the site. Reducing truck loads of soil saves funds. Similarly, grading the site in one action would reduce the fees associated with mobilizing the grading equipment for every phase. The Dirt Management Plan is a plan to achieve the above goals, however within a significantly smaller area. The original proposal was to grade within approximately 31 acres. The Dirt Management Plan is to accomplish this within approximately 14 acres. This will require: · Designing and building berms to hold the excess soil. · Managing storm water mn-off and erosion from the berms. · Management of exporting the excess soils excavated as not all material can be stored on the site (or in the berms). This includes negotiating with local construction sites (i.e. the Aspen Animal Shelter) that may have use for the excess soils and lastly paying for final removal of any soil materials remaining. ALTERNATIVES: Follow the original proposal to grade the entire site. CJTY MANAGER'S COMMENTS: ~ ~l'ca.~,.~- q.-,-~- O-~ .l~u-;~ MEMORANDUM OF INTEREST To: Aspen City Council Pitkin County Board of County Commissioners From: Sandra E. Menter-Berry, APCHA, Financial Analys{,/ Cindy Tucker-Davis, APCHA, Property Manageme~Sfipervisor Thru: Maureen Dobson, APCHA, Executive Director Re: Aspen Country Inn Rents for 2005 Date: June 10, 2005 Issue At the May 18, 2005 Housing Board Meeting, the Housing Board approved the 2005 rents for Aspen Country Inn. With the exception of Studio rents, all 2005 changes are within Housing Guideline policy. Studio rents at Aspen Country Inn (ACI) are reduced for 2005 so that this property's studio tenants will pay rents in line with their 40% and 50% median area incomes. Percentage reductions are 7.6% and 5.2%, respectively. Without this change, ACI studio tenants would pay higher rents than their higher income counterparts would at Tmscott Place Phase II for 2005.~ Aspen Country Inn tenants will be notified of this annual rent adjustment by July 1st. The adjustments are effective at the time of each tenant's lease renewal. This update to City Council and Board of County Commissioners is intended to provide contextual understanding of the 2005 rent adjustments to this property so that public inquiries to elected officials can be addressed. Prior year rent adjustments have generated comments/questions from tenants. Background and Analysis In 2004, the APCHA Board executed and submitted a Resolution to City Council advising that all standard Guideline rent increases be implemented on a yearly basis. Since the 2004 direction on Guideline rent adjustments from the APCHA Board, several events have occurred in 2005 that stand to influence the financial condition of the property. As a result of these events, only Studio units were recommended for rent reduction. These events are as follows: t By way of clarification, Aspen Country Inn serves 40% and 50% clients, meaning their incomes cannot exceed 40% or 50% of the median area incomes for Pitkin County, as determined by the Colorado Homing and Finance Authority. Truscott Place Phase II serves 60% clients, meaning their incomes cannot exceed 60% of the median area incomes for Pitkin County. 1. Holy Cross Electric executed significant rate increases beginning in May of this year. The increase for this rate code is 16% per kWh, plus increases in monthly minimum customer charges. While wholesale power cost adjustments are projected to be less than in previous periods, the exact impact of this component remains to be seen. 2. Completion of the 2004 audit indicates that while the property still operates in the positive, improvements must be made with income and expenses while opportunity exists, so that the property continues to operate in the positive. Enterprise Social Investment Corporation, the property's mortgage provider, strongly supports this goal. 3. Increased unit turnover thus far in 2005 has created a more unstable income environment. As of first quarter, vacancy loss is 77% higher than it was during the same period in 2004. APCHA has removed lease language that formerly allowed tenants to break their one-year lease with only 45 days notice. This lease change is expected to help reduce unit turnovers. As a result of these events, the Housing Board authorized only Aspen Country Inn studio units receive the reductions as presented. For a summary of the 2005 income limits and rents, please see the attached, "ACI Income Limits and Rents". This action by the Housing Board accomplishes the primary goal of eliminating the compression of studio rents with similar units at Tmscott Place Phase II. Without this, Aspen Country Inn 50% tenants would pay higher rents than their 60% counterparts would in Tmscott Place Phase II. The Housing Board further approved that one and two-bedroom units would receive the 2005 rent increase in accordance with Housing Guidelines. Based on the formula found in the Guidelines, the 2005 increase is 3%. The monthly dollar impact per unit type is as follows: 40% Units 50% Units Monthly Impact Monthly Impact One-BR $17 $21 Two-BR NA $26 Financial Impact of Recommendation The annualized impact of these actions is a net increase of approximately $8,000 in 2005 revenue. Cc: ACI Income Limits and Rents ACI INCOME LIMITS AND RENTS ARE 15% ~ 40% AND 85% ~ 50% (UTILITIES ARE NOT INCLUDED) INCOME LIMITS 40% 2005 50% 2005 1 Person }27,320 $34,150 2 Person $31,240 $39,050 3 Person $35,120 $43,900 4 Person $39,040 $48,800 RENTS 40% 50% 2004 2005 2004 2005 Studios: 1~408 Sq. Ft. $525/mo. 2@472 Sq. Ft. k@562 Sq. Ft. 4 ~48S/m~ $670/mo. ~635/m4 ~ $710/mo. ~ 1 BR: 06 ~ 545 Sq. Ft. $555/mo. 20 @ 614 Sq. Ft. 03 @ 630 Sq. Ft. 03 ~ 673 Sq. Ft. 01 @ 691 Sq. Ft. 33 2BR: 1~835 Sq. Ft. N/A ~ $855/mo. ~1,022 Sq. Ft. 3 ACI PrioriW: lsat: (4) years full-time employment in Pitkin County immediately prior to retirement and age 65+ and meets the local and federal guidelines. 2n~: Currently working full-time in Pitkin County and age 65+ and meets the local and federal guidelines. Rent increase in accordance with annual Guideline formula. 3rd: Currently working full-time in Pitkin County and age 55 - 64 and meets the local and federal guidelines. 4th: Anyone else working full-time in Pitkin County that meets the local and federal guidelines.