HomeMy WebLinkAboutlanduse case.tu.590 N Mill St.0056.2005.ASLU
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City of Aspen Community Development Dept.
CASE NUMBER
0056.2005.ASLU
PARCEL 10 NUMBER 2737-07-3-00-859
PROJECT ADDRESS 590 N MILL ST
PLANNER SARAH OATES
CASE DESCRIPTION TEMPORARY USE TRAILER
REPRESENTATIVE CHARLES CUNNIFFE 925-5590
DATE OF FINAL ACTION I1I29/200:
CLOSED BY Denise Driscoll
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MEMORANDUM
THRU:
Mayor and City Council
Chris Bendon, Community Development Director(~lltv1
Sarah Oates, Zoning Officer9==>
TO:
FROM:
DATE:
September 12, 200S-Continued from August 22,2005
RE:
Temporary Use Permit for the Aspen Art Museum-Use of Temporary
Structure for Offices
SUMMARY: Charles Cunniffe Architects, representing the Aspen Art Museum, are
requesting a Temporary Use Permit to allow a temporary structure to be installed adjacent
the northwest corner of the current museum building. The trailer will be used as two
office spaces for museum staff while the museum finalizes plans for creating additional
office spaces within the existing structure.
The proposal is for one year although Council will need to approve a one hundred and
eighty day (180) permit and an extension for an additional one hundred and eighty days
(180).
The City of Aspen is the owner of the subject property and leases the building and site to
the Aspen Art Museum. Nothing in the lease prohibits the addition of a temporary
structure on the lot. As owners of the property, City Council has broader latitude in
reviewing this request. In addition to the temporary use criteria, City Council should
consider whether this is appropriate use of City property.
After further discussion following the August 22, 2005 hearing several issues have been
clarified.
First, the applicant is developing plans to incorporate two office spaces within the
existing building during the next year so that the proposal for the trailer will not be
indefinite. Further, the Council does have the ability to deny any future temporary use
requests for similar proposals should the temporary structure start to evolve into a more
permanent structure.
Second, the applicant would prefer not to create additional parking spaces as shown on
the original site plan that was submitted and the proposal is to leave the parking
configuration "as is."
Finally, Brian Flynn from the Parks Department has done a site visit and has determined
that all of the trees that are to be removed are in poor health and that no mitigation would
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be required for their removal. The Parks Department also does not want any site
excavation and Condition #4 reflects this requirement.
Community Development Department staff believes this application meets the review
criteria and recommends approval of the installation of the temporary structure with
conditions.
ApPLICANT: Charles Cunniffe of Charles Cunniffe Architects, representing the Aspen
Art Museum. The parcel is owned by the City of Aspen.
LOCATION: 590 N. Mill Street.
ZONING: Low Density Residential (R-30) with a Planned Unit Development (PUD)
Overlay.
CODE CRITERIA FOR TEMPORARY USE: Section 26.450.050 allows City Council to
grant a temporary use of up to one hundred eighty (180) days. As provided for in that
subsection, all proposed extensions of a temporary use should be evaluated under the
same criteria as set forth in Sections 26.450.030 and 26.450.040.
CODE CRITERIA: The following criteria must be considered for the review of the
temporary structure:
A. The location, size, design, operating characteristics, and visual
impacts of the proposed use.
Staff Finding:
The proposed temporary structure will be 8' x 28' and used for two offices. The trailer
will be between Spring Street, where it turns off of Gibson A venue, and the existing
museum building. The trailer will be visible from Spring Street and Gibson Avenue.
B. The compatibility of the proposed temporary use with the
character, density and use structures and uses in the
immediate vicinity.
Staff Finding:
The trailers are not expected to create any character or density problems for the area.
C. The impacts of the proposed use on pedestrian and vehicular
traffic and traffic patterns, municipal services, noise levels, and
neighborhood character.
Staff Finding:
The trailer will not impact traffic patterns as it is not located on a street nor will it impede
traffic accessing Spring Street. The trailer will also not impact municipal service or noise
levels. Staff is not concerned about the short-term impact on the neighborhood character
but it must be emphasized this proposed shall be temporary. Long-term installation of the
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temporary structure on the site would have a negative impact on the neighborhood
character and the integrity of the historic building.
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:
The applicant is requesting approval by the City Council to install the temporary structure
for no more than one (I) year. Council is only able to approve Temporary Use Permits
for one hundred and eight days (] 80) with an extension of an additional one hundred and
eight (180) days. The parking on the site will not be changed or affected. No new
employees are proposed so no new parking demands are generated by the temporary
building.
E. The purposes and intent of the zone district in which the
temporary use is proposed.
Staff Finding;
The purpose of the R-30 zone district is long-term residential. Art, Civic and Cultural
Uses, such as a museum, are permitted as a conditional use.
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:
There are no changes in the surrounding land uses that would prohibit this operation.
G. How the proposed temporary use will enhance or diminish the
general public health, safety, or welfare.
Staff Finding:
The temporary use will not impact the public health, safety or welfare.
RECOMMENDA nON: Staff is recommending approval of a the installation of a temporary
structure for two offices at the Aspen Art Museum, 590 N. Mill Street, with the following
conditions:
1. The temporary use is valid from September ]2,2005 to March] 0,2006 with an
extension from March 10,2006 until September 8, 2006.
2. The applicant shall seek and receive any necessary building permits for the
installation of the temporary structure and be in compliance with all applicable
building, fire safety and utility codes. This shall include the installation of a ramp
to provide the necessary accessibility.
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3. The applicant shall work with the Parks Department if any native vegetation is to
be removed and/or disturbed.
4. No earthwork shall be done to level the site. The temporary structure shall be
leveled with the supports. No disturbance ofthe hillside should occur beyond that
of the footprint of the temporary structure.
5. All material representations made in the application and in the hearing by the
applicant and the applicant's representative shall be considered conditions of
approval, unless amended by other conditions.
RECOMMENDED MOTION: "1 move to approve the request for a temporary use permit for
the purpose of installing a temporary structure to house two offices for the Aspen Art
Museum at 590 N. Mill Street from September 12, 2005 to March 10,2006 and grant an
extension of the temporary use permit from March 10, 2006 until September 8, 2006 with
conditions as noted in Resolution No. 05-~, Series of2005."
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MEMORANDUM
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FROM:
Mayor and City Council
Chris Bendon, Community DevelopJ?ent Director~
Joyce Allgaier, Deputy Director ~
Sarah Oates, Zoning Officer...s~
TO:
THRU:
DATE:
August 22, 2005
RE:
Temporary Use Permit for the Aspen Art Museum-Use of Temporary
Structure for Offices
SUMMARY: Charles Cunniffe Architects, representing the Aspen Art Museum, are
requesting a Temporary Use Permit to allow a temporary structure to be installed adjacent
the northwest corner of the current museum building. The trailer will be used as two
office spaces for museum staff while the museum finalizes plans for creating additional
office spaces. The proposal is for one year.
The City of Aspen is the owner of the subject property and leases the building and site to
the Aspen Art Museum. Nothing in the lease prohibits the addition of a temporary
structure on the lot. As owners of the property, City Council has broader latitude in
reviewing this request. In addition to the temporary use criteria, City Council should
consider whether this is appropriate use of City property.
Community Development Department staff believes this application meets the review
criteria and recommends approval of the installation of the temporary structure with
conditions.
ApPLICANT: Charles Cunniffe of Charles Cunniffe Architects, representing the Aspen
Art Museum. The parcel is owned by the City of Aspen.
LOCATION: 590 N. Mill Street.
ZONING: Low Density Residential (R-30) with a Planned Unit Development (PUD)
Overlay.
CODE CRITERIA FOR TEMPORARY USE: Section 26.450.050 allows City Council to
grant a temporary use of up to one hundred eighty (180) days. As provided for in that
subsection, all proposed extensions of a temporary use should be evaluated under the
same criteria as set forth in Sections 26.450.030 and 26.450.040.
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CODE CRITERIA: The following criteria must be considered for the review of the
temporary structure:
A. The location, size, design, operating characteristics, and visual
impacts of the proposed use.
Staff Finding:
The proposed temporary structure will be 8' x 28' and used for two office. The trailer
will be between Spring Street, where it turns off of Gibson A venue, and the existing
museum building. The trailer will be visible from Spring Street and Gibson Avenue.
B. The compatibility of the proposed temporary use with the
character, density and use structures and uses in the
immediate vicinity.
Staff Finding:
The trailers are not expected to create any character or density problems for the area.
C. The impacts of the proposed use on pedestrian and vehicular
traffic and traffic patterns, municipal services, noise levels, and
neighborhood character.
Staff Finding:
The trailer will not impact traffic patterns as it is not located on a street nor will it impede
traffic accessing Spring Street. The trailer will also not impact municipal service or noise
levels. Staff is not concerned about the short-term impact on the neighborhood character
but it must be emphasized this proposed shall be temporary. Long-term installation of the
temporary structure on the site would have a negative impact on the neighborhood
character and the integrity of the historic building.
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:
The applicant is requesting approval by the City Council to install the temporary structure
for no more than one (1) year. Council is only able to approve Temporary Use Permits
for up to one (1) year. The parking on the site will not be changed or affected. No new
employees are proposed so no new parking demands are generated by the temporary
building.
E. The purposes and intent of the zone district in which the
temporary use is proposed.
Staff Finding:
The purpose of the R-30 zone district is long-term residential. Art, Civic and Cultural
Uses, such as a museum, are permitted as a conditional use.
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F. The relation ofthe 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:
There are no changes in the surrounding land uses that would prohibit this operation.
G. How the proposed temporary use will enhance or diminish the
general public health, safety, or welfare.
Staff Finding:
The temporary use will not impact the public health, safety or welfare.
RECOMMENDATION: Staff is recommending approval of a the installation of a temporary
structure for two offices at the Aspen Art Museum, 590 N. Mill Street, with the following
conditions:
I. The temporary use is valid from August 22, 2005 to August 22, 2006.
2. The applicant shall seek and receive any necessary building permits for the
installation of the temporary structure and be in compliance with all applicable
building, fire safety and utility codes. This shall include the installation of a ramp
to provide the necessary accessibility.
3. The applicant shall work with the Parks Department if any native vegetation is to
be removed and/or disturbed.
4. All material representations made in the application and in the hearing by the
applicant and the applicant's representative shall be considered conditions of
approval, unless amended by other conditions.
RECOMMENDED MOTION: "I move to approve the request for a temporary use permit for
the purpose of installing a temporary structure to house two offices for the Aspen Art
Museum at 590 N. Mill StreetJ:;5 August 22, 2005 to August 22,2006 with conditions
as noted in Resolution No. 05 Series of2005."
Attachments:
Exhibit A-Application
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RESOLUTION NO. foB
(Series of 2005)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
GRANTING A TEMPORARY USE PERMIT TO FOR THE INSTALLATION OF A
TEMPORARY STRUCTURE TO BE USED FOR OFFICES AT THE ASPEN ART
MUSEUM, 590 N. MILL STREET, ASPEN, COLORADO
Parcel ID 2735-073-00859
WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant,
the Aspen Art Museum, represented by Charles Cunniffe of Charles Cunniffe Architects has
submitted an application for a Temporary Use Permit to allow the temporary installation of a
temporary structure to house two (2) offices for the Aspen Art Museum located at 590 N. Mill
Street; and,
WHEREAS, the Applicant requests this use from August 22, 2005 to August 22, 2006;
and,
WHEREAS, Community Development reviewed the temporary use application and
recommends that the City Council approve the temporary use permit with conditions; and,
WHEREAS, City Council finds that the proposed temporary use is not inconsistent with
the character and existing land uses of the surrounding parcels and neighborhood and that
granting the temporary use permit will not adversely impact the neighborhood; and,
WHEREAS, City Council finds that granting the temporary use permit will further the
public interest and welfare in the Aspen area which is also consistent with the uses permitted in
the underlying zone district.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Section I
In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council ofthe
City of Aspen, Colorado, does hereby grant the Aspen Art Museum, a temporary use permit to
install a temporary structure to be used as two offices for the Aspen Art Museum with the
following conditions:
I. The temporary use is valid from August 8, 2005 to August 8, 2006.
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Resolution No. , Series of2ll-...r
Page 2
2. The applicant shall seek and receive any necessary building permits for the installation of
the construction trailer. This shall include the installation of a ramp to provide the
necessary accessibility.
3. The applicant shall work with the Parks Department if any native vegetation is to be
removed and/or disturbed.
4. All material representations made in the application and in the hearing by the applicant
and the applicant's representative shall be considered conditions of approval, unless
amended by other conditions.
APPROVED, August 22, 2005, at a public hearing before the City Council of the City of Aspen,
Colorado.
Helen Kalin Klanderud, Mayor
John Worcester, City Attorney
ATTEST:
Kathryn S. Koch, City Clerk
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~III CHARLES CUNNIFFE ARCHITECTS
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ARCHITECTURE
PLANNING
INTERIORS
Charles L. Cunniffe, AlA
Principal
Janver C. Derrington, AlA
Principal
June 21,2005
City of Aspen
Temporary Use Application
The Aspen Art Museum is applying for a temporary use permit for an office trailer. They would like to move two off-site
office personnel from the Red Brick School on site to the Existing Art Museum. The current building is not large enough to
accommodate the number of staff required on site.
We are proposing an 8 x 28 temporary office trailer on a minor leveling pad with electrical and telephone hook ups. We
are proposing to locate it adjacent to the North-west corner of the existing building. We feel that this location will have the
smallest amount of impact on the site.
We are also proposing a small gravel addition to the existing concrete parking lot to help offset the need for parking.
However, since the new relocated staff is already in the city (Red Brick Building) there shouldn't be any additional parking
required by the new staff members since they walk to work rather than commute.
Thank you for your consideration,
Sincerely,
610 EAST HYMAN AVE ASPEN, CO 81611 970.925.5590 fax: 970.925.5076 info(a)cunniffe.com www.cuniffe.com
ASPEN
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CARBONDALE
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STEAMBOAT SPRINGS
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ATTACHMENT 2-LAND USE APPLICATION
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APPLICANT:
Name: A~ AY2-T N.~BJtv'\
Location: ~D fJ. HIll.
(Indicate street address, lot & block number, legal description where appropriate)
ParcelID#(REQUIRED) 27:1.:,1 -()750-Qf369
REPRESENTATIVE: cHltr2.Le::> CVNI\! IFF!; AecH lIF ere...
Name: L2t-fA~--? Cl/f.JfJIPF6
Address: U 10 E: 1-1'-/ MAN
Phone #: '120 -'70"Qo
PROJECT: TB--1PO~ OfFlCF: "Tf?A\U~R
Name: ~f'aJ A'F?T N~/tJ\
Address: &40 t-J. \V\lu..
Phone#: '12.L7- S6E<)
TYPE OF APPLICA nON: (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 Review Appeal 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.)
E:':-')(\9:,TrN(-U ~I AR:.\ M,IA<SEUtJ\
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
I y{'i.zt?-i TE'Mpn~'1 dl:FlCE ~A\LER
H~ you attached the following?
o Pre-Application Conference Summary
D...Attachment #1, Signed Fee Agreement
o .Response to Attachment #3, Dimensional Requirements Form
~ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
FEES DUE: $
All plans that are larger than 8.S" x 11" must be folded and a floppy disk with an electronic copy of all written
text (Microsoft Word Format) must be submitted as part of the application.
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JUN.
6 2005
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\'--1>LANNER:
PROJECT:
REPRESENTATNE:
OWNER:
TYPE OF APPLICATION:
DESCRlPTION:
4: 14PM
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'"cOMMUNITY DEVELOPMENT
NO. 2267
p
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
James Lindt, 429-2763 DATE: 6/6/05
Art Museum Temporary Use
Charles Cunniffe
Art Museum Board
Temporary Use, GMQS Exempt Development for a Temporary Use
The perspective applicant would like to erect a modular bui Iding of approximately 225
square feet for 6 months to act as temporary office spaoes for two art museum employees
that will be relocated from the Red Brick Arts Building to help with coordinatiug expansion
plans to the Art Museum.
Land Use Code Section(s)
26.450
26.470.040(A)(B)
Review by:
Public Hearing:
Referral Agencies:
Planniug Fees:
Referral Agency Fees:
'--' Total Deposit:
Total Copies:
Temporary Use.
Exempt Development: Temporary Uses and Structures.
Staff for recommendation, Historic Preservation Officer (possibly the HPC) for referral
cmmnents since the site is designated to the Inventory of Historic Sites and Structures,
Development Review COllinittee (DRC) for technical considerations, City Council for final
'determination.
Yes, at City Council. Applicant must post property and mail notice at least 15 days prior to
hearing. Applicant will need 10 provide proof of posting and mailing with an affidavit at the
public hearings.
Engineering, Parks, Building Department
Planning Deposit. Minor ($1,320 for 6 hours of staff time)
Engineering Minor of $190
$1,510 (additional Staff Planner hours are billed at a mte of$220/hoor)
20 Copies of Application
To apply, submit the following information:
]. Total deposiI for review of the applicarion.
2. Proof of ownership_
3. Signed fee agreement.
4. Completed Land Use Application.
5. Applicant's name~ address and telepoono number in Rletter signed by the applicao[ which st<1.te-s the name, address and
1;~lephone number of the representative authorized to act on behalf of the applicant.
6. Street address and legal description of the parcel on which development is proposed to oCCUr. consisting ofa Cl1rrent
cel'tificute from a title insurance company, or attomey licensed to practice in the State of Colorado) li,sting the names of rrll
owners of the property, and all tnorrgages, judgments, liens, easements, contracts and agreements affecting the pared, and
demonstrating the owner's right to apply for the Development Application.
7. Proposed elev.tioIJ.'l.
8. Site Improvement Survey.
9. Proposed Site Platl.
10. Proposed C'rr.dWg Plan.
II. An 8 112" by 11" vicinity map locating the parcel within lhe City of Aspen.
12. A written description oftbe proposal and an explanation in 'written, graphic, or model form of how the propose.d developmem
complies willi the review .standards relevant to the de1.telopment application. Please include existing, conditions as well as
proposed
13" ApptieatioIJ.'l shall be provided in paper format (number of copies nOled above) as well as the text only on either of the
following dig'ital formats. Compa.ct Dh:k (CD)-preferredl Zip Disk or FloppY Disk. Microsoft Word fonnat is preferred.
Text fOlmat easily convertible to Word i.s .eceptable.
"----"" Disclaimer:
TIle foregojng summary is advisory in nature onl)' and is not binding on The City, The summar}' is based on current zoning) which is
subject to change in the future, ~d upon facnl<:U representations that mayor may not be accurate. Th~ summary docs not create a legal
or vested right.
/-
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
A2"reemenr for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and A-'7f'e/l'"\ A-v+ MLLSW V\1
(hereinafter APPLlCAJIT) AGREE AS FOLLO\VS:
I. APPLlCA...'-iT has submitted to CITY an application for
(hereinafter, THE PROJECT).
2. APPLICANT undersunds and agrees that City of Aspen Ordinance No. 57 (Series of 2000)
establishes a fee structure for Land Use applications and the payment of all processing fees isa condition precedent
to a determination of application completeness.
3. APPLIC~hIT and CITY a~'Tee 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 pa)'ITlent of an
initial deposit and to thereafter pennit additional. costs to be billed to APPLICJ\NT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. MPLICANT 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 t)1e greater certainty
of recovering its full costs to process APPLICJ\NT'S application.
4. CITY and .APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission andfor City Council to make legally required findings for project consideration, unJess current billings
are paid in full prior to decision.
5. Therefore, APPUCANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPUCANT shall pay an initial deposit in the
amount of $ l. G l 0 - which is for (p hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional mon1h1y billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00
per planner hour over the initial deposit. Such periodic payments shall be- made within 30 days of the billing date.
APPUCANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and
in no case will building pennits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN
APPLICANT
B)":
By:
D{)M UxLu-J
Chris Bendon
Community Development Director
Date:
Tog, :).00 S
Mailing-Address:
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ASPEN ART MUSEUM
. 590 N. Mill 51. Aspen CO 81611 tel. 970.925.8050 tax 970.925.8054 www.aspenartmsueum.org
July 8, 2005
City Council
City of Aspen
130 S. Galena
Aspen, CO 81611
Dear Aspen City Council Members;
As you know, the Aspen Art Museum is planning a building expansion sometime in the
near future. While we still have a lot of work to do before initiating a capital campaign,
we are in immediate need of additional office space. We have survived with our current
office space of 900 square feet by utilizing satellite office spaces and outsourcing
whenever possible. With the arrival of our new Director, we would like to bring all AAM
staff functions in house in order to maximize our efficiency. This will require thirteen
workspaces.
We considered several options to create additional office space without cannibalizing any
of our current exhibition space. Our options were limited due the historic status of the
museum and budget constraints. We believe our best solution is to utilize a modular
office on the museum grounds until we complete our building expansion.
Attached is our temporary use application for your consideration. Additionally, we would
like to request a waiver of the $1,510 application fee given that we are a non profit
organization located on City of Aspen property.
Benton construction has offered to donate a remodeled temporary construction office to
the museum. Consequently, your assistance in expediting the approval process will be
greatly appreciated.
If you have any questions regarding the application, please contact Jason Oldfather at
Charles Cunniffe Architects at 925-5590. Any questions regarding museum operations
should be directed to Dara Coder at the Aspen Art Museum at 925-8050.
We are very hopeful that you will give our request your favorable consideration.
Respectfully Submitted,
Dara Coder
Assistant Director for Finance and Administration
VICINITY MAP
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ASPEN ART MUSEUM
TEMPORARY USE
590 N.MILl STREET
ASPEN. COlORADO
CHARLES CUNNIFFE ARCHITECTS
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610 EAST KYMAN AVE' AWEN, CO 81611 . TELf: 97(;925-5590 . fAX: 9711'320-1557
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8/31/05
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CITY A'TTORHE'rs OFFICE
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City of Aspen, Colorado
130 South Galena Street
Aspen, Colorado 81611
SEP 0 '2 2005
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Attention: City Attorney
In accordance to section 9 of our lease with the City of Aspen please let this serve
as written notice of the Aspen Art Museums intention to commence improvements in
excess of $1 0,000.00 on museum grounds.
Attached is a copy an estimate provided by Crystal Construction which outlines
the proposed work on the museum's bridge located on Spring St. Currently, the bridge is
in a state of disrepair and is in dire need of revamping. A new bridge will provide us
with safer access.
0A
Heath Johnson
Facilities Manager
Aspen Art Museum
-
PROPOSAL
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ASPEN ARTS MUSEUM
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Job Address:
590 N. Mill Street
Aspen, Colorado 81611
Nicole Phone:
DESCRIPTION OF SERVICE:
1) Entire replacement of rear bridge/ramp:
Materials:
2 - 5x14x30 laminated gluelams
17 - 2x8 jolsls wlhangers (34)
10 - bolts/lag shields (tie-ins to existing concrete)
17 - 2x6x30'decklng & 2 - 2x6x30' handrails
Cost of materials:
Cost of labor (crane cost Included):
TOTAL:
..
" 2) Repair of existing rear bridge/ramp:
~Materials:
17 - 2x6x30 decking
10 - boltsllag shields (tie-ins to existing concrete)
2 - 5 3...ided metal caps to cover ends of rotted gluelam wood
Cost of materials:
Cost of labor:
TOTAL:
,
925-8050
$ 4,132.00
$ 9.332.00
$13,646.00
$1,145.00
$ 3.222.00
$ 4,365.00_
. Any work requested not on this proposal will be billed by time and material cost Rates available on request
PROPOSAL ACCEPTANCE
Crystal Construction Is pleased you have accepted our proposal. We require a 50% deposit to lock-in your work
schedule and 50% upon compllllion of your job. Your s'!l.nature below signifies acceptance of the proposal
above. Any outstanding balances shall be paid by the 10 of the month following compllllion of work. Past due
accounts will be subject to service charges of 1.5% per month, as well as attorney _ and filing costs.
NAME
SIGNATURE
DA TIE
1090 Valley Road. Carbondale, Colorado 81623 . 970.640.9600' 970.704.1999 Fax. crystalconstruction.net
,.....
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
AOO",,"OFPROmTY, 4-~ JilL J1!C/SeUuA
SCHEDULED PUBLIC HEAR;NG DATE: /~ 05
, Aspen, CO
,200_
STATE OF COLORADO )
) ss.
County of Pitkin )
I,~ j C~ /;-vI ct2 <:. L ('I/( C I/- (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
k Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior,to the public hearing. A copy of the publication is attached hereto.
_ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wi'&e
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
,200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
_ Mailing of notice. By the mailing of a notice obtained from the Community 1
Development Department, which contains the information described in Sectilpn
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to'the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
-.
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Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
. 1
jifiAAt.O!) ~ '/2. ell
Ignature
The foregoing "Affidavit of Notice" was acknowledged befpre m~ day
of-5'~ ' 20.0.5 by -::::s6. ~ I.-r
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: L/ /;;:J...3/~
PUBUC NOTICE
RE: TEMPORARY USE PERMIT REQUEST BY THE
ASPEN ART MUSEUM
NOTICE IS GIVEN that a public
hearing will be held 0 Monday, August 8, 2005,
at a meetlnll to begin 5;OOp.m.belorelheAs-
pen City CauDell, Co ell Chaml>ers, City Hall,
130 S. Galena St., As ,to consider an applica-
tion submitled by Charles CunnlffeArchitects, on
behalf of the Aspen Art Museum requesllng a
temporary use permit for the installation of a
I:onstructlon trailer for use a offices for the muse.
urn. The permit shall nOI exceed twelve (12)
months.
For further information, contact Sarah
Oates at the CI~I Aspen Community Develol>-
ment Department l:~O S. Galena St., Aspen, CO
970.429.2767, (or by emall at
saraho@cl.aspen. .us).
sJHelen KaI anderud, Mayor
Aspen City Council
Published In the Aspen TImes Weekly on July 24,
2005.(2905)
ATTACHMENTS:
COPY OF THE PUBLICATION
_ __ OGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 5 iON er..f1" tV\; II Sf .
SCHEDULED PUBLIC HEARING DATE: AV[jVSo -+ 2. 2-
, Aspen, CO
,200'5
STATE OF COLORADO )
) ss.
County of Pitkin )
I, ~ e.A~ To'" V'-c" ov. (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certiJy that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
. /~ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
r;J$ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted in a conspicuous place on
the subject property at least fifteen (15) days "prior to the public hearing and was
continuously visible from the 1- dayof ftv:'}ust- ,200-'2...., to and
including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
n .Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) ofthe Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class, postage
prepaid U.S. mail to all owners ofproperty within three hundred (300) feet of the
property subject to the development application, and, at least fifteen (15) days
prior to the public hearing, notice was hand delivered or mailed by first class
postage prepaid U.S. mail to any federal agency, state, county, municipal
government, school, service district or other governmental or quasi-governmental
agency that owns property within three hundred (300) feet of the property subject
to the development application. The names and addresses of property owners
shall be those on the current tax records of Pitkin County as they appeared no
more than sixty (60) days prior to the date of the public hearing. A copy of the
owners and governmental agencies so noticed is attached hereto.
c
:)
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
ofthis Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal ofthis Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of; and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
r;~
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this l1....1f:ttay
of flu.. r' k:\ t ' 200S, by f{(', ( I c,o.... /YI (>1/a.<=-...
WITNESS MY HAND AND OFFICIAL SEAL
M commission expires:
::JO'Z>
ATTACHMENTS:
"'"'.
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
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'''"''''I
Sunday, July 24, 2005. Aspen Times W......IJ Public Notice I 67
PUBUC NOTICE
Notice of Public Trustee's Sale
Public Trustee Sale No. 05-11
To Whom It May Concern"
Grantor: Mona Hayles Long Trust
OrIginal Beneficiary of Deed 01 Trust:
Pitkin County Bank & Trust ajkJa ''Vectra Bank
Colorado, National Association"
Current Owner 01 the Evidence of Debt secured
by the Deed of Trust:
Vectra Bank Colorado, National Association
Date of Deed of Trust: 5/4/1998
Recording Date 01 Deed 01 Trust: 5{27/1998
County of Recording: Pitkin
Reception No. 01 Recorded Deed 01 Trust:
417292
YOU ARE HEREBY NOTIFlED that the legal
owner of an Evidence of Debt dated 5/511998, in
the original principal amount 01 $300,000, which
Is secured by the Deed of Trust described above,
has filed a written Notice of ElectJon and Demand
lor Sale, as provided in sald Deed of Trust. The
outslandlngprlnCipal balance (exclusive of Inter-
est and any other charges properly allowable Un-
der the documenl(s) evidencing said debl) due
and owing upon the Evidence of Debt secured by
the above-descrlDed. Deed of Trust belng Fore-
closed was $164,405.96 as of6/21{05.
The followJntdeoibed property iI; aU of the
property encumbered by said Deed of Trust:
Townhouse Condominium Unit 18, Villa of Aspen
Townhouses, According to the Condominium
Map Thereof f1]ed October 24, 1972, In Plat Book
4atPage296andarnendedMay9,19M,lnPlat
Book 22 at Page 52, And September 22, 1997 In
P]al Book 43 al Page 65 and according to the Con-
dominium Declaration Recorded October 24,
1972. In Book 268 at Page 81, Amended May
9,1989, In Book 592 at Page 39, and April 26, 1994
In Book 748al Page 737.
Together With a with all exlsllng or subsequently
erected or affixed buildings, Improvements and
ilxtures,alleasements,rlghtsofwayandappurte-
nances, all water, water rights and ditch rights
(Indudlng slock In utilities with ditch or Irriga-
tion r1ghts) and all other rights, royalties, and
profits relating to the real property including
without limitation all minerals, 011, gas geother-
mal and similar matters, County of Pitkin, State of
Colorado.
The properly being loreclosed Is also known as:
100 North 8th St. Unit 18,Aspen, C081611
1lIE LIEN OF 11IE DEED OF TRUST BfJNG
FORECLOSfJ) MAY NOT BE A flRW LIEN.
nIEKEFORE, NanCE IS HEREBY GIVEN
that I shall, at 10:00 a.m. on September 7, 2005,
at: 506 E. AWn, A8pen, CO 81611, sell, at publlc
auction 10 the highest and best bidder for cash,
the property descrlDed above and al] Interest of
satdGrantor,thehelrs,successorsandasslgnsof
said Grantor, for the purpose 01 paying the In-
debtedness provided In said Evidence 01 Debt
and Deed 01 Trust, attorneys' lees, and the ex-
penses of sale, and shall dellver to the purchaser
at said sale a CertIfIcate 01 Purchase, all as pro-
vided by law and the terms of said Deed 01 Trust.
DATED this day of July 14, 2005.
Thomas Carl Oken, Public Trustee
County of Pitkin,
State of Colorado
By; Carol L. Foote
Deputy Public Trustee
First Publlcation Date: July 24,2005
LastPubllcatlonDate: August 21,2005
ATIORNEYS FOR CURRENT OWNER OF
EVIDENCE OF DEBT:
CASTOR & ASSOCIATES, P.C.
Attn.: Dennis E. Baker
743 Horizon Ct. SUIte 204
Grand Junction, CO 81506
(970)242-9012
Published In the Aspen TImes Weekly on July 24,
31, August 7,14,21,2005. (2880)
PUBUC NOTICE
RE: 990 GIBSON AVENUE- MAJOR HPC
PUBUC NOTICE
NOTICE OF PUBUC TRUSTEE SAlE
No. 05-10
WHEREAS, Douglas A. Michalowski, Gran-
tor(s), by deed of trust dated June 3,1999, and re-
corded June 29, 1999 as Reception No. 432788 in
the records of Pitkin County, Colorado. conveyed
to the Public Trustee in Pitkin County, the lollow-
Ing descrlbed real property In Pitkin County, to
wit:
Lot B, Ferguson Subdivision Exception and P.U.D.
Amendment Plat, According to the Plat Thereof,
Recorded Aprll 30, 1986 In Plat Book 18 at Page
66 as Reception No. 277623, County 01 Pitkin,
State 01 Colorado
Also known as street and number: 1230 East
Cooper Avenue, Aspen, Co]orado 81611
Saldreal property is al] ofthereaJ property
currently encumbered by the lien of the deed of
trust, however, property other than the real
property described above, Including, but not lIm-
ited to, personal property, also may be encum-
bered by the deed of trust. Satd deed of trustse-
cures a promlssory note of even date therewith
lor the original prlncipal amount 01 $164,250.00
payable to the order of WashIngton Mutual Bank,
FA on the terms set forth In sald note and deed of
trust; and
As Required By C.R.S. 24-70-109, We Hereby
Nollfy You That The Above Described Deed Of
Trusl BeIng Foreclosed "May Not Be A First Uen."
WHEREAS, EMC Mortgage Corporation, the
]egal holder 01 said note and deed of trust has
liIed written election and demand for saJe as pro--
vided In said deed of trust. The outstanding prin-
cipal balance due currently Is $154,345.70.
THEREFORE, notice hereby Is given that at
lO:ODo'c1ock In the forenoon of August 24, 2005,
at the Iront stairs 01 the Pitkin County Court-
house, 506 E. Maln, Aspen, Colorado, I will sell at
public auction the said real property and all In-
terest olsald Grantor, Grantor's heirs and/or suc-
cessors and assigns therein to the highest and
best bidder for cash lor the purpose of paying
the indebtedness provided In said note and deed
of trust, attorneys' fees, the expenses of sale and
all other charges allowed by law, and will deliver
to the purchaser(s) a certificate of purchase, all
as provided bylaw.
First Publication: July 10,2005
Last Publication: August 7, 2005
PUBliSHED IN: The Aspen Times
BERENBAUM, WFJNSI-UENK & EASON, P.C.
Charles A. Bewley
370 17th Street, Suite 4800
Denver, Colorado 80202-5698
303-825<11IOO
Loan No. 0002967404
Public Trustee ForPltkln County,
State Of Colorado
BY; Caro] L. Foote, Deputy Public Trustee
Dated:
July 5,2005
Pub]lshed In he Aspen TImes Weekly on July 10,
17,24,31,August 7,2005. (2851)
PUBUC NOTICE
RE: TEMPORARY USE PERMIT REQUFST BY mE
ASPEN ART MUSEUM
NOTICE IS HEREBY GIVEN that a public
hearing will be held on Monday, August 8, 2005,
at a meetlng to begin at 5:00 p.m. before the As-
pen ClIy Council, Council Chambers, City Hall,
130 S. Galena SI., Aspen, to consider an appllca-
tionsubmltted byCbarles Cunnllfe Architects, on
behalf of the Aspen Art Museum requesting a
tem(Klrary use permit for the Installation of a
construction trailer lor use a olrices lor the muse-
um. The permil shall not exceed twelve (12)
months.
For further information, contact Sarah
Oates at the City of A6pen Community Develo~
ment Department, 130 S. Galena St., Aspen, CO
970.429.2767, (or by emall at
saraho@cl.aspen.co.us).
slHelenKallnKlanderud,Mayor
Aspen City Council
Published In the Aspen Times Weekly on July 24,
PUBUC NOTICE
ORDINANCE NO. 33
(SERIES OF 2005)
AN ORDINANCE OF TIiE ASPEN CITY COUNCIL
APPROViNG A SUBDIVISION EXEMPTION FOR A
HISTORIC lANDMARK LOT SPilT AT 604 W.
MAIN STREET, LOTS Q, R. AND S, BLOCK 24 ClTI'
AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO
Parce]IDIt:2735-124-44-0OB
WHEREAS, the appllcant, 604 West LLC,
represented by Alan Richman Planning ServIces,
has requested a Hlstorlc Landmark Lot Spilt lor
the property located at 604W. MainStreet,l.ots
Q, R. and S, B]ock 24, City and Townsite 01 Aspen,
Colorado; and
WHEREAS, In order to complete a Hlstorlc
Landmark Lot Spilt, the appllcant shall meet the
following requirements of Aspen Municipal Code:
Section 26.480.030(A)(2) and (4), Sectlon
26.470.070(C), and Sectlon 26.415.01O(D.), which
areas follows:
26.480.030(A)(2), Subdivision Exemptions, Lot
Split
The split of a lot for the purpose of the develol>-
ment of one detached single-famlly dwelling on a
lot fonned by a lot split granted subsequent fo
November 14, 1977, where all of the 101l0wIng
condltlons are met:
a) The land Is not located In a subdivision ap-
proved by elther the Pitkin County Board 01
County Commissioners or the City Council, or the
land Is described as a metes and bounds parcel
which has not been subdivided after the adol>-
tlon of subdivision regulations by the City of As-
penon March 2-4, 1969; and
b) No more than two (2) lots are created by the
lot split, both lots confonn to the requfrements
of the underlying zone district. Any lot tor which
development ls proposed will mitigalefor aflord-
able housing pursuant to Section
26.100.040(A)(l)(c).
c) The lot under conslderatlon, or any part there-
of, was nol previously the subject of a subdivi-
sion exemption under the provisions 01 this chap-
ter or a ~lot split" exemption pursuant to Section
26.loo.040(C)(I)(a);and
d) A subdlviston plat which meets the terms 01
this chapter, and conforms to the'requtrements
of this title, Is submitted and recorded In the of-
f1ce 01 the Pitkin County clerk and recorder alter
approval, Indicating that no further subdivision
may be granted lor these lots norwlll additional
units be built without receipt 01 applicable appro-
vals pursuant to this chapter and gmwth man-
agement allocation pursuant to Chapter 26.100.
e) Recordation. The subdivision exemption
agreement and plal shall be recorded In the office
of the Pitkin County clerk and recorder. Fallure
on the part of the applicant to record the plat
within one hundred eighty (180) days following
approval by the City Council shall render the plat
invalid and reconsideration 01 the plat by the City
Council will be required for a showing of good
,,~.
t) In the case where an existing slnllle-lamlly
dwe!lingoccupies a slle which Is eligible for a lot
split, the dwelling need not be demolished prior
to application for a lot split.
g) Maximum potential bulldout for the two (2)
parcels created by a lot split shall not exceed
three (3) units, which may be composed 01 a du-
plexand a slngle-larnlly home; and
26.480.030(A)(4), Subdivision Exemptions, HIstor-
Ic Landmark Lot Spilt
The spill of a lot that Is listed on the Aspen lnven-
tory of Historic Landmark Sites and Structures
for the development 01 one new slngle-larnlly
dwelling may receive a subdivision exemptlon 1I
Itrneets the following standards:
a. The original parcel shal] be a minimum
of six thousand (6,000) square leet In size and be
located in the R~, R-15, R-lSA, RMF, or MU zone
district.
b. The total FAR for both residences shall
be established by the size of the parcel and the
zone district where the property Is located. The
total FAR lor each lot shall be noted on the Subdi-
vision Exemption Plat.
In the Mlxed Use zone dlstrlct, the following shall
apply to the calculation of maximum floor area
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ADRIANCE FRANKLIN III P
0155 LONE PINE RD #B7
ASPEN, CO 81611
BERG JESSICA J
JAY MATTHEW J
PO BOX 12333
ASPEN, CO 81612
BRADY SUSAN L
155 LONE PINE RD APT A7
ASPEN, CO 81611-1587
COULOMBE RICHARD
0155 LONE PINE RD UNIT B-8
ASPEN, CO 81611
DETURRIS MONICA
PO BOX 944
ASPEN, CO 81612
FARSON ELIZABETH L
PO BOX 10602
ASPEN, CO 81612
GINSBURG FRANCES
306 W 7TH ST STE 506
FORT WORTH, TX 76102
GUFFEY JAMES R
PO BOX2158
ASPEN, CO 81612
HEATH JESSE B JR & HETTA S
606 N SPRING ST
ASPEN, CO 81611
KIRSHEN VITASHKA
0155 LONE PINE RD A-5
ASPEN, CO 81611
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565 N MILL ST
ASPEN, CO 81611
BEYER ALAN R
410NMILLST #B11
ASPEN, CO 81611
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
CROWN LAURIE J
414 N MILL ST
ASPEN, CO 81611
ELLIOT BLAIR S
0155 LONE PINE RD A-11
ASPEN,CO 81611
GARWOOD JANET
PLETTS SARAH A AS JT TENANTS
PO BOX 3889
ASPEN, CO 81612
GODWIN GAYLE A
PO BOX 10776
ASPEN, CO 81612
GUILTINAN JOHN F JR & HELEN C
TRUSTEES
12 RUE DEAUVILLE
NEWPORT BEACH, CA 92660
HOROWITZ JAMES M
110 E HALLAM SUITE 104
ASPEN, CO 81611
KUBASIEWICZ E MICHAEL
PO BOX 10416
ASPEN, CO 81612
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BELL ANTHONY R
PO BOX 449
ASPEN, CO 81612
BLISSFUL LLC
60 E 42ND ST STE 1912
NEW YORK, NY 10165
COLORADO PROPERTIES LTD
CIO KLEIN & BARENBLAT
504 MILAM BUILDING
SAN ANTONIO, TX 78205
DALY GLENN A
DALY CAROL CENTER
0155 LONE PINE RD C-11 RIVER BLUFF
TH
ASPEN, CO 81611
ETHERIDGE MARY KATHERINE
PO BOX 1462
ASPEN, CO 81612
GINSBERG JEROME D
CIO LANSCO CORP
575 LEXINGTON AVE STE 1600
NEW YORK, NY 10022
GOLDSTEIN DEBRA
155 LONE PINE RD APT A18
ASPEN, CO 81611-3281
HANLE GREGORY L & CYNDY REID
0155 LONE PINE RD #A19
ASPEN, CO 81611
INGRAM PAULINE E
0155 LONE PINE RD A-3
ASPEN, CO 81611
LASSER JASON M
155 LONE PINE RD #A1
ASPEN, CO 81611-1537
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LIPSEY WILLIAM S
414 N MILL ST
ASPEN, CO 81611
MARTIN MICHAEL S
4150 IRVING PL
CULVER CITY, CA 90232-2812
MOCKLlN PETER & MONICA M
PO BOX 807
ASPEN, CO 81612
PARKS CAROL
200 NEWBURY ST
BOSTON, MA 02116
PHILLIPS DAVID C & ALEXANDRA M
PO BOX 11449
ASPEN, CO 81612
PLATEK PETER
0155 LONE PINE RD #A17
ASPEN,CO 81611
PUPPY SMITH LLC
205 S MILL ST SUITE 301A
ASPEN, CO 81611
SALYERS MICHAEL J
PO BOX 2853
ASPEN, CO 81612
SHERMAN RICHARD
155 LONE PINE RD #B3
ASPEN, CO 81611
STRAKA VIRGINIA C
0155 LONE PINE RD A-15
ASPEN, CO 81611
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CIO SHAMIE SAM MGR
26111 W 14 MILE RD #LL4
FRANKLIN, MI 48025
MARZIALE ANTONIO
CIO HEPTAGON CAPITAL MGMT
1300 POST OAK BLVD
HOUSTON, TX 77056
ONEILL MARIE D
2302 ST CHARLES AVE #3A
NEW ORLEANS, LA 70130
PEGOLOTTI DELLA J
VICKERY JACK H
PO BOX 2656
ASPEN, CO 81612
PITKIN COUNTY
530 E MAl N ST STE 302
ASPEN, CO 81611
PORTER BARRY GRAHAM
4229 EDMONDSON AVE
DALLAS, TX 75205-2701
REIDSCROFT PARTNERSHIP
PO BOX 10443
ASPEN, CO 81612
SAUER RICHARD L
0155 LONE PINE RD #A-10
ASPEN, CO 81611
SMITH DIANE
0155 LONE PINE RD #A17
ASPEN, CO 81611
TEAGUE HENRY B
412NMILLST
ASPEN, CO 81611
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MACDONALD SHIRLEY M & PAUL V
0155 LONE PINE RD A-2
ASPEN,CO 81611
MILL STREET VENTURE LLC
PO BOX 1112
CRESTED BUTTE, CO 81224
ORTEGA G RICHARD
414 N MILL ST
ASPEN, CO 81611
PEMBER SARAH P & WILLIS
PO BOX 8073
ASPEN, CO 81612
PITT MURRAY C
2000 TOWNCENTER STE 1350
SOUTHFIELD, MI 48075
PULLlS JONATHAN & REBEKAH
0155 LONE PINE RD #14
ASPEN, CO 81611
ROARING FORK VENTURES LLC
POBOX 2949
ASPEN, CO 81612
SCHULTZ RESIDENCE TRUST
3849 PASEO DEL CAMPO
PALOS VERDES ESTATES, CA 90274
STEVENS TIMOTHY 1/2 INT
PO BOX 9471
ASPEN, CO 81612
THOMAS KELLl1/21NT
PO BOX 9471
ASPEN, CO 81612
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991 ISLAND PARK DR
MEMPHIS, TN 38103
WIENER WILLIAM B JR
333 TEXAS ST #2375
SHREVEPORT, LA 71101
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CITY OF ASPEN
.
City Attorney's Office
130 South Galena
Aspen, Colorado 81611
(303) 920-5055
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MEMORANDUM
TO:
Mayor and Members of Council V
John P. worceste~ ~
March 16, 1993
FROM:
DATE:
RE:
Resolution Approving Aspen Art Museum Lease
Attached for your consideration is a resolution approving a lease agreement between the City
of Aspen and the Aspen Art Museum for the city owned building and surrounding area currently
occupied by the Art Museum.
As part of the franchise agreement entered into with the Holy Cross Electric Association in
1977, the City of Aspen received title to the "Holy Cross Electric Building" on North Mill Street
and will receive title to the surrounding land in June, 1997. Until that time the City has a right
to occupy the land and sublease such portions of it as it desires. In 1980, the City leased to the
Art Museum the building it currently occupies and a small portion of the surrounding area. That
lease was scheduled to terminate on May 31, 1999. This last Fall the Art Museum indicated that
it wanted to create a spawning habitat for fish by improving the ditch and pond on land that was
not part of their lease with the City. The Art Museum received permission from Holy Cross to
make the improvements upon their land and initiated the discussions with the City which led to
the attached lease agreement.
The attached lease agreement proposes to lease to the Art Museum the building and all the
surrounding land that the City will receive in 1997. The initial term of the lease terminates on
May 31, 1999, but grants to the Art Museum three renewal options of ten (10) years each (for
a total of 30 years).
The last part of Section 7 entitled "Utilities" contains a provision that the City will continue to
plow snow from the driveway entrance and parking lot at no expense to the Art Museum. This
is a service currently provided by the City to the Art Museum. The new lease agreement.
commits the City to continue this support unless it can no longer "financially afford" to do so.
Section 17 entitled "Water Rights" was added on the advice of our water counsel to protect a
pre-existing City right to 0.3 cfs of water diverted from the Roaring Fork River to feed the old
1
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ditch and pond.
Section 18 entitled "Public Trails" was added to ensure that the Parks Department would be able
to construct the additional trails it currently plans for that area.
REOUESTED ACTION: Approve Resolution ! 10 , Series of 1993, approving the lease between
the City of Aspen and the Aspen Art Museum and authorizing the Mayor to 'execute the same
on behalf of the City.
xc: City Manager
museum.mem
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RESOLUTION NO. &
Series of 1992
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE ASPEN ART
MUSEUM AND THE CITY OF ASPEN, COLORADO, FOR THE LEASE OF THE ART
MUSEUM BUILDING AND SURROUNDING LAND, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID LEASE AGREEMENT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been ~ubmitted to the City Council a lease agreement between the
Aspen Art Museum and the City of Aspen, a true and accurate copy of which is attached hereto
as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
That the City Council of the City of Aspen hereby approves that lease agreement between
the City of Aspen and the Aspen Art Museum, a copy of which is annexed hereto and .
incorporated herein, and does hereby authorize the Mayor to execute said lease agreement on
behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the ~J. day of lhtVt- ~ , 1993.
CfL c;, I>~
John S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing
is a true ar.d accurate copy of that resolution adopted by the City Council of the City of Aspen,
,
Co).btado, ala meeting held on the day hereinabove stated.
'. \
Kath
museum.l"eS
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LEASE AGREEMENT
THIS LEASE AGREEMENT is made and executed on 517t2A~ :2:2..-- ,1993,
by and between the CITY OF ASPEN, Colorado, a home rule municipal corporation (hereinafter
referred to as the "City"), and the ASPEN ART MUSEUM, a not-for-profit organization
incorporated under the laws of the State of Colorado, (hereinafter referred to as the "Art
Museum").
WIT N E SSE T H:
WHEREAS, the City is the owner of that certain building commonly referred to as the
Aspen Art Museum and formerly known as the Holy Cross Electric building located at North
Mill Street, Aspen, Colorado, (hereinafter referred to as the "Art Museum Building"); and
WHEREAS, pursuant to that Agreement between the City and Holy Cross Electric
Association, Inc. dated June 3, 1977, the City has an equitable interest in the property
commonly referred to as the Art Museum property and formerly known as the Holy Cross
Electric building property, upon which the Aspen Art Museum is situated, and more particularly
described in Exhibit" Anand illus:rated in Exhibit "B", said exhibits attached hereto and made
a part hereof by reference, (hereinafter referred to as the" Art Museum Land"); and
WHEREAS, the City will receive title to said Art Museum Land in fee by warranty deed
from Holy Cross Electric Association, Inc. on June 3, 1997, provided all terms and conditions
of said Agreement between the City and Holy Cross Electric Association, Inc. are complied with
by the City; and
WHEREAS, the City has leased said Art Museum Building and a small portion of the
Art Museum Land to the Art Museum by virtue of that certain Lease Agreement dated March
10, 1980; and
WHEREAS, the Art Museum desires to create a spawning habitat for fish by improving
the ditch and pond currently upon the Art Museum Land; and
WHEREAS, the Art Museum has obtained written authorization from Holy Cross Electric
Association, Inc. to construct a spawning habitat pond on the Art Museum Land; and
WHEREAS, the Art Museum has received Water Rights with the District Court, Water
Division No.5 (Case No. 92CWI95)in the amount of 3 cfs of water from the Roaring Fork
River for use in the spawning habitat pond; and
WHEREAS, the City owns a right to appropriate .3 cfs of water for the existing ditch
and pond which is a superior water right to that sought by the Art Museum and the City desires
to protect that right; and
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WHEREAS, the City desires to authorize the Art Museum to construct, operate, and
maintain a spawning habitat pond and a ditch or stream upon the Art Museum Land; and
WHEREAS, the parties desire to enter into a new lease for all purposes which shall
supersede the prior lease.
NOW, THEREFORE, in consideration of the mutual covenants, agreements, representa-
tions and warranties herein contained, the parties hereto agree as follows:
I. Demise and Descriotion.
The City leases to the Art Museum, for the purpose of conducting that lawful
activity as hereinafter described and for no other purpose, that certain real property referred to
above as the Art Museum Land and Art Museum Building (hereinafter referred to collectively
as the "Leased Premises"), situate in the City of Aspen, County of Pitkin, State of Colorado,
and more particularly described in the schedule attached hereto as Exhibit ~' A" and made a part
hereof. It is the intent of the parties that this Lease Agreement shall supersede all the terms and
conditions of that certain lease dated March 10, 1980.
2. Representation by the Parties.
(a) The City hereby represents that the Art Museum Building is owned by the City
in fee, subject only to restrictions established by the general planning and zoning code of the
City of Aspen, Colorado, and any state of facts which an accurate surveyor physical inspection
would show. The City further represents that thi: Art Museum Land is owned by the Holy Cross
Electric Association, Inc. in fee and the City has an equitable interest in the property as
previously described above.
(b) The City hereby covenants, subject to the terms and conditions herein
provided, that the Art Museum shall have the sole, peaceable and uninterrupted use and
occupancy of the Art Museum Land and Building during the term of this Lease, for so long as
the Art Museum performs all covenants herein agreed to be performed by the Art Museum.
(c) The Art Museum hereby represents that it is a not-for-profit organization
incorporated under the laws of the State of Colorado, that it is operated exclusively for charitable
purposes as those terms are defined by Article X, Section 5 of the Colorado Constitution; and,
that it has received tax exempt status from the Internal Revenue Service pursuant to Section
501(c)(3) of the IRS Code.
3. Construction of Improvements.
(a) The Art Museum has, or shortly will hereafter, construct and operate on the
Leased Premises a spawning habitat, together with onsite improvements, at no cost to the City
in accordance with plans, specifications, and detailed description of the work which has been
approved by the U.S. Army Corp of Engineers, the Colorado Division of Wildlife and City of
Aspen Planning and Zoning Commission. Said plans and specifications are made a part hereof
as if fully set forth here.
2
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4. Term.
Subject to the Art Museum's satisfactory adherence to all of the terms and
conditions herein, the term of this Lease Agreement shall terminate at midnight, May 31, 1999.
the Art Museum shall have the option at the end of the initial term for an additional lease term
of ten (10) years. Thereafter the Art Museum shall have two additional options to renew for ten
(10) additional years each. The lease terms described herein are subject to the Events of Default
provisions set forth herein. The renewal terms shall be renewed automatically unless the Art
Museum provides written notice, six (6) months prior to the end of the term, that it does not
intend to renew its option.
5. Rent.
(a) The Art Museum shall pay the City as rent for the Leased Premises an annual
basic rent of Ten Dollars ($10.00) to be paid on the anniversary date of the Lease for each year
of the lease term.
(b) Except as otherwise provided herein, the rent provided for in this Lease shall
not include expenses or charges with respect to the Leased Premises, including maintenance,
repairs, costs of construction and replacement of buildings, insurance, utilities, taxes and
assessments now or hereafter imposed upon or related to the Leased Premises. Lessee shall bear
and pay for all such charges.
6. Use of Leased Premises.
(a) The Leased Premises shall be used exclusively by the Art Museum for the
purpose of operating a publicly accessible visual arts center, for all related purposes, and
spawning habitat all in accordance with its Articles of Incorporation and for no other purpose.
The Leased Premises shall be used exclusively by the Art Museum for public benefit and
enjoyment.
(b) The Art Museum shall not use, or permit the Leased Premises, or any part
thereof, to be used for any purpose or purposes other than the purpose or purposes for which
the Leased Premises are hereby leased; and no use shall be made or permitted to be made of the
Leased Premises, or acts done, which will cause a cancellation of any insurance policy covering
the building located on the premises, or any part thereof, nor shall Lessee sell, or permit to be
kept, used, or' sold, in or about the Leased Premises, any article which may be prohibited by
the standard form of fire insurance policies. Lessee shall, at its sole cost, comply with all
requirements of any insurance organization or company necessary for the maintenance of insur-
ance covering any building and appurtenances at any time located on the Leased Premises.
(c) The Art Museum agrees to comply with all present and future federal, state
and municipal laws, rules and regulations in its use and occupancy of the Leased Premises.'
(d) The Art Museum shall not sell, convey, assign, transfer, sublease, pledge,
surrender or otherwise encumber or dispose of this Lease, the Art Museum Building, or any
interest or estate created herein, without the written permission of the City.
(e) The Art Museum shall not commit, or suffer to be committed, any waste on
the Leased Premises, or any nuisance.
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(f) The Art Museum shall not erect, install, operate nor cause nor permit to be
erected, installed or operated in or upon the Leased Premises any temporary or special event
sign(s) or other advertising device without having obtained the written consent of the City
Manager for the City. Such consent shall not be unreasonably withheld.
(g) The Art Museum shall not permit any other person, persons, company,
corporation, or organization not related to the Art Museum's normal activities to occupy or use
the Leased Premises for a period of time in excess of two (2) consecutive weeks without the
express written consent of the City.
7. Utilities.
The Art Museum shall fully and promptly pay for all water, gas, heat, light,
power, telephone service, garbage removal, cable television, and other public utilities of every
kind furnished to the Leased Premises throughout the term hereof, and all other costs and
expenses of every kind whatsoever of or in connection with the use, operation, and maintenance
of the premises and all activities conducted thereon, and the City shall have no responsibility of
any kind for any thereof. The City agrees to continue to plow snow from the driveway entrance
and parking lot at no expense to the Art Museum until such time as the City determines, in
accordance with the standards set forth hereafter, that it can no longer financially provide this
service. The City shall apply reasonable and customary business standards to determine whether
or not it can financially afford to continue the snow removal at no cost to the Art Museum. The
City shall take into account all of its budgeting concerns recognizing the history of the Art
Museum as a valuable cultural asset to the community. A decision to terminate shall not be
arbitrarily made and shall be supported by credible information.
8. Taxes. Other Governmental Chare:es and Utilitv Chare:es.
(a) The parties contemplate that the Leased Premises will be used strictly for charitable
purposes and, therefore, that the Leased Premises will be exempt from all taxes assessed and
levied with respect to real property. In the event that the use, possession, construction or
equipping of the Leased Premises is found to be subject to taxation in any form, the Art
Museum shall pay same as they respectively come due; provided that, with respect to any
governmental charges that may lawfully be paid in installments over a period of years, the Art
Museum shall be obligated to pay only such installments as have accrued during any individual
term of the lease.
(b) The Art Museum may at its expense and in good faith contest any taxes, assessments,
and other charges and, in the event of any such contest, may permit the taxes, assessments, or
other charges so contested to remain unpaid during the period of such contest and an appeal
therefrom unless the City shall notify the Art Museum that, in the opinion of the City Attorney,
by nonpayment of any such items the title will be materially endangered or the Leased Premises
or any portion thereof will be subJect to loss or forfeiture, or the City will be subject to liability,
in which event such taxes, assessments, utility or other charges shall be paid forthwith;
provided, however, that such payment shall not constitute a waiver of the right to continue to
contest such taxes, assessments, utility or other charges.
4
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9. Alterations.
(a) The Art Museum may at its own expense make reasonable and necessary
alterations or improvements to the Art Museum Building. 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. The Art Museum shall give the City written notice no less than thirty (30)
days in advance of the commencement of any construction, alteration, addition, improvement,
or repair estimated to cost in excess of Ten Thousand Dollars ($10,000.00).
(b) The Art Museum agrees that prior to any construction or installation of
alterations, additions or improvements, the Art Museum shall post in a conspicuous place within
or on the Art Museum Building a notice of non-liability for mechanic's lien as specified at
Section 38-22-105, C.R.S. on behalf of the City and shall notify the City of such posting and
the exact location of the same. Perfection of a mechanic's lien against the Leased Premises or
the Art Museum Building as a result of the Art Museum's acts or omissions may be treated by
the City as a material breach of this Lease.
10. Liens..
(a) The Art Museum shall keep all of the Leased Premises and every part
thereof and all buildings and other improvements at any time located thereon free and clear of
any and all mechanics', materialmen's and other liens for or arising out of or in connection with
work or labor done, services performed, or materials or appliances used or furnished for or in
connection with any operations of the Art Museum, any alteration, improvement, or repair or
addition which the Art Museum may make or permit or cause to be made, or any work or
construction, by, for, or permitted by the Art Museum on or about the premises, or any
obligations of any kind incurred by the Art Museum, and, subject to paragraph (b) hereof, at
all times promptly and fully to pay and discharge any and all claims on which any such lien may
or could be based, and to indemnify the City and all of the premises and all buildings and
improvements thereon against all such liens and claims of liens and suits or other proceedings
pertaining thereto.
(b) If the Art Museum desires to contest any such lien, it shall notify the City
of its intention to do so within ninety (90) days after the filing of such lien. In such case, and
provided that the Art Museum shall on demand protect the City by a good and sufficient surety
bond, or such other security that is deemed adequate by the City, against any such lien and any
cost, liability, or damage arising out of such contest, the Art Museum shall not be in default
hereunder until thirty (30) days after the final determination of the validity thereof, within which
time the Art Museum shall satisfy and discharge such lien to the extent held valid; but the
satisfaction and discharge of any such lien shall not, in any case, be delayed until execution is
had on any judgment rendered thereon, and such delay shall be a default of the Art Museum
hereunder. In the event of any such contest, the Art Museum shall protect and indemnify the
City against all loss, expense, and damage resulting therefrom.
11. Maintenance.
(a) The Art Museum shall, throughout the term of this lease without any
'-.. expense to the City, keep and maintain the premises, including all buildings and improvements
of every kind which may be a part thereof, and all appurtenances thereto, in good sanitary, and
5
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neat arder, canditian and repair. The City shall nat be abligated to. make any repairs,
replacements, ar renewals af any kind, nature ar descriptian whatsaever to. the Leased Premises
or any buildings ar impravements therean.
(b) The Art Museum shall, at its awn expense, keep and maintain all entrances
to. the Leased Premises in a clean and orderly canditian, free af dirt, rubbish, unlawful
abstructians, snaw, and ice.
(c) The Art Museum shall, at its awn expense, keep and maintain all
landscaping adjacent to. the Leased Premises in a well groamed and arderly conditian, free af
rubbish and unlawful abstructians.
(d) The Art Museum shall, at its awn expense, keep and maintain the ditch,
spawning pand, diversianary structures, headgates, pumps, flaw measuring devices and ather
fixtures and appurtenances assaciated with the spawning pand in gaad aperating canditian.
12. Access to. Premises.
Upan at least twenty faur (24) haurs priar natice, except in cases af emergency,
the Art Museum shall permit the City ar its agents and emplayees to. enter the Leased Premises
at all reasanable haurs to. inspect the Leased Premises ar make repairs that the Art Museum
may neglect ar refuse to. make in accardance with the pravisians af this Lease. Before entering
the Leased Premises to. make repairs, the City shall give the Art Museum natice and a
reasanable periad af time to. make necessary repairs.
13. Indemnificatian af the City.
The City shall nat be liable far any lass, injury, death, ar damage to. persans ar
praperty which at any time may be suffered ar sustained by the Art Museum ar by any persan
whasaever may at any time be using ar accupying ar visiting the Leased Premises ar be in, on,
ar abaut the same, whether such lass, injury, death, ar damage shall be caused by ar in any way
result from ar arise aut af any act, amissian, or negligence af the Art Museum ar af any
accupant, visitar, ar user af any partian af the Leased Premises, ar shall result from ar be
caused by any other matter ar thing whether af the same kind as ar af a different kind than the
matters ar things abave set farth, and the Art Museum shall indemnify the City against all
claims, liability, lass, ar damage whatsaever an accaunt af any such lass, injury, death, ar
damage. The Art Museum hereby waives all claims against the City far damages to. the building
and impravements that are naw ar hereafter placed or built an the demised premises and to. the
property af the Art Museum in, an, ar abaut the Leased Premises, and far injuries.ta persans
or praperty in ar abaut the Leased Premises, from any cause arising at any time. The last two
preceding sentences shall nat apply to. lass, injury, death, ar damage arising by reasan of the
negligence ar misconduct af Lessars, its agents, ar emplayees, subject to. thase terms, canditians
and limitatians as contained in the Calarado. Gavernmental Immunity Act, Sectian 24-10-10 1,
et seq.
14. Pravisians Reearding Insurance.
(a) At its awn expense the Art Museum shall carry and maintain casualty and
property damage insurance sufficient to. protect the full replacement value af the Leased Premises
and all can tents thereaf (including all warks af art); and
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(b) At its own expense the Art Museum shall carry and maintain comprehen-
sive general public liability insurance against all direct or contingent loss or liability for property
damage, personal injury or death occasioned by reason of the operation, control or construction
upon the Leased Premises, of not less than those specified by Section 24-10-114, C.R.S., as may
be amended from time to time, naming the City as additional or co-insureds. The Art Museum
shall maintain said coverage in full force and effect during the term of this Lease.
(c) The Art Museum shall furnish the City with a copy of all required
insurance policies or certificates evidencing such required coverage. All insurance policies
maintained pursuant to this agreement shall contain the following endorsement:
It is hereby understood and agreed that this insurance policy may not be canceled
by the surety until thirty (30) days after receipt by the City of Aspen, by regis-
tered mail, of a written notice of such intention to cancel or not to renew.
(d) In the event full insurance coverage required by this Lease is not
maintained as provided for herein, the City may, but shall be under no obligation to, purchase
the required policies of insurance and pay the premiums necessary and provide for payment
thereof and all amounts so advanced therefor by the City, if any, shall be added to the rent due
from the Art Museum.
15. Damae:e or Destruction.
If prior to the termination of this Lease the Leased Premises or any portion
thereof are destroyed, in whole or in part, or are damaged by fire or other casualty, the parties
shall cause the Net Proceeds of any insurance claim to be applied to the prompt repair, restora-
tion, modification, replacement or improvement of the Leased Premises. Any balance of the Net
Proceeds remaining after such work has been completed shall be paid to the Art Museum. If Net
Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or
improvements, referred to hereinabove, the Art Museum shall complete the work and pay any
cost in excess of the amount of the Net Proceeds, in which case the Art Museum shall not be
entitled to any reimbursement therefor from the City. Notwithstanding the foregoing, the parties
may agree to other application of such Net Proceeds.
16. 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 the City, for
public use, 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 Art Museum shall not be entitled to any
part of the condemnation proceeds, if any, for the value of the unexpired term of this lease or
for any other estate or interest in the .Leased Premises, such amount belonging entirely to the
City.
17. Water Ri~hts.
(a) The Art Museum shall take no actions that would constitute an abandonment
of any water rights associated with the Art Museum Land and hereby agrees to cooperate in the
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opposition of any attempt by the State of Colorado Water Engineer to have said rights declared
abandoned.
(b) The Art Museum hereby agrees that the first .3 cfs of water diverted for the
ditch and spawning pond constitute water diverted from the Roaring Fork River in accordance
with water rights associated with the Electric - Art Park, Basin Rank 4727 and not part of the
3 cfs for which an application has been filed by the Art Museum in the District Court, Water
Division No.5.
(c) The Art Museum agrees that upon termination of this Lease or abandonment
of the Leased Premises, all diversion structures, headgates, water 'rights, pumps, flow metering
devices and other fixtures and appurtenances associated with the spawning pond shall become
the property of the City.
18. Public Trails. The City, in cooperation with others, has placed a trail across the Leased
Premises for public use. It is understood that the City may be interested in establishing other
trails across the Leased Premises as well. The City hereby agrees to keep the Art Museum
informed of its plans to construct such trails over the Leased Premises and to seek the advice
and input of the Art Museum staff prior to the design, location or construction of any additional
trails over the Leased Premises. The City further agrees to make all reasonable efforts to design,
locate and construct any future trails over the Leased Premises so as to minimize any adverse
impacts upon the Art Museum's use of the Leased Premises. Notwithstanding any other
provision to the contrary, the Art Museum acknowledges and hereby agrees that the City may,
in its sole discretion, design, locate and construct additional trails over the Leased Premises as
it determines is in the best interests of the City.
19. Abandonment of Premises
The Art Museum shall not vacate or abandon the Leased Premises at any time
during the term hereof; if the Art Museum shall abandon or surrender the Leased Premises, or
be dispossessed by process of law, or otherwise, any personal property belonging to the Art
Museum and left on the Leased Premises shall be deemed to be abandoned at the option of the
City, except such property as may be encumbered to the City.
20. Events of Default Defined.
The following shall be "Events of Default" under this Lease and the terms "event
of default" and "default" shall mean, whenever they are used in this Lease, anyone or more of
the following events:
(a) Failure by the Art Museum to pay any rent or other payment required to be
paid herein at the time specified; or,
(b) Failure to use the Leased Premises for a period of sixty (60) consecutive days
for the purpose or purposes set forth in the Use of Leased Premises provisions of this Lease;
provided, however, that time spent for the purpose of maintenance, remodeling, or repairs to
the Leased Premises and/or for events beyond the control of the Art Museum shall not be
counted; or,
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(c) Failure by the Art Museum to observe and perform any covenant, condition
or agreement on its part to be observed or performed, unless the City agrees in writing to an
extension of time or waiver prior to its expiration; or,
(d) The Art Museum's interest in this Lease or any part hereof is assigned or
transferred without the written consent of the City, except as provided herein, either voluntarily
or by operation of law or otherwise; or,
(e) A proceeding under the United States Bankruptcy Code or any federal or state
bankruptcy, insolvency, or similar law, or any law providing for the appointment of a receiver,
liquidator, trustee or similar official for the Art Museum, or of all or substantially all of its
assets, is instituted without its consent and is not permanently stayed or dismissed within sixty
(60) days, or if the Art Museum offers to the Art Museum's creditors to effect an extension of
time to pay the Art Museum's debts or asks, seeks or prays for a reorganization or to effect a
plan of reorganization, or for readjustment of the Art Museum's debts, or if the Art Museum
shall make a general or any assignment for the benefit of the Art Museum's creditors; or,
(g) The Art Museum abandons or vacates any part of the Leased Premises.
21. Remedies on Default.
Whenever any Event of Default shall have happened and be continuing, the City
shall have the right, at its sole option and discretion, to notify the Art Museum of the Event of
Default and require the Art Museum to cure the Event of Default within thirty (30) days of the
receipt of written notice of the default or suffer termination of the Lease and the Remedies of
Default as provided herein. If the Art Museum fails to cure, or it is impossible to cure, the City
may declare the Lease terminated. If there is an issue as to whether or not the claimed default
is a default and if so, if it has been cured, then the City must institute legal proceedings in
accordance with Colorado law in order to attempt to terminate this lease.
22. No Remedy Exclusive.
No remedy herein conferred upon or reserved to the City is intended to be
exclusive and every such remedy shall be cumulative and shall be in addition to every other
remedy given under this Lease or now or hereafter existing at law or in equity. No delay or
omission hereunder shall impair any such right or power or shall be construed to be a waiver
thereof, but any such right and power may be exercised from time to time and as often as may
be deemed expedient.
23. Non-Discrimination.
The parties hereto agree to comply with all laws, ordinances, rules and regulations
that may pertain or apply to the Leased Premises and its use. In performing under this Lease,
the Art Museum shall not discriminate against any worker, employee or job applicant, or any
member of the public, because ofrace,: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. .
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24. Attorneys' Fees.
If any action at law or in equity shall be brought to recover any rent under this
lease, or for or on account of any breach of, or to enforce or interpret any of the covenants,
terms, or conditions of this Lease, or for the recovery of the possession of the Leased Premises,
the prevailing party shall be entitled to recover from the other party as part of the prevailing
party's costs reasonable attorney's fees, the amount of which shall be fixed by the court and
shall be made a part of any judgment or decree rendered.
25. Notices.
All notices, certificates or other communications hereunder shall be sufficiently
given and shall be deemed given when delivered or mailed by certified mail, postage prepaid,
addressed as follows:
If to the Art Museum:
Aspen Art Museum
590 North Mill Street
Aspen, Colorado 81611
Attention: Director
If to City:
City of Aspen, Colorado
130 South Galena Street
Aspen, Colorado 81611
Attention: City Manager
With a copy to:
City Attorney
130 South Galena Street
Aspen, Colorado 81611
26. Binding Effect.
This Lease shall inure to the benefit of and shall be binding upon the City and the
Art Museum and their respective successors and assigns.
27. Severability.
In the event any provision of this Lease shall be held invalid or unenforceable by
any court of competent jurisdiction, such holding shall not invalidate or render unenforceable
any other provision hereof.
28. Amendments.
The terms of this Lease shall not be waived, altered, modified, supplemented or
amended in any manner whatsoever except by wriUen instrument signed by the City and the Art
Museum.
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29. Execution in Counterparts.
This Lease shall be executed in three counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
30. Applicable Law.
This Lease shall be governed by and construed in accordance with the laws of the
State of Colorado.
31. Captions.
The captions or headings in this Lease are for convenience of reference only and
in no way define, limit or describe the scope or intent of any provision or sections of this lease.
32. Waiver.
The waiver by the City of, or failure of the City to take action with respect to any
breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver
of such term, covenant, or condition, or subsequent breach of the same, or any other term,
covenant, or condition therein contained. The subsequent acceptance of rent by the City or the
acknowledgment by the City of the Art Museum's exercise of an option to renew the term of
the Lease as provided herein shall not be deemed to be a waiver of any preceding breach by the
Art Museum of any term, covenant, or condition of this Lease, regardless of the City's
knowledge of such preceding breach.
33. Entire Agreement.
This Lease constitutes the entire agreement between the City and the Art Museum.
No waiver, consent, modification or change of terms of this Lease shall bind either party unless
in writing signed by both parties, and then such waiver, consent, modification or change shall
be effective only in the specific instance and for the specific purpose given. There are no
understandings, agreements, representations or warranties, express or implied, not specified
herein regarding this .Lease or the Leased Premises leased hereunder.
34. Further Assurances.
The parties further agree to execute and deliver such additional documents and
agreements as necessary to carry out the intent of this Lease.
35. No Third Party Beneficiaries.
This Lease is not intended to create any right in or for the public, or any member
of the public, including any subcontractor, supplier or any other third party, or to authorize
anyone not a party to this Lease to maintain a suit to enforce or take advantage of its terms.
The duties, obligations and responsibilities of the parties to this Lease with respect to third
parties shall remain as imposed by law.
IN WITNESS WHEREOF, the City has executed this Lease in its name with its seal hereunder
affixed and attested by their duly authorized officers, and the Art Museum has caused this Lease
to be executed in its name and attested by its duly authorized officer. All of the above occurred
as of the date first written above.
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CITY OF ASPEN, COLORADO:
BY. ~ -5 (5~
John S. Bennett, Mayor
A TIEST:
~.I~
Kathryn s. , City"Clerk
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this30 day Of~ 79 ~
by JOnY1. ~ . ~Vl neit ,.orJ .
j(c}fu~'f\ S. ~
WITNESS n\.y hand and official seal.
~~,(l~
My Commission expires: dl /" /116
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ASPEN ART MUSEUM:
/:;j~M?::W7
By (/~L .. rLI'~, )
~ -
Title: r8 1:"A..f~ AA:{ OJ !kl~A; '6 'T ~
WITNESS:
0. .: /1 ., .- . . C. :.
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STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this It. .Ji'.day of f}14AcA, //'/'/1
by 7?oB&~7f7 f}1./..EJIl
WITNESS my hand and official seal.
6.~a ~~~a-...J
Notary Public
My Commission expires: Dc-J.ob&R.;l.;l, 1'191
artmuseu.lse
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EXHIBIT A
A tract of land situated in the NE 1/4 SW 1/4 and the NW 1/4 SW
1/4 of section 7, T. 10 S., R. 84 W. of the 6th principal Meridi-
an, Pitkin county, Colorado. Being more fully described as
follows:
Beginning at a point on the Northeasterly line of land described
in Deed to the Roaring Fork Electric Light and Power Co., record-
ed November 20, 1889, in Book 61 at Page 185, said point bears
South 45034'57" West 1507.97 feet from the center of said Section
7; thence South 00016'00" East 25.24 feet to a point on the
Northerly Boundary of a tract of land described in Book 270 at
Page 836; thence North 78023'00" West 38.77 feet along said
boundary; thence South 59050'00" West 94.23 feet along said
boundary; thence South 78055' West 60.15 feet along said bound-
ary; thence South 75005'00" West 35.77 feet along said boundary
to the point of intersection with the Williams-Hallam line as
described in Book 30 at Page 47; thence continuing South
75005'00" West 40.61 feet to a point on the centerline of the
Roaring Fork River; thence South 89042'58" West 129.58 feet along
said centerline; thence North 51"30'00" West 87.00 feet along
said centerline; thence North 04045'00" West 47.00 feet along
said centerline; thence North 20032'11" East 272.19 feet along
said centerline to the point of intersection with the Southeast-
erly right-of-way line of the Red Mountain Road; thence North
71031'00" East 73.00 feet along said right-of:-way line; thence
continuing along said right-of-way line 49.56 feet along the arc
of a curve to the left having a radius of 170.00 feet, the chord
of which bears North 63009'55" East 49.38 feet to the point of
intersection with the Southwesterly right-of-way line of Gibson
Avenue; thence South 45021'00" East 79.67 feet along said South-
westerly right-of-way line; thence continuing along said South-
westerly right-of-way line 73.01 feet along the arc of a curve to
the left having a radius of 438.00 feet; thence South 54054'00"
East 20.64 feet along said Southwesterly right-of-way line to the
Point of Intersection with the Northeasterly line of land de-
scribed in Book 61 at Page 185; thence South 31016'00" East
222.35 feet along said Northeasterly line to the Point of Begin-
ning.
County of pitkin, State of Colorado.
jw1l24.1
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EXHIBIT .
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LETTER OF TRANSMITTAP'
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CHARLES CUNNIFFE ARCHITECTS
610 E. HYMAN AVENUE, ASPEN, CO 81611
970/925-5590
970/920-4557 FAX
TO: p6..~ ~~ JRO~E"~ATE: 7.1~~
PROJECT: ~ t---\
COMPANY ~ ~ M\J$JrJ\ JOB NO: O\~r
ADDRESS:
TELEPHONE: ~ --eoZOZ)
FAX NUMBER: ~ -~~
REGARDING: ~Oc-~ ~ '"ta-'\~ ~ ~\~
WE ARE SENDING YOU:
~ched
~
o Originals
o Computer Discls)
o Somples
Via ~- uP the tollowing items:
o Shop drawings
~OfLeffer
o Chonge order 0
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ARCHITECTURE
PLANNING
INTERIORS
o Specifications
DESCRIPTION:
THESE ARE TRANSMITTED as checked belaw:
copies for approval
o For approval
~uruse
o Approved as submitted
o Resubmit
D As requested
o Returned for corrections
D Return
corrected prints
copies for distribution
o Submit
o Approved as noted
D For review & comment 0 Prints returned after loan to us 0
REMARKS:
~I.:o~ Of' Apt>L\~~ +- 'o1'bC.
I ~ \c& ~ '1tMW2. ~~
-+- A1rACtt~ (p
fVf:!:uc th:~I~ NL7TlCE T<E-cfJlJ/~l:::~
~ ~ ~\iTAL.
~~~
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~. CHARLES CUNNIFFE ARCHITECTS
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ARCHITECTURE
PLANNING
INTERIORS
Charles L. Cunniffe, AlA
Principal
Janver C. Derrington, AlA
Principal
June 21, 2005
City of Aspen
Temporary Use Application
The Aspen Art Museum is applying for a temporary use permit for an office trailer. They would like to move two off-site
office personnel from the Red Brick School on site to the Existing Art Museum. The current building is not large enough to
accommodate the number of staff required on site.
We are proposing an 8 x 28 temporary office trailer on a minor leveling pad with electrical and telephone hook ups. We
are proposing to locate it adjacent to the North-west corner of the existing building. We feel that this location will have the
smallest amount of impact on the site.
We are also proposing a small gravel addition to the existing concrete parking lot to help offset the need for parking.
However, since the new relocated staff is already in the city (Red Brick Building) there shouldn't be any additional parking
required by the new staff members since they walk to work rather than commute.
Thank you for your consideration,
Sincerely,
610 EAST HYMAN AVE ASPEN, CO 81611 970.925.5590 fax: 970.925.5076 info(cVcunnitfe.com www.cuniffe.com
ASPEN
.
CARBONDALE
.
STEAMBOAT SPRINGS
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A IT ACHMENT 2 -LAND USE APPLICATION
APPLICANT:
Name: A~ AR-T Nl};.6Jl'J\
Location: t3'1C> fJ. HILL
(Indicate street address, lot & block number, legal description where appropriate)
ParcelID# (REQUlRED) 27~1 - ()760 - Q136"Cj
REPRESENTATIVE: cHA-Rf.E.L::> C-UNN IFFE Aeaf.rtFcrc:..
Name: cHAt2-lX--S ClHJt-J/FFE:
Address: (p 10 r;:. 1-1'1 MAN
Phone#: ~Zl? -70'10
PROJECT: TE}JjPO~ OWICF ""Tf?.\11_ER
Name: N;.'PaJ A~ M LA0El./tJ\
Address: ...2..40 I'J.. fv\ lLL-
Phone#: <q 2l? - 66 f3C)
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 Review Appeal 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, condonllrUunllzation) Expansion
Mountain View Plane
0 Lot Split ~ Temporary Use 0 Other:
0 Lot Line Adjustment 0 TextlMap Amendment
EXISTING CONDITIONS: (descri tion of existin buildings, uses,
E::-X\9"TrN(J] ~\ AR:.\ !'-'\,\A6EUtv\
rovals, etc.)
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
I <;:{'i.Zt?{ TE:'M'pO~'1 eJrFICE 'RAILER
HllYl' you attached the following?
o Pre-Application Conference Summary
[}.Attachment #1, Signed Fee Agreement
2'l .Response to Attachment #3, Dimensional Requirements Form
~ Response to Attachment #4, Submittal Requirements-Including Written Responses to Review Standards
All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written
text (Microsoft Word Format) must be submitted as part ofthe application.
FEES DUE: $
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~,
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"-PLANNER:
PROJECT:
REPRESENT A TNE:
OWNER:
TYPE OF APPLICATION:
DESCRlPTlON:
4: 14PM
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'-coMMUNITY DEVELOPMENT
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NO. 2267
P
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
James Lindt, 429-2763 DATE: 6/6/05
Art Museum Temporary Use
Charles Cunniffe
Art Museum Board
Temporary Use, GMQS Exempt Development for a Temporary Use
The perspective applicant would like to erect a modular bu; Iding of approximately 225
square feet for 6 m011ths to act as temporary office spaooo for two art museum employees
that will be relocated from the Red Brick Arts Building to help with coordinating expansion
plans to the Art Museum.
Land Use Code Section(s)
26.450
26.470,040(A)(8)
Review by;
Public Hearing:
Referral Agencies:
Planning Fees:
Referral Agellcy Fees:
"--' Total Deposit:
Total Copies:
Temporary Use.
Exempt Development: Temporary Uses and Structures.
Staff for recommendation, Historic Preservation Officer (possibly the HPC) for referral
connnents since the site is designated to the Inventory of Historic Sites and Structures,
Development Review Committee (DRC) for technical considerations, City Council for final
'determination.
Yes, at City Council. Applicant must post property and mail notice at least 15 days prior to
hearing. Applicant will need 10 provide pro~f of posting and mailing with an affidavit at the
public hearings.
Engineering, Parks, Building Department.
Planning Deposit, Minor ($1,320 for 6 hours of staff time)
Engineering Minor of $190
$1,510 (additional Staff Planner hours are billed at a rate of $220/hour)
20 Copies of Application
To apply, submit the following information:
]. Total deposh for review of the apJJlicarion.
2. Proof of ownership.
3. Signed fee agreement.
4. Completed Land Use Application.
5. Applicant's name, address and telepoone number in a letter signed by the applicant which states the narne~ address and
t~lephone number of the representative authorized to act on behalf of the applicant_
6. Street address and legal description of the parcel on which development is proposed to OCCUr, consisting of a current
certificate from a title insurance company, or attomey licensed to practke in the State of Colorado. listing the names of nIl
owners of the property, and a11mortgages. judgments, liens, easements, contracts and agreements affecting the pared, and
demonstrating the owner's right to apply for W.e Development Application.
7. Proposed elevations.
8. Site Improvement Surve-y.
9. Proposed Site Plan.
10. Proposed Crradmg Plan.
11. An 8 1/2" by 11" viciulty map locating the parcel within rhe City of Aspen.
12. A written description of the proposal and an expln.nation in "\vritten, graphic, or model form of how the proposed devolopmem
complies with the review standards relevant to the development application. Please include existing conditions as \~lelJ as
pr6posed
13. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the
following digital fcrmats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word fcnnat is prefeTTed.
Text [Olma! easily convertible to Wcrd is acceptable
\.---' Disclaimer:
The foregojng summary is advisory in nature only and is not bi)lding on the City, The summary is based on current zoning, which is
subject to change in the future, and upon factual re.presentations that mayor may not be accurate. The SUO.JTJlaty docs nor create a leg<l!
or vested righr.
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Arrreemenr for Payment of Ci[v of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and A"7fIJ.X'< A-V-+ M.u..-SC0 Vl1
(hereinafter /\.!'PLICANT) AGREE AS FOLLO\VS:
1. A.PPLIC.~~T has submitted to CITY an application for
(hereinafter, THE PROJECT)
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. A..PPUCANT and CITY li,b'Tee that because of the size, nature Of scope of the proposed project, it
is not possible at this time to ascertain the full extent of tbe costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPUC1\NT make payment of an
initial deposit and to thereafter permit additional. costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their bearings and/or approvals. APPLICANT agrees he
win 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 rpe greater certainty
of recovering its full costs to process APPLIC.A.NT'S application_
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Conunission and/or City Council to enable the Planning
CODJJIlission andlor City ConDcil to make legally required findings for project consideration, unJess current billings
are paid in full prior to decision.
5. Therefore, ;\PPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a deteimination of application completeness, APPLICANT shall pay an initial deposit in the
amountof$ l. GlO - which is for _~ hours of Community Development staff time, and if actual
recorded costs exceed the initial dcpo~it, APPLICANT shall pay <l.dditional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
.A.PPUCANT 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
B)':
By:
DOM CoctJJJ
Chris Bendon
Community Development Director
Date:
Tog, ~oo S
Mailing-Address:
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ASPEN ART MUSEUM
. 590 N. Mill 51. Aspen CO 81611 tel. 970.925.8050 tax 970.925.8054 www.aspenartmsueum.org
July 8, 2005
City Council
City of Aspen
130 S. Galena
Aspen, CO 81611
Dear Aspen City Council Members;
As you know, the Aspen Art Museum is planning a building expansion sometime in the
near future. While we still have a lot of work to do before initiating a capital campaign,
we are in immediate need of additional office space. We have survived with our current
office space of 900 square feet by utilizing satellite office spaces and outsourcing
whenever possible. With the arrival of our new Director, we would like to bring all AAM
staff functions in house in order to maximize our efficiency. This will require thirteen
workspaces.
We considered several options to create additional office space without cannibalizing any
of our current exhibition space. Our options were limited due the historic status of the
museum and budget constraints. We believe our best solution is to utilize a modular
office on the museum grounds until we complete our building expansion.
Attached is our temporary use application for your consideration. Additionally, we would
like to request a waiver of the $1,510 application fee given that we are a non profit
organization located on City of Aspen property.
Benton construction has offered to donate a remodeled temporary construction office to
the museum. Consequently, your assistance in expediting the approval process will be
greatly appreciated.
If you have any questions regarding the application, please contact Jason Oldfather at
Charles Cunniffe Architects at 925-5590. Any questions regarding museum operations
should be directed to Dara Coder at the Aspen Art Museum at 925-8050.
We are very hopeful that you will give our request your favorable consideration.
Respectfully Submitted,
Dara Coder
Assistant Director for Finance and Administration
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Dlowrm.'MN AVE.' ASf'EN,CO 81611 . TELE:970925-3590' FAX: 970'320.-4557
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