The URL can be used to link to this page

Home My WebLink Aboutpitkin.planning.264334405972DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) ,,T ~.._ " Parcel ID: 2643-34-4-05-972 Application Date: 8/2/10 Case No: SPE023-10 Description: The Rock and Roll Academy Temporary Commercial Use/Special Event Permit Planner: Cari Anne Holcomb # Copies: Allocated Hours: 3 Project Address: 403 AABC, ASPEN, CO 81611 % Over Hours: 3.6 Property Owner: THE ROCKAND ROLL ACADEMY Owner's REP: RUSSELL CARRANEO Address: PO BOX 9541 ASPEN, CO 81612 Address: PO BOX 9591 ASPEN, CO 81612 REP's Email: russell@rockandrollacademy.com Owner Phone: (970) 925-9001 REP's Phone: (970) 925-9001 Referrals: ALL OTHER REFERRALS Comments Due Date: Other Referrals: Meetings: Meeting Date: Review Body: Public Hearing? Notice Date: Meeting Notes 1st Meeting: 2nd Meeting: 3rd Meeting: Approvals: BOCC Resolution #: P8Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 051-2010 Other Information: VR Approval Date: VR Expires Date: Remarks: Plat Recorded Date: Plat (Bk, PG): Application Type: ADMINISTRATIVE DETERMINATION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING A TEMPORARY COMMERCIAL USE/SPECIAL EVENT PERMIT FOR THE ROCK AND ROLL ACADEMY 2010 CAMP AND FALL CLASSES Determination No~-2010 RECITALS 1. Pursuant to Subsection 4-30-50(i) of the Pitkin County Land Use Code, the Community Development Director of Pitkin County, Colorado ("Director") may approve a Temporary Commercial Use/Special Event Permit for commercial activities or special events. 2. The Rock and Roll Academy (hereafter, the "Applicant") has applied to the Director for approval of a Temporary Commercial Use/Special Event Permit to hold educational music classes and camp in the AABC. The two week long camps will take place from August 2ntl through August 6~" and August 9`" through August 13, 2010 from 9:30 AM to 6:.00 PM. After school, fall classes will run from September 13 through December 15, 2010 from 2:30 PM to 8:00 PM. There will be no more than 6 students and 2 instructors at any one time. 3. County Risk Management has received and approved a Certificate of Insurance covering this event and naming the County as an Additional Insured. The Pitkin County SherrifFs Office and the Aspen Fire Protection District both reviewed the application; both will acknowledge and respond to calls per their standards of operations. 4. The Director finds that, to the extent applicable, the application complies with the standards in Subsection 4-30-50(i) of the Land Use Code. THE DIRECTOR HEREBY APPROVES the Temporary Commercial Use/Special Event Permit for The Rock and Roll Academy camp and fall classes subject to Applicant's compliance with each of the following conditions: 1. Applicant shall adhere to all material representations made in, or in connection with, the application. 2. The Applicant shall limit the number of students to 6 with 2 instructors for each class. 3. The Applicant shall adhere to all Pitkin County Noise Ordinance Codes. Any complaints regarding noise shall be responded to and resolved immediately. 4. No emergency access to shall be blocked. 5. Parking shall be in available parking spaces only. No parking shall take place on County roads. 6. This temporary commercial permit shall expire on December 13, 2010 or at the time the Applicant receives Special Review for Education Classes by the Board of County Commissioners. 7. Failure to comply with the conditions of approval may result in revocation of this permit. APPROVED this~j~ day of ~, 2010. Cin Houben Community Development Director PID# 2643-344-05-972/43-344-06-907 SP023-2010 MEMORANDUM TO: Cindy Houben, Pitkin County Community Development Director FROM: Cari Anne Holcomb, Planner RE: The Rock and Roll Academy-Temporary Commercial Use Permit DATE: August 6, 2010 REQUEST: The Applicant is requesting approval of a Temporary Commercial Use Permit in order to hold two one week camp sessions and begin educational classes until their Special Review before the Board of County Commissioners is approved. The classes will take place at the Dance Progressions Studio in the AABC and once construction is completed, the classes will move to another location in the AABC. The classes involve group music education for children ages 8-18 years of age. The classes will be limited to no more than 6 students and two instructors. The camp sessions are 2nd through the 6~' and August 9`h through the 13'" beginning at 9:30 AM till 6:00 PM. The Applicant has also requested approval to run after school classes from September 13 through December 15, 2010 beginning at 2:30 PM until 8:00 PM. APPLICANT: The Rock and Roll Academy (thereafter, "Applicant"). REPRESENTATIVE: Russell Cattaneo, Director LOCATIONS: Dance Progressions Studio, 403 AABC - PID #2643-344-05-97Q. and a location to be determined in the near future. ADDITIONAL INFORMATION: The camp and classes involve group music education. The student play amplified instruments which will be kept at an interior noise level of no more than 85 db. There will be no more than 6 students at any one time with two adult instructors. REFERRAL COMMENTS: The Application was referred to the following agencies: Pitkin County Sheriffs Department (Tom Grady), Emergency Management (Ellen Anderson), the Aspen Fire Protection District (Ed Van Walraven), Risk Management (Kris Jewkes) and AABC (John McBride). Kris Jewkes confirmed that insurance is in place for any emergencies. The County has been named as a Certificate Holder/Additional Insured. The Pitkin Sheriffs Office stated that the event does not meet the criteria for the need of a Safety and Operations Plan. The Sherriffs Office will acknowledge and respond to calls for service per standard operating procedures. The Aspen Fire Department approved the application and required an Occupancy Inspection prior to issue of the permit. No comments were received from the Emergency Manager or the AABC. STAFF COMMENTS: CJ7 Pursuant to Section 4-30-50(i) of the Land Use Code, Applicant must demonstrate that adequate provisions have been made for all of the following: 1. Police supervision (if necessary); 2. Public parking; 3. Insurance; 4. Site set-up, maintenance and clean-up; 5. Emergency services; and 6. Safety of operations. Additionally, temporary structures must conform to applicable building codes and other County regulations. Each of these requirements is addressed, in turn, below. Police Supervision: N/A Public Parking: There are 10 parking spaces available at 403 AABC. The Applicant and clients shall adhere to all rules and regulations for parking. Insurance: The Applicant has provided adequate proof of insurance in the correct form. Site Set-Up. Maintenance and Clean-Up: Outdoor set-up is minimal for this type of event. The Applicant will provide set-up, maintenance and clean up, including trash removal from the site. Emergency Services: Applicant has provided a plan for dealing with emergencies during the season. This includes 911 services. Safety of Operations: A first aid kit and shall be available on site. Conformance with Building Code: N/A RECOMMENDATION: Staff recommends that the Director approve the Temporary Commercial Use/Special Event Permit application subject to Applicant's compliance with each of the conditions in the attached Administrative Determination. Z ADMINISTRATIVE DETERMINATION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING A TEMPORARY COMMERCIAL USE/SPECIAL EVENT PERMIT FOR THE ROCK AND ROLL ACADEMY 2010 CAMP AND FALL CLASSES Determination No. -2010 RECITALS 1. Pursuant to Subsection 4-30-50(i) of the Pitkin County Land Use Code, the Community Development Director of Pitkin County, Colorado ("Director') may approve a Temporary Commercial Use/Special Event Permit for commercial activities or special events. 2. The Rock and Roll Academy (hereafter, the "Applicant") has applied to the Director for approval of a Temporary Commercial Use/Special Event Permit to hold educational music classes and camp in the AABC. The two week long camps will take place from August 2nd through August 6'" and August 9'" through August 13, 2010 from 9:30 AM to 6:00 PM. After school, fall classes will run from September 13 through December 15, 2010 from 2:30 PM to 8:00 PM. There will be no more than 6 students and 2 instructors at any one time. 3. County Risk Management has received and approved a Certificate of Insurance covering this event and naming the County as an Additional Insured. The Pitkin County Sherriffs Office and the Aspen Fire Protection District both reviewed the application; both will acknowledge and respond to calls per their standards of operations. 4. The Director finds that, to the extent applicable, the application complies with the standards in Subsection 4-30-50(i) of the Land Use Code. THE DIRECTOR HEREBY APPROVES the Temporary Commercial Use/Special Event Permit for The Rock and Roll Academy camp and fall classes subject to Applicant's compliance with each of the following conditions: 1. Applicant shall adhere to all material representations made in, or in connection with, the application. 2. The Applicant shall limit the number of students to 6 with 2 instructors for each class. 3. The Applicant shall adhere to all Pitkin County Noise Ordinance Codes. Any complaints regarding noise shall be responded to and resolved immediately. 4. No emergency access to shall be blocked. 5. Parking shall be in available parking spaces only. No parking shall take place on County roads. 6. This temporary commercial permit shall expire on December 13, 2010 or at the time the Applicant receives Special Review for Education Classes by the Board of County Commissioners. 7. Failure to comply with the conditions of approval may result in revocation of this permit. APPROVED this day of , 2010. Cindy Houben Community Development Director PID# 2643-344-05-972 SP023-2010 3 Cari Anne Holcomb From: Cari Anne Holcomb Sent: Monday, August 02, 2010 9:53 AM To: Carla Ostberg; Bryan Daugherty; Tom Grady; Valerie MacDonald; Ed Van Walraven; Brian Nichols; Ellen Anderson; Kris Jewkes Cc: rjsrsinc@comcast.net; jpmcb@rof.net Subject: Temporary Commercial Permit - Rock N Roll Academy Day Camp (Two Weeks) Attachments: Rock_N_Roll_temp_com.pdf Importance: High AI I Attached is a Temporary Commercial Permit for the Rock N Roll Academy. They are holding two, 1 week long camps for kids to come and learn how to play musical instruments etc. The director of the program has also brought in a Special Review Application (long term) to continue to hold these classes. He does however require the temporary permit because his camp starts prior to his BOCC public hearing. Please note that the camp, which will have a maximum of 8 students, begins on August 2ntl. At this time, we will allow the classes to begin and continue, but I am hoping to put a "Rush" on this application in order to have the permit issued prior to the end of the camp. I would like to set the deadline for comments for Wednesday, August 4`" at Noon. Thank you in advance for all your assistance! Cari Anne Holcomb Planner 970.920.5092 _/ Cari Anne Holcomb From: Ed Van Walraven Sent: Monday, August 02, 2010 8:42 AM To: Cari Anne Holcomb Cc: Brian Nichols; Jan Legersky Subject: RE: Temporary Commercial Permit - Rock N Roll Academy Day Camp (Two Weeks) Hi Cari Anne, I do not think this will be a problem, however they will need to schedule a fire inspection. Have the applicant contact us for scheduling. Thanks, Ed Ed Van Walraven Fire Marshal Aspen Fire Protection District 420 East Hopkins Avenue Aspen, Colorado 81611 970-925-2690 Office 970-379-1378 Cellular 970-920-4451 From: Cari Anne Holcomb Sent: Saturday, July 31, 2010 5:09 PM To: Carla Ostberg; Bryan Daugherty; Tom Grady; Valerie MacDonald; Ed Van Walraven; Brian Nichols; Ellen Anderson Cc: rjsrsinc@comcast.net; jpmcb@rof.net Subject: Temporary Commercial Permit - Rock N Roll Academy Day Camp (Two Weeks) Importance: High AI I Attached is a Temporary Commercial Permit for the Rock N Roll Academy. They are holding two, 1 week camps for kids to come and learn how to play musical instruments etc. The director of the program has also brought in a Special Review Application (long term) to continue to hold these classes. He does however require the temporary permit because his camp starts prior to his BOCC public hearing. Please note that the camp, which will have a maximum of 8 students, begins on August 2ntl. At this time, we will allow the classes to begin and continue, but I am hoping to put a "Rush" on this application in order to have the permit issued prior to the end of the camp. I would like to set the deadline for comments for Wednesday, August 4`h at Noon. Thank you in advance for all your assistance! Cari Anne Holcomb Planner 970.920.5092 Cari Anne Holcomb From: russellcattaneo@yahoo.com Sent: Monday, August 02, 2010 10:22 AM To: Cari Anne Holcomb Subject: Re: Temporary Commercial Permit - Rock N Roll Academy Day Camp (Two Weeks) Cazi Anne, I just spoke with Ed. They are going to so an inspection either later today or tomorrow. Thanks for all your help! Russell Sent from my Verizon Wireless B1ackBerry From: "Cari Anne Holcomb" <CariAnne.Holcomb@co.pitkin.co.us> Date: Mon, 2 Aug 2010 10:01:01 -0600 To: <russellcattaneo@yahoo.com> Subject: FW: Temporary Commercial Permit - Rock N Roll Academy Day Camp (Two Weeks) Russ Please call Ed ASAP call to schedule a fire inspection. I will need to verify that you have an inspection scheduled before I can issue your permit. Please note that failure to have the inspection done can result in the suspension of business (I'm not worried but I have to say that). Thank you C'ari7lnra NoGwm6 Planner p 970.920.5092\f 970.920.5439 Carianne.Holcombla~co.oitkin.co us From: Ed Van Walraven Sent: Monday, August 02, 2010 8:42 AM To: Cari Anne Holcomb Cc: Brian Nichols; Jan Legersky Subject: RE: Temporary Commercial Permit - Rock N Roll Academy Day Camp (Two Weeks) Hi Cari Anne, I do not think this will be a problem, however they will need to schedule a fire inspection. Have the applicant contact us for scheduling. Thanks, Ed Ed Van Walraven Fire Marshal Aspen Fire Protection District 420 East Hopkins Avenue Aspen, Colorado 81611 970-925-2690 Office 970-379-1378 Cellular 970-920-4451 lJ From: Cari Anne Holcomb Sent: Saturday, July 31, 2010 5:09 PM To: Carla Ostberg; Bryan Daugherty; Tom Grady; Valerie MacDonald; Ed Van Walraven; Brian Nichols; Ellen Anderson > Cc: rjsrsinc@comcast.net; jpmcb@rof.net Subject: Temporary Commercial Permit - Rock N Roll Academy Day Camp (Two Weeks) Importance: High AI I Attached is a Temporary Commercial Permit for the Rock N Roll Academy. They are holding two, 1 week camps for kids to come and learn how to play musical instruments etc. The director of the program has also brought in a Special Review Application (long term) to continue to hold these classes. He does however require the temporary permit because his camp starts prior to his BOCC public hearing. Please note that the camp, which will have a maximum of 8 students, begins on August 2ntl. At this time, we will allow the classes to begin and continue, but I am hoping to put a "Rush" on this application in order to have the permit issued prior to the end of the camp. I would like to set the deadline for comments for Wednesday, August 4t" at Noon. Thank you in advance for all your assistance! Cari Anne Holcomb Planner 970.920.5092 Cari Anne Holcomb From: Kris Jewkes Sent: Tuesday, August 03, 2010 4:20 PM To: Cari Anne Holcomb Subject: RE: Temporary Commercial Permit - Rock N Roll Academy Day Camp (Two Weeks) CAH, His cert of insurance looks fine. Please educate me as to why this person has to go thru both the temp commercial permit and the special review app process. Thanks... Kris Jewkes HR/Risk 429-2795 _ _ From: Cari Anne Holcomb Sent: Monday, August 02, 2010 9:53 AM To: Carla Ostberg; Bryan Daugherty; Tom Grady; Valerie MacDonald; Ed Van Walraven; Brian Nichols; Ellen Anderson; Kris Jewkes Cc: rjsrsinc@comcast.net; jpmcb@rof.net Subject: Temporary Commercial Permit - Rock N Roll Academy Day Camp (Two Weeks) Importance: High All: Attached is a Temporary Commercial Permit for the Rock N Roll Academy. They are holding two, 1 week long camps for kids to come and learn how to play musical instruments etc. The director of the program has also brought in a Special Review Application (long term) to continue to hold these classes. He does however require the temporary permit because his camp starts prior to his BOCC public hearing. Please note that the camp, which will have a maximum of 8 students, begins on August 2nd. At this time, we will allow the classes to begin and continue, but I am hoping to put a "Rush" on this application in order to have the permit issued prior to the end of the camp. I would like to set the deadline for comments for Wednesday, August 4`h at Noon. Thank you in advance for all your assistance! Cari Anne Holcomb Planner 970.920.5092 6 Cari Anne Holcomb From: Tom Grady Sent: Thursday, August 05, 2010 1:00 PM To: Cari Anne Holcomb Cc: Valerie MacDonald; Joe Disalvo; Sheriff_Supervisors Subject: Rock & Roll Academy Cari The Rock & Roll Academy at the AABC does not meet the criteria for the need of a safety & operational plan. The PCSO will acknowledge the event & respond to calls for service there as SOP. T. Grady PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT TEMPORARY COMMERCIAL USE/SPECIAL EVENT PERMIT APPLICATION Please answer the following questions in detail. If an item does not pertain to your activity/event, please mark it "N/,4." Name of event/activity: If the event/activity involves movement (e.g., parade, foot race), describe the route, including starting and dispersal locations, and attach a map. N/R Name of applicant (sponsoring organization/event coordinator): ~ ~ec~ A.~l ~~ /~Co~e.M/ ~~ Q«.k pa 2. Location of event/activity: ~fo3 /gA B L , ASQsN CoC oRAJ V • l~vice P~~9 f~eSS~aJS~ 3. Type of event/activity (parade, assembly, sporting event, filming, etc.): 4. 5. 6~ ~ m ,~ ~ m 0 ~? < ,~ c O Address: Phone(s): E-mail: Name and title responsible for oversight of event/activity: Address: Jc0 Bnti R S Q 1 Phone(s): 92S-9val c=ell • 366-1797 E-mail: I .K Cell phone, radio frequency or other means of c ntact during the event/activity: 9 )o- 366-i74 7 Date(s) of event/activity: 19 ~j u<-/ ~ 2 -6 ~~s-/ 9-/9~ S~~-f /3 - ~ec~-• ~ is y2ol U Starting time(s): Ending time(s): Number of people involved spectators): No ha/e participants, staff (including volunteers), and If you will be using volunteers, what type of advance training will they be receiving and when? Will you provide notification of the event/activity to the public and/or to adjacent/affected property owgprs? IV d If 1(ES, describe who you will notify, when, and how: L ~-~' (~ 8. Are you planning to erect temporary structures or tents? If so, describe location, size, purpose, and if they will be heated/air conditioned: Temporary structures shall conform to any and all applicable building codes and other County regulations. The applicant shall obtain any required building permits from the County Building Department. If a tent is to be erected, the Fire Marshal shall be contacted to complete a life safety inspection prior to the event. 9. Do yqu,require, electricity; if so, what is the source of your electric power? ~ Temporary electric power connection(s) shall confo'Fm to any and all applicable electrical codes and other County regulations. The applicant shall obtain any required electrical permits from the County Building Department. 10. Will there be amplified sound, music, or fireworks? If YES, please describe: `~ ~A'f-Fl~wPn/~S4n~~ ~1~ nAfd~~~:id aw.r~ ~ f 'fo av r./-fe%nf ~a~e ~ nf~ No rM~J'~ 4~1at If fireworks are planned, t e applicant shall obtain approval and a permit from the S'Sdb . applicable Fire Marshal and the Sheriff, and shall comply with the County regulations on Noise Abatement (Code Title 6, Chapter 6.36). 11. Will any food be sold? ~(L If YES, the applicant will be required to submit an Event Information Application to County Environmental Health. Applicant may also be required to submit an Event Coordinator's Application and, in connection with its food vending, applicant shall submit, or require each of its independent caterers to submit, a Special Event Food Service Application to County Environmental Health. In connection with sales transactions, applicant may be required to have a CO Standard Sales Tax License or CO Special Event Sales Tax License. Contact the CO Department of Revenue for information. 12. WiII you be providing portable toilets and/or hand-washing stations? f If so, where will they be located and how many will be provided? ~5 ~.~ ~fR~fs h.rf<tlaar+fr f r I w A ni . .1\. be the types, number and location of trash/rec cle containers to be .d.f_1. -tlaS~ Aw~ liC..r12 :t ~loJ,'~r./ n-f^,rty. ~/n2 1Adl Trash/recycle containers and toilets/hand-washing stations must be removed within 24 hours of the event/activity. Name, titl ,address, a-mail and telephone number(s) of person responsible for clean up: ~uskf l Caw~neo, a;f~ec-fcr. Po B~ 9SYl~ ~Jcnea Lo sr/6 / 13. Will beer, wine, or other alcoholic beverages be dispensed at your event? N d 2 If YES, complete Attachment D and contact the County Clerk & Recorder's Office to determine if you need to obtain a State of Colorado Special Event Liquor License Permit. 14. Are you requesting use of any County properties (e.g., parks, trails)? ~]~ If YES, please specify: N //} The County may require applicant to post financial security to ensure restoration/revegetation of County property. 15. Are you requesting road closures? /V (~ If YES, please include date(s) and times: Road From To ,Date Road From To .Date If road closures are approved, the permittee will be required to publish notice of the closures in local daily newspapers at least 2 days prior to the closures. 16. If you do not require road closures, will your event/activity use any public or private roads? ~If YES, describe: 17. Where will you provide parking? P•~ ,i acl~1~i64 t Y -!~ t/o3 AA~~ ~if0i~ Number of spaces available at each location: / Describe any arrangements made for towing illegally parked vehicles: 18. Will shuttle service be provided? ~~ If YES, describe shuttle service (including hours of operation) and methods to be used to encourage use of public transit: 19. Describe traffic control measures to be instituted: N/R 20. How many personnel will be provided for security, and traffic and parking control? N~M~ Identify any subcontracted security and traffic/parking control service providers (name, address, contact person, telephone number(s), and e-mail): N/~ Law enforcement services will be charged out at the current hourly rate established by the Sheriff's Department and ONLY if resources permit. The Sheriff reserves the right to 3 3 place officers and staff at the event, at the permittee's expense, if deemed necessary in the interest of public safety. For further information, contact the Sheriff's Office. 21. How many and what size vehicles and equipment do you plan to use to stage the eventactivity? Please provide the location for staging of all vehicles and equipment. V ~4 22. Are you planning to use fixed wing or rotor wing aircraft for any aspect of the evenUactivity? If YES, please describe: N//~ 23. Describe any special requirements or aspects of your evenUactivity that have not been covered above: Na~/E **` ALL APPLICANTS: Please complete the attached Safety and Operations Plan or provide a separate document containing all of the required information (see Attachment A). A Safety and Operations Plan is required for planned events/activities because the emergency service infrastructure is funded by the Pitkin County taxpayers to offset unplanned events that pose a threat to life and property. As a result, any demand for services generated by a planned eventactivity should be alleviated ahead of time by the event sponsor or organizer. The posting of financial security, in an acceptable form, may be deemed necessary by the Pitkin County Sheriff s Office upon review of the Safety and Operations Plan. /n~ I certify that I am an authorized representative of the applicant, ~'~ ~Oc~ a~vd KO ~~ ,.+ and have the power to execute this application on behalf of the above- named org nization. All of the above statements are true to the best of my knowledge, information and belief. I acknowledge that any Temporary Commercial Use/Special Event Permit that I receive shall be subject to the following terms and conditions, in addition to those specified in the Administrative Determination/BOCC Resolution granting the permit: A. The County may revoke a Temporary Commercial Use/Special Event Permit prior to or during the event if the permittee violates any of the conditions of the permit. B. The County may require the permittee to participate in a post-event debriefing with referral agencies, affected citizens and other interested/involved parties to address issues that arose during the event. C. The County may require the permittee to post financial security to ensure compliance with any of the conditions of the permit. D. If a major incident or emergency occurs in the County during the event, the Sheriff reserves the right to remove any and all emergency medical, fire and law resources from the event. _/ The permittee shall adhere to all representations made in the application and in public meetings. ~gnature of Authorized Representative of Applicant ~~~ll ~-~uN.~o Print Name Title /~~ Bow 9SYI,As~/Cv S'/6/Z Address 5 5 The Rock and Roll Academy Aspen Colorado Emergency Plan IN CASE OF FIRE OR ANY EMERGENCY (MEDICAL OR OTHER) DIAL 9-1-1. Our Address: At Dance Progressions 403 Aspen Airport Business Center Aspen, Colorado (Building 403 in the Aspen Airport Business Center) Non-Emergencv Numbers: Pitkin County Sheriff: 920-5300 or 920-5310 (after hours) Aspen Fire Department: 925-2610 Aspen Valley Hospital: 963-1120 Rock and Roll Academy Director (Russell Cattaneo): 366-1797 Emergency Procedure: 1. Remain calm. 2. Dial9-1-1. 3. Explain the emergency and give our address. 4. Follow the 911 operator's instructions. 5. Do a head count and keep everyone together. 6. If you must exit the building because of fire or instruction from the 911 operator do so in a calm organized manner by the nearest available exit. 7. Meet in the parking lot at a safe distance from the building and do another head count. 8. Wait for further instructions from the proper authority. WHEN IN DOUBT REMAIN CALM AND CALL 9-1-1. z 0 0 a-, m o q ~. Q u ~$ ~ J' ACORQ. CERTIFICATE OF LIABILITY INSURANCE OP ID TW ROCKA-1 DATE (MMIDDIYYYY) 07/30/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Neil-Caring Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 1576 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Glenwood Springs CO 81602 Phone: 970-995-9111 Fax: 970-945-2350 INSURERS AFFORDING COVERAGE NAIC # INSURED -_ ______ _____._ ~' INSURERA_-_ ph'ladelphia I c Company _ anc _ _. _. ___ The Rock and Roll Academy I INSURCR B _._ _.. - ___ I _. _ _ _-- - pp 403eAABCLC I wsuRER c ___ __ Aspen CO 81611 INSURER D _ - __. _- rwvnnrvn __. - _. RJGURER E'. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHST . ANDING ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'G... _. __. ___-.. -~_. ..._-__. -._ - LTRINSRD TYPE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE ''POCKY EXPIRATIONT -~- -- -_--' ----- DATE M1iMIDDIYY DATE MMIDDIYY LIMIT S I GENERAL LIABILITY I 5 1 OOO , OOO _-_ _ -OAMA RE -- j coMMEaaAI. GENERAL LIAGILITY PHPK605428 08/01/10 06/01/11 GETC R NTEp e PREMISES C ~ 3OO DOO CLAWS MADC X OCCUR ) ccu _ , M ( - - ED EXP (Any o e p son) 5 S OOO I I PERSONALB ADV INJURY I51 000,000 I I ~ ~ GEIVERAL AGGRE AT 5 2 OOO , OOO I _ J'L AGGR (GATE LIIAIT APPLIES PER. -... EI -- PRGOUCTS ~ COMPIOP qGG 5 2 OOO OOO POLICY X JECT I LOC ~ , , --- - I AUTOlAOBILE LIABILITY i ANY AUTO i CCMBINEU SINGLE LIMIT (Ee dccltlBfll) ', 5 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY ~ (Per person) 15 HIRED AU fDB ~ -' - N(;N~OWPIE IJ AUTOS I I I BODILY INJURY (P a ddenl) ii 5 _i "----__-' ---- ( PROPERTY DAMAGE --- (P accitlenl) E I GARAGE LIABILITY I L. AUTO ONLY ~ EA r\CCIDENT ~ $ i ANYAUTO _. -_.._ .L. _ I ~- ~ ~ Eh ACC OTHER THAN 5 ~ _ _ __-_ AUTO ONLY. AGG 15 E%CESSIUMBRELLA LIABILITY RENCE 1 fi GCCUR 1 CLAIMS MADE ~ 5 --- - AGGREGATE DEDUCTIBLE I RETENTION 5 I -.. __- ____._ - 5 WORKERS COMPENSATION AND ' ~ ~ EMPLOYERS LIABILITY i 'TORY LIIdITS ER I_ _ ANY PROPfBETORJPARTNERICXECUIIVE ( OFFICER/MEMBER EXCLUDEDY _ C L EACH ACCICENT ' S _ _ --- --- II yes, tlescribe antler _ E.L. DISEASE - EA EMPLOYE 5 SPECIAL PROVISIONS below , _ _-.- -- E. L. DISEASE-POLICY LIAfIT I5 OTHER i ( DESCRIPTION OF OPERATION51 LOCATIONS / VEHICLES /EXCLUSIONS ADDED 0Y ENDORS MENT I SPECIAL PRO ISIONG Holder is included as Additional Insured under General Liability only and only in respects to leased premises. 10 day notice of cancellation applies for non-payment of premium. C FRTIFI('ATF Hnl nFD ,...... _.. ._._.. Pitkin County 130 5. Galena Aspen CO 81611 PITKIN4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATI( DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SD SHALL IIAPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. S LICENSE AND RENTAL AGREEMENT THIS LICENSE AND RENTAL AGREEMENT, made and entered by and between the Dance Progressions, LLC, 400 Bntsh Creek Road, Snowmass Village, CO 81615 (hereinafter "Dance Progressions") and Tenon[ (hereinafter "Tenant") as described and identified on the Dance Progressions License and Rental Agreement Sununary attached hereto and made a part hereof (the "Summary"). In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Lease of Studio. Dance Progressions leases to Tenant that space in the Dance Progressions Studio as described on the Summary attached hereto and incorporated herein by this reference (hereinafter "Premises"). 2. Term of Agreement. The term of this agreement is for the time period (day, days or portions thereof) set forth in the Summary. 3. Minimum Rental. Tenant shall pay to Dance Progressions, as minimum rental, the amount set forth in the Summary upon the execution of this agreement. 4. Service Charges. Tenant shall also pay, as service charges, the amount set forth in the Smmnary, for necessary services and equiptent which Dance Progressions has agreed to provide upon request of Tenant, as set forth in the Summary. The total amount of service charges due and payable shall be paid at the time and place as [he minimum rental At no time shall such services or equipment be obtained from parties other than Dance Progressions, unless prior written permission therefor has been obtained from Dance Progressions. 5. Performance Security. Tenant shall deposit with Dance Progressions at the time of the execution of this Lease, security in the amount set forth in the Smmnary. Such security shalt be in cash, or certified or cashier's check in [he required amount, payable [o Dance Progressions. Such security shall be conditioned upon the fai[hfid performance by the Tenant of all of the terms and conditions of this agreement, and such portion [hereof as may then be due shall be rehtrned to the Tenant after the Tenant has fully performed its obligations under this agreement. 6. Indemnification. Tenant shall so conduct its activities upon the Premises so as not to endanger any person lawfully [hereon and shall indemnify and save harmless Dance Progressions and al] of its officers, agents and employees from any and all loss, cost and expense and claims for losses, injuries, damages and liabilities to persons or property sustained or claimed to have been sustained by anyone whomever, by reason of [he use or occupation of the Premises, whether such use is authorized or not, or by any act or omission of Tenant or any of its ofcers, agents, employees, guests, patrons or invitees, and Tenant shall pay for any and all damage to the property of Dance Progressions, or loss or [heft of such property, done or caused by such persons. Tenant shall execute and deliver [o Dance Progressions a[ the time of acceptance and execution of this agreement such evidence of insurance as required by [he Summary. 7. Responsibility for Premises. Tenant shall quit and surrender [he Premises in as good a state and condition as they were in at the commencement of this agreement as my reasonably be determined in the judgment of [he Director, reasonable wear [hereof and damages by the elements excepted. Tenant also agrees that if said Premises, or the building, equipment or 8unishings thereon, are damaged during the term of this agreement, by the act, default or negligence of Tenant, or its ofcers, agents, employees, guests, invitees, patrons or any person or persons admitted to the Premises by licensee, Tenant shall pay to Dance Progressions upon demand such sum as shall be necessary to restore the Premises to the condition they were in at the commencement of the agreement. 8. Move In and Move Out. Tenant shall arrange in advance with Dance Progressions the dates and times Ibr the moving in of any of its equipment and other materials. Tenant turther agrees that at the conclusion of the [enn, Tenant shall remove all such equipment and other materials place on the Premises by Tenant or on its behalf. In the event that the Tenant refuses or fails to remove said materials, or rejects or refuses to vacate [he Premises, within [he time specified hereinabove, Dance Progressions shall have the right to remove from [he Premises or store, or cause to be stored, at the sole expense of [he Tenant, such equipment and materials without incurring any liability for any damages or losses to the equipment or materials which tnay be sustained either by reason of such removal or the place to which it may be removed, and Dance Progressions is hereby expressly released from any and all claims for damages of whatever kind or nature. For such additional period beyond the term of this agreement as any equipment or materials of the Tenant remain on the Premises, Dance Progressions shall be entitled to rent in the amount of double the rental rate set forth in the Summary. 9. Compliance with Laws. Tenant shall observe and comply with all laws, statutes, ordinances, ntles or regulations of the United States government, the State of Colorado, the City of Aspen, or any department or agency of the above. 10. Permitted Uses of Premises. Tenant shall use [he Premises only in the manner permitted by this agreement, as set forth in the Lease Summary, and shall not use or permit the use of the Premises for any other purpose or for any immoral, objectionable or unlawful acts, and the decision of Dance Progressions in these matters shall be final. 11. Sublettine and Assienments. Tenant shall not sublet the whole or any part of the Premises, nor assign, hypothecate or mortgage this agreement or any or all of its rights hereunder, without the prior written consent of Dance Progressions. Any consent given by Dance Progressions hereunder shall not operate as a waiver of this condition for fithtre subletting, assignment, hypothecating or mortgage. 12. Right of [nsoection. The agents and representations of Dance Progressions shall have the right to make inspections of the Premises at any time for the purpose of securing compliance with the terms and conditions of [his agreement. 13. Time of Essence. Time, especially the payment of monies due from Tenant, shall be the essence of this agreement. 14. Default. In the event of a breach by Tenant of the terms or conditions of this agreement, Dance Progressions shall have, in addition [o any other legal recourse, the right to terminate [his agreement forthwith, to enter and obtain possession of the entire Premises, to remove and exclude any and all persons from the Premises, and to remove and exclude all property of the Tenant therefrom, all without service of notice or resort to legal process and without any legal liability on its part, and to enforce the provisions of the bond provided for herein. I5. Attomev's Fees. Tenant shall pay all expenses that shall be paid or incurred by Dance Progressions in enforcing the provisions of this agreement. 16. Unforeseeable Events. If the Premises are damaged from any cause whatsoever or if any other casualty or unforeseeable cause beyond the control and without the fault or negligence of Dance Progressions including, but no[ restricted to, acts of God, fires, floods, epidemics, quarantine restrictions, strikes, failure of public utilities or unusually severe weather, prevents occupancy and use, or either, as granted herein, Dance Progressions is hereby released from any damage so caused to Tenant thereby. 17. No Liability for Tenant's Property. Dance Progressions assumes no responsibility whatsoever for any property placed on the Premises, and Dance Progressions is hereby expressly released and discharged Gom any and all liabilities For any loss, injury or damages to personal property that may be sustained by reason of the occupancy of the Premises under this agreement; and all watchmen or other protective services desired by Tenant must be arranged for by special agreement with Dance Progressions. 1 H. Los[ Items. Dance Progressions shall have the sole right to collect and have custody of all articles left in [he Premises by Tenant or persons attending any function held in the Premises. Any property left in the Premises I l by Tenant shall, after a period of seven (7) days of the termination date, be deemed abandoned and become [he property of Dance Progressions. 19. Taxes. Excise and License Fees. Tenant shall promptly pay all [axes, excise and license fees of whatever nature applicable to its occupancy of the Premises and to take out all permits and licenses, municipal, state or federal, required for the uses permitted herein, and further agrees to furnish Dance Progressions, upon request, duplicate receipts or other satisfactory evidence showing the prompt payment of all taxes and fees as may be required, and showing that all required permits and licenses are in effect. 20. Force Maittre. Tenant hereby expressly waives any and all claims for compensation for any and all loss or damage sustained by reason of any defect, deficiency, failure or impairment of the water supply system, drainage supply system or electrical system leading to or on the Premises. In the event Dance Progressions or any part thereof, is damaged by fire or if for any other reason, including strikes, failure of utilities or act of God which, in the reasonable judgment of Dance Progressions, renders the fidfillmcnt of this agreement by Dance Progressions impossible, the Tenant hereby expressly releases and discharges Dance Progressions and its agents, officers and employees, from any and all demands, claims, actions and causes of action, arising from any of the causes aforesaid. 21. Binding Effect. This Agreement and all and each of its terms and conditions shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, personal representatives, successors and assigns. 22, Entirety of Agreement. This Agreement constihrtes the entire agreement between Dance Progressions and Tenant. No term, provision or condition of this agreement may be altered or amended, not may any term, provision or condition be added to [his agreement, except upon the recommendation of [he Executive Director and the execution of a written agreement by Dance Progressions and Tenant. 23. Joint and Several Liability. When the context of this agreement requires it, the masculine shall be deemed to embrace and include the feminine, and the singular shall be deemed to embrace the plural, and when more than one person or party executes this agreement as "Tenant," then each and all of the persons, fines or corporations executing this agreement as the "Tenant" shall be deemed to havejointly and severally made and entered into all the covenants, promises and agreements herein contained and shall be jointly and severally liable, obligated and bound hereby. 24. Notices. All notices required hereunder shall be in writing and shall be deemed to have been given if either delivered personally or mailed by certified or registered mail to Dance Progressions or to Tenant, as the case may be, at their respective addresses set forth in the Summary. 25. Descriptive Headines. Descriptive headings contained herein are intended for convenience and reference only and shall not in any way limit or amplify the teens or provisions contained herein. 26. Passageways Shall Be Kent Clear. Tenant will permit no chairs or movable seats to be or remain in the passageways and will keep passageways clear at all times. No portion of the sidewalks, entries, passages, vestibules, halls, elevators, and all ways of access to public utilities of said building shall be obstructed by Tenant or used for any purpose other than for ingress and egress [o and from the Premises, [he doors, skylights, stairways or openings that reflect or emit light into any place in [he building, including hallways, corridors and passageways, radiators and houselightings attachments, shall not be obs[mcted by Tenant. The water closets and water apparatus shall not be used for any purpose other than [hat for which they were constructed, and no sweepings, ntbbish, rags, papers or other substances shall be thrown therein. Any damage resulting to them on account of misuse of any nature or character whatsoever shall be paid by Tenant. 27. No Partnership or Agency. This agreement is not intended to create any relationship between Dance Progressions and Tenant other than as Tenant/Landlord and Tenant is neither the agent, partner, employee nor joint 1l venturer with Dance Progressions. Tenant shall not create or assume any financial or legal obligation on Ute part of Dance Progressions without Dance Progressions' written consent. Dan e Progressions, LLC, By: Heather Starr-Kallas, Mgr. Tenant: .~ y;~,F,.~( ~-~ ~'~,~~t.~ 7r~ 2~..1 U.,~,'~ll /a~a~lt_l !2 ~y~ DANCE PROGRESSIONS DANCE STUDIO LICENSE AND RENTAL AGREEMENT SUMMARY By signing this License and Rental Agreement Summary, Dance Progressions and Tenant as hereinafter described agree to the terms and conditions of that License and Rental Agreement attached hereto and incorporated herein by this reference. I. Designation of Rental Premises: ~ ~ ~ Large Room ~ ~ Small Room ---~ II. Name and Address of Tenant: III. Rental Rate: [V. Designation of Lease Tenn: Starting on Ending on V. Service Charges: V 1. Insurance: ~~r~o~~«~ ~ll~a~ ~w. Po 6v ~ y5 Y r ~- ASoEN~ ~Q SIG i i- ~S i/eede,J ~ ~' Sv.~~/ ~ k ~A,~V at a.m./p.m. ~~~ ~H II ~3~fJ at a.m./p.m. .v /W ScGoo~ C~uSSPS 7 ~• lhdc ~~~~,.. Ica Ne; ~ '" Gu/: niq - Tenant shall execute and deliver to Dance Progressions at the time of acceptance and execution of this agreement a comprehensive liability insurance policy, including public liability and property damage, covering the Premises and Tenant's operations in the following amounts, operation hereunder and productions therein. VIi. Use: ~'~~~ ~us~~ C(GJs<< ~3 V II1. Method of Rent Pa}nnent: IX. Number of Occupants: X. Additional Provisions: G ~~ 1. No Subletting. There shall be no sublet or occupancy except with written permission of Dance Progressions. 2. Rules and Regulations. Tenant acknowledges receipt of the Rules and Regulations attached to and made a part of the Lease. 3. Facsimile. A telecopied facsimile of this License and Rental Agreement and any Notice hereunder shall be considered to be an original. The sender of any facsimile shall transmit the original of the facsimile via Federal Express or U.S. Mail as soon as practicable after the transmission. In the event of a discrepancy between the Facsimile and the subsequently transmitted original, the Facsimile shall be considered to prevail. Xl. Tenant Information: Name and Mailing Address: ~~ /~~~~ ~ti~ ,~ 1 i ~~tid~ ~c,~w ~~ ~ ~ ~ 6 I ~ y~. Home Phone: Work Phone: Driver's License No.: Employer: SSN: Vehicle Plate No.: Vehicle Type: E-(mall: Fax: ~s~~~ ~ ~.~ ~ ~_~ ~~w~ ~us~ ~ - Iii ~- l5" PITKIN ~UNTY COMMUNITY DEVEL(MENT Permit Receipt RECEIPT NUMBER 00029612 Name: The Rock and Roll Academy Aspe Date:B/2/2010 Project Address: 403 AABC Type: check # 1003 Permit Number Fee Description Amount 0023.2010.PSPE 0023.2010.PSPE PP-Special Event Flat Fee PP-Clerk Tech Fee Total: 624.00 25.00 649.00