HomeMy WebLinkAboutresolution.council.140-18 RESOLUTION #140
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING THE AMENDMENT TO LEASE AGREEMENT
BETWEEN THE CITY OF ASPEN AND ASPEN JUNIOR HOCKEY AND
SKATING FOUNDATION, INC., A COLORADO NONPROFIT
CORPORATION AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, Aspen Junior Hockey wishes relinquishing its rights to the
certain space within the Aspen Recreation Center, known as the Exhibit B space,
previously rented pursuant to a lease agreement with the City; and
WHEREAS, the City is willing to take back the operation, management,
upkeep of the Exhibit B space for the purpose of providing the amenity to the
community as a whole; and
WHEREAS, the amendment to the lease relinquishing the Exhibit B space
is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that
Amendment to Lease Agreement, a copy of which is annexed hereto and
incorporated herein and does hereby authorize the City Manager to execute said
agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council o the City of
Aspen on the 22nd day of October 2018.
Steven Skadr n, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held October 22, 2018.
V6 C
Qd&
Linda Manning, City Cl rk
AMENDMENT TO LEASE AGREEMENT
THIS AMENDMENT TO LEASE AGREEMENT dated this_day of October 2018 amends
the Lease Agreement August 25, 2014,by and between the CITY OF ASPEN, Colorado, a home
rule municipal corporation(Hereinafter referred to as the "City" or"Lessor", and ASPEN
JUNIOR HOCKEY AND SKATING FOUNDATION, INC., a Colorado nonprofit corporation,
(hereafter referred to as the"AJH"or"Lessee"), as follows:
WHEREAS,pursuant to the lease agreement dated August 25, 2014 ("Lease Agreement"), AJH
leased from the City two separate areas with the Lewis Ice Arena; and
WHEREAS, AJH wishes to relinquish its rights to the area described in Exhibit B of the Lease
Agreement; and
WHEREAS,the City wishes to accept the return of the space set forth in Exhibit B of the Lease
Agreement for the management, operation, and repair of the space for the purpose of providing
an amenity to the entire community.
WHEREAS, AJH teams will still have the ability to utilize this space through separate requests
to the Recreation Department.
NOW THEREFORE, in consideration of the mutual covenants contained herein,the parties
agree as follows:
1. The area leased to AJH pursuant to paragraph 2 of the Lease Agreement is hereby
amended by deleting from the demised premises the area described in Exhibit B, attached
thereto.
2. Rent set forth in paragraph 5 of the lease is hereby amended so that the total rent paid by
AJH will be $5000 per year for the Exhibit A space. Rent shall be paid in equal monthly
installments of$416.66 per month commencing on the 1St day of November 2018, and
continuing thereafter on the first of each month through the end of the term.
3. Any and all improvements to the area described in Exhibit B by AJH shall become the
property of the City of Aspen.
4. The parties release,waive and hold each other harmless from any and all claims or causes
of action regarding the lease of the area described in Exhibit B that arose or could have arisen
prior to this amendment. City acknowledges that all rent has been paid in full.
5. Except as amended herein, all other terms of the Lease Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, each party to this agreement has caused it to be executed on the date
indicated hereinabove.
AJH: CITY ASPEN, COLORAD
By: By:
Title: �Cifc! yy7 416 Ae6c 7n(Z Title:—C.'•�y /'t.e..•vs,-