HomeMy WebLinkAboutresolution.council.085-01 RESOLUTION NO.
Series of 2001 -- '"
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A MUTUAL
RELEASE OF ALL CLAIMS AGREEMENT BETWEEN THE CITY OF ASPEN,
COLORADO, AND 7~ STREET DELI, LLC, AND ITZHAK AND DALIA VARDY, AND
AUTHORIZING THE CITY MAYOR TO EXECUTE SAID DOCUMENT ON BEHALF OF
THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a mutual Release of All
Claims Agreement between the City of Aspen, Colorado, and 7~ Street Deli, LLC, and Itzhak
and Dalia Vardy, a copy of which contract is annexed hereto and made a part thereof.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby approves said Mutual Release of All
Claims Agreement and authorizes the City Mayor to execute said agreement on behalf of the City
of Aspen.
IJ,~n I~alin~"a ~ ~~t_...~
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is
a tree and accurate copy of t~t~sol~on ~opt~l by the City Council of the City of Aspen,
Colorado, at a meeting held ~ ~7 ' 2001.
Kathryn S. ~ch, City Clerk
AUG, 31. 2001 8~54AM NO. 1167 P. 2
MUTUAL RELEASE OF. ALL CLAIMS
THIS AGREEMENT is made and entcr~l into this 31 sc day of A~us
2001, by and between the City of Aspen (herinafter "City"), 7z S~ee~ ~li, ~ and I~hak
~d D~ia V~y in ~eir indi~dual cap~i~es (7~ S~cct De]i, LLC ~d l~h~ and Dalia
V~dy coll~tivcly he~inaRer ~ ~ ~ ~e "V~ys"), in ~fctcnc~ ~ thc followi~
~cts:
A. ~ or a~ut mid*April of 2001, ~e V~ beg~ ncgoti~g wi~
r~n~vcs of ~c C~ &r a Lease A~ment (~e "Mine") for ~c ~m~ial Sp~
wi&in ~c ~ and Main St~t Affordable Housing ~oject (~e "Co~ercial Space") o~cd
by ~ Ci~, lo usc said ~c as a dclica/es~n; subs~u~t to ~e nego~tions, ~e Vardys
duly execu~d ~e ~as~. R~rcsenmtivcs of ~ Ci~ told ~e Vardys the Lease would be
fo~arded m ~e Ci~'s ARomcy for t~vicw ~d si~rc, but such never occurtcd md to
date, only ~ Va~ys lmve si~ ~e Lease.
B. ~pite the lack of a duly executed ~se, ~es~i~ws ~om the City
worked closely wi~ the Va~ys to ~ the Commvmial Sp~e for t~ V~ys' ~upancy
thcmof. Bo~ p~es sp~t ~n~ in ~cipa~on of ~e Va~ys occupancy of
Com~rcial Space.
C. ~ or about July 6~ ~d July ~h, 2~1, mpre~6ves ~om ~e Ci~
indica~ iMt ~c Vardys ~uld not open the ~ of business an6cipated in ihe Lease, and ~e
V~d~ ~vc indi~t~ ~cy do not wish W occ~Y tM Co~cmial Space ~ a conjunct.
NOW T~FO~, ~r g~ ~d ~u~le considga~o~ ~e r~eipt of which
hereby ac~wledged, ~e paflies hem~ a~e m follo~:
1. Rcl~se ~m.~blilai{~ns und~ the Mase A~c~ent. Each of ~e Ci~ and
tM Vard~ h~mby release ~ disuse ~e other ~m any liabili~ or obli~fion ~der
~ase. The pa~ ~er a~e &at the Lease shall be null and void.
2. Pa~entm~eVa~ys. Cont~pomn~usly with ~c cx~u~on of
A~cem~L the Ci~ sh~l pay to the Va~ys ~e ~m ~d ~ount of $23,1~,47,
oe~ expends thc V~ys incu~ in prying to op~ ~e~ dclicatcs~.
3. Mutual Rele~ of All Claims. Bxc~ f~ ~eir respe~ive obligations un&r
this ~m~l, ~c p~es heroin, on he. If of ~emmlves and ~r agents, su~esmn
in~2 h~s, p~nal ~pmsenm~ves, and assi~s (h~inafler "~p~tives"), hem~
releas~ ~d forewr di~e e~h ~er, ~d each o~er's representatives, ~m any ~d all
actions, ~uses of action, stats, deb~, account, con.cra, cica, d~ands ~d liabilities
~y nature whals~ver, whether not now ~own, ~sp~ or cla~, which the ~Jes
he.to or the pan/es' mpm~/ives ever Md, now have, or hcm~r may have, or claim to
have, agai~t the ~er paay, ancot ~c o~er p~i~' rcpmsen~ves, arising out of
~c~ng as a ~sult of~e afo~aid ~ ~ f~ cos~, e~s, losses or damages
~ ~e Vat. s m ~e ~ty ~ the pm~on of thc Commemial Space for thc opting
delicatess~. Neither ~e execu~on of or contents of this Agcemcnt nor thc pa~em by
AUG. 31. 2001 8:55^M NO. 1167 P, 3
¢fly to the Vardys hereunder shall be con$1~ued as any admission on the par~ of the either
parly that ~here exisis any basis, legal or equitable, for ally of the claims or allel~ltions made
by ~he Vardys with respect to the Lease or for recovery of any costs, expenses, losses or
damages recurred in the preparation of the Commercial Space for the opening of the
delioatessan.
4. Otb,er Proviz'ions.
(a) The parties ag, tee to perform any and all ac~s and execute any and all
documents rea.sonably necessary to effectuate the purposes and intent of this Agreement.
(b) This Agreement is the antire agrecmant of the parties hereto and supercedes
any prior a~ement or understending. This Agreement may not be altered, amended, or
modified unless otherwise agreed to in wri~int signed by all pares hereto.
(c) In the ev~t legal action is brought to enforce or interpret any or all of thc
terms of this Agreement, thc prevailing party shall be cntitled to reasonable at~orncy's fees
and costs.
the City of Aspen on the .... lh day of ,2001:
lea,"A. raand' "r- l aror . ._
A .C~ED t~by ~e 7'~ S~ D~li, LLC, and I~ak
~y:
Manag~
Dalia Vary ~-
AU6.31.2001 8:55AM N0.1167 P. 4
74' Street Deli. LLC ITEMIZI~D,DAMAOES updated as 0f..8/31/01
1. $1,965.26 down payment of lease not returned.
2. $7,785.2t eleetrieiey ($4,307.50 previously paid, $3,477.71 due).
3. $160.00 phone.
4. $355.00 health department.
5. $100.00 Express mail fees.
6. $90.00 at Office Depot.
7. $1"155.00 attorney's fees.
8. $10,500.00 seven months time and effort.
9. $390.00 trips to Denver.
TOTAL: $23,100.47