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CITYOFASPEN
RESOLUTION# 144
(Series of 2019)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
DIRECTING THE CITY MANAGER OR ASSITANT CITY MANAGER TO TAKE
SUCH ACTION NECESSARY TO EXECUTE A LEASE EXTENSION.
WHEREAS, there has been submitted to the City Council an extension to the lease
for city staff office space at 201 N. Mill Street commercial units 101, 201 and 345SF of
storage unit 102, a true and accurate copy of which is attached hereto as "Exhibit A".
WHEREAS, the City Council has determined that it is in the best interest of the City
of Aspen to approve the lease extension pursuant to the terms thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO,
The City Council of the City of Aspen hereby approves the third amendment to the
lease for city staff office space at 201 N. Mill Street commercial units 101, 201 and 345SF
of storage unit 102 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 of the City of Aspen
on the 10th, day of December 2019.
73WA!��, �
Torre, 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, December 10th, 2019.
Linda Manning, City Clerk
1'xhibit A— Lease extension agreement between Blcckcr Mill Dcyclopnlent LLC and The City of
Aspcn
THIRD AMENDMENT TO LEASE
THIS THIRD AMENDMENT TO LEASE("Third Amendment") is made and entered into as of
September _, 2019, by and between BLEEKER MILL DEVELOPMENT LLC, a Delaware limited
liability company("Landlord"),and THE CITY OF ASPEN, a Home Rule Municipality("Tenant").
RECITALS :
A. Landlord and Tenant entered into that certain Lease Agreement dated as of January 4,2016
(the"Original Lease",and as amended by amendments dated August,2016 and July 10,2017,the"Lease")
whereby Landlord leases to Tenant,and Tenant leases from Landlord,approximately 4,780 rentable square
feet of office space located in Commercial Unit 101 and Commercial Unit 201 and approximately 345
square feet of storage space in Storage Unit 102 of that certain building located at 201 N. Mill Street,
Aspen, Colorado(the "Building").
B. By this Third Amendment, Landlord and Tenant desire to extend the Term as provided
herein.
C. Unless otherwise defined herein, capitalized terms as used herein shall have the same
meanings as given thereto in the Original Lease.
NOW,THEREFORE,in consideration of the foregoing recitals and the mutual covenants contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,the parties hereto hereby agree as follows:
AGREEMENT :
1. Renewal Term. The date upon which the Term expires shall be extended such that the
Lease shall expire on December 31, 2021 ("New Expiration Date"). The period from January 1, 2021
through the New Expiration Date shall be referred to herein as the "Extended Term."
2. Monthly Fixed Rent. In accordance with Section 29.2 of the Lease, from January 1, 2021
through December 31, 2021, Tenant shall pay Two Hundred Ninety-Two Thousand One Hundred Thirty-
Seven and 07/100 Dollars($292,137.07)per annum, payable to Landlord in equal monthly installments of
$24,344.76, as Fixed Rent for the Premises.
3. No Further Renewal. Effective as of the date of this Third Amendment, Article 29 of the
Original Lease(entitled"Renewal Term")is hereby deleted in its entirety,and Tenant shall have no further
right to renew the Lease.
4. Brokers. Each party represents and warrants to the other that no broker, agent or finder
negotiated or was instrumental in negotiating or consummating this Third Amendment. Each party further
agrees to defend, indemnify and hold harmless the other party from and against any claim for commission
or finder's fee by any other person or entity who claims or alleges that they were retained or engaged by the
first party or at the request of such party in connection with this Third Amendment.
5. No Further Modification. Except as set forth in this Third Amendment, all of the terms
and provisions of the Lease shall apply during the Extended Term and shall remain unmodified and in full
force and effect. Effective as of the date hereof, all references to the "Lease" shall refer to the Lease as
amended by this Third Amendment.
[11:08 AM]DRAFT
00386491.2
6. Counterparts. This Third Amendment may be executed in counterparts, each of which
shall be deemed an original, but such counterparts, when taken together, shall constitute one agreement.
This Third Amendment may be executed by a party's signature transmitted by electronic(including by use
of DocuSign (or similar) and/or by use of digital signatures) means via portable document format (pdf)
("pdf signatures"),and copies of this Third Amendment executed and delivered by means of pdf signatures
shall have the same force and effect as copies hereof executed and delivered with original signatures. Both
parties hereto may rely upon pdf signatures as if such signatures were originals. Both parties hereto agree
that a pdf signature page may be introduced into evidence in any proceeding arising out of or related to this
Third Amendment as if it were an original signature page.
[SIGNATURES ON FOLLOWING PAGE]
00386491.2 -2-
IN WITNESS WHEREOF, this Third Amendment has been executed as of the day and year first
above written.
"LANDLORD" BLEEKER MILL DEVELOPMENT LLC,
a Delaware limited liability company
By: Rudin West I LLC, its manager
By:
Name:
Title:
"TENANT" THE CITY OF ASPEN,
a Home Rule Municipality
C---.
Name: s otra G.c>-t4
Title:C, .4
00386491.2 -3-
IN WITNESS WHEREOF, this Third Amendment has been executed as of the day and year first
above written.
"LANDLORD" BLEEKER MILL DEVELOPMENT LLC,
a Delaware limited liability co pany
By: Rudi W L ,i anager
By: `
Name: Michael Rudin
Title: Managing Member
"TENANT" THE CITY OF ASPEN,
a Home Rule Municipality
By:
Name:
Title:
00386491.2 -3-