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HomeMy WebLinkAboutresolution.council.145-19 v Y h �INIRV i CITY OF ASPEN RESOLUTION# 145 (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 which comprises 21%of commercial unit 202, a true and accurate copy of which is attached hereto as "Exhibit B". 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 first amendment to the lease for city staff office space at 201 N. Mill Street which comprises 21% of commercial unit 202 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. 77oW,, 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/irda anning, City Clerk L:xhibit B—Lease extension agreement between 201 N. Mill Street Associates, LLC and The City ol'Aspen FIRST AMENDMENT TO COMMERCIAL LEASE AGREEMENT This FIRST AMENDMENT TO COMMERCIAL LEASE AGREEMENT (this "First Amendment") is made effective as of the _ day of November 2019, by and between 201 N. Mill Street Associates, LLC, a Colorado limited liability company("Landlord"), and The City of Aspen("Tenant"). WHEREAS, Landlord and Tenant entered into that certain Commercial Lease Agreement dated to be effective August 25, 2016 (the "Lease"), pursuant to which Tenant leases 21% of Unit 202 in The Mill Building located at 201 North Mill Street, Aspen, Colorado. Capitalized terms not otherwise defined herein shall have the meanings given them in the Lease; WHEREAS, Landlord and Tenant desire to modify the terms of the Lease on the terms and conditions set forth herein. NOW THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant agree as follows: 1. Term of Lease. The term of the Lease is extended to August 31, 2021. 2. Option to Extend. Tenant's Option to extend the term of the Lease is hereby deleted and of no further force of effect. 3. Application of Lease Terms. Unless expressly modified herein, all other terms and conditions of the Lease shall remain in full force and effect. To the extent of any inconsistency between the terms of this First Amendment and the terms of the Lease, the terms of this First Amendment shall control. 4. Counterparts; Facsimile or Email. This First Amendment may be executed in multiple counterparts and which so executed by all parties shall constitute one single instrument. Delivery by facsimile or electronic mail of any party's signature hereon shall be valid, binding and enforceable. IN WITNESS WHEREOF, this First Amendment has been executed by Landlord and Tenant as of the effective date. 201 N. Mill Street Associates, LLC, a Colorado limited liability company By: B. Joseph Krabacher, Manager THE CITY OF ASPEN A Home Rule Munic' ality Name: ^ Title: 50845787.1 [Exhibit Q—Lease extension agreement between 201 N.Mill Strect Associates, LLC and I'he City of*Aspen FIRST AMENDMENT TO COMMERCIAL LEASE AGREEMENT This FIRST AMENDMENT TO COMMERCIAL LEASE AGREEMENT (this "First Amendment") is made effective as of the_day of November 2019, by and between 201 N. Mill Street Associates, LLC,a Colorado limited liability company("Landlord"),and The City of Aspen("Tenant"). WHEREAS, Landlord and Tenant entered into that certain Commercial Lease Agreement dated to be effective August 25, 2016 (the "Lease"), pursuant to which Tenant leases 21% of Unit 202 in The Mill Building located at 201 North Mill Street,Aspen,Colorado. Capitalized teens not otherwise defined herein shall have the meanings given them in the Lease; WHEREAS, Landlord and Tenant desire to modify the terms of the Lease on the terms and conditions set forth herein. NOW THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant agree as follows: 1. Term of Lease. The term of the Lease is extended to August 31, 2021. 2. Option to Extend. Tenant's Option to extend the term of the Lease is hereby deleted and of no further force of effect. 3. Application of Lease Terms. Unless expressly modified herein, all other terms and conditions of the Lease shall remain in full force and effect. To the extent of any inconsistency between the terms of this First Amendment and the terms of the Lease, the terms of this First Amendment shall control. 4. Counterparts; Facsimile or Email. This First Amendment may be executed in multiple counterparts and which so executed by all parties shall constitute one single instrument. Delivery by facsimile or electronic mail of any party's signature hereon shall be valid, binding and enforceable. IN WITNESS WHEREOF, this First Amendment has been executed by Landlord and Tenant as of the effective date. 201 N. Mill Street Associates,LLC, a Colorado limited liability company : fWJK,- B Joseph Krabacher(Jan 23,2020) By. B.Joseph Krabacher,Manager THE CITY OF ASPEN A Home Rule Munic' ality Name:j r, (,-,6 f-t Title: 50945787.1 F1 NMSA LLC-COA Lease Extension Tenant Signature Final Audit Report 2020-01-24 Created: 2020-01-24 By: Joe Krabacher Qkrabacher@shermanhoward.com) Status: Signed Transaction ID: CBJCHBCAABAArGbe0Qh2MiS3bKQXgs7QN2xvGhUeS59V "201 NMSA LLC-COA Lease Extension Tenant Signature" Histo ry Document created by Joe Krabacher Qkrabacher@shermanhoward.com) 2020-01-24-1:32:17 AM GMT-IP address: 192.184.124.4 4 Document emailed to B Joseph Krabacher Qkrabacher@krabacher.com)for signature 2020-01-24-1:32:37 AM GMT Email viewed by B Joseph Krabacher Qkrabacher@krabacher.com) 2020-01-24-1:33:27 AM GMT-IP address:50.242.139.250 d© Document e-signed by B Joseph Krabacher Qkrabacher@krabacher.com) Signature Date:2020-01-24-1:34:36 AM GMT-Time Source:server-IP address:50.242.139.250 Q Signed document emailed to Joe Krabacher Qkrabacher@shermanhoward.com)and B Joseph Krabacher Qkrabacher@krabacher.com) 2020-01-24-1:34:36 AM GMT Adobe Sign