HomeMy WebLinkAboutresolution.council.092-21 RESOLUTION #092
(Series of 2021)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN AMENDMENT TO LEASE AGREEMENT
BETWEEN THE CITY OF ASPEN AND THEATRE ASPEN AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
ON BEHALF OF THE CITY OF ASPEN.
WHEREAS, there has been submitted to the City Council an Amendment to
Lease Agreement for the Theatre Aspen Lease at Rio Grande Park, between the
City of Aspen and Theatre Aspen, a true and accurate copy of which is attached
hereto as Exhibit "A";
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 for the Theatre Aspen lease at Rio Grande Park,
between the City of Aspen and Theatre Aspen, 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 of the City of
Aspen on the 91h day of November 2021.
Torre, Mayor
I, Nicole Henning, 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, November 9, 2021.
c
Nicole enning, City Clerk
DocuSign Envelope ID:OB058FDC-812C-4360-BEF2-A3BDAF3E5C79
AMENDMENT TO LEASE AGREEMENT
This Amendment to Lease Agreement("Amendment"),entered into this_day of
. 2021, amends that Lease Agreement between the City of Aspen, Colorado ("City")
and Theater of Aspen,a Colorado non-profit corporation ("Tenant")effective January 31,
2012 ("Lease Agreement").
Recitals
Whereas, according to the terms of the Lease Agreement,Tenant leases a portion
of Rio Grande Park in Aspen,Colorado for purposes of presenting theatrical productions
and related operations;and
Whereas, pursuant to the Lease Agreement,Tenant is authorized to place a tent
and structures for ticketing and concessions on the leased premises;and
Whereas,the Lease Agreement may be modified by written agreement duly
executed by the parties;and
Whereas,the City desires to amend the Lease Agreement to identify more
specifically the area that is the leased premises and the uses for the leased premises;and
Whereas,Tenant agree to amend the Lease Agreement to modify the description of
the leased premises, and the uses for the leased premises.
Terms
Now,therefore, in consideration of the mutual promises set forth herein the parties agree to
amend the Lease Agreement as follows:
1. Premises: The Premises subject to this Lease Agreement shall be the area outlined
within the Rio Grande Park as shown on Exhibit 1 appended hereto and by this reference made a
part hereof as if fully set forth here.
2. Use: The Premises maybe used by Tenant solely for the purpose of placing a non-
permanent theater tent in substantially the area shown on Exhibit 1,and constructing or placing
an adjoining ticketing and concessionaire's structure to remain on the Premises during the
duration of the Lease Agreement. This area will be known as the Primary Operating Area. Tenant
may use the Primary Operating Area for the presentation of theatrical productions and related
operations(including the annual Gala). Tenant may occasionally rent out the Primary Operating
Area to third parties who may use the Primary Operating Area for similar purposes. The uses
permitted within the Primary Operating Area shall comply in all respects with any and all
conditions required by the City in any approvals that may be granted to the Tenant by the Aspen
City Council pursuant to the Aspen Municipal Code.
DocuSign Envelope ID:OB058FDC-812C-4360-BEF2-A3BDAF3E5C79
As shown on Exhibit 1,an adjacent area to the Primary Operating Area shall be made available to
the Tenant for special events and is labeled as Secondary Operating Area. Special events and park
rentals occurring within the Secondary Operating Area shall comply with current Park Rental and
Special Event requirements as stated in the Aspen Municipal Code.When the Secondary
Operating Area is used by the Tenant,clear and inviting public access alternatives to John Denver
Sanctuary must be identified and maintained. Tenant shall be permitted to rent the Secondary
Operating area as a venue to host weddings,or other non-theater special events. There shall be
no more than 8 non-theater special events within the Secondary Operating Area per year,and
events shall be no longer than one day in duration, including setup and removal of event
infrastructure. Areas outside of the Secondary Operating Area (such as John Denver Sanctuary)
identified in Exhibit 1 shall nct be rented by the Tenant in conjunction with special events within
the Secondary Operating Area.
Tenant recognizes that Special Events may occur within the John Denver Sanctuary that are not
associated with the Tenant. In the case that a Special Event would like to utilize the Secondary
Operating Area, it is at the Tenants sole discretion to rent the Secondary Operating Area to said
party, and that event shall co.int towards one of the stated 8 events allowed per calendar year.
3.The attached Exhibit 1 supersedes the existing Exhibit 1.
4.All other terms and conditions of the Lease Agreement not expressly modified herein
shall remain in full force and effect.
CITY OF ASPEN, COLORADO THEATER OF ASPEN, INC.
By:r�aA.l. Fifir 11/11/2021 1 10:15:35 _ 1�
By: JS''
Name Date IN a in—e Date