HomeMy WebLinkAboutresolution.council.113-22RESOLUTION NO. 113
(SERIES OF 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
CONSENTING TO A FIRST AMENDMENT TO AMENDED AND RESTATED
DECLARATION OF COVENANTS FOR 508 EAST COOPER AVENUE, ASPEN,
COLORADO.
WHEREAS, Cooper Street Development, LLC, a Colorado limited liability company (the
"Declarant"), executed those certain Amended and Restated Declaration of Covenants recorded at
Reception No. 593771, on November 7, 2012 in the real property records of the Clerk and Recorder
for Pitkin County (the "Restrictive Covenants");
WHEREAS, the Restrictive Covenants affect 508 East Cooper Avenue, Aspen, Colorado
(the "Lower Level");
WHEREAS, Paragraph 3 of the Restrictive Covenants contains a requirement that any
lease for the Lower Level shall include a requirement that the business maintain business hours of
at least between eleven o'clock a.m. to eleven o'clock p.m. (the "Hours Requirement"), six days
per week;
WHEREAS, the City of Aspen believes that the Hours Requirement may be impeding the
operation of a viable business in the Lower Level;
WHEREAS, due to the impediment posed by the Hours Requirement, the City of Aspen
believes that it is in the best interests of the City of Aspen to amend the Restrictive Covenants to
delete the Hours Requirement;
WHEREAS, the Restrictive Covenant also restricts the price of food that may be charged
by the Tenant. However, such restrictions are tied to the operation of Bentley's Restaurant in the
Wheeler Opera House. Since Bentley's Restaurant is no longer operational, references to that
restaurant are deleted;
WHEREAS, the Restrictive Covenants require that the City of Aspen consent to any
material amendment of the Restrictive Covenants, and the City of Aspen grants its consent to the
deletion of the Hours Requirement as more particularly set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
That the City Council of the City of Aspen hereby consents to the First Amendment to Amended
and Restated Declaration of Covenants regarding the property at 508 East Cooper Avenue,
Aspen, Colorado, attached hereto and incorporated herein.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 27tn
day of September 2022.
-wzf--0'-
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 September 27, 2022.
Nicole Henning, City Cie •
2