HomeMy WebLinkAboutagenda.council.regular.20221206AGENDA
CITY COUNCIL REGULAR
MEETING
December 6, 2022
5:00 PM, City Council Chambers
427 Rio Grande Place, Aspen
I.Call to Order
II.Roll Call
III.Scheduled Public Appearances
IV.Citizens Comments & Petitions
V.Special Orders of the Day
ZOOM
Join from a PC, Mac, iPad, iPhone or Android device:
Please click this URL to join. https://us06web.zoom.us/j/84945607610?
pwd=dWRrQnNLU0RtQStUWGV3TUhJa3J1dz09
Passcode: 81611
Or join by phone:
Dial(for higher quality, dial a number based on your current location):
US: +1 719 359 4580
Webinar ID: 849 4560 7610
Passcode: 81611
International numbers available: https://us06web.zoom.us/u/kxjqLU3go
(Time for any citizen to address Council on issues NOT scheduled for a public hearing.
Please limit your comments to 3 minutes)
a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's
Comments d) Board Reports
1
VI.Consent Calendar
VI.A Resolution #128 Series of 2022 - Mill Levy Adoption for Collection in 2023
VI.B Resolution #137, Series of 2022 - Adoption of an updated IGA for Mental Health Services
between Pitkin County, the City of Aspen, the Aspen School District the Town of Snowmass
Village and Aspen Valley Hospital
VI.C Resolution #141, Series of 2022 - Purchase of Foley 653 Accu-Master AC Front
Load Reel Grinder Replacement Machine
VI.D
Resolution #148, Series of 2022 - CORE 2023 Funding for Foundational
Programming
VI.E Resolution #151 Series 2022 - Yellow Brick Lease, Ajax Cubs
VII.Notice of Call-Up
VIII.First Reading of Ordinances
IX.Public Hearings
X.Action Items
XI.Adjournment
(These matters may be adopted together by a single motion)
2023 Mill Levy Memo Amended 12.1.22.doc
2023_Mill_Levy_Resolution__Amended_12.1.22 (Final).doc
2022 Mental Health IGA Memo.docx
Resolution # 137 (2022) - Mental_Health_IGA .docx
Attachment B_ Intergovernmental Agreement for the Purchase of Vital Mental Health
Services.pdf
Council_Memo_Foley_653.pdf
Council Resolution_#2022-141 _Real Grinder_complete.doc
Golf_Foley_653_Accu-
Master_AC_Front_Load_Reel_Grinder_2022_Contract_Colorado_Golf.doc
REMP_CORE_Memo.docx
Attachment A - Resolution #148 - Foundational Program Support.docx
Attachment B - CORE 2022 Accomplishments.pdf
12.6.2022 Resolution #151 Series 2022 -- Yellow Brick Lease, Ajax Cubs -
Memo.docx
Resolution #151 (2022) Ajax cubs.doc
12.6.2022 2023 Ajax YB lease signed by Ajax.pdf
2
MEMORANDUM
TO: City Council
FROM: Pete Strecker, Finance Director
THROUGH: Sara Ott, City Manager
MEETING DATE: December 6, 2022
RE: Amending 2023 Mill Levies’ Adoption, Resolution #128 (Series 2022)
Request of Council: This technical adjustment is needed to the computation of the allowable
revenue growth tied to the general purpose mill levy for collection in 2023. The end result of
this change is a decrease of the general purpose mill levy from the previously computed 4.351
mills to 4.341 mills.
Previous Actions: City Council adopted Resolution 128 (Series 2022 on November 29th
for the upcoming collection of the 2022 mill levies. This adoption was necessary in order
to certify the mill levy with Pitkin County on or before December 15th.
Summary and Background: Unfortunately, staff found a computation error in the calculation
of the revenue growth allowance for the general purpose levy, which had a minor effect on the
determination of the allowable mill levy. The change needed to remedy this issue results in
the mill levy credit increasing to 1.069 mills (previously was 1.059) and thus, a reduction to
the final general purpose mill levy from 4.351 to 4.341 mills. The net revenue reduction from
this action is roughly $20,000 and immaterial to the property tax revenue expectation overall.
REVISED
2023 Tax Rate
2023 Temporary
Credit
2023 Mill Levy
Rate
General Property Tax 5.410 1.069 4.341
Stormwater Fund 0.650 0.000 0.650
Total 6.060 1.069 4.991
2022 Assessed
Valuation
Updated Mill Levy
Rate
2023 Property
Tax
General Fund $2,008,903,130 2.171 $4,361,329
Asset Management Fund $2,008,903,130 2.170 $4,359,320
Total General Mill Levy 4.341 $8,720,648
Total Stormwater Mill Levy $2,008,903,130 0.650 $1,305,787
Refund/Abatements $2,008,903,130 0.013 $26,116
Total 2023 Property Tax 5.004 $10,052,551
Recommendations: Staff recommends approval of the amended Resolution 128 adopting the
mill levies for collection in 2023.
City Manager Comments:
AMENDED RESOLUTION NO. 128
(SERIES OF 2022)
AN AMENDED RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO SETTING THE 2022 MUNICIPAL MILL LEVY RATES
AND CERTIFYING SAME TO THE BOARD OF COUNTY COMMISSIONERS
FOR PITKIN COUNTY.
WHEREAS, the City Manager, designated by Charter to prepare the budget, has
prepared and submitted to the Mayor and City Council the Annual Budget for the City of
Aspen, Colorado for the fiscal year beginning January 1, 2023 and ending December 31,
2023; and
WHEREAS, the net assessed valuation of the taxable property for the year 2022
in the City of Aspen returned by the County Assessor of Pitkin County was certified on
November 22, 2022, is the sum of $2,008,903,130; and
WHEREAS, the net assessed valuation of taxable property in Aspen decreased
approximately 0.3% between 2021 and 2022 assessment years; and
WHEREAS, under section 9.9 of its Home Rule Charter, the City of Aspen shall
constitute a levy of the property taxes incorporated into its adopted budget; and
WHEREAS, a general purpose mill levy has been established at an amount not to
exceed 5.410 mills, and is calculated to produce gross ad valorem tax proceeds in the
amount of $10,868,166 for collection year 2023; based upon the assessed valuation as
determined by the County Assessor, and
WHEREAS, a temporary reduction in general property tax collections is desired
by the City Council in order to reduce the tax burden on owners of taxable property
within the City of Aspen while preserving the City’s ability to increase property taxes to
levels previously authorized by City of Aspen voters as described above, and
WHEREAS, C.R.S. section 39-1-111.5 authorizes a local government to certify a
refund in the form of a temporary property tax credit or a temporary mill levy rate
reduction, provided that the certification includes the gross mill levy, the temporary
property tax credit or temporary mill levy rate reduction expressed in mill levy
equivalents, and the net mill levy and under C.R.S. section 39-1-111.5(4), the Assessor
shall, concurrent with delivery of tax warrants to the Treasurer, itemize duly certified
temporary property tax credits or temporary mill levy rate reductions in the manner set
forth in C.R.S. section 39-1-111.5(2), and under C.R.S. section 39-1-111.5(5) the tax
statements shall indicate by footnote which local government mill levies reflect a
temporary property tax credit or temporary mill levy rate reduction for the purpose of
effecting a refund; and
WHEREAS, voter approval on November 6, 2007 established the separate City’s
Stormwater Fund mill levy rate at an amount not to exceed 0.650 mils upon each dollar
of assessed valuation on all taxable property within the City annually with no date of
expiration, permitting collection of property tax revenues in excess of the mill levy
limitation provided in Article X, Section 20 or the Colorado Constitution for property tax
collection in all future years beginning in 2008; and
WHEREAS, said mill levy rate is calculated to produce gross ad valorem tax proceeds in
the amount of $1,305,787 for collection year 2023; based upon the net assessed valuation
of the City of Aspen as determined by the County Assessor.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF ASPEN, Colorado hereby approves and adopts the following:
SECTION 1
For the purpose of balancing the 2023 budget, and providing a reasonable closing
fund balance for said fiscal year, levies the following taxes upon each dollar of the total
valuation for assessment of all taxable property within the City of Aspen for the year
2022; that a temporary mill levy rate reduction is authorized; and that the individual mill
levies are expressed in terms of the gross mill levy, the temporary mill levy rate reduction
shown in mill levy equivalents, and the net mill levy as shown below, which includes a
temporary credit of 1.069 mills for the General Purpose mill levy:
2023 Tax Rate
2023
Temporary
Credit
2023 Mill Levy
Rate
General Property Tax 5.410 1.069 4.341
Stormwater Fund 0.650 0.000 0.650
Total 6.060 1.069 4.991
2022 Assessed
Valuation
Updated Mill
Levy Rate
2023 Property
Tax
General Fund $2,008,903,130 2.171 $4,361,329
Asset Management Fund $2,008,903,130 2.170 $4,359,320
Total General Mill Levy 4.341 $8,720,648
Total Stormwater Mill Levy $2,008,903,130 0.650 $1,305,787
Refund/Abatements $2,008,903,130 0.013 $26,116
Total 2023 Property Tax 5.004 $10,052,551
SECTION 2
The City is hereby directed to certify and deliver this Amended Resolution to the
Board of County Commissioners for Pitkin County on or before December 15, 2022.
AMENDED AND RE-ADOPTED THIS 6th day of December 2022,
________________________
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk of the City of Aspen, Colorado,
do hereby certify that the foregoing is a true and correct copy of this Amended
Resolution #128, adopted by the City Council at its meeting held on December 6, 2022,
which Amended Resolution was adopted subsequent to public hearings on the City of
Aspen’s 2023 Municipal Budget and prior to the final day established by law for the
certification of the tax levy to Pitkin County, all was required by the Sections 9.8 and 9.9
of the Aspen Home Rule Charter.
_______________________
Nicole Henning, City Clerk
Page 1 of 3
MEMORANDUM
TO: Mayor and City Council
FROM: Richard Pryor, Chief of Police
THRU: Sara Ott, City Manager
DATE OF MEMO: November 14, 2022
MEETING DATE: December 6th , 2022
RE: Resolution # 137, Series of 2022, Approving an update to the
Intergovernmental Agreement between Pitkin County, Aspen
Valley Hospital, Aspen School District Town of Snowmass
Village and the City of Aspen for Mental Health and Substance
Use Services
REQUEST OF COUNCIL: Staff requests approval of Resolution # 137, Series of 2022
(Attachment “A”), authorizing the execution of an intergovernmental agreement (Attachment
“B”) between Pitkin County, Aspen Valley Hospital, Aspen School District, Town of Snowmass
Village, and the City of Aspen to continue offering mental health and substance use services in
the City of Aspen and Pitkin County.
PREVIOUS COUNCIL ACTION: In December 2017 Council approved an initial IGA for
calendar year 2018 bringing together multiple community stakeholders and respective funding to
collaborate with a single vendor to provide a “Mental Health Continuum of Care.” The IGA was
subsequently renewed and approved in 2019, 2020 & 2021.
BACKGROUND: Mental health disorders and substance misuse (“Mental Health”) symptoms
have a prominent presence in the City of Aspen and Pitkin County communities and have been
exacerbated by the COVID-19 pandemic. Taken together, results from the 2017 Regional
Community Health Assessment and the 2021 Community Mental Health Assessment show that
community members continue to experience a multitude of mental health challenges. While there
are many resources along the continuum of care (prevention, intervention, treatment, aftercare)
available in the community, there are numerous barriers to utilizing mental health services,
including a dearth of providers, long waiting lists, navigating and understanding the mental
health system, language barriers, lack of coordinated care, and affordability of care.
Funding agencies of Pitkin County engaged in a focused strategic planning process in 2017 with
the purpose of rapidly improving access to Mental Health programs and services by changing the
way funding is allocated to programs. These funders, originally Pitkin County, Aspen School
District, Aspen Valley Hospital, City of Aspen, with the addition of Town of Snowmass Village
in 2022 have agreed to collectively pool their funding to support mental health services for
specified community mental health coordination, integrated behavioral health care and school-
based services.
Page 2 of 3
This IGA was updated in 2020 to account for additional funds the City of Aspen had collected
through their tobacco tax and contribute to this IGA for Vital Mental Health Services to increase
the funding for a school counselor from a .6 FTE to a 1 FTE as well as $31,000 from Pitkin County
for employee incentives for the three Minds Springs positions funded through this agreement.
A similar funding partnership is to be continued through 2023 as defined in the IGA. Services
provided in the past via the IGA have included:
1. A community based mental health team staffed by Mind Springs Health
2. An integrated care team staffed by Mountain Family Health Services
3. School based licensed therapists staffed by Mind Springs Health
DISCUSSION - Adjustment to the IGA
There is one change to the IGA to account for the addition of the Town of Snowmass Village
(TOSV) as a “Participating Member” in the Agreement, with an individual funding level of
$80,000. The inclusion of TOSV will provide additional funds, perspective, expertise, and depth
in decision-making associated with providing vital mental health services for the community.
At the time of writing, the Pitkin County Board of County Commissioners had approved the IGA
at second reading at a public hearing on November 2nd 2022. Snowmass Village, Aspen Valley
Hospital and Aspen School District are in the process of seeking board approval of the IGA.
FINANCIAL/BUDGET IMPACTS:
This intergovernmental agreement is for a fourth year of service. Pitkin County will serve as the
fiscal agent through the Public Health Department. A procurement process is underway to select
a vendor(s) for 2023 services. Participating members agree to provide 2023 funding
contributions as follows:
Aspen School District $ 90,000
Aspen Valley Hospital $ 73,275
City of Aspen $107,550
Pitkin County Healthy Community Fund $304,985
Town of Snowmass Village $ 80,000
Total $655,810
Additionally, Pitkin County is providing office space at no cost at the Schultz Health and Human
Services building and Aspen School District is providing office space for a school therapist at the
Aspen Middle School at no cost.
City Council continues to fund approximately $99,000 per annum for the Human Services Officer
(HSO) position within the Aspen Police Department. In 2021 Council approved funding a second
HSO position because of the receipt of Harm Reduction grant funding. The grant is providing
approximately 2/3 of the cost of the second HSO with the City of Aspen contributing
approximately $34,000 p.a. The HSOs work closely with at-risk populations, including
individuals with mental health conditions and has a very close working relationship with Mind
Springs Health in implementing aspects of the Mental Health Continuum of Care as well as the
Co-Responder Program (PACT).
Page 3 of 3
RECOMMENDATION: Staff recommend that:
• City Council enter into the intergovernmental agreement that includes the Town of
Snowmass Village as an added partner and provide Pitkin County, as fiscal agent, payment
of $107,550 for 2023 services.
ALTERNATIVES: City Council could elect to revert to a system of fragmented funding to mental
health and substance use organizations or could elect to not distribute funds to any organization.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Attachment A: Resolution # 137, Series of 2022
Attachment B: Proposed Intergovernmental Agreement
ATTACHMENT A
RESOLUTION NO. 137
SERIES OF 2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN
UPDATED INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO,
ASPEN VALLEY HOSPITAL, ASPEN SCHOOL DISTRICT, TOWN OF SNOWMASS VILLAGE AND PITKIN
COUNTY, COLORADO FOR MENTAL HEALTH AND SUBSTANCE USE SERVICES AND AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID DOCUMENT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council an updated intergovernmental
agreement for mental health and substance use services, a draft copy of which document is
annexed hereto and made a part thereof.
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 an updated
intergovernmental agreement between the City of Aspen, Aspen Valley Hospital, Aspen School
District, Town of Snowmass Village and Pitkin County for mental health and substance use
services, a draft copy of which document is annexed hereto, and does hereby authorize the City
Manager of the City of Aspen to execute a final agreement on behalf of the City of Aspen, in
substantially the same form as attached hereto, subject to final approval by the City Manager
and City Attorney.
RESOLVED, APPROVED, AND ADOPTED this 6th day of December 2022, by the City
Council for the City of Aspen, Colorado.
___________________________
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 December 6, 2022.
_____________________________
Nicole Henning, City Clerk
Attachment B
INTERGOVERNMENTAL AGREEMENT
FOR THE PURCHASE OF VITAL MENTAL HEALTH SERVICES PROVIDED
BY SELECTED VENDOR
THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made this
______ day of ____________________, 2022 by and between the Board of County
Commissioners of Pitkin County, Colorado, whose address is 530 East Main Street, Suite
302 Aspen, Colorado 81611 ("the County”), Aspen School District (“ASD”), Aspen Valley
Hospital (“AVH”), City of Aspen (“COA”), and Town of Snowmass Village (“TOSV”)
hereinafter severally referred to by name or collectively as the “Participating Members”.
RECITALS
WHEREAS, This Agreement is entered into pursuant to, inter alia, C.R.S. §§ 29-1-201,
et seq., and Article XIV, Section 18 of the Colorado Constitution.
WHEREAS, Mental health disorders and substance misuse (“Mental Health”) symptoms
have a prominent presence in the Pitkin County community and have been exacerbated by
the COVID-19 pandemic. Taken together, the results from the 2017 Regional Community
Health Assessment and the 2021 Community Mental Health Assessment show that
community members continue to experience a multitude of mental health challenges.
While there are many resources along the continuum of care (prevention, intervention,
treatment, aftercare) available in the community, there are numerous barriers to utilizing
mental health services, including a dearth of providers, long waiting lists, navigating and
understanding the mental health system, language barriers, lack of coordinated care, and
affordability of care.
WHEREAS, Funding agencies of Pitkin County engaged in a focused strategic planning
process in 2017 with the purpose of rapidly improving access to Mental Health programs
and services by changing the way funding is allocated to programs. These Funders,
originally Pitkin County, Aspen School District, Aspen Valley Hospital, City of Aspen,
with the addition of Town of Snowmass Village in 2022 have committed to using funding
strategically to strengthen the system of care and improve service delivery.
WHEREAS, Participating Members agreed to collectively pool their funding in 2023 to
support Mental Health Services for specified community mental health, system
coordination, integrated behavioral health care and school based services.
WHEREAS, Participating Members have agreed to enter the contract with the current
Vendor, with use of individual funding levels identified under “Agreement” Heading of
page 4, Section 3 “Funding Allocation”, Subsection B “Cash Funding”.
WHEREAS, Participating Members do hereby collectively determine and declare that
this Intergovernmental Agreement is necessary, proper and convenient for the continued
fostering and preservation of the public health, safety and wellbeing.
Attachment B
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual promises and
agreements of the parties and other good and valuable consideration, the adequacy and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Effective _____________, except as expressly provided herein, this Agreement
shall replace and supersede all prior agreements of any kind between all or any of
the Participating Members and any or all other Participating Members hereto, to
the extent and for the limited purpose as such other agreements may be related to
the provision of funding collaborative and integrated mental health and substance
use prevention, intervention, crisis stabilization, treatment and case management
programs.
2. Effective _____________, Pitkin County will be the fiscal agent providing
payment to vendors selected in RFP process in the amount of $655,810 in 2023
for collaborative and integrated mental health and substance use prevention,
intervention, crisis stabilization, treatment, and case management programs per
the contract and approved in the County's 2023 budget. Once invoiced by Pitkin
County in Quarter one, Participating Members agree to pay in full.
3. Funding Allocation. The Participating Members agree to provide funding in
return for collaborative and integrated mental health and substance use
prevention, intervention, crisis stabilization, treatment and case management
programs as follows. By October each year, the selected vendor will provide the
County with a budget to fund collaborative and integrated mental health and
substance use prevention, intervention, crisis stabilization, treatment, and case
management programs for the next fiscal year. Participating Members will decide
funding allocation each October for use during the next fiscal year. Use of funds
will be established using majority vote, with representation from each funding
organization. The share for each entity will be determined as follows:
. In-Kind Contributions:
i. Aspen School District shall provide, at no cost, space on the
school campus for 3 youth and family clinicians serving the In-
School Therapy program. The value of this space is recognized
as $60,000 per year.
b. Cash Funding:
i. Aspen Valley Hospital agrees to pay $73,275 for the provision
of Vital Mental Health services provided by the Vendor, as well
Attachment B
as the personnel approved to administer the Mental Health
Access Program.
ii. Aspen School District agrees to pay $90,000 for the provision
of Vital Mental Health services provided by the Vendor, as well
as the personnel approved to administer the Mental Health
Access Program.
iii. City of Aspen agrees to pay $107,550 for the provision of
Vital Mental Health services provided by the Vendor, as well as
the personnel approved to administer the Mental Health Access
Program.
iv. Pitkin County agrees to pay $304,985 for the provision of
Vital Mental Health services provided by the Vendor, as well as
the personnel approved to administer the Mental Health Access
Program.
v. Town of Snowmass Village agrees to pay $80,000 for the
provision of Vital Mental Health services provided by the
Vendor, as well as the personnel approved to administer the
Mental Health Access Program.
c. Use of Excess Funds:
i. Savings from prior year’s contract is to be held in an assigned
fund balance. Decision making for use of funds, which may
include direct use of the funds or return of the funds, will be
established by common consensus of all Participating Members
annually.
4. Quality Assurance. Participating Members are committed to working together to
ensure that relevant performance measures are utilized for the purpose of ongoing
evaluation of services.
a. Pitkin County Human Services will be responsible for contract compliance
with the Vendor.
b. The Steering Committee agrees to meet quarterly to review performance
measures, financial expenditure and budget compliance.
c. Participating Members agree to assign staff to participate in operational
groups with the Vendor.
d. Participating Members agree to support this effort by participating in data
gathering efforts to understand service delivery and outcomes.
Attachment B
e. Participating Members agree to advocate for, and hold the Vendor
accountable in meeting equity expectations as outlined in the Scope of
Work.
5. Term and Extensions. This Agreement shall commence upon the date first
written above, and shall continue for two years from that date. This Agreement
may be renewed with the written consent of all Participating Members annually
by December 31st.
6. Assignability. This agreement is not assignable by either party.
7. Modification. This Agreement may be changed or modified only in writing by an
agreement approved by the respective Boards of the Governments and signed by
authorized officers of each party.
8. Entire Agreement. This Agreement constitutes the entire Agreement between the
parties and all other promises and agreements relating to the subject of this
Agreement, whether oral or written, are merged herein.
9. Severability. Should any one or more sections or provisions of this Agreement be
judicially adjudged invalid or unenforceable, such judgment shall not affect,
impair, or invalidate the remaining provisions of this Agreement, the intention
being that the various sections and provisions hereof are severable.
10. Termination Prior to Expiration of Term. Any Party has the right to terminate or
withdraw from this Agreement, with or without cause, by giving written notice to
the other Parties of such termination and specifying the effective date thereof. Such
notice shall be given at least ten (10) days before the effective date of such
termination. Termination of the Agreement relieves the cancelling or withdrawing
Party of any further responsibility under this Agreement except for specifically
identified obligations of a continuing nature based upon past performance under the
Agreement.
11. Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below
and by one of the following methods 1) hand-delivery or 2) registered or certified
mail, postage pre-paid to the mailing addresses set forth below. Each party by notice
sent under this paragraph may change the address to which future notices should be
sent. Electronic delivery of notices shall be considered delivered upon receipt of
confirmation of delivery on the part of the sender. Nothing contained herein shall
be construed to preclude personal service of any notice in the manner prescribed
for personal service of a summons or other legal process.
Attachment B
To: Pitkin County With copies to:
Jon Peacock, County Manager Pitkin County Attorney’s Office
530 East Main Street, Ste. 302 530 East Main Street, Ste. 301
Aspen, CO 81611 Aspen, CO 81611
jon.peacock@pitkincounty.com attorney@pitkincounty.com
To: Aspen Valley Hospital With copies to:
Dave Ressler, CEO Aspen Valley Hospital Attorney
0401 Castle Creek Road 0401 Castle Creek Road
Aspen, CO 81611 Aspen, CO 81611
dressler@aspenhospital.org generalcounsel@aspenhospital.org
To: City of Aspen With copies to:
Sara Ott, City Manager City of Aspen Attorney
130 South Galena Street 130 South Galena Street
Aspen, CO 81611 Aspen, CO 81611
sara.ott@aspen.gov attorney@aspen.gov
To: Aspen School District With copies to:
David Baugh, Superintendent Aspen School District Attorney
235 High School Road 235 High School Road
Aspen, CO 81611 Aspen, CO 81611
dbaugh@aspenk12.net attorney@aspenk12.net
To: Town of Snowmass Village With copies to:
Clint Kinney, Town Manager John Dresser, Town Attorney
130 Kearns Road 130 Kearns Road
P.O. Box 5010 P.O. Box 5010
Snowmass Village, CO 81615 Snowmass Village, CO 81615
ckinney@tosv.com jdresser@tosv.com
12. Government Immunity. The parties agree and understand that both parties are
relying on and do not waive, by any provisions of this Agreement, the monetary
limitations or terms or any other rights, immunities, and protections provided by
the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from
time to time amended or otherwise available to the parties or any of their officers,
agents, or employees.
13. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute
Attachment B
only currently budgeted expenditures of the parties. The parties’ obligations
under this Agreement are subject to each individual party’s annual right to budget
and appropriate the sums necessary to provide the services set forth herein. No
provision of this Agreement shall be construed or interpreted as creating a
multiple fiscal year direct or indirect debt or other financial obligation of either or
both parties within the meaning of any constitutional or statutory debt limitation.
This Agreement shall not be construed to pledge or create a lien on any class or
source of either parties’ bonds or any obligations payable from any class or source
of each individual party’s money.
14. Binding Rights and Obligations. The rights and obligations of the parties under
this Agreement shall be binding upon and shall inure to the benefit of the parties
and their respective successors and assigns.
15. Agreement made in Colorado. This Agreement shall be construed according to
the laws of the State of Colorado, and venue for any action shall be in the District
Court in and for Pitkin County, Colorado.
16. Attorney Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the substantially prevailing party, whether by final
judgment or out of court settlement, shall recover from the other party all costs
and expenses of such action or suit including reasonable attorney fees.
17. No Waiver. The waiver by any party to this Agreement of any term or condition
of this Agreement shall not operate or be construed as a waiver of any subsequent
breach by any party.
18. Authority. Each person signing this Agreement represents and warrants that said
person is fully authorized to enter into and execute this Agreement and to bind the
party it represents to the terms and conditions hereof.
The foregoing Agreement is approved by the Board of County Commissioners of
Pitkin County, Colorado at its regular meeting held on the _____ day of
, 2022.
The foregoing Agreement is approved by Aspen School District at its regular
meeting held on the _____ day of , 2022.
The foregoing Agreement is approved by Aspen Valley Hospital at its regular meeting
held on the _____ day of , 2022.
The foregoing Agreement is approved by City of Aspen at its regular meeting held on the
_____ day of , 2022.
Attachment B
The foregoing Agreement is approved by Town of Snowmass Village at its regular
meeting held on the _____ day of , 2022.
In Witness whereof, the parties hereto have caused this agreement to be executed as of
the day and year first above written.
ASPEN SCHOOL DISTRICT
By:_________________________
[Title]
ASPEN VALLEY HOSPITAL
By:_________________________
[Title]
CITY OF ASPEN
By:_________________________
[Title]
TOWN OF SNOWMASS VILLAGE
By:_________________________
[Title]
BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM
OF PITKIN COUNTY, COLORADO
By:_______________________ By:__________________________
Patti Clapper, Chair John Ely, County Attorney
Manager Approval: ATTEST
____________________________ _____________________________
Jon Peacock, County Manager Julia Ely, Deputy County Clerk
Form Revised 01-01-2022
MEMORANDUM
TO: Mayor and City Council
FROM: Jim Pratt, Golf Course Manager
Scott Chism, Director of Business Services
THROUGH: Austin Weiss, Parks and Recreation Director
MEMO DATE: November 28, 2022
MEETING DATE: December 6, 2022
RE: Project # 2022-319 Foley 653 Accu-Master AC Front Load Reel Grinder
Replacement
REQUEST OF COUNCIL:
The Golf Department is seeking City Council approval for a $56,954.17 purchase of a Foley 653 Accu-
Master AC Front Load Reel Grinder replacement machine from the vendor, Colorado Golf & Turf.
SUMMARY / BACKGROUND:
The Aspen Golf Club currently has a reel grinder that is now over 30 years old that is used regularly to
sharpen and maintain the blades on the City’s Jacobson mowers. This piece of equipment is imperative
to sharpen these reel blades properly and safely.
The key safety features that this reel grinder provides that the current one does not include automated
infeed cycles, completely enclosed unit with safety doors, automatic reel positions, programmable
memory, and internal vacuum system. These features allow the Golf Department’s maintenance staff to
perform the sharpening tasks safely and with great efficiency.
The proposed reel grinder machine is specific to Jacobson branded lawn mowers, which are the type of
mowers owned and utilized by the Aspen Golf Club. The machine procurement is proposed to be sole
sourced through Colorado Golf & Turf at a price of $56,954.17 since Colorado Golf & Turf is the
distributor of Jacobson and Jacobson support golf equipment in Colorado. The delivery of the Foley 653
Accu-Master AC Front Load Reel Grinder machine will take place 6-10 weeks after approval.
DISCUSSION:
The Aspen Golf Club has worked closely with the vendor, Colorado Golf & Turf, over many years.
Colorado Golf & Turf has built trust that their service and equipment are reliable and efficient. This piece
of equipment is essential to daily golf operations and the replacement of this reel grinder is specific to
the Jacobson mower equipment used at the Aspen Golf Club.
FINANCIAL/BUDGET IMPACTS:
The proposed procurement for the Foley 653 Accu-Master AC Front Load Reel Grinder was included in
the 2023 golf capital plan and budget, at $54,000. Increases in supply and shipping costs have
increased the price of this piece of equipment $2,954.17 over the budgeted allotment, but is not
anticipated to cause an issue within the overall budget for the Golf program at this time.
ENVIRONMENTAL IMPACTS:
The new reel grinder allows for Jacobson mower reels to be sharpened more safely and utilizing less
energy. This reel grinder features a new 2-minute spin grind setting that sharpens reels quicker and
more precisely. The City’s mowers will in turn utilize less energy to mow grass which also reduces our
carbon footprint by using less fuel.
ALTERNATIVES
Should Council elect not to purchase the proposed Foley 653 Accu-Master AC Front Reel Grinder
machine, the Aspen Golf Club staff would continue to use the current 30 year-old reel grinder
machine with it’s inefficiencies of safety, energy, and additional labor time.
STAFF RECOMMENDATIONS:
Staff recommends approval of Project #2022-319 in the value of $56,954.17 to upgrade and purchase
the Foley 653 Accu-Master AC Front Load Reel Grinder.
CITY MANAGER COMMENTS:
RESOLUTION #141
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND COLORADO GOLF & TURF, AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS there has been submitted to the City Council a Contract between
the City of Aspen and Colorado Golf & Turf for the sole source purchase of a
Foley 653 Accu-Master AC Font Load Reel Grinder machine. 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 Contract
Order for, $56,954.17 between the City of Aspen and Colorado Golf & Turf, 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 6th day of December, 2022.
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, December 6th, 2022.
Nicole Henning, City Clerk
DocuSign Envelope ID: 205E3599-F76E-4F22-AB6C-2234FAD03DC2 DocuSign Envelope ID: E3EDCD73-5533-4F99-A876-6AF266258545
See attached quote from Colorado Golf and Turf
CITY OF ASPEN STANDARD FORM OF AGREEMENT
SUPPLY PROCUREMENT
City of Aspen Project No.: _2022-319.
AGREEMENT made as of 9th day of November, in the year 2022.
BETWEEN the City:
Contract Amount:
And the Vendor:
Summary Description of Items to be Purchased:
Exhibits appended and made a part of this Agreement:
The City and Vendor agree as set forth below.
Total: $56,954.17
Colorado Golf and Turf
c/o Kyle Postlethwaite
11757 S. Wadsworth Blvd.
Littleton, CO 80125
New Foley 653 Accu-Master AC Front Reel Grinder; replacement of 30 year-old machine.
If this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date:
Resolution No.:
The City of Aspen
c/o Jim Pratt
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5055
DocuSign Envelope ID: 205E3599-F76E-4F22-AB6C-2234FAD03DC2 DocuSign Envelope ID: E3EDCD73-5533-4F99-A876-6AF266258545
1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A
appended hereto and by this reference incorporated herein as if fully set forth here for the sum
set forth hereinabove.
2. Delivery. (FOB 39551 Hwy 82, Aspen, CO 81611)
[Delivery Address]
3. Contract Documents. This Agreement shall include all Contract Documents as the
same are listed in the Invitation to Bid and said Contract Document are hereby made a part of
this Agreement as if fully set out at length herein.
4. Warranties.
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure
to the benefit of and be binding upon the City and the Vendor respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
6. Third Parties. This Agreement does not and shall not be deemed or construed to
confer upon or grant to any third party or parties, except to parties to whom Vendor or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Vendor
because of any breach hereof or because of any of the terms, covenants, agreements or
conditions herein contained.
7. Waivers. No waiver of default by either party of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the other party shall be construed, or
operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
8. Agreement Made in Colorado. The parties agree that this Agreement was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to
be exclusively in the courts of Pitkin County, Colorado.
9. Attorney’s Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney’s fees.
10. Waiver of Presumption. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of the
parties in the negotiation, review or drafting of the Agreement.
11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is
DocuSign Envelope ID: 205E3599-F76E-4F22-AB6C-2234FAD03DC2 DocuSign Envelope ID: E3EDCD73-5533-4F99-A876-6AF266258545
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in any transaction with a Federal or State department or agency. It
further certifies that prior to submitting its Bid that it did include this clause without modification
in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event
that Vendor or any lower tier participant was unable to certify to the statement, an explanation
was attached to the Bid and was determined by the City to be satisfactory to the City.
12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(A) Vendor warrants that no person or selling agency has been employed or retained to solicit
or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Vendor for the purpose of
securing business.
(B) Vendor agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(C) Vendor represents that no official, officer, employee or representative of the City during
the term of this Agreement has or one (1) year thereafter shall have any interest, direct or
indirect, in this Agreement or the proceeds thereof, except those that may have been
disclosed at the time City Council approved the execution of this Agreement.
(D) In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a vendor, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Vendor; and
4. Recover such value from the offending parties.
13. Termination for Default or for Convenience of City. The sale contemplated by this
Agreement may be canceled by the City prior to acceptance by the City whenever for any reason
and in its sole discretion the City shall determine that such cancellation is in its best interests and
convenience.
14. Fund Availability. Financial obligations of the City payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available. If this Agreement contemplates the City using state or federal funds to meet its
DocuSign Envelope ID: 205E3599-F76E-4F22-AB6C-2234FAD03DC2 DocuSign Envelope ID: E3EDCD73-5533-4F99-A876-6AF266258545
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
15. City Council Approval. If this Agreement requires the City to pay an amount of
money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City
Council of the City of Aspen.
16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap,
or religion shall be made in the employment of persons to perform under this Agreement.
Vendor agrees to meet all of the requirements of City’s municipal code, section 13-98, pertaining
to nondiscrimination in employment. Vendor further agrees to comply with the letter and the
spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and
federal laws respecting discrimination and unfair employment practices.
17. Integration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and oral agreements of the parties. In addition, vendor understands that no City
official or employee, other than the Mayor and City Council acting as a body at a council
meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on
behalf of the City. Any such Agreement or modification to this Agreement must be in writing
and be executed by the parties hereto.
18. Authorized Representative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Vendor for the purposes of executing this Agreement and that he/she has full
and complete authority to enter into this Agreement for the terms and conditions specified
herein.
19. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement
to be duly executed the day and year first herein, of which, to all intents and purposes, shall be
considered as the original.
DocuSign Envelope ID: 205E3599-F76E-4F22-AB6C-2234FAD03DC2 DocuSign Envelope ID: E3EDCD73-5533-4F99-A876-6AF266258545
FOR THE CITY OF ASPEN:
By:
Aspen City Manager
Date
Approved as to form:
City Attorney’s Office
SUPPLIER:
By:Kyle Postlethwaite
Turf Equipment Sales
Title
11/10/2022 | 4:19:13 PM MST
Date
DocuSign Envelope ID: 205E3599-F76E-4F22-AB6C-2234FAD03DC2 DocuSign Envelope ID: E3EDCD73-5533-4F99-A876-6AF266258545 Exhibit A
11757 S. Wadsworth Blvd.
Littleton, CO 80125
Phone: (303)761-3332
Toll Free: (800)634-7823
Fax: (303)781-3372
QUOTATION
TO: Aspen Golf Club RE: Foley 653 Accu-Master AC Front Load Reel Grinder
39551 Highway 82
Aspen, CO 81611
ATTN: Curt Gosnell E-MAIL: curt.gosnell@cityofaspen.com
PHONE: 970-274-1565
DATE:
10/17/2022
DELIVERY:
TBD
FOB:
CGT
VIA:
CGT
SALESMAN:
Kyle Postlethwaite
QUANTITY ITEM NUMBER DESCRIPTION UNIT PRICE AMOUNT
1 NEW Foley 653 Accu-Master AC Front Load Reel Grinder $54,775.00 $54,775.00
Accu-Touch 3 Controls
Automated Infeed Cycles for Spin and Auto-Index Relief Grinding
Completely Enclosed with Safety Glass Doors
Automatic Reel Positions
Pre-Programmed Settings / Programmable memory
Internal Vacuum System
1 Additional Accessories:
Boom & Electric Hoist (Front Loading) $2,179.17 $2,179.17
SUBTOTAL $56,954.17
TOTAL PRICE $56,954.17
***This quote is valid for 30 days. The above total does not include any applicable state and local sales or use taxes***
**Pricing is subject to manufacturer surcharge(s) at time of delivery**
BY: Kyle Postlethwaite PHONE: (303)761-3332
ACCEPTED BY: DATE:
MEMORANDUM
TO: Mayor Torre and City Council
FROM: Tessa Schreiner, Sustainability Manager
THRU: CJ Oliver, Environmental Health and Sustainability Director; Phillip
Supino, Community Development Director
MEMO DATE: November 25, 2022
MEETING DATE: December 6, 2022
RE: CORE 2023 Funding for Foundational Programming
REQUEST OF COUNCIL:
This memo and attached resolution are required for administrative purposes. Each year,
City Council approves the use of Renewable Energy Mitigation Program funds by the
Community Office for Resource Efficiency (CORE) during City Council’s annual budget
approval process (fall 2022). Additional approval is then required, via resolution, to add
detail to how the REMP funding will be managed and applied across the community. Staff
requests City Council’s approval of the attached Resolution #148_2022 that details the
planned expenditures for Renewable Energy Mitigation Program (REMP) funds by CORE
in 2023. This request is for $850,000 to support CORE’s carbon emissions reduction
programs. This funding amount was approved by City Council during the annual budget
process.
SUMMARY AND BACKGROUND:
REMP funds are collected by the City of Aspen for projects when on-site mitigation with
renewable energy systems is not an option to offset excess energy use from snowmelt,
hot tubs or spas. These funds are then held by the City of Aspen and authorized by City
Council for use on projects that reduce greenhouse gas emissions across the community.
CORE was established in 1994 by a group of visionary citizens, local governments, and
utilities to help the community save energy and cut carbon emissions to mitigate climate
change. CORE’s mission, updated in 2019, is ‘Leading the Roaring Fork Valley to a net-
zero carbon free future’. CORE also supports innovative technologies to achieve these
reductions and drive regional change.
Key CORE Accomplishments in 2022:
• CORE launched a new fundraising initiative in 2022, securing $460,000 to date
and another $450,000 pledged in 2023.
• CORE’s marketing and outreach efforts in 2022 achieved 26 newspaper articles,
including 17 earned articles and one guest commentary, as well as 21,000+
reached through social media and newspaper advertising.
• CORE helped homeowners complete projects saving them a total of
$186,255/year in utility bills.
• CORE provided 91 free energy assessments and over $90,000 in grants to
APCHA homeowners
• CORE collaborated with the City of Aspen to implement the City's Building IQ
program. To date, over 20 large commercial buildings have received energy
assessments and provided CORE with their utility usage data.
For more information on CORE’s accomplishments, see Attachment B.
DISCUSSION:
CORE governance and staff leadership have engaged in a significant strategic and
operational pivot to achieve greater sustainable mission impact in the coming years.
Following months of organizational assessments and operational shifts with the support
of a transitional executive leadership consultant, in August 2022, the CORE Board
selected a new CEO, Dallas Blaney. Dallas’s focus since August has been to expand
funding diversification, develop a 3-5 year strategic plan for CORE, and focus climate
action initiatives around high-impact opportunities and strengthen transparency and
accountability,
CORE’s 2023 Workplan:
• Implement the Building IQ program in partnership with City of Aspen.
• Identify and offer technical assistance and incentives for commercial and
residential energy efficiency projects (public, private and non-profit) with a focus
on accessibility for LMI/Income Qualified residential in partnership with APCHA.
• Further develop long range alternative fund development strategies to sustainably
increase non-REMP funds by 2023.
• Deliver enhanced marketing, communications and engagement capacity through
CORE’s Energy Concierge and automated web-based support resources and
refined social media and web presence.
FINANCIAL IMPACTS:
CORE has requested funding from REMP in the amount of $850,000 and this amount
was adopted in the 2023 City of Aspen budget. This more detailed accounting of how the
funds will be prioritized provides City Council with the confidence that REMP funds are
being used to dramatically reduce greenhouse gas emissions in the community and are
delivering on Aspen City Council’s goals.
ENVIRONMENTAL IMPACTS: The environmental impact will be a decrease in carbon
emissions in the Roaring Fork Valley. In 2022, CORE’s goal for emissions reduction was
1,035 MtCo2e, which has already been exceeded.
Attachments:
Attachment A: Resolution #148, Series 2022
Attachment B: CORE 2022 Accomplishments Graphic
City Manager Comments:
1
RESOLUTION #148
(Series of 2022)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AUTHORIZING THE
EXPENDITURE OF FUNDS GENERATED THROUGH THE RENEWABLE ENERGY
MITIGATION PROGRAM.
WHEREAS, on December 13, 1999, the City Council approved Ordinance No. 55 Adopting the
Aspen/Pitkin Energy Conservation Code; and
WHEREAS, the Aspen/Pitkin Energy Conservation Code allows that funds collected through the
Renewable Energy Mitigation Program (REMP) be spent in accordance with a resolution passed
by the Aspen City Council; and
WHEREAS, the Community Office for Resource Efficiency (CORE) uses REMP funds to
support City Council’s carbon reduction goals and community greenhouse gas emissions
reductions through the delivery of programs, tools, and services; and
WHEREAS, the specific funding amounts total $850,000 and are assigned in the following way:
● Energy Efficiency (Commercial & Residential) $487,000
● Outreach, Engagement, Planning & Consultation $225,000
● Indirect/Administrative Overhead $88,000
● Small Lodge Energy Efficiency Program (SLEEP) $50,000
WHEREAS, the City Council of the City of Aspen finds that the funding requests are
appropriate; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves the funding allocation to the
Community Office for Resource Efficiency that sets forth the terms and conditions of the use of
Renewable Energy Mitigation Program funds, a description of which is incorporated herein.
Dated: December 6, 2022
______________________________
Torre, Mayor
2
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 December 6, 2022.
______________________________
Nicole Henning, City Clerk
Taking Action
Thriving Community
Making a Big Impact:
CORE’s 2022 Successes
You live here because you love the stunning natural environment.
It’s awe-inspiring. It’s your home. And it’s irreplaceable.
Help us protect this extraordinary place.
*Numbers were calculated from 1/1/22 - 10/31/22
IMPROVING OUR QUALITY OF LIFE
CORE SAVED
Homeowners $186,255Making It Easier to Live Here
CORE PARTNERED with APCHA to Offer91 FREE Energy Assessments
Aspencore.org
Taking Action
Innovation MASSIVE, NEW SOLUTIONS TO REACH CLIMATE GOALS
Sustainable Future
SAVED 4,846 Metric Tons of CO2 = Burning 585,000 Gallons of Gas
1.3M F3 Methane Escaping Per Day
500 Cars
On the RoadPer Day
HELPED BUSINESSES IMPROVE
THEIR BOTTOM LINE
SLOWING THE PACE OF CLIMATE CHANGE
$601,733 for Commercial Energy E ciency Projects
PROVIDED 27Commercial Energy Assessments
REGIONALLY - Preventing greenhouse gasses from
escaping the Coal Basin Mine Complex and polluting our air.
LOCALLY - Connecting partners to
modernize the energy system.
CORE_Annual Appeal Infographic.FFO.indd 1 11/9/22 12:29 PM
MEMORANDUM
TO: City Council
FROM: Kids First - Nancy Nichols and Megan Monaghan
THROUGH: Diane Foster, Assistant City Manager
Sara Ott, City Manager
MEMO DATE: November 28th, 2022
MEETING DATE: December 6th, 2022
RE: Resolution # 151 of 2022
Ajax Cubs lease
REQUEST OF COUNCIL: Please consider Resolution # 151 of 2022, approving a three-
year lease option for of space including rooms 2, 4, 5,6 and storage space in the Yellow
Brick for Ajax Cubs.
SUMMARY AND BACKGROUND: In October 2022 Kids First received an operations
proposal from Ajax Cubs in response to RFP – Early Childhood Organization to operate
three room at the Yellow Brick.
Ajax Cubs has agreed to operate four classrooms at the Yellow Brick and would like to
secure a lease for the first year 2023 and have the option for two, 1-year lease terms. The
lease will require Ajax Cubs to give notice in writing 60 days in advance with their intent
to extend the lease for an additional year. By securing a lese with these terms Ajax Cubs
will operate a full-time childcare program increasing childcare capacity at the Yellow Brick
beginning January 2023 and ensure that Ajax Cubs has the first option to continue care
as agreed in the lease.
DISCUSSION: As part of their bi-annual goal setting, on August 10, 2021, City Council
adopted Resolution #76_Series 2021, which directed staff to increase the number of
available childcare spaces.
This will be accomplished through:
1. Plan, design to repurpose or build new buildings to add physical capacity to
increase available childcare space.
2. Increase the recruitment and retention of qualified early childhood teachers.
3. Generate funding to support the development of new childcare spaces.
The Kids First Advisory Board, in support of Council’s capacity goal, directed staff to
secure a Yellow Brick lease for the spaces that include rooms 2, 4, 5 and 6 and that the
lease would require this tenant to provide care five days a week effective January 1, 2023.
The impact of four new childcare classrooms for children ages 3 months to 5 years will
be felt through available care for approximately 40 or more children. With care being
offered a minimum of 200 days a year. A lease with Ajax Cubs will offer greatly needed
capacity that was lost with the closing of Playgroup Aspen in July 2022.
Reasons to consider approving this request:
• The lease will secure a new childcare provider, Ajax Cubs, who will provide
childcare at the Yellow Brick for a minimum of 1 year, with extensions anticipated
and as an option to the lease.
• Ajax Cubs will be operating a minimum of 5 days a week with hours including a
minimum of 8:00am to 4:00pm daily, for a minimum of 200 days a year.
• Ajax Cubs has experience providing childcare in this community and will offer
quality childcare that is desperately needed.
Reasons to consider denying this request:
• Offering a lease with this option doesn’t allow for changes in the lease for the next
3 years.
FINANCIAL IMPACTS: The financial impact, would increase recently lost revenue for the
operation of the Yellow Brick.
ENVIRONMENTAL IMPACTS: With a new childcare program at the Yellow Brick building
there will be an increased number of car trips by families to and from the facility for daily
drop off and pick up.
ALTERNATIVES: City Council could deny this request. Ajax Cubs could choose to
operate at a different location.
RECOMMENDATIONS: Staff recommends City Council approve this request for Ajax
Cubs one year lease with the option to extend yearly for 2 years. The lease can be found
in Exhibit A.
CITY MANAGER COMMENTS:
RESOLUTION #151
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A LEASE AGREEMENT BETWEEN THE CITY
OF ASPEN AND AJAX CUBS, LLC, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID LEASE AGREEMENT ON BEHALF OF THE
CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Lease
Agreement for lease of space at the Yellow Brick between the City of Aspen and
Ajax Cubs, LLC, 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 Lease
Agreement between the City of Aspen and Ajax Cubs, LLC, a copy of which is
annexed hereto and incorporated herein and does hereby authorize the City
Manager to execute said Lease Agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 6th day of December 2022.
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 December 6, 2022.
Nicole Henning, City Clerk
1
YELLOW BRICK LEASE AGREEMENT
BETWEEN THE CITY OF ASPEN
AND
Ajax Cubs
This LEASE AGREEMENT, made and entered into this _________________________ the City of
Aspen (hereinafter referred to as "Landlord"), whose address is 427 Rio Grande Place., Aspen, Colorado,
81611 and Ajax Cubs (hereinafter referred to as "Tenant") whose address is 215 N. Garmisch, Aspen, Co.
WITNESSETH:
Section 1. Leased Premises.
In consideration of the mutual covenants and agreements set forth herein Landlord does hereby lease to
Tenant and Tenant does hereby rent from Landlord the following described Leased Premises ("Leased
Premises”) within the City owned building located at 215 N. Garmisch Street, Aspen, CO (“Building”).
Monthly rent and pro-rated shares of utilities will be billed monthly to the tenant.
Square
Footage
Rent
for
2022-
23
space
Rent
2023-
2025
Annual
sum
Annual
Rounded Monthly
Monthly
Rounded
Classroom 4 827 11.00 11.34 9378.18 9379.00 781.58 782.00
11.68 9659.53 9660.00 805.00 805.00
12.03 9949.15 9950.00 829.17 830.00
Classroom 5 784 11.00 11.34 8890.56 8891.00 740.92 741.00
11.68 9157.12 9158.00 763.17 764.00
12.03 9431.83 9432.00 786.00 786.00
Classroom 6 783 11.00 11.34 8879.22 8880.00 740.00 740.00
11.68 9145.44 9146.00 762.17 763.00
12.03 9419.80 9420.00 785.00 785.00
Bath 1 ( 5 & 6) 70 11.00 11.34 793.80 794.00 66.17 67.00
11.68 817.60 818.00 68.17 69.00
12.03 842.13 843.00 70.25 71.00
Classroom 2 823 11.00 11.34 9332.82 9333.00 777.75 778.00
11.68 9612.64 9613.00 801.08 802.00
12.03 9901.02 9902.00 825.17 826.00
Storage 225.00 231.75 2781.00 2781.00 231.75 232.00
238.70 2864.43 2865.00 238.75 239.00
245.86 2950.33 2951.00 245.92 246.00
Totals 2023 40058.00 3338.17 3339.00
Totals 2024 41260.00 3438.33 3439.00
Totals 2025 42498.00 3541.50 3542.00
November 24th, 2022
2
The areas of the Building referred to herein as Common Areas include central hallways, kitchens, east
bathrooms, lower-level bathroom, gymnasium, kitchen, and laundry room. Common area does not include
classroom space, office space, storage space and bathrooms used entirely by childcare programs and
included in your rented premises. Common Areas are provided at no charge for the use by the Building
tenants; it is the tenants responsibility to maintain any improvements to the common areas. Examples
include but are not limited to sand and play equipment, or appliances. Tenants are not charged for the use
of the common space but must work in partnership with other tenants regarding the use of the common
space. The Landlord expressly reserves the right to withhold its consent to any change of use or purpose in
its unrestricted discretion.
Section 2. Term.
The Term of this Lease shall commence January 1st, 2023 and shall terminate on December 31, 2023,
unless renewed or otherwise terminated as set forth below.
The Tenant shall have the right to extend the term of the lease for an additional year, commencing
January 1, 2024, and terminating December 31, 2024, by giving notice to the Landlord of the intent to
extend the lease in writing no later than October 1, 2023.
The Tenant shall have the right to extend the term of the lease for an additional year thereafter,
commencing January 1, 2025, and terminating December 31, 2025, by giving notice to the Landlord of
the intent to extend the lease in writing no later than October 1, 2024.
Section 3. Rent.
Tenant shall pay Landlord at the address of the Landlord or at such other place as Landlord may from time
to time designate in writing to Tenant, without any prior demand therefore and without any deduction or
setoff whatsoever, an annual rental for the Leased Premises in monthly installments in accordance with the
following schedule:
* Monthly rent and annual rent shall increase by 3% effective January 1 of each year that
this lease remains in effect.
This annual Rent shall be payable in monthly installments due on the first day of each calendar month during
the term hereof without prior demand. Rent shall be delivered or mailed to The City of Aspen/Kids First at
215 N. Garmisch, Suite #1, Aspen, CO 81611
3
Section 4. General Conditions.
The parties hereto agree that the General Conditions to the Yellow Brick Lease Agreement appended
hereto as Exhibit A is incorporated herein as if fully set forth here and shall constitute essential terms and
conditions of this Lease Agreement.
IN WITNESS WHEREOF, the Landlord and Tenant have executed this Lease Agreement on the day and
year first above written.
LANDLORD: CITY OF ASPEN
By Title: ____________________________
TENANT: _____________________________________
By Title: ___________________________
Owner/Director
Owner
Ajax Cubs
4
EXHIBIT A
GENERAL CONDITIONS TO
YELLOW BRICK LEASE AGREEMENT
The following General Conditions constitute essential terms and conditions to Lease Agreements governing
the rental of space within the City owned Yellow Brick managed by Kids First. Kids First is a childcare
resource center that promotes quality, affordable childcare choices in the City of Aspen. It manages the
Yellow Brick Center for the City of Aspen and as such, is the Landlord’s designated representative in all
matters related to the lease Agreement.
ARTICLE I
Security Deposit
Tenant shall, on or before, the commencement of the Term of the Lease Agreement, deposit with Landlord
as security for the performance of all terms, covenants, and conditions of this Lease, the sum of $0.00. This
deposit shall be retained by Landlord until the expiration of the Lease, and any renewals or extensions
thereof, at which time the deposit shall either be returned to Tenant or retained by Landlord in accordance
with the provisions of CRS 38-12-101, et seq. In no way is it understood or to be construed that this security
deposit is to be considered as the final rental payment due under this Lease.
ARTICLE II
Penalties for Late Payment of Rent
1. If the Tenant fails to pay monthly installments of:
a. the Rent per Section 3 of the Lease Agreement; or
b. the utilities assessment per Section 5 of these General Conditions; or
c. the insurance assessment per Section 6; of these General Conditions.
d. or the Common Area maintenance assessment per Section 7 of these General Conditions.
e. or the tax assessment per Section 8 of these General Conditions.
by the tenth (10th) day of the month in which it is due, Tenant shall be responsible for a penalty of an
additional five percent (5%) of the monthly Rent.
2. The Landlord need not give any notice to be entitled to this payment, and such additional rentals or
penalties shall in no way be construed to limit the Landlord's remedies in the event of such default,
which remedies shall in all cases hereunder be deemed to be cumulative.
3. In the event all or part of the Rent as described in Section 1 of this Lease Agreement is delinquent
beyond the 30th day of the month in which it is due, the delinquent amount shall bear interest at the rate
of one and one-half percent (1.5%) per month.
5
ARTICLE III
Utilities.
1. Tenant shall pay to the appropriate utility service provider for all utilities, including but not limited to,
trash removal, telephone, water, internet, cable, gas and electricity, separately supplied or separately
metered to the Leased Premises.
2. Tenant shall pay to Landlord its pro rata shares of the Common Area utility costs for the Building. The
Common Area utility costs shall include gas (heat), electric, water and sewer costs, security measures,
and trash removal. The Common Area utility costs shall be payable monthly within ten (10) days of
receipt of an invoice from the Landlord.
3. Landlord shall not be liable in damages or otherwise for any interruption or failure of any utility serving
the Leased Premises when such interruption or failure is not due to the negligence of Landlord.
4. Tenant further agrees that Tenant will not install any equipment which will exceed or overload the
capacity of any utility facility, and that if any equipment installed by Tenant shall require additional
utility facilities; the same shall be installed and maintained at Tenant's expense in accordance with the
plans and specifications which have received prior written approval by Landlord.
ARTICLE IV
Insurance
1. Tenant, at its own expense, shall maintain in full force during the Term of the Lease Agreement policies
of comprehensive insurance, including property damage, written by one or more responsible insurance
companies licensed to do business in Colorado which will insure Tenant, Landlord and the City of
Aspen against liability for injury to persons and/or property, and death of any person or persons
occurring in or about the Premises. Each policy shall be approved as to form and insurance company by
Landlord. The liability under such insurance shall not be less than $1,000,000 for any one person injured
or killed, and not less the $1,000,000 for any one accident, and not less than $100,000 property damage.
If in the considered opinion of Landlord's insurance advisor, the amount of such coverage is not
adequate, Tenant agrees to increase that coverage to such reasonable amounts that Landlord's advisors
shall deem adequate. The policies shall name as insured parties, Tenant, Landlord, the City of Aspen
and any persons, firms or corporations designated by Landlord, and shall contain a clause that the insurer
will not cancel or change the insurance without first giving the Landlord thirty (30) days' prior written
notice. A copy of the policy or a certificate of insurance shall be delivered to the Landlord. If Tenant
fails to comply with this paragraph, Landlord shall have the right to obtain the said insurance and pay
the premiums therefore, and in such event the entire amount of such premium shall be immediately paid
by Tenant to Landlord.
2. The Tenant agrees that it will at all times during the lease term maintain in full force and effect on all
its furniture, fixtures and equipment in the Leased Premises a policy or policies of fire insurance with
the standard extended coverage endorsement attached to the extent of at least eighty percent (80%) of
their insurable value, the proceeds of which will, so long as this Lease is in effect, be used for the repair
or replacement of fixtures and equipment so insured. It is understood that the Landlord shall have no
interest in the insurance upon Tenant's equipment and fixtures and will sign all documents necessary or
proper in connection with the settlement of any claim or loss by Tenant.
6
3. Landlord shall pay the cost of fire, casualty, liability, and extended coverage insurance covering the
Leased Premises against loss or damage by fire and by other risks now or hereafter embraced by
"extended coverage," so called, in amount of the full insurable value of the Leased Premises (both the
exclusive and nonexclusive premises.)
ARTICLE V
Taxes
Tenant shall pay before delinquency any and all tax assessments, property taxes levied on its leasehold
interest, license fees, and public charges levied or assessed or imposed which become payable during the
term hereof upon Tenant's furniture, fixtures, appliances and personal property, installed or located in the
Leased Premises.
ARTICLE VI
Permitted Uses.
1. Tenant shall use the Leased Premises for childcare and for no other purpose without Landlord's written
consent. Childcare shall be defined as care for a child aged birth to 5 years, and not having entered
Kindergarten. Priority for classroom space shall be determined by the Kids First Advisory Board and
approved by Aspen City Council. Leases will be approved for specific ages, scheduling, and numbers
of children to be served in each room. Classroom space will be available based on the following
performance standards and criterion:
The Leased Premises shall be used for in-session childcare a minimum of four days (4) per week Monday
through Friday, a minimum of eight (8) hours per day, including the hours of 9:00 am to 4:00 pm of each
day, and a minimum of 200 days of operation per year.
a. Effective use of the space - Effective use of the space will be based on a monthly average number
rather than a percentage, with the following applicable minimums:
1) Preschool classrooms: minimum of 12 children
2) Toddler classroom: minimum of 9 children that includes all children over age 2
3) Toddler classrooms: minimum of 6 children that includes children under age 2
4) Infant classrooms: minimum of 6 children.
If a classroom is not filled pursuant to these requirements for a period of 60 days, the Tenant will be required
to submit a plan to bring the room back into compliance with this Lease Agreement capacity requirement.
Notwithstanding the foregoing, Tenant must use reasonable efforts to attempt to always maintain this
capacity requirement. Kids First Advisory Board will determine, in its sole discretion, whether the plan is
acceptable and whether Tenant used reasonable efforts to attempt to maintain the required capacity. The
Leased Premises may be made available to another childcare provider at the sole discretion of Kids First
Advisory Board at any time after the 60-day period of non-compliance, if a plan is not acceptable to the
Board. In such a case, the failure to maintain the minimums shall constitute an event of default under Article
XVI of the Lease Agreement and the Lease Agreement shall be terminated, and the Tenant required to
vacate the premises.
7
➢ Colorado Childcare Assistance Program (CCCAP) Obligation- Childcare tenants in the Yellow
Brick Building are required to maintain a current fiscal agreement (with Pitkin, Eagle, and
Garfield Counties) to serve CCCAP funded children. It is the program’s responsibility to keep
the current fiscal agreement on file on the premises.
If a space is available, a CCCAP funded child cannot be denied enrollment. A CCCAP funded
child may be on a waitlist for an available space and would not receive higher priority than other
children already on the wait list. Kids First childcare financial aid will reimburse the childcare
program for any difference in payment between what CCCAP pays vs. what the program charges,
if there is a difference in the per day rate
➢ Community Accessibility - Priority will also be given to childcare providers offering the
hours and year-round scheduling most in demand. Priority will be given to current tenants
of the Yellow Brick Building as long as performance standards are met.
➢ Prompt payment of rent.
➢ Maintenance, safety and cleanliness of rooms as determined by the fire department and the
health department inspections.
➢ Responses and communication with the landlord - notices from landlord responded to in a
timely manner, and written notice given for any change to the leased space.
2. Landlord expressly reserves the right to withhold its consent to any change of use or purpose in its
unrestricted discretion.
ARTICLE VII
Prohibited Uses.
1. The Leased Premises may not be used to provide childcare for children that are over 5 years of age or
have attended Kindergarten without the express written permission of the Landlord.
2. Tenant will not use, occupy, or permit the Leased Premises, or any part thereof, to be used or occupied
for any unlawful or illegal business, use, or purposes deemed by the Landlord to be disreputable, or
hazardous, not in such manner as to constitute a nuisance of any kind, nor for any purpose or in any way
in violation of any present or future laws, rules, requirements, orders, directions, ordinances or
regulations of the United States of America, State of Colorado, County of Pitkin, City of Aspen, or other
municipal, governmental, or lawful authority whatsoever.
3. Tenant shall not do or permit anything to be done in or about the Premises or bring or keep anything
therein which will in any way increase the rate of fire insurance upon the Building wherein the Premises
are situated. Tenant shall, at its sole cost and expense, comply with any and all requirements pertaining
to the Premises of any insurance company necessary for the maintenance of reasonable fire and public
liability insurance covering the Leased Premises. Tenant shall promptly comply with all laws,
ordinances, orders, and regulation affecting the Premises and the cleanliness, safety, and use of the same,
including installation of additional facilities as required for the conduct and continuance of Tenant's
business on the Leased Premises. No auction for fire or bankruptcy sales may be conducted on the
Premises without Landlord's consent.
8
ARTICLE IIX
Nuisance and Cleanliness
1. Tenant covenants that it will exercise the highest duty of care to maintain the Leased Premises in a clean
condition and to provide for sufficient trash and garbage service.
2. Tenant shall not permit any noxious or offensive odors to exist in or around the Leased Premises. A
breach of this obligation by the Tenant shall constitute a material breach of this Lease.
3. Tenant shall not perform any act or carry on any practices which may injure the Building of which the
Leased Premises form a part or be a nuisance or menace to other Tenants in said Building. A breach of
any of the terms or conditions contained in this Article X shall constitute a material breach of this Lease.
4. Tenant shall be responsible for any interior maintenance and improvements to Tenant’s space. Any
permanent improvements or remodels to Tenant’s space to include, but not necessarily limited to, paint,
carpet or flooring, lighting or interior structural changes shall be the responsibility of Tenant. All such
improvements or remodels shall require the prior written approval of Landlord.
5. Landlord may, in its sole discretion, require Tenant to return the Tenant’s space to its original condition
at the time of default or abandonment of the lease.
ARTICLE IX
Repairs, Alterations, and Improvements
1. Landlord shall keep in good order, condition, and repair, the exterior foundation, exterior walls (except
the interior faces thereof), down spouts, gutters and roof, electrical systems, the plumbing and sewage
system outside the Building. Landlord’s responsibility under this section shall not apply to any damage,
caused by any act of negligence of Tenant, its agents, employees, invitees, lessees or contractors.
2. Tenant shall at all times keep the Leased Premises and all partitions, doors, door jams, door closures,
door hardware fixtures, equipment and appurtenances thereof (including electrical lighting, heating,
plumbing and plumbing fixtures and any air conditioning system, including accessories under the
control of Tenant) in good order, condition, and repair, including replacements (including reasonable
periodic painting as determined by Landlord), damage by unavoidable casualty excepted, except for
structural portions, by reason of Tenant's negligent acts or omission to act. Landlord may add the cost
of such repairs in the next installment of rent which shall thereafter become due.
3. Tenant shall not have the right to make any alterations, improvements, and/or additions to the Leased
Premises without first obtaining Landlord's written consent.
4. Tenants are responsible for their interior upkeep and improvements or remodels which may include
paint, carpet or flooring, lighting or interior structural changes.
5. The Landlord may require (upon its discretion) that the Tenant return the Leased Premises to the
original condition prior to alteration at the time of forfeiture of lease.
9
6. All areas of the building that are not defined as common areas, including restrooms, shall be
maintained, and cleaned by Tenant.
ARTICLE X
Landlord Not Liable for Damages
Landlord shall not be liable to Tenant or to any other person whatsoever for any damage occasioned by
falling plaster, electricity, plumbing, gas, water, steam, sprinkler or other pipe and sewage system or by the
bursting, running or leaking of any tank, washstand, closet or waste to other pipes in or about the Leased
Premises, or the Building or which they are a part, nor for any damage occasioned by water being upon or
coming through the roof, or vent, or otherwise for any damage arising from any acts or neglect of co-tenants
or other occupants of the Building or of adjacent property, or the public, nor shall Landlord be liable in
damages or otherwise for any failure to furnish, or interruption of service of any water, gas electricity, heated
water, steam and/or chilled water, caused by fire, accident, riot, strike, labor disputes, acts of God, or the
making of any repairs or improvements or other causes beyond the control of Landlord.
ARTICLE XI
Indemnification of Landlord
Tenant shall indemnify Landlord and the City of Aspen and save it harmless from and against any and all
claims, actions or damages or liability or expense in the loss of life, personal injury, and/or damage to
property arising from or out of any occurrence in, upon, or at the Leased Premises, or the occupancy or use
by Tenant of the Leased Premises or any part thereof, or occasioned wholly or in part by any act or omission
of Tenant, its agents, contractors, servants, lessees or concessionaires. In case Landlord, shall without fault
on its part be made a party to any litigation commenced by or against Tenant, then Tenant shall fully protect
and hold the Landlord and the City of Aspen harmless and pay all costs, expenses, and reasonable attorney's
fees incurred or paid by Landlord or the City of Aspen in connection with such litigation. Tenant shall also
pay all costs, expenses, and reasonable attorney's fees that may be incurred or paid by Landlord or the City
of Aspen in enforcing the covenants and agreements in this Lease, so long as Landlord prevails in such
litigation.
ARTICLE XII
Assignment and Subletting
Tenant shall not assign this Lease nor any interest herein, or mortgage or hypothecate this Lease or any
interest herein or permit the use of the Leased Premises by any person or persons other than Tenant or sublet
the Premises in whole or in part without Landlord's prior written consent. Landlord’s consent shall be
entirely discretionary.
ARTICLE XIII
Access to Premises
1. Landlord and its authorized representatives shall have the right to enter upon the Leased Premises at all
reasonable hours (and in emergencies, at all times) to inspect the same, to make repairs, additions or
alterations to the Premises and for any lawful purpose. Landlord agrees to provide Tenant with
reasonable notice whenever it deems necessary to enter upon the Premises.
10
2. For a period commencing ninety (90) days prior to the end of the lease term, Landlord may have
reasonable access to the Leased Premises for the purpose of exhibiting the same to prospective tenants
and to post any usual "For Lease" signs upon the Leased Premises.
ARTICLE XIV
Damage or Destruction
1. In case the Leased Premises shall be partially or totally destroyed by fire or other casualty insurable
under the full standard extended risk insurance as to become partially or totally untenantable, the same
shall be repaired as speedily as possible at the expense of Landlord, unless Landlord shall elect not to
rebuild as hereinafter provided, and (should that be a substantial interference with Tenant's business) a
just and proportionate part of the fixed rent shall be abated until so repaired.
2. If more than fifty percent (50%) of the Building in which the Leased Premises are located shall be
destroyed or so damaged by fire, or other casualty insurable under full standard extended risk insurance,
as to become wholly untenantable, or if the Building in which the Leased Premises are located is
destroyed to the extent of not less than thirty three and one- third percent (33 1/3%) of the replacement
cost thereof, or in the event of the Leased Premises shall be partially or totally destroyed by a cause or
casualty other than those covered by fire and extended coverage risk insurance, or, for such casualty the
Landlord shall decide not to rebuild the Building, then in any such event, Landlord may, if it so elects,
rebuild or put said Building in good condition and fit for occupancy within a reasonable time after such
destruction or damage, or may give notice in writing terminating this Lease as of a date not later than
sixty (60) days after any such damage or destruction, notwithstanding that the Leased Premises may
have sustained little or no damage. Any such termination shall be effective ten (10) days following
notification to Tenant by Landlord of Landlord's election to terminate. If Landlord elects to repair or
rebuild said Building, it shall, within sixty (60) days after such damage, give Tenant notice of its
intention to repair and then proceed with reasonable speed to make such repairs. Unless Landlord elects
to terminate this Lease, this Lease shall remain in full force and effect and the parties waive the
provisions of any law to the contrary.
ARTICLE XV
Eminent Domain
1. If title to all of the Leased Premises or so much thereof be taken by any public or quasi-public use under
any statute or by right of eminent domain, or by private purchase in lieu thereof, so that a reasonable
amount of reconstruction of the Leased Premises will not result in the Leased Premises being a practical
improvement and reasonably suitable for Tenant's continued occupancy of the uses and purposes for
which the Leased Premises are leased, this Lease shall terminate as of the date that possession of said
Leased Premises, or part thereof, be taken.
11
2. If any part of the Leased Premises shall be so taken, and the remaining part thereof (after reconstruction
of the then existing building in which the Leased Premises are located) is reasonably suitable for
Tenant's continued occupancy for the purposes and uses for which the Leased Premises are leased, this
Lease shall, as to the part so taken, terminate as of the date that possession of such part of the exclusive
Leased Premises be so taken and the fixed rent shall be reduced in the same proportion that the floor
area of the portion of the exclusive Leased Premises so taken (less any additions thereto by reason of
any reconstruction) bears to the original floor area of the exclusive premises, and Landlord shall, at its
own cost and expense, make all necessary repairs or alterations to the Building in which the Leased
Premises are located so as to constitute the portion of the Building not taken a complete architectural
unit and the remaining exclusive Leased Premises a complete merchandising unit, but such work shall
not exceed the scope of the work to be done in originally constructing said building. There shall be no
abatement of rent during such restoration except to the extent otherwise provided in this paragraph.
3. All compensation awarded or paid upon such a total or partial taking of the fee of the Leased Premises
shall belong to and be the property of the Landlord, whether such compensation be awarded or paid as
compensation for diminution in value of the leasehold or to the fee; provided, however, that Landlord
shall not be entitled to any award made to Tenant for loss of business, depreciation to, and cost of
removal of stock and fixtures.
4. Each party agrees to execute and deliver to the other all instruments that may be required to effectuate
the provisions thereof.
ARTICLE XVI
Default
1. The occurrence of any of the following shall constitute an event of default:
a. Delinquency by the Tenant in payment of any rent under this Lease for a period of ten (10) days
from the date such rent became due and payable.
b. Delinquency by the Tenant in the performance of or compliance with any of the other obligations
of Tenant contained in this Lease, for a period of twenty (20) days after written notice thereof
from Landlord to Tenant.
c. Filing by or against the Tenant in any court pursuant to any statute either of the United States or
of any state, of a petition or bankruptcy or insolvency, or for reorganization, or for the
appointment of a receiver or trustee, of all or a portion of the Tenant's property, if within ninety
(90) days after the commencement of any such proceedings involving the Tenant such petition
shall not have been dismissed.
2. In the event of default in non-payment of rent as defined in Paragraph 1 a) above, this Lease shall
automatically terminate on the date specified in the Landlord's three (3) day notice for payment or rent
or surrender of possession of the Premises under Section 13-40-104(d) (1973 CRS), if Tenant fails to
pay such rent as demanded in said notice.
12
3. Upon the expiration of this Lease pursuant to the preceding subparagraph, the Tenant shall peacefully
surrender the Leased Premises to the Landlord, and the Landlord upon or at any time after any such
expiration, may, without further notice, reenter the Leased Premises and repossess it by force, summary
proceedings, ejectment or otherwise, and must dispossess the Tenant and remove the Tenant and all
other persons and property from the Leased Premises, and may have, hold and enjoy the Leased
Premises and the right to receive all rental income therefrom.
4. At any time after such expiration, the Landlord may relet the Leased Premises or any part thereof, in the
name of the Landlord or otherwise for such term (which may be greater or less than the period which
would otherwise have constituted the balance of the term of this Lease) and on such conditions as the
Landlord, in the Landlord's absolute discretion, may determine, and may collect and receive the rents
therefor. The Landlord shall in no way be responsible or liable for any failure to collect any rent due
upon such reletting.
5. No such termination of this Lease shall relieve the Tenant's liability and obligations under this Lease,
and such liability and obligations shall service any such termination. In the event of any such
termination, the Tenant shall pay to the Landlord the rent required to be paid by the Tenant up to the
time of such Termination, and thereafter the Tenant, until the end of what would have been the term of
this Lease in the absence of such termination, shall be liable to the Landlord for, and shall pay to the
Landlord as and for liquidated and agreed damages for the Tenant's default the following:
a) The equivalent of the amount of the rent which would be payable under this Lease by the Tenant
if the Lease were still in effect, less
b) The net proceeds of any reletting effected pursuant to the provisions of the preceding paragraph,
after deducting all of the Landlord's expenses in connection with such reletting, including,
without limitation, all reasonable repossession costs brokerage commission, legal expenses,
attorneys' fees, costs and expenses of preparation for such reletting.
ARTICLE XVII
Abandonment
1. Tenant shall not vacate or abandon the Leased Premises at any time during the term of this Lease.
Abandonment shall be deemed to have occurred if Tenant is absent from the Leased Premises for more
than twenty (20) days without having paid a monthly installment of the combined rent per Article III.
If Tenant should violate this prohibition or be dispossessed of the Leased Premises involuntarily, by
operation of law or otherwise, any personal property belonging to Tenant left on the Leased Premises
shall be deemed to be abandoned, at the Landlord's option, or Landlord may store such property in
Tenant's name and at Tenant's expense without notice to Tenant.
2. Upon abandonment of the Leased Premises, the Landlord at its election may reenter and relet the Leased
Premises to the benefit of the Tenant without effecting a termination of the Lease and apply any rent
received as a result of that reletting the amounts due Landlord from Tenant under the Lease. In the
alternative, the Landlord upon abandonment of the Leased Premises may treat the Lease as being
terminated
13
3. The rights and remedies of the Landlord under this Article XIX are in addition to and not exclusive of
any other right or remedy of Landlord herein given, or which may be permitted by law.
ARTICLE XIIX
Covenant of Quiet Enjoyment
So long as the Tenant is not in default hereunder during the base term hereof and any renewal or extension
hereof, the Landlord covenants that the Tenant shall peaceably and quietly occupy and enjoy the Leased
Premises subject to the terms hereof. The Landlord warrants and agrees to defend the title to the Leased
Premises, and further warrants that it has full authority to execute this Lease.
ARTICLE XIX
Accord and Satisfaction
No payment by Tenant or receipt by Landlord of a lesser amount than the rent herein provided shall be
deemed to be other than on account of the earliest rent due and payable hereunder, not shall the endorsement
or statement accompanying any check or payment as rent be deemed an accord and satisfaction, and
Landlord may accept any such check or payment without a prejudice to the Landlord trying to recover the
balance of such rent or pursue any other remedy provided in this Lease.
ARTICLE XX
Subordination
Tenant agrees that this Lease Agreement shall be subordinate to any mortgage or deeds of trust that are now
or hereafter may be placed upon said Leased Premises and to any and all advances made or to be made
thereunder and to the interest thereon and all renewals, replacements and extensions thereof, provided the
mortgagee or beneficiary named in said mortgages or deeds of trust shall agree to recognize the Lease of
Tenant in the event of foreclosure if Tenant is not in default and shall attorn to such mortgagee.
ARTICLE XXI
Estoppel Certificates
Tenant agrees at any time and from time to time, upon no less than ten (10) days' prior request by the
Landlord, to execute, acknowledge and deliver to Landlord a statement in writing certifying that this Lease
is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force
and effect as modified and stating the modifications), and the dates to which the fixed rent and other charges
have been paid in advance, if any, and confirming Tenant's acceptance of the Premises, the commencement
of the lease term, and the rent provided under the Lease, it being intended that such statement delivered
pursuant to this paragraph may be relied upon by any prospective purchaser, mortgagee, or assignee of any
mortgagee of the Leased Premises or the Building.
ARTICLE XXII
Waiver
One or more waivers of any covenant or condition by Landlord shall not be construed as a waiver of a
subsequent breach of the same or any other covenant or condition, and the consent or approval by Landlord
to or of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render
14
unnecessary Landlord's consent or approval to or of any subsequent similar act by Tenant. The subsequent
acceptance of rent hereunder by Landlord shall not constitute a waiver of any preceding breach by Tenant
of any term, covenant or condition of this Lease other than the failure of Tenant to pay the particular rental
so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such
rent. No waiver of any provision of this Lease shall be effective unless it is in writing and signed by the
Landlord.
ARTICLE XXIII
Hold Over
If Tenant should remain in possession of the Leased Premises after the expiration of the Term and without
executing a new lease, then such holding over shall be construed as a tenancy from month to month, subject
to all the conditions, provisions and obligations of this Lease insofar as the same are applicable to a month
to month tenancy.
ARTICLE XXIV
Surrender of Premises: Treatment of Tenant's Alterations at Expiration of Lease
All alterations, additions, improvements, partitions, flooring, carpeting or fixtures, including, but not limited
to light fixtures, electrical fixtures, and plumbing fixtures, which may be made or installed by either of the
parties hereto upon the Leased Premises and which in any manner are attached to the floors, walls, windows,
or ceilings are to be the property of the Landlord upon installation of any part thereof without disturbance
or injury at the termination of this Lease, unless Landlord shall elect otherwise. Landlord shall make such
election by giving notice in writing to Tenant prior to the expiration or other termination of this Lease, or
any renewal or extension thereof. In the event the Landlord shall so elect, such alterations, installations,
additions or improvements made by Tenant upon the Leased Premises as the Landlord shall so elect shall
be removed by the Tenant and the Tenant shall restore the Premises to its original condition at the
commencement hereof, normal wear and tear excepted, at its own costs and expense prior to the expiration
or termination of the term hereof; or if the Tenant fails to do so at the Tenant's expense. Also, at the
expiration of the lease term, Tenant shall remove all of his movable trade fixtures which shall not be the
property of the Landlord under the foregoing provisions of this paragraph. The Tenant's obligations to
perform the covenants contained in this Paragraph of this Lease shall survive the expiration or other
termination of this Lease.
ARTICLE XXV
Signs, Displays, and Other Advertising Media
Tenant shall not erect or install any exterior or interior window or door signs, advertising media, window
or door lettering, or placards without Landlord's written consent. Tenant agrees to install an exterior sign
which shall be in strict conformance with Landlord's sign criteria as to design, material, colors, location,
size and style of lettering. The cost of such sign shall be the Tenant's sole expense. Tenant agrees not to
use an advertising media or other media that shall be deemed objectionable to Landlord or other tenants,
such as loudspeakers, phonographs, or radio broadcasts in a manner to be heard outside the Premises. Tenant
shall not install any exterior lighting, decoration, painting, or awning, or make any changes to the exterior
of the Leased Premises without Landlord's written consent.
15
ARTICLE XXVI
Notices
1. All notices to be given with respect to this Lease shall be in writing. Each notice shall be sent by
registered or certified mail, postage prepaid and return receipt requested, to the party to be notified at
the address set forth in the Lease Agreement or at such other address as either party may from time to
time designate in writing.
2. Every notice shall be deemed to have been given at the time it shall be deposited in the United States
mail in the manner prescribed herein. Nothing contained herein shall be construed to preclude personal
service of any notice in the manner prescribed for personal service of a summons or other legal process.
ARTICLE XXVII
Attorney's Fees
In the event of any litigation or other action or proceeding between the parties hereto arising out of the
performance or non-performance of this Lease, or enforcement of any rights or remedies hereunder,
including any indemnities herein contained, the prevailing party shall be entitled in such litigation, action
or proceeding to also recover as party of any judgment, award or other relief, its reasonable attorneys' fees
and costs incurred. In the event Landlord is asked to assign, subordinate, or sublet Leased Premises, all
costs incurred by Landlord will be paid by Tenant, including all reasonable attorney fees.
ARTICLE XXVIII
Lien on Tenant's Improvements and Personal Property
Landlord shall have a first lien paramount to all others on every right and interest of the Tenant in and to
this Lease Agreement, and on any building or improvement on or hereafter placed on the Leased
Premises, and on any furnishings, equipment, fixtures, or other persona property of any kind belonging to
the Tenant, or the equity of the Tenant therein, on the Leased Premises. Such lien is granted for the
purpose of securing the payment of rents, taxes, assessments, charges, liens, penalties, and damages herein
covenanted to be paid by the Tenant, and for the purpose of securing the performance of all of the Tenant's
obligations under this Lease. Such lien shall be in addition to all rights of the Landlord given under
statutes of this State, which are now or shall hereinafter be in effect. Upon request of Landlord, Tenant
shall execute such security agreement and financing statement as Landlord may deem necessary in order
to perfect the lien agreed to herein.
ARTICLE XXIX
Personal Guaranty
The shareholders of the Tenant, if Tenant is a Corporation, shall execute the Guaranty attached hereto as
Exhibit "1".
ARTICLE XXX
Miscellaneous Provisions
1. If any portion of this Lease Agreement shall be declared invalid or unenforceable, the remainder of the
Lease Agreement shall continue in full force and effect.
16
2. Where necessary to carry out the meaning hereof, the singular shall mean the plural, the plural the
singular, and any gender shall apply to all genders.
3. This Lease and the General Conditions constitute the total understanding of the parties with respect to
the subject matter hereof and no modification thereof may be made except by a writing signed by both
of the parties.
4. This Lease Agreement and all agreements herein contained shall bind the parties hereto and their heirs,
personal representative’s successors and assigns.
5. Each term and each provision of this Lease Agreement shall be construed as and shall have the same
force and effect as though made in the form of a covenant.
6. This Lease Agreement shall be construed in accordance with the laws of the State of Colorado.
7. Time is of the essence for the performance of any obligation contained in this Lease Agreement.
8. Tenant will be charged $50 for each replacement building key, and the cost to replace any other key or
key card to access the building.
17
EXHIBIT 1 TO YELLOW BRICK LEASE AGREEMENT
GUARANTY OF LEASE
FOR VALUE RECEIVED, and in consideration for, and as an inducement to the aforesaid
Landlord to make the foregoing Lease Agreement with ____________________ as Tenant, the
undersigned _______________________ unconditionally guarantees the full performance and
observance of all the covenants, conditions, and agreements therein provided to be performed and
observed by Tenant, and expressly agrees that the validity of this agreement and the obligations of the
guarantors hereunder shall in no wise b e terminated, affected or impaired by reason of the assertion by
Landlord against Tenant of any of the rights or remedies reserved to Landlord pursuant to the provisions
of the within Lease or by the relief of Tenant from any of Tenant's obligations under the Lease by
operation of law or otherwise (including, but without limitation, the rejection of the Lease in connection
with proceedings under the bankruptcy laws now or hereafter enacted); the undersigned hereby waiving
all suretyship defenses.
The undersigned further covenants and agrees that this guaranty shall remain and continue in full
force and effect as to any renewal, modification, or extension of this Lease, whether or not the
undersigned shall have received any notice of or consented to such renewal, modification or extension.
The undersigned further agrees that his liability under this guaranty shall be primary, and that in any
right of action which shall accrue to landlord under the Lease, landlord may, at Landlord's option,
proceed against the undersigned and Tenant, jointly or severally, and may proceed against the
undersigned without having commenced any action against or having obtained any judgment against
Tenant. The undersigned further represents to Landlord as an inducement for Landlord to make the
Lease that the undersigned owns 100% all of the entire outstanding capital stock of Tenant.
It is agreed that the failure of Landlord to insist in any one or more instances upon a strict
performance or observance of any of the terms, provisions, or covenants of the foregoing Lease or to
exercise any right therein contained shall not be construed or deemed to be a waiver or relinquishment
for the future of such term, provision, covenant or right, but the same shall continue and remain in full
force and effect. Receipt by Landlord of rent with knowledge of the breach of any provision of the
foregoing Lease shall not be deemed a waiver of such breach.
Except as may be otherwise specifically provided in the Lease subletting, assignment, or ot her
transfer of the within Lease, or any interest therein, shall not operate to extinguish or diminish the liability
of the undersigned guarantors under this guaranty; and wherever reference is made to the liability of
Tenant named in the within Lease, such reference shall be deemed likewise to refer to the undersigned
guarantors.
It is further agreed that all of the terms and provisions hereof shall inure to the benefit of the respective
heirs, personal representatives, successors and assigns of Landlord, and shall be binding upon the heirs
and assigns of the undersigned.
IN WITNESS WHEREOF, the undersigned guarantor has caused this guaranty to be executed
effective as of the ______ day of _____________________, 20___.
Board President Signature/Business Owner: ________________________________________
Program address: __________________________________________________________
Ajax Cubs
24th November 22
215 N. Garmisch, Aspen, CO 81611
Owner/Director