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HomeMy WebLinkAboutresolution.council.018-23RESOLUTION # 018 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN ADDENDUM TO CITY OF ASPEN AND ASPEN CHAMBER RESORT ASSOCIATIONAGREEMENT DATED DECEMBER 13, 2016, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID ADDENDUM ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an Addendum to City Of Aspen And Aspen Chamber Resort Association Agreement Dated December 13, 2016, for the operation of visitor and guest services 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 Addendum to City of Aspen and Aspen Chamber Resort Association Agreement Dated December 13, 2016 and does hereby authorize the City Manager to execute said Addendum on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 17th day of January 2023. 79TF� 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, January 17, 2023. OzL Nicole Henning, City &rk DocuSign Envelope ID: 9B6F9723-0274-4550-9A69-D1513915E311B ADDENDUM TO CITY OF ASPEN AND ASPEN CHAMBER RESORT ASSOCIATION AGREEMENT DATED DECEMBER 13, 2016 THIS ADDENDUM is effective this 31st day of January 2023, by and between the CITY OF ASPEN (the "City") and the ASPEN CHAMBER RESORT ASSOCIATION ("ACRA"), RECITALS WHEREAS, on December 13, 2016, The City and ACRA entered into an Agreement for the operation of visitor and guest services., and WHEREAS, such agreement was amended pursuant to an Addendum executed on July 1, 2020, and an Addendum executed on December 10, 2021, and an addendum executed on December 13, 2022; and WHEREAS, both parties wish to further amend the Agreement of December 13, 2016. AGREEMENT In consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree as follows: Section is Operation of Visitors Centers. 1. ACRA will operate visitor centers at the Wheeler Opera House lobby, Cooper Street guest services pavilion and 590 N. Mill Street. 2. The hours of operation will remain unchanged. In the event ACRA wishes to reduce hours or suspend service at a location, the City will be notified in writing of such request. If the request is granted, the City will receive a corresponding credit for the reduction of hours, prorated to a daily rate per location. Section II: Special Events. ACRA will be the executive producer of Winterskol for 2023. Section III. Payments. In consideration of services with the adjustments above, the City of Aspen shall pay to ACRA from the Visitor Benefit Tax Fund: 1. Staffing and Operation of the 590 N. Mill Street, Wheeler Opera House lobby and Guest Services Pavilion Visitor Centers 2. Special Events, including Winterskol. DocuSign Envelope ID: 9B6F9723-0274-4550-9A69-D156915E311B Section IV. Miscellaneous. 1. All terms of the Agreement dated December 13, 2016, and the Addendum dated July 1, 2020, and the addendum dated December 10, 2021, not amended or otherwise inconsistent with the terms of this Addendum shall remain in full force and effect. If there is any inconsistency between the Agreements, this Addendum shall prevail. 2. Term. The term of the Agreement as amended by this Addendum shall be through March 31, 2023. 3. Binding Effect. This Addendum shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns and to any person into or with which any party hereto may merge, consolidate, or reorganize. 4. Counterpart Si natures. This document may be executed in counterpart original copies, with the original signatures on separate pages to be collated together on one original form of the agreement. r t A t a" 0 City Clerk Attest: e Secretary • CITY OF ASPEN, a municipal corporation ❑ocu Signod by: Sara G. 111L By: Sara G. Ott ASPEN CHAMBER RESORT ASSOCIATION DxuSlgnetl by: t.lebtt, �l''a1Mn, By: Debbie Braun, President