HomeMy WebLinkAboutresolution.council.097-14 RESOLUTION #97
(Series of 2014)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A LEASE AGREEMENT BETWEEN THE CITY
OF ASPEN AND ASPEN JUNIOR HOCKEY AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY
OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a lease agreement
for a change in use of space within the Lewis Ice Arena, a true and accurate copy
of which is attached hereto as Exhibit "A" & `B";
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 Aspen Junior Hockey, 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 t e ity Council of the City of
Aspen on the 25th day of August, 2014.
i
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Cle k 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, August 25, 2014.
Linda Manning, Cif Clerk
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and executed on August 25th, 2014, by and
between the CITY OF ASPEN, Colorado, a home rule municipal corporation (hereinafter
referred to as the "City" or "Lessor"), and ASPEN JUNIOR HOCKEY AND SKATING
FOUNDATION,INC.,a Colorado nonprofit corporation, (hereinafter referred to as the"AJH"or
"Lessee").
WITNESSETH:
WHEREAS, AJH desires to renovate and lease space within the Lewis Ice Arena, which
is located within the Aspen Recreation Center, to be used as training space and locker room
facilities for AJH and more fully identified as Exhibit A & Exhibit B appended hereto
(".Renovation"); and,
WHEREAS, the City is willing to allow AJH to renovate and lease said space under
certain terms and conditions; and,
WHEREAS, the parties hereto desire to execute a Lease Agreement which sets forth the
agreement of the parties hereto in this regard; and,
WHEREAS, the City and AJH are authorized to enter into this Lease Agreement for the
purposes set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants, agreements,
representations and warranties herein contained,the parties hereto agree as follows:
1. City Consent to Change of Use in the Aspen Recreation Center. The City
hereby consents to the Renovation within the Lewis Ice Arena, which is located within
the Aspen Recreation Center as identified in Exhibit A & B "Demised Premises"
appended hereto; subject to the following conditions:
a. AJH applies for and receives the necessary approvals from the City of
Aspen and a building permit for the Renovation from the City Building
Department.
b. Within (30)thirty days of receipt, the City shall review the building plans
submitted by AJH to the City Building Department. This review shall be separate
and distinct from any building department review and approvals that may be
required by City ordinances. The City shall have complete discretion in approving
or rejecting any building plans submitted by AJH to the City in compliance with
this section of the Lease Agreement.
C. The Renovation shall commence within two years of the date of this Lease
Agreement and shall be completed no less than six months after commencement
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of construction. In the event that the construction of the space is not commenced
or completed in time as set forth herein, an Event of Default shall occur.
d. The AJH shall strictly adhere to a building plan ("Building Plan") to be
prepared by the City and delivered to AJH in writing at the time AJH receives
City of Aspen Building Department permit approval. The Building Plan shall set
forth a building plan that attempts to minimize disruptions to the operation of the
Lewis Ice Arena and the Aspen Recreation Center.
e. All construction activity shall be performed in a workmanlike manner, in
accordance with all applicable building and safety codes, and shall not weaken or
impair the structural integrity of the building or lessen the value of the Lewis Ice
Arena or the Aspen Recreation Center.
f. The Renovation shall be designed and constructed so as to properly
integrate into the overall ARC security and fire alarm systems.
g. All phone systems, facsimile lines, and computer lines, if necessary to be
installed by AJH as part of the Renovation, shall be properly integrated into the
ARC utility systems and shall be paid for entirely by AJH.
h. The Renovation, including all permanent fixtures located within or built-in
such premises, shall be owned by the City at all times.
i. Lessor shall not incur any expenses associated with the Renovation of the
Demised Premises. Lessee shall be responsible for all costs associated with the
Renovation of the Demised Premises, including any costs associated with any
changes required of the Lewis Ice Arena or ARC to accommodate the
construction of the Demised Premises (including the costs of any enlargements or
upgrades to the facilities' mechanical systems, if needed as the result of the
Renovation.)
2. Demise and Description. Subject to the City approvals referenced in Section 1,
above, the City hereby leases to AJH the exclusive use of the space identified in
Exhibit A & B, for the purpose of a training facility, locker room, including
lockers rented to third parties, and other related AJH activities, situated in the
Lewis Ice Arena, located within the Aspen Recreation Center owned and operated
by the City of Aspen, County of Pitkin, State of Colorado, and more particularly
described in the attachments herein.
3. Representation by the Parties.
a. The Lessor hereby represents that the Lewis Ice Area, the Aspen Recreation
Center and the Demised Premises are owned by Lessor in fee, subject only to
restrictions established by the general planning and zoning code of the City of
Aspen, Colorado, any and all approvals granted by the City of Aspen,
encumbrances of record and any state of facts which an accurate survey or
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physical inspection would show. Lessee, by entering into this Lease
Agreement, agrees that Lessee is satisfied as to Lessor's title to the Demised
Premises and has found the same to be satisfactory.
b. Lessor hereby covenants, subject to the terms and conditions herein provided,
that Lessee shall have exclusive use and occupancy of the Demised Premises
during the term of this Lease as identified below, for so long as Lessee
performs all covenants herein agreed to be performed by Lessee.
c. Lessee hereby represents that it is a not-for-profit organization incorporated
under the laws of the State of Colorado, that it is operated exclusively for
charitable purposes as those terms are defined by Article X, Section 5 of the
Colorado Constitution; and, that it has received tax exempt status from the
Internal Revenue Service pursuant to Section 501(c)(3)of the IRS Code.
4. Term. The term of this Lease shall be for an initial period of ten (10) years,
commencing on the 1st day of September, 2014. Subject to Lessee's satisfactory
adherence to all of the terms and conditions herein, Lessee shall have the option at the
end of the initial term to renew for an additional Lease term of ten(10) years. Thereafter,
also subject to Lessee's satisfactory adherence to all of the terms and conditions herein,
Lessee shall have two (2) additional options to renew for ten (10) additional years each.
(The total term of this Lease shall not exceed forty (40) years; an initial term of ten (10)
years and three (3) optional renewal terms of ten (10) years each.) The Lease terms
described herein are subject to the Events of Default provisions set forth herein. The
renewal terms shall be renewed automatically unless Lessee provides written notice, six
(6) months prior to the end of the term that it does not intend to renew its option. At the
conclusion of the forty-year term, Lessee shall have the right to request that the Lessor
negotiate in good faith an extension of the lease for an additional period of time. Lessor
hereby agrees to negotiate in good faith such an extension.
5. Rent,common maintenance costs,and utilities
a. Lessee shall pay Lessor as rent for the Demised Premises; Exhibit A, an
annual basic rent of One Dollar ($1.00) to be paid on the anniversary date of
the Lease for each year of the Lease term. Lessee shall pay Lessor as part of
the rent for the Demised Premises; Exhibit B, and annual sum of$10,000.
Rent shall be due and payable in monthly increments of$833.33 per month
beginning on the 1st day of September, 2014 and continuing thereafter on the
first day of each month. A CPI calculation shall be used for annual
inflationary increases to the payment as identified herein; Exhibit C.
b. Except as otherwise provided herein,the rent provided for in this Lease, shall
not include expenses or charges with respect to the Demised Premises,
including cleaning, maintenance, repairs, costs of construction, insurance,
taxes and assessments now or hereafter imposed upon or related to the
Demised Premises. Lessee shall bear and pay for all such charges. Utilities
shall not be charged to AM In the event that AM desires to utilize the
Landlord's cleaning services (Aspen Parks & Recreation Department), AM
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shall request such cleaning and maintenance in writing at the costs set forth in
Exhibit"D".
c. AJH shall be responsible for any other maintenance or operational costs
associated with its activities and City shall have no responsibility of any kind
for any thereof.
d. AJH will provide and administer locker rentals to third parties and shall be
entitled to all revenues generated from the locker rentals during the term of
the Lease.
6. Use of Demised Premises.
a. The Demised Premises shall be used by Lessee for the purpose of
establishing and thereafter maintaining a Training Space and Locker
Room Facility, including the rental of lockers to third parties, for the AJH
program. All other proposed uses of the Demised Premises by Lessee not
specifically set forth herein may only be permitted with the prior written
approval of the Recreation Director.
b. Lessee shall not use, or permit the Demised Premises, or any part thereof,
to be used, for any purpose or purposes other than the purpose for which
the Demised Premises are hereby leased; and no use shall be made or
permitted to be made of the Demised Premises, or acts done, which will
cause a cancellation of any insurance policy covering the Demised
Premises located on the premises, or any part thereof, nor shall Lessee
sell, or permit to be kept, used, or sold, in or about the Demised Premises,
any article which may be prohibited by the requirements, pertaining to the
Demised Premises, of any insurance organization or company, necessary
for the maintenance of insurance, as provided herein, covering any
building and appurtenances at any time located on the Demised Premises.
C. Lessee shall not sell, or permit to be kept, used, or sold, in or about the
Demised Premises, any illegal drugs, non-medicinal alcohol, or tobacco
products, except in accordance with a special event permit issued by the
City of Aspen pursuant to the Aspen Municipal Code.
d. Lessee agrees to comply with all present and future federal, state and
municipal laws, rules and regulations in its use and occupancy of the
Demised Premises.
e. Lessee shall not sell, convey, assign, transfer, sublease, pledge, surrender
or otherwise encumber or dispose of this Lease Agreement, the Demised
Premises, or any interest or estate created herein without the City express
written consent. The rental of lockers to third parties is expressly
permitted.
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f. Lessee shall not commit, or suffer to be committed, any waste on the
Demised Premises,or any nuisance.
g. Lessee shall not erect, install, operate nor cause nor permit to be erected,
installed or operated in or upon the Demised Premises any temporary or
special event sign(s) or other advertising device that is not consistent with
the general rules applicable for the Lewis Ice Arena without having
obtained the written consent of the City Manager for the City. Such
consent may or may not be given at the City Manager's sole discretion.
h. Lessee shall not introduce any concessionaire activities into the Demised
Premises that may compete with the existing concessionaire at the ARC
without the prior written approval of the Lessor.
7. Taxes,Other Governmental Charges and Utility Charges.
a. The parties contemplate that the Demised Premises will be used strictly
for charitable purposes and, therefore, that the Demised Premises will be
exempt from all taxes presently assessed and levied with respect to real
property. In the event that the use, possession, construction or equipping
of the Demised Premises is found to be subject to taxation in any form, the
Lessee shall pay same as they respectively come due; provided that, with
respect to any governmental charges that may lawfully be paid in
installments over a period of years, Lessee shall be obligated to pay only
such installments as have accrued during any individual term of the Lease.
b. Lessee may at its expense and in good faith contest any taxes,
assessments, and other charges and, in the event of any such contest, may
permit the taxes, assessments, or other charges so contested to remain
unpaid during the period of such contest and an appeal therefrom unless
the City shall notify the Lessee that, in the opinion of the City Attorney,
by nonpayment of any such items the title will be materially endangered or
the Demised Premises or any portion thereof will be subject to loss or
forfeiture, or the City will be subject to liability, in which event such
taxes, assessments, utility or other charges shall be paid forthwith;
provided, however, that such payment shall not constitute a waiver of the
right to continue to contest such taxes, assessments, utility or other
charges.
8. Alterations.
a. Lessee may at its own expense make reasonable and necessary alterations
or improvements to the Demised Premises. All alterations, additions and
improvements shall be performed in a workmanlike manner, in accordance
with all applicable building and safety codes, and shall not weaken or
impair the structural integrity of the building or lessen the value of the
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premises. Lessee shall give Lessor written notice no less than thirty (30)
days in advance of the commencement of any construction, alteration,
addition, improvement, or repair estimated to cost in excess of One
Thousand Dollars($1,000.00), except in cases of emergency repairs.
b. Lessee agrees that prior to any construction or installation of alterations,
additions or improvements, Lessee shall post in a conspicuous place
within the Demised Premises a notice of non-liability for mechanic's lien
as specified at Section 38-22-105, C.R.S. on behalf of the Lessor and shall
notify Lessor of such posting and the exact location of the same. A copy
of the required notice shall be delivered from Lessor at Lessee's request.
Perfection of a mechanic's lien against the Demised Premises as a result of
Lessee's acts or omissions may be treated by Lessor as a material breach
of this Lease.
9. Liens.
a. Lessee shall keep all of the Demised Premises and every part thereof and
all buildings and other improvements at any time located thereon free and
clear of any and all mechanics', materialmen's and other liens for or
arising out of or in connection with work or labor done, services
performed, or materials or appliances used or furnished for or in
connection with any operations of Lessee, any alteration, improvement, or
repair or addition which Lessee may make or permit or cause to be made,
or any work or construction, by, for, or permitted by Lessee on or about
the premises, or any obligations of any kind incurred by Lessee, and at all
times promptly and fully to pay and discharge any and all claims on which
any such lien may or could be based, and to indemnify Lessor and all of
the premises and all buildings and improvements thereon against all such
liens and claims of liens and suits or other proceedings pertaining thereto.
b. If Lessee desires to contest any such lien, it shall notify Lessor of its
intention to do so within ninety (90) days after the filing of such lien. In
such case, and provided that Lessee shall on demand protect Lessor by a
good and sufficient surety bond, or such other security that is deemed
adequate by the City, against any such lien and any cost, liability, or
damage arising out of such contest, Lessee shall not be in default
hereunder until thirty(30) days after the final determination of the validity
thereof, within which time Lessee shall satisfy and discharge such lien to
the extent held valid; but the satisfaction and discharge of any such lien
shall not, in any case, be delayed until execution is had on any judgment
rendered thereon, and such delay shall be a default of Lessee hereunder.
In the event of any such contest, Lessee shall protect and indemnify
Lessor against all loss,expense, and damage resulting there from.
10. Maintenance. Lessee shall,throughout the term of this Lease, at its own cost, and
without any expense to Lessor, keep and maintain the Demised Premises, and all
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appurtenances thereto, in good sanitary, and neat order, condition and repair. Lessor
shall not be obligated to make any repairs, replacements, or renewals of any kind, nature
or description whatsoever to the Demised Premises or improvements therein.
11. Access to Premises. Upon at least twenty four (24) hours prior notice, except in
cases of emergency, Lessee shall permit Lessor or its agents and employees to enter the
Demised Premises at all reasonable hours to inspect the Demised Premises or make
repairs that Lessee may neglect or refuse to make in accordance with the provisions of
this Lease Agreement. Before entering the Demised Premises to make repairs, Lessor
shall give Lessee notice and a reasonable period of time to make necessary repairs.
12. Indemnification of Lessor. Lessor shall not be liable for any loss,injury,death, or
damage to persons or property which at any time may be suffered or sustained by Lessee
or by any person whosoever may at any time be using or occupying or visiting the
Demised Premises or be in, on, or about the same, whether such loss, injury, death, or
damage shall be caused by or in any way result from or arise out of any act, omission, or
negligence of Lessee or of any occupant, visitor, or user of any portion of the Demised
Premises, or shall result from or be caused by any other matter or thing whether of the
same kind as or of a different kind than the matters or thing above set forth, and Lessee
shall indemnify Lessor against all claims, liability, loss, or damage whatsoever on
account of any such loss, injury, death, or damage. Lessee hereby waives all claims
against Lessor for damages to the Demised Premises and improvements that are now or
hereafter placed or built on the Demised Premises and to the property of Lessee in, on, or
about the Demised Premises, and for injuries to persons or property in or about the
Demised Premises, from any cause arising at any tithe. The last two preceding sentences
shall not apply to loss, injury, death, or damage arising by reason of the negligence or
misconduct of Lessor, its agents, or employees, subject to those terms, conditions and
limitations as contained in the Colorado Immunity Act, Section 24-10-101, et seq.
13. Provisions Regarding Insurance.
a. At its own expense Lessee shall carry and maintain casualty and property
damage insurance sufficient to protect the full replacement value of the
interior of the Demised Premises. AJH reliance on insurance through
USA Hockey will be acceptable to the City of Aspen; and
b. At its own expense Lessee shall carry and maintain comprehensive general
public liability insurance against all direct or contingent loss or liability
for property damage,personal injury or death occasioned by reasons of the
operation, control or construction upon the Demised Premises, of not less
than those specified by Section 24-10-114, C.R.S., as may be amended
from time to time, naming the City as additional or co-insureds. Lessee
shall maintain said coverage in full force and effect during the term of this
Lease.
C. Lessee shall furnish the Lessor with a copy of all required insurance
policies or certificates evidencing such required coverage. To the extent
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available, all insurance policies maintained pursuant to this Lease
Agreement shall contain the following endorsement:
It is hereby understood and agreed that this insurance policy may not be
canceled by the surety until thirty (30) days after receipt by the City of
Aspen, by registered mail, of a written notice of such intention to cancel or
not to renew.
e. In the event full insurance coverage required by this Lease is not
maintained as provided for herein, Lessor may, but shall be under no
obligation to, purchase the required policies of insurance and pay the
premiums necessary and provide for payment thereof and all amounts so
advanced therefore by Lessor, if any, shall be added to rent due from
Lessee.
14. Damage or Destruction. II'prior to the termination of this Lease the Demised
Premises or any portion thereof are destroyed, in whole or in part, or are damaged by fire
or other casualty, the parties shall cause the Net Proceeds of any insurance claim to be
applied to the prompt repair, restoration, modification, replacement or improvement of
the Demised Premises. Any balance of the Net Proceeds remaining after such work has
been completed shall be paid to the Lessee. If Net Proceeds are insufficient to pay in full
the cost of any repair,restoration,modification or improvements,referred to hereinabove,
Lessee shall complete the work and pay any cost in excess of the amount of the Net
Proceeds, in which case Lessee shall not be entitled to any reimbursement therefore from
Lessor. Notwithstanding the foregoing, the parties may agree to other application of such
Net Proceeds.
15. Condemnation. If during the term of this Lease, or any renewal of it,the whole or
part of the Demised Premises or such portion as will make the Demised Premises
unusable for the purpose leased, or the leasehold interest, be condemned by public;
authority, including the City, for public use, then the Lease term granted herein shall
cease as of the date of the vesting of title in the premises in such condemning authority,
or when possession is given to such authority, whichever event occurs first. Upon such
occurrence, Lessee shall not be entitled to any part of the condemnation proceeds, if any,
for the value of the unexpired term of this Lease or for any other estate or interest in the
Demised Premises,such amount belonging entirely to the Lessor.
16. Lessee's Option to Terminate. Lessee shall have the right, by written notice to the
Lessor given at least 90 days prior to its intention to do so,to terminate and surrender its
leasehold interests hereunder to Lessor, and on such effective date Lessee shall be
relieved from all further liability hereunder, subject to the Remedies On Default
provisions of this Lease which shall apply as if a Default had occurred. In the event that
Lessee shall terminate the lease pursuant to this paragraph 16, Lessee shall restore the
Demised Premises to their original condition.
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17. Abandonment of Premises. Lessee shall not vacate or abandon the Demised
Premises at any time during the term hereof; if Lessee shall abandon or surrender the
Demised Premises, or be dispossessed by process of law, or otherwise, any personal
property belonging to Lessee and left on the Demised Premises shall be deemed to be
abandoned, at the option of Lessor, except such property as may be encumbered to
Lessor.
18. Events of Default Defined. The following shall be"Events of Default"under this
Lease and the terms "Event of Default" and "Default" shall mean, whenever they are
used in this Lease, any one or more of the following events:
a. Failure by the Lessee to pay any rent or other payment required to be paid
herein at the time specified; or,
b. Failure to use the Demised Premises for a period of one-hundred-eighty
(180) consecutive days for the purpose or purposes set forth in the Use of
Demised Premises provisions of this Lease; provided, however, that time
spent for the purpose of maintenance, remodeling, or repairs to the
Demised Premises and/or for events beyond the control.of the Lessee shall
not be counted;or,
C. Failure by AJH to observe and perform any covenant, condition or
agreement on its part to be observed or performed, unless the Lessor agree
in writing to an extension of time or waiver prior to its expiration;or,
d. Lessee's interest in this Lease or any part hereof is assigned or transferred
without the written consent of the Lessor,except as provided herein, either
voluntarily or by operation of law or otherwise;or,
e. A proceeding under the United States Bankruptcy Code or any federal or
state bankruptcy, insolvency, or similar law or any law providing for the
appointment of a receiver, liquidator, trustee or similar official for the
Lessee or of all or substantially all of its assets, is instituted without its
consent and is not permanently stayed or dismissed within sixty (60)days,
or if the Lessee offers to the Lessee's creditors to effect an extension of
time to pay the Lessee's debts or asks, seeks or prays for a reorganization
or to effect a plan of reorganization, or for readjustment of the Lessee's
debts, or if the Lessee shall make a general or any assignment for the
benefit of the Lessee's creditors;
e. Lessee abandons or vacates any part of the Demised Premises; or
f. Lessee fails to commence the Renovation within two years of the date of this
Lease Agreement or fails to complete the Renovation no less than six months
thereafter commencement of construction.
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19. Remedies on Default. In the event of a Default remains uncorrected for a period
of ten (10) days after Landlord has given written notice thereof pursuant to applicable
law, then Landlord may, at Landlord's option, undertake any of the following remedies
without limitation: (a) declare the Term of the Lease ended; (b) terminate Tenant's right
to possession of the Premises and reenter and repossess the Premises pursuant to
applicable provisions of the Colorado Forcible Entry and Unlawful Detainer statute; (c)
recover all present and future damages, costs, and other relief to which Landlord is
entitled; (d)pursue Landlord's lien remedies; (e)pursue breach of contract remedies; and
(f) pursue any and all available remedies in law or equity. In the event possession is
terminated by reason of a Default prior to expiration of the Term, Tenant shall remain
responsible for the Rent, subject to Landlord's duty to mitigate such damages.
21. No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is
intended to be exclusive and every such remedy shall be cumulative and shall be in
addition to every other remedy given under this Lease or now or hereafter existing at law
or in equity. No delay or omission hereunder shall impair any such right or power or
shall be construed to be a waiver thereof, but any such right and power may be exercised
from time to time and as often as may be deemed expedient.
22. Non-Discrimination. The parties hereto agree to comply with all laws,
ordinances, rules and regulations that may pertain or apply to the Demised Premises and
its use. In performing under this Lease, Lessee shall not discriminate against any worker,
employee or job applicant, or any member of the public, because of race, color, creed,
religion, ancestry, national origin, sex, age, marital status, physical handicap, affectional
or sexual orientation, family responsibility or political affiliation, nor otherwise commit
an unfair employment practice.
23. Attorneys' Fees. If any action at law or in equity shall be brought to recover any
rent under this Lease, or for or on account of any breach of, or to enforce or interpret any
of the covenants, terms, or conditions of this Lease, or for the recovery of the possession
of the Demised Premises, the prevailing party shall be entitled to recover from the other
party as part of the prevailing party's costs reasonable attorneys' fee, the amount of
which shall be fixed by the court and shall be made a part of any judgment or decree
rendered.
24. Notices. All notices to be given with respect to this Lease shall be in writing.
Each notice shall be personally delivered by hand or shall be sent by an overnight courier,
to the party to be notified at the address set forth herein or at such other address as either
party may from time to time designate in writing:
If to Aspen Junior Hockey:
Attn: President
PO Box 3390
Aspen, Colorado 81611
Attention: Executive Director
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With a copy to:
Sherman&Howard, LLC
320 West Main Street
Aspen, Colorado 81611
Attn:Jennifer M. Causing
If to City:
City of Aspen, Colorado
130 South Galena Street
Aspen, Colorado 81611
Attention: City Manager
With a copy to:
City of Aspen, Colorado
130 S. Galena Street
Aspen, Colorado 81611
Attention: City Attorney
Every notice shall be deemed to have been given at the time it is hand-delivered or one
(1)day following the day it was deposited with the overnight courier.
25. Binding_Effect. This Lease shall inure to the benefit of and shall be binding upon
the Lessor and the Lessee and their respective successors and assigns.
26. Severability. In the event any provision of this Lease shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
27. Amendments. The terms of this Lease shall not be waived, altered, modified,
supplemented or amended in any manner whatsoever except by written instrument signed
by the City and the AJH.
28. Execution in Counterparts. This Lease shall be executed in three counterparts,
each of which shall constitute but one and the same instrument.
29. Applicable Law. This Lease shall be governed by and construed in accordance
with the laws of the State of Colorado.
30. Captions. The captions or headings in this Lease are for convenience of reference
only and in no way define, limit or describe the scope or intent of any provision or
sections of this Lease.
31. Waiver. The waiver by Lessor of, or failure of Lessor to take action with respect
to any breach of any term, covenant, or condition herein contained shall not be deemed to
be a waiver of such term, covenant, or condition, or subsequent breach of the same, or
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any other term, covenant, or condition therein contained. The subsequent acceptance of
rent by Lessor or the acknowledgement by Lessor of Lessee's exercise of an option to
renew the term of the Lease as provided herein shall not be deemed to be a waiver of any
preceding breach by Lessee of any term, covenant, or condition of this Lease, regardless
of Lessor's knowledge of such preceding breach.
32. Entire Agreement. This Lease constitutes the entire agreement between the City
and the AJH. No waiver, consent, modification or change of terms of this Lease shall
bind either party unless in writing signed by both parties, and then such waiver, consent,
modification or change shall be effective only in the specific instance and for the specific
purpose given. There are no understandings, agreements, representations or warranties,
express or implied, not specified herein regarding this Lease or the Demised Premises
]eased hereunder.
33. Further Assurances. The parties agree to execute and deliver such additional
documents and agreements as necessary to carry out the intent of this Lease.
33. No Third Party Beneficiaries. This Lease is not intended to create any right in or
for the pub]ic, or any member of the public, including any subcontractor, supplier or any
other third party, or to authorize anyone not a party to this Lease to maintain a suit to
enforce or take advantage of its terms. The duties, obligations and responsibilities of the
parties to this Lease with respect to third parties shall remain as imposed by law.
IN WITNESS WHEREOF, the City has executed this Lease in its name with its seal
hereunder affixed and attested by its duly authorized officers, and Aspen Junior Hockey has
caused this Lease Agreement to be executed in its name and attested by its duly authorized
officer. All of the above occurred as of the date first written above.
CITY-0-F A� E ,COLORAD
By:
Steve S ron, Mayor
ATT T: i
1A t C
L da Manning,City Clerk
ASPEN JUNIOR HOCKEY AND
SKATING FOUNDATION, INC.
BUS RE/5362683.5
Lease Agreement
Aspen Junior Hockey and Skating Foundation,Inc.
Page 13
$y:
Title: Aspen Junior Hockey President
WITNES
BUS—RE/5362683.5
Lease Agreement
Aspen Junior Hockey and Skating Foundation,Inc.
Page 14
EXHIBIT LIST TO LEASE AGREEMENT
Exhibit A- Description of space to be constructed and leased for the purpose of a training
room—The Demised Premises
Exhibit B--Description of space to be constructed and leased for the purpose of AJH Locker
Rooms—The Demised Premises
Exhibit C—Annual CPI inflationary calculation
Exhibit D—Repair and cleaning service costs
BUS—RE/5362683.5
TOILET .r
J
ROOM TEAM
,27
LOCKER r-
i ROOM 3
/-� i - 520 F
I I
LOCKER
4(f LOCKER
13 . f ROOM, : t ROOM 2
,23 I` 12i I I LOCKER
I
ROOM
MALE
_ TOILET L\ l--J
WARM ! I ROOM
ROOM .I - - - _
L126 / f
137 - q t SHOWER- �% / i. ROOM
I _ !
00 .� 1 ROOM 1 OM 51iR i ' 159
j .� STABiWEU: 'I 1 HENS `�•� I _
�\ g 528 LOCKER 1� A u �!
COW
E
ELEV. ECES/A'�OR�+ I I i I + i _` ROOM, -� M•1 S C^l� P 4`'n-L„"1 S� n
v L/
130
CORRIDOR Room
532 r-" ARC i
_ COACH'S r�Off ICE
oRESSBVG L-J
F� t '
r _____-_____
m m
AJH
EQUIPMENT ALIH
Z i YOGA ROOM STORAGE JERSEY
® �� ` STORAGE STORAGE
�t .I
1 i
ARC lockeroom Remodel
861 Maroon Creek Road,Aspen,Colorado
CONCEPTUAL DES 1 G N:Existing Mens Lockeroom @ Lower LeveloPlan
FOSS AiiCHfTi t;TURF i'l BIP.!'1c, O �� M•='�..
127
-,: ! • TEAR, -
r' LOCKER
I-- - - ROO%I3
LOCKER LOCKER '
+ ROOOMI ROOM -
((� 123 127
V / TEAL?
i
MALE `/ LOCKER
TOILET I „ L ; ROOM 4 .�.
WARIA i ROOM ,8 ;� _.___- ,
ROOM L 125 x _-
S37 = 5'/
SF105YER. , SHOWER
ROOM SHOUTER I ROOM
.. - t2a R700M 179 l i \MM
STaRWEtI
- _
LAW-
ELEV. N Cv1 l S n A d !„�.
E� � A� �\ f' 'J e 1' �S�" � .. '� CORE
ET1=TDTTTTT-FM E10
7 L
TRAINING
ROOM
CORRIDOR .,,. / \ `•. �=a1 a.1.""". � ..: _ _ _ I' _ ..' �;
LINDRY
cww
ARC
f[']l{\t '^I L�
OFFICE
577
AJH
EQUIPMENT
QOM YOGA ROOM STORAGE ( s \ t
1 AJH I
t µ• ' 4 ! �` i i STOORAAGGE STORAGE
i V 7 xxx X7tx I
___• ' nit '*r'' •.},
ARC Lockeroom Remodel
861 Maroon Creek Road,Aspen,Colorado
p0S5 CONCEPTUAL D E S I G N:AJH Training Room @ Lower Level Plan
05.21.14 ., .
t
n
�L—ba hn
I
I
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XM RInk rtf.dw9 t
FIRE ESCAPE ROUTES
ISELIN LOWER LEVEL
Lease Agreement
Aspen Junior Hockey and Skating Foundation,Inc.
Page 15
EXHIBIT "C"
CALCULATION OF CHANGES IN URBAN INDEX
The term"Urban Index"used herein shall refer to the consumer Price Index -All Urban
Consumers(CPI-U), U.S. City Average,All Items (1967 = 100) compiled by the United States
Department of Labor, Bureau of Labor Statistics. By way of identification,the parties agree that
the CPI-U index number for July 1993 =432.6. If at the time of computation of rental increases
as provided below the Urban Index as defined is not then being currently published, the parties
shall mutually select a substitute index which has historically approximated the Urban Index as
defined. The parties further agree that the methodology they will use for calculating index
changes in the Urban Index is that described in the instruction sheet from the Bureau of Labor
Statistics, U.S. Department of Labor, which reads as follows:
CALCULATING INDEX CHANGES
Movements of the indexes from one month to another are usually expressed as percent
changes rather than changes in index points,because index point changes are affected by
the level of the index in relation to its base period while percent changes are not. The
example in the accompanying box illustrates the computation of index point and percent
changes.
Percent changes for 3-month and 6-month period are expressed as annual rates and are
computed according to the standard formula for compound growth rates. These data
indicate what the percent change would be if the current rate were maintained for a 12-
month period.
INDEX POINT CHANGE
CPI 315.5
Less previous index 303.5
Equals index point change 12.0
PERCENT CHANGE
Index Point difference 12.0
Divided by the previous index 303.5
Equals 0.040
Results multiplied by one hundred 0.040 x 100
Equals percent change 4.0
BUS—RE/5362683.5
Lease Agreement
Aspen Junior Hockey and Skating Foundation,Inc.
Page 16
Exhibit"D"
Maintenance and Cleaning services may be provided by the Parks&Recreation Department to
Aspen Junior Hockey at the rates identified below.
Cleaning: $24.00/hour
Maintenance: $65.00/hour
Cleaning services will include mopping and scrubbing of floors.Pick up of trash and general
wipe down of walls and locker exteriors as needed. Any regular maintenance requested by
Junior Hockey will be attached to this agreement as an addendum and signed by representatives
of each party.
JPW-saved:8/19!2014-4991-G:vohnlwordiagrlarc-Junior Hockey Lease-7-13-05.doc
BUS RFJ5362683.5