HomeMy WebLinkAboutresolution.council.141-25RESOLUTION 4141
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN AMMENDMENT TO RESOLUTION #014-
2024 A CONSTRUCTION PAYMENT AGREEMENT BETWEEN THE CITY
OF ASPEN AND THE FARM COLLABORATIVE AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID AM ENDMENT ON BEHALF OF THE
CITY OF ASPEN, COLORADO.
WHEREAS, the City of Aspen and the Farm Collaborative entered into a
Construction payment agreement via Resolution #014-2024, a true and accurate
copy of which is attached hereto as Exhibit "A";
WHEREAS, there has been submitted to the City Council an amendment to
the construction payment agreement between the City of Aspen and The Farm
Collaborative, a true and accurate copy of which is attached hereto as Exhibit "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 an amendment
to the Construction Payment Agreement between the City of Aspen and The Farm
Collaborative, a copy of which is annexed hereto and incorporated herein and does
hereby authorize the City Manager to execute said contract amendment on behalf
of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Coun
Aspen on the 14th day of October, 2025. _
cil of the City of
or
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, October 14th , 2025.
Nicole Henning, City Clerk
n� J�15c�1z. He.�n�n�
Docusign Envelope ID: AOAD4DAO-2BF4-48F5-9C76-64CD2763DE89
AMENDMENT TO CONSTRUCTION PAYMENT AGREEMENT
This Amendment to the CoristrIJrtinn Payment Agreement(" Amendment"), entered into
this_, day of , 014 25, amends that Construction Payment
i
Agreement between the City of Aspen, Colorado (" City") and the Farm Collaborative , a
Colorado non- profit corporation effective January 23rd , 2024 (" Construction Payment
Agreement").
RECITALS
WHEREAS, the Lessee, leases 14.23 acres from the City of Aspen through an agreement
established in 2018, herein referred to as the If Lease", as more fully described in Exhibit A
of the Construction Payment Agreement and,
WHEREAS, the Farm Collaborative Learning Center development has been reviewed and
is supported by the City of Aspen Open Space and Trails Board, and,
WHEREAS, the Farm Collaborative was granted approval for a development permit by the
Board of County Commissioners in Resolution ##26 of 2021, and,
WHEREAS, the Farm Collaborative was granted a Building Permit (BLDG,2626. 2021)
and an Earth Moving permit (0010. 2022.PERT) by Pitkin County,
WHEREAS, the City entered into a Construction Payment Agreement for the costs of the
construction of a wastewater system associated with the Farm Collaborative Learning
Center project (Resolution #014-2025), and,
WHEREAS, the construction of the wastewater system was under the projected budget
and, as a result, the Farm Collaborative did not use the full amount of funds commited by
the City in the Construction Payment Agreement to construct the wastewater system, and,
WHEREAS, other infrastructure components of the Farm Collaborative project have
exceeded project costs, and,
WHEREAS, the City desires to amend the Construction Payment Agreement to allow the
remaining funds to be used for materials and labor to construct improvements associated
with the project in addition to the installation of the wastewater system under the terms
and conditions set forth herein
Docusign Envelope ID: AOAD4DAO-2BF4-48F5-9C76-64CD2763DE89
Now, therefore, in consideration of the mutual promises set forth herein the parties agree
to amend the Construction Payment Agreement ("CPA") as follows:
1. An additional section identified as 2.1 shall be included in the CPA following
paragraph 2 Reimbursement of Expenses that reads as follows:
In addition to the City's obligation to pay for expenses related to the OWTS, the City
shall pay for expenses related to the equipment, materials, and construction of
fire suppression improvements, irrigation, and water supply/ treatment systems
for the Farm Collaborative Learning Center.
Reimbursement of expenses for improvements other than the OWTS shall not
exceed $185,000, and the total amount payable by the City under this Agreement
shall not exceed a total of $735,000. Reimbursement of expenses pursuant to
paragraph 2.1 is contingent on the following conditions:
a) The yurt structure and substructure must be removed from the current
Location.
b) The rolling greenhouse will be relocated to the field adjacent to HWY 82.
c) The current temporary housing structures will be re -located to a location
approved by staff.
d) Prior to any payment due under this section, Farm Collaborative shall
prepare an invoice for the amounts due and deliver said invoice to the City
of Aspen along with all receipts for any material costs.
e) These funds may not be used for building fixtures, finishes, furniture,
appliances, or any items unrelated to the infrastructure for which
payments are authorized herein.
2. Paragraph 4 of the CPA shall be amended to state:
Reimbursement of expenses is limited to the installation of the onsite
wastewater system and the costs identified in 2.1 and cannot be used for any other
portion of the building project.
3. All other terms and conditions of the Lease agreement not expressly modified herein
shall remain in full force and effect.
Docusign Envelope ID: AOAD4DAO-2BF4-48F5-9C76-64CD2763DE89
City of Aspen, Colorado
Signed by:
!tft� � /t&WO/17/2025110:29:02 AM MDT
y:7753E0500940430...
Name
Date
The Farm Collaborative LLCa
By:
Name
Eden Vardy, Executive Director
Date
October 9, 2025