HomeMy WebLinkAboutordinance.council.044-86 ORDINANCE NO..%4 (Series of 1986)
AN ORDINANCE APPROVING THAT AGREEMENT BETWEEN HARRY W. BASS, JR.
AND THE CITY OF ASPEN, COLORADO, PROVIDING FOR THE LEASING BY THE
CITY OF LOTS D, E, F, G, H AND I, CITY OF ASPEN, FOR USE AS A
PARK AND SETTING FORTH THE TERMS AND CONDITIONS OF SAID LEASE;
AND AUTHORIZING THE MAYOR TO EXECUTE SAID LEASE AGREEMENT ON
BEHALF OF THE CITY OF ASPEN
WHEREAS, the City has maintained and used Lots D, E, F,G, H
and I, Block 75, City of Aspen, as Bass Park for a number of
years; and
WHEREAS, the City Council desires to lease said property
from Harry W. Bass, Jr. for continued use as a park on a year-to-
year basis.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO
Section 1
That the City Council hereby approves that lease agreement
between Harry W. Bass, Jr. and the City of Aspen providing the
leasing of Lots D, E, F, G, H and I, Block 75, City of Aspen, for
the continued use of the property as Bass Park, setting forth the
terms and conditions of said lease, a copy of which lease
agreement is attached hereto and incorporated herein by this
reference, and authorizing the Mayor to execute said lease agree-
ment on behalf of the City of Aspen.
Section 2
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and shall not affect the validity of the remaining
portions thereof.
Section 3
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinance.
Section 4
A public hearing on the ordinance shall be held on the
day of ~ , 1986, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the c~c~~day of
/~ , 1986.
VWilliam L. sti~ling, Mayor
ATTEST:
Kathryn S~Koc City Clerk
2
FINALLY adopted, passed and approved this /~ day of
~ , 1986.
William L. Stirl~ng, Mayor
ATTEST:
Kathryn S/Koch, City Clerk
3
LEASE AGREEMENT'
THIS LEASE AGREEMENT, made 'and entered into this
day of , 1986, by and between HARRY W. BASS,
JR. (hereinafter referred to as "Lessor"), and the CITY OF
ASPEN (hereinafter referred to as"Lessee").
WHEREAS, Lessor is.the owner of Lots D, E, F, G, H,
and I, Block 75, City of Aspen, County of Pitkin, State of
Colorado,
AND WHEREAS, Lessee is desirous of leasing and using
said property as a park,
AND WHEREAS, Lesso~ is desirous of leasing said
property for use as a park on a year-to-year basis, with
automatic renewals unless terminated by either party hereto
at least sixty (60) days before the end of any yearly
term.
NOW, THEREFORE, for good and valuable consideration
and in consideration of the premises, it is agreed as
follows:
1. Lessor hereby lets and leases to Lessee for
successive one (1) year terms as set forth herein,
Lots D, E, F, G, H, and I, Block 75, County of Pitkin,
State of Colorado, together with improvements thereon,
for a yearly rental sum of Ten ($10.00) Dollars.
2. The lease shall be for consecutive one (1) year
terms unless and until terminated as set forth below,
commencing on the effective date of this lease
agreement and terminating, as may be applicable, on
the same date each succeeding year thereafter
(hereinafter referred to as "Anniversary Date").
3. This lease shall be automatically renewed for
consecutive one (1) year terms, unless notice is given
by either party at least sixty (60) days prior to the
anniversary date of any given year, in which event the
lease and all obligations hereunder shall terminate on
the anniversary date.
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4. Lessee agrees that 'it shall and will use the
hereinabove described'property for park purposes only
and, it is further agreed that Lessee may landscape
the premises and construct walkways, concrete benches,
water fountains and other park facilities consistent
with the use of the land..for a park.
5. During the term of this lease, Lessee shall
maintain the premises in a clean and orderly condition
and upon termination of the lease shall have the right
to remove the improvements placed thereon within a
reasonable period of time following the termination of
this lease agreement; provided, however, Lessor shall
be obligated to leave the premises in clean condition,
free of all debris and rubble, at such time as Lessee
vacates.
6. Lessee agrees to reimburse Lessor for all real
property taxes, special district or special
improvement district assessments or fees, and any
other such public charges made against the property
during and for the period the lease is in effect.
Lessor shall provide evidence of such payment to
Lessee, who shall pay Lessor within sixty (60) days
thereafter.
7. Lessee covenants and agrees to indemnify, hold
harmless, and defend Lessor from any and all claims
for personal liability or property damage with regard
.to the leased property during the term of this lease.
Lessee shall notify Lessor of any and all lawsuits
involving the property whether or not Lessor is named
therein.
8. The provisions of this lease 'shall be binding upon
the parties hereto and upon their successors, 'heirs,
executors and assigns.
9. Ail notices herein provided for shall be in writing
and sent by registered or certified mail, return
receipt requested, postage fully prepaid, to Lessor
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at: Harry W. Bass, Jr., 8333 Douglas Avenue, Suite
1400, Dallas, Texas 75225, and c/o J. Nicholas
McGrath, P.C., 600 East Hopkins Avenue, Suite 203,
Aspen, Colorado 81611, and to Lessee at: c/o City
Manager, 130 South Galena Street, Aspen, Colorado
81611, or at such other address as Lessor or Lessee
may theretofore have furnished.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands and seals the day and year first above
written.
ATTEST: LES SEE:
THE CITY OF ASPEN
L~S SOR:
H4~r~. Bass% Jr.
sh5: agrbas s
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