HomeMy WebLinkAboutresolution.council.040-90
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RESOLUTION j/d/ n
Series 1~
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF ASPEN
EXPRESSING ITS INTENT TO LEASE MUNICIPAL PROPERTY TO THE
ASPEN YOUTH CENTER, INC., FOR THE LOCATION AND CONSTRUCTION
OF A YOUTH CENTER FACILITY.
WHEREAS, The city Council of the city of Aspen has
previously approved the use of certain municipal property by the
Aspen Youth Center, Inc., a Colorado non-profit corporation, for
the location and construction of a youth center facility; and
WHEREAS, the city and the Aspen Youth Center, Inc., have not
yet executed a written lease for the premises to be utilized for
the Youth Center and have yet to come to specific terms
therefore; and
WHEREAS, the Aspen Youth Center, Inc., wishes to utilize the
remainder of the 1990 building season to begin construction on
the youth center facility as soon as possible; and
WHEREAS, the city and the Aspen Youth Center, Inc., desire
to formalize the City'S commitment to make the subject municipal
property available for the construction of the youth center
facility in the absence of a formal and mutually approved
contract.
NOW, THEREFORE, be it resolved by the City Council of the
City of Aspen, Colorado, as follows:
section 1:
The city of Aspen does hereby grant to the Aspen Youth
Center, Inc., a Colorado non-profit corporation, permission and
the right to enter and occupy from the date of this Resolution
that municipal property located in the city of Aspen
approximately bordered on the west by the east wall of the
municipal parking structure, on the north by the south curb of
the Rio Grande Place, on the east by the center of the asphalt
bike path, but not past the west wall of the Pitkin County Jail
as depicted on the Schmueser Gordon Meyer existing conditions
survey dated 8/30/90 (a copy of which is attached hereto and
incorporated herein), and on the south by the property line as
yet to be finally defined and established dividing the
municipally-owned parcel as described herein from the south
adjoining parcel owned by pitkin County, Colorado.
section 2.
The City of Aspen does hereby further grant the Aspen Youth
Center, Inc., a revocable license to occupy and utilize for
construction staging that municipally-owned property adjacent to
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the premises as described above in section 1 and as more
particularly depicted on the existing conditions survey attached
hereto.
section 3.
The grants of entry and occupancy as herein provided shall
inure only to the benefit of the Aspen Youth Center, Inc., for
the construction of a youth center facility and may not be
transferred or assigned. Should Aspen Youth Center, Inc., not
complete construction of the youth facility for any reason
whatsoever, or should the youth facility cease at any time to
operate as a youth center, then all rights and interests in the
lands as herein provided shall terminate and possession of the
same shall revert to the city. In the event such termination
shall occur prior to the completion of the facility, Aspen Youth
Center, Inc., shall bear the full cost and responsibility of
restoring the subject lands to their original pre-construction
condition.
section 4.
The city Attorney is authorized and directed to negotiate
and prepare a long term lease for the premises described in
section 1 above and it is the city's intent expressed herein to
enter into and execute same.
section 5.
Nothing herein shall excuse or be construed to excuse Aspen
Youth Center, Inc. from any applicable permitting process as
utilized and enforced by the city for the construction and or
operation of the youth facility.
section 6.
The City Attorney is authorized to prepare and submit to the
Aspen Youth Center, Inc., a letter of intent incorporating the
terms of this Resolution to be countersigned by the Aspen Youth
Center, Inc., as its consent and approval to the terms and
conditions herein provided.
Signed this
~ day of S---'1fV' , 1990~ ... ~__
BY:~~~~~
William C. Stir1ing, Mayor
I, Kathryn S. Koch, duly appointed and acting city Clerk do
certify that the foregoing is a true and accurate copy of the
resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held .'Lrpl 10 , 1990.
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~Klthryn S. Ko~k, City crerk~-o' J
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ASPEN YOUTH CENTER BOUNDARY DESCRIPTION
Bounded on the west by the east wall of the parking structure
(except at the exhaust vent at the northeast corner of the parking
structure, where the Property Line will be adjusted so the exhaust
vent is code minimum distance from the Property Line. Stairs
between Parking structure and Youth Center to be defined as an
easement. )
Bounded on the north by the south curb of Rio Grande Place (to be
platted) .
Bounded on the east by the center of the asphalt blke path/future
trolley way, but not past the west wall of the Pitkin County Jail,
as shown on schmueser Gordon Meyer survey dated 8-30-90 Job #9279.
Bounded on the south by a line not less than 28'-0" to the south of
the east/west planter wall on top of the Parking structure adjacent
to the stairs.
Rough Draft
Hard Copy to follow
cc Bob Gish
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CAUDILL GUSTAFSON ROSS & ASSOCIATES AqCHITECTS PCP 0 BOX FF ASPEN COLORADO 81612 303-825-3383
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