HomeMy WebLinkAboutresolution.council.063-94 RESOLUTION NO. ~ (Series of 1394)
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF
ASPEN, COLORADO, AND MOUNTAIN RESCUE, ASPEN, INC., SETTING FORTH
THE TERMS AND CONDITIONS REGARDING THE LEASE OF LOT M, BLOCK 24~
CITY OF ASPEN, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY OF ASPEN
WHEREAS, there has been submitted to the city Council a
lease agreement between the City of Aspen, Colorado and Mountain
Rescue, Aspen, Inc., a copy of which lease agreement is annexed
hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the city Council of the City of Aspen hereby approves
that lease agreement between the City of Aspen, Colorado, and
Mountain Rescue, Aspen, Inc., for Lot M, Block 24, City of Aspen,
a copy of which is annexed hereto and incorporated herein, and
does hereby authorize the City Manager to execute said lease on
behalf of the City of Aspen.'
Dated: ,~-~ , 1994.
Joh~ S. Bennett, Mayor
I, Kathryn S. Koch, 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,
at a meeting held ~~ , 19941
Colorado,
Kathryn ~/. Koch, city Clerk
jwYl8.1
LEASE
THIS INDENTURE made this ~ day of ~~ ,
1994, between THE CITY OF ASPEN, COLORADO, a municipal corpora-
tion, the Lessor, and MOUNTAIN RESCUE, ASPEN, INC., the Lessee:
W I TN E S SETH:
WHEREAS, the City of Aspen entered into a five (5) year
renewable lease agreement dated February 11, 1980, with Mountain
Rescue, Aspen, Inc. for the lease of LOt M, Block 24, in the City
of Aspen; and
WHEREAS, the City of Aspen and Mountain Rescue, Aspen, Inc.
renewed the lease agreement on March 15, 1985, for an additional
term of five (5) years; and
WHEREAS, the parties hereto desire to renew the' lease agree-
ment for an additional five (5) year period commencing on the
date 'hereinabove first stated.
NOW, THEREFORE, for and in consideration of. Ten Dollars
($10.00) and other valuable consideration the sufficiency of
which is hereby acknowledged, the parties hereto mutually cove-
nant and agree as follows:
1. That the Lessor hereby leases and demises to the Lessee
the following-described premises, situate in the County of Pitkin
and State of Colorado, to wit:
Lot M, Block 24, in the City of Aspen, Colorado,
for a term of five (5) years, with the express understanding
that, if agreeable to both the Lessor and the Lessee, this lease
agreement may be renewed for any period of time at the end of the
~o~e ~a~e~ five-year term on the same terms and c~n~lulOnS as
herein stated.
2. In consideration of renting the above premises Lessee
agrees to assume responsibility for paying all utilities and for
acquiring liability insurance during the term of this lease.
3. Lessee has erected, constructed, or caused to be
er'ected or constructed, the following-described improvements:
A panabode structure a4~. ~u\
Lessee shall have the right at its own expense f~om time to time
during the lease term to improve or alter the demised premises in
any manner whatsoever provided that the making of such improve-
ments or alterations shall be accomplished in a workmanlike
manner and in compliance with all applicable federal, state and
municipal laws and regulations. The above improvements and any
additions or other improvements placed in or on the demised
premises by Lessee shall be considered as personal property and
shall remain the property of Lessee, who shall have the right to
remove the same from the premises on the expiration of this
lease.
4. It is mutually understood that either party shall have
the privilege to cancel this lease and any renewal or extension
hereof at any time during the term, thereby created, without
cause, by giving to the other party written notice of such
intention at least ninety (90) days prior to the effective
cancellation of this lease agreement.
5. Lessee agrees to indemnify, defend and hold harmless
City,'its employees, officers and agents from and against any and
all claims or suits for property loss or damage and/or personal
injury or loss, including death, to any and all persons, whether
real or asserted, arising out of or in connection with the
Lessee's leasing, maintenance, use or occupancy of the Premises.
Lessee shall, likewise, indemnify City for all injury or'damage
to the Premises arising from the use, occupancy or maintenance of
same, whether caused by Lessee, its employees, agents, or
invitees, or other third persons. Nothing herein, however, shall
be construed to impose liability or responsibility upon Lessee
for the negligent acts or omissions of the City or its employees.
6. Lessee agrees to furnish City with certificate(s) of
insurance as proof that it has secured and paid for a policy of
public liability insurance covering all public risks related to
the leasing, use, occupancy, maintenance, operation or location
of the Premises. The insurance shall be procured~from a company
authorized to do business in the State of Colorado and be satis-
factory to City. The amount of this insurance, without co-
insurance clauses, shall not be less than the maximum 'liability
that can be imposed upon the City of Aspen under the laws of the
State of Colorado found at C.R.S. Section 24-10-101 et seq., as
amended. At present, such amounts shall be as follows:
- $150,000.00 for any injury to one person in any single
occurrence;
- $600,000.00 for any injury.to two or more persons in
any single occurrence.
In no event shall such insurance amounts fall below those
maximum liability limits as set forth at C.R.S. Section 24-10-
114, as amended.
7. Lessee agrees to use said premises for no purposes
prohibited by the laws of the United States, or the State of
Colorado, or the ordinances of the City of Aspen, Colorado, and
for no improper or questionable purposes whatsoever; to keep the
sidewalks in front of and around said premises free from ice and
snow, and keep such sidewalks and premises free from all litter,
dirt, debris and obstruction; to keep said premises clean and in
the sanitary condition required by the County of Pitkin and City
of Aspen, Colorado; to neither permit nor suffer any disorderly
~on~u~t, noise or nuisance whatsoever about said premises having
a tendency to annoy or disturb any persons occupying adjacent
premises.
8. Lessor further covenants and the Lessee, upon complying
with all its obligations mentiOned herein, shall and may peace.
ably and quietly have, hold and enjoy the demised premises during
the term aforesaid.
9. This agreement shall extend to and be binding ~upon the
successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
LESSOR:
ATTEST:
President
ATTEST:
S~cretary
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