HomeMy WebLinkAboutresolution.council.014-04A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF ASPNE AND
MOUNTAIN RESCUE ASPEN, INC. FOR LOT M, BLOCK 24 IN THE CITY OF ASPEN
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID LEASE 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. for City owned property with a
legal description of Lot M, Block 24 in the City of Aspen, Colorado, a copy of which Lease
Agreement is annexed hereto and part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO.
SectionOne
That the City Council of the City of Aspen hereby approves the Lease Agreement
between the City of Aspen, Colorado, and Mountain Rescue Aspen, Inc. for City-owned property
with a legal description of Lot M, Block 24 in the City of Aspen, a copy of which is annexed
hereto and incorporated herein, and does hereby authorize the City Mahager to execute said
Lease Agreement on behalf of the City of Aspen.
Dated:
Helen Kaiin l~lande~'"~Ma~or
I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and
accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a
~ ~ , 2004.
meeting held
I~l~ryn S. Ko,(City Clerk
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LEASE
THIS INDENTURE made this I day of /VItrlTctt\ , 2004,
between THE CITY OF ASPEN, COLORADO, a municipal corporation, the Lessor, and
MOUNTAIN RESCUE ASPEN, INC., the Lessee:
W I TNE S S E T H:
WHEREAS, the 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 agreement for an
additional twenty (20) year period commencing on the date hereinabove first stated.
NOW, THEREFORE, for an in consideration of Ten Dollars ($10.00) and other
valuable consideration the sufficiency of which is hereby acknowledged, the parties
hereto mutually covenant and agree as follows:
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 twenty (20) years, subject to the early termination prowsion of
Section 4 and 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 above-stated twenty-year term on the same terms and conditions as
herein stated.
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.
Lessee h as erected, constructed, o r caused t o b e erected o r constructed, the
following-described improvements:
A panabode structure with addition including garage with second floor.
Lessee shall have the right at its own expense from time to time during the lease
term to improve or alter the demised premises in any manner whatsoever provided
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that the making of such improvements 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.
It is mutually understood that either party shall have the right to cancel this
lease and any renewal or extension hereof at any time during the term, thereby
created, upon good cause, by giving to the other party written notice of such
intention at least one hundred eighty (180) days prior to the effective cancellation
of this lease agreement. As used herein, "good cause" shall mean a breach of this
Lease by the non-terminating party or if Lessee ceases to be an organization
dedicated to search and rescue in Pitkin County
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.
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 o f Colorado and be satisfactory to City. The amount of this
insurance, without coinsurance 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:
a. $150,000.00 for any injury to one person in any single occurrence;
b. $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.
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,
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Colorado, and for no improper or questionable purposes whatsoever; to keep the
sidewalks in fi:ont of and around said premises free from ice and snow, and keep
such sidewalks and premises free from all litter. Dirt, debris and obstruct/on; 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
conduct, noise or nuisance whatsoever about said premises having a tendency to
annoy or disturb any persons occupying adjacent premises.
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Lessor further covenants and the Lessee, upon complying with all its
obligations mentioned herein, shall and may peaceably and quietly have, hold and
enjoy the demised premises during the term aforesaid.
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 seal the
day and year first above written.
LESSOR:
THE CITY OF ASPEN, COLORADO
Mayor
ATTEST:
LESSEE:
MOUNTAIN RESCUE ASPEN, INC.
By: ~ker President
ATTEST:
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