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Home My WebLink Aboutresolution.council.070-98 r- RESOLUTION NO. 'ilJ Series of 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A N AGREEMENT TO RENEW AND AMEND MANAGEMENT AGREEMENT BETWEEN THE CITY OF ASPEN AND THE ASPEN/SNOWMASS COUNCIL FOR THE ARTS FOR THE OPERATION, MANAGEMENT AND LEASE OF THE RED BRICK SCHOOL BUILDING, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council An Agreement to Renew and Amend Management Agreement between the City of Aspen and the AspenlSnowmass Council for the Arts for the operation, management and lease of the Red Brick School Building a copy of which is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One /""""-, That the City Council of the City of Aspen hereby approves the Agreement to Renew and Amend Management Agreement between the City of Aspen and the AspenlSnowmass Council for the Arts for the operation, management and lease of the Red Brick School, a copy which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said agreement on behalf of the City of Aspen. D""'~ar.l" . - Mrfo/ rD' ~ I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of th~ resolution ado)'ted by the City Council of the City of Aspen, Colorado, at a meeting held ..k;P I):!P ",.JtL-\ d:L?;, 1998. , ~. JPW-09/23/98-G:\john\word\resos\mou-res.doc , r AGREEMENT TO RENEW AND AMEND MANAGEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF ASPEN, COLORADO, a municipal corporation ("City"), and the ASPEN/SNOWMASS COUNCIL FOR THE ARTS, a Colorado not-for-profit corporation ("Arts Council"), and effective on this 1st day of September, 1998. WI TNE SSE T H: WHEREAS, the City and Arts Council executed that certain Management Agreement dated December 9, 1993, and approved by the Aspen City Council by Resolution No. 88 (Series of 1993); and WHEREAS, the City and Arts Council executed an Agreement to Renew and Amend Management Agreement to extend the term of the lease agreement through August 31, 1998; and WHEREAS, said Management Agreement is appended hereto as Exhibit "I" and by this reference incorporated herein as if fully set forth; and r-., WHEREAS, the City and Arts Council desire to extend the term of the Management Agreement as herein amended. NOW, THEREFORE, in consideration of the mutual promises herein contained, the City and Arts Council agree as follows: 1. All the terms and conditions of the Management Agreement shall remain in full force and effect during the term of this renewal except as specifically provided herein. 2. Section XIV, TERM OF AGREEMENT, is amended to read as follows: ~ ! The term of this agreement shall commence on September 1, 1998, and shall terminate on August 31, 2003. It is anticipated by the parties that two (2) months before the expiration date of this agreement the parties shall confer to determine (1) the appropriateness of renewing this agreement for a new term, (2) amending the agreement, (3) entering into an entirely new agreement, or (4) terminating the relationship between the parties. If the parties are unable to decide upon an appropriate course of action at the end of the term of this agreement, then this agreement shall continue on a month-to-month basis until a new term and/or agreement has been established. The City shall maintain the option and unqualified right to terminate the services of the Arts Council and this agreement upon the expiration of the terms and/or after any month-to-month term as provided for hereinabove. o management fee in the amount of twelve percent (12 %) of total building revenues as compensation for its management services as described herein. In addition to the management fee set forth above, the Arts Council shall be authorized to occupy 225 square feet of space in the property rent-free. 4. Section IX, INDEMNIFICATION AND INSURANCE, is amended to delete the requirement that the Arts Council be required to secure a policy of insurance covering all public risks relating to the leasing, use, occupancy, maintenance, or operation of the Property, for the benefit of the City. Nothing in the preceding sentence shall neither prohibit the Arts Council from securing such insurance for its own benefit, nor relieve the Arts Council from securing contents insuranee for the benefit of the Arts Council. IN WITNESS WHEREOF, the City has executed this agreement in its name with its seal hereunder affixed and attested by its duly authorized officers, and the Arts Council has caused this agreement to be executed in its name and attested by its duly authorized officer. CITY OF ASPEN By: A(, fiiTL o ATTEST: ASPEN/SNOWMASS COUNCIL FOR THE ARTS By ~~#-i:~~J WITNESS: o ~ /""'0, ~ EXHIBIT A PARCEL A: Lots A through I and Lots K through S, together with and includ- ing a certain strip of land as an alley extending through or between said lots, Block 64, City and Townsite of Aspen; and PARCEL B: Lots E, F, G and Fractional Lots A, Band C, EXCEPT that portion of Lot G conveyed to the City of Aspen by Deed recorded October 16, 1973 in Book 177 at Page 606 as Reception No. 100504, Block 71, City and Townsite of Aspen, County of pitkin, state of Colorado. ""-, r f' I \ f' o () () C 'D 1-" (1) ~ t7 '< () 1-" rt '< EXHIBIT B ~ ~ '-oj ;a m o t::'J ~._.~-------_..._( ;a ~-_. 1I,!~F~1111 ~ I.t II 'R=.rJ \.: i' ~ < ~ ~~L",..;=\. ~ ~ ~ ,If J'''''''''''''''''''lll' n Ill' --:{ '~-~~- o i J. ,~ , ~'~ I....~ ~ .." ~ ~ r'~lillfl"iilil~1 ~. JI. ,-l , ilf", 1;lt I ::r> rif[! ~ Ii '" 1 ~~ Ill! if' ' J . I r-".'.-2;ffii#~Hii ~ .: :i"~.-: . , II ' 0 i 'I L -,J~~ '.1' \ j I i LJl ~-.~~-0r~ol 'I '-'-':~'::~==-'i~o~~~~,!~i~~~",~; '~[ ~ l ;LI~~ij " ;~ II' :cblC~~ ~-':' idl , II i, ,- tf~~,::..", ~,lot- ~1}.__- ,~~ J1' 'H .. T ,,. r i}6~f .,:' - ; II ; I '. I' 'O,t./{_. -- : :, L-~~_tt:~ -"{-l ~!j, .- I' , ' bl2j'l ,;~ ',' , i c--'-r~ -'-rrr~ ",' 7 Ii I p,,/ J/: 'i~lii ','I' : [,.', . , Iii ,r I; --,~ f , ..__--.1 li'T:, J,{i "- ' ~~ . Hi: ::' : 1l :~ r r .r-\ EXHmIT C CITY AND ARTS COUNCIL MANAGEMENT AGREEMENT TENANT SELECTION CRITERIA Tenants will be selected by the Aspen Snowmass Council for the Arts pursuant to the following standards and considerations. In order to provide the Council with the flexibility needed to evaluate and coordinate diverse prospective tenants, tenants' needs and available space, a subjective, non-formula, approach will be used. There will be no bias in favor of members of the Council. Tier 1 - Requirements In order to be eligible for consideration as a tenant, the following absolute requirements must be met. 1. The tenant must be an arts or recreation related not-for-profit organization, or an artist (allowed within certain bond related limitations), Other "community uses" can be accommodated consistent with the language of the bonds and election, but arts, artists and recreation will be given priority. "Not for Profit" as used above means a du1y constituted 501 [C] (3) corporation having received and maintained such designation from the Internal Revenue Service. 2. The prospective tenant must demonstrate ability to pay rent and meet other related financial obligations pursuant to the lease. Financial statements, tax returns and landlord references will be analyzed. 3. The prospective tenant must be willing to sign the standard lease. 4. All activities to be conducted on the premises by the prospective tenant must be consistent with zoning. Tier 2 - Considerations Those prospective tenants who meet the Tier 1 requirements will be evaluated based on factors including, but not limited to, the following which are not listed in priority order: 1. 2. 3. 4. 5. 6. 7. 8. Compatibility with other users, Traffic generation (pedestrian, vehicle), Noise, odor, light, energy impacts, Education orientation, Creative vs. administrative activities, Tenant improvements to be made, Involvement in community, Input from existing tenants, r.... ~, I""""- 9. 10. 11. Plans to manage, handle and dispose of any hazardous materials used, Neighborhood impacts and plans to mitigate, Impact on open space. G:\contract\agreement\managernent agreement-art council