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Home My WebLink Aboutresolution.council.077-98 ~. RESOLUTION NO. 7'7 Series of1998 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND THE HARRY W. BASS, JR. MARITAL TRUST FOR THE MONTH TO MONTH LEASE OF BASS PARK, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Lease Agreement between the City of Aspen, Colorado, and the Harry W. Bass., Jr. Marital Trust for the month to month lease of property commonly known as Bass Park. 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 that Lease Agreement between the City of Aspen, Colorado, and the Harry W. Bass, Jr. Marital Trust for the lease of that certain property in the City of Aspen commonly known as Bass Park, a copy of 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. Dated: ~~~ ,1998. ~ ~hn S. Bonnett. M ~/~ I""'" r-, r 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 ~X of the City of Aspen, Colorado, at a meeting held 1998, Kathryn S. och, City Clerk r LEASE AGREEMENT THIS LEASE AGREEMENT is entered into this 13th day of October, 1998, by and between the HARRY W. BASS, JR. MARITAL TRUST (hereinafter referred to as "Bass Trust" or "lessor"), and the CITY OF AsPEN (hereinafter "Aspen" or "lessee"). WHEREAS, the Bass Trust is the successor to property owned by Harry W. Bass (the "Bass property") located in Aspen, Colorado, and WHEREAS, there has been an existing lease between Harry W. Bass, lessor, and the City of Aspen, lessee, since 1986 for the Bass property (see 1986 lease agreement attached), and WHEREAS, the lease entered into in 1986 has been terminated effective October 12, 1998,and WHEREAS, Aspen and the Bass Trust desire to renew the lease of the Bass property for use as a park on a month-to-month basis, with automatic renewals unless terminated by either party hereto at least twelve days before the twelfth of any month. NOW THEREFORE, for good and valuable consideration and in consideration of r the premises, it is agreed as follows: 1. Lessor hereby lets and leases to lessee for successive one month terms as set forth herein, Lots D, E, F, G, H, and I, Block 75, City of Aspen, County of Pitkin, State of Colorado, together with improvements thereon for a monthly rental sum of one dollar ($1.00). 2. The lease shall be for consecutive one month terms unless and until terminated as set forth below, commencing on October 13, 1998 and terminating, as may be applicable, on the twelfth of each successive month thereafter. 3. This lease shall be automatically renewed for one month terms, unless notice is given by either party at least twelve days prior to the twelfth day of any given month, in which event the lease and all obligations hereunder shall terminate on the twelfth day of the month specified in the notice, 4, Aside from the lease term, rental sum, period for notice of termination, and any other contrary provisions within this agreement, the terms and conditions specified in the 1986 lease agreement attached hereto shall apply to this lease agreement. 5. If this lease shall terminate during any calendar year, Aspen agrees to pay r -1- r" its pro rata share of all real property taxes, assessments or fees, and any other public charges made against the property during that year. 6. All notices herein provided for shall be in writing and sent by registered or certified mail, return receipt requested, to Lessor at:. Harry W. Bass, Jr. Marital Trust, c/o J. Nicholas McGrath, P.c., 600 East Hopkins Avenue, Suite 203, Aspen, CO 81611, and c/o J. Michael Wylie, Jenkens & Gilchrest, 1445 Ross Avenue, Suite 3200, Dallas, TX 75202-2799, and Lessee at: c/o City Manager, 130 South Galena Street, Aspen, CO 81611. IN WITNESS WHEREOF, the parties hereto have caused this lease to be executed the day and year first above written. A TrEST: LESSEE: <=C1r- ASPEN , By:.. . .~~~ ~. ~4A, . . Ka yn Koch LESSOR: HARRY W. BASS, JR. MARITAL TRUST By: Trustee STATE OF COLORADO ) ) 88 County of PITKIN ) The foregoing instrument was acknowledged before me this _ of October, 1998 , by Witness my hand and official seal. My commission expires: Notary Public r, .2- , r LEASE AGREEMENT -HI THIS LEASE AGREEMENT, made and entered into this r~ day of O';1vb-"-,\/ , 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, Lessor is des.irous 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 and in consideration of the premises, it follows: consideration is agreed as (' ,- 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. r" - 1 - i " "......" I .:1 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. r 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 eyidence of such payment to Lessee, who shall pay Lessor within sixty (60) days thereafter. 7. Lessee covenants and agrees tp 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. All notices herein provided for shall be in and sent by registered or certified .mail, receipt requested, postage fully prepaid, to writing return Lessor r - 2 - ~. 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, set their hands and seals written. the parties hereto have hereunto the day and year first above ATTEST: LESSEE: ~J~ THE CITY OF ASPEN By, ~~A ~ L SSOR: L. H . Bass Jr. sh5:agrbass F". ! - 3 -