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HomeMy WebLinkAboutresolution.council.003-04 RESOLUTION NO, ~ Series of 2004 A 'RESOLI~i0N OF Ti~' CITy" OF AspEN, COLORAD0, AUTHOR/ZiNG THE CITY ' ~ANA~ER TO EXECUTE, ON BEHALF OF THE CItY OF ASPEN, A SECOND AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF ASPEN AND FRIENDS FOR THE ASPEN SPORTS AND RECREATION cOMPLEX (SpARC)i WHEREAS, there has been submitted to the City Council a proposed Second Amendment to an Agreement between the City of'Aspen and the Friends for the Aspen Sports and Recreation Complex (SPARC); and WHEREAS, after due deliberation, and consideration the .City Council has determined that it is in the best .interest of the City of Aspen to approve said amendment to the agreement and authorize the City Manager to execute same 'on behal£ofthe City of Aspen. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,' COLORADO, that the City manager is hereby authorized to execute on'behalf of the City of Aspen a Second Amendment to an Agreement in substantially the form as appended hereto as' Exhibit A. I, Kathryn S. Koch, duly. appointed and acting City Clerk do certify that the forego/ng is a lame and accurate copy o~,t~ resolution. . adopted by the City Council of. the City Of Aspen, Colorado, at a meeting held JgJ")~'C.fT~ ~, 2004. JPW- saved: 3/19/2004-23 ! -G:\john\w6rd'U-esos~sparc.2ndamend .doc ,SECOND AMENDMENT TO AG~E..MENT THIS SECOND AMENDMENT (the "Second Amendment"), made and entered into this ~_' day of Mq4~:ia.~; 2004, by and beiween'""TiiE CITY OF ASPEN, COLORADO, a Colorado municipal corporation ("City"), and FRIENDS FOR THE ASPEN SPORTS AND_ RECREATION COMPLEX, a COlorado nonprofit corporation ( sPxac ), . . .WITNESSETH: WHEREAS, City and SPARC are parties to that certain Agreement dated June 11, 2001, relating to the funding and construction of the ice arena facility portion of the Aspen Recreation Center (the "ARC'); and ~ WHEREAS, the parties hereto entered into a First Amendment to 'said Agreement dated August 13, 2003; and ' ....................... WHEREAS, t he parties h crete desire t o a mend o ne o r m ore terms o f t he s aid Agreement, as amended, as set forth herein. NOW,..THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and. for othor good and vaiuabl ~ considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree'that from and after the execution hereof by the parties, the Agreement shalI be deemed amended as Follows: .... 1. Section 2 of said .Agreement as Amended by the First Amendment is hereby further amended to read as follows: acknowled esthat SP , .... : ........... .,., ............... .,~ .................... . The Cit was 'hchieved in great part as a result, of a recognition by the community for the immedi!!te need for two full sized in~!o0r ice rinks in. Aspen. It is further recognized that the need for two full sized ice ~kating rinks (the'Lewi s Ice Arena located within the ARC. and the Aspen ICe Garden) will continue for the indefinite furore to meet the demand for such facilities from user groups and individuals in Aspen and visitors to Aspen; and, 'that the construction of the LeWis lee Arena was n_ot intende,d .,tqx,eplace the Aspen Ice Garden, but to supplement it-to continue to meet the' expected future needs of the community. Accordingly, the City agrees as follows: a. The City shall continue to own, operate and maintain no less than two full- sized indoor ice finks in Aspen,. to wit, the Lewis lc e Arena Within. the ARC and the Aspen' Ice Garden, and shall not sell or change the use of said facilities, for a period of no less than thirty (30) years from and a_,%r April 15, 2003; provided, however, that the City may replace the Lewis Ice Ar..ena. or.the. Aspen Ice Garden at any time with an ice rink/arena of equal or greater size, quality, finish standard and amenities to the facility being replaced. If t-he Lewis Ice Arena is replaced, 'the new ice rink shall also be named the Lewis Ice Arena Unless.the. Jonathan Lewis family wishes to give it another name. In 'the event such.-a replacement facility is "' planned, City shalI give SPARC an opportunity (bUt SPARC shall have no obligation) to raise additional funds to further enhance the size and/or quality of the replacement facility. b. The Lewis Ice Arena shall be available.for full .o'~eration as an ice skating rink twelve months of the year. For the period ending September 2005 the Aspen Ice Garden shall be available, for full operation as an ice skating rink t 2 months of the year. Thereafter, if City determines it is no longer economically feasible to operate t he Ice G arden during t he summer months i n addition t o operating t he LeWis Ice Arena, the City shall have the right, in its sole discretion and following consultation with the ARC Advisory Committee, to close the Aspen Ice Garden froTM nO longer than mid April to September 3'0 of each year. Any such decision shall be reviewed annually in advance by the City 'and the ARC Advisory Committee. c. Other than a replacement of the Ice Garden pursuant to sub-section 2. a., above, notwithstanding any Ianguage to the comrary contained herein, the City, with the pr/or consent of SPARC, may discontinue or significantly reduce the level of hours of operation of either the LewiS Ice Arena or the Aspen Ice Garden, or both, (including the Sale of one or both facilities) whenever the parties hereto agree t hat such discontinuance o'fs ervice i s i n the b est interests oft he City o f Aspen and the Aspen community, including, but not limited to, unfavorable economic conditions or such other situations that cause the demand for ice skating facilities to be significantly reduced from 'current expected levels. In the event SPARC ceases to exist the ARC Advisory Committee shall fill its role under this sub-paragraph. 2. Effect of Amendments. In all Other reSPects, the June 1I, 2001, Agreement, as amended by the First Amendment dated AUgust 13, 2003, shall remain unmodified hereby and in full force and effect. 2 IN WITNESS WItEREOF, the parties have hereunto set their hands and seals as of the day and year first· above written. CITY: THE CITY OF ASPEN, COLORADO, a Colorado ? By: ~ amryn ~k~h; City Clerk r_~onn, worcester, City'Att0rney SPARC: ;S%"6tTg/~, President acianer, ~ecretary FRIENDS FOR THE ASPEN SPORTS AND RECREATION COMPLEX, a JPW-3/19/2OO4'G:\john\word~agrXspare.second.amend.3.1$4)4.doe 3