HomeMy WebLinkAboutresolution.council.156-17 RESOLUTION # 156
(Series of 2017)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A LEASE EXTENSION AGREEMENT BETWEEN
THE CITY OF ASPEN AND FIERCELY LOCAL LLC.
WHEREAS, there has been submitted to the City Council a Lease
Extension Agreement between the City of Aspen and Fiercely Local LLC
regarding the continuation of the lease in the Wheeler Opera House of the
premises now known as Justice Snow, a true and accurate copy of which is
attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Lease
Extension Agreement between the City of Aspen and Fiercely Local LLC
regarding the continuation of the lease in the Wheeler Opera House of the
premises now known as Justice Snow, a copy of which is attached hereto and
incorporated herein, and does hereby authorize the City Manager to execute said
agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City-Council of the City of
Aspen on the 13th day of November 2017. Z" ;
Steven Ska on, Mayor
I, Linda Manning, 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, Colorado, at a meeting held November 13, 2017.
G
Linda Manning, City Clerk
LEASE,F,XTENSION AGREE,11EN'r
THIS LEASE EXTENSION AGREEMENT, is made and entered into as of this day of
November, 2017, between City of Aspen. 130 South Galena Street, Aspen, Colorado
(hereinafter refefred to as "Landlord"). and Fiercely Local LLC (hereinafter referred to as
"Tenant"), whose address is 213 S. Mill Street, Aspen, Colorado, 81611.
WITNESSETH:
WHEREAS, on or about May 27, 2011, the parties hereto entered into a lease agreement for
certain property described as the portion of the first floor of the '`Wheeler Opera House currently
occupied by the Bentley's restaurant consisting of 2618 net leasable square feet...;" 213 S. Mill
Street, Aspen, Colorado (hereinafter be referred to as the "Lease"). The Tenant has operated the
business know as Justice Snow on the premises since December;2011; and,
WHEREAS, the initial term of the Lease was for a period of five (5)years commencing on
December 1, 2011 and terminating on December 31, 2016: and.
WHEREAS, since December 31, 2016, the Tenant has remained in possession of the lease
premises with the consent of the Landlord on a month to month basis with the rent continuing in
the amounts set forth in the Lease; and,
WHEREAS, the Landlord and Tenant desire to extend the lease for a period through April 15,
2018, on the same terms as set forth in the Lease, except as modified herein.
NOW, THERFORE, In consideration of the mutual covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby mutually
acknowledged, the parties agree as follows:
Section 1: Term
The term of the lease is hereby extended for a period to and including April 15. 2018.
Section 2: Rent
Tenant shall pay Landlord at the address of the Landlord or at such other place as Landlord may
from time to time designate in writing to Tenant, without any prior demand therefore and without
any deduction or setoff whatsoever, rent in the amount of eight percent (8%) of Gross Sales, as
Gross Sales are defined in paragraph 3.c. of the Lease. Commencing on November I, 2017, no
Base Rent payments as set forth in paragraph 3 of the Lease shall he due and payable. Rent for
November and December, 2017, shall be due in payable with the remainder of the 2017 Gross
Sales percentage rent that is due on January 31, 2018. The rent due for the remaining term of the
lease will be due the 15`1' of the month following receipt of the gross sales. Byway of example,
the percentage rent for gross sales for January, 2018, shall be due and payable February 15,
2018.
Section 3: Other provisions
a) All other Lease terms, not otherwise amended herein, shall remain in full force and
effect.
b) Tenant waives any and all claims it has or may have had to possession of the premises
after April 15, 2018. and agrees to promptly vacate the premises on that day, and releases
and holds Landlord harmless from an),such claims, demands are causes of action related
to any claim for possession or right to possession associated with the Lease term and any
purported renewal thereof.
c) Landlord agrees that the business, which is now closed, may remain closed through
November 16, 2016.
d) Tenant agrees that the business will be open to the public at all times during normal
operating hours for lunch and dinner, seven days per week from November 17,2017
through April 15, 2018.
IN WITNESS WHEREOF,the Landlord and Tenant have executed this Lease Extension
Agreement on the day and year first above written.
LANDLORD: City of Aspen
/7L_' c i` Date
vf� Stephen H. Barwick, City Manager
A ss;s�a F �'c �� fvl aL r
TENANT: Fiercely Local LLC
Date �� d/•/Lu�
atele nn Kiley, Member i tanager