HomeMy WebLinkAboutresolution.council.081-05
RESOLUTION NO. ~I
Series of2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A LEASE AGREEMENT AND MEMORANDUM OF UNDERSTANDING FOR
THE JUNIOR HOCKEY MEETING ROOM AND OFFICE SPACE IN THE LEWIS ICE
ARENA, BETWEEN THE CITY OF ASPEN AND ASPEN JUNIOR HOCKEY AND
SKATING FOUNDATION INC., AND AUTHORIZING THE MAYOR OR CITY MANAGER
TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a lease agreement and
memorandum of understanding for an Aspen Junior Hockey addition to the Lewis Ice
Arena, between the City of Aspen and Aspen Junior Hockey and Skating Foundation
Inc., a true and accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that lease agreement
and memorandum of understanding for Aspen Junior Hockey lease space at the Lewis Ice
Arena, between the City of Aspen and Aspen Junior Hockey and Skating Foundation
Inc., a copy of which is annexed hereto and incorporated herein, and does hereby
authorize the Mayor or 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
'''''~d'YO~20<l5 _ ~~_ /./.
/He ~d, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy ofthat resolution adopted by the City Council of the
City of Aspen, Colorado, at a meeting held on the day h einabove stated.
TLO- saved: 9/612005.289-G:\tara\ResosVunior Hockey.doc
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and executed on , 2005,
by and between the CITY OF ASPEN, Colorado, a home rule municipal corporation (hereinafter
referred to as the "City" or "Lessor"), and ASPEN JUNIOR HOCKEY AND SKATING
FOUNDATION, INC., a Colorado nonprofit corporation, (hereinafter referred to as the "AJH" or
"Lessee").
WIT N E SSE T H:
WHEREAS, AJH desires to construct and occupy space within the Lewis Ice Arena to be
used as an office space and meeting room for AJH as more fully described in Exhibit A
appended hereto; and,
WHEREAS, the City is willing to allow AJH to construct and occupy said space under
certain terms and conditions; and,
WHEREAS, the parties hereto desire to execute a Lease Agreement which sets forth the
agreement of the parties hereto in this regard; and,
WHEREAS, the City and AJH are authorized to enter into this Lease Agreement for the
purposes set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants, agreements,
representations and warranties herein contained, the parties hereto agree as follows:
1. City Consent to Construct Additional Space in the Aspen Recreation Center.
The City hereby consents to the construction of the additional space within the Aspen
Recreation Center as identified in Exhibit A appended hereto; subject to the following
conditions:
a. AJH applies for and receives all govermnental land use and building
approvals, including, but not necessarily limited to, land use approvals from the
City of Aspen and a building permit from the City Building Department.
b. The City approves in writing the building plans submitted by AJH to the
City Building Department. This approval shall be separate and distinct from any
land use or building permit approvals that may be required by City ordinances.
The City shall have complete discretion in approving or rejecting any building
plans submitted by AJH to the City in compliance with this section of the Lease
Agreement.
c. Construction of the space identified in the approved building plans shall
commence within two years of the date of this Lease Agreement and shall be
completed no less than six months thereafter. In the event that the construction of
Lease Agreement
Aspen Junior Hockey and Skating Foundation, Inc.
Page 2
the space is not commenced or completed in time as set forth herein, this Lease
Agreement shall become null and void; and, any construction materials on the
premises shall thereafter become the property of the City to be disposed of in the
complete discretion of the City.
d. The AJH shall strictly adhere to a building plan to be prepared by the City
and delivered to AJH at the time of building permit approval that sets forth a
building plan that attempts to minimize disruptions to the operation of the Lewis
Ice Arena and the Aspen Recreation Center.
e. All construction activity shall be performed in a workmanlike manner, in
accordance with all applicable building and safety codes, and shall not weaken or
impair the structural strength or lessen the value of the Lewis Ice Arena or the
Aspen Recreation Center.
f. The AJH Office Space shall be designed and constructed so as to properly
integrate into the overall ARC security and fire alarm systems.
g. All phone systems, facsimile lines, and computer lines shall be properly
integrated into the ARC utility systems and shall be paid for entirely by AJH.
h. The AJH Office Space, including all permanent fixtures located within or
built-in the AJH Office Space, shall be owned by the City at all times.
i. Lessor shall not incur any expenses associated with the construction of the
Demised Premises. Lessee shall be responsible for all costs associated with the
construction of the Demised Premises, including any costs associated with any
changes required of the Lewis Ice Arena or ARC to accommodate the
construction of the Demised Premises (including the costs of any enlargements or
upgrades to the facilities' mechanical systems.)
2. Demise and Description. Subject to the City approvals referenced in Section 1,
above, The City hereby leases to AJH the space identified in Exhibit A, for the purpose
of conducting that lawful activity as hereinafter described and for no other purpose, that
certain real property (hereinafter "Demised Premises"), situated in the Aspen Recreation
Center owned and operated by the City of Aspen, County of Pitkin, State of Colorado,
and more particularly described in Exhibit A and made a part hereof.
3. Representation bv the Parties.
a. The Lessor hereby represents that the Aspen Recreation Center and the
Demised Premises are owned by Lessor in fee, subject only to restrictions
established by the general planning and zoning code of the City of Aspen,
Colorado, and any state of facts which an accurate surveyor physical
inspection would show. Lessee, by entering into this Lease Agreement,
agrees that Lessee is satisfied as to Lessor's title to the Demised Premises and
has found the same to be satisfactory.
Lease Agreement
Aspen Junior Hockey and Skating Foundation, Inc.
Page 3
b. Lessor hereby covenants, subject to the terms and conditions herein provided
that Lessee shall have use and occupancy of the Demised Premises during the
term of this Lease as identified below, for so long as Lessee performs all
covenants herein agreed to be performed by Lessee.
c. Lessee hereby represents that it is a not-for-profit organization incorporated
under the laws of the State of Colorado, that it is operated exclusively for
charitable purposes as those terms are defined by Article X, Section 5 of the
Colorado Constitution; and, that it has received tax exempt status from the
Internal Revenue Service pursuant to Section 501(c)(3) of the IRS Code.
4. Term. Subject to Lessee's satisfactory adherence to all of the terms and
conditions herein, the term of this Lease shall be for an initial period of ten (10) years.
Lessee shall have the option at the end of the initial term to renew for an additional Lease
term of ten (10) years. Thereafter, Lessee shall have two (2) additional options to renew
for ten (10) additional years each. (The total term of this Lease shall not exceed forty
(40) years; an initial term of ten (10) years and three (3) optional renewal terms of ten
(10) years each.) The Lease terms described herein are subject to the Events of Default
provisions set forth herein. The renewal terms shall be renewed automatically unless
Lessee provides written notice, six (6) months prior to the end ofthe term, that it does not
intend to renew its option. At the conclusion of the forty-year term, Lessee shall have the
right to request that the Lessor negotiate in good faith an extension of the lease for an
additional period of time. Lessor hereby agrees to negotiate in good faith such an
extension.
5. Rent. common maintenance costs. and utilities
a. Lessee shall pay Lessor as rent for the Demised Premises an annual basic rent
of One Dollar ($1.00) to be paid on the anniversary date of the Lease for each
year of the Lease term.
b. Except as otherwise provided herein, the rent provided for in this Lease, shall
not include expenses or charges with respect to the Demised Premises,
including cleaning, maintenance, repairs, costs of construction and
replacement of buildings, insurance, utilities, taxes and assessments now or
hereafter imposed upon or related to the Demised Premises. Lessee shall bear
and pay for all such charges. Whenever a utility charge cannot be specifically
metered or cannot be billed directly to Lessee, such as electricity, Lessee shall
pay its proportional share of all such utilities based upon the pro-rated amount
of space of the Demised Premises versus the total space of the ARC or Lewis
Ice Arena covered by the particular utility bill. The parties hereto shall agree
upon all such calculated formulas prior to the receipt of each such utility bill.
c. AJH shall be responsible for any other maintenance or operational costs
associated with its activities and City shall have no responsibility of any kind
for any thereof.
Lease Agreement
Aspen Junior Hockey and Skating Foundation, Inc.
Page 4
6. Use of Demised Premises.
a. The Demised Premises shall be used by Lessee for the purpose of
establishing and thereafter maintaining a meeting place and office for the
AJH program. All other proposed uses of the Demised Premises by Lessee
not specifically set forth herein may only be permitted with the prior
written approval ofthe Recreation Director.
b. Lessee shall not use, or permit the Demised Premises, or any part thereof,
to be used, for any purpose or purposes other than the purpose for which
the Demised Premises are hereby leased; and no use shall be made or
permitted to be made of the Demised Premises, or acts done, which will
cause a cancellation of any insurance policy covering the Demised
Premises located on the premises, or any part thereof, nor shall Lessee
sell, or permit to be kept, used, or sold, in or about the Demised Premises,
any article which may be prohibited by the requirements, pertaining to the
Demised Premises, of any insurance organization or company, necessary
for the maintenance of insurance, as provided herein, covering any
building and appurtenances at any time located on the Demised Premises.
c. Lessee shall not sell, or permit to be kept, used, or sold, in or about the
Demised Premises, any illegal drugs, non-medicinal alcohol, or tobacco
products, except in accordance with a special event permit issued by the
City of Aspen pursuant to the Aspen Municipal Code.
d. Lessee agrees to comply with all present and future federal, state and
municipal laws, rules and regulations in its use and occupancy of the
Demised Premises.
e. Lessee shall not sell, convey, assign, transfer, sublease, pledge, surrender
or otherwise encumber or dispose of this Lease Agreement, the Demised
Premises, or any interest or estate created herein without the City express
written consent.
f. Lessee shall not commit, or suffer to be committed, any waste on the
Demised Premises, or any nuisance.
g. Lessee shall not erect, install, operate nor cause nor permit to be erected,
installed or operated in or upon the Demised Premises any temporary or
special event sign(s) or other advertising device that is not consistent with
the general rules applicable for the Lewis Ice Arena without having
obtained the written consent of the City Manager for the City. Such
consent mayor may not be given at the City Manager's sole discretion.
Lease Agreement
Aspen Junior Hockey and Skating Foundation, Inc,
Page 5
h. Lessee shall not introduce any concessionaire activities into the Demised
Premises that may compete with the existing concessionaire at the ARC
without the prior written approval of the Lessor.
7. Taxes. Other Govermnental Charges and Utilitv Charges.
a. The parties contemplate that the Demised Premises will be used strictly
for charitable purposes and, therefore, that the Demised Premises will be
exempt from all taxes presently assessed and levied with respect to real
property. In the event that the use, possession, construction or equipping
of the Demised Premises is found to be subject to taxation in any form, the
Lessee shall pay same as they respectively come due; provided that, with
respect to any govermnental charges that may lawfully be paid in
installments over a period of years, Lessee shall be obligated to pay only
such installments as have accrued during any individual term of the Lease.
b. Lessee may at its expense and in good faith contest any taxes,
assessments, and other charges and, in the event of any such contest, may
permit the taxes, assessments, or other charges so contested to remain
unpaid during the period of such contest and an appeal therefrom unless
the City shall notify the Lessee that, in the opinion of the City Attorney,
by nonpayment of any such items the title will be materially endangered or
the Demised Premises or any portion thereof will be subject to loss or
forfeiture, or the City will be subject to liability, in which event such
taxes, assessments, utility or other charges shall be paid forthwith;
provided, however, that such payment shall not constitute a waiver of the
right to continue to contest such taxes, assessments, utility or other
charges.
8. Alterations.
a. Lessee may at its own expense make reasonable and necessary alterations
or improvements to the Demised Premises. All alterations, additions and
improvements shall be performed in a workmanlike manner, in accordance
with all applicable building and safety codes, and shall not weaken or
impair the structural strength or lessen the value of the premises. Lessee
shall give Lessor written notice no less than thirty (30) days in advance of
the commencement of any construction, alteration, addition, improvement,
orrepair estimated to cost in excess of One Thousand Dollars ($1,000.00).
b. Lessee agrees that prior to any construction or installation of alterations,
additions or improvements, Lessee shall post in a conspicuous place
within the Demised Premises a notice of non-liability for mechanic's lien
as specified at Section 38-22-105, C.R.S. on behalf of the Lessor and shall
notify Lessor of such posting and the exact location of the same.
Perfection of a mechanic's lien against the Demised Premises as a result of
Lease Agreement
Aspen Junior Hockey and Skating Foundation, Inc.
Page 6
Lessee's acts or omissions may be treated by Lessor as a material breach
ofthis Lease.
9. Liens.
a. Lessee shall keep all of the Demised Premises and every part thereof and
all buildings and other improvements at any time located thereon free and
clear of any and all mechanics', materialmen's and other liens for or
arising out of or in connection with work or labor done, services
performed, or materials or appliances used or furnished for or in
connection with any operations of Lessee, any alteration, improvement, or
repair or addition which Lessee may make or permit or cause to be made,
or any work or construction, by, for, or permitted by Lessee on or about
the premises, or any obligations of any kind incurred by Lessee, and at all
times promptly and fully to pay and discharge any and all claims on which
any such lien mayor could be based, and to indemnify Lessor and all of
the premises and all buildings and improvements thereon against all such
liens and claims ofliens and suits or other proceedings pertaining thereto.
b. If Lessee desires to contest any such lien, it shall notify Lessor of its
intention to do so within ninety (90) days after the filing of such lien. In
such case, and provided that Lessee shall on demand protect Lessor by a
good and sufficient surety bond, or such other security that is deemed
adequate by the City, against any such lien and any cost, liability, or
damage arising out of such contest, Lessee shall not be in default
hereunder until thirty (30) days after the final determination of the validity
thereof, within which time Lessee shall satisfy and discharge such lien to
the extent held valid; but the satisfaction and discharge of any such lien
shall not, in any case, be delayed until execution is had on any judgment
rendered thereon, and such delay shall be a default of Lessee hereunder.
In the event of any such contest, Lessee shall protect and indemnify
Lessor against all loss, expense, and damage resulting there from.
10. Maintenance. Lessee shall, throughout the term of this Lease, at its own cost, and
without any expense to Lessor, keep and maintain the Demised Premises, including all
buildings and improvements of every kind which may be a part thereof, and all
appurtenances thereto, in good sanitary, and neat order, condition and repair. Lessor
shall not be obligated to make any repairs, replacements, or renewals of any kind, nature
or description whatsoever to the Demised Premises or improvements thereon.
11. Access to Premises. Upon at least twenty four (24) hours prior notice, except in
cases of emergency, Lessee shall permit Lessor or its agents and employees to enter the
Demised Premises at all reasonable hours to inspect the Demised Premises or make
repairs that Lessee may neglect or refuse to make in accordance with the provisions of
this Lease Agreement. Before entering the Demised Premises to make repairs, Lessor
shall give Lessee notice and a reasonable period of time to make necessary repairs.
Lease Agreement
Aspen Junior Hockey and Skating Foundation, Inc.
Page 7
12. Indemnification of Lessor. Lessor shall not be liable for any loss, injury, death, or
damage to persons or property which at any time may be suffered or sustained by Lessee
or by any person whosoever may at any time be using or occupying or visiting the
Demised Premises or be in, on, or about the same, whether such loss, injury, death, or
damage shall be caused by or in any way result from or arise out of any act, omission, or
negligence of Lessee or of any occupant, visitor, or user of any portion of the Demised
Premises, or shall result from or be caused by any other matter or thing whether of the
same kind as or of a different kind than the matters or thing above set forth, and Lessee
shall indemnify Lessor against all claims, liability, loss, or damage whatsoever on
account of any such loss, injury, death, or damage. Lessee hereby waives all claims
against Lessor for damages to the Demised Premises and improvements that are now or
hereafter placed or built on the Demised Premises and to the property of Lessee in, on, or
about the Demised Premises, and for injuries to persons or property in or about the
Demised Premises, from any cause arising at any time. The last two preceding sentences
shall not apply to loss, injury, death, or damage arising by reason of the negligence or
misconduct of Lessor, its agents, or employees, subject to those terms, conditions and
limitations as contained in the Colorado Innnunity Act, Section 24-10-101, et seq.
13. Provisions Regarding Insurance.
a. At its own expense Lessee shall carry and maintain casualty and property
damage insurance sufficient to protect the full replacement value of the
Demised Premises; and
b. At its own expense Lessee shall carry and maintain comprehensive general
public liability insurance against all direct or contingent loss or liability
for property damage, personal injury or death occasioned by reasons of the
operation, control or construction upon the Demised Premises, of not less
than those specified by Section 24-10-114, C.R.S., as may be amended
from time to time, naming the City as additional or co-insureds. Lessee
shall maintain said coverage in full force and effect during the term of this
Lease.
c. Lessee shall furnish the Lessor with a copy of all required insurance
policies or certificates evidencing such required coverage. All insurance
policies maintained pursuant to this Lease Agreement shall contain the
following endorsement:
d. It is hereby understood and agreed that this insurance policy may not be
canceled by the surety until thirty (30) days after receipt by the City of
Aspen, by registered mail, of a written notice of such intention to cancel or
not to renew.
e. In the event full insurance coverage required by this Lease is not
maintained as provided for herein, Lessor may, but shall be under no
obligation to, purchase the required policies of insurance and pay the
premiums necessary and provide for payment thereof and all amounts so
Lease Agreement
Aspen Junior Hockey and Skating Foundation, Inc.
Page 8
advanced therefore by Lessor, if any, shall be added to rent due from
Lessee.
14. Damage or Destruction. If prior to the termination of this Lease the Demised
Premises or any portion thereof are destroyed, in whole or in part, or are damaged by fire
or other casualty, the parties shall cause the Net Proceeds of any insurance claim to be
applied to the prompt repair, restoration, modification, replacement or improvement of
the Demised Premises. Any balance of the Net Proceeds remaining after such work has
been completed shall be paid to the Lessee. If Net Proceeds are insufficient to pay in full
the cost of any repair, restoration, modification or improvements, referred to hereinabove,
Lessee shall complete the work and pay any cost in excess of the amount of the Net
Proceeds, in which case Lessee shall not be entitled to any reimbursement therefore from
Lessor. Notwithstanding the foregoing, the parties may agree to other application of such
Net Proceeds.
15. Condemnation. If during the term of this Lease, or any renewal of it, the whole or
part of the Demised Premises or such portion as will make the Demised Premises
unusable for the purpose leased, or the leasehold interest, be condemned by public
authority, including the City, for public use, then the Lease term granted herein shall
cease as of the date of the vesting of title in the premises in such condemning authority,
or when possession is given to such authority, whichever event occurs first. Upon such
occurrence, Lessee shall not be entitled to any part of the condemnation proceeds, if any,
for the value of the unexpired term of this Lease or for any other estate or interest in the
Demised Premises, such amount belonging entirely to the Lessor.
16. Lessee's Option to Terminate. Lessee shall have the right, by written notice to the
Lessor given at least 90 days prior to its intention to do so, to terminate and surrender its
leasehold interests hereunder to Lessor, and on such effective date Lessee shall be
relieved from all further liability hereunder, subject to the Remedies On Default
provisions ofthis Lease which shall apply as if a Default had occurred.
17. Abandonment of Premises. Lessee shall not vacate or abandon the Demised
Premises at any time during the term hereof; if Lessee shall abandon or surrender the
Demised Premises, or be dispossessed by process of law, or otherwise, any personal
property belonging to Lessee and left on the Demised Premises shall be deemed to be
abandoned, at the option of Lessor, except such property as may be encumbered to
Lessor.
18. Events of Default Defined. The following shall be "Events of Default" under this
Lease and the terms "Event of Default" and "Default" shall mean, whenever they are
used in this Lease, anyone or more of the following events:
a. Failure by the Lessee to pay any rent or other payment required to be paid
herein at the time specified; or,
b. Failure to use the Demised Premises for a period of one-hundred-eighty
(180) consecutive days for the purpose or purposes set forth in the Use of
Lease Agreement
Aspen Junior Hockey and Skating Foundation, Inc.
Page 9
Demised Premises provisions of this Lease; provided, however, that time
spent for the purpose of maintenance, remodeling, or repairs to the
Demised Premises and/or for events beyond the control of the Lessee shall
not be counted; or,
c. Failure by AJH to observe and perform any covenant, condition or
agreement on its part to be observed or performed, unless the Lessor agree
in writing to an extension of time or waiver prior to its expiration; or,
d. Lessee's interest in this Lease or any part hereof is assigned or transferred
without the written consent of the Lessor, except as provided herein, either
voluntarily or by operation of law or otherwise; or,
e. A proceeding under the United States Bankruptcy Code or any federal or
state bankruptcy, insolvency, or similar law or any law providing for the
appointment of a receiver, liquidator, trustee or similar official for the
Lessee or of all or substantially all of its assets, is instituted without its
consent and is not permanently stayed or dismissed within sixty (60) days,
or if the Lessee offers to the Lessee's creditors to effect an extension of
time to pay the Lessee's debts or asks, seeks or prays for a reorganization
or to effect a plan of reorganization, or for readjustment of the Lessee's
debts, or if the Lessee shall make a general or any assignment for the
benefit of the Lessee's creditors; or,
f. Lessee abandons or vacates any part of the Demised Premises.
19. Remedies on Default. Whenever any Event of Default shall have happened and
be continuing the City shall have the right at its sole option and discretion, to notify
Lessee of the Event of Default and require Lessee to cure the Event of Default within a
reasonable period oftime or suffer termination of the Lease and the Remedies of Default
as provided herein. If Lessee fails to cure, or it is impossible to cure, the City may
declare the Lease terminated. Upon termination of this Lease, Lessee shall promptly pay
to Lessor all rent or other monies due it pursuant to the terms of this Lease.
21. No Remedv Exclusive. No remedy herein conferred upon or reserved to Lessor is
intended to be exclusive and every such remedy shall be cumulative and shall be in
addition to every other remedy given under this Lease or now or hereafter existing at law
or in equity. No delay or omission hereunder shall impair any such right or power or
shall be construed to be a waiver thereof, but any such right and power may be exercised
from time to time and as often as may be deemed expedient.
22. Non-Discrimination. The parties hereto agree to comply with all laws,
ordinances, rules and regulations that may pertain or apply to the Demised Premises and
its use. In performing under this Lease, Lessee shall not discriminate against any worker,
employee or job applicant, or any member of the public, because of race, color, creed,
religion, ancestry, national origin, sex, age, marital status, physical handicap, affectional
Lease Agreement
Aspen Junior Hockey and Skating Foundation, Inc.
Page 10
or sexual orientation, family responsibility or political affiliation, nor otherwise commit
an unfair employment practice.
23. Attornevs' Fees. If any action at law or in equity shall be brought to recover any
rent under this Lease, or for or on account of any breach of, or to enforce or interpret any
of the covenants, terms, or conditions of this Lease, or for the recovery of the possession
of the Demised Premises, the prevailing party shall be entitled to recover from the other
party as part of the prevailing party's costs reasonable attorneys' fee, the amount of
which shall be fixed by the court and shall be made a part of any judgment or decree
rendered.
24. Notices. All notices, certificates or other communications hereunder shall be
sufficiently given and shall be deemed given when delivered or mailed by registered
mail, postage prepaid, addressed as follows:
If to Aspen Junior Hockey:
Attn: President
PO Box 3390
Aspen, Colorado 81611
Attention: Executive Director
With a copy to:
Holland & Hart, LLP
600 East Main Street
Aspen, Colorado 81611
If to City:
City of Aspen, Colorado
130 South Galena Street
Aspen, Colorado 81611
Attention: City Manager
With a copy to:
City of Aspen, Colorado
130 S. Galena Street
Aspen, Colorado 81611
Attention: City Attorney
25. Binding Effect. This Lease shall inure to the benefit of and shall be binding upon
the Lessor and the Lessee and their respective successors and assigns.
26. Severability. In the event any provision of this Lease shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
Lease Agreement
Aspen Junior Hockey and Skating Foundation, Inc.
Page 11
27. Amendments. The terms of this Lease shall not be waived, altered, modified,
supplemented or amended in any manner whatsoever except by written instrument signed
by the City and the AJH.
28. Execution in Countemarts. This Lease shall be executed in three counterparts,
each of which shall constitute but one and the same instrument.
29. Applicable Law. This Lease shall be governed by and construed in accordance
with the laws of the State of Colorado.
30. Captions. The captions or headings in this Lease are for convenience of reference
only and in no way define, limit or describe the scope or intent of any provision or
sections of this Lease.
31. Waiver. The waiver by Lessor of, or failure of Lessor to take action with respect
to any breach of any term, covenant, or condition herein contained shall not be deemed to
be a waiver of such term, covenant, or condition, or subsequent breach of the same, or
any other term, covenant, or condition therein contained. The subsequent acceptance of
rent by Lessor or the acknowledgement by Lessor of Lessee's exercise of an option to
renew the term of the Lease as provided herein shall not be deemed to be a waiver of any
preceding breach by Lessee of any term, covenant, or condition of this Lease, regardless
of Lessor's knowledge of such preceding breach.
32. Entire Agreement. This Lease constitutes the entire agreement between the City
and the AJH. No waiver, consent, modification or change of terms of this Lease shall
bind either party unless in writing signed by both parties, and then such waiver, consent,
modification or change shall be effective only in the specific instance and for the specific
purpose given. There are no understandings, agreements, representations or warranties,
express or implied, not specified herein regarding this Lease or the Demised Premises
leased hereunder.
33. Further Assurances. The parties agree to execute and deliver such additional
documents and agreements as necessary to carry out the intent of this Lease.
33. No Third Party Beneficiaries. This Lease is not intended to create any right in or
for the public, or any member of the public, including any subcontractor, supplier or any
other third party, or to authorize anyone not a party to this Lease to maintain a suit to
enforce or take advantage of its terms. The duties, obligations and responsibilities of the
parties to this Lease with respect to third parties shall remain as imposed by law.
IN WITNESS WHEREOF, the City has executed this Lease in its name with its seal
hereunder affixed and attested by its duly authorized officers, and Aspen Junior Hockey has
caused this Lease Agreement to be executed in its name and attested by its duly authorized
officer. All of the above occurred as of the date first written above.
CITY OF ASPEN, COLORADO
Lease Agreement
Aspen Junior Hockey and Skating Foundation, Inc.
Page 12
ATTEST:
Kathryn S. Koch, City Clerk
WITNESS:
By:
By:
Title:
Helen Kalin Klanderud, Mayor
ASPEN JUNIOR HOC
SKATING FO AT
Lease Agreement
Aspen Junior Hockey and Skating Foundation, Inc.
Page 12
ArrEST:
/i;F*~
Kathryn s. K, City Clerk
WITNESS:
By:
By:
Title:
ASPEN JUNIOR H
SKATING FO A
Lease Agreement
Aspen Junior Hockey and Skating Foundation, Inc.
Page 13
EXHIBIT LIST TO LEASE AGREEMENT
Exhibit A -
Description of space to be constructed and leased - The Demised Premises
JPw- saved: 9/21/2005-4991-G:~ohn\word\agr\arc-Junior Hockey Lease-7-13-05.doc
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AI Bey
410 N. Mill B-1
Phone 970.92
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All designs, ide
indicated by th
are the proper
and shall nelth,
be used by anI
whatsoever wi'
dimensions sh(
dimensions ant
Any dimension
to the attentic
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5/21/1
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~PEGTATOR
SEATING
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RAWN BY:
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