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HomeMy WebLinkAboutresolution.council.169-17 RESOLUTION # 169 (Series of 2017) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO THE LONG-TERM STEWARDSHIP LEASE AGREEMENT FOR THE COZY POINT RANCH AND EQUESTRIAN CENTER BETWEEN THE CITY OF ASPEN AND COZY POINT RANCH LLC AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT TO LEASE ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a proposed Amendment to the Long-Term Stewardship Lease Agreement for the Cozy Point Ranch and Equestrian Center between the City of Aspen and Cozy Point Ranch LLC, 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 the Amendment to the Long-Tenn Stewardship Lease Agreement for the Cozy Point Ranch and Equestrian Center between the City of Aspen and Cozy Point Ranch LLC, a copy of which is annexed 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 >}y the City Council of the City of Aspen on the 11`h day of December 2017. <V Stev Skadr n, Nfayor I, Linda Manning, duly appointed and acting City Cl rk 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, December 11, 2017. Linda Manning, City C erk AMENDMENT AND EXTENSION TO LONG-TERM STEWARDSHIP LEASE AGREEMENT FOR THE COZY POINT RANCH EQUESTRIAN CENTER THIS AMENDMENT AND EXTENSION TO LONG TERM STEWARDSHIP AND LEASE AGREEMENT entered into at Aspen. Colorado, this j� day of�_r}yf ,Y'2017, by and between the CITY OF ASPEN, COLORADO, a municipal corporation and home- rule city ("City"), and COZY POINT RANCH, LLC, a Colorado limited liability company (`Tenant') amends and extends the amended Long-Tenn Stewardship Lease Agreement for the Cozy Point Ranch and Equestrian Center as follows: WITNESSETH: WHEREAS, the City is the owner of the Cory Point Ranch and Equestrian Center in Pitkin County, Colorado, which property is described on the map attached hereto as Exhibit A (the"Ranch"),consisting of approximately 32 acres,and WHEREAS, on or about April 15,2010, the City and Tenant entered into the Long-Term Stewardship Lease Agreement for the Cory Point Ranch Equestrian Center (hereinafter the "Lease"); and WHEREAS, at the time of the entry of the lease Tenant was a Colorado Limited Liability Company consisting of two members, Monroe Summers and Glenda Summers: and WHEREAS, following the unexpected and untimely death of Monroe Summers on April 26, 2104,Cozy Point Ranch, LLC was acquired in full by Patricia K. Watson, a former employee of the Tenant;and WHEREAS, Patti Watson has experience in equestrian center management and desires to continue the operation of that part of the prior tenancy and terminate and release the LLC from obligations to Citv for certain provisions of the previous Lona Tcrm Stewardship Lease Agreement for the Cozy Point Ranch Equestrian Center; and WHEREAS, on or about Decemher 12, 2016, the City and Tenant entered into an Amendment to the Long-Term Stewardship Lease Agreement for the Cozy Point Ranch Equestrian Center, which amended and extended the agreement to September 30, 2017; and, WHEREAS, the City and Tenant are desirous of amending and extending the Amended Long-Term Stewardship Lease Agreement for the Cozy Point Ranch Equestrian Center on the terms and conditions set forth herein. NOW. THEREFORE, in consideration of the mutual terms, covenants and conditions contained'herein,the parties agree as follows: I. Term. The term of the Lease is hereby extended to February28, 2018. The parties may extend the term set forth herein for such time and on such terms as the parties may agree at any time prior to the end of the Lease. Except as amended herein,all terms and conditions of the Amended Long-Tetra Stewardship Lease Agreement for the Cozy Point Ranch Equestrian Center shall remain in full force and effect. 2. The premises to which this lease pertains are hereby amended to include that portion of the Ranch specifically described in Exhibit A. The remainder of the Ranch shall be managed or leased by the City. 1 Tenant shall provide and allow access to and parking for the parcel reserved by the City and depicted on Exhibit A for Aspen T.R.E.E., as has been traditionally provided. If the Tenant and City disagree as to the arca of access or parking, the City shall designate such area,at its sole discretion, on an amended Exhibit A. In addition,Tenant shall provide access to a bathroom facility designated by the City for use by Aspen T.R.E.E.and its guests during summer camps . when the building is open for public use(8:OOam to 51OOpm June, July and August). Aspen T.R.E.E. or the City shall pay Tenant$150 per month for the maintenance and upkeep of the bathroom facility related to Aspen T.R.F.E's use of the facility. 4. Paragraph 7. c., of the Amended Long-Term Stewardship Lease Agreement for the Cozy Point Ranch Equestrian Center is hereby deleted in its entirety. WHEREFORE, the parties,through their duly authorized representatives, have executed this Agreement upon the dates as set forth herein. LESSOR: THE CITYA SP C O O •1 By: Name: Stephen Barwick Title: City Manager ATTEST: Linda Manning,City Clerk LESSEE(Tenant): COZY PQIAI H, LLC Name: Pa 'cta K. Watson Title: Manager 2