HomeMy WebLinkAboutresolution.council.170-17 - RESOLUTION # 170
(Series of 2017)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
- COLORADO, APPROVING A LEASE AGREEMENT BETWEEN THE CITY
OF ASPEN AND ASPEN TREE FOR ITS FARM PARK EDUCATION AND
_. PERMACULTURE FACILITY 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 Lease
Agreement between the City of Aspen and Aspen TREE, for its Farm Park
education and permaculture facility, 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 Lease
Agreement between the City of Aspen and Aspen TREE, 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 by the City Council,of the City of
Aspen on the 11`" day of December 2017.
Steven Ska ron, Mayor
1, Linda Manning, duly appointed and acting City lerk 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 Cl k
................ ... .. .
LEASE AGREEMENT EXTENSION
BETWEEN ASPEN T.R.E.E. AND THE CITY OF ASPEN
THIS LEASE AGREEMENT entered into at Aspen, Colorado, this 4j__day of !beSpA4Qr'� , 2017, by
and between the CITY OF ASPEN, COLORADO, a municipal corporation and home-rule city ("City"), and
ASPEN T.R.E.E., a Colorado Non Profit corporation, concerns and specifies the following:
WITNESSETH:
WHEREAS, the City is the owner of the Cozy 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 93.5 acres; and,
WHEREAS, ASPEN T.R.E.E., also doing business as Earth Keepers, is) a 501 (c)((3) nonprofit
(hereafter referred to as "Aspen T.R.E.E. "), whose mission on site is to engage the greater community about
environmentalism and sustainable land stewardship and agriculture, empower youth to be stewards of their
community and nature while providing an affordable child care program, grow produce, eggs, and vegetables
for the community, bring young farmers together to share best practices and provide operational support, and
demonstrate high altitude sustainable farming strategies that are financially sustainable, productive, and
replicable; and,
WHEREAS, the City and Aspen T.R.E.E. are desirous of leasing a portion of the Cozy Point Ranch on
the terms and conditions set forth herein; and
WHEREAS, the City and Aspen T.R.E.E. entered into a lease agreement on January 1, 2017
(hereinafter the "Lease").
NOW, THEREFORE, in consideration of the mutual terms,,covenants and conditions contained herein,
the parties agree as follows:
DESCRIPTION OF PREMISES.
The City hereby leases to Aspen T.R.E.E. that portion of the Cozy Point Ranch and Equestrian Center set
forth in Exhibit A, attached hereto. The City shall provide access to the premises as designated on Exhibit A,
including, use of the "Farm Park" plot (area delineated on attached map), its buildings, fencing, infrastructure
and gardens within the existing area currently utilized by Aspen T.R.E.E. .
TERM
The term of this lease extension shall be for a period of two (2) months commencing on January 1, 2018
and ending on February 28, 2018. The parties may extend the Lease for such time and on such terms as the
parties may agree at any time prior to the end of the Lease.
RENT
Rent for the"Farm Park" for the Leased period will be $1.00. Use of the bathroom facilities operated by
Cozy Point Ranch, LLC for the lease period shall be an additional $150.00 per month which shall be paid to
Cozy Point, LLC by the City of Aspen.
CONDITIONS
The conditions for both parties regarding the use of the property are hereby defined and agreed to as follows.
The City will provide the following
1. Use of the "Farm Park"plot (area delineated on attached map), its buildings, fencing, infrastructure, gardens
and within the existing area currently utilized by Aspen T.R.E.E.
2. Utilities necessary to operate the "sustainable farmyard" including electricity and water.
3. Aspen T.R.E.E. shall be allowed to park vehicles on the site that are necessary for Aspen T.R.E.E. 's
regular farm and program operations as agreed upon between Aspen T.R.E.E. and the City's site manager.
Aspen T.R.E.E. will provide the following
1. A supervisor whose on-site responsibilities are: daily supervision of the children entrusted to their care
during the yearly agreed to times allotted including sign-in and registration with parents; scheduling daily
activities; developing the daily learning plan; dispensing and enforcing the "sustainable farmyard rules';
supervising additional staff or volunteer help; and communicating and cooperating with ranch management
about issues germane to a safe, successful, educational and enjoyable camper experience.
2. On and off-site management of the Aspen T.R.E.E. Programs includes monthly bookkeeping and yearly
accounting records, donor/client billing and collections, advertising and marketing, accounts payable and
good credit relations, payroll expenses and taxes, employee records and benefits, Tax return preparation,
insurance for general liability and workman's compensation
3. Aspen T.R.E.E. will provide its own tools and equipment necessary to maintain and operate the gardens,
and the poultry house. If extra tools or labor is required, it will be charged by Cozy Point Ranch at the
attached rates (see attachment).
4. Aspen T.R.E.E. will provide daily cleaning and maintenance of all mutually agreed upon areas under its
responsibility including trash collection and disposal, manure collection and composting, tool storage and
tidying up of all areas of the "sustainable farmyard".
ADDITIONAL STIPULATIONS
1. Aspen T.R.E.E. will identify the City of Aspen as additionally named insured on its general liability and
workman's compensation policies and will furnish copies of the policies or riders to the City.
2. Rules of the "Farm Park" will be conspicuously posted by Aspen T.R.E.E. so that all parents and children
will be aware of and will abide by them.
3. Aspen T.R.E.E. will notify The City of any events 30 days in advance or volunteer or community service
work days at least 7 days in advance in writing (robert.covington@cityofaspen.com).
4. Any and all new improvements, fencing, or changes to existing infrastructure (with the exception of
gardens) must be reviewed and approved in advance in writing by the City of Aspen.
5. City reserves the right to undertake any mutually agreed upon changes or improvements within the
sustainable farmyard area with its own personnel, equipment and supplies and be reimbursed for same in a
timely manner. Any requests for Cozy Point, LLC equipment, supplies, tractor time, and labor will be
handled separately by agreement between Cozy Point, LLC and Aspen T.R.E.E.
6. Any improvements made by Aspen T.R.E.E. may be removed at Aspen T.R.E.E's expense as long as it is
done in a timely manner if the lease is terminated at any time.
7. Aspen T.R.E.E. shall not be obligated to board animals with Cozy Point Ranch, LLC or its successor, but
may do so if arrangements satisfactory to Aspen T.R.E.E. are agreed upon with Cozy Point Ranch, LLC.
8. Proper animal husbandry practices are required for all livestock and poultry and proof of current
vaccinations for goats and alpacas. Premises and livestock to be examined three times a year or as needed if
deemed so by the City by a certified veterinarian approved by the City. If conditions are not met, all
livestock shall be removed upon request by the City of Aspen.
9. City shall be entitled to enter upon the Premises at all reasonable hours for the purpose of inspecting the
same, preventing waste or loss, or enforcing any of City's rights hereunder. Aspen T.R.E.E. shall insure that
the facilities and the property covered under this lease agreement are open and safe for the enjoyment of the
public. Employees, volunteers and visitors to Aspen T.R.E.E. shall be allowed access at all hours to the
farmyard facility, including reasonable access with motor vehicles (except as expressed in section 11 of
extra stipulations. In addition, Aspen T.R.E.E. employees, approved volunteers, and visitors shall be
allowed access to the public restroom facilities at Cozy Point Ranch (building A on map) during summer
camps when the building is open for public use (8:00am to 5:00 pm June, July and August). Use of the Cozy
Point Ranch, LLC operated restroom facilities by Aspen T.R.E.E. programs shall cost Aspen T.R.E.E. an
additional $150.00 per month as previously outlined in the Rent portion of this agreement. The City may
also elect to provide use of a temporary porta potty on the Aspen T.R.E.E. leased space for all other times.
10. Aspen T.R.E.E. will respect the behavior of horses as unpredictable by containing the animals of the
farmyard to the farmyard with the exception of walking the alpacas to the river or alpaca trailer, but never
near the horses mounted or un-mounted, or the arenas when in use by horses. Horses will spook at the
alpacas and other animals and could cause serious injury to themselves or the people around them.
11. For the safety of the horses and boarders, Aspen T.R.E.E. will be escorted through the mare pasture (at no
extra charge) with a minimum of one-hour notice as needed for truck access by staff of the Ranch. Ranch
staff is on site 24 hours a day and arrangements can be made by calling Patti's cell phone.
12. Aspen T.R.E.E. shall have the right to purchase hay for its animals from Cozy Point Ranch, LLC on terms
mutually agreeable to the parties. Alternatively, Aspen T.R.E.E. shall also have the right to purchase hay
from third parties, should Aspen T.R.E.E. deem that such other hay providers would be in the best interests
of Aspen T.R.E.E. 's animals. All hay, feed and bedding products to be stored on Aspen T.R.E.E. 's leased
area unless other arrangements are made.
13. Aspen T.R.E.E. is encouraged to plan and provide for community events that attract a wide demographic to
Cozy Point Ranch.
14. The City of Aspen and Aspen T.R.E.E. shall work together as part of the planning process to design a
specific signage plan that clearly and specifically identifies that the leased property is owned by the City of
Aspen and that the members of the community are welcome to observe Aspen T.R.E.E. 's operations and
participate in Aspen T.R.E.E. 's programs. The signage plan shall be designed to provide information to the
public about general directions, hours of operations, emergency contact information, recreational
opportunities, and other specific information about Aspen T.R.E.E. and its operations and programs as
appropriate.
15. Aspen T.R.E.E. will insure that its Board of Directors, employees, volunteers and donors are fully apprised
of its relationship with the City and the terms and intent of this agreement.
16. Aspen T.R.E.E. agrees to indemnify and hold the City of Aspen harmless from liability for claims for damages
arising directly or indirectly out of, or in connection with,any of its programs or activities, and from liability
from injuries suffered by any employee or other person in connection therewith. This indemnification and
hold harmless provision shall extend to and include all attorney's fees and costs incurred by the ranch or the
City of Aspen in connection with such actions or claims. Aspen T.R.E.E. agrees to defend any suits that arc
brought against the Ranch or the City of Aspen in connection with the "sustainable farmyard"or this
agreement.
WHEREFORE, the parties, through their duly authorized representatives, have executed this Agreement upon
the dates as set forth herein.
LESSOR:
THE CIT C RADO
By:
Name: Stephen Barwick
Title: City Manager
AT:
0,441y,
Linda Manning, City CI rk
LESSEE (Tenant):
ASPEN T.R.E.E. c /
by:
Eden Vardy