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Home My WebLink Aboutresolution.council.008-06 RESOLUTION NO. ~ Series of 2006 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF ASPEN, A THIRD AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF ASPEN AND THE ASPEN HISTORICAL SOCIETY FOR A PORTION OF WILLOUGHBY PARK FOR THE CONSTRCUTION OF A SKI MUSEUM BUILDING. WHEREAS, there has been submitted to the City Council a proposed Third Amendment to the Lease Agreement between the City of Aspen and the Aspen Historical Society for a portion of Willoughby Park for the construction of a Ski Museum Building and Ski Center; 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 and authorize the City Manager to execute same on behalf of the 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 the Third Amendment to the Lease Agreement between the City of Aspen and the Aspen Historical Society for a portion of Willoughby Park for the construction and operation of a Ski Museum Building and Ski Center a copy of which is appended hereto as Exhibit A. Dated: ~ If ,2006. I, Kathryn S. Koch, 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 ~ I -; ,2006. JPW- saved: 2/7/2006-279-G:\john\word\resos\ski museum amed to lease.doc ASPENHISTOHICALSOCIETY February 2, 2006 Mr. John Worcester City of Aspen Attorney 130 South Galena Aspen, CO 81611 Dear John: In The Aspen Historical Society carries a lease which allows the Society to construct a ski museum on the site of Willoughby Park, specific site and square footage to be determined and approved through due process. The original lease (for 75 years) included a requirement for construction to begin within five years. There have been two five year extensions granted, the second of which expired on December 2, 2005. It is no secret that the best laid plans for a museum were waylaid by other struggles that the Society has experienced. Now the Society has a solid future virtually guaranteed and we are in the middle of a strategic plan which will allow us to report back to you with plans for a presence on the Willoughby Park site. We anticipate partnering with the Parks Department and neighbors to come up with a terrific community space. Our strategic planning process is slated to be completed in six to nine months. We are working with the Executive Service Corps to produce a thoughtful community focused plan. I respectfully request that the City grant another 5 year extension to the Aspen Historical Society in order to allow us to complete our plan and proceed to develop a master plan for the site with Parks and HPC and Community Development. 620 West Bleeker Street Aspen, Colorado 81611 970.925.3721 970.925.5347 fax WI!MI.aspenhistory.org A 501(Cj{3) CHARITABLE ORGANIZATION TAX ID 84-6037756 THIRD AMENDMENT TO LEASE ASPEN mSTORICAL SOCIETY SKI MUSEUM BUILDING AND SKI CENTER Tms THIRD AMENDMENT TO LEASE AGREEMENT, is made and entered into this day of ,2006 between the Aspen Historical Society, as Lessee and the City of Aspen as Lessor. WHEREAS the parties hereto entered into that certain Lease Agreement dated December 1, 1995, whereby the Lessor did lease to the Lessees certain demised premises as described therein for the construction of a museum building and ski center; and WHEREAS, a certain First Amendment to the Lease Agreement was executed by the Lessor and the Aspen Historical Society dated November, 1999, whereby the Lease Agreement was amended to allow Lessee an additional 60 months to obtain a building permit for the construction of the museum building and ski center; and WHEREAS, a certain Second Amendment to the Lease Agreement was executed by the Lessor and the Aspen Historical Society dated May, 2000, whereby the Lease Agreement was amended to remove the Aspen Valley Ski/Snowboard Club as a party to the Lease Agreement and making the Aspen Historical Society the sole Lessee under said Lease Agreement; and WHEREAS, the parties hereto desire to amend the Lease Agreement to allow Lessee an additional 60 months to obtain a building permit for the construction of the museum building and ski center. NOW THEREFORE, the parties hereto hereby agree to Amend the Lease Agreement as follows: 1. Section 18(b) of the Lease Agreement is hereby amended to grant Lessee an additional 60 months to obtain a building permit, up to and including December 1, 2010, (retaining the right to petition Lessor for an additional extension of this time upon a showing of due diligence in obtaining a building permit.) 2. All other terms, provisions and conditions in the Lease, as amended by the First and Second Amendments, shall remain in full force and effect. JPW- saved: 2/112006-332-G:\john\word\agr\hist-soc-ski-museum amedn l.doe CITY OF {J# COLORADO. By: .~ ((~ Title: C:-:i., 11 ~k4- f 1 TmRD AMENDMENT TO LEASE ASPEN mSTORICAL SOCIETY SKI MUSEUM BUILDING AND SKI CENTER Tms THIRD AMENDMENT day of City of Aspen as Lessor. TO LEASE AGREEMENT, is made and entered into this , 2006 between the Aspen Historical Society, as Lessee and the WHEREAS the parties hereto entered into that certain Lease Agreement dated December 1, 1995, whereby the Lessor did lease to the Lessees certain demised premises as described therein for the construction of a museum building and ski center; and WHEREAS, a certain First Amendment to the Lease Agreement was executed by the Lessor and the Aspen Historical Society dated November, 1999, whereby the Lease Agreement was amended to allow Lessee an additional 60 months to obtain a building permit for the construction of the museum building and ski center; and WHEREAS, a certain Second Amendment to the Lease Agreement was executed by the Lessor and the Aspen Historical Society dated May, 2000, whereby the Lease Agreement was amended to remove the Aspen Valley Ski/Snowboard Club as a party to the Lease Agreement and making the Aspen Historical Society the sole Lessee under said Lease Agreement; and WHEREAS, the parties hereto desire to amend the Lease Agreement to allow Lessee an additional 60 months to obtain a building permit for the construction of the museum building and ski center. NOW THEREFORE, the parties hereto hereby agree to Amend the Lease Agreement as follows: 1. Section 18(b) of the Lease Agreement is hereby amended to grant Lessee an additional 60 months to obtain a building permit, up to and including December 1, 2010, (retaining the right to petition Lessor for an additional extension of this time upon a showing of due diligence in obtaining a building permit.) 2. All other terms, provisions and conditions in the Lease, as amended by the First and Second Amendments, shall remain in full force and effect. CITY OF ASPEN, COLORADO By: ~ !l4J Title: C/7). h ~~ By: Title: ~ek JPW- saved: 21112006.332.0:\jotm\word\agr\hist-soc-ski-museum amedn 2.doc 1 TmRD AMENDMENT TO LEASE ASPEN mSTORICAL SOCIETY SKI MUSEUM BUILDING AND SKI CENTER THIS THIRD AMENDMENT day of City of Aspen as Lessor. TO LEASE AGREEMENT, is made and entered into this , 2006 between the Aspen Historical Society, as Lessee and the WHEREAS the parties hereto entered into that certain Lease Agreement dated December 1, 1995, whereby the Lessor did lease to the Lessees certain demised premises as described therein for the construction of a museum building and ski center; and WHEREAS, a certain First Amendment to the Lease Agreement was executed by the Lessor and the Aspen Historical Society dated November, 1999, whereby the Lease Agreement was amended to allow Lessee an additional 60 months to obtain a building permit for the construction of the museum building and ski center; and WHEREAS, a certain Second Amendment to the Lease Agreement was executed by the Lessor and the Aspen Historical Society dated May, 2000, whereby the Lease Agreement was amended to remove the Aspen Valley Ski/Snowboard Club as a party to the Lease Agreement and making the Aspen Historical Society the sole Lessee under said Lease Agreement; and WHEREAS, the parties hereto desire to amend the Lease Agreement to allow Lessee an additional 60 months to obtain a building permit for the construction of the museum building and ski center. NOW THEREFORE, the parties hereto hereby agree to Amend the Lease Agreement as follows: 1. Section 18(b) of the Lease Agreement is hereby amended to grant Lessee an additional 60 months to obtain a building permit, up to and including December 1, 2010, (retaining the right to petition Lessor for an additional extension of this time upon a showing of due diligence in obtaining a building permit.) 2. All other terms, provisions and conditions in the Lease, as amended by the First and Second Amendments, shall remain in full force and effect. CITY OF ASPEN, COLORADO By: # fI ~~';/ Title: L o'r..".. h "';ty- / JPW- saved; 2/1/2006-332-G:\john\word\agr\hisHoc-ski.museum amedn 2.doc 1