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RESOLUTION NO. ~
Series of 2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A SECOND LEASE EXTENSION AGREEMENT FOR THE ASPEN
FIRE PROTECTION DISTRICT, BETWEEN THE CITY OF ASPEN AND THE
ASPEN FIRE PROTECTION DISTRICT AS LESSEE AND THE THRIFT SHOP INC
AS SUBLESSEE, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a second lease
extension agreement for the Aspen Fire Protection District as Lessee and the Thrift Shop,
Inc. as Sublessee, 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 extension
for the Aspen Fire Protection District and the Thrift Shop, Inc., between the City of
Aspen and the Aspen Fire Protection District as Lessee and The Thrift Shop, Inc., as
Sublessee, a copy of which is annexed hereto and incorporated herein, and does hereby
authorize the Mayor or City Manager to execute said lease agreement on behalf of the
City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the /3 day 0~06.
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 on the day her inabove stated.
TLO- saved: 2/22/2006-271-G:\tara\Resos\fire district lease extension.doc
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SECOND LEASE EXTENSION AGREEMENT
THIS SECOND LEASE EXTENSION AGREEMENT is made this _ day of
2005 by and among the CITY OF ASPEN, as Lessor (hereinafter "City"), a Colorado municipal
corporation, the ASPEN FIRE PROTECTION DISTRICT, a Colorado quasi-municipal
corporation, as Lessee (hereinafter "Fire District"), and THE THRIFT SHOP, INC., a Colorado
non-profit corporation, as Sublessee (hereinafter "Thrift Shop").
WITNESSETH:
WHEREAS, the Fire District and the Thrift Shop are currently leasing and subleasing
respectively Lots 0, P, Q and R, Block 87, City and Townsite of Aspen, Colorado pursuant to
that certain Agreement dated December 8, 1982 (the "Agreement") between the City, the Fire
District and the Thrift Shop;
WHEREAS, in connection with the Agreement, the City, the Fire District and the Thrift
Shop entered into that certain Lease Extension Agreement dated August 28, 2005 providing for
the extension of the Term of the Agreement to June 15,20201;
AND WHEREAS, recognizing the importance and benefits these organizations provide
to the citizens of Aspen and the surrounding community, the parties hereto desire to extend the
lease period, and make certain other modifications to the Agreement as set forth below.
NOW, THEREFORE, for a good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged and agreed, the parties agree as follows:
1. Extension of Lease Term. The term of the Agreement, as modified by the Lease
Extension Agreement dated August 28, 2005, is hereby further extended by an additional period
of time ending on June 15,2046.
2. No Exoress or Imolied Land Use Aoorovals. The City's execution and delivery of this
Second Lease Extension Agreement does not, ipso facto, constitute the City of Aspen's approval
of any modification or redevelopment of the Premises occurring after the date hereof.
3. Modification of Section 4.d of Lease. Section 4.d of the Agreement is hereby deleted
in its entirety, and is replaced with the following language:
"Prior to any construction of improvements on the Premises which would require the City
of Aspen Building Department's issuance of a building permit, the Fire District and Thrift
Shop shall first obtain written authorization from the City for the construction of such
improvements, provided that the City's written authorization shall not be unreasonably
withheld."
All other terms and conditions of the Agreement, as modified by the Lease Extension
Agreement dated August 28, 2005, shall remain in full force and effect. All capitalized terms as
used herein shall have the same meaning as set forth in the Lease, as modified by the Lease
Extension Agreement dated August 28, 2005.
IN WITNESS WHEREOF, the parties have executed this Second Lease Extension
Agreement the date day and year first written above.
ASP~FIRE.PR~T. ECTI~N DISTRICT 1 .
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By:
Attest\;~ /7 ( )1\0 \
Se6'retary
By:
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; , President