HomeMy WebLinkAboutresolution.council.155-17 RESOLUTION # 155
(Series of 2017)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE AGREEMENT BETWEEN THE CITY OF
ASPEN AND RED BRICK CENTER FOR THE ARTS
WHEREAS, there has been submitted to the City Council an Amendment
to the Management Agreemembetween the City of Aspen and Red Brick Center
for the Arts regarding a temporary modification of terms, 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 that
Amendment to Management Agreement between the City of Aspen and Red
Brick Center for the Arts, a copy of which is attached 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 13th day of November 2017.
Steven Sk dron, Mayor
I, Linda Manning, 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 November 13, 2017.
Linda Manning, City lerk
AMENDMENT TO MANAGEMENT AGREEMENT
THIS AMENDMENT TO MANAGEMENT AGREEMENT, is made and entered into as of
this LZ day of November 2017, between City of Aspen (hereinafter referred to as "City"), and
the Red Brick Council for the Arts d/b/a Red Brick Center for the Arts (hereinafter referred
to as 'Red Brick Center").
WITNESSETH:
WHEREAS, the parties mutually agree that due to recent events, the Management Agreement
entered on or about November 9, 2015, will be reviewed and possibly modified in its entirety;
and,
WHEREAS, the parties also recognize that certain immediate changes need to take place as the
Management Agreement is reviewed; and,
WHEREAS, the parties agree that interim changes set forth herein are in the best interest of both
parties.
NOW, THERFORE, in consideration of the mutual covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby mutually
acknowledged, the parties agree as follows:
Section 1: Employees
The interim director Sarah Roy, hired by the Red Brick Center on or about September 1, 2017,
has resigned her position as an employee of the Red Brick Center and has been hired by the City
of Aspen to perform such duties as were previously required of her by the Red Brick Center and
as may be directed by the City from time to time. The compensation and terms of employment
for this individual while at the City shall be on such terms and conditions as are mutually agreed
by the employee and the City. The Red Brick Center will not hire any other employees pursuant
to Section VII of the Management Agreement without the consent of the City.
Section 2: Tenant Rent and Maintenance
All other provisions of the Management Agreement regarding the management of the property,
collection of rent from tenants and maintenance of the property set forth in Section I., and
payment of the management fee set forth in Section IV. C., are hereby suspended for a period of
ninety (90) days from the date of the execution of this Amendment. During such time the City
shall collect all rents and shall maintain the building as it deems appropriate.
Section 3: Other provisions
a) All other terns of the Management Agreement, not otherwise amended herein or
otherwise affected by the terms set forth above, shall remain in full force and effect.
b) The City Council has approved the terms of this Amendment and it shall be effective
immediately upon execution of the Amendment by the parties..
C) The signatory for the Red Brick Center below acknowledges that she has authority to
execute this agreement.
IN WITNESS WHEREOF, the City and Red Brick Center have executed this Amendment to
Management Agreement on the day and year first above written.
LANDLORD: City of Aspen' �J
Date 1/'! 7: /7
Sara G. Ott, Assistant City Manager
For Stephen H. Barwick, City Manager
TENANT: Red Brick Council for the Arts
d/b/a Red Brick Center for the Arts
Date �� '�• /
Ja kie Kasabach, President
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