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HomeMy WebLinkAboutresolution.council.115-00 RI~SOLUTION NO.I' I ~ Series of 2000 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A LEASE EXTENSION FOR THE THRIFT SHOP BUILDING BETWEEN THE CITY OF ASPEN AND THE ASPEN FIRE PROTECTION DISTRICT AND THE THRIFT SHOP, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Lease Extension Agreement betWeen the City of Aspen as Lessor, the Aspen Fire Protection District as Lessee, and the Thrift Shop as Sublessee, a copy of which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, 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 Lease Extension Agreement, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said agreement on behalf of the City of Aspen. Dated: ~~,.~ e~t-~ ,2000.¢ 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, Colo. rado, .ata meeting held ~,~.~' ~.~, 2000. 'Kathryn S. K~h, City Clerk JPW-OS/1f/2OOO-G:\john\worfl\resos\thriftshop.floc LEASE EXTENSION AGREEMENT This Lease Extension Agreement made this day of July, 2000 by and among the CITY OF ASPEN, as Lessor (hereinafter "CitY"), a Colorado Municipal Corporation, the ASPEN FIRE PROTECTION DISTRICT, a quasi,municipal corporation, as Lessee (hereinafter "Fire District"), and THE THRIFT SHOP, 1NC. a Colorado Non-Profit Corporation, Sublessee (hereinafter "Thrif~ Shop').'' WITNESSETH: WHEREAS, the Fire District and the Thrift Shop are currently leasing and subleasing Lots O, P, Q and R, Block 87, Aspen, Colorado under Agreement, dated December 8, 1983, from the City, (a copy of which is attached hereto). AND WHEREAS, recognizing the importance and benefits these organizations provide the citiZens of Aspen and surrounding community, the parties hereto desire to extend the lease period. NOW, THEREFORE, the term of that certain lease, dated December 8, 1983, is hereby extended for a period of tWenty (20) years terminating on June 15, 2021. All other terms and conditions of said lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Lease Extension Agreement the day and year first above written. CITY BY ~~~l~SMayor Attest: /~L~Td ) )~,,~/ Kath~yn S. Ko~, i2~y ~ier!~ - ~ ASPEN FIRE PROTECTION DISTRICT By Sam Sta~ -'Charles Torinus, Secretary THE THRIFT SHOP, INC. By ~U~; ~ Christie Kienast, President Attest: ~/~F]~//~ ?~ 'I~afg~P~//~Si g~cre, l~ry AGREEMENT THIS 'AGREEMENT made this ~ ~ day of D~--~_~ ~--~- , 1983, by and between CITY OF ASPEN, a Colorado Municipal Corpora- tion, as Lessor (hereinafter "City"), the ASPEN FIRE PROTECTION DISTRICT, a quasi-municipal corporation, as Lessee (hereinafter "Fire District~'), and THE THRIFT SHOP, INC., a Colorado Non-Profit Corporationr Sublessee (hereinafter "Thrift Shop", WI TN E S S E T H: WHEREAS, the City is the owner of the land described as Lots O, P, Q and R, Block 87, in and to the City and Townsite of Aspen, upon which are located buildings known as the Fire Station and a Fire Station Annex (also known as the Thrift Shop) and has deemed it to be in the best interest of the City and its residents to lease said property and buildings (collectively referred to here- inafter as the "Premises") to the Fire District on the terms and conditions set forth in this Agreement. WHEREAS, the Fire District is a Special Improvement District organized under the laws of the State of Colorado; and WHEREAS, the Fire District desires to lease the aforesaid Premises from the City with the consent of the City to allow the Thrift Shop to occupy the Fire Station Annex, on the terms and conditions set forth herein. WHEREAS, it is the intention of the parties that ~his agree- ment shall supercede all prior agreements between them with respect to the aforesaid Premises. NOW, THEREFORE, it is hereby mutually agreed as follows: 1. In consideration of the payment of the rent and the keeping and performance of the covenants and agreements by the Fire District hereinafter set forth, the City hereby lets, demises and leases unto the Fire District the following described premies, and the buildings located thereon situate in the County of Pitkin, State of Colorado, to-wit: Lots o, P, Q and R, Block 87, in and to the City and T0wnsite of Aspen, for a term of twenty (20) years, commencing as of the 15th day of June, 1981, and ending on the 15th day of June, 2001. 2. The Fire District hereby subleases in consideration of One Dollar ($1.00) and other valuable consideration the Fire Sta- tion Annex Building located on Lot R to the Thrift Shop during the term of this Agreement, on the terms and conditions as set forth herein. In subleasing the Fire Station Annex Building on Lot R to the Thrift Shop, the Fire District reserves the right to construct such offices and apartments for Fire District purposes only on Lot R, provided such'offices and apartments do not unreasonably inter- fere with the Thrift Shop,s use of said Fire Station Annex and that the City expressly consents to such construction by the Fire District which consent shall not be unreasonably withheld. The City hereby consents to the sublease so long as the Fire Station Annex is used only as a thrift shop (i.e. the sale of merchandise to raise money for distribution to local needy organizations such as Hospital, Deaf Camp, Boy Scouts, Girl Scouts, Scholarships, etc.). 3. The Fire District shall pay to the City the sum of Ten Dollars ($10.00) per year on or.before June 15 of any year, as an annual rental during the term of this lease. 4. The Thrift Shop (with respect to its sublease of the Fire Station Annex on Lot R) and the Fire District agree between themselves and with the City: a. To furnish and pay for all utilities used in con- nection with the Premises without cost or expense to City. As between Thrift'Shop and Fire District, Thrift Shop shall be responsible for any pay all utilities and charges used in connection with the Thrift Shop. b. To make any and all improvements, repairs and alterations desired by them at their own expense, and repair all glass which may be broken on the Premises from any cause whatsoever with other of 2 the same quality and size, at their own cost and expense, and pay all repair bills promptly. c. All improvements, betterments and changes or alter- ations shall, at the expiration of this lease be and remain in the Premises and belong to the City as a further consideration of this lease. d. Prior to any construction of improvements, the Fire District and Thrift Shop shall first obtain authorization from the City. e. The Fire District and Thrift Shop shall not use or permit the use of the Premises for any purpose pro- hibited by the laws of the United States of Amer- ica, or the State of Colorado, or the ordinances of the City of Aspen, or for any improper or question- .able purpose whatsoever. f. The Fire District and Thrift Shop shall keep the sidewalks in front of and around the Premises free from ice and snow, and the sidewalks and Premises shall be kept free from all litter, dirt, debris and obstruction and the Premises shall be kept in a clean and sanitary condition as required by the ordinances and the Health and Police requirements of the City of Aspen. g. Neither the Fire District nor Thrift Shop shall suffer disorderly conduct, noise or nuisance what- ever a.bout the Premises having a tendency to annoy or disturb any persons occupying adjacent premises. h. Neither the Fire District nor Thrift Shop shall hold or attempt to hold the City liable for any injury or damage proximate or remote, occurring through or caused by any repairs, alterations, injury or accident of the adjacent premises, or by reason of the negligence or default of the owners or occupants thereof or any other person, nor lia- 3 ble for any injury or damage occasioned by defec- tive electric wiring, or the breaking or stoppage of plumbing or sewerage upon said Premises or upon adjacent premises, whether said breaking or stop- page results from freezing or otherwise. i. The Fire District and Thrift Shop shall not permit or suffer said premises, or the walls or floors thereof, to be endangered by overloading, nor per- mit said Premises to be used for any purpose which wou'ld render the insurance thereon void or the insurance risk more hazardous. j. All assessments for utilities shall be paid promptly as the same shall become due and payable. 5. If the Fire Station, Fire Station Annex, or such other improvements constructed on the Premises with the consent of the City, are damaged or destroyed by fire, flood, tornado, or by elements, Or through any casualty, or otherwise, and the cost of repair or restoration does not equal or exceed seventy-five per- cent (75%) of the full replacement construction costs, this agree- ment shall continue in full force and effect and the Fire Dis- ·trict, at its expense (or as between Fire District and Thrift Shop, the Thrift Shop at its expense), shall promptly repair, restore or rebuild the same to the same condition as existed i~mmediately prior to such damage or destruction. All proceeds of insurance pertaining to the aforesaid buildings or improvements collected upon any loss shall be used solely for paying the costs of such rebuilding or repairs. To the ext~nt that the aforesaid buildings or improvements, in the reasonable opinion of the Fire District (or as between Fire District and Thrift Shop, in the rea- sonable opinion of Thrift Shop) are rendered untenantable or incapable of use for the normal conduct of Fire District's opera- tion (or as between the Fire District and the Thrift Shop, the Thrift Shop's operation) and the cost of repair or restoration equals or exceeds seventy-five percent (75%) of the full replace- ment construction cost, the Fire District (or as between Fire Dis- ~rict and Thrift Shop, the Thrift Shop) shall have the option, exercisable within thirty (30) days following such damage or destruction, of terminating this agreement or sublease contained herein upon giving written notice to City (or in the case 'of the Thrift Shop to the Fire DiStrict), in which event the Fire Dis- trict (or as between Fire District and Thrift Shop, the Thrift Shop) shall, at its own cost and expense, remove all debris and return the property to a safe and natural state in accordance with a landscaping plan approved by the City, which approval shall not be unreasonably withheld~ 6. No assent, expressed or implied, to any breach of any one or more of the covenants or agreements herein contained shall be deemed or taken to be a waiver of any succeeding or other breach. 7. Except as consented to herein, neither the Fire District or the Thrift Shop shall sublet or assign the premises or any part thereof without the prior written consent of the City Council for the City of Aspen. 8. The Fire District shall be responsible for the organiza- tion and maintenance of the fire department of the City of Aspen and the Fire Protection District, and the Volunteer Fire Depart- me~t in the performance of its responsibility to the inhabitants of the area served by said fire department shall utilize the Fire Station building for meetings, training, the storage of equipment and such other purposes incidental and necessary for the operation of Fire Department. Further, the City and the Fire District agree that the Volunteer Fire Department may use the Fire Station, at no cost, for meetings and other uses in connection with the affairs of the Volunteer Fire Department. 9. The Thrift Shop (with respect to the sublease of the Fire Station Annex Building located on Lot R) and the Fire Dis- trict shall save City harmless from any liability or injury to any person or damage to property on or about the Premises from any cause whatsoever, and shall procure, at their own expense, public .t~ability insurance for the benefit of the Fire District, Thrift 5 Shop and City with limits of not less than those amounts specified in Section 24-10-114, C..R.S. 1973, as it may be amended from time to time. The Fire District and Thrift Shop shall maintain such insurance in full force and effect during the term of this agree- ment and shall furnish the City with a copy of such insurance policy or a certificate evidencing the issuance thereof prior to occupancy. As between Fire District and Thrift Shop, Thrift Shop agrees to pay for and maintain insurance coverage with respect to the Fire Station Annex Building and shall evidence such coverage as a condition of'occupancy. 10. The Fire District and the Thrift Shop agree to pay all damages for iDjuries to real or personal property growing out of any negligent act or deed or any omission to act of the Fire Dis- trict or Thrift Shop or their servants, agents or employees, aris- ing out of their use of the Premises and further covenant and agree to indemnify, save, and keep the City harmless against all liabilities, judgments, costs, damages, and expense of and from any and all claims of any kind or nature whatsoever which may in any way come against~ the City for and on account of personal injuries and injury to real and personal property or to the loss .of any personal property caused or claimed to have been caused as a result,of any negligent act or deed or omission to act of the Fire District, Thrift Shop or their servants, agents or employees. 11. Ail notices required hereunder shall be in writing and shall be deemed to have been given if either delivered personally or mailed by certified or registered mail to the parties to this agreement, at their respectiVe addresses as follows, or to such other address as any party may so notify the others of in writing: City: Fire District: City Manager AFPD City of Aspen P.O. Box 1021 130 SOuth Galena Street Aspen, Colorado 81612 Aspen, Colorado 81611 Thrift Shop: 420 East Hopkins Aspen, Colorado 81611 12. This agreement shall be binding upon and shall inure to the benefit of the CitY, Fire District, Thrift Shop and their respective successors and assigns. 13. This agreement may be modified only by written agreement executed by the parties hereto. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. CITY: · t % Wit~f~"~l~ 'iStirl ing, May6r ATTEST:: ASPEN FIRE PROTECTION DISTRICT BYPreside~ /: ~ ATTEST: ~eeretary THE THRIFT SHOP, INC. President ATTEST: Secretary