HomeMy WebLinkAboutresolution.council.037-18 RESOLUTION #37
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A LEASE TERMINATION AGREEMENT
BETWEEN THE CITY OF ASPEN AND FIERCELY LOCAL LLC.
WHEREAS, there has been submitted to the City Council a Lease
Termination Agreement between the City of Aspen and Fiercely Local LLC
regarding the continuation of the lease in the Wheeler.Opera House of the
premises now known as Justice Snow, a true and accurate copy of which is
attached hereto as Exhibit "A" and approved substantially in the form and terms
presented.
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 Lease
Termination Agreement between the City of Aspen and Fiercely Local LLC
regarding the continuation of the lease in the Wheeler Opera House of the
premises now known as Justice Snow, 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 26th day of February 2018.
',�.. Lao Y,
Steven Skad on, Nwyor
I, Linda Manning, duly appointed andacting City Cl k 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 February 26, 2018.
Ainda Manning, City Cle k
LEASE TERMINATION AGREEMENT
THIS LEASE TERMINATION AGREEMENT, is made and entered into as of this ?—G day
of February 2018, between City of Aspen, 130 South Galena Street, Aspen, Colorado
(hereinafter referred to as "Landlord"), and Fiercely Local LLC (hereinafter referred to as
"Tenant"), whose address is 213 S. Mill Street, Aspen, Colorado, 81611.
WITNESSETH:
WHEREAS, on or about May 27, 2011, the parties hereto entered into a lease agreement for
certain property described as the portion of the first floor of the "Wheeler Opera House currently
occupied by the Bentley's restaurant consisting of 2618 net leasable square feet...," 213 S. Mill
Street, Aspen, Colorado (hereinafter be referred to as the "Lease"). The Tenant has operated the
business know as Justice Snow on the premises since December, 2011; and,
WHEREAS, the initial term of the Lease was for a period of five (5) years commencing on
December 1, 2011 and terminating on December 31, 2016; and,
WHEREAS, on November 16, 2017, the parties entered into a Lease Extension Agreement
extending the lease to April 15, 2018; and,
WHEREAS, Tenant is currently behind in the payment of rent in the amount of S 12,500; and,
WHEREAS, the Tenant desires to terminate the lease prior to April 15, 2018, on the such terns
are acceptable to the Landlord and Landlord is willing to accept possession of the premises on
the date and the terms and conditions set forth herein.
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: Termination
The Lease will terminate on February 28, 2018 and Tenant will vacate the premises on that date
in quality condition, substantially in the form and condition found during the site visit on
February 9, 2018. Landlord will accept possession of the premises on February 28, 2018.
However, not withstanding such acceptance, Landlord reserves the right to inspect the premises
for damages and pursue any and all remedies available to Landlord pursuant to the Lease as a
result of damages to the premises, including but not limited to retention of any security deposit.
Section 2: Pavment of Outstanding Rent
In full payment of all outstanding rent due to Landlord, Tenant shall convey to the Landlord by
bill of sale the personal property currently on the premises and more fully described in Exhibit
"A" attached hereto. All items transferred pursuant to this section shall be transferred in good,
clean, working order or condition.
Section 3: Other Terms and Conditions
a) Prior to termination set forth herein, all terms of the Lease and the Lease Extension
Agreement remain in full force and effect except Tenant may immediately reduce the
service to customers to dinner only.
b) Following termination, Tenant may access the premises during normal business hours
of 9-5 pm, Monday through Friday up to March 15, 2018 to remove any personal
property that is not listed on Exhibit "A" and subject to conveyance pursuant to Section
2, above. Access will be arranged by appointment with Wheeler staff.
Section 4: Waiver and Release
Tenant, its successors and assigns, waives any and all claims it has or may have had to
possession of the premises after the date of termination set forth herein and hereby releases
acquits and forever discharges the City of Aspen, it's officials and employees, from any and all
actions and causes of actions, claims, demands, compensatory and punitive damages, loss of
service, compensation, costs, attorney fees, expenses, and rights of action whatsoever,
and holds Landlord harmless from any and all claims, demands or causes of action related to any
claim for possession or right to possession associated with the Lease term and any purported
renewal thereof or any other claim of any nature whatsoever against the City of Aspen, its
employees and officials.
IN WITNESS WHEREOF, the Landlord and Tenant have executed this Lease
Termination Agreement on the day and year first above written.
LANDLORD: City, of As en/
( M. . Date Z'28- 1d
Stephen H. Barwick, City Manager
TENANT: Fiercely Local LLC
Date
M667Ann Kile , Me ber Manager QQ