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HomeMy WebLinkAboutresolution.council.108-07RESOLUTION NO. 7D~ Series of 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, PROVIDING AUTHORITY FOR THE FINANCE DIRECTOR TO SIGN AND EXECUTE "CONSENT TO SUBLEASE, SUBORDNATION, NONDISTURBANCE AND ATTORNMENT UNDER LEASE AGREEMENT(S)" WITH THE ISIS RETAIL GROUP WITH RESPECT TO THE SUB-SUB LEASE OF A PORTION OF THE ISIS TO PETER LIK ASPEN LLC LLC, A COLORADO LIMITED LIABILITY COMPANY WHEREAS, there has been submitted to the City Council Consent to Sublease, Subordination, Nondisturbance and Attomment Under Lease Agreement(s) between the City of Aspen and Isis Retail Group LLC, true and accurate draft copies of which aze attached hereto as Exhibit "A and B"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby authorizes the Finance Director to sign and execute said agreement(s), between the City of Aspen and the Isis Retail Group LLC, draft copies of which are annexed hereto and incorporated herein, upon the following terms: 1. That said agreement(s) are not in conflict with the City's obligations with respect to its lease purchase agreement with the City of Aspen Public Facilities Authority. 2. That said agreement(s) are not in conflict with provisions of the City of Aspen's sublease with the Isis Retail Group (IRG) and, 3. That proposed lease between the Isis Retail Group and Peter Lik Aspen LLC provides adequate protection to the City of Aspen in the case subtenant (Peter Lik Aspen LLC) fails to comply with provisions of its lease with the Isis Retail Group or applicable law. 4. That proposed lease does not conflict with any other approvals or financing obligations of the City of Aspen INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 10th day of December, 2007. ~ /2-/si-o~- Mic ael C. Ireland, Mayor 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 hereinabove stated. Kathryn S. K ,City Clerk