Loading...
HomeMy WebLinkAboutordinance.council.044-86 ORDINANCE NO..%4 (Series of 1986) AN ORDINANCE APPROVING THAT AGREEMENT BETWEEN HARRY W. BASS, JR. AND THE CITY OF ASPEN, COLORADO, PROVIDING FOR THE LEASING BY THE CITY OF LOTS D, E, F, G, H AND I, CITY OF ASPEN, FOR USE AS A PARK AND SETTING FORTH THE TERMS AND CONDITIONS OF SAID LEASE; AND AUTHORIZING THE MAYOR TO EXECUTE SAID LEASE AGREEMENT ON BEHALF OF THE CITY OF ASPEN WHEREAS, the City has maintained and used Lots D, E, F,G, H and I, Block 75, City of Aspen, as Bass Park for a number of years; and WHEREAS, the City Council desires to lease said property from Harry W. Bass, Jr. for continued use as a park on a year-to- year basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO Section 1 That the City Council hereby approves that lease agreement between Harry W. Bass, Jr. and the City of Aspen providing the leasing of Lots D, E, F, G, H and I, Block 75, City of Aspen, for the continued use of the property as Bass Park, setting forth the terms and conditions of said lease, a copy of which lease agreement is attached hereto and incorporated herein by this reference, and authorizing the Mayor to execute said lease agree- ment on behalf of the City of Aspen. Section 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinance. Section 4 A public hearing on the ordinance shall be held on the day of ~ , 1986, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the c~c~~day of /~ , 1986. VWilliam L. sti~ling, Mayor ATTEST: Kathryn S~Koc City Clerk 2 FINALLY adopted, passed and approved this /~ day of ~ , 1986. William L. Stirl~ng, Mayor ATTEST: Kathryn S/Koch, City Clerk 3 LEASE AGREEMENT' THIS LEASE AGREEMENT, made 'and entered into this day of , 1986, by and between HARRY W. BASS, JR. (hereinafter referred to as "Lessor"), and the CITY OF ASPEN (hereinafter referred to as"Lessee"). WHEREAS, Lessor is.the owner of Lots D, E, F, G, H, and I, Block 75, City of Aspen, County of Pitkin, State of Colorado, AND WHEREAS, Lessee is desirous of leasing and using said property as a park, AND WHEREAS, Lesso~ is desirous of leasing said property for use as a park on a year-to-year basis, with automatic renewals unless terminated by either party hereto at least sixty (60) days before the end of any yearly term. NOW, THEREFORE, for good and valuable consideration and in consideration of the premises, it is agreed as follows: 1. Lessor hereby lets and leases to Lessee for successive one (1) year terms as set forth herein, Lots D, E, F, G, H, and I, Block 75, County of Pitkin, State of Colorado, together with improvements thereon, for a yearly rental sum of Ten ($10.00) Dollars. 2. The lease shall be for consecutive one (1) year terms unless and until terminated as set forth below, commencing on the effective date of this lease agreement and terminating, as may be applicable, on the same date each succeeding year thereafter (hereinafter referred to as "Anniversary Date"). 3. This lease shall be automatically renewed for consecutive one (1) year terms, unless notice is given by either party at least sixty (60) days prior to the anniversary date of any given year, in which event the lease and all obligations hereunder shall terminate on the anniversary date. - 1 - 4. Lessee agrees that 'it shall and will use the hereinabove described'property for park purposes only and, it is further agreed that Lessee may landscape the premises and construct walkways, concrete benches, water fountains and other park facilities consistent with the use of the land..for a park. 5. During the term of this lease, Lessee shall maintain the premises in a clean and orderly condition and upon termination of the lease shall have the right to remove the improvements placed thereon within a reasonable period of time following the termination of this lease agreement; provided, however, Lessor shall be obligated to leave the premises in clean condition, free of all debris and rubble, at such time as Lessee vacates. 6. Lessee agrees to reimburse Lessor for all real property taxes, special district or special improvement district assessments or fees, and any other such public charges made against the property during and for the period the lease is in effect. Lessor shall provide evidence of such payment to Lessee, who shall pay Lessor within sixty (60) days thereafter. 7. Lessee covenants and agrees to indemnify, hold harmless, and defend Lessor from any and all claims for personal liability or property damage with regard .to the leased property during the term of this lease. Lessee shall notify Lessor of any and all lawsuits involving the property whether or not Lessor is named therein. 8. The provisions of this lease 'shall be binding upon the parties hereto and upon their successors, 'heirs, executors and assigns. 9. Ail notices herein provided for shall be in writing and sent by registered or certified mail, return receipt requested, postage fully prepaid, to Lessor - 2 - at: Harry W. Bass, Jr., 8333 Douglas Avenue, Suite 1400, Dallas, Texas 75225, and c/o J. Nicholas McGrath, P.C., 600 East Hopkins Avenue, Suite 203, Aspen, Colorado 81611, and to Lessee at: c/o City Manager, 130 South Galena Street, Aspen, Colorado 81611, or at such other address as Lessor or Lessee may theretofore have furnished. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. ATTEST: LES SEE: THE CITY OF ASPEN L~S SOR: H4~r~. Bass% Jr. sh5: agrbas s - 3 -