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Home My WebLink About06 03082017 - Second Reading Ordinance Extending Ute Leases AGENDA ITEM SUMMARY REGULAR MEETING DATE: March 22. 2017 AGENDA ITEM TITLE: AMENDING ORDINANCE NO. 028-2015 TO PROVIDE FOR AN EXTENSION TO THE TERM OF A LEASE AGREEMENT WITH JAMES E. COX LIVING TRUST FOR THE PURPOSE OF HOUSING THE OFFICE OF THE PITKIN COUNTY CLERK&RECORDER DURING THE COURTHOUSE PLAZA RENOVATION PROJECT STAFF RESPONSIBLE: Jodi Smith, Facilities Director ISSUE STATEMENT: Shall the Board of County Commissioners amend Ordinance No. 028-2015 to provide for an amendment to a lease agreement with James E. Cox Living Trust to provide for an extension to the term of the lease to August 31, 2018. BACKGROUND: As stated in Ordinance 28-2015, Pitkin County entered into two lease agreements with the James E. Cox Living Trust for the County Clerk's operations during the Sheriff and Administration Buildings construction. Due to the construction timeline and business needs of the County Clerk the lease needs to be extended to end on August 31, 2018. KEY DISCUSSION ITEMS: Any questions the Board may have pertaining to the lease amendments with the James E. Cox Living Trust. RECOMMENDED BOCC ACTION: Approve an amendment to Ordinance No. 028-2015 to provide for an extension to the term of a lease agreement with James E. Cox Living Trust for the purpose of housing the Office of the Pitkin County Clerk&Recorder during the Courthouse Plaza Renovation project. ATTACHMENTS: A. Ordinance 28-2015 B. Lease Amendment for Unit 106 C. Lease Amendment for Unit 205 AN ORDINANCE AMENDING ORDINANCE NO. 028-2015 TO PROVIDE FOR AN EXTENSION TO THE TERM OF A LEASE AGREEMENT WITH JAMES E. COX LIVING TRUST FOR THE PURPOSE OF HOUSING THE OFFICE OF THE PITKIN COUNTY CLERK& RECORDER DURING THE COURTHOUSE PLAZA RENOVATION PROJECT ORDINANCE NO. -2017 RECITALS: 1. Pursuant to 30-35-301 C.R.S., the Board of County Commissioners ("BOCC") of Home Rule Counties is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary. 2. Pursuant to Section 2.8.1 of the Home Rule Charter("HRC"), the BOCC is authorized to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statues as amended. 3. The BOCC approved ordinance 028-2015 approving the lease agreements with Vectra Bank Colorado, NA and James E. Cox Living Trust on October 28, 2015. 4. Due to the Sheriff and Administration Construction timeline and the business needs of the Clerk the leases with the James E. Cox Living Trust need to be extended. 5. The James E. Cox Living Trust lease terms for units 106 and 205 at the Ute City Building will be extended from October 31, 2017 to end August 31, 2018. 6. The BOCC finds that adoption of this ordinance is in the best interest of the citizens of Pitkin County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts an ordinance amending Ordinance No. 025-2015 to provide for an extension to a lease agreement with James E. Cox Living Trust for the purpose of housing the Office of the Pitkin County Clerk& Recorder during the Courthouse Plaza renovation project and authorizes the Chair or the Chair's designee to sign the Ordinance and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. INTRODUCED AND FIRST READ ON THE DAY OF , 2017 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE DAY OF 2017. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF , 2017. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE DAY OF 2017. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY OF 2017. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF , 2017. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE DAY OF ATTEST: BOARD OF COUNTY COMMISSIONERS By By: Jeanette Jones George Newman, Chair Deputy County Clerk Date: APPROVED AS TO FORM: MANAGER APPROVAL John Ely, County Attorney Jon Peacock, County Manager CONTRACT 0 7:/Wrii5 ;75. 9.0('7 EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS ( c1Q) OF PITKIN COUNTY, COLORADO APPROVING TWO-YEAR COMMERCIAL LEASE AGREEMENTS WITH VECTRA BANK COLORADO,NA AND JAMES E. COX LIVING TRUST FOR THE PURPOSE OF HOUSING THE OFFICE OF THE PITKIN COUNTY CLERK&RECORDER DURING THE COURTHOUSE PLAZA RENOVATION PROJECT ORDINANCE NO.ff-2015 1. The Courthouse Plaza Building, which currently houses the Office of the Pitkin County Clerk & Recorder("Clerk&Recorder's Office"), will undergo a major renovation project ("Project") commencing in early 2016. 2. The Clerk& Recorder's Office, including the Elections Department will be required to vacate the building for the duration of the Project. 3. The Board of County Commissioners (" the County") has determined that there is a need for leased space to continue the day to day business operations of the Clerk& Recorder's Office and Elections Department without interruption in Aspen. '4. The County and Vectra Bank Colorado NA and the James E. Cox Living Trust (collectively the "Landlords") desire to enter into commercial Lease Agreements for an initial term of two years to house the Clerk&Recorder's Office, including the Elections Department, for the duration of the Project. The Leased Space and base terms are as follows; with terms more specifically described in the Lease Agreements: • Vectra Bank Aspen, Lower Level, 534 E. Hyman Avenue Aspen, CO 81611: i) 2,591 square feet ii) Initial base rent $5,400/month iii) 4% escalation to base rent on 10/1/16 and annually thereafter iv) Additional rent of$2,807/month for pro rata share of Common Area maintenance and Landlord insurance costs v) Security Deposit: $16,500 • Ute City Building, Suite 205, 501 E. Hyman Avenue, Aspen, CO 81611: i) 935 square feet ii) Initial base rent$3,117/month iii) 4% escalation to base rent on 10/1/16 and annually thereafter iv) Additional rent of$1,097/month for Common Area maintenance and insurance escrow v) Security Deposit: $8,700 • Ute City Building, Suite 106, 501 E. Hyman Avenue, Aspen, CO 81611: 1 i) 1047 square feet ii) Initial base rent$5,235 iii) 4% escalation to base rent on 10/1/16 and annually thereafter iv) Additional rent $1,229/month for Common Area maintenance and insurance escrow v) Security Deposit: $15,200 5. The terms of the Lease Agreements shall incorporate language approved by the County Manager and County Attorney and the Chair(or Chair's designee) shall be authorized to sign the Lease Agreements in the form approved. 6. This action is being taken by the County as an emergency in order to occupy the Leased Space immediately to install and establish the infrastructure and technical components required for the Clerk&Recorder's Office. 7. The BOCC finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately pursuant to Pitkin County Home Rule Charter Section 2.8.2. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that the Chair (or Chair's designee) is authorized to execute two- year commercial Lease Agreements with Vectra Bank Colorado,NA and the James E. Cox Living Trust in a form approved by the County Manager and County Attorney for the purpose of housing the Office of the Pitkin County Clerk and Recorder, including the Elections Department, for the duration of the Courthouse Plaza renovation project. INTRODUCED, READ AND ADOPTED AS AN EMERGENCY ORDINANCE ON OCTOBER 14, 2015 AND SET FOR CONFIRMATORY PUBLIC HEARING ON OCTOBER 28, 2015. NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE EMERGENCY ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON O i'. /- do e Y !I , 2015. NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE/?OFFICIAL PITKIN COUNTY WEBSITE www.aspenpitkin.com ON b r /J 2015. CONFIRMED AT A PUBLIC HEARING OCTOBER 28, 2015. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUBLIC HEARING, IN THE ASPEN TIMES WEEKLY.&n- oc.1-o&r �a/ . /¶ POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE www.aspenpitkin.com ON Oe..1 r Jo - _, 2015. / 2 THIS ORDINANCE IS EFFECTIVE ON OCTOBER 14, 2015. ATT T: BOARD OF COUNTY COMMISSIONERS By 6ea By: --tli„3--exit F CO) Je ette Jones Steven F. Child, Chair D uty County Cle Date: (U f/S /7-0(5 APPROVED AS TO FORM: MANAGER APPROVAL John E , ounty : .rney Jon eacoc c, County Manager 3 Amendment to Standard Office Lease Space 106. Ute City Building This Amendment to Standard Office Lease is made this day of January 2017, by and between the Anthony E. Cox Living Trust as successor to the James E. Cox Living Trust ("Landlord") and the Pitkin County Board of County Commissioners ("Tenant"). WHEREAS, Landlord and Tenant are the parties to a lease dated October 20, 2015 for Space 106 in the Ute City Building in Aspen, Colorado (the "Lease), and WHEREAS, the parties desire to extend the term of the Lease and to provide for an expansion of Space 106 into the atrium of the Building; NOW, THEREFORE, the parties agree as follows: 1. The term of the Lease is extended through August 31, 2018. 2. The Tenant will cooperate with the Landlord to expand Space 106 into the atrium of the Building if Landlord so desires. Any such expansion will be at Landlord's expense and Tenant will not be charged any additional rent or triple net costs for the additional square footage, if created. 3. The Lease shall remain in full force and effect except as modified above. The parties agree that there are no defaults by either party with respect to the Lease at the time of this Amendment Landlord: Tenant: The Anthony E. Cox Living Trust Pitkin County Board of County Commissioners By: Brian Woods, Trustee By: Title: Amendment to Standard Office Lease Space 205. Ute City Building This Amendment to Standard Office Lease is made this day of January 2017, by and between the Anthony E. Cox Living Trust as successor to the James E. Cox Living Trust ("Landlord") and the Pitkin County Board of County Commissioners ("Tenant"). WHEREAS, Landlord and Tenant are the parties to a lease dated October 20, 2015 for Space 205 in the Ute City Building in Aspen, Colorado (the "Lease), and WHEREAS, the parties desire to extend the term of the Lease; NOW, THEREFORE, the parties agree as follows: 1. The term of the Lease is extended through August 31, 2018. 2. The Lease shall remain in full force and effect except as modified above. The parties agree that there are no defaults by either party with respect to the Lease at the time of this Amendment Landlord: Tenant: The Anthony E. Cox Living Trust Pitkin County Board of County Commissioners By: Brian Woods, Trustee By: Title: