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HomeMy WebLinkAboutbocc.ord.010.2017 AN ORDINANCE AMENDING ORDINANCE NO.028-2015 TO PROVIDE FOR AN EXTENSION OF THE TERM OF A LEASE AGREEMENT WITH VECTRA BANK, COLORADO NA FOR THE PURPOSE OF HOUSING THE OFFICE OF THE PITKIN COUNTY CLERK& RECORDER DURING THE COURTHOUSE PLAZA RENOVATION PROJECT ORDINANCE NO. 4/G -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 Bath Colorado, NA and James E Cox Living Trust on October 28, 2015. 4. Due to the Sheriff and Administration Buildings construction timeline and the business needs of the Pitkin County Clerk, the lease with Vectra Bank Colorado,NA needs to be extended 5. The Vectra Bank Colorado, NA lease term for the Vectra Bank Aspen, Lower Level will be extended from September 30,2017 to June 30, 2018. 6. The BOCC fords 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 of the term of the lease agreement with Vectra Bank Colorado, NA, 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 iti INTRODUCED AND FIRST READ ON THE $SQ DAY OF ` . 2017 AND SETy��FO� R� SECOND READING AND PUBLIC HEARING ON THE 9/14, F DAY O MIM F,L_ 20L7 NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RFFAOLUTION PUBLISII ED IN THE ASPEN T IMES WEEKLY ON TI[E_C DAY OF ;J,l1iit. _. 2017. NOTICE OF PUBLIC HEARING AND TILE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE(www.pitkinamnty.com)ON TIIE ir- DAY OF Mgr LM- 2017. m ADOP" iD AFTER FLNAL READING AND PUBLIC HEARING ON THE O2_ DAY OF rrCutrk- 2017 PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON TUE 'i- DAY OF AA:La... . 2017. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSJ"I E Lwww.pilkincotnty.com )ON DIE `J to- DAY OF Mac . gal AI P- T. BOARD OF COUNTY COMMISSIONERS By , \ 94„ Je.tcite Jones (' George Ch.;r D- .ury County('I kA_/�� Date APPROVED AS TO FORM: MANAGER APPROVAL J John Elk_ . _•. • • homey on P=k, .-nty Manager AMENDMENT TO OFFICE LEASE at the Aspen Vectra Bank Building 530 East Hyman Avenue,Aspen CO 81611 7�- �pp1`i THIS AMENDMENT("Amendment")is made and entered into this `7 day ofJd,,,.,, g 2017 by and between Vectra Bank Colorado NA("Landlord")and Pitkin County Board of County Commissioners("Tenant") WITNESSETH NOW THEREFORE,in consideration of the mutual promises contained herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged,the parties agree. I. Landlord and Tenant entered into that certain Office Lease dated October 20,2015, concerning the premises located at the Lower Level of the Aspen Vectra Bank Building, 530 E Hyman Avenue,Aspen,CO 81611. 2. Pursuant to Lease Paragraph 2,Term, it is acknowledged that the Lease is hereby extended for thirteen(13)months. 3. Notwithstanding anything to the contrary contained in the Lease: a. The termination date of the Lease will be October 31,2018. b. The Minimum Rent for the extended term is as follows: $5,840.64 per month plus additional rent based upon costs described in Lease Paragraphs 9 and 10. c. Tenant may terminate the Lease at an earlier date by providing 90 days'pnor written notice to Landlord Tenant may extend Term of the Lease one or more times for one month or more each time,by providing 60 days' pnor wntten notice to Landlord The Minimum Rent during any such extension(s)will continue to be$5,840.64 per month. d. Defined terms appearing in the Lease will,unless the context otherwise requires, have the same meanings when appearing in this Amendment. e. Except as provided for herein, all other terms,provisions and conditions of the Lease will remain the same f. This Amendment may be executed in one or more counterparts which together shall be one and the same instrument,binding on all parties,although not signatory to the same onginal document This Amendment can be accepted and/or executed by either party by facsimile transmission,or by scan and email,which shall be binding upon the party so executing IN WITNESS WHEREOF,the parties have signed this Amendment as provided below: LANDLORD: Vect a$ank Colorado NA / /51// Eileen Breslin,VP Property Management Date TENANT Pitkin I. nt)Bo�ar��d//oofCount ommissioners 6.20i,,t ����.e u. art. &cal r Dat CONTRACT N 9Y-2h/5 �76 9�(1/ EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS (Mr.4c^_,AO OF PITKIN COUNTY, COLORADO APPROVING TWO-YEAR COMMERCLAL LEASE AGREEMENTS WITH VECTRA BANK COLORADO,NA AND JAMES E. COX LIVING TRUST FOR THE PURPOSE OF HOUSING THE OFFICE OF THE PITK(N COUNTY CLERK&RECORDER DURING THE COURTHOUSE PLAZA RENOVATION PROJECT ORDINANCE NO 66.-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, CD 8161 I: 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$2,807imonth 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 Arca maintenance and insurance escrow v) Security Deposit:$8,700 • Ule City Building, Suite 106, 501 E. Hyman Avenue, Aspen, CO 81611: i) 1047 square feet ii) Initial base rent $5235 iii) 4%escalation to base rent or. 10/1/16 and annually thereafter iv) Additional rent $1,229/month for Common Area maintenance and insurance escrow v) Security Deposit: $15,200 5. The terms of the Lease Agreements shall incorporate language approved by the County Manager and County Attorney and the Char(or Chair's designee)shall be authorized to sign the Lease Agreements in the form approved. 6. This action is being taken by the County as an emergency in order to occupy the Leased Space immediately to install and establish the infrastructure and technical components required for the Clerk&Recorder's Office. 7. The BOCC finds that adoption of this ordinance is necessay for the immediate preservation of the public health,safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately pursuant to Pitkin County Home Rule Charter Section 2.8.2. NOW,THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County,Colorado that the Chair(or Chair's designee)is authorized to execute two- year commercial Lease Agreements with Vectra Bank Colorado. NA and the lames E. Cox Living Trust in a form approved by the County Manager and County Attorney for the purpose of housing the Office of the I'itkin County Clerk and Recorder, including the Elections Department, for the duration of the Courthouse Plaza renovation project. NTRODUCED, READ AND ADOPTED AS AN EMERGENCY ORDINANCE ON OCTOBER 14,2015 AND SET FOR CONFIRMATORY PUBLIC HEARING ON OCTOBER 28, 2015. NOTICE OF CONFIRMATORY PUBLIC HEARING AND PILE AND SHORT SUMMARY OF THEE RGENCY ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON (i( XY ./� _ _,2015. NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON T/I}fI.EF';gO�/�F�FICIAL PITKIN COUNTY WEBSITE www.aspenoitkin.com ON Oddity /.) . 2015. CONFIRMED AT A PUBLIC HEARING OCTOBER 28,2015. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUBLIC HEARING, IN THE ASPEN TIMES WEEKLY.$'- OJcMe r 20/.' POSTED BY TITLE AND SHORT SUMMARY ON TTTE OFFICIAL PITKIN COUNTY WEBSITE www.aspenpitkin.com ON 0 .r /( - , 2015. 2 THIS ORDNANCE IS EFFECTIVE ON OCTOBER 14,2015. ATI' T: ^ Q BOARD OE COUNTY COMMIISSIONERS 0 Jer este Jones / Steven F. Child, Chair Utility County CI• .J Date: 10/15 J3c(r APPROVED AS TO FORM: MANAGER APPROVAL John E . - .mey Jon 'canoe ,County Manager 3