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Home My WebLink Aboutbocc.con.082.22 - BOCC Contract No. 082.2022 Attached ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,APPROVING A SECOND AMENDMENT TO ORDINANCE NO. 021-2017 AND APPROVING AN AMENDED LEASE AGREEMENT BETWEEN JEDEDIAH ASPEN, LLC AND THE BOARD OF COUNTY COMMISSIONERS FOR THE FOOD AND BEVERAGE CONCESSION AT THE ASPEN/PITKIN COUNTY AIRPORT ORDINANCE NO. 001-2022 RECITALS WHEREAS, pursuant to 30-35-301 C.R.S., the Board of County Commissioners ("BOCC") of Pitkin County, Colorado a Home Rule County 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 and; WHEREAS, 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 Statutes as amended and; WHEREAS, Pitkin County is the owner and operator of the Aspen/Pitkin County Airport ("Airport"), and does maintain various spaces for the public and from time to time does lease the use of parts of these areas to various individuals, firms, companies or corporations to serve the users of the Airport and; WHEREAS, pursuant to Ordinance No. 021-2017, the BOCC entered into a lease agreement with Jedediah Aspen, LLC ("JALLC") d/b/a Jedediah's Catering & Concessions for operation of a food and beverage concession at the Airport through July 31, 2022 and; WHEREAS, pursuant to Ordinance No. 025-2021, the BOCC approved a first amendment to Ordinance No. 021-2017 to extend the square footage of the concession boundary area into the secured passenger area of the airport, and; WHEREAS, JALLC holds a State of Colorado Hotel Restaurant Liquor License as well as a Pitkin County liquor license to sell malt, vinous and spirituous liquor at the concession in the Aspen/Pitkin County Airport and; WHEREAS, JALLC has submitted an application for renewal of their liquor license, which expires on December 14, 2021, and; WHEREAS, pursuant to Title 44. Article 3 C.R.S. as amended, the lease agreement between the BOCC and JALLC needs to be in full force for the entire year that the liquor license would be in effect,which would be through December 14, 2022, and; WHEREAS, JALLC has requested an amendment to their lease agreement to extend the expiration date to December 31, 2022, and; WHEREAS, the Airport Director has determined that the lease agreement should be amended to continue through December 31, 2022 at the request of JALLC to accommodate compliance with Title 44, Article 3 C.R.S. as amended, which would allow JALLC to renew their current liquor license, and; WHEREAS, with the exception of the extension of the term of the lease agreement all the remaining terms, conditions and obligations of the Lease shall remain in full force and effect, and; WHEREAS, the BOCC finds that adoption of this ordinance is in the best interest of the citizens and the guests of Pitkin County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that: 1. It hereby adopts an Ordinance Approving a Second Amendment to Ordinance No. 021- 2917 Approving an Amended Lease Agreement attached hereto as Exhibit A, with Jedediah Aspen, LLC, and; 2. It hereby 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 15TH DAY OF DECEMBER, 2021 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 12TH DAY OF JANUARY 2022. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 30TH DAY OF DECEMBER, 2021. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 30TH DAY OF DECEMBER 2021. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 12TH DAY OF JANUARY 2022. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 13TH DAY OF JANUARY, 2022. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 20TH DAY OF JANUARY, 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS By AAtitt By: Pali 04r Julia Ely Patti Clapper, Chair Deputy County Clerk Date: Jan-13-2022 APPROVED AS TO FORM: MANAGER APPROVAL IA., El/ Pluilis Maifiu, John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager EXHIBIT A Contract No. 082.2022 SECOND AMENDMENT TO LEASE AGREEMENT (Aspen/Pitkin county Airport) THIS SECOND AMENDMENT TO LEASE AGREEMENT (HEREINAFTER"Addendum"), effective as of Jan-13-2022 , is entered into by and between THE BOARD OF COUNTY COMMIMSISONERS OF PITKIN COUNTY, COLORADO ("Lessor") and Jedediah Aspen, LLC, A Wyoming limited liability company("Lessee") (Lessor and Lessee are sometimes collectively referred to as the ("Parties") i. WHEREAS, Lessor and Lessee are parties to that certain Lease Agreement dated August 1, 2017 and as amended on June 25, 2021 (the "Lease") to occupy space described Restaurant The exclusive occupancy and use of the Restaurant and Bar Area(1,780 sq. ft.), Specialty Drinks and Snacks (195 sq. ft.), and Seasonal Counter(319 sq. ft.). The Premises shall include the metal partition, display window, locks,keys,plate glass, ceiling, floor covering and utility fixtures and outlets. ii. The exclusive occupancy and use of the Retail Concessions (270 sq. ft.). The Premises shall include the metal partition, display window, locks, keys,plate glass, ceiling, floor covering and utility fixtures and outlets (Exhibit A) of the lease agreement attached to Ordnance No. 025-2021. iii. As appurtenances to the exclusive-use space, the limited, non-exclusive use for ingress, egress, and other purposes specifically noted, of the following: 1) Areas immediately outside the access door of the shop, for the location of moveable, temporary sales display fixtures, so long as such displays are approved in writing by the Director of Aviation, or designee. 2) Entryways, exit ways, driveways and internal circulation areas appurtenant to the above-described areas, subject to rules and regulations in common with other users of Lessee's classification. 3) Areas made available to the public (waiting rooms, concessions, restrooms), subject to rules and regulations in common with other users of Lessee's classification. 4) Employee parking spaces,upon request by Lessee and if then-available, subject to numbers of spaces, fees, costs, rules and regulations established by the County(and payable directly to the Airport). 5) Pursuant to the amended lease dated June 25, 2021, lessee was given the right to expand the liquor license service area into the entire secure passenger area adjacent to the Retail Concession area as depicted on Exhibit B of the lease agreement attached to Ordinance No. 025-2021. WHEREAS, Lessor and Lessee desire to amend the Lease to continue the term of the lease agreement to December 31, 2022, NOW THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. TERM OF LEASE: The lease shall be effective through December 31, 2022. 2. JJ VIITED MODIFICATION OF LEASE: SCOPE.With the exception of the specific provisions provided herein, the Parties expressly agree that the remaining terms, conditions and obligations of the Lease shall remain in full force and effect. All capitalized terms shall have the definition provided for it in the Lease, unless otherwise defined herein. 3. FULL FORCE AND EFFECT. All other terms of the Lease, including but not limited to, all of Tenant's guarantees, shall remain in full force and effect. 4. ENTIRE AGREEMENT. The Lease and this Addendum represents the entire agreement and understanding between the Parties regarding modifying/amending/expanding the Lease, and supersedes and replaces any and all prior oral agreements and understandings that may exist between the Parties. 5. AGENTS AND REPRESENTATIVES. The Parties hereby acknowledge that they are duly authorized agents and representatives of any entity they each represent. 6. COUNTERPARTS. This Addendum may be executed in counterparts and by facsimile, and each counterpart and facsimile shall have the same force and effect as an original and shall constitute an effective,binding agreement on the part of each of the undersigned. IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment to Commercial Lease Agreement to be effective as of the Effective Date first written above. Signature Page for Second Amendment to Commercial Lease Agreement Lessor: Board of County Commissioners of Pitkin County, Colorado By: Path alPw' Chair Lessee: Jedediah Aspen, LLC By: Li— Mike Gierau, Manager APPROVED AS TO FORM: 5°a"' E17 John Ely, County Attorney