HomeMy WebLinkAbout2025-02 A Resolution Approving a First Amendment to Lease Between Town of Vail and Children's Garden of LearningRESOLUTION NO. 2
Series of 2025
A RESOLUTION APPROVING A FIRST AMENDMENT TO LEASE BETWEEN THE
TOWN OF VAIL AND THE CHILDREN’S GARDEN OF LEARNING
WHEREAS, the Town and the Children’s Garden of Learning entered into a Lease
Agreement on October 21, 2021; and
WHEREAS, the parties wish to amend the Lease Agreement pursuant to the terms
set forth in Exhibit A, attached hereto and incorporated herein by this reference (the
"First Amendment").
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the First Amendment in
substantially the same form as attached hereto as Exhibit A, and in a form approved by
the Town Attorney, and authorizes the Town Manager to execute the First Amendment
on behalf of the Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 7
th day of January 2025.
_________________________
Travis Coggin, Mayor
ATTEST:
Stephanie Kauffman, Town Clerk
1/8/2025
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FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT (the "First Amendment") is
made and entered into this __ day of _______, 2025, (the "Effective Date"), by and
between the Town of Vail, a Colorado home rule municipality, with an address of 75 South
Frontage Road, Vail, CO 81657 (the "Town"), and Children's Garden of Learning, a
Colorado non-profit corporation, with an address of 330 South Frontage Road West, Vail,
CO 81657 ("Lessee") (each a "Party" and collectively the "Parties").
WHEREAS, the Parties entered into a Lease Agreement on October 21, 2021; and
WHEREAS, the Parties wish to amend the Lease Agreement.
For the consideration hereinafter set forth, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
1. Section A of Article 2 of the Lease Agreement is amended to read as
follows:
This Agreement shall commence on January 1, 2025 and shall terminate on
September 30, 2041, unless terminated as provided herein.
2. Section B of Article 2 of the Lease Agreement is amended to read as
follows:
Notwithstanding any other provision of this Agreement, if the Town determines, in
its sole discretion, that the Premises is needed for a public purpose, the Town may
terminate this Agreement, with or without cause, by providing Lessee with a
minimum of 180 days' prior written notice; provided that, if the Town or Lessee
finds a suitable temporary or permanent alternative location that as a facility can
be licensed for Lessee to operate the CEC, the Town may terminate this
Agreement, with or without cause, by providing Lessee with a minimum of 90 days'
prior written notice.
3. Except as amended herein, all other terms and conditions of the Lease
Agreement shall remain in full force and effect as written.
2
1/8/2025
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IN WITNESS WHEREOF, the Parties have executed this First Amendment as of
the Effective Date.
TOWN OF VAIL, COLORADO
________________________________
Russell Forrest, Town Manager
ATTEST:
______________________________
Stephanie Kauffman, Town Clerk
CHILDREN'S GARDEN OF
LEARNING
________________________________
STATE OF COLORADO )
)ss.
COUNTY OF ________________)
Subscribed and sworn to before me this ____ day of ______________, 2025, by
_________________ as ________________________ of Children's Garden of Learning.
My Commission expires:
_________________________________
Notary Public