The URL can be used to link to this page

Home My WebLink Aboutcoa.cclc.mall.lease.red onion.1980 MALL LEASE AGREEMENT THIS LEASE AGREEMENT made this day of a �"--t7 , 1980, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation; as Lessor, and THE RED ONION, a Lessee, it is stipulated and agreed as follows. 1 . The City of Aspen, Colorado, did by its Ordinance No. 20 , Series of 1973, establish a Pedestrian Mall on those city streets designated therein. 2 . The City Council of the City of Aspen and the Aspen Mall Commission are desirous of leasing portions of said Mall to abutting land owners who wish to use such streets and sidewalks for restaurant areas and liquor sales. 3. Therefore , Lessor hereby does demise and let to Lessee that area of the Pedestrian Mall abutting any structure and lot area owned by Lessee and extending ten (10 ) feet therefrom. Lessee hereby agrees to pay Lessor as rent the sum off 00 .r 04,�((� — Such rental 2, shall be payable in advance for the months of .JiHitr, Jji- Yj August, and September, 1980. 4. Lessee agrees to use such area for the sole purpose of the sale and dispensing of food and alcohol to the public. Such area shall be open to the public at least seven ( 7 ) hours per day between the hours of 9 :00 A.M. and 8 : 00 P.M. , but in no event shall food and beverage service be extended beyond 10 :00 P.M. Food shall be available in the leased area during all business hours. Lessee further agrees to use the preirLises for no purpose prohibited by the laws of the United States, the State of Colorado, and ordinances of the City of Aspen. Further, Lessee agrees to comply with all recommendations by the Aspen Mall Commission which have been approved by the City Council all as provided in Ordinance No. 20 , 1973. 5. Lessee shall remove any structures on the leased premises within ten (10) days of the expiration of this lease ( or any extensions thereof) , and in any event before October 1 of each year. Failure to remove them shall result in ownership therein reverting to the City of Aspen. 6. Lessee agrees to keep said premises in repair and free from all litter, dirt and debris and in a clean and sanitary condition, to neither permit nor suffer any disorderly conduct or nuisance, whatever, about said premises which would annoy or disturb any persons occupying adjacent premises, and to neither hold nor attempt to hold the Lessor liable for any injury or damage, either proximate or remote, occurring through or caused by any alterations to said leased premises, or by any injury or accident occurring thereon; and Lessee does , further, by execution of this agreement, indemnify and agree to save harmless the City of Aspen against any and all claims for damages or personal injuries, arising from the use of the premises hereinabove described, and to provide acceptable insurance at the election of City Council. 7. All extensions shall comply with the following criteria. (a) Not be wider than the mall frontage of the business extended. ( b) No island shall be created. (c) The extension shall not extend further than ten ( 10 ) feet from the property line. (d) The perimeters of the extension boundary shall be angled at 45 degrees. (e) All service facilities , bus trays , hot plates , water dispensing equipment and dish storage shall be located indoors and not on City-leased premises. ( f) The extension shall otherwise be consistent ( in the determination of the City Council , Planning Office and Mall Commission) with the general design guidelines and design criteria of the Mall. -2- 8 . The extended premises shall be maintained and managed by Lessee. 9. This lease may be renewed at the sole option of Lessor for up to five ( 5) additional one-year terms. In the event of such renewal , rentals shall increase at the rate of 6% at the time of each such renewal. 10 . Lessee agrees to permit agents of the Lessor to enter upon the premises at any time to inspect the same and make any necessary repairs or alterations to the sidewalks , curbs, gutters , streets, utility poles, or other public facilities as the Lessor may deem necessary or proper for the safety, improvement , maintenance or preservation thereof. Lessee further agrees that if the City of Aspen shall determine to make major innovations to or constructural changes to the Aspen Pedestrian mall which may affect any structures placed within the mall by the Lessee that it, by execution of this agreement, waives any and all right to make any claim for damages to the improvements and agrees to remove any such structures necessary during such construction periods. 11. The City of aspen by this demise hereby conveys no rights or interest in the public way except the right to the uses on such terras and conditions as are above described, and retains all title thereto except as expressly granted. 12. Lessee agrees not to sublet any portion of the leased premises, nor to assign this Lease without the prior written consent of the Lessor being first obtained. ,�,eSSP e, 13. Lessee hereby affirms that she is the ^ =- of the abutting property and agrees that on sale or other transfer of R-t?tcS� such Lei-,she will so notify the Lessor and all right and interest under this lease will terminate. 14. Lessee agrees to surrender and deliver up the possession of the leased premises promptly upon the expiration of this lease,or in the case of the termination of this lease by Lessor by reason of a breach in any provisions hereof , upon five ( 5) days' written notice. -3- 15. It is further agreed that no assent , expressed or implied, to any breach of any one or more of the covenants or agreements herein shall be deemed or taken to be a waiver of any succeeding or any other breach. Executed and effective on the day above first written. CITY OF ASPEN, COLORADO, Lessor By Herh6n Ede! Mayor AT'T'EST Kathryn S. Koch City Clerk THE RED ONION Ze By 4-4 Lessee -4- t:o )and, or wcdify reu-IiI Gii,:, pr(smil-.-cs at vliich he is to 6, ousizi-2Lis or dic plants zmy-i n- ciftcat-toms 0):1, 1,,,---,-1 1 v t-;!-� i t t:-,d Fat I v, t 3 o; 3 n i n q t i,�� o r I g i i lina v-dul. C()I'--'r"tJo L I'l-I)r CCx!'3 Rf' )I.iUon NO. 182. 14, of rot,,,i Trade n3:r,) P-I-J'rcss or de cAptio-n or to do 4 1 (City 'er Z)P CrAw"t-V) 0' th"I or mcx1- LPL C.,.o to 11Y_6 tbe or ac&.L. ation locnted icc zscl' prcmiscz of ths ac mxydMcation of Cif to S igg-d CA APPIWZ*111 OF 102-IM, 111M. Th'e fora:C-I'Ivjf a, pp, -Ucatfnn I-or en?—n-ge, or modify thn, pmrd-nca or p'!-:un_; ,-rA nnn'-'Hfic.&tticn:+, 1-1s Lind ij_ cyzw-ltc.l, .,;ill rot Lx; con ti.-jr- to tho OE thn Li.- .,Dr Cc-dcj and ctal VZjuI-z',tia'trJ- Tih-n-foro, th3 O 0-11l 'En-)lication J."i h"n.ub-, a"'proved. DAted at -)f a-611wz4j 19 Wing of &W- -�ry KUM&T-Ity) a' DFTLIMMIr TT RVIUME Tim fO-rtqoin:j ap-plicatic�-' for P--MJ.szicIn to enlarge, or modify tho promi-pas licemcd or to modify til"-I Origiml pla-mu, aml cubmitted, has t*en Cx- %t 0i: Mjiticit,oil, rs specified r-LNCrmj Cnd t1la "enlarqc;z it' hC-X.0-.rj grin'l-Ito"j. DIAtr4l at this dz,,y of ,70!N 11. DIRECIOR SIt C3a1. Ef ,'-A. ...1. _l(„�.Uc1t ON/an/ 41''` -- MAI-L {i o t i 1 ' MALL F44 :171 �ii�;a'w tea) LtZ'JIf 12" �( Sr` C i r ICM —