HomeMy WebLinkAboutcoa.cclc.mall.lease.red onion.1987 MALL LEASE AGREEMENT )
THIS LEASE AGREEMENT made as of �.�5 at
Aspen, Pitkin County, Colorado, by and between THE CITY OF ASPEN,
COLORADO , a municipal corporation , a Lessor (herein-after
"City") , and _ �� �V1 it,VI-5 Ion , a
006-0tGYO paz#"ew-&hjPp, corporation,
as Lessee (hereinafter "Lessee") .
W I T N E S S E T H:
WHEREAS, the City of Aspen, Colorado, by its Ordinance No.
20 , Series of 1973 , established a Pedestrian Mall on those city
streets designated therein; and
WHEREAS, the City Council of the City of Aspen, and the
Aspen Commercial Core and Lodging Commission (hereinafter "CCLC" )
are desirous of leasing portions of said Mall to abutting land
owners and/or lessee ' s who wish to use such streets and sidewalks
for restaurant areas and liquor sales;
NOW, THEREFORE, in consideration of the mutual covenants,
terms and conditions contained herein, it is agreed as follows:
1. The City does hereby demise and let to Lessee approximately
� 210 square feet of the said Pedestrian Mall , being that
portion of the Mall abutting the business structure and lot area
owned and/or managed by Lessee and extending a maximum of ten
(10) feet from the edge of their building and/or lot, excluding
any encroachments. The term of this ``lease shall be 4' 21 - ( )
months, being the months of, 112.1V4 ' AVV_ Clj3Ole�-
beginning on SIdL and terminating on Rent shall be calcu-
lated at $ J-01) per square foot per month. As rent for such area
and term, Lessee hereby agrees to pay City the total sum of $
«52. , which sum shall be payable in advance on or before the
13 ' day of the month of , at the offices of the City
Finance Director, Aspen City Hall, First Floor, 130 South Galena
Street, Aspen, Colorado 81611.
If such rent payment is not paid in full when due , any
arrearage shall accrue interest payable to City at the rate of
two percent (2%) per month.
2. Lessee agrees to use such area for the sole purpose of the
sale and dispensing of food and beverages 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. , weather permitting,
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 hours it is open to the public. Lessee further agrees
to use the premises 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 coi:iply with all reasonable
recommendations by Aspen CCLC relating to the use of the leased
premises.
3 . Lessee shall remove any structures on the leased premises
promptly upon expiration of this lease. Failure to remove them
within ten (10) days of said expiration shall result in ownership
therein transferring to the City of Aspen.
4 . Lessee agrees to keep said premises in repair and free from
all litter, dirt and debris and in a clean and sanitary conditio-
n ; 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 City 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. Further, Lessee does, 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. Further, Lessee agrees to obtain general liability
coverage for the leased premises for the period of the afore-
mentioned lease and to name the City as co-insured, as its
interests may appear , and to deliver a copy of said coverage
policy to the City and to require that the policy provide for 10
days ' written notice to the City prior to cancellation thereof.
5. All construction, improvements or business fixtures on the
leases premises shall comply with the following criteria:
(a) Not be wider than the mall frontage of the
business nor extend further than a maximum of 10 feet
from the edge of the Lessee ' s building, excluding any
encroachments, while ensuring that such extension does
not impede pedestrian traffic.
(b) No portion of the Lessee ' s fixtures shall extend beyond
the boundaries of the City-leased premises ; this shall be
construed to include planters , umbrellas while closed or
open, any type of lighting fixtures, and any other fixtures
of the Lessee.
(c) No island shall be created on the leased premises;
i.e. , the fencing around the City-leased premises shall-
abut the lessee ' s building and business.
(d) The perimeters of the extension boundary shall be
angled at 45 degrees with a minimum of 4 ' (feet) length
on the diagonal (s) with the exception that if the
Lessee obtains written consent from the adjacent
businesses, a 90 degree angle will be permitted on the
side (s) for which the Lessee has obtained such written
consents.
(e) The perimeter of the City-leased premises shall be
enclosed by a black wrought-iron fence as approved by
CCLC, no less than 30" and no more than 42" in height,
with a self-closing gate or gates with a minimum of
3 ' (feet) in width.
M No service facilities, including but not limited
to, bus trays, hot plates, water dispensing equipment
and dish storage shall be located on City-leased
premises.
(g) The extension of fixtures shall otherwise be
consistent ( in the determination of the Planning
Office, Commercial Core and Lodging Commission and the
City Council) with the general design guidelines and
design criteria of the Mall .
(h) The Lessee shall allow their fixtures and perimet-
er fencing to remain in place at their own discretion
and liability and shall accept and retain full respons-
ibility and liability for any damage to such fixtures
and perimeter fencing caused by the operation of
emergency vehicles, including, but not limited to, fire
equipment , police vehicles and ambulances , in the
performance of their duties, and to hold harmless their
duly authorized operators.
(i) Neither electric nor gas lights nor electrical
conduits are allowed on the City-leased premises.
(j) No signage, including but not limited to, adverti-
sing on umbrellas , furniture,- fences , planters and
banners is allowed on City leased premises.
6 . The leased premises and improvements, additions and business
fixtures thereon shall be maintained and managed by Lessee.
7 . Lessee agrees to permit agents of the City to enter upon the
premises at any time to inspect the same and make any necessary
repairs or alternations to the sidewalks , curbs , gutters,
F
streets, utility poles, or other public facilities as the City
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 structur-
al changes to the Aspen Pedestrian Mall which may affect any
structures placed within the mall by the Lessee that Lessee, by
execution of this agreement, hereby waives any and all right to
make any claim for damages to the improvements (or to its
leasehold interest) and agrees to remove any such structures
necessary during such construction periods. City agrees to abate
all rents in the event it under takes major structural changes to
the Aspen Pedestrian Mall during the lease period.
8. 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
terms and conditions as are above described, and retains all
title thereto.
9. Lessee agrees not to sublet any portion of the leased
premises, not to assign this Lease without the prior written
consent of the City being first obtained.
10. Lessee hereby affirms that Lessee is the owner and/or lessee
of the abutting property and agrees that on sale or other
transfer of such ownership interest, Lessee will so notify the
City of the transfer in interest , and all right and interest
under this lease shall terminate.
11 . Lessee agrees to surrender and deliver up the possession of
the leased premises promptly upon the expiration of this lease,
or upon five (5) days ' written notice in the case of the termina-
tion of this lease by City by reason of a breach in any provis-
ions hereof.
12. If legal action is taken by either party hereto to enforce
any of the provisions of this lease, the prevailing party in any
legal action shall be entitled to recover from the other "party
all of its costs, including reasonable attorneys fees.
13 . 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.
14. Lessee and City agree that all correspondence concerning the
Lease shall be in writing, and either hand delivered or mailed by
first class certified mail to the following parties:
City Lessee
City of Aspen
Finance Director
130 South Galena Street
Aspen, Colorado 81611
CITY OF ASPEN, COLORADO
By
William L. Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
Pj&,#� I�QA- ,Lessee
By
(title) (date)
STATE OF COLORADO )
) ss .
County of Pitkin )
The foregoing instrument was acknowledged before me this
day of - ,198_, by William L. Stirling as
Mayor and Kathryn S. Koch as City Clerk of the City of Aspen ,
Colorado.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
Address
STATE OF COLORADO )
) ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this_
day of 198_, by
as of
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
Address