HomeMy WebLinkAboutcclc.ag.010715 COMMERCIAL CORE & LODGING COMMISSION
REGULAR MEETING
SISTER CITIES MEETING ROOM
January 7, 2015
8:30 A.M.
8:30 I. Roll call and approval of minutes — December 17, 2014 minutes.
II. Public Comments not on the agenda (please limit your comments
to 3 minutes)
III. Mall lease criteria
IV. Market discussion
V. Adjourn
Heaters to be approved by the Fire Department
No use of City Electricity
Lighting to be approved by the Community Development Department
Maximum size per restaurant on both malls is 45 feet
Pedestrian Access across the malls
Yearly lease
Address the Parks sprinkling system
Amplified music under the decibel level—7 am to 11 pm 65
11 pmto7am60
Exact dimensions
RESTAURANT
ENCROACHMENT AND OR MALL LEASE AGREEMENT
THIS LEASE AGREEMENT made 2015, at Aspen, Pitkin County Colorado,
by and between THE CITY OF ASPEN, COLORADO, a municipal corporation, as Lessor
(hereinafter "City"), and Lessee (hereinafter "Lessee")_ Corporate name
Address of business
DBA Phone number
WITNESSETH:
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 is desirous of leasing portions of
said Mall to abutting land owners and/or lessees who wish to use such areas for restaurant
and/or liquor sales; and
WHEREAS, the Commercial Core and Lodging Commission is supportive of
promoting the use of pedestrian mall space,
NOW THEREFORE, in consideration of the mutual covenants, terms and condition's
contained herein, it is agreed as follows:
1. The City does hereby lease to Lessee approximately square feet
of the said Pedestrian Mall, being that portion of the Mall abutting the business structure
or otherwise designated herein and lot area owned and/or managed by Lessee. Encroachments
are not to be considered to be part of such building and/or lot. The term of this lease shall be
for the period of time beginning on May 17, 2015 and terminating on October 11, 2015.
Rent shall be calculated at $3.00 per square foot per month. As rent for such area and term,
Lessee hereby agrees to pay City the total sum which sum shall be
payable in advance on or before July 1, 2015 at the offices of the City Clerk, Aspen City
Hall, 130 S. Galena Street, Aspen, Colorado 81611.
If the rent payment is not paid in full when due, a penalty in the amount of ten percent
(10%) shall be assessed on the arrears and, in addition, interest on the arrears shall accrue at
the rate of two percent (2%) per month.
2. Lessee agrees to use such area for the sole purpose of selling and dispensing
food or 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 10:30 p.m. Food shall be available in the leased
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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, or ordinances of
the City of Aspen. Further, lessee agrees to comply with all reasonable recommendations by
the City of Aspen relating to the use of the leased premises.
3. Lessee shall remove any fences, furniture, planters 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 condition; to neither permit nor suffer any disorderly
conduct or nuisance whatever about said premises which would annoy or damage, either
proximate or remote, occurring through or caused by any alteration to said leased premises,
or by any injury of accident occurring thereon. Further, Lessee does, by execution of this
agreement, indemnify and agree to save harmless the City of Aspen its employees, elected
and appointed officials, against any and all claims for damages or personal injuries arising
from the use of the premises as herein above described. Further, Lessee agrees to furnish
City with certificate(s) of insurance naming the City of Aspen as an additional insured as
proof that it has secured and paid for a policy of public liability insurance covering all public
risks related to the leasing, use, occupancy, maintenance, and operation of location of the
leased premises. The insurance shall be procured from a company authorized to do business
in the State of Colorado and be satisfactory to the City. The amount of this insurance, without
co-insurance clauses, shall not be less than the maximum liability that can be imposed upon
the City of Aspen under the laws of the State of Colorado found at C.R.S. Section 24-10-101,
et seq. as amended. Lessee shall name the City as co-insured on all insurance policies and
such policies shall include a provision that written notice of any non-renewal, cancellation or
material change in a policy by the insurer shall be delivered to the City no less than ten (10)
days in advance of the effective date.
5. No portion of the Lessee's fixtures shall extend beyond the boundaries
of the City-leased premises; this shall be construed to include planters, host podiums,
umbrellas while closed or open, any type of lighting fixtures, and any other fixtures of the
Lessee. Flower pots are to be attached to the inside of the fence. Umbrellas with signage
other than business name are permitted.
6. The rules of mall lease are:
o Horizontal clear area for pedestrian travel is a minimum of 6% this clear area
will be marked by the engineering department and must be adhered to;
o If lessee uses city electricity, they will provide a plug in meter device so that
usage can be charged to the lessee
o No amplified music;
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o No structures, as defined in the City of Aspen Municipal Code, Section
"26.104.100 are permitted. Structure definition: Anything constructed,
installed or erected which requires location on the ground or is
attached/supported by something on the ground, inclusive of buildings,
signs, roads, walkways, berms, fences and/or walls greater than six feet (6)
in height".
o One menu board is permitted and must either be mounted to the outside of the
fence or the outside of the building. Allowable size for each menu board is
four square feet;
o Blinking lights are not permitted; exterior lighting must be approved by the
community development department;
o Portable wait stations, defined as areas for the storage of service items, i.e.
silverware and water pitchers, are permitted within leased premises;
o Wait stations must be taken in at night for wildlife protection;
o No food or ice to be dispensed from wait station;
o Trash receptacles are to be taken in at night;
o NO dumping of drinks;
o Do not use grass areas as ingress and egress for your leased space
o During inclement weather tents with no sides are permitted but must be
taken down at night.
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 alterations to the sidewalks, curbs,
gutters, 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 structural changes to the Aspen
Pedestrian Mall which may affect any structures placed within the mall by the Lessee that the
Lessee, by execution of this agreement, hereby waives any and all right make any claim for
damages to the improvements(or to its leasehold interest)and agrees to remove any structures
necessary during such construction periods. City agrees to rebate all rents in the event it
undertakes 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
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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 termination of this lease by City by reason of a breach in any provisions 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 cost, including reasonable attorney's 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 agrees to comply with all laws, ordinances, rules and regulations that
may pertain or apply to the leased premises and its use. In performing under the lease, Lessee
shall not discriminate against any worker, employee or job applicant, or any member of the
public because of race, color, creed, religion,ancestry,national origin, sex, age, marital status,
physical handicap, status or sexual orientation, family responsibility or political affiliation, or
otherwise commit an unfair employment practice.
15. 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 of Aspen CITY OF ASPEN, COLORADO
130 South Galena Street
Aspen, Colorado 81611 By
City Manager, Steve Barwick
Lessee
EXAMPLE: The mall lease fee for 2014 is $3:00 a square foot
Calculation:
$3.00 x 855 sq.ft. _ $$2,565. x 12 = $30,780. ./. 365 = $84.33 a day x 122 days =
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NOTICE TO VENDOR OF COMPLAINT
MALL LEASE
Date of Complaint:
Date of Alleged Infraction:
Description of Alleged Infraction:
PLEASE TAKE NOTICE THAT you are required to attend a hearing before the CCLC on the alleged
infraction that is described above on the day of 201_
IF YOU DO NOT ATTEND THE HEARING, YOUR RIGHT TO CONTINUE AS A MALL LEASE
HOLDER MAY BE TERMINATED PURSUANT TO THE TERMS OF YOUR AGREEMENT WITH THE
CITY.'
If a written complaint was provided to the CCLC, a copy is attached.
Please signify your receipt of the notice and acknowledgement of the date of hearing by signing below.
City Clerk's office
By:
Name:
Title:
Vendor Acknowledgement:
Vendor Date
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