HomeMy WebLinkAboutresolution.council.085-02 m sot mos so. 85'
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A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING A
LEASE AGREEMENT BETWEEN THE CITY OF ASPEN AND CHAMPS OF ASPEN, LLC,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON
BEHALF OF THE CITY OF ASPEN.
WHEREAS, there has been submitted to the City Council a Lease Agreement between
the City of Aspen, Colorado and Champs of Aspen, LLC, a copy of which is annexed hereto and
part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO.
Section One
That the City Council of the City of Aspen hereby approves that a Lease Agreement
between the City of Aspen, Colorado, and Champs of Aspen, LLC, regarding the Concession
Facility at Aspen Recreation Center, a copy of which is annexed hereto and incorporated herein,
and does hereby authorize the City Manager to execute said Agreement on behalf of the City of
Aspen.
Dated: __~ ., 2002.
I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and
accurate copy of ttpat res!~lution adopted by the City Council of the City of Aspen, Colorado, at a
meeting held ~ 43 ,2002.
Kathryn S. K~/~h, City'"(21~erk ' ~
Aspen Recreation Center Concession Facility
Page 1
LEASE AGREEMENT
CONCESSION FACILITY AT ASPEN RECREATION CENTER
THIS LEASE AGREEMENT is made and entered into this day of ,
2002 by and between The City of Aspen, 130 South Galena Street, Aspen, Colorado 81611
("Landlord") and Champs of Aspen, LLC whose address is ("Tenant").
WITNESSETH:
WHEREAS, Landlord is the owner of the real property and all of the improvements
thereon, known as the Aspen Recreation Center, Iselin Park, and Rotary Park located in Pitkin
County, Colorado and described on Exhibit A attached hereto and incorporated herein by this
reference; and,
WHEREAS, Landlord desires to lease a certain portion of the Aspen Recreation Center,
consisting of approximately 299 square feet of concession space (including a kitchen area), the
exclusive right to vend from carts at Iselin and Rotary parks, and vending from vending machines
as more specifically described ha Exhibit A attached hereto and incorporated herein and referred
to herein as the "premises" or the "lease premises", in accordance with the terms and conditions
contained in this Lease Agreement; and,
WHEREAS, Tenant desires to lease from Landlord the lease premises in accordance with
the terms and conditions contained in this Lease Agreement.
NOW, THEREFORE, for and in consideration of the payments to be made hereunder,
and in further consideration of the terms, conditions, covenants and mutual promises contained
herein, the parties hereto agree as follows:
1. Lease of Premises. Landlord does hereby rent to Tenant the following described
premises, subject to the covenants and conditions hereinafter contained, to wit:
(a) That portion of the Aspen Recreation Center, Pitk/n County,
Colorado, delineated and outlined in red on Exhibit A attached hereto
and incorporated herein, with a street address of 0895 Maroon Creek
Road. constituting approximately 299 square feet of concession space;
and
(b) The exclusive fight to vend upon Iselin Park and Rotary Park from
a movable cart; and
(c) Space within the Aspen Recreation Center sufficient to
accommodate a number of snack and beverage vending machines. The
Aspen Recreation Center Concession Facility
Page 2
number and location of said vending machines shall be agreed to by
Landlord in its sole discretion; and
(d) The right to place furniture in an area adjacent to the concession
space to serve customers; provided, however, that Landlord grants prior
written approval to the location of the furniture and the type and design
of the furniture.
for the term, at the rents, and upon the conditions and covenants hereinafter set forth. Taking
possession of the lease premises by Tenant shall constitute acknowledgment that such premises
are in good condition and neither the City of Aspen nor Landlord shall be required to make any
alterations thereto, unless agreed to in advance and in writing by Landlord.
2. Term.
(a) Unless sooner terminated, as provided herein, the initial term of this Lease
Agreement shall be for a period of five (5) years (the "Initial Term"). The Initial Term
shall commence at 12:00 noon on May 1, 2003, or the date that a certificate of occupancy
or temporary certificate of occupancy is issued by the Aspen/Pitkin County Building
Department, whichever date is later, and shall expire at 12:00 noon five calendar years
later. A Lease Year shall be a calendar year starting on the commencement date of the
Initial Term through 12:00 noon of the following calendar year and each calendar year
thereafter. Tenant's occupancy of the Leased Premises shatI be limited by paragraph 5,
below. If Tenant is not in default of the terms of this Agreement during the Initial Term,
Tenant shall have the fight to renew this Agreement for an additional period of five years.
Renewal discussion shall commence no later than six month~ prior to the expiration of
the Initial Term, and conclude no later than three months before the expiration of the
Initial Tenn.
Cb) The parties hereto acknowledge that Landlord currently intends to construct the
area that is the subject of this agreement with the intent that the facility shall be
operational by the beginning of the lease term. Landlord shall use its best efforts to
complete the construction of the leased premises by April 30, 2003. Landlord makes no
guarantee, however, that the leased premises shall, in fact, be completed and ready for
operation by the beginning of the projected lease term. In the event that the premises are
not ready for occupancy and operation by the beginning of the lease term, the beginning
term shall be adjusted to the actual date that the premises are ready for occupancy,
evidenced by the issuance of a certificate of occupancy by the City of Aspen Community
Development Deparunent, and the rent shall be adjusted accordingly.
(c) The parties acknowledge that Landlord has not determined whether the ice skating
portion of the Aspen Recreation Center will be completed or not. In the event that the ~ce
skating portion of the Aspen Recreation Center is not completed by April 30, 2003,
Tenant shall have the option of tertninating this Lease Agreement; provided, however,
that Tenant provides Landlord with written notice of its intention to terminate this Lease
Aspen Recreatuon Center Concession Facility
Page 3
Agreemem no later than 30 days following notice from Landlord that the ice skating
facility will not be completed by April 30, 2003.
(d) In the event that a governmental authority, including Landlord, bans the sale of
certain goods or foods from the leased premises that represent ten percent (10%) or more
of Tenant's total gross sales as defined in paragraph 3(b) above, Tenant shall have the
right to terminate this Agreement upon sixty (60) days written notice to Landlord.
3. Rent. Tenant agrees to pay Landlord a fixed minimum annual rent/, for each
Lease Year during the term of this Lease Agreement, which initial rent shall be $20.00 per square
feet of leased space per year. This minimum rental is payable in equal monthly installments due
on the first day of each calendar month during the term hereof without prior demand.
(a) In the event that this Lease Agreement is renewed following the Initial
Term in accordance with Paragraph 2(a), commencing at the start of the renewal period,
the minimum annual rental shall be adjusted upward, based upon increases (if any) in the
cost of living during (i) the preceding Initial Term (five Lease Years) for the first increase
for the first Lease Year of the renewal term, and (ii) during the preceding Lease Year for
every succeeding Lease Year after the first Lease Year of the renewal term, using the
"Price Index", all as more particularly described in Exhibit D appended and made a pan
hereof as if fully set forth herein.
(b) In addition [o the paymem of the fixed minimum annual rental as
hereinabove provided, Tenant shall pay to Landlord during each Lease Year during the
term hereof, including any renewal term, as percentage rental, a sum equal to five percent
(5%) of all gross sales made in, on or from the Leased Premises, without prior demand
therefore and without any set-off or deduction whatsoever.
i) Tenant shall pay his first installment of percentage rent on or before the
twentieth (20th) day of the calendar month immediately after the one in which the
percentage rent became effective, and thereafter it shall pay the required percent
of each month's sales by the twentieth (20th) day of the following month. Tenant
shall also submit to Landlord an itemized statement of gross sales (as defined
below) and sales tax report for the preceding month on or before the twentieth
(20th) day of each calendar month during the term of this Lease and any renewal,
extensions, or holding over hereunder.
ii) In addition, within thirty (30) days after the end of e~ch Lease
Year, Tenant shall deliver to Landlord a written statement signed by a certified
public accountant or by some other person acceptable to Landlord, setting forth
the amount of Tenant's gross sales for the preceding Lease Year. The accountant
or other person ohall certify that the gross sales have been computed in accordance
with the definition given below, and the statement shall be sufficiently detailed to
show it was in fact prepared in accordance with such definition. If the percentage
Aspen Recreation Center Concession Facility
Page 4
rent for the Lease Year is more than the total thereof actually paid by Tenant,
Tenant shall pay the balance due to Landlord within thirty (30) days o£delivery of
the annual statement.
iii) The term "gross sales" as used in this Lease Agreement shall mean
the full mount of the actual sales price of all merchandise or services sold for
cash or credit in or from the Leased Premises by the Tenant, including all sales
from vending machines and can sales. The figure for gross sales will include
deposits not refunded to customers, orders of any kind received or filled at the
Leased Premises, receipts from vending machines located upon the Leased
Premises, receipts from all sales generated from the carts referenced in paragraph
l(b), and any other receipts which the Tenant ordinarily would credit to his
business. Each credit or installment sale will be treated as a sale for the full price
in the month it is made, and there will be no deductions for uncollected accounts
or bad debts. The following items, if applicable, shall be deducted from gross
sales:
1) refunds or customer discounts included in gross
sales;
2) returns to shippers and manufacturers;
3) sales of trade fixtures or operating equipment;
4) sums received in settlement of claims of loss or
damage of merchandise;
retail sales tax recorded at the time of each sale and
expressly charged to the customer;
6) postage charged to customers; and
7) co-operative advertising revenues provided by
suppliers.
8) All property and sales taxes paid by Tenant.
iv) In operating on the Leased Premises, the Tenant agrees to issue a
serially-numbered duplicate sales slip, invoice, non-resettable cash reguster
receipt, or other record approved by Landlord, with each sale of any kind. During
the term of the Lease, Tenant shall keep accurate records of all his operations.
These records shall conform to generally accepted accounting practices, and shall
include records of gross sales and of receipts and deliveries of all merchandise.
Tenant shall keep all the documents relating to Tenant's operations for at least
thirty-six (36) months from the end of the Lease Year to which they apply. If any
audit is required, or Tenant and Landlord disagree about the rent, Tenant will keep
its records until the audit is completed or the disagreement is settled.
v) At any reasonable time, and following at least twenty-four (24)
hours notice in writing to Tenant, Landlord or Landlord's authorized
representative may audit any of Tenant's records of gross sales. If, when Landlord
Aspen Recreation Center Concession Facility
Page 5
audits the records for a Lease Year based on normal accounting procedures, it
finds that the Tenant has understated its gross sales for the Lease Year by five
percent (5%) or more, Tenant shall be required [o pay for the audit, and shall
promptly deliver to Landlord the difference Tenant owes it, plus interest on such
difference at the rate of eighteen percent (18%) per annum from the first day of
the current Lease Year to the date such difference is paid. If such audit discloses
that Tenant has understated his gross sales for that Lease Year by five percent
(5%) or more, Landlord shall be permitted to treat such event as a material default
hereunder. In this matter, the report of Landlord's accountant shall be binding and
conclusive.
(c) Landlord has agreed to certain tenant improvements for the leased
premises all as more fully described in Paragraph 4 of this Lease Agreement. The
anticipated cost of these tenant ~mprovemems is $46,717.00. Tenant shall initially pay for
these tenant improvements by reimbursing Landlord for the actual costs within 30 days of
being presented with appropriate invomes. Tenant's annual rental amounts shall be
credited by the amount of annual rental due to Landlord each year until the full amount of
the costs of tenant improvements are paid in full.
4. Equipment, Fixtures and Finishes Provided by Landlord and Tenant.
(a) Tenant represents that he has had an opportunity to review the building plans for
the Leased Premises. The parties hereto understand that Landlord and Tenant shall finish
the Leased Premises by the construction and installation of all work and materials as set
forth in the building plans for the Leased Premises. On a date.m~tually agreed to by the
parties, but no later than the start of the term of this Lease Agreement, Tenant shall be
given an opportunity to inspect the Leased Premises to assure himself that the work and
materials to be constructed or installed in the Leased Premises are satisfactory. Tenant
shall prepare a punch list of all items that require further work and shall present the punch
list to Landlord. Landlord shall take ali reasonable steps to correct or complete all items
on the punch list within a reasonable period of time. Unless an item on the punch list
shall materially affect the Tenant's intended use of the Leased Premises, the scheduled
start of the lease term shall not be postponed.
(b) The Landlord shall furnish Tenant with certain fixtures and those items of
moveable equipment (equipment that is not attached or otherwise built in to the premises)
described in the inventory appended hereto as Exhibit B. Tenant shall furnish other
fixtures and articles deemed necessary by Tenant for its use of the premises but not
enumerated in Exhibit B, at Tenant's expense. Such fixtures, equipment, and articles
shall be sold to Landlord at the end of the lease period, and extensions thereto, at
Landlord's option, for a price not to exceed the original purchase price less normal
depreciation. (Tenant shall provide to Landlord a bill of sale and schedule of useful life
for any fixtures or equipment that Landlord requests at the commencement of this Lease.)
Al1 items of equipment and fixtures set forth in Exhibit B shall be maintained in good
Aspen Recreation Center Concession Facility
Page 6
working order by Tenant, at Tenant's own cost and expense, and shall be returned to the
Landlord upon the termination of this Lease m the same condition as when accepted by
Tenant, ordinary wear and tear excepted. If the eqmpment or fixture is determined to be
fully depreciated or incapable of repair, Tenanl shall neither be required to purchase a
new p~ece of equipment or fixture nor shall the Landlord be obligated to purchase new
equipment or substitute working equipment for eqmpment that can't be repaired. Special
or time sensitive maintenance other than routine maintenance as required by warranties
covering individual pieces of equipment and fixtures shall be the responsibility of the
Landlord; provided, however, that the equipment or fixture is supplied by Landlord as
indicated on Exhibit B; and provided further, that Tenant operates the eqmpment and
fixtures in accordance with any operational manuals supplied by the equipment or fixture
manufacturer.
5. Occupancy of the Leased Premises. Tenant shall be entitled to occupy the Leased
Premises throughout the term of the lease; provided, however, that Tenant uses the premises as
set forth in Paragraph 6 below, and all other terms and conditions of this Lease Agreement. The
parties agree to meet no less than once every two weeks to discuss Tenant's performance and any
other issues relating to the terms and conditions of this Lease Agreement.
6. Permitted Uses and Required Performance Standards. The parties hereto
recognize and acknowledge that the construction of the Aspen Recreation Center, including the
Leased Premises, by Landlord was done, in parr, to create a concession facility that caters to the
customers and users of the Aspen Recreation Center, Iselin Park and Rotary Park facilities.
Tenant recognizes that a major and important consideration inducing Landlord to rent the Leased
Premises to Tenant is the operation of a high quality concession business offering food services
to the customers and users of the recreational facilities ar the Aspen Recreation Center, Iselin
Pa/r, and Rotary Park. Accordingly, Tenant agrees to the following minimum standards of
operation and uses of the Leased Premises:
Tenant shall operate the leased premises in accordance with the following schedule of hours of
operation:
June through August - Monday through Sunday between 9 am to 8pm daily.
September through October - Monday through Friday, 3 pm to 7pm daily.
November through March - Monday through Friday, 3 pm to 8 pm daily and Saturday
and Sundays, 10 am to 6 pm.
April through May - Monday through Friday, 3 pm to 7 pm daily.
In addition to the above stated minimum hours of operation, Tenant shall operate the
concession during all special events; provided, however, that Landlord notifies Tenant of
such special events m least 72 hours in advance. Special events shall include, bu! not
necessarily be limited to, ice skating shows, exhibition hockey games, or swim meets.
Aspen Recreation Center Concession Facility
Page 7
Vending machines required to be provided and operated by Tenant within the Aspen
recreation Center shall be operational at all times during the year. Vending machines
required to be provided and operated by Tenant in any exterior locations shall be required
to operate from May through October.
The parties hereto agree to review and negotiate in good faith the above stated hours of
operation ar the end of the first Lease year. In the event of an impasse in said negotiations,
Tenant agrees to abide by Landlord's decision in this regard.
Tenant may provide ontdoor food serwce from a can ro customers at Iselin Park and
Rotary Park The Landlord shall approve the design and operation of the food can(s)
before Tenant uses them. Landlord shall not allow any other vendors to vend upon Iselin
Park or Rotary Park during any times that Tenant is vending from Tenant's can(s)
provided that the Tenant is operating the cart dur/ng the minimum established and agreed
upon hours of operation. Landlord shall provide any electrical outlets required by Tenant
to vend upon the aforementioned parks.
Special Events - Tenant shall have the exclusive right to all food service in the Aspen
Recreation Center (except the area leased by the Youth Center), and surrounding parks
(Iselin and Rotary). Any groups or outings desiring food service shall negotiate with
Tenant for such service. Tenant shall be encouraged by Landlord to work with large
groups in pricing for such events. Landlord shall encourage such groups to use the
Tenants' services for such events. Tenant shall not schedule or serve any special event
that is nor authorized in advance and in writing by Landlord. User groups desiring to
have "bake sales" or other similar fundraising activities, or desiring to bring food for any
purpose within the Aspen Recreation Center shall be required to obtain the prior written
permission of Tenant. Tenant shall not unreasonably withhold its permission for such
events.
7. Prohibited Uses. Tenant will not use, occupy, or permit the Leased Premises
or any pan thereof to be used or occupied for any unlawful or illegal business, use, or purposes
deemed by Landlord to be disreputable, or hazardous, nor in such manner as to constitute a
nmsance of any kind, nor for any purpose or in any way in violation of any present or future laws,
rules, requirements, orders, directions, ordinances or regulations of the United States of America,
State of Colorado, County Pitkin, City of Aspen, or other municipal, governmental, or lawful
authority whatsoever. Tenant shall not do or permit anything to be done in or about the Leased
Premises or bring or keep anything therein which will in any way increase the rate of fire
insurance upon the Building wherein the Premises are situated. Tenant shall, at its sole cost and
expense, comply with any and all reqmrements pertaining to the Leased Premises of any
insurance company necessary for the maintenance of reasonable fire and public liability
insurance covering the Leased Premises. Tenant shall promptly comply with all laws, ordinances,
orders, and regulations affecting the Leased Premises and the cleanliness, safety, and use of the
same, including installation of additional facilities as required for the conduct and continuance of
Aspen Recreation Center Concession Facility
Page 8
Tenant's business on the Leased Premises. No auction for fire or bankruptcy sales may be
conducted on the Leased Premises without Landlord's consent.
8. Service to Patrons/No Discrimination. The service provided to patrons by Tenant
shall be rendered courteously and efficiently and within the limits for which the facility is
designed. Landlord reserves the right to prohibit the sale of any item that it deems objectionable,
and shall have the right to order the improvement of the quality of either the merchandise or the
services rendered. Landlord's right to prohibit the sale of any item shall not be unreasonably
withheld. Tenant shall not discriminate agitns~ any employee or applicant for employment
because of race, religion, color, creed, ancestry, sex, age, sexual orientation or national origin.
Tenant and Tenant's employees shall not discriminate against any person because of race,
religion, color, creed, ancestry, sex, age, sexual orientation or national origin by refusing [o
furnish such person any service or privilege offered to or enjoyed by the general public. Neither
Tenant nor Tenant's employees shall publicize the services provided hereunder in any manner
that would directly or inferentially reflect on the acceptability of the patrons of any person
because of race, religion, color, creed, ancestry, sex, age, sexual orientation or national origin.
9. Employee Uniforms. All employees of Tenant shall wear, at all times, uniforms
of a consistent appearance. Said uniforms shall be subject to the approval of Landlord.
I0. Entertainment. Live entertainment and the use or playing of televisions, stereo
systems, games, and the type and volume of music, shall be approved by Landlord before
implementation.
11 Parking. Free parking will be designated by the City 9f Aspen and provided for
the Tenant's patrons and employees. Patron and employee parking shall be consistent with the
parking provided for the City's employees and patrons.
12. Accounting. In addition to the accounting to be provided to Landlord pursuant to
paragraph 3, above, Tenant shall provide Landlord: a) with copies of the quarterly sales and
withholding tax statements it provides to the appropriate authorities, with a notation thereon by
Tenant's accountants reflecting the portion of the income reflected on those returns that is derived
from the gross sales; and, b) statements prepared by Tenant's accountants reflecting the gross
sales and sales taxes paid by Tenant for each Occupancy Period.
13. Late Charges. The Tenant hereby acknowledges that late payment by Tenant to
Landlord of rent or other sums due hereunder will cause Landlord to incur costs not
contemplated by this Lease, the exact amount of which shall be extremely difficult to ascertain.
Such costs include, bu! are not limited to, processing and accounting charges and the late
charges. Accordingly, if any bona fide installment of rent or any other sum due from Tenant
hereunder shall not be received by Landlord or Landlord's designee on or before the twentieth
(20th) day of each calendar month that a rent payment is due, then Tenant shall pay ro Landlord a
late charge of ten percent (10%) on such overdue amount. The parties hereby agree that such a
late charge will represent a fair and reasonable settlement of the cost that Landlord would incur
Aspen Recreation Center Concession Facility
Page 9
by reason of the late payment by Tenant. Acceptance of such late charges by Landlord shall m
no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent
Landlord from exercising any of the other rights and remedies granted hereunder unless the entire
amount due, plus late charge, is accepted by Landlord. In addition, any sum for which the Tenant
shall be obligated to the Landlord, which is not received on the due date thereof, shall bear
mterest at the rate often percent (10%) per annum from and after the due date until paid.
14. Personal and Real Property Taxes. Tenant shall pay, as additional rent hereunder,
all personal property taxes assessed against the personal property used by Tenant and located on
the Leased Premises. Likewise, Tenant shall be responsible for any and all sales, use,
withholding and other taxes assessed against the Leased Premises for Tenant's business operation
therein. Landlord shall pay any real estate taxes assessed upon the Leased Premises, except for
leasehold property interest taxes referenced above.
15. Fire and Casualty Insurance. The Tenant, at its own cost and expense, shall
provide and keep in full force for the benefit of the Tenant and the City and the Landlord (as
named or additional insureds) during the term hereof or any extension or renewal period,
insurance to insure the Leased Premises against fire, normal extended coverage perils, vandalism,
malicious mischief, and liability. Such insurance shall provide protection to the extent of at least
one hundred percent (100%) of the insurable replacement cost of the building containing the
Leased Premises. In connection herewith, it is acknowledged that Landlord, for ease of
administration, is carrying such insurance upon the entire Aspen Recreation Center.
Accordingly, Tenant shall pay to Landlord. Tenant's prorated share of the insurance premium
Landlord pays to insure the Leased Premises. Tenant's prorated share shall be equal to 0.0037
multiplied by the annual premmm paid by Landlord for such insurance. This premium shall be
paid to Landlord within ten (10) days of Tenant's receipt of notice of the amount due from
Landlord. Throughout the term of this Lease, the Tenant shall cant and maintain in effect
casualty ~nsurance covering its trade fixtures, equipment, furnishings, leasehold improvements
and plate glass, which ~nsurance shall protect against fire, normal extended coverage perils,
vandalism, malicious mischief, and sprinkler malfunction. Such insurance shall provide
coverage to the extent of at least one hundred percent (100%) of the insurable replacement cost
of the insured property. Both the Landlord and the Tenant waive any right of subrogation that
their respective insurers may acqmre against either of them. Both of these waivers shall
automatically terminate at such time as either party's insurer requires that an additional premium
be paid as a consequence of this waiver provision.
16. Liability Insurance. The Tenant, at its own cost and expense, shall provide and
keep in full force for the benefit of the Tenant and the Landlord (as named or additional insureds)
during the term hereof orany extension or renewal period, general public liability insurance for
claims of liability arising out of, occasioned by or resulting from an accident or other~vise in or
about the Leased Premises, for Five Hundred Thousand Dollars I$500,000.00) each occurrence
with a One Million Dollar ($1,000,000.00) general aggregate combined single limit covering
bodily injury, property damage, and personal injury. In addition, if Tenant serves, manufactures,
or distributes alcoholic beverages on the Leased Premises. Tenant shall carry liability insurance
Aspen Recreation Center Concession Facility
Page 10
for such activity with limits in the same amounts as stated above. The policy or policies of
/nsurance (or binders of insurance therefore) shall be issued by a reputable company or
companies authorized to do business in this State and shall name Landlord as an additional
insured. Tenant shall provide evidence of such insurance coverage to Landlord prior to the
commencement of the term hereof. The Tenant also agrees to and shall save, hold and keep
harmless and indemnify the Landlord from and against any and all payments, expenses, costs,
attorneys' fees and/or damage to property or injuries to persons occasioned wholly or in part by or
resulting from any acts or omissions by the Tenant or any subtenants, assignees or successors. If
for any reason as a result of Tenant's activities, use. or business, it shall be impossible to obtain
fire and other hazard insurance on the buildings and improvements on the Leased Premises, in an
amount and with msurance companies acceptable to the Landlord, the Landlord may terminate
this Lease and the term hereof, upon giving to Tenant fifteen (15) days notice ~n writing of the
Landlord's intention to do so and upon the expiration of the time provided in said notice, this
Lease and the term hereof shall terminate. If by reason of the use of the Leased Premises by the
Tenant or by character or manner in which the Tenant's business is carried on, Landlord's
insurance rates for fire and other hazards shall be increased, the Tenant shall pay, as additional
rent, the amounts by which the premiums for such insurance 'are increased. The Tenant waives
all rights of recovery against the Landlord or Landlord's agents, employees or other
representatives, for any loss, damages or injury of any nature whatsoever to property or persons
for which the Tenant is insured. Each party shall give the other party prompt notice of any claim
coming to the knowledge of any party that in any way directly or indirectly affects either party,
and both parties shall have the fight to participate in the defense of such claim to the extent, of its
interest.
17. Notice of Cancellation of Insurance Coverage. The abqve insurance policies shall
contain clauses substantially similar to the following:
(a) Notwithstanding any other provision in this policy, the insurance
afforded hereunder to the Landlord shall be primary as to any other insurance or
reinsurance covering the Landlord and such other insurance or reinsurance shall
not be required to contribute to any liability until the appropriate limit of liability
afforded hereunder is exhausted.
(b) This policy may not be canceled or changed until forty-five (45) days
after receipt by Landlord of a written notice of such cancellation or change in
coverage, as endorsed by receipt of a certified letter, unless such cancellation is a
result of nonpayment of premium due, in which case, this policy may not be
canceled until ten (10) days after receipt by Landlord of a written notice of such
cancellation, as endorsed by receipt of a certified letter.
18. Utilities and Maintenance. During the first Lease Year, Tenant shall pay $249
monthly as and for its prorated share of all charges for utilities that are not separately metered or
contracted for separately by Tenant. Those utilities covered by this pro-rated share include gas,
electricity, water, sewer, trash removal, and the cost of cleaning the common restrooms on the
Aspen Recreation Center Concession Facility
Page I I
main floor. Utilities not cove~ed by this pro-rated share amount shall include telephone, cable
televisions and any other utility or maintenance servSces used by the Tenant in or about the
Leased Premises during the term of this Lease. After the first Lease Year, the prorated share
amount shall be increased (or decreased) based upon any percentage change in the actual cost of
providing the pro-rated share of the utilities.
19. Alterations. Landlord shall deliver the building to Tenant on or before April 1,
2003 for completion of all alterations by Tenant. Tenant shall complete all alterations and be
open for business on or before May 1. 2003. For each day that Landlord fails to deliver the
building to tenant for Tenant alterations, Tenant shall have an additional day to complete the
necessary Tenant alterations and the day to open for business. The ~mprovements to be made by
Tenant are listed on Exhibit C appended hereto. No alterations, additions, or improvements shall
be made, and no fixtures shall be installed in or attached to the Leased Premises that are no~
listed on Exhibit C, without the written consent of the Landlord. Unless otherwise provided
herein, all such alterations, additions or improvements (including those listed on Exhibit C)
when made, installed in or attached to the said Leased Premises, shall belong to and become the
property of the Landlord and shall be surrendered with the Leased Premises as part thereof upon
the expiration or sooner termination of this Lease, without hindrance, molestation, or mjury.
Notwithstanding that they may have become an integral part of the Leased Premises, Landlord
may require Tenant to remove all or any pan of such alterations, additions, improvements or
fixtures at the expiration or earlier termination of this Lease, restoring the Leased Premises to the
same condition existing ar the beginning of the original term, ordinary wear and tear excepted. If
Landlord does so require, Tenant shall repair all damages resulting from such removal and
should Tenant fail to repmr damages resulting from such removal, Landlord may remove the
same or make such repairs for Tenant's account, and Tenant shall pay t9 Landlord, on demand, an
amount equal to Landlord's costs incurred in such removal or repair. All work with respect to
any permitted alterations, additions, or improvements shall be done at Tenant's sole expense in a
good and workmanlike manner, strictly in accordance with the plans and specifications approved
by Landlord. hi doing said work, other Tenants of Landlord (if any) shall not be adversely
affected nor unreasonably inconvenienced. Tenant shall, at its own expense, obtain all necessary
building or other permits or approvals required by approphate governmental authorities prior to
beginmng such work. If any mechanics' or other liens shall be created or filed against the Leased
Premises by reason of labor performed or mater/als furnished for the Tenant in the alteration.
addition or repair to any building or improvement, the Tenant shall within ten (10) days
thereafter, at the Tenant's own cost and expense, cause such lien or liens to be satisfied and
discharged of record together with any Notices of Intention that may have been filed. Failure to
do so shall entitle Landlord to resort to such remedies as are provided herein in the case of any
default of this Lease, in addition to such as are permitted by law. Any goods, inventory or other
personal property of Tenant not affixed to the Leased Premises and not removed by Tenant upon
the termination of this Lease, or upon any quitting, vacating or abandonment of the Leased
Premises by the Tenant, or upon the Tenant's eviction, shall be considered abandoned and
Landlord shall have the fight, without any notice to the Tenant, to sell or otherwise dispose of the
same, ar the expense of the Tenant, and shall not be accountable to the Tenant for any part of the
proceeds of such sale, if any.
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20. Repairs. The Tenant has examined the Leased Premises and has entered into this
Lease ~vithout any representation on the part of the Landlord as to the condition thereof, other
than as stated in this Lease Agreement. Tenant shall take good care of the Leased Premises and
shall, at the Tenant's own cost and expense, make ali repairs, including painting and decorating,
and shall maintain the Leased Premises in good condition and state of repair, and at the end or
other expiration of the term hereof, shall deliver up the Leased Premises in good order and
condition, wear and tear fi:om reasonable use thereof, and damage by the elements not resulting
from the neglect or fault of the Tenant, excepted. The Tenant shall neither encumber nor
obstruct the sidewalks, driveways, yards, entrances, hallways and stairs, but shall keep and
maintain the same in a clean condition, free from debris, trash, refuse. In case of destruction of,
or any damage to the glass in the Leased Premises, or the destruction of, or damage of any kind
whatsoever to the Leased Premises, caused by the carelessness, negligence or improper conduct
on the part of the Tenant or the Tenant's agents, employees, guests, licenses, invitees, subtenants,
assignees or successors, the Tenant shall repair the said damage or replace or restore any
destroyed parts of the Leased Premises, as speedily as possible, at the Tenant's own cost and
expense.
21. Damage to Premises. If the Leased Premises shall be so damaged by fire or other
catastrophe (which is not caused by the fault or negligence of the Tenant or imputable to the
Tenant) as to render said Leased Premises untenantable, the Tenant thereupon shall surrender the
Leased Premises to the Landlord. The Tenant shall pay rent, duly apportioned, up to the time of
such termination of this Lease. Notwithstanding the foregoing, in lieu of any termination of the
Lease, Landlord may elect, at its sole option, within thirty (30) days after the event of such
damage, to continue the Lease without regard of such damage, where?apon Landlord shall at its
expense make the Leased Premises fit for occupancy and the rent shall be abated only for the
period during which the Tenant shall be deprived of the use of said Leased Premises by reason of
such damage and the repair thereof. If said Leased Premises, without the fault of the Tenant,
shall be slightly damaged by fire or other catastrophe but not so as to render the same
untenantable for any substantial period of time, the Landlord, after receiving notice in writing of
the occurrence of the injury, shall cause the same to be repaired with reasonable promptness; and
in such event, rent shall be proportionately abated, according to the loss of use, until the Leased
Premises are substantially restored.
22. Sublease/Assignment. Tenant shall not assign, sublease, mortgage, pledge or
otherwise hypothecate or transfer all or any part of Tenant's leasehold estate hereunder, or permit
the Leased Premises or any portion thereof to be occupied by anyone without Landlord's prior
written consent in each instance, which consent shall not unreasonably be withheld. In the event
Tenant is a corporation, these provisions shall apply to any transfer, sale or other disposition,
whether voluntary or involuntary, of any stock in Tenant or to any merger, consolidation or
dissolution or any other transaction, the effect of which would be in any way to avoid or
c~rcumven~ such prohibitions. Any assigmnent or subletting contrary to the provisions of this
Paragraph shall be void and shall, at the option of the Landlord, constitute a default under the
terms of this Lease.
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23. Maintenance and Repairs. Tenant shall during the term of this Lease keep in
condition and repair equal to that which existed at the commencement of this lease the Leased
Premises and every part thereof, including without limiting the generality of the foregoing, all
plumbing fixtures, within the Leased Premises, refrigeration, electrical fixtures and lighting
fixtures, additional fixtures, interior walls, wall coverings and paint, ceilings, floors and floor
coverings, windows, doors, plate glass, awnings, and entrances. Landlord shall have
responsibility for the repair and maintenance of the building structure, roo£ foundation and
structural integrity of any additional stories above the Leased Premises, and shall, at its expense
provide major repairs and required replacement to mechanical systems situated within the Leased
Premises that were originally provided by the Landlord. Major repairs and replacements are
agreed to be those which cost more than $500.00 for each single item, and are of what the
Landlord provided initially when construction was completed on the new facility, (other
additions that need repmr which were completed by lease holder will be undertaken by the lease
holder at the lease holders sole cost and expense) and are required to provide the level of service
and serviceability thereof and there from currently existing. Absent such agreement, Landlord
shall have no obligation to execme such repmr or replacement, but in the event Landlord
determines to effectuate such repair or replacement. Landlord shall have the sole discretion to
determine the type, extent and quality of repair or replacement that shall be undertaken.
24. Signs. The Tenant shall not place nor allow to be placed any signs of any kind
whatsoever, upon, in or about the said Leased Premises or any part thereof, except of a design
and structure and in or at such places as may be indicated and consented to by the Landlord in
writing. In case the Landlord or the Landlord's agents, employees or representatives shall deem it
necessary to remove any such signs in order to paint or make any repairs, alterations or
improvements in or upon the Leased Premises, they shall be replaced at the Landlord's expense
when the said repairs, alterations or ~mprovemems shall have been completed. Any s~gns
permitted by the Landlord shall at all times conform with all municipal ordinances or other laws
and regulations applicable thereto. Exhibit F appended hereto is a list of signs and locations
showing the general location of ail signage permitted to be located by Tenant.
25. Compliance with Law. Tenant shall obtain and pay for all permits or licenses that
may be required for the operation of the Leased Premises in accordance herewith. A copy of
such permits or licenses shall be submitted to Landlord for verification of this requirement prior
to occupancy. The Tenant shall promptly comply with all laws, ordinances, rules, regulations,
reqmremems, and directives of the federal, state, and municipal govermuems or public
authorities and of all their departments, bureaus and subdivisions, applicable to and affecting the
said Leased Premises, their use and occupancy, and shall promptly comply with all orders,
regulations, reqmremems and directives of the Board of Fire Underwriters or similar authority
and of any insurance companies which have issued or are about to issue policies of insurance
covering the said Leased Premises and its contents, for the prevention of fire or other casualty,
damage or injury, all ar Tenant's own cost and expense. Tenant shall obtain and maintain during
the life of this Lease, worker's compensation insurance and employer's liability insurance for
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Tenant's employees in strict compliance with state laws. Certificates evidencing such insurance
or approved self-insurance shall be submitted to Landlord prior to occupancy.
Tenant shall not use the Leased Premises for any purposes deemed unlawful, disreputable, or
extra hazardous.
26. Quiet Eniownent. So long as the Tenant is not in default hereunder during the
term hereof or any renewal or extension hereof, the Landlord covenants that the Tenant shall
peacefully and quietly occupy and enjoy the Leased Premises subject to the terms hereof. The
Landlord warrants that it has full power and authority to execute this Lease, be bound by, and
perform all its obligations hereunder. Notwithstanding anything to the contrary contained herein,
Tenant acknowledges that Landlord's right to occupy and lease the Leased Premises to Tenant is
based upon Landlord's rights under the Master Lease. In the event Landlord loses the right to
occupy and lease the Leased Premises because of a default by Landlord or the Owner of the
building in accordance with the provisions of the Master Lease, Landlord shall have no
obligation hereunder to Tenant and this Lease shall be of no further force or effect, subject to the
City of Aspen's rights pursuant to the Master Lease.
27. Condemnation. If the land and the Leased Premises leased herein, or of which the
Leased Premises are a pan, or any portion hereof, shall be taken under eminent domain or
condemnation proceedings, or if suit or other action shall be instituted for the taking or
condemnation thereof, or if in lieu of any formal condemnation proceedings or actions, if any, the
Landlord shall grant an option to purchase and/or shall sell and convey the said Leased Premises,
or any portion thereof to the governmental or other public authority, agency, body or public
utility seeking to take said land and Leased Premises or any portion thereof, then this Lease, ar
the option of Landlord, shall terminate and the term hereof shall end as of such date as the
Landlord shall fix by notice in writing; and the Tenant shall have no ciaim or right to claim or be
entitled to any portion of any amount which may be awarded as damages or paid as the result of
such condemnation proceedings or paid as the purchase price for such option, sale or conveyance
in lieu of formal condemnation proceedings; and all rights of the Tenant to damages, if any, are
hereby assigned to the Landlord The Tenant agrees to execute and deliver any insrrumems, at
the expense of the Landlord, as may be deemed necessary or required to expedite any
condemnation proceedings or to effectuate a proper transfer of title to such governmental or other
public authority, agency, body, or public utility seeking to take or acquire the said lands and
Leased Premises or any portion thereof. The Tenant covenants and agrees to vacate said Leased
Premises, remove all the Tenant's personal property there from and deliver up peaceable
possession thereof to the Landlord or to such other party designated by the Landlord in the
aforementioned notice. Failure by the Tenant to comply with any provisions in this clause shall
subject the Tenant to such costs, expenses, damages and losses as the Landlord may incur by
reason of the Tenant's breach hereof.
28. Landlord's Lien. Tenant hereby grants to Landlord a security interest in any and
ail of Tenant's furniture, fixtures, equipment and inventory whenever acquired, their proceeds
and the proceeds of any and ali insurance policies carried thereon as and for additional security
for the faithful performance by Tenant of all of its obligations hereunder. Tenant agrees to
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execute and deliver to Landlord, upon request, such additional documents as Landlord may
require to establish and perfect such security interest including, without limitation, a financing
statement in form satisfactory to Landlord, which is to be executed and delivered by Tenant to
Landlord. The exercise by Landlord of any rights in and to such furniture, fixtures, equipment
and invemory upon default hereunder shall be governed by Article 9 of the Colorado Uniform
Commercial Code, as in effect at the time of such default, but such exercise shall not preclude
Landlord from exercising any or all other rights and remedies hereunder or as provided by law.
29. Inspection and Repair. The Tenant agrees that the Landlord and the Landlord's
agents, employees or other representatives, shall have the right to enter into and upon the Leased
Premises or any part thereof, ar all reasonable hours and upon reasonable notice, for the purpose
of examining the same or making such repairs or alterations therein as may be necessary for the
safety and preservation thereof. Nothing in this section is intended to restrict access ro the
premises by an authorized City of Aspen inspector conducted pursuant to law. including, but not
limited to Environmental Health employees conducting routine health inspections. This clause
shall not be deemed to be a covenant by the Landlord nor be construed to create an obligation on
the part of the Landlord to make such inspection or repmrs. Tenant expressly wmves and
releases any claim, demand, or cause of action it mfght have by reason of any inconvenience,
annoyance to Tenant, its guests, licensees or invitees arising from any ma/menance, alteration or
repair ro any portion of the Leased Premises, the building m which it is located or the property
upon which it is situate. Tenant grants to Landlord the right to temporarily discontinue utilities
or any of them at any such time or times as may be necessary by reason of any such maintenance
work, alteration or repair.
30. Landlord Remodel of Premises. In the event Landlord desires to remodel any
portion of the Leased Premises during the term of this lease agreement, it may do so, provided it
is solely at Landlord's expense and, provided further, that any remodel work commenced by
Landlord shall not interfere with or disrupt Tenant's business within the Leased Premises.
31. Default. If there should occur any default on the part of the Tenant in the
performance of any conditions or covenants herein contained or if, during the term hereof, the
Leased Premises or any part thereof shall be or become abandoned or deserted, vgcated or vacant,
or should the Tenant be evicted by summary proceedings or otherwise, the Landlord, in addition
ro any other remedies herein contained or as may be permitted by law, may either by force or
otherwise, without being liable for prosecution therefore or for damages, re-enter the said Leased
Premises and again possess the same with or without terminating this Lease; and as agent for the
Tenant or othe~vise, re-let the Leased Premises and receive the rents therefore and apply the
same, first ro the payment of such expenses and costs, as the Landlord may have been put in re-
entering and repossessing the same and in making such repairs and alterations, as may be
necessary; and second to the paymem of the rents due hereunder. Whether or not the Landlord
shall terminate this Lease, the Tenant shall remain liable for such rents as may be in arrears and
also the rents as may accrue subsequent to the re-entry by the Landlord, ro the extent of the
difference between the rents reserved hereunder and the rents, if any, received by the Landlord
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during the remainder of the unexpired term hereof, after deducting the aforementioned expenses,
fees, and costs; the same to be paid as such deficiencies arise and are ascertained each month. In
addition, upon any such default, or if Tenant be adjudicated a bankrupt, insolvent or placed in
receivership, or should proceedings be instituted by or against the Tenant for bankruptcy,
insolvency, receivership, agreement of composition or assignment for the benefit of creditors, or
if this Lease or the estate of the Tenant hereunder shall be u:ansferred by virtue of any court
proceedings, writ of execution or levy sale, the Landlord may, if the Landlord so elects, at any
time thereafter, terminate this Lease, upon written notice to Tenant or to any trustee, receiver, or
other person in charge of or acting as custodian of the assets or property of the Tenant. In the
event of default, except in the payment of rent or additional rent hereunder, Landlord. prior to the
exercise of any of its rights or remedies hereunder, shall give Tenant notice of such default
together with a ten (10) day right to cure should such default be in the payment of any other sums
due Landlord hereunder or a twenty (20) day right to cure should such default be in any of the
other conditions or covenants of this Lease to be performed by Tenant, unless the same by its or
their nature require immediate or earlier attention. Upon the giving of such notice, this Lease and
the term hereof shall, unless the default shall be cured during the applicable period, end on the
date fixed in such notice as if the said date were originally fixed in this Lease for the expiration
hereof; and the Landlord shall have the right to remove ail persons, goods, fixtures and chattels
therefrom, by force or otherwise, without liability for damages. No right of redemption shall be
exercised under any present or future law of the State of Colorado in case the Tenant shall be
dispossessed for any cause or if the Landlord shall, in any other manner, obtain possession of the
Leased Premises in consequence of the violation of any of the covenants and agreements of the
Tenant. The Landlord shall have a lien paramount to all others on every right and interest of the
Tenant in and to this Lease, and on any furnishings, equipmem, fixtures, or other personal
property of any kind belonBng to the Tenant, or the equity of the Tenant therein, on the leased
property. Such lien is granted for the purpose of securing the payment of rents, taxes,
assessments, insurance charges, liens, penalties and damages herein covenanted to be paid by the
Tenant and for the purpose of securing the performance of all of the Tenant's obligations under
this Lease. Such lien shall be in addition to all rights of the Landlord given under statutes of this
State, which are now or shall hereinafter be in effect.
32. Attorneys' Fees. In the event of any litigation or other action or proceeding
between the parties hereto arising out of the performance or non-performance of this Lease, or
enforcement of any rights or remedies hereunder, including any indemnities herein contained, the
prevailing parry shall be entitled in such litigation, action or proceeding to also recover as parr of
any judgment, award or other relief, its reasonable attorneys~ fees and costs incurred.
33. Delays. Whenever a period of time is provided in this Lease for either Landlord
or Tenant to do or perform any act or thing, neither Landlord nor Tenant shall be liable or
responsible for performing any obligation hereunder as a result of any unavoidable delay due to
strikes, lockouts, casualties, acts of God, or other goverrm~ental regulations or control or other
causes beyond such party's reasonable control, and the time for performance specified herein
shall be extended for a period of time corresponding to such delay.
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34. Mortgage Priority. This Lease shall not be a lien against the Leased Premises with
respect to any mortgages or trust deeds now or hereafter placed upon the Leased Premises or the
building. The recordin~ of such mortgage or mortgages shall have preference and precedence
and be superior and prior in lien to this Lease, irrespective of the date of recording and the
Tenant agrees to execute any insumments, without costs, which may be deemed necessary or
desirable, To further effect the subordination of this Lease to any such mortgage or mortgages.
Tenant shall, upon request, execute any estoppel certificates or attornment agreements that may
be required by the holder of any mortgage or trust deed now or hereafter placed upon the Leased
Premises or the building or by the Owner of the building in which the Leased Premises are
located. A refusal by the Tenant [o execme any such instruments shall entitle the Landlord to at
once terminate this Lease. Tenant agrees not to record or file this Lease in the real estate records
affecting the building in which the Leased Premises is located. Any such recording m violation
hereof shall be considered a slander of Landlord's title and a breach of this entire Lease. This
covenant shall survive the expiration or earlier termination of this Lease.
35. Holdin~ Over. This Lease shall expire of its own accord without notice at the end
of the term or earlier, as herein specified. If, after the expiration of this Lease, Tenant remains in
possession of the Leased Premises with the Landlord's consem, such holding over shall be a
tenancy-at-will at a rental equal to 125% of the last monthly rental provided in this Lease, and
otherwise subject to all the obligations and conditions of this Lease.
36. Cumulative Remedies. The various rights, remedies, options and elections of the
Landlord expressed herein are cumulative and the failure of the Landlord To enforce strict
performance by the Tenant of the conditions and covenants of this Lease or to exercise any
election or option or to resort or have recourse to any remedy herein conferred or the acceptance
by the Landlord of any installment of rent after any breach by the Tenant, in any one or more
instances, shall not be construed or deemed to be a waiver or a relinquishment for the future by
the Landlord of any such conditions and covenants, options, elections or remedies, but the same
shall continue in full force and effect.
37. Cleanliness: Waste and Nuisance. Tenant shall keep the Leased Premises at all
times in a neat, clean and sanitary condition, shall neither commit nor permit any waste or
nuisance thereon. Tenant shall store all trash in the containers provided for that purpose.
38. Brokers. Each parry represents to the other that it has had no dealings with any
real estate broker or agent in connection with the negotiation of this Lease.
39. Waiver. No waiver by Landlord or Tenant of any provision of this Lease shall be
effective unless in writing nor shall such waiver be deemed a waiver of any other provision
hereof, nor of any subsequent breach by Tenant of the same or of any other provision.
40. Surrender of Premises. At the end of the lease period of possession of the Leased
Premises by Tenant, as well as ar the termination of this Lease, Tenant shall surrender the Leased
Premises to Landlord in good condition and repmr, excepting for reasonable wear and tear and
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acts of God. Tenant shall have the right at the end of the term hereof to. and upon demand by
Landlord Tenant shall, remove any eqmpmem, furniture, trade fixtures not affixed to the realty,
and other personal property placed in the Leased Premises by Tenant and Tenant shall promptly
repair any damage to the Leased Premises caused by such removal.
41. Govemin~ Law. This Lease shall be construed and enforced in accordance with
the laws of the State of Colorado. In the event of any litigation arising out of this Lease,
jurisdiction and venue shall rest with any court of competent jurisdiction in Pitkin County.
42. Time of Essence. Time is of the essence with respect to the performance of every
provision of this Lease in which the time of performance is a factor.
43. Severabilit¥. The terms, conditions, covenants, and provisions of this Lease shall
be deemed to be severable. If any clause or provision herein contained shall be adjudged to be
invalid or unenfomeable by a court of competent jurisdiction or by operation of any applicable
law, it shall not affect the validity of any other clause or provision herein, but such other clauses
or provisions shall'remain ~n full force and effect.
44. Notices. All notices required under the terms of this Lease shall be given in
person or by mailing such notices by certified or registered mail. return receipt requested, to the
address of the parry as shown at the begirmmg of this Lease, or to such other address as may be
designated in wr/ting, which notice of change of address shall be given in the same manner. If
no~ sooner received, any notice given by mail shall conclusively be deemed received three (3)
days after the date of certification or registration.
45. Entire Lease. This Lease contains the entire contract between the parties and there
are no other agreements, understandings, representations, or warranties except as expressly set
forth herein. No additions, changes or modifications, renewals or extensions hereof shall be
binding unless reduced to writing and signed by the Landlord and tenant. To the extenl possible,
this Lease shall be construed vis-a-vis the Landlord and Tenant without reference m the Master
Lease. However, in the event the rights of Landlord and Tenant hereunder are directly affected
by and in conflict with provisions of the Master Lease, such that to adhere to the terms of this
Lease would result in a default by Landlord under the Master Lease, the Master Lease provision
shall control.
46. References_. In all references herein m any parties, persons, entities or
corporations, the use of any particular gender or the plural or singular number is intended to
include the appropriate gender or number as the text of the within Lease may require.
47. Tenant is an Independent Contractor. This Lease is not a contract of
employment. No relationship of employer and employee, joint venture or partnership, exists
between Landlord and Tenant or between the Landlord and any employee or agent of the
Landlord. Tenant shall ar all times be deemed to be an independent contractor. Tenant is not
authorized to bind Landlord to any agreements or obligations. The term Landlord when used in
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this Lease shall mean and include the Executive Director of the Landlord and any other agent or
employee of the Landlord designated by the Director with the responsibility of enforcing any of
the terms of this Lease.
48. Binding Effect. All the terms, covenants, and conditions herein contained shall be
for and shall inure to the benefit of and shall bind the respective parties hereto, and their heirs,
executors, administrators, personal or legal representatives, successors and assigns respectively.
49. Guaranty. In the event Tenant hereunder ~s a corporation, this Lease and the
performance of ali the payments, obligations, conditions and covenants contained herein shall be
personally guaranteed by the shareholders of Tenant by execution of a gnaranry of lease in a form
provided by Landlord.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and
year above first written.
TENANT:
Champs of Aspen, LLC
By:
Title:
LANDLORD:
THE CITY OF ASPEN
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
CYoT-n P. Worcester, Esq., Steve ar~vmk
City Attorney City Manager
List of Exhibits Appended to Lease Agreement
A - Description of Leased Premises (including legal description of ARC property and sketch of
leased premises)
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Page 20
B - Inventory of Equipment and Fixtures to be Provided by Landlord.
C - List of Improvements and Fixtures to be Made or Provided by Tenant.
D - Calculation of Cost of Living Increases.
E - Sample Menu for Summer Season
F - Signage
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EXItlBIT D
COST OF LIVING INCREASE CALCULATION
a) "Price Index" shall mean the Consumer Price Index All Urban
Consumers (CPI-U) - U.S. City Average - All Items, or a successor or substitute index published
or authorized by the United States Department of Labor, Bureau of Labor Statistics.
b) The following formula shall be used for determining the adjustment, if
any, in the fixed minimum annual rent:
"Price Index" for the fn:st month
Current Index Number = of next Le~e Year
Base Index Number "Price Index for first month of
of preceding Lease Year
c) As promptly as practicable after the commencement of the first adjustment
year, and thereafter as promptly as practicable after the first day of each succeeding adjustment
year, Landlord shall compute the increase, if any, tn the cost of living for the year immediately
preceding said adjustment year. Such computation shall be made by use of current and base index
numbers provided for each adjustment year as set forth in Paragraph c) above.
d) In computing increases for each adjustment year the current index number
shall be divided by the base index number. From the quotient thereof, there shall be subtracted
the integer 1 and any resulting positive number shall be deemed to be the percentage of increase
of cost of living.
e) The percentage of increase in the cost of living shall be multiplied by the
minimum annual rental including increases for the year preceding the adjustment year for which
the increase is being computed.
The Landlord shall, within a reasonable time after obtaining the
appropriate data necessary for computing such increases, give the Tenant notice of any increase
so determined, and the Landlord's computation thereof shall be conclusive and binding but shall
not preclude any adjustment of the index figures upon which the computation was based and
Tenant shall, within sixty (60) days after receiving such notice, notify Landlord of any claimed
error therein; provided, however, nothing herein shall be construed to extend the time when
rents, as determined by Landlord, are due and payable by Tenant.
g) Minimum annual rent for each adjustment year, together with increases
calculated in accordance with Paragraphs b) through f) of this Section 11, shall be due and
payable to Landlord in equal monthly installments due on the first day of each calendar month of
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Page 22
each adjustment year (retroactive payments then due being payable within thirty (30) days after
g~ving notice thereo£by Landlord to Tenant).
h) If publication of the pertinent Consumer Price Index shall be discontinued.
the parties hereto shall thereafter accept comparable statistics on the cost of living for the average
of all U.S. cities, all items, as the same shall be computed and published by an agency of the
United Stares or by a responsible financial periodical of recognized authority then to be selected
by the parties hereto. In the event of (1) use of comparable statistics in place of the Consumer
Price Index as above mentioned, or (2) publication of the Index figures at other than bi-monthly
intervals, there shall be made in the method of computation above provided revismns as the
circumstances may require to carry out the intent of this Article.
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GUARANTY OF LEASE
FOR VALUE RECEIVED, and in consideration for, and as an inducement ro the
aforesaid Landlord to make the foregoing Lease with Champs pf As[an, LLC, as Tenant, the
undersigned Stanley Hoffoerger unconditionally guarantees the full performance and observance
of all the covenants, conditions, and agreements therein provided to be performed and observed
by Tenant, and expressly agrees that the validity of this agreement and the obligations of the
guarantors hereunder shall in no wise be terminated, affected or impaired by reason of the
assertion by Landlord against Tenant of any of the fights or remedies reserved to Landlord
pursuant ro the provisions of the within Lease or by the relief of Tenant from any of Tenant's
obligations under the Lease by operation of law or otherwise (including, but without limitation,
the rejection of the Lease in connection with proceedings under the bankruptcy laws now or
hereafter enacted); the undersigned hereby waiving ail suretyship defenses.
The undersigned further covenants and agrees that this guaranty shall remain and
continue in full force and effect as to any renewal, modification, or extension of this Lease. The
undersigned further agrees that his liability under this guaranty shall be primary, and that in any
fight of action which shall accrue to landlord under the Lease, landlord may, at Landlord's option,
proceed against the undersigned and Tenant, jointly or severally, and may proceed against the
undersigned without having commenced any action against or having obtained any judgment
against Tenant.
It is agreed that the failure of Landlord to insist in any one or more instances upon a strict
performance or observance of any of the terms, provisions or covenants of the foregoing Lease or
to exercise any fight therein contained shall not be construed or deemed to be a waiver or
relinquishment for the future of such term, provisaon, covenant or right, but the same shall
continue and remain in full force and effect. Receipt by Landlord of rent with knowledge of the
breach of any provision of the foregoing Lease shall not be deemed a waiver of such breach.
Except as may be otherwise specifically provided in the Lease subletting, assignment, or
other transfer of the within Lease, or any interest therein, shall not operate to extinguish or
diminish the liability of the undersigned guarantors under this guaranty; and wherever reference
is made to the liability of Tenant named in the within Lease, such reference shall be deemed
like,vise to refer to the undersigned guarantors.
It is further agreed that all of the terms and provisions hereof shall inure to the benefit of
the respective heirs, personal representatives, successors and assigns of Landlord, and shall be
binding upon the heirs and assigns of the undersigned.
Aspen Recreation Center Concession Facility
Page 24
IN WITNESS WHEREOF, the undersigned guarantor has caused this guaranty to be
executed effective as of the ,/~a~.-day of Se. lo~ ~a,.(r. ,2002.
JPW-O9/18/2OO2-O:\john\word~agrkarc-concession-9-18-O2.doc
Iselin Pool & Ice Center~/ Worksheet for Changes
Job No 1562 ~ ~. ,.R.,...E,~ ~Servery Changes Revised
Materials
Item QTY Unit Price Total Summary
McKinney $, ~34.00 Sub Tota, Costs I$ 44'218'75I
$ -. Agencies* $ 809.20
$ IFee (3.75% $ 1 688.55
$
$ Total COR $ 46,717
Total $ 534.00
Shaw Labor HRS Rate Total Submiffed by:
Project Manager 9 105.00 $ 945.00 CONTRACTOR: SHAW CONSTRUCTION LLC
IP. Superintendent 15 94.50 $ 1,417.50
&. Super 68.25 $ By:
P. Clerk 42.00 $ Date
Labor 5 29.05 $ 145.25
rTotal $ 2,507.75
Subcontractors T~tal
[B&B $ 27,595.00
Bacon $ 2,858.00
Colo. Plumbing $ 5,850.00
Bell Painting (est) $ 600.00
&llstate (estimate) $ 824.00 ~*Approvea CORs will be followed up with an AIA
Total $ 37,727.00 Change Order submitted by SHAW.
Other/Misc. OTY Unit Price Total
Touchup Fireproofing i $ 300.00 co LoOt ~,~
Douglass (est.) $ 1,200.00 co# ;~2 , ~ ~ ~:~';,~ ~?~,.,'..~
Wood Soffit (est.) $ 750.00 Bulletin~
Steel (est.) $ 1,200.00 ASI~
Total ~' 3,450.00
.41% Warranty Reserve 1.06% Surety Bond
.36 % Llabili~ Insurance
Does not include flooring, wood wrap at beams, concrete staining, changes to windows.
or modifications to existing building components not shown on Architect's [the one that di,~
the servery} plans.
Aisc does not include security gate.
Re: Room 209
The cos~ based on drawin!gs for Bulletin #066 shall be $4,850.00.
If you have any questions or further needs please coniac~ me at the C.P.S.I. o~ces.
Respectfully,
Bob Sfatlcr
Colorado Plumbing Service.
P.O. BOX 13t5 ...................
215 N, 12th STREET
q,3E .e~ r/!P& k.[, .~.~.!,6.22 .............................................................
Telephone 97G963-~354 Fax 970-965-8561
AUGUST 7, 2002
TO: SHAW CONST,
Fax # 1-970-925-6933
REF: ISELIN POOL iCE CENTER
Our Job # 328
ATT: Warren Burke
B.!.[LLETIN # 066 Revision
BULLETIN Ct 066 Revision DATED: 7/30102
RE: ASI BY OWNER BULLETIN #066 REVISION.
DELETE PARTITION AS SHOWN ON SHEET A2.2.1-ROOM 209 DATED
3/'30/01.
ADD PARTITION AS SHOWN ON SHEET A2.1 DATED 7/10/(1'2 -
THUNDERBOWL DELI & CAFE PREP ROOM.
ALONG ROOM 209 CONTINUE SOFFIT TO MATCH BLDG/NTERIOR
TRIM AS SHOWN ON A.2.2.
ADD GWB CEILING @ 9'-0" AFF. COORDINATE AND LAYOUT FOR 14
LIGHTS AND 4 AIR GRILLS.
BLDG BEAM ENCLOSURE - 2 1/2" C STUD AND GATE TRACK ALL AS
SHOWN ON A5.1 DATED 7126/02,
ADDITIONAL COS'I' ................................................ $2,858.00
Al:grtSt I5. 2002
Attn- Eric Marqucz
Isc] h~ Pool and Ice Canter
gull~lin/t066 Rcvisien - Final Expanded Scmcry Room
Enclosed i~ Chaago Ord~r Proposal No. ~l~ . ~i~ is an Add to thc
Co~[razt for $ 27,595.00.
This Change Order Pmpoaal i~ for tho lhllnm~g item~:
· Bulletin d066 Revision Final-Expanded S,rve~Room. As per layout
shown with 200 amp 3 phas, rem md panel,
Ail Fixfures Fr~tshed by other.
· Exchrdcs c,t~. co~cs, patchh~g.
Plante ~t~c a fbrmaI Change Order to the Contract for this amount.
'B~:mk yo, For your attc~llto~L
ginccmly.
It&B Elcc/ric. [nc,
l leather Itoard
[.'rojcct ('oordh~ator
B B Electric, Inc,
Breakout ~hee!
Shaw Collstr~,~ctio~
Bulletin ~066 Revision -'Fina~ Expanoed Se~ery
MATERIAL
~x ~ Exempt
~BOR 340 hou~ ~ ~ 40.~ ~r Hr, ~ ~3.600.00
FOREMAN 3~ hours ~ t ~.0O perHr ~ 1~486,00
SUBTOT~ $ .... 23~286.1.7
SUI~CONTRACTORS
S~te SUpFPM hours ~ $ .SO,O0 perHr
RENTAL
FOREMAN ~ RUCK Foreman Hours X $7.00 ~ 238?0
SUBTOTAL ~ 23 ~55,~ 3
OVERHEAD ~.~ S 2, 365.51
SUBTOTAL $ 26,020.64
PROFFI' 5~ $ 1,301.03
SUBTOTAL ~ 27,321,6~
[90ND FEE 3~
TOTAL
Gtl
..... ~ .~, . ~ ,
~2.4'~ 1G S5 ~W~T~I P~ATE 6.00 $~.4D C ~.~2 5.~ C
~A,,~01 ~ ~,~ DUPL ~ECP P[A~ 5,~ $69.60 C $3,48 6.00 O
C~(euory: Cost Co~: ~;scJSa~ S~1~
7,~5 20A ~N~ CB ~ ~50V 5~0 S.00 O $,00 1,oo E 8.o0
8,012 ~A 2F~V q F'H 1 NF SW 0.oo $.OO O S~ .~ E
Te~ls for C~t
~.~ ff.64
C~t~o~: C~t Code ~ Lugs~e~inatlo~round
3.501 ~ M~R TERM KIT 3.00 ~,~ ~ $.~O ~ E ~,~
3.623 ~2 GA 1 ERMINATION 18.00 $,00 X $.00 .0S E 1
3.627 4 GA rERMINA~ON 3.~ S O0 X $.00 .19 E 57
3.634 4~ TgRMINATION 6,~ $.00 X $,00 ,~ E 3,~
~,652 20A ~RE TERMINATION 24,00' $.00 X $.~ ,00 E
3,eG7 RZSA CIRCUIT ~RM 1~0 1,0O X ~.OO .47 E
3.G~2 GROU~ SCREW/WIRE 12,00 S,oo E $,00 .OO E .72
3.696 SCOTCH TAPE ~o s2 o3 E &20 .~ E .08
3.705 ~EP WIRE NUT 18.0D ~a,]2 C 51.~0 .~ C ~0
3,706 GRAYWIR~NU~ 24 0O $13.1s C $316 1.11 C
3.12~ 4~ tUG ON~ HOLE CMPR 6,00 ~51.83 O $1~,11 .5~ E 3.~
T~I~ for C~L
Cai~oq: Co~t C~de =PanelslLoad~nlws
~ O0 2.~
36 12 TH}iN CU SOUO 2,047.50 ~3.41 M $129 83 4.00 M B. t9
37 I0 THHN CUC got ID 96 00 $98.16 M $9,42 6.00 M
41 I~TiIHN CU STI~ND~D 7200 S73.14 M ~ 27 4.00 M
42 101HHNCUgTI~NDED 7,6~.40 $112.~7 M $B62.1~ fi. e0 M 38,26
$1,~0.70 47.22
;alogery: Co~t Code = Fee~er
45 ~IIliNCUSTRAN~ED 12.00 $47004 M $5,~ 800 M ,10
~ ~I~TJ.IHN CLI~TRANDED 1.3~0.0O S2,172.26 M ~,g32.66 ~.00 M 29.70
ol~l~ [or C~r Code
Lbr
14,~0 ~Ot? JOUrNeYMAN ~.~O S,~ Q $.00 1.00 E ~.~
To~Js far C~t cod~
CMto~.' Co~ Ce~ = Branch Rough ~'~ ~'~
701 ~4~M[ 1.~2.00 $37~1 C ~G79.75 3.00 C ~.~6
7~ I~[..MrC~ND/S ~.00 $23.46 C $15.25 4.00 C
735 ~ ~MT ~)NN ~iS 182.20 $38.10 C $89.42 6.00 G
830 1~ [~ C~P D/S 68,~ $24.~ C S15.~ 3,00 c
~1 ~4 g~MT COUP D/S 182.20 ~0.98 C S74.67 3.50 C
3.~95 1~ FLEX ~ la,~ 113E00 C ~24.~ ~.0~ C ~6
3.~6 3/4 FLEX~ 24.00 $1932~ C $46.37 3,OD C .72
3.410 IF2 F[~X ~ CONN G.O0 $155.57 O Sg.33 ~00 C
3,41~ ~4 FLEX~CONN O.00 $227.M C $16.21 9,00 C
3,45fl I~f~EX~0BCONN ~.00 $2~.49 C $15.03 I0.00 C .G0
3.459 ~4 FLEX ~ 9~ CONN 8.~0 S370.44 C $2g,~ 11.00 C
12,7511 4~ ~X 1-1~" DEEP 23.~ Z105.~ C S24 5g '10.00 C 2.30
12.7~I ~tS 50 MUD ~INO 11~"DP G.00 ~58,97 C ~3,54 5.~ C .30
IT. TO2 4/~ S~ MUD RING ~8"OP ~.~ $6~ C ~3 13 5.00 C .25
o(a15 for Cost
787 2 ['~.~ CONN S/S 2.00 ~01.C3 C $8.0~ 12.00 O
~59 2 L'M7 COL/P S/~ 7~.00 ~27.24 C $324,70 9.00 C 6.B4
3.aba ~ 114 ~'[ EX ~ 3.00 ~.80 C $12.71 4.00 C
3.413 ~ 1/4 r:[ EX~ CONN 1.00 ~.SB C $7.40 12.~ C
3,481 1 1/4 FLEX WP ~ CONN 1,0D $I.3~.71 C ~13.58 ~5,00 C
T~al~ for Cost Code
..... ~7~ ~ - ..... ~-~
2.231 ~10 X 1 Ir2 ~CREw 24 oD S7.20 C ~1.73 O0 X
2 237 ~4}' X 3' I. AG DOLT 4.00 $ f9.80 C S 7~ 04 ~ .
2.~ 3A~"A~ [ THREAD 60.00 $g2.G3 C ~55,5a ' 50 C .90
2.307 BOX ~UPPORT~ CUP ON 1 f.O0 $45.9g C $5 06 3.00 c .33 cn
Z.415 1 ~ KI~DORF B~ 60.00 ~532.Z5 C $319.35 5.~0 C 3.00
) %008 1/2 ~MT I HOLE STP ~.00 511.63 C $758 3.00 C 1.D6
Ul~'~:e6:~pM"~o~lckSyslemsfnc, Page: 2of4
U~/'3~/~Be2 Z2:37' '"'~.9785~256':J33 ~ ISELIN 15G2 P~,
cc;
~onnl ~ull~ T~mi~l
~nllefin ~ ~6 R~sion
Date: ~.]y 30, 2002
~: A~ by ~- Roqu~t for ~po~
D~VE: . -- ~oc~ Wkh Work
Cons~mcflo~ Tc~m.M~mb~:
~:c followi~ documents Ia~ ~a r~o~mIR~ to y~ For m~om~on ~ ~e work. ~ould yo~
~il~r~ bc ;~ea~ ~ ~a do~n~, p[~c fo~d yo~ d~m~ ~o~o~ ~h campt~
broadax, r~r~ the ~ovc B~]~ N~r i~ s~ordan~ ~b ~ foUo~ s~clsl
tfsrty by:
Da~ ~ponte Due: 05/07/0Z
PLEA3E NO'~; ~ requed ~r ad~on~ co~ is not ~ved ~ ~c ~o~ d~c~ pa~t ~1 n~
~n~idca~d. Scc Subcon~a~ ~d ~d Co.ions.
' -- .......... 1 '
~ .. . ~9.... ~r~ ~ .,
J t'~.~ Bxp~d~ S~ ~am ~t~cd ~ , ..J.
' '1 -- P~e~ ' ' ' X
~ 1~ ' ., . , ~" --
N~ W~}~ ~U~k : X .......
plea~o r~11 ~,i,.h quv;ti~. ~ you By: ~en ~c
S~W ~on~n
2700 N. FREEWAY
PUEBLO ~81~3 ~ =
1~21~7614
QUOTA~ON
~r~H~am Barnum ~d~ ~te: ~-24-02 Bid Da~;
Shaw CoheSion
A~n: Warren Burke - CC: ~ic Marqu~z
Fax: 970-925-2222, 970-241-5618
Bulletin 086C
Acid new doof'at food service equJpmen[.
3070 hollow metal knock down d~-w,~ll frame Lot Pdc~ $ 89.00
New hard,re set, bu~. I~ kick ~top Lo~ Pd~e $185.00
3070 p~finish~ wood door Lot'Price ~ 280.00
T~I $ 534,00
Chan.aes for this bulletin must be acc=pted PRIOR to start of VT fabr cation or,. ..
pri~e is subject to review.
Provide door #_
mmm~ Accepted Dy: Date:
SALES TAX INCLUDED I~ALE9 TAX NOTINCLUDED - ~wen L McKinney
Ma~rial Fumlshed Only
-- Landlord's Fixture, Equipment and Finishes List Sec 4- Exhibit B
Demising wails (except for opening as shown on Ted Guy Assoc drawing
dtd 6-14-02 Sheet 1
200 amp electrical service panel live as shown on Ted Guy Assoc drawing
dtd 6-14-02 Sheet 1 and circuks installed in accordance with the Utilities
Rough In Plan and accompanying no~es from the Katz Company
dtd 7-24-02
2" wide corrugated metal roof constructed as shown on Ted GUy Assoc drawing~s
dtd 6-14-02 Sheets 1 and 2
3 floor sinks as quoted in letter from Colorado Plumbing Service dtd 6-7-02.
Low profile ~ease imercepmr as quoted in letter from Colorado Plumbing
Service dtd 4-24-02
GWB drop ceiling laid out for 14 light fixtures and 4 ventilation grills
ASPEN RECREATION CENTER
SNACK'BAR
Aspen, CO
Food Service EquiPment
Specifications
KATZ COMPANY & CONTRACT PURCHASING, LLC
Planning, Design, Project Management, Purchasing and Installation Services
for Restaurants~ C/ubs and Hotels
237 Holland Thompson Drive
Carbondale, CO 81623
970-704-9068 Fax: 970-704-9731 E-Mail: katz@sopris.net
S~p-lO-02 Ol:04P kmtz 9707049731 P~02
U~LITIE$ ROUGH-IN PLAN
SNACK BAR
-. ASPEN RECREATION CENTER
G F, NERAL NOTES
Rough-i~ dimensions are fi'om it',ce of finished surface to centerllne of rouen-in.
Plumbin~ Contractor To provide valve stop for each connectic~n.
2 Floor drams and floor sinks are to be .set ltlush with finished fi{mr.
5 Fire control gas valve for cooking equipment ~s provided by hm~d fire protection
contractor and installed r~y plumbing tx~.ntractor.
4 Plumbi ng contractor to provide all indirect dr~n lines ti'om mm~l>menl to floor drain
or floor sink as required. Drah~ lines to be run tight to rear and sides of cabinetry
mininfize obstruction re working areas. Brain lines must be located and securcxl in
accordance wilh local Health Dept. requirements. Pene.traldons in cqmpntcnt and
millwork to be made by equipment installer and millwork contractor.
5 All penctramms in mol. walls, floor and ceilings shall ['/e made and patched by the
Genera Contractor.
6 General Contractor to provide wall blocking where noted on elevations as dashed
box wi;h "X" in ccmer. Blocking to he conti~mous 3/4 pl>xvood from 36" to 84"
AFF.
S~p-lO-O~ Ol:05P katz g707049731 P.04
REFERENCE NOTES
1 Remote refrigeration system ~s provided and installed by lbodsciw'i~¢ cquipmcm
"'" supplier. Thc mechanical cl!gin¢cr is responsible for providing proper ventilation for
this equipment. Architect is responsible tbr providing adequate space and oropcr
structural sllppol-t for this equipment. Refrigeration sub-eomractor will coordinate
thc'sc requirements with the architect. Verify utilities reqmrements prior to
2 Provide 120/I. 20A duplex rec~t,~les lbr misc. counter equipment. Merest at +48"
unless noted otherwise.
3 See shop ~!rawing for exact Iocalio~l of rough-ill and I}nai conneot. Mulliplc
connections may he required.
4 Point &Sale {POS) Register, Provide isolated, grounded, dedic,'~ted circuit
( 120/I, 20A). See Wiring diagram provided by vendor ibr concluit and/or other
wiring requiremems.
5 Provide 6" diameter electrical PVC between point shown on plan. Run should have
mmimmn bends. All bonds re bc 90 degree sweep. Penetra[e floors 6" above
finished grade. Seal vcmdui! to prevent, contamination and water infiltration.
6 General Contractor to coordi~mte slmetural requirements for hanging ot'exhat,st
hoods and odter ceiling/roof momned ceuipmeat.
7 Power for condenser, coil and li.~hla. E.C. responsible for ¢om~ecrh~g to conuenser,
coil, emmeeting to light switch (provided with walk-in), ¢ondail and wiring to light
fixture.
8 Water conditmmng/filtration syslem provided by owner. All cold water tbr s~acc
pmqs through s~em. hlslallation by plumbing contractor. Provide wdved by-pass
for ..qystem service,
9 Ex hatl..~ Hood. Provide power and switching for prcwired ]ighls and fan. Sec shop
drawing tbr wiring and duct routing reql~ircnlcrlts.
10 Owner provided equipment. Verify utilities requircmems prior to rough-in.
Sop-lO-02 01:05P katz 970704973!
CONNECTIONTYPES
I Direct to thacct
o Direct m connection on equipment, Provide 48" braidec flex connection where
"-' equipmem is moveable or on casters,
3 Direct waste
4 Indirect waste to lloor draJrgfloor ~[nk
5 Quick discount-ct provided by others, h~stalladtm by Plumhin~ or Electrical
Contractor.
6 OPEN
? Providc receptacle. VcriI) NEMA cOnhguratitm
8 Cord and Plug provided with equipment.
9 Provide cord and plug as required.
10 h-m,'kle water tight flex fi'om rouc,.h~in to JB on oquipm~m
[ 1 Provide valve stop. Connection to valve stop by equipment vendor.
[2 Provide dual valve stop. Connection to valve stop by equipmcnt vendor.
AUG 29.2002 ...........
Specifications Page 1 of 5
Project:
Rec Center Snack Bar
Aspen Recreation Center/Iselin
Aspen. CO 81611
From: To:
Jeff B. Katz
Contract Pumhasing, LLC
237 Holland Thompson Drive
Carbondale. CO 81623
(970) 704-9068 Fax: (970) 704-9731
ITEM NO. 1 - REFRIGERATOR, REACH-IN (1 ea required)
True Food Service Model T-23
Refrigerator, Reach-in, One-Section, 23 cu. ft., (3) shelves, ext'r: 300 sedes s/s front, alum. ends, inter:, white anodized alum.
wi300 series s/s floor, (1) s/s hinged door w/lock, dial thermo., 4" castors, 1/3 HP, 115/60/1
Accessories:
Iea. Warranty- 1 year par~s and labor (nc)
I ea. Warranty. 5 year compressor (self-contained only) (nc)
I ea. ModeIT-23F Freezer. Reach-in. One-Section,-10°,23cu. ff.,(3) shelves, ext'r: 300 series s/s front, alum. ends,
int¥. white anodized alum. w/300 series s/s floor, (1) s/s hinged door w/lock, dial thermo.. 4" castors, 1/2HP,
115/60/1
ITEM NO. 2 - WORK TABLE (1 ea required}
Universal Stainless Model 3-SL-SLSB-36
Work T~ble, stainless steel top, 36" wide top, with splash at rear only, 36" long, w/fixed s/s underahelf, stainless steel frame
14 gauge, [ype 304 stainless steel top
ITEM NO. 3 - OVEN, COUNTERTOP, ELECTRIC (1 ea re~luired)
Bakers Pride Model P44S-BL
Oven, countertop, elec., pizza/pretzel, brick lined, two compartment, 2-3/4" deck height, (4) removable 20-3/4'%,V x 20-3/4"D
Cordierite hearth decks (2 per deck), 300~'- 650~ F thermostat, 15 min. mechanical fim~r,-s/s exterior, 7.200w
Accessories:
I ea. 2gSv, 60 hz, 3-ph, 25.0 amps
I ea. 4" Legs, adjustable
ITEM NO. 4 - SHELF, WALL-MOUNTED (2 ea required)
Universal Stainless Model WSD*6012
Shelf, wall-mounted, 16 gauge 304 stainless steel, 12" wide, 5 feet long
ITEM NO. 5 - SINK, THREE COMPARTMENT (1 ea required)
Universal Stainless Model 3SLI8-LD24
Contract Purchasing, LLC
Page 2of5
AUG 2~.2002 Specifications
Sink, three compartment, w/left-hand drainboard, 18" front-to-back x 18" wide sink comp~rtrhent, 14"deep, With 9" high
splash, stainless steel legs & crossrails, 14/304 stainless steel, with 24" drainboard
Accessories:
3 ea. Fisher Model 22209 DrainKing Waste Valve with fiat sb'ainer
1 ea. Fisher Model 13277 Faucet, wall/backsplash mount, 8" C.C., 14" long swing spout. 1/2" inlets
ITEM NO. 6 - SHELVING. WIRE (1 ea required)
Nexel Model S1472Z
Shelf, wire, 14"W, 72"L. clear epoxy powder coated zinc-chromate plated finish. Poly-Z-Brite
Accessories:
1 pr. Model AB14C Wall Mount Shelf Brackets, fixed, single shelf, 14"
ITEM NO. 7 - HAND SINK (1 ea required)
Universal Stainless Model CHS-1
Economy Hand Sink, wall mount, 12" wide x 10" front-to-back x 6" deep, 16/304 stainless steel, with gooseneck faucet, 7"
backsplash, inverted '¥' edges on three sides, includes basket drains and brackets
ITEM NO. 8 - WORK TABLE [1 ea required)
Universal Stainless Model 3-SL-SLS-36
Work Table, stai,nless steel top, 36" wide top, without splash. 36" long, w/fixed s/s undershelf, stainless steel frame, 14
gauge, type 304 stainless steel top
Acceseenes:
1 ea. Model TAC-2020-S Roller Bearing Drawer. 20" x 20", stainless steel
I ea. Model CASTERS 6" expansion casters, [wo locking
ITEM NO. '10 - POS STATION [1 ea required)
Sedita Manufacturing Model REGSTD
Milhvork, per details
ITEM NO. 1t - CONDIMENT/IMPULSE SHELF (1 ea required)
Sedita Manufacturing Model ClS
Millwork, per details
ITEM NO. 12 - REFRIGERATOR, MERCHANDISER {1 ea required)
True Food Service Model GDM-45
Refrigerated Memhandiser. Two-Saciton, 45 cu. ff,, (8~ shelves, laminated vinyl exterior, white anodized interior wi300 series
s/s floor, (2) ~ple pane thermal glass sliding doors, fluorescent interior lights, 1/2 HP, 115/60/1.REMOTE
Aeeessodes:
I ea. Warranty- 1 year parts and labor (nc)
I ea. Warranty- 5 year compressor (seE-contained onlyI (nc)
I ea. Permanent non-peel non-chic black vinyl exterior (nc)
I ea. Sign, Plain white panel in lieu of std. TRUE graphic, contact factory
2 ea. Barrel lock factory installed, each
Contract Purchasing, LLC
AUG 29.2002 Specifications Page 3 of 5
ITEM NO. '13 - FREEZER, MERCHANDISER (1 ea required)
Tree Food Service Model GDM~23F
Freezer Merchandiser, One-Section, -10 degree, 23 cu. fL, {4) shelves, laminated vinyl ext'r, white anodized int'r wi300
series sis floor. (1) triple pane thermal glass hinged door. fluorescent int'r lights, 3/4 HP, 115/60II.REMOTE
Accessories:
I ea. Warranty- I year parts and labor Inc)
I ea. Warranty- 5 year compressor (seE-contained only) (nc)
1 ea. Permanent non-peel non-chip black vinyl exterior (nc)
I ea. Sign, Plain white panel in lieu of std. TRUE graphic, contact fastor7
I ea. Castors, set of 4
iTEM NO. 14 - DISPLAY CASE, OPEN ('1 ea required~
Master-Silt Products Model MPM-36
Med-Temp Open Display Merchandiser, seE-service, seE-cont, refrig syst, front air intake w/reor discharge, forced air ducted
flow. w/2 tier s/s display deck, 36" long, white exter'r and intY. electric condensate evaporator. REMOTE
1 ea. One year limited warranty is standard (nc)
Iea. Five year ?ompressor warranty (nc)
I ea. Model A075-11140 Castors, set of 4 3" dia. for QMPM/MPM-36 and QMPM/MPM-48
ITEM NO. 15 - SELF SERVE COUNTER ('1 ea re~luired)
Sedita Manufacturing Model SSC
Millwrok, per details
ITEM NO. 16 - HOT DOG GRILL, ROLLER-TYPE (1 ea required)
APW Wyott Model HRS-20S
Hot Dog Grill, Relier-Type, Slanted Hotrod, 17-1/4" W x 18-3/8" D, Tru-Tum rollers, infinite controls, approx. 340 frank
capacity, stainless steal construction
Accessories:
1 ea. 120v, 768w, 6.4 amps
' ea. Model SG-20 Sneeze Guard, Hot Dog Grill, front cover design, sloped front design, with removable dear, for
approximately 19" x 20" grills, transparent polycart)onate
I ea. Model BC-20 Bun Storage Cabinet. stainless steel construct/eh, lift up plexi-g[ass doors. 17-3/16" long, for use with
both standard & slanted hotrod rolling grills
I ea. Model 49391-00 Legs, 4", metal
ITEM NO. 21 - ICE MAKER, CUI~E-STYLE ('1 ea required)
Scotsman Model CME306WS~IA
Ice Maker, Cube Style, water-cooled, self-contained condensor, approximately, 330-1b production/24 hrs. stainless steel
finish, contour cube style, 115v/60/1
Accessories:
1 ~a. 3 Year parts & labor warranties (nc)
Contract Purchasing, LLC
AUG 29.2002 Specifications Page 4 of 5
I ea. 5 Year parts & labor warranties on Evaporator {nc)
I ea. Limited lifetime mst free parts warranty on food zone (nc)
I ea. 5 Year parts on compressor Inc)
ITEM NO. 22 - CARBONATED BEVERAGE/ICE DISPENSER {1 ea required)
Vendor Model CBS
Provided by vendor. Verify requirements
ITEM NO. 23 - DISPENSER, PAPER CUP (1 ea required)
Dispanse-Rite Model CTC-C-3BT
Cup Dispensing Cabinet, adjustable, (3) ADJ-2F, holds 8 oz.to 44 oz.cups, rim dia, 3"- 4-5/8", black texture polystyrene
cabinet, black bezels, 24"H x 14-1/2"W x 23"D. (3) E-Z slide slanted lid chutes & (2) straw organizers on side, NSF cup
dispensers
ITEM NO. 24 - BEVERAGE EQUIPMENT {1 ea required)
Vendor Model BEVEQ
Coffee brewer/dispensers, iced Tea. Hot Chocolate. Vedfy with Vendor
ri'EM NO. 25 - DISPENSER, PAPER CUP (1 ea required)
Dispense-Rite Model CTC-C-3BT
Cup Dispensing Cabinet. adjustable, (3) ADJ-2F, holds 8 oz.to 44 oz.cups, rim dia. 3"- 4-5/8", black texture polystyrene
cabinet, black bezels. 24"H x 14-1/2"W x 23"D, (3) E-Z slide slanted lid chutes & (2) straw organizers on side, NSF cup
dispensers
ITEM NO. 26 - BEVERAGE COUNTER ['1 ea required)
Sedita Manufacturing Model BEVCTR
Miil~,~rk, per details
ITEM NO. 27 - CONDIMENT COUNTER ('J ea required)
Sedita Meaufactudng Model CONDCTR
Millwork, per details
ITEW NO. 29 - REFRIGERATOR/FREEZER, REACH-IN {1 ea required)
Randell Model 2020D
~each-ln Refdgerator/Freezer, 2-section, seE-cont, refrig, system, aluminum exterior & interior, s/s front & doors, standard
depth cabinet, wide full-height doors, exterior digital thermometer. 1/2 HP comp., ~ 15/60/1, NEMA 5-20P
Accessories:
I ea. 5 yr. compressor warranty (NET)
I ea. 90-day labor warranty std. (nc)
I ea. Iyr. parts and compressor warranty std. (nc)
ITEM NO. 30 - OVEN, MICROWAVE ('1 ea required)
Contract Purchasing, LLC
AUG 29.2002 Specifications Page 5 of 5
Sharp Model R-21JV
Microwave Oven, 1000 watts, stainless steel door. timer panel & cavity, grey steel outer wrapper, digital programmable
controls, durable side-hingod see-through door, Express DefrostTM. 10 computerized touch pads. braille, double quantity
Accessories:
I ea. Warranty- 1 year parts, tabor & travel, on site, w/second & third year (parts only) on Magnetmn, standard (nc)
ITEM NO. 31 - REMOTE REFRIGERATION UNITS (1 ea required)
All Temp Services Model REMOTEREFRIG,
Remote compressom. Verify with refrigeration sub-contractor.
Contract Purchasing, LLC
CHAMPS OF ASPEN ~,~v "["
SAMPLE OF MENU ITEMS
FRUIT: (Fresh Fruit in season - market price)
Banana
Orange
Apple
Pear
Peaches
Fruit cup 2.50
SOUPS:
Chili 4.75
Chicken Noodle 4.75
Chili 4.95
,SALADS:
Chef 7.45
Ceasar (w/th grilled chicken breast srips) 7.45
Cobb 7.45
Greek 7.45
SANDWICHES:
Turkey/Swiss 6.95
Ham/Cheddar 6.95
Roast Beef/Cheddar 7.25
Chicken Salad 7.25
Tuna Salaad 7.25
Hot Dog 3.25
Italian Hoagie 7.25
PIZZA:[personal]
Cheese 5.00
Pepperoni 6.00
VegeTarian 5.00
BURRITOS:
Bean/Cheese 4.75
Chicken 5.25
Beef 5.50
WRAPS:
Vegg~e 4.25
Italian 4.75
Chicken Ceasar 5.25
Tofu Stir Fry 5.75
POPCORN/CANDY/COOKIES/RICE KRISPIE TREATS/CHIPS/SNACKS
WATERS/GATORADES/SODAS/FUIT JUICES/MILK/POWER DRINKS
ICE CREAM SPECIALTIES