HomeMy WebLinkAboutresolution.council.038-94
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RESOLUTION NO S??
(Series of 1994)
A RESOLUTION APPROVING THE RENEWAL OF MALL LEASE AGREEMENTS
BETWEEN THE CITY OF ASPEN, COLORADO, AND THE GRILL ON THE PARK, THE
RED ONION, CARNAVALE, THE SILVER NUGGET, AND FLYING DOG BREW PUB,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS ON BEHALF OF
THE CITY OF ASPEN
WHEREAS, there have been submitted to the City Council renewals for the lease
agreements between the City of Aspen and The Grill on the Park, The Red Onion,
Carnavale, The Silver Nugget, and Flying Dog Brew Pub, which leases set forth the
terms and conditions for occupancy by said lessees of a portion of the mall area
adjacent to their premises, a copy of which leases are annexed hereto and made apart
hereof,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby establishes a lease rate at $3.01
per square foot per year and approves the mall lease renewals between the City of
Aspen and The Grill on the Park, The Red Onion, Carnavale, The Silver Nugget and
Flying Dog Brew Pub, copies of which are annexed hereto and incorporated herein,and
does hereby authorize the Mayor to execute said leases on behalf of the City of Aspen,
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Dated I , 1994,
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Jo S. Bennett, Mayor
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I, Kathryn S, Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council of
the City of Aspen, Colorado, at a meeting held on the day hereinabove stated.
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MALL LEASE AGREEMENT
THIS LEASE AGREEMENT made as of 1994,at
Aspen, pitkin County Colorado, by and between THE CITY OF ASPEN,
COLORADO, a municipal corporation, a Lessor (hereinafter "City"), and
individual, partnership, corporation, as Lessee
(hereinafter "Lessee") .
WIT N E SSE T H:
WHEREAS, the City of Aspen, Colorado, by its Ordinance No. 20
(Series of 1973) established a pedestrian Mallon those city streets
designated therein; and
WHEREAS, the City Council of the City of Aspen, and Aspen
Commercial Core and Lodging Commission ( hereinafter "CCLC") are
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;
NOW THEREFORE, in consideration of the mutual covenants, terms
and conditions contained herein, it is agreed as follows:
1. The City does hereby demise and let to Lessee approximately
_ square feet of the said Pedestrian Mall, being that portion of the
Mall abutting the business structure and lot area owned and/or managed
by Lessee and extending a maximum of ten (10) feet from the edge of
their building and/or lot; provided, however, that encroachments are
not to be considered to be part of. such building and/or lot. The term
of this lease shall be for days, beginning on May 24, 1994, and
terminating on October 1, 1994, Rent shall be calculated at $3,e>1 per
square foot per month, As rent for such area and term, Lessee hereby
agrees to pay City the total sum of which sum shall be
payable in advance on or before the 24 th day of May, 1994, at the
offices of the City Clerk/Finance Dept, Aspen City Hall, First Floor,
130 S. Galena Street, Aspen, Colorado 81611.
If such rent payment is not paid in full when due, any arrearage
shall accrue interest payable to City at the rate of two percent (2%)
per month.
2, Lessee agrees to use such area for the sole purpose of
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 8:00 p,m" weather permitting, but in no
event shall food and beverage service be extended beyond 10:00 p.m.
Food shall be available in the leased area during all hours it is open
to the public. Lessee further agrees to use the premises for no
purpose prohibited by the laws of the United States, the State of
Colorado, or ordinances of the City of Aspen. Further, lessee agrees
to comply with all reasonable recommendations by Aspen CCLC relating
to the use of the leased premises.
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3. Lessee shall remove any structures on the leased premises
promptly upon expiration of this lease. Failure to remove them within
ten (10) days of said expiration shall result in ownership therein
transferring to the City of Aspen.
4. Lessee agrees to keep said premises in repair and free
from all litter, dirt and debris and in a clean and sanitary 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, Lesee agrees to furnish City with certificate(s)
of insurance 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, 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
effecti ve date,
5. All construction, improvements or business fixtures on the
leased premises shall comply with the following criteria:
a. Not be wider than the mall frontage of the business
nor extend further than a maximum of ten (10) feet from the edge of the
Lessee's building (encroachments are not considered to be a part of the
Lessee's building) while ensuring that such extension does not impede
pedestrian traffic.
b. No portion of the Lessee's fixtures shall extend beyond
the boundaries of the City-leased premises; this shall be construed to
include planters, umbrellas while closed or open, any type of lighting
fixtures, and any other fixtures of the Lessee.
c. No island shall be created on the leased premises;
i.e., the fencing around the City-leased premises shall abut the
Lessees's building and business.
d. the perimeters of the extension boundary shall, be
angled at fort-five (45) degrees with a minimum of four (4) feet length
on the diagonal (s) with the exception that if the Lessee obtains
written consent from the adjacent business, a ninety (90) degree angle
will be permitted on the side (s) for which the Lessee has obtained such
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written consent.
e. The perimeter of the City-leased premises shall be
enclosed by a black wrought-iron fence as approved by CCLC, no less
than thirty (30) inches in height. Openings in the fence shall not
be less than thirty-six (36) inches wide with a gate, said gate must
be self-closing and bi-directional, If there is a gate which is not
self-closing and bi-directional it must be left open and swing inward
to prevent obstruction of pedestrian right-way. These rules are in
compliance with state liquor and fire codes,
f. No service facilities, including, but not limited to,
bus trays, hot plates, water dispensing equipment and dish storage
shall be located on City-leased premises,
g. The extension of fixtures shall otherwise be consistent
(in the determination of the Planning Office, Commercial Core and
Lodging Commission and the City Council) with the general design
guidelines and design criteria of the Mall,
h. The Lessee shall allow its fixtures and perimeter
fencing to remain in place at its own discretion and liability and
shall accept and retain full responsibility and liability for any
damage to such fixtures and perimeter fencing caused by the operation
of emergency vehicles, including, but not limited to, fire equipment,
police vehicles, and ambulances, in the performance of their duties,
and to hold harmless their duly authorized operators.
i. Neither electric nor gas lights nor electrical conduits
are allowed on the City-leased premises,
j. No signage, including, but not limited to, advertising
on umbrellas, furniture, planters or banners shall be allowed on the
City-leased premises except that menu signs shall be allowed. in
accordance with provisions of the City of Aspen sign code and subject
to review by CCLC,
6. The lease premises and improvements, additions and business
fixtures thereon shall be maintained and managed by Lessee.
7. Lessee agrees to permit agents of the City to enter upon
the premises at any time to inspect the same and make any necessary
repairs or 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 changers to the Aspen
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Pedestrian Mall during the lease period.
8. The City of Aspen by this demise hereby conveys no rights
or interest in the public way except the right to the uses on such
terms and conditions as are above described, and retains all title
thereto.
9. Lessee agrees not to sublet any portion of the leased
premises, not to assign this lease without the prior written consent
of the City being first obtained.
10. Lessee hereby affirms that Lessee is the owner and/or lessee
of the abutting property and agrees that on sale or other transfer of
such ownership interest, Lessee will so notify the City of the transfer
in interest, and all right and interest under this lease shall
terminate.
11. Lessee agrees to surrender and deliver up the possession
of the leased premises promptly upon the expiration of this lease,
or upon five (5) days' written notice in the case of the 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 attorneys fees.
13. It is further agreed that no assent, expressed or implied,
to any breach of anyone 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:
Lessee:
City of Aspen
Finance Director
130 South Galena Street
Aspen, Colorado 81611
CITY OF ASPEN, COLORADO
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ATTEST:
Kathryn S. Koch, City Clerk
By
LESSEE
By
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Date
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John S. Bennett, Mayor
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MEMORANDUM
TO:
Mayor and City Council
THROUGH:
Amy Margerum, City Manager
FROM:
Kathryn Koch, City Clerk
DATE:
May 17, 1994
Resolution #38, Series of 1994 - Mall Leases
RE:
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SUMMARY: Five mall businesses are requesting approval of their
mall outdoor seating lease for 1994. These are The Grill on the
Park, The Red Onion, Carnevale, The Silver Nugget, and Flying Dog
Brew Pub. Staff and CCLC have reviewed these and recommend
approval.
BACKGROUND: The city first approved mall leases in 1977 at $1.00
per square foot per month or $12.00 per square foot per year.
These leases are good from Memorial Day weekend through September.
The original lease stipulated a 6 percent increase per year in the
event of renewal. Renewal is required on an annual basis. The Red
Onion, the Grill on the Park and the Silver Nugget locations have
had outdoor seating leases since 1977. The Flying Dog Brew Pub
location has has outdoor seating since 1984.
The original leases were negotiated by the Mall Commission and
Council. CCLC has an annual public hearing on these leases
including notice to adjacent property owners.
Year
$/Sq Ft
Month
$/Sq Ft
Year
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1. 00
1. 06
1.12
1.19
1. 26
1. 34
1.42
1. 50
1. 59
1. 69
2.00
2.12
2.25
2.39
2.53
2.68
2.84
3.01
12.00
12.72
13 .44
14.28
15.12
16.08
17.04
18.00
19.08
20.28
24.00
25.44
27.00
28.62
30.36
32.16
34.08
36.12
% Increase
6.0
5.7
6.2
5.9
5.9
6.3
5.9
5.6
6.0
6.3
18.3
6.0
6.1
6.2
6.1
5.9
6.0
6.0
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FINANCIAL IMPLICATIONS: Approval of all 5 mall leases at
$3.01/square foot/month will generate about $20,000 in the mall
fund, which was reviewed as part of the 1994 budget.
RECOMMENDATION: Staff recommends approval of the mall leases are
revised by the CCLC.
PROPOSED MOTION: I move to approve Resolution #~, Series of 1994.
CITY MANAGER COMMENTS:
Attachments
A - Resolution #38, 1994
B - Mall Lease