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HomeMy WebLinkAboutresolution.council.032-95 ,e "e..~ 'Il ~ . - RESOLUTION NO .52-- (Series of 1995) 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 a part 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.flet 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. Dated 7h~:? :2 , 1995. ~/?~ Joh~ S. Bennett, Mayor - '. Ie -- -- 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. ... ~~ och, City Clerk . "- ~ . ~'" ~ ., $. '" - MALL LEASE AGREEMENT THIS LEASE AGREEMENT made as of , 1995, 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 128 __days, beginning on May 26, 1995, and terminating on October 1, 1995. Rent shall be calculated at $ 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 26 th day of May, 1995, 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 arrearage shall accrue interest percent (2%) per month. not paid in full when due, any payable to City at the rate of two 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. tit e -- - Further, lessee agrees to comply with all reasonable recommendations by Aspen CCLC relating to the use of the leased premises. 3. Lessee shall remove any structures on the leased premises promptly upon expiration of this lease. Failure to remove them within ten (10) days of said expiration shall result in ownership therein transferring to the City of Aspen. 4. Lessee agrees to keep said premises in repair and free from all litter, dirt and debris and in a clean and sanitary 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 sec. , as amended. Lessee shall name the City as co-insured on all insurance policies and such policies shall include a provision that written notice of any non-renewal, cancellation or material change in a policy by the insurer shall be delivered to the City no less than ten (10) days in advance of the effective date. 5. 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 2 -, t '~ It ~. %., 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 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. Nei ther 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. business Lessee. The lease premises and improvements, fixtures thereon shall be maintained additions and and managed by 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 3 fA. ~ It a ,., - -- 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 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 premises, not to assign this consent of the City being first sublet any portion lease without the obtained. of the leased prior written 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 4 ,. \. (- .e. '!....... ~\. "" 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 By John S. Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk LESSEE By Title Date 5