HomeMy WebLinkAboutresolution.council.031-97
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RESOLUTION NO ~I
(Series of 1997)
A RESOLUTION APPROVING THE RENEWAL OF MALL LEASE AGREEMENTS
BETWEEN THE CITY OF ASPEN, COLORADO, AND PACIFICA, THE RED ONION,
CARNAVALE, MIRABELLA, ACME BAR & GRILLE 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 Pacifica, The Red Onion, Carnavale,
Mirabella, Acme Bar & Grill 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:
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That the City Council of the City of Aspen hereby establishes a lease rate at
$M per square foot per year and approves the mall lease renewals between the City
of Aspen and Paciifica, The Red Onion, Carnavale, Mirabella, Acme Bar & Grill and the
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 7lJ?, ~1- , 1997.
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J hn S. Bennett, Mayor
. 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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Kathryn S. K , City Clerk
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MALL LEASE AGREEMENT
THIS LEASE AGREEl'v1ENT made as of , 1997, 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 Mall on 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 20, 1997,
and terminating on October 1, 1997. 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 June
30th 1997, at the offices of the City Clerk, Aspen City Hall, Second 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.
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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 of9:00 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.
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 armoy 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 effective date.
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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.
fencing around
business.
No island shall be created on the leased premises; i.e., the
the City-leased premises shall abut the Lessees's building and
d. the perimeters ofthe extension boundary shall be angled at fort-
five (45) degrees with a minimum offour (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 ofthe 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.
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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 deternline
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 undertalces major structural changers to the Aspen Pedestrian Mall during
the lease period.
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_ 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.
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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.
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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
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