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HomeMy WebLinkAboutresolution.council.043-93 RESOLUTION NO. Series of 1993 A RESOLUTION APPROVING A LICENSE AGREEMENT BETWEEN THIN AIR FOODS, INC. AND THE CITY OF ASPEN, COLORADO, FOR A NON-EXCLUSIVE LICENSE TO THE ASPEN MUNICIPAL GOLF COURSE, SETTING FORTH THE TERMS AND CONDITIONS FOR SAID AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a license agreement between Thin Air Foods, Inc. and the City of Aspen, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that license agreement between the City of Aspen and Thin Air Foods, inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said license agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the /~'~ day of ~ ,1993. John 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. Kath~/S~ Ko~h, City Clerk CITY OF ASPEN NON-EXCLUSIVE LICENSE AGREEMENT FOR USE OF THE CITY OF ASPEN GOLF COURSE THIS LICENSE AGREEMENT was entered into on ..... ~,~.4c.a /x/, [ ~'7]~ '~ by and between the City of Aspen, a municipal home rule city.~,~ereinafter "L['censor")-' and THIN AIR FOODS, INC., P.O. Box 8883, Aspen, Colorado 81612, (hereinafter Licensee ). In consideration of the mutual covenants contained in this agreement, the parties agree as follows: 1. Licensor hereby grants to Licensee subject to the terms and conditions hereinafter set forth and the rights herein specifically retained and reserved by Licensor, the non-exclusive right, privilege and easement to access the Aspen Municipal Golf Course for the purpose and to the extent set forth hereinbelow. 2. Licensee shall have the non-exclusive right to access those portions of the golf course normally ~iccessible to golf carts for the sole purpose of selling and dispensing food or beverages to the public from a golf cart. Licensee shall not sell alcoholic beverages Unless and until it has obtained all requisite liquor licenses from the State of Colorado and the City of Aspen Liquor Licensing Authority. In the event that Licensee does obtain the requisite licenses for the sale of alcoholic beverages, Licensee agrees to abide by all rules, regulations and conditions imposed by the State of Colorado or the City of Aspen Liquor Licensing Authority. Notwithstanding any provision to the contrary, Licensor shall have the right to prohibit Licensee from selling alcoholic beverages on days or during special events at the golf course that the Licensor, in its sole discretion, determines. 3. The term of this agreement shall be coincident with the 1993 summer golf season. Licensor shall have the right to terminate this agreement upon three (3) days notice for any reason whatsoever, or for no reason at all. 4. Licensee agrees not to litter any portion of the golf course and to take such steps that are reasonably necessary to prevent its customers from littering upon the golf course. Licensee agrees to neither permit nor suffer any disorderly conduct or nuisance whatever about the area occupied by the golf cart which would annoy, either proximate or remote, users of the golf course facility, occurring through or caused by Licensee or any of its customers. 5. Licensee agrees to indemnify and hold 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 golf course as herein above described. Further, Licensee agrees to furnish the Licensor 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 use, occupancy, maintenance, and operation of location of a golf cart beverage dispenser on a public golf course. The insurance shall be procured from a company authorized to do business in the state of Colorado and be satisfactory to the Licensor. 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. Licensee shall name the City of Aspen 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 policy by the insurer shall be delivered to the City of Aspen no less than thirty (30) days in advance of the effective date. 6. No signage, including, but not limited to, advertising on umbrellas or banners shall be allowed except that a menu sign shall be allowed with the prior authorization of the Licensor's Director of Golf. 7. Licensee agrees not to assign this license agreement without the prior written agreement of the Licensor. 8. If legal action is taken by either party to enforce any of the provisions of this agreement, the prevailing party in any legal action shall be entitled to recover from the other party all of its costs, including reasonable attorneys' fees. 9. Licensee agrees to comply with all laws, ordinances, rules and regulations that may pertain or apply to the licensed premises and its use. Licensee 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. 10. The parties hereto agree that all correspondence concerning this agreement shall be in writing, and either hand delivered or mailed by first class certified mail to the following: City: Licensee: City of Aspen Thin Air Foods, Inc. City Manager P.O. Box 8883 130 South Galena Aspen, Colorado 81611 Aspen, Colorado 81611 11. Any matters not expressly provided for in this agreement shall be in the discretion of the Aspen Golf Director. 12. This agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties. 13. It is agreed that this agreement shall be governed by, construed and enforced in accordance with the laws of the State Of Colorado. 14. This agreement shall constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. 15. Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party. 16. Waiver by licensor of any breach of any covenant or duty of licensee under this agreement is not a waiver of a breach of any other covenant or duty of licensee, or of any Sub- sequent breach of the same covenant or duty. IN WITNESS WHEREOF, each party to this agreement has caused it to be executed on the date indicated hereinabove. LICENSEE: ;~~4~ By: ~ ' LICENSOR: CITY OF ASPEN, COLORADO By: ~2ity Manag~ Approved as to form: /City Attorney s Office To: Mayor and Council ~ / Thru: Amy Margerum, City Manager . From: Bill Efting, Asst. City Manager Date: June 9, 1993 Re: Non-Exclusive License Agreement for use of the City of Aspen Golf Course This agreement has been prepared by John Worcester in conjunction with the approval of a limited premises licquor license to operate a beverage cart by Thin Air Foods on the City of Aspen Golf Course. Staff feels very comfortable with this agreement, paragraph (i3) provides the City of Aspen to terminate the agreement upon three days notice for any reason whatsoever, or for no reason at all~!