HomeMy WebLinkAboutresolution.council.033-04RESOLUTION NO.
Series of 2004
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A LEASE FOR
THE ASPEN MUNICIPAL GOLF COURSE AND BETWEEN THE CITY OF ASPEN AND
SHLOMOS ON THE GREEN, LLC, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID DOCUMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Lease Agreement between the
City of Aspen as Lessor, and Shlomos on the Green, LLC as Lessee, a copy of which contract is
annexed hereto and made a part thereof.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that Lease Agreement, 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 agreement on behalf of the City of Aspen.
Dated:
I~len~K~. Kl"a~n~ru~, 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 ~ /,~ ,2004.
Kathryn S. ~(ch,-Ci~ Clerk
TLO- saved: 4/13/2004-212-G:\john\word\resos\9o!f course restaurant.doc
MEMORANDUM
TO:
FROM:
THRU:
THRU:
THRU:
DATE:
MAYOR AND CITY COUNCIL
STEVE AITKEN, DIRECTOR OF GOLF
STEVE BARWlCK, CITY MANAGER
JOHN WORCESTER, CITY ATTORNEY
JEFF WOODS, PARKS AND RECREATION MANAGER
APRIL 12, 2004
GOLF COURSE RESTAURANT LEASE
SUMMARY: Staff is recommending approval of a lease agreement with
Shlomo Ben Hamu (Shlomo) for operation of the restaurant at the golf
course.
PREVIOUS COUNCIL ACTION: At the February 9th City Council
Meeting, Council agreed to terminate the lease agreement with Doug
Clayton and Allen Giaquinto for operations at the restaurant. Council also
agreed upon a price to purchase all improvements including equipment in
the facility.
DISCUSSION: Over the past few months staff has requested proposals for
operatiOns at the golf course restaurant facility. Five proposals were
received from interested candidates at the facility. A panel of individuals
was assembled to review proposals and interview qualified candidates. This
panel included Clem Cleveland Director of Marketing, Jeff Woods Parks
and Recreation Manager, Chuck Torinus Golf Advisory Board Chairman,
Mike Holtzman Golf Restaurant Consultant, Jimmy Yeager Owner of
Jimmys' Grille and myself. Interviews were conducted with all five
candidates. Selection of the candidate for the lease agreement was based on
previous experience, ideas to generate business, finanCial stability, content
of proposal, interview, and an interest to make the facility a year round
viable restaurant operation. From this process, the panel agreed unanimously
to award Shlomo the operation at the golf course restaurant. Although the
other candidates were qualified each lacked some of the criteria that Shlomo
provided. The panel believes Shlomos' strong background in previous
restaurant operations in Aspen and local following will be a tremendous
asset to the facility. It is anticipated that the restaurant operation will be fully
functional by early May, which coincides with the needs for the golf and
tennis operations at the facility. Compared to the previous lease agreement,
the new lease agreement has the following changes:
· The new lease is for a flat rate of $20,000.00 per year up to
$300,000.00, with an additional 8% over $300,000.00 to the City.
The old lease required a flat rate of $24,000.00 per year up to
$300,000.00, with an additional 8% over $300,000.00 to the City.
· There is a cap at gross revenues over $600,000.00, Any amount over
this, the operator will not be obligated to pay a percentage. The old
lease did not have a cap on gross revenues with a percentage to the
City.
· The operator will pay to the City 20% of all utilities- gas, electricity,
water, sewer. In the previous lease the operator paid 50% of all
utilities.
· The City now owns all the kitchen eqUipment. The operator will pay
to the City a usage fee of $10,000.00 for the five year period of the
contract for equipment. In the previous lease all equipment was
owned by operator.
Goif Club Restaurant Lease
Page 1
LEASE AGREEMENT
ASPEN GOLF CLUB RESTAURANT LEASE
2004-2008
THIS LEASE AGREEMENT is made and entered into this day of ,
2004 by and between The City of Aspen, 130 South Galena Street, Aspen, Colorado 81611
("Landlord") and Shlomos on the Green, LLC, 316 Pfister Drive, Aspen, Colorado 81611
("Tenant").
WITNESSETH:
WHEREAS, Landlord is the lessee of the real property and all of the improvements
thereon, known as Aspen Golf Shop and Restaurant Facility, located in Pitkin County, Colorado;
and,
WHEREAS, Landlord desires to rent the Leased Premises, consisting of approximately
2,243 square feet (restaurant/bar area 1,190 square feet, kitchen/prep/storage 853 square feet,
mechanical area 200 square feet,) and shared common areas of approximately 780 square feet
(men's room 132 square feet, women's room 165 square feet, and lounge foyer 483 square feet)
as delineated on Exhibit A attached hereto and incorporated herein and referred to herein as the
"Leased Premises", in accordance with the terms and conditions contained in this Lease
Agreement; and,
WHEREAS, Landlord represents to Tenant that .the zoning applicable to the Leased
Premises permits the intended uses of the property as set forth herein; and,
WHEREAS, Tenant desires to lease from Landlord the Leased 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 Aspen Golf Shop and Restaurant Facility, Pitkin
County, Colorado, delineated and outlined in red on Exhibit A attached
hereto and incorporated herein; and
(b) City owns 2 food and beverage carts and 1 utility cart that will be
used by the restaurant. Maintenance of the food and beverage carts will
be performed by the restaurant operator. It is agreed that the carts are in
Golf Club Restaurant Lease
Page 2
working condition. Space to store one beverage carts shall be made
available by Landlord in the newly constructed cart barn located on the
Municipal Golf Course. (A second space shall also be made available in
a location to be decided by Landlord based on space availability.) The
number of carts to be stored shall be determined by the parties in
accordance with Section 5 below, and
(c) The use of the Municipal Golf Course for the sole purpose of
operating a food and beverage cart service as outlined in Section 5,
below.
for the term, at the rents, and upon the conditions and covenants hereinafter set forth. Except as
outlined in Section 2, below, taking possession of the Leased Premises by Tenant shall constitute
acknowledgment that such premises are in working condition and Landlord shall not be required
to make any alterations thereto, unless agreed to in advance and in writing by the City of Aspen
and Landlord.
2. Equipment, Fixtures and Finishes Provided by Landlord and Tenant.
Landlord has provided kitchen equipment; indoor furniture, outdoor furniture, two
beverage carts, one utility cart, POS system, and other related equipment for the restaurant
operation outlined in Exhibit B. All items of equipment and fixtures set forth at Exhibit B shall
be maintained in good working order by Tenant, at Tenant's own cost and expense, and shall be
returned to the Landlord upon termination of this Lease Agreement in the same condition as
when accepted by Tenant, ordinary wear and tear excepted. If the equipment or fixture is
determined to be fully depreciated, Tenant shall neither be required to purchase a new piece of
equipment or fixture nor shall Landlord be obligated to replace the fully depreciated equipment.
Tenant shall operate the equipment and fixtures in accordance with any operational manuals
supplied by the equipment or fixture manufacturer.
3. Term. Unless sooner terminated, as provided herein, the term of this Lease
Agreement shall be for a period 0ffive (5) years. The lease term shall commence at 12:00 noon
on April 20, 2004, and shall expire at 12:00 noon on October 30, 2008. A Lease Year shall be
the period of 12:00 noon on March 15 of one calendar year (or the initial lease period in 2004)
through 12:00 noon on March 15 of the following calendar year. Tenant's occupancy of the
Leased Premises during this term shall be limited by paragraph 4, below. If Tenant is not in
substantial default of the terms of this Agreement Tenant shall have the right to renew this
Agreement for an additional period of five years. Substantial default for purposes of this section
shall mean and include all instances of a purported default identified by Landlord in writing to
Tenant and which has not been cured within a reasonable period of time by Tenant. Renewal
discussions to determine the rental rates in accordance with Section Il(b), below, shall
commence no later than July 30, 2008, and conclude no later than September 30, 2008.
Golf Club Restaurant Lease
Page 3
4. 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 5 below, and all other terms and conditions of this Lease Agreement.
Tenant and Tenant's employees at the Leased Premises shall be entitled to golf course privileges
and cart usage for free, whenever such play is available. The parties agree to meet on the Leased
Premises within one week of either party requesting such a meeting to discuss Tenant'S
performance and any other issues relating to the terms and conditions of this Lease Agreement.
5. Permitted Uses and Required Performance Standards. The parties hereto
recognize and acknowledge that the construction of the Aspen Golf Shop and R~staurant Facility,
including the Leased Premises, by Landlord was done, in part, to create a restaurant facility that
caters to the customers and users of the Aspen Municipal Golf Course, tennis facilities, winter
nordic skiing trailS, and other related recreational facilities at the Municipal Golf Course. Tenant
recognizes that a major and important consideration inducing Landlord to rent the Leased
Premises to Tenant is the operation of a high quality restaurant and concession business offering
food and liquor services to the customers and users of the recreational facilities at the Aspen
Municipal Golf Course. Accordingly, Tenant agrees to the following minimum standards of
operation and uses of the Leased Premises:
(a) Summer golf season - Restaurant Services. Tenant shall operate the
restaurant facility seven days a week between May 1 and October 30th of each calendar
year. The hours of operation of the restaurant facility shall be, at a minimum, between the
hours of 7:00 am and 6 pm. Notwithstanding the previous sentence, Tenant shall provide
coffee service no later than fifteen (15) minutes prior to the first tee time of each day.
Coffee service shall include regular and de-caffeinated coffees, hot water for tee and
cocoa, and danishes. Morning food service shall be between the hours of 7:00 am and
11:00 am. Before each summer season, the parties shall meet and agree upon a menu of
foods that shall constitute a minimum level of food service offered by Tenant to its
customers. Liquor service shall include, at a minimum, at least five brands of beer, three
types of wine, and a full service bar of hard liquor. A copy of the 2004 proposed menu is
appended hereto as Exhibit I). In addition, before each summer season, the parties shall
agree to the. contents of a customer survey instrument to be used by the City to determine
customer satisfaction of the restaurant facilities. Tenant agrees to take all steps reasonably
necessary to achieve a minimum level of service wherein a minimum of 90% of all
customers surveyed indicate a satisfaction level of "Good" or better on a scale that
includes "Excellent, Good, Poor or Unacceptable" as alternative responses. If level is
below 90% leaseholder shall have the opportunity to improve the level of satisfaction
through the next survey period. The survey instrument for the 2004 summer season is
appended hereto as Exhibit F. Customers shall be permitted to pay for food service either
in cash or credit card. All prices charged at the restaurant and vending machines shall be
approved by Landlord which approval shall not be unreasonably withheld. Tenant
acknowledges that speed of play at a golf course operation is important to Landlord and
accordingly, shall endeavor to provide quick food service to golfing customers going
from the ninth green to the tenth tee and golfers purchasing goods from the golf cart.
Golf Club Restaurant Lease
Page 4
During the hours of operation for golfing customers and while on duty, employees of the
golf and tennis departments of the Landlord shall receive a 15% discount on all food (but
not alcohol) service.
(b) Summer golf season - Beverage Cart Services. Tenant shall operate a food
and beverage (including liquor service with a minimum of two brands of beer and hard
liquor service) cart service for patrons playing golf. This service shall, at a minimum, be
available seven days per week between May 1 and September 30 of each calendar year
fi.om the hours of 10:00 am to 4:00 pm, inclement weather excepted. The service shall be
provided by at least one beverage cart to be provided by Tenant. Tenant may use a second
cart in Tenants sole discretion. All prices charged from the food and beverage cart(s) shall
be approved by Landlord which approval shall not be 'unreasonably be withheld. Landlord
shall ensure that service personnel operating the beverage cart show courtesy and
professionalism to the golfing customers and shall wear proper attire at all times.
(c) Vending machines. Tenant shall have the exclusive right to place vending
machines within the Aspen Municipal Golf Course property. Landlord shall approve the
number, type, products sold, and location of each vending machine befoi:ehand.
(d) Winter Season Service - Prior to each winter service, but no later than
August 30, Tenant and Landlord shall meet to discuss and agree upon the winter food
service for'the restaurant. Winter food service shall include, at a minimum, Tenant
providing equipment and supplies necessary to have available hot chocolate, coffee, tea,
and instant soup. Any additional winter food service shall be at the sole discretion of
Tenant.
(e) Special events - Tenant shall have the exclusive right to all food service
on the Aspen Municipal Golf Course. 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 Municipal Golf Course for such special events. Notwithstanding any language to the
contrary in this Agreement, the Aspen Jr. Golf group shall have the right to schedule one
special outing each year in which a picnic is authorized to take place on the Aspen Jr.
Golf driving range and practice area of the Municipal Course. Tenant shall not schedule
or serve any special event that is not authorized in advance and in writing by Landlord.
Tenant shall agree to cooperate with Landlord to allow Landlord to schedule certain
special events on the Aspen Municipal Golf Course. Upon notice from Landlord that such
an event is to be scheduled, Tenant agrees to Cooperate in providing food service for the
event at a reduced cost (no less than 15%) and subject to negotiation between Landlord
and Tenant.
Notwithstanding any language to the contrary contained herein, Landlord shall have the right to
use the area commonly referred to as the "front foyer" for use by the public or private functions
approved by Landlord.
Golf Club Restaurant Lease
Page 5
6. Prohibited Uses. Tenant will not use, occupy, or permit the Leased Premises
or any part 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
nuisance 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 requirements 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
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
7. Service to Patrons/No Discrimination. The service provided to patrons by Tenant shall
be rendered courteously and efficiently. Landlord reserves the right to prohibit the sale of any
item that it deems reasonably 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 exercised unreasonably. Tenant shall not discriminate against any
employee or applicant for employment because of race, religion, color, creed, ancestry, sex, age,
sexual orientation or national origin. Tenint 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 to 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.
8. Employee Uniform. Shall consist of a minimum, golf type shirts with Shlomo's
on the Green Logo or City of Aspen logos and khaki pants or shorts.
9. 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. Landlord's approval shall not be unreasonably withheld.
10. parking. Tenant's patrons and employees shall be able to use the public parking
lot available for patrons of the Aspen Golf Course. At no time, however, shall Tenant's rights
under this Lease extend to parking areas designated for use by the residential tenants of Truscott
Place.
Golf Club Restaurant Lease
Page 6
11. Rent. Tenant agrees to pay Landlord a fixed minimum annual rental for each
Lease Year during the term of this Lease Agreement, which initial rent shall be $20000 (twenty
thousand) 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 addition to the payment of the fixed minimum annual rental as
hereinabove provided, Tenant shall pay to Landlord during each Lease Year during the
term hereof, as percentage rental, a sum equal to eight percent (8%) of all gross sales over
three hundred thousand dollars ($300,000.00), but less than six hundred thousand dollars
($600,000.00) made in, on or fi.om the Leased Premises, less the amount of fixed
minimum annual rental paid. under the first paragraph of this Section, above, without
prior demand therefore and without any set-off or deduction whatsoever.
i) In each Lease Year, Tenant shall begin to pay the percentage rem when
the specified percent of cumulative gross sales is more than the combined mount
of cumulative monthly fixed minimum rent for that Lease Year. 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 each 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 shall 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
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 of delivery of
the annual statement.
iii) The term "gross sales" as used in this Lease Agreement shall mean
the full amount of the actual sales price of all merchandise or services sold for
cash or credit in or fi.om the Leased Premises by the Tenant. The figure for gross
sales will include deposits not refunded to customers, orders of any kind received
or filled at the Leased Premises, receipts fi.om vending machines located upon the
Leased Premises, and any other receipts which the Tenant ordinarily would credit
to hi s 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
Golf Club Restaurant Lease
Page 7
accounts or bad debts. The following items, if applicable, shall be deducted from
gross sales:
1)
2)
3)
4)
5)
6)
7)
8)
refunds or customer discounts included in gross
sales;
returns to shippers and manufacturers;
sales of trade fixtures or operating equipment;
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;
postage charged to customers; and
co-operative advertising revenues provided by
suppliers.
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 register
receipt, or other record approved by Landlord, with each sale of any kind, except
sales form beverage carts and vending machines. All daily gross receipts
attributable to sales from beverage carts shall be recorded on a daily basis through
the cash register. All gross sales attributed to vending machines shall be recorded
monthly and made available to Landlord. 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
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 one
percent (1%) or more, Tenant shall be required to 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 one percent
(1%) 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.
Golf Club Restaurant Lease
Page 8
(b) In the event that Tenant and Landlord determine to extend the term of this
lease beyond the initial five year term, Landlord and Tenant agree that the minimum
annual rental amount for each Lease Year following the initial five year term shall be
increased by a minimum using the Consumer Price Index (CPI) adjustment as set forth in
Exhibit D, and no more than 125% of the first Lease Year minimum rental rate, provided
that the CPI increase is less than a 125% increase. The parties shall negotiate in good
faith the actual minimum rental rate within these two amounts.
(c) In addition to the payment of the fixed minimum annual rental and the
percentage of gros. s sales rent as hereinabove provided, Tenant shall pay to Landlord the
sum often thousand dollars ($10,000.00) as and for an equipment rental fee for each five
year period that this Agreement is in effect.
12. Accounting. In addition to the accounting to be provided to Landlord pursuant to
paragraph 11, 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, but 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 to Landlord a
late charge often 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
by reason of the late payment by Tenant. Acceptance of such late charges by Landlord shall in
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
interest 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.
Golf Club Restaurant Lease
Page 9
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 Golf Shop and Restaurant
Facility. 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
a sum calculated by dividing 2,243 by the total number of square feet of the Aspen Golf Shop
and Restaurant Facility on the Municipal Golf Course and multiplying the resulting dividend by
the annual premium 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 carry and maintain in effect casualty
insurance covering its trade fixtures, equipment, furnishings, leasehold improvements and plate
glass, which insurance 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 acquire 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 or any extension or renewal period, general public liability insurance for
claims of liability arising out of, occasioned by or resulting from an accident or otherwise in or
about the Leased Premises, for Five Hundred Thousand Dollars ($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
for such activity with limits in the same amounts as stated above. The policy or policies of
insurance (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 insurance companies acceptable to the Landlord, the Landlord may terminate
this Lease and the term hereof, upon giving to Tenant fifteen (15) days notice in writing of the
Golf Club Restaurant Lease
Page 10
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 carded 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 right to participate in the defense of such claim to the extent of its
interest.
17. Notice of Cancellation of Insurance Coverage. The above 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. Tenant shall pay its prorated share (20%) of all
charges for gas, electricity, water, and sewer service; 50% for trash removal, and 100% for grease
trap cleaning required twice per year and telephone service. Cleaning expenses of the shared
restrooms on the main level shall be the responsibility of Tenant. Tenant shall be responsible for
the unisex bathroom located off of the deck area accessed from the exterior of the building.
Tenant's share of any such charges for utilities or maintenance services used by Tenant but paid
by Landlord, either because the utilities are not separately metered or because Landlord contracts
for the service for the entire improvements shall be as stated above during the months that Tenant
is in possession of the Leased Premises whether operating or not. Upon receipt of a statement
from Landlord for Tenant's share of such utility or maintenance service charges, Tenant shall pay
the same to Landlord within ten (10) days. If any charges are not paid when due, Landlord may
pay the same, and any amount so paid by Landlord shall thereupon become due to Landlord from
Tenant as additional rent. For those utility charges that are not separately metered and for which
the parties have agreed upon a pro-rated share, the parties agree to determine a fair share and
allocate that share between the parties.
Golf Club Restaurant Lease
Page 11
19. Alterations. The' improvements 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 not 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 injury. NotWithstanding that they may have
become an integral part of the Leased Premises, Landlord may require Tenant to remove all or
any part 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 at 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 repair
damages resulting from such removal, Landlord may remove the same or make such repairs for
Tenant's account, and Tenant shall pay to 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. In 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 appropriate governmental authorities prior to beginning such work. If
any mechanics' or other liens shall be created or filed against the Leased Premises by reason of
labor performed or materials fumished 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 right, without any
notice to the Tenant, to sell or otherwise dispose of the same, at the expense of the Tenant, and
shall not be accountable to the Tenant for any part of the proceeds of such sale, if any.
20. Repairs. The Tenant has examined the Leased Premises and has entered into this
Lease without 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 all 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 from 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,
Golf Club Restaurant Lease
Page 12
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
casualty (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, whereupon 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 casualty 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
circumvent such prohibitions. Any assignment 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.
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, roof, 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
Golf Club Restaurant Lease
Page 13
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 repair 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 execute such repair 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 improvements shall have been completed. Any signs
permitted by the Landlord shall at all times conform with all municipal ordinances or other laws
and regulations applicable thereto. Exhibit G appended hereto is a list of signs and locations
showing the general location of all 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,
requirements, and directives of the federal, state, and municipal governments 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, requirements 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 at 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
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 Enjoyment. 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
Golf Club Restaurant Lease
Page 14
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 fights pursuant to the Master Lease.
27. Condemnation. If the land and the Leased Premises leased herein, or of which the
Leased Premises are a part, 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, at
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 claim or right to claim or be
entitled to any portion of any mount 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 instruments, 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
all of Tenant's furniture, fixtures, equipment and inventory whenever acquired, their proceeds
and the proceeds of any and all insurance policies carded thereon as and for additional security
for the faithful performance by Tenant of all of its obligations hereunder.. Tenant agrees to
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 inventory 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, at 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
Golf Club' Restaurant Lease
Page 15
safety and preservation thereof. Nothing in this section is intended to restrict access to 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 repairs. Tenant expressly waives and
releases any claim, demand, or cause of action it might have by reason of any inconvenience,
annoyance to Tenant, its guests, licensees or ;nv;tees arising from any maintenance, alteration or
repair to any portion of the Leased Premises, the building in 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, pr°vided 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, vacated or vacant,
or should the Tenant be evicted by summary prOceedings or otherwise, the Landlord, in addition
to 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 otherwise, re-let the Leased Premises and receive the rents therefore and apply the
same, first to 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 payment 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, to the extent of the
difference between the rents reserved hereunder and the rents, if any, received by the Landlord
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 transferred 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 fights 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
Golf Club Restaurant Lease
Page 16
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 all persons, goods, fixtures and chattels
therefrom, by force or otherwise, without liability for damages. No right 9f 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, equipment, fixtures, or other personal
property of any kind belonging 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 party shall be entitled in such litigation, action or proceeding to also recover as part 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 governmental 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.
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 recording 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 instruments, 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 attomment 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 to execute 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 in violation
Golf Club Restaurant Lease
Page 17
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. Holding 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 consent, 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, and shall keep the walks adjacent thereto free from waste and debris, which
shall not be the responsibility of the Landlord to remove. Tenant shall store all trash in the
containers provided for that purpose.
38. Brokers. Each party 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 at the termination of this Lease, Tenant shall surrender the Leased
Premises to Landlord in good condition and repair, excepting for reasonable wear and tear and
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 equipment, 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. Governing 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.
Golf C1ub Restaurant Lease
Page 18
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. Severability. 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 in 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, remm .receipt requested, to the
address of the party as shown at the beginning of this Lease, or to such other address as may be
designated in writing, which notice of change of address shall be given in the same manner. If
not 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 extent possible,
this Lease shall be construed vis-a-vis the Landlord and Tenant without reference to the Master
Lease. However, in the event the fights 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 to 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 at 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
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.
Golf Club Restaurant Lease
Page 19
49. Guaranty. In the event Tenant hereunder is a corporation, this Lease and the
performance of all the payments, obligations, conditions and covenants contained herein shall be
personally guaranteed by the shareholders of Tenant by execution of a guaranty of lease in a form
substantially conforming to Exhibit H.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and
year above first written.
TENANT:
Shlomo's on the Green
LANDLORD:
THE CITY OF ASPEN
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
J~ohn ff.' V~0~este;, Es4.f
Attorney to the City of Aspen
Golf Department
Steve Barwick
City Manager
Golf Club Restaurant Lease
Page 20
List of Exhibits Appended to Lease Agreement
A - Description of Leased Premises
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 -.Sample Survey Instrument for Customer Satisfaction
G - Signage
H - Personal Guarantee
EXHIBIT "A"
! i
EXHIBIT "B" INVENTORY
3 TVs' 2-27", 1-32"
3 TV mounts
13 Glass Shelves
Glassware
8 stools, 3 small stools
6 blinds
2 BEC Register Systems
Bar Top and Railing- 2LG and 1 small Matting
10 Speakers
4 Domes and 8 upright light fixtures
4' prep table 4'rollaway bar
Wall coverings
21 Mahogany Tables
29 Chairs
25 Metal Tables
75 Metal Chairs
Booth Partition with glass top
3 window treatments
Bus station with reach in fridge & Storage Shelves
Floor Matts ~f
Loading Dock Racks
4 Outdoor heaters
Food Racks
Storage Room Shelves
Plates
Silverware
2 Beverage Carts
1 Utility Cart
2 Candy Machines
Also attached document which outlines equipment specified and
installed at Restaurant
R 26.2001
Specifications
Page 1 of 9
roject:
spen Golf Facility Restaurant
~wy 82
.spen Golf Course
,spen, CO 81611
:rom:
eft Katz
;ontract Purchasing, LLC
'.37 Holland Thompson Ddve
;arbondale. CO 81623
970) 704-9068 Fax: (970) 704-9731
To:
EM NO. 1 - BEER COOLER (1 ea required)
'ctic I nclustdes Model CUSTOM
alk-tn beer cooler, 6'-9" x 8'-0" x 7'-6" high. Aluminum exterior, white embossed aluminum interior. Low-profile coil.
6'9"
;if-contained top. mount air-cooled compressor. Center door in - side, hinged right.
'EM NO. 2 - BEER KEG RACK (1 ea re~luired)
~in-Holt Model BKR-80
eer Keg Rack, accomodates 1/4 & 112 barrel sizes, ali aluminum construction, width 17", lengtt~ 80". height 68". w/top shelf
ir general merchandise, capacity eight 1/2 barrels
Accessodes:
1 ea. Nexel Model 18367N Starter Shelving Unit. Wire, 4 shelves, 4 posts and plastic shelf ctiDs. 74" high, 18" wide, 36"
1 ea.
long, blue metallic epoxy powder coated zinc-chromate plated finish w/chemical conversion under coat, Nexelon,
shipped unassemblecl
Nexel Mocie118487N Starter Shelving Unit. Wire. 4 shelves, 4 posts and plastic shelf clips. 74" hig n, 18" wide. 48"
long, blue metallic epoxy powder coated zinc-chromate plate(3 finish w/chemical conversion under coat. Nexelon.
shipped unassembled
TEM NO. 3 - SHELVING UNIT, WIRE (2 ea recluired)
qexet Model 18488Z5
~tarter Shelving Unit, Wire. 5 shelves, 4 posts and plastic shelf clips. 86" high. 18" wide, 48" long, clear epoxy powder coated
_~inc-chromate plated finish, PoyZ-Bdte. shippe(3 unassembled
Accessodes:
2 ea. Model 18428Z5 Starter Shelving Unit, Wire, 5 shelves, 4 posts and olastic shelf clips, 86" high, 18" wide. 42" Iong,
clear epoxy powder coated zinc-chromate plated finish. Poly-Z-Brite, shippeo unassemoled
1 ea. Model 24368Z5 Starter Shelving Unit. Wire. 5 shelves. 4 posts and plastic shelf clips. 86" high. 24" wide. 36" long,
clear epoxy powcler coated zinc-chromate p~ated finish, Poly-7_-Brite, shippe(3 unassemDted
ITEM NO. 4 -WALK-IN COOLEPJFREEZER (1 ea recluired)
Arctic Industries Model CUSTOM
Walk-in cooler/freezer 6'-9" x 13'-6" x 8'-6" overall. Freezer compt. 4'-I" inside clear. Aluminum exterior, white em:3ossed
aluminum interior. Floor in freezer. Remote air-cooled, provide iow-profile (Space Miser) coils. Layout per drawing.
ITEM NO. 5 - SHELVING UNIT, WIRE (4 ea required)
Contract Purchasing, LLC
-., ~.~ .. Page 2 of g
· i~.~.2001 Specifications
exel Mociel 184887-5
[arzer Shelving UniL Wire. 5 shelves. 4 posts and plastic shelf clips. 86" high, 18" wide. 48" long, ctear epoxy powder coateO
nc-chromate plated finish. Poty-Z-Bdte, shippecl unassernbled v.~ - : -- - .....
Accessories:
1 ea. Model 217287_5 Starter Shelving Unit. Wire; 5 shelves. 4 posts and plastic ~e3f t:tips. 86" higt~. 21" wide, 72" long,
ciear el3oxy powder coatect zinc-chromate plated finish. Poty. Z-Bdte. shipp~d;l~nassembleo
2 ea. Model DR1824N Dunnage Racl~, Heavy Duty, one tier 18". wide, 24" long, J.9*/~,.,,:.,,e~...high, 1600 lb. capacity', Nexeton
'EM NO. 6 - CORNER GUARDS & END CAPS (1 ea recluired)
MD Stainless Model CUSTOM
tainless steel comer guar0s & end caps
rEM NO. 10 - HAND SINK (1 ea recluired)
lniversat StainleSs M0del CHS.1
,conorny Hand Sink. wail mount. 12" wide x 10" front-to-bacX x 6" deep, 16/304 stainless steel, with gooseneck fauce~.. 7"
acksptastn, inverted "V" edges on three sides, includes basket drains and brackets
rEM NO. 11 .- PREP TABLE WITH SINK (1 ea reauired)
)MD Stainless Modet CUSTOM
,'-0" x 2'-6" prep table with integral 16" x 24" x 12" deed sink. Splash at rear and left. Marine edge,front an(: right. Stainiess
teet undershelf.
Accessories:
I ea. Fisher Model 10758 Rotary Waste, 3-1/2" sink opening, fiat strainer, end caD. slip joint, ct~rome, -~ NPT male ~nct
1-112" NPT female outlet, replaces 6000. 6001.61108&. 6111
1 ea. Fisher Model 13269 Faucet. watl/bacKsplash rnount, C.C.. 12" ~ong swing spore. 112" inlets
TEM NO. 12 -SHELF, WALL-MOUNTED (2 ea recluired)
Jnlversa~ Stainless Mociel WSD-9612
Shelf, Wall-Mounted. 16 gauge 304 stainless steel. 12" wide. 8 feet long
~TEM NO. 13 - MIXER STAND (1 ea recluired)
dn~versal Stainless Mociel MS-24-S-T
Mixer Stand. open base with bottom shelf. 24" x 24". 24" high staimess sleet tOD and legs. with u[ensll :tee
ITEM, NO. 14 - MIXER, FOOD (1 ea reouire(i)
Hot3art Model A200-5002B
A200 Food Mixer, Bencr~ Model. 11516011 II2-HP motor, 20-cit. capacity bowl, 15 m~n. timer - 1 phase or~!y, ~ow~ 9uarc,
~a~ea enarnei housing, sis t3owl, alum. "S" beater & "D" w~re wrap
Accessories:
~ ea. Extended warranty. 1 year 13arts and labor (net)
iTEM NO. 15 - MOP SINK {1 ea reauired)
Universal Stainless Model MOP-20-12
MoD Sink, floor mounted. 20" x 20" x 12" deed
Accessories:
~ ea. Fisher Model 2445 Faucet. Service Sink. st~ort spout & vacuum breaker, !/2" inlet, polisne(3 chrome
1 ea. Nexet MoOel S1424Z Sheiving, Wire. 14" w~cie, 24" Iong, clear epoxy powder coated zlnc-cnrcmate etateci finish.
Poly-7-Rdte
Contract Purchasing, LLC
-~ Page 3 of 9
;o2OOl Specific~ti0ns
2 pr. Nexel Motiel AB14C Wall Mount Shelf Brackets. fixed, single Shetf. 14"
ITEM NO. 16 - SHELVING UNIT, WIRE (1 ea retluired}
Nexel Model 24488Z 24" .
Starter Shewing Unit. Wire. 4 slleives. 4 posts anti 13~astic si~etf clips. 86" high. wide. 48" '.ong, c=ear epoxy powder coatec[
zinc-chromate plateci finish, Poly-Z-Bdte, shipped unassemt3ted
ITEM NO. 17 - SINK, THRE~ COMPARTMENT (1 ea re~luired)
DMD Stainless Moaei 3SL18.2D30
Sink, Three ComDarlment. with left & right-hanti drainboards. 18" front-to-back x 18" wide sink com!3ar[ment, 14"
high sDtast~, stainless steel legs & crossraiis, 14/304 stainless steel, with 30" drainboaros
- DISHMACHINE ~TTACHMEHT
MODIFY: SPLASH AT REAR & RIGHT END. MODIFY LEFT END FOR
PUNCH FOR PRE-RINSE OVER RIGHT COMPARTMENT, PUNCH FOR FAUCET CENTERED ON TWO LEF?
COMPARTMENTS. PUNCH FOR V.B.
Accessories:
3 ea. Fisher MoOe110758 Rotary Waste. 3-1/2" sink oDenmg, fiat strainer, eno cap, slid joint, chrome..- NPT male and
I-1/2" NPT female out~et, reotaces 6000. 6001.6110 & 6111
1 ea. Fisher Maclel 13390 Pre-Rinse AssemDly, sl3tasn-mounteti mixing valve, C~C.. with s.~r~n,c act,'on fle×ible
gooseneck, with spray heati (2,6 GPM), with wall bracket
1 ea. Fist~er Moee113277 Faucet. wall/bacKsDlasn mount, 8" C.C., 14" long swing soou[. 1/2" inlets
ITEM NO. 18 - SLANT RACK SHELF (1 ea re~luired)
Umversat Stainless Motiel DTO-11W
Slam racl< st~elf, wall mountect. 102" length
ITEM NO. 19 - CONDENSATE HOOD (1 ea reauiredl
DMD Stainless Moael cuSTOM
36" x 36' x 18" stainless steel conaensate nooci.
ITEM NO. 20 - OlSHMACHINE [1 ea rec[uired)
Owner Moael BY OWNER
Disnmacnine. single tank. corner moOet, lo-rem13
ITEM NO. 21 - DISPOSER (1 ea reclmred)
in-Sink-Erator Mo~et SS-75-5-MRS ,,~ .
Disposer. w,th actaoter for 3.5" to 4" sink ooen;ng,
Accessories:
~ ea. 115v. lDn
1 ea. Fisher Moc~et 13390 Pre-Rinse Assemt~y, sD;asn-mcunm(: m~x;ng valve. 5"
gooseneck, w;th s~ray nea~ (2.5 GFM), ,.v]tn wail tracker
ITEM NO. 22 - SOILED DISH TABLE (1 ea reouired)
DMD Stam~ess Maael CUSTOM
ScLiec~ clisn taDle, "L" snaDeol 72" x 72'. Soiiea table to nave 12" drop shelf. ~5" overatL Dou=[e oversne~f for
racks. See arawmg.
ITEM NO. 24 - ICE MAKER. CUBE-STYLE (1 ea rec~uirecil
Contract Purchasing, LLC
Page 4 of 9
'/28.2001 Specifications
Manitowoc Model QD-O803W
Ice Maker. Cube-Style, water-cooled, self-contained condenser, up to 810-Ib pmductiont24 hours, stainless steel finish, dice
size CUbeS
Accessories:
1 ea. 208-230V/6011ph
1 ea. Mociel S.570 Bin. Ice. w/top-hinged front-opening door. 400-113 ice storage cal3aoity, for top-rnoumeo ice maker.
stainless steel exterior
ITEM NO. 25 - EXHAUST HOOD (1 ea recluired}
Ca0tive-Aire Model CUSTOM
Exhaust hood. Hoocl A 42' x96", Hood B 42" x 12'-6'.
only.
Stainless steel baffle filters, incsnoescent lighting, bOX style, exhaust
~'"ITEM NO, 26 -CONVECTION OVEN, GAS (1 ea.recluired} Im~3erial Model ICV-~ I
Convection Oven, Tuft=o-Flow, Gas. 2-deck, manual controls, two speed fan. dual open 60/40 sis doors W/large wmoow, s/s
front, sides, top & legs, 140,000 BTU
Accessories:
1 ea. Natural gas high altitude 8000 ft.
1 ea. Heaw duty casters (set of 4)
2 ea. Cook' and Hold feature, add suffix "-H" for one & "-HH" for two ovens, per oven
1 ea. Quick disconnect & flex nose wlrestraining device. 3/4" N.P.T. x 48"
ITEM NO. 27 - RANGE. 36" RESTAURANT, GAS (1 ea recluired)
Im~eriat Model IR-6 -. ~ :~
Range. 36" Restaurant. G~'s.'6 (28.000 BTU) Open Burners. one 2§-112" standard oven, stainless fronT. :ancing :edge. sides.
bacKguaro, ana high snmf. 203.000 BTU
Accessories:
1 ea. Not. roi gas high altitude 8000 ft.
1 ea. Swivel casters (set af 4) tWO w/orates
1 ea. 2uick disconnect & flex hose w/restrmnina device. 3/4" N.F.T. x 48"
1 ea. 11" S/S Iow profile in lieu of stand:ara ba¢;,guard (ncl
ITEM NO. 28 - WORK TABLE (1 ea required)
Unwersal Stainte.ss Model 5-SL-SLSB-30
Work Table. stainless steel too. 30" wide too. with splash at rear only, 60" !ong, w/fixed Sis unaersneif. ~,[~m~ess steel frame.
14 gauge, e/pe 304 stainless steel tod
Accessories:
~ ea. Moaet WSD-6012 Shelf. Watl:Moumem 1§ gauge 204 stainless steel. 12" w~de. 5 feet long
ITEM NO. 29 - STAINLESS WALL FLASHING (2 ea recluired)
DMD SJamtess Model CUSTOM
Wall flashing, with double hug trim sines. 72" high x 13' overall lengm.
ITEM NO. ,30 - SHELVING UNIT. WIRE (1 ea required)
Nexet Model 24368Z5
Starter Shelving Unit. Wire, 5 shelves. 4 [3oats and Dtastic shelf cribs. $6" hien. 24" wide. ~6" long, clear epoxy cc',vaer
zinc-chromate Dialed finish, Poly-Z-Brite. Sl31DDed unassemn
Accessories:
Contract Purchasing, LLC
Specifications
1 ea.
10 ea.
12 ea.
4'ea.
Mo(lei 246087.5 Starter Shelving Unit, Wire. 5 st~eives, 4 posts and plastic shelf clips, 86" high, 24" wide. 60" Iong,
dear eDoxy poW(let coated zinc-chromate plated finish, 'P01y,Z-Brite. shipped unassemt31ed
Mo(lei S1448Z Shelving, Wire. 14" wide. 48" Iong, dear epoxy powder coated zinc-chromate plated finish.
Poly-Z-Brite
Mo~lel P86Z Post, clear el3oxy powder coateo =nc-chromate plated finish, Poly. Z-Brite. 86" high, adjusts on 1'
'increments. for use with stanciar(i wire snewes
Mooel S1460Z Shelving, Wire, 14' wide. 60" long. clear epoxy powder coated =nc-chromate plated finish,
Poly-Z-Btite
ITEM NO. 35 - RANGE, 48" RESTAURANT, GAS (1 ea required)
Imperial Model IR-8
Range. 48" Restaurant, Gas. 8 (28,000 BTU) Open Burners, two 20"W x 26"D space saver ovens hold full size sheet pans.
stainless front, landing ledge, sides, ~3acl~guam, eno high sheif. 278,000 BTU
Accessories:
I ea. Natural gas-high altitude 8000'
1 ea. Swivel casters (set of 4) two w/brakes
· 1 ea. Quick disconnect & flex hose w/restraining device. 314" N.P,T. x 48"
ITEM NO. 36 - BROILER, SALAMANDER, GAS (1 ea required)
Imoenal Mo(~el ISB-36 "--'
Satamancter 8tOiler, E~it~, ~s115,estaur~nt Range Match, 38" wide. infra-re(i type ~umers. adj. sDnng ~alancec~ 4 position
putl-out racE, full width drip pan, s/s front an(i sicies. 35,000 BTU
Accessories:
1 ed, Natural gas-high altitucle 8000'
1 ea. Wall mount bracket
ITEM NO. 37 - FRYER, GAS (2 ea required)
Imoenal Model IFS-40
Fryer. Elite. Gas, 40 lb. fat cal3acity, s~ao action thermostat wlmiilivolt temperature control circuit, stainless steel frypot.
stainless steel front ann sides. 105.000 BTU
Accessories:
2 ea. Natural gas-nigh altitude 8000'
1 ea. Joiner sad
2 ea. Casters (set of 4)
2 ea. 3/4" N.P.T. x 48" flex hose & quick ctisconnect w/restraining aewce
ITEM NO. 38 - GRIDDLE. COUNTER UNIT, GAS (1 ea required)
Anetst3erger Brokers Mo(lei MG24X60
GolclenGrill Griddle. counter unit. gas. 314" thick hareeneo steel griddte plate, ~0" w~de x 24" ~,eeD grdl ~rea. manual controls,
safety pltots, sDarx igmtor, s/s front, trough & spmsn guarc~s
Accessories:
1 ea. One year tirol[ecl pa[rs anc~ service warranty is st~noaro
1 ea. Naturalgas
I ea, Removal31e s/s cutting boar(Is & brackets (consult factory, for oric[ng)
~ ea. Mooel GG 36" groove(i griddle sec[ton. ~eft s~c~e
~ ea. Artec Moclel 075G~36K Gas Connector Kit. 3/4" NPT. 36" long Fiex-con coatec 'hose. w/one ad brass quick
Qisconnem. restra~mng cable w~haroware. (btister 13acke(i)
ITEM NO. 40 - REFRIGERATED COUNTER, GRIDDLE STAND (1 ea reouireci)
Ran~e~t Mooet 20065R
Contract Purchasing, LLC
Specifications ~age 6 of g
Refrigerated Counter. Eclui~ment Stand. ~vo-sec~on. with "four drawers: 's/S~t0i~'& ~er fronts, w/non-spill.edges, aluminum
interior liner, painteO ends, clesigned for remote refdgera~on system, no compressor, remote model
ITEM NO. 4S . COOKS TABLE (1 ea required)
RanOell MoDel CUSTOM
Cooks Table. Left to right: 60" refrigerated sandwich top, door on left. drawers on right, remo[e~ 18" sec~on with built-in t~ot
food well with dr'~n. 208/1; 36" freezer se~on, door t~inged left, remora: 24" section with integral sink with gooseneck faucet
and 8" diameter trast~ chute: 60" refrigerateO san~vich top with doors, remote. See drawing
ITEM NO. 46 .OOUBLE PASS-THRU SHELF (1 ea reauimd)
DMD Stainless Model CUSTOM
· Pass thru-shelf. 18' x 10'-0'.
ITEM NO. 4/' - HEAT LAMP. ROD TYPed rec~uired)
APW Wyo~t MoOet-FD-48H ..........
Heat [.amD. tubular'metal heater rod. single l~eater rod housing, stainless stl const., with hig~ wattage e~ements. 48" long,
1265w
Accessories:
2 ea. 120v. 1-pn
ITEM NO. 49 . EXHAUST HOOD Flee PROTECTION (1 ea recluired)
Tricount'y Fire Protac~on Mo0et ANSUL
As requ~ree ~y co~e. Coordinate toca~on of pull station with Fire Oel~t. Coorciinate [~l~ing in walls with
ITEM NO. E0 . WINE CHILLER [2"ea required)
Wine C~iiler of California Mooet VC-§00
Wine cooler, temperature controlleD. 49 -314"' overall length
ITEM NO. ~,~ . STAINLESS STEEL SERVER STATION (1 ea recluired)
OMD SL~:-~=ess Mo~el CUSTOM
Server s:.~;~on. 2'-6" x 12'-0".
ITEM NO. E2 - ~OS SYSTEM (1 ea rec~uired)
Owner Mo~el POS
~=rovide~ by owner, verify conduit runs ,~ne etectnc.~ reeu~rer~ents
ITEM NO. 53 . UNOERCOUNTER REFRIGERATOR (1 ea recluired)
True Foo~ Service Mo0el TUC-27
F~efrigeramo Counter. Unclercounter. one-section, with odor. reacts-in, with $[a[niess stee~ top, stainless ~:~e~ e~er~r.
mummum interior, with rear-moume~ setf-commne~ re,rig system. 1/5 HP. ~ 15,:50/I
Accesso~es:
~ ea. Warranty. 1 year parts ~ncl labor (ncl
~ ea. Warranty. ~t year comDressor (seif-conteene~ only) (nc)
ITEM. NO. S4 - HAND LAV ~1 ea reouirecll
DMD Staimess Mooet CUSTOM
~2"×14"x10" c:ee0 nancl lay, integral with Ss too. [nc~uc~ecl in Item #51
Contract Purchasing, LLC
',~.2001
Specifications
Page ? of 9
Accessories:
I ea. Fisher Moae! 3116 Faucet. deck-mounteci duat control, 12" rigid gooseneck sl~out. 112" inter
ITEM NO. 55 - COFFEE~EVERAGE EQUIPMEHT (1 ea recluired)
Venctor Mo~le! BEV
Verify recluirements with venclor.
ITEM NO. 60 . COCK'I'AIL STATION I1 ea recluired)
Universai Stainless Moclel DLCS-36.TC
Cocktail station. 36", 7 circuit cold l~late
ITEM NO. 61 - SHELVING, WIRE (3 aa required)
Nexet Moclel S1430Z
Shelving, Wire, 14' wide, 30" long, (:lear epoxy powder coa[ea =nc-chr0mate platea finish, Poly-Z.-E~rite
Accessories:
4 ea. Moc~el P34Z Post. clear e~oxy pow~ter coated zinc-ct~romate ptatecl finish. 34" high, aajusts on 1" increments, for use
with stanaara wire st~etves
ITEM NO. 62 - DRAINBOARD (1 ea reuuired)
Universal Stainless Moclel DLDB-30
30" dramt~oara
ITEM NO. 63 - GLASS WASHER, UNDERBAR TYPE ~1 aa recluired)
Gtastenaer Moael GT-18
GIass Washer. Unclemar Type. low temperature chemical sanitizing, door type. *, 8" wicJe c~t~Jnet, strn~gnt in o[:eration.
stamtess steel finish
ITEM NO. 64 . HAND SINK (1 ea recluirea)
Umversal Stainless Mo(: el DLHS. 12
HancllDumD Sink
ITEM NO. 65 . DRAINBOARD (1 ea reouired)
Umversm Stainless MoDel DLDB-36
3§" dramt~oara
ITEM NO. 66 - COC~I'AIL STATION {1 ea recluirea)
Umversal Stainless Mooet DLCS;36-TC
Cocktail station. 3B", 7 circuit cold plate
ITEM NO. 67 - BAC}(BAR STORAGE CABINET. REFRIGERATED (2 ea reauirea)
True Fooa Service MoDel T~B.2
BacKDar Storage C,~Dinet. Refrioeratecl. 2-section. 37" high. ccnaensmg unit on ~ert. vmw s~aes, stemless tao, w~[n wnw-cJaa
aoors. 11§t6011 ' '
Accessories:
2 ea. Warranty- t year Parts ancl lal~or
2 e~. Warranw. 4 year cemDressor [se~f-containeo envy) (ncl
2 ea. C.~sters;set of 4
Centract Purchasing, LLC
26,2001
Specifications Page 8 ofg
ITEM NO. 6B - HAND SINK (1 ea recluired)
Universal Stainless Model CHS-t
Economy Hand Sink, Wall mount. 12" wide x 10" front-to-back x 6" deeD, 16/304 stainless steel with gooseneck faucet. 7'
backsp!ast~. Inverted "V" eclges on three sides, inctucles basket drains and brace(ets
ITE.M NO. BO ~STE~oMSYSTE.M (1 ea required)
Pertick Model
Draft beer system, 4-faucet Perlick Century System. Brass tower, four faucets. 75' run from Deer cooler to Dar (PVC by
others).
Accessories:
1 ea. Model CUSTOM Installation of Century Beer system
ITEM NO. 100. HAND SINK (1 ea recluired)'
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"
backsptasn, inverted "V" eclges on three sides, inC~u~les basket drains ann brackezs '.
ITEM NO. 102 - GRIDDLE, COUNTER UNIT, GAS (1 ea recluired)
Anetsberger Brothers Moclel MG24X60
safetyG°JdenGrillpiJots.Griddle'sDarX ignitor,C°Unters/sUnit'front.gas'trough3/4" &thiCksplasnharc~enedguardsSteet grfddle plate. 60" wide x 24" deep gritl area. manual controls.
Accessories:
1 ea. One year limited pairs and service warranty is standard
I ea. Natural gas
1 ea. Removable ~,s cut'dng boards & brackets c
1 ea. Model GG ~r,,,,,,,~ ...... ( onsuit facto for pdcing)
1 ea. 36 ~ ....~,~ _uno, die section. Jeff side ry
Av~ec Modet 075GP36K Gas Connector Kit. 3/4" NP'I'. 36" long Ftex-con coa[e0 hose. w/one all brass cu~c~:
disconnect, restraining caDle w/hardware. (blister packed)
ITEM NO. 104 - REFRIGERATED COUNTER, SANDWICH TOP (1 ea rec/uirect)
True Foo~l Service Model TSSU-48.12
Refrigerated Counter. Sandwich ToD, tWo-section, with doors, stainless steel top w~th tweJve-r~an ooenmgs, s[a~niess stee~
ex, error.Accessories:aluminum interior, with rear-mounted self-contain ecl refrig system. 1/3 HP. NSF.7. 115,:60/1. w/casters
1 ea. Warranty. 1 year parrs and labor (nc)
1 ea. Warranty- 4 year compressor (self-containecl only) (nc)
ITEM NO. 105 .'REFRIGERATED COUNTER, SANDWICH TOP ('1 ea recluired)
True Food Service MOClel TSSU-60-16
Refrigerated Counter, Sano'wich ToD, tWo-section, with odors, stainless steel too 16-pan opening, stam~ess s[ee~ ex, error,
a~ummUmAccessones:mter~or, with rear-mourned self-contained torrid, system. 1/3 HP. NSF-7 115/(~0/1. w/ca stets
1 ea. Warranty. 1 Year parts ancl labor (nc)
1 .ea. Warranty. 4 year compressor (self-conta~neo oniy) (nc)
1 ea. Sneezeguard oDtion
ITEM NO. 106 - EXHAUST HOOD (1 ea required)
Contract Purchasing, LLC
Specfficafions
Page 9 of 9
,,,,~c~et ~ q$~L =-~naust hooo fire ~rotect~on as requirea.
REMOTE REFRIGEP~T~ON (1 ea reouirect)
' ~:'~qer~:ion Mo~ei CUSTOM
weik-~n c~omrs, provide r~ncl instaJJ remo:e compressors including ail p~ping, racks, controls, charging, start-up anc~
year warranty.. .
~. ~ 08. ~NSTALLAT/ON (1 ea reclu/red)
"'~.;ng Moc~ej CUSTOM
."~crr~:e'~ccntrac:~rs.~ssem°Je, set-in-Dzace for finaj conne.c:~on Dy others. ~evei. c~-uik r~nc: c=oroina:e eClui~rnent Jns:aJla:ion with
Contract PurcJ~asing, LLC
"EXHIBIT C"
LIST OF IMPROVMENTS BY TENNANT
1. remove banquet partition between bar and restaurant and restore
final finish
Golf Club Restaurant Lease
Page 21
EXHIBIT 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:
Current Index Number
Base Index Number
"Price Index" for the first month
= of next Lease Year
"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, in 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.
f) 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
EXHIBIT "E"
PROPOSED _MENU
BREAKFAST:
EGGS:
Two eggs any style
Additional items (e.g. bacon; sausage)
.............................. $ 4.50
.............................. $ .75
OMELETTES:
Egg W~ite Omelette
Vegetarian Omelette
Cheese Omelette
Deli OmeIette
Juevos Rancheros
Build Your Own Omelette
.............................. $ 7.95
............ : ................. $ 7.95
.............................. $ 7.95
.............................. $ 7.95
.............................. $ 7.95
.............................. $ 7.95
(All the above Kg a~l omelette or, ers come with O'Bdan gotato~s aad a choice of toast)
BREAKFAST SPECIALTIES:
Challah French Toast
Bagel, Lox and Cream Cheese Platter
Bagel and Cream Cheese
Cheese Blintzes
Pancakes
Short Stack (2)
BREAKFAST SIDES:
.Assorted Danish
Muffins
Toasted Bagel
Assorted Cold Cereals
Hot Cereal
.............................. $ 5.95
.............................. $11.95
.............................. $ 2.25
.............................. $ 5.25
.............................. $ 5.95
.............................. $ 3.95
.............................. $1.75
.............................. $1.75
.............................. $ .95
.............................. $ 2.25
.............................. $ 2.25
BEVERAGES:
Orange Juice
MiIk; Chocolate Milk
Coffee; Decaf
Espresso
Cappuccino
Hot Tea; Herbal Tea
small
large
.............................. $1.25
.............................. $ 2.25
.............................. $ 2.50
$1.25
LUNCH:
SOUP:
Daily Soup Special
SALADS:
Garden Salad
Israeli Salad
Oriental Chicken Salad
Greek Salad
Tuna Salad
Chicken Salad
Chef's Salad
cup
bowl
.............................. $ 2.75
.............................. $ 3.75
.............................. $ 4.25
.............................. $ 5.95
.............................. $ 6.9'5
.............................. $ 6.95
.............................. $ 6.95
.............................. $ 6.95
.............................. $ 6.95
SANDWICHF&
Turkey Sandwich
Reuben Sandwich
Com Beef Sandwich
Tuna Salad Sandwich
Tuna Melt Sandwich
Veggie Melt Sandwich
Chicken Salad Sandwich
Chicken Breast Sandwich
Grilled Cheese Sandwich
.............................. $ 7.95
.............................. $ 7.95
.............................. $ 7.95
.............................. $ 7:95
.............................. $ 7.95
.............................. $ 7.95
.............................. $ 7.95
.............................. $ 7.95
.............................. $ 5.95
(Ail of thc above sandwiches will come with a choice of co1¢ slaw. potato salad or french fries, and with a kosher dill pickcl)
FROM THE GRILL:
Hamburger : ............................. $ 7.95
Hot Dog ..............................
Chicken Breast .............................. $ 7.95
Philly Steak .............................. $ 7.95
ball of~e above $ntl items will come with a choi~ of cote slave potato salad or french fi[es, and ,,~,ith a kosher dill pickell
E'd SgS~-SgS-OLS u~i~e4oS ~ed d6~:~O ~0 80
EXHIBIT "F"
MINIMUM LEVEL OF CUSTOMER SER VICE
SUR VEY FORM
Please circle the appropriate response
I found the restaurant staff to .be friendly and accommodating:
Excellent' Good Poor Unacceptable
I found the menu selections to be in line with a golf/tennis club setting:
Excellent GOod Poor Unacceptable
The quali~, of the food and the preparation were:
Excellent Good Poor
The cleanliness of the restaurant was:
Excellent Good Poor
The food was prepared in a timely fashion:
Excellent Good Poor
Unacceptable
Unacceptable
Unacceptable
EXHIBIT "G" SIGNAGE
All design, size and layout to be approved by City
Hwy 82 Sign
Truscott Drive "T"
Below Awning Six square foot sign on Restaurant Side of Building
Menu Board at 9th Tee
Menu Board at Tennis Facility
Golf Club Restaurant Lease
Page 23
Exhibit H
GUARANTY OF LEASE
FOR VALUE RECEIVED, and in consideration for, and as an inducement to the
aforesaid Landlord to make'the foregoing Lease with ~/~z.~x/~. ~,~ 77/~_ ~ ~ r~ as Tenant,
the undersigned ,~}/6~6vJ~/~ ?[..?~(ga_~v~ 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 rights or remedies reserved to
Landlord pursuant to 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 all 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,
whether or not the undersigned shall have received any notice of or consented to such renewal,
modification or extension. The undersigned further agrees that his liability under this guaranty
shall be primary, and that in any right 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. The undersigned further represents to
Landlord as an inducement for Landlord to make the Lease, that the undersigned owns 100% all
of the entire outstanding capital stock of 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, provision, 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 nor 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 witfiin Lease, such reference shall be deemed
likewise 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.