HomeMy WebLinkAboutresolution.council.061-04RESOLUTION NO.
Series of 2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A RESTAURANT LEASE AT 455 RIO GRANDE PLACE, BETWEEN
THE CITY OF ASPEN AND STEVEN C. SKLAR, AND AUTHORIZING THE
MAYOR OR CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF
THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a restaurant Lease
Agreement for lease of 455 Rio'Grande Place, between the City of Aspen as Lessor and
Steven C. Sklar as. Lessee, a true and accurate copy of which is attached hereto as Exhibit
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that restaurant Lease
Agreement for 455 Rio Grande Place, between the City of Aspen and Steven C. Sklar, a
copy of which is annexed hereto and incorporated herein, and does hereby authorize the
Mayor or City Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the ~ day of~k~.200~~~~~~~t~
Helen Ka~ll'ff Kla~demd, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a tree and accurate copy of that resolution adopted by the City Council of the
City 0fAspe. n, Colorado, at a meeting held on the d stated.
'~' .... Kathryn S. ~/h; Ci~Cle~k
TLO- saved: 6/21/2004-255-G:\tam~Resos\455 Rio Grande.restaurant.doc
LEASE AGREEMENT
455 Rio Grande Place 2004-2007
THIS LEASE AGREEMENT is made and entered into this day of
by and between The City of Aspen, 130 South Galena Street, Aspen, Colorado 8161 ~
and Sreven C. Sklar, Aspen, Colorado 81611 ("Tenant").
,2004
("Landlord")
WITNESSETH:
WHEREAS, Landlord is the owner of the real property and all of the improvements~ thereon,
lcnown as 455 Rio Grande Place, Aspen, CO, located in Pitkin County, Colorado; and,
WHEREAS, Landlord desires to rent the Leased Pr~m!ses, consisting of all of the bottom
floor of the building aforementioned and referred to herein as the ."Leased Premises," in accordance
with the terms and conditions contained in this Lease Agreement; and,
WHEREAS, Landlord represents the Tenant that the zoning applicable to the Leased Premises
permits the intended uses of the property as set forth herein; and,
WHEREAS, Tenant desires ro lease from Landlord the Leased Premises in accordance with
the terms and conditions comained in this Lease Agreement; and,
WHEREAS, the City of Aspen desires to enter into a short-term lease pending the outcome
and decisions based on the Civic Center Master Plan; and,
WHEREAS, the City of Aspen desires some continuity in the interim.
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:
Lease of Premises. Landlord does hereby rem ro Tenant the following described
premises, subjecr ro the covenants and conditions hereinafter contained, ro wit:
(a)
That portion of 455 Rio Grande Place, Pitldn County, Colorado, consisting of
restaurant and kitchen area permanent refrigeration, stove hoods, and lighting
of type and style outlined in the attachments for the term, at the rents, and upon
the conditions and covenants hereinafter set forth. Except as outlined in
Section 2(a), below, taking possession of the Leased Premises by Tenant shall
constitute acknowledgment that such premises are in good condition and
Landlord shall nor be required to make any alterations thereto, unless agreed to
in advance and in writing by the City of Aspen and Tenant.
Equipment, Fixtures and Finishes Provided by Landlord and Tenant
(a) Tenant represents that he has had an opportunity to review the building for the
Leased Premises.
(b)
The Landlord shall furnish Tenant with certain fixtures and those items of
moveable equipment (equipment that is not attached or otherwise built into the
premises) described in th~ inventory appended hereto as Exhibit B. Tenant
shall furnish other fixtures and articles deemed necessary by Tenant for its use
of the premises but not enumerated in Exhibit B, at Tenant's expense. Such
fix~ures~'eqiilp~, atid'~les' Sh~lFb~'-s~ld't0 I;'ai-/dib/:d at th~'end of the
lease period, at Landlord's option, for a price not to exceed the'original
purchase price less normal depreciation. (Tenant shall provide the Landlord a
bill of sale and schedule of useful life for any fixtures or equipment that
Landlord requests at the commencement of this Lease.) All items of
equipment and fixtures set forth in 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 the termination of this Lease 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 or incapable of
repair, Tenant shall neither be required to purchase a new piece of equipment
or fixture nor shall the Landlord be obligated to purchase new equipment or
substitute equipment that can't be repaired with working equipment. Special
or time sensitive maintenance other than routine maintenance as required by
warranties covering individual pieces of equipment or fixture is supplied by
Landlord as indicated on Exhibit B; and provided further, that Tenant operates
the equipment or fixture in accordance with any operatiorial manuals supplied
by the equipment or fixture manufacturer.
Term. Unless sooner terminated, as provided herein, the term of this Lease
Agreement shall be for a period of three years. The lease term shall commence at .8:00
AM on July 12, 2004 and shall expire at 8:00 AM on May 1, 2007. Tenant's
occupancy of the Leased Premises during this term shall be limited by paragraph 4,
below.
Occupancy 0fthe Leased Premises. Tenant shall be entitled to occupy the Leased
Premises throughout the term of the lease; provide, however, that Tenant uses the
premises as set forth in Paragraph 5 below; and,
(a)
Tenant may operate the restaurant facility seven days a week. The hours of
operation of the restaurant facility Shall. be between the hours of 5:00 AM and
12:00 AM.
2
n~s~c~ of ~y l~d, nor for ~y p~os~ or in ~y way ~ viola~on of
laws, ~s, rsq~m~nm, orders, directions, or~n~ses or r~la~ons of
~:fi:~ Stat~ of Colorado, 'Co~ P1~dn, Ci~' of Aspe~ or other m~icipM,
.la~ au~ofi~ wha~o:v:r. T~n~t shM1 not do o: p:~t ~g to b~
L~d Pr~cs or b~g or k~p ~g ~cr~ which ~11 ~ ~y ~ay incrcas~
cxpc~a, comply ~ ~y ~d ~ rcq~cmcn~ pc~ing ~o ~ Lc~cd Prsm~scs of ~y
~cc cowrMg ~c LC~cd Prc~s. T~n~t sh~ promptly comply ~
s~, ~ctu~g i~mIladon of ad~don~ facRid=s ~ rcq~d for ~ conduct ~d con~c~ of
T=n~I's b~ss on ~¢ L~cd Pr~s~s. No auction for ~¢ or b~p~cy
conducted on ~ L~d Prm~s~s ~ou%L~ord's co~nt .
6, S~.rvio¢ to .Patrons/No DissEmination. The service provided to Patrons by Tens~t shall
be rendered courteously and efficiently, Landlord reserves the fight to prohibk the sale of any
item ttmt it dee.ms'objectionable, ~md stmtl have thc right to order the. ~mprovement of fac quality.;.
of either the. merchandise or the services rendered.' Landlord's .fight to prohibit the sale of any
item shall not bo unreasonably withheld. Tsn~ni shall not dis~m~uate against any employee .or
apptlcm:t for e.mployme, nt because of race., religion, color, creed, smce.sWy, max, .age, sexual
orientation or nalionsl oriffin. Tenant smd Tens_nt's omploye~s shall not di.~cr}mi~ate agsinst any
person because of race, religion, color, crse~l, ancestry,.s~.x, age, sexual orienZation or national
origin by relying to furnish such person any service or privilege o:~cred to or '~nj oycd by the
ge.ne.ral publi~, Neithe~ Tenanf nor Tenanfs employe~-s shall publicize, the. serwices provided
herennde.r in any marmot tha~ would directly or infe.renTially reflec% on the acceptability of *.he
pa~ons of any person because ofra~e, .retigion~ color, creed, anoest~, sex, age., sexual orien~a~on
or naiionat or~gin,
7. Entertainment. Live m~tarta[nmani and ths'us~ or play[nc of televisions, stereo
sysmms, games, Sad the type and volume of music, shall bs approved by Landlord before
implementation.
8. 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 $900.00 per month.
This minimum rental is payable in monthly installmems due on the fifteenth day of each
calendar month during the term hereof without prior demand. Prior to the first day o£the
lease, the Tenant shall provide the City of Aspen with a deposit in the mount of $5,000 to
cover damages and unpaid rem and utilities at the point when the lease expires.
9~' Acco'm~inf= N/A.
10. Late 'Charges. The Tenant hereby acknowledges that late payment by 'Tenant to
Landlord of rent or other sums .due hereunder wilt-Cause Landlord to incur costs -not
contem.ptated by this Lease, the exact amount of which shall be extremely dif~icu~i to'ascertain.
Such costs include, but are not limited to, processing mud accounting charges and ~he late
charges. Accordingly, if any bona fide installment of rent or an~ other sum due. from Tenant
hereunder shell"not be received by Landlord or Landlord's designee on or. before the
(20th) day of each calendar month that a rent payment is due, then Tenant shall pay to Laudlord a
late charge of ten pe.?cent (10%) on such overdue amount.. The parties hereby agree thai such a
late charge will represent m fab and reasonable se~cment of the cost that Landlon~ would incur
by reason of the late payment by Tenant A~ceptance of such lee charges by Landlord shall in
no event constitute a waiver of Tenant's default wkh respect to such overdue amoUUt, nor prevent
Landlord from exercising muy o'f the other right¢ and remedies granted hereunder uzfless the
entire mnount due, plus lac charge, is accepted by Landlord. In addition, any sum for which thc
Tenant shall be obligated to the Landlord, wtfich is not received on the duc date khereof, shall
bear interest at the rate.often percent (10%) per annum from and after the due date until paid.
11. Pers6nal and· Real Pro.pcr~y T~e_s. Tenant shall pay, as additional rent hereunder,
att personal 'properly.taxes assessed zEa~t fl~e personal property used By Tenant and located on
the .Leased Prcmis'es. Likewise, Tenant shall be responsibte.f~r any and all' sales, usc,·
wittfl~oldin~ and other re×es assessed against the Leased Premises for Tenant's business operation
therein..Landlord shall pay any real estate taxes assessed upon the Leased Premises, ¢×ccpt for
leasehold property interest'taxes referenced above.
12. .Fire and Casualty Insurance. The Tenant, at its own cost and expense, shall
provide mad keep in fl_ill force for.the.benefit of the Tenant' smd the City and the' Lm~dlord (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.pe~_n'ls' vandalism,
malicious mischief, and liability~ Such insurance shall, provide protection to the extent of'a least
one hundred per.cent (100%) of the insurable reptacgment cost of the building containing, the
,Leased. Premises. In connection herewith, it is aclmowledged that Landlord, )[or ease of
· administration, is.carrying such insurance upon the entire Facility. Accordingly, Tenant shall
pay to Landlord Tenant's pro.rated share of the insurance premium LandlOrd pays to' insure the
Leased PremiseS. This premium shall be paid to Landlord..within ten (10) day~ of Tenant's receipt
of notice o~ the amount due from Landlord. Throughout the term of this Lease, the Tenant shall
cmry and maintain in effect casualty insurance covering it~ trade fixtures, equipmenl,
funfishings, leasehold improvements"and plate glass, wl~ch insurance shall protect against fire,
nonnal extended coverage perils, vaudalism, malicious mischief, and sprinkler malfanct/on.
Such insurance shall provide coverage to the extent' o£ at least one hundred percent (1007/o) o£the'
insurable replacement cost of the insured property. Both the Landlord ~ud the Tenant waive any
rSght of subrogation that their respective insurers may acquire against either of them. Both of
.flxese waivers shall chromatically terminate at such time as either party's insurer requires that.an
additional premium be paid as a consec uence of this wMver provision. ·
lB. Liability iusuranca. The Tenant, at its own cost and .expense, shall provide ~d
k~p ~ ~1 forc~ for ~ b~n~t of~e T~n~ ~d ~ L~tord (~ n~d or ad~t~om~
d~g ~ tc~ hereof or ~y cx~c~on or r~new~ period, gcncr~ pubic Hab~i~ ~.n~c~ for
clams of H~b~l~ ~siug ou~ of, occ~ion~d by or ~cs~t~g ~om ~ ~ccidont or o~c~sc ~ or
aborn thc Lo,cd Presses, for Piw .H~cd ~ous~d Doll~s ($500,000.00) mack occ~cncc
or ~s~bmcs JcohoHc b~vcrag~s on ~c Lc~d Pr~misc% T~n~t sh~ c~ li~bili~
for such mc~vi~ ~ li~ts ~ ~ s~c ~o~ts ~ stead above. ~ policy or poticims
comp~s auto,zed ~o do b~css'~ dis Smt~ ~d s~l n~c L~ord ~ ~ ad~on~
i~cd. Tcn~ mh~l provid~ cVidcncc of such ins~cc covcrag~ mo L~ord p~or to
· co~cnc~m~m of ~ t~ hereof ~ T~n~t Jso ay~s to ~d sh~l save: hold ~d k~p
h~l~s~ ~d ind~ ~ L~dlord ~om ~d aE~ ~y ~d Jl pa~nts: c~=nscs, costs,
z~om~ys' fmcs ~o~ d~agc ~o prqp=~ or ~j~cs m.p~rsons oc=~ion=d ~holly or in p~ by
or r~s~g ~om ~y mots or om{ssio~ by ~c Tenet or ~y subtcn~ ~si~ees or successors.
If for ~y re.on $ a r~s~t ofT=n~t's acd~dcs, usa, o~ b~ss, it sh~ b~ ~possibl~ to obt~
fir~ ~d o~sr h~'d insm'~ss on ~s b~gs ~d ~prowm=nts on d~ Lo.sd Pro. sss, in
~s Lease ~d ~ m~ hcrcof, upon giving m Tenet f~ocn (15) days notice in ~idnE of
Landlo~'d's lntcnti0n to do so m~d upon th~ m:pirafion of thc zhnc p:'ovidcd in sa~d notice, this
Lcas~ m~d tim ttrm hereof shall tcrminam. If by reason of the usc of fl~c Lo. cd Prm~is~s by
Tenet or by ch~aczmr or m~ar in which ihs Tenor's business .is ca=lcd on, L~dlord%
rent, fac ~ounm b~. w~ah ~ prcmi~z for such insurans~ arc increased. Th~ Tenant waives
gl r~ght~ of rccovc~ ~nst d~c L~dlord or L~dlo~d's' agents, employees or
representatives, for ~y loss, d~uagcs.or inju~ of ~y nature whm~ocwar to prop=~ o~ persons
for wt~ch ~s Tan~t i~ ~s~cd, .Each p~y shMl give duc o~cr pa~ promp~ coils6 of any
con~ clauses subs~Jly a~il~.to ~c
~a) Nonvithstandhug any other provision in this policy, the insurance
afforded hereunder to the Landlord shall be primary aa m any other inert'arise or
reinsurance coveting the Landlord and such other insurance or reinsurance ~h~lt
'not Bs requh~ed to contribute to any liability until faa apprqpriats lirnh of liability
afforded hersnnder is e>~austed,
(b) This policy may not be canceled or changed until foal-five (45) days
after receipt by Landlord of a vadtten notice of such canc~llmiion or change in
coverage, as endorsed by receipt of a certified letter, unless such canc~Ilation is a'
result of nonpayment of premiere due, in which cas. e, this policy may not be
canceled nntil ton (1 O) days after receipt by Landlord of a wvri~n notice of such
cancellation, as endorsed by receipt of a ccrfffied letter.
!5. Uiililiss amd B/laintenance. T~namt shall pay its .prorated share of all charg~.s for
gms, clcslricity,'watcr, sewer, telephone 'and cable ~lcvision (separately contracted for by
Te~mut), mud trash removal or other utility and rn~ntenance services used by time' Tenmut in or
about the Le~sed Premises during the term of this Le~se. This percen~ sh~ll be determined as
45% of the to~.l ulility b'.zlls whed-icr or not thc City of Aspen recicves a notice for. payment for
these udlides Upon receipt of a smtement from Landlord for .Tenant's sh~re of such udtity or
m~in~cnmuc¢ service charges,'Tcnant st~l] pay the same to Landlord vjthi~ ten (10) days. If muy
charges are not p~id when due, Landlord may p'ay the sene, mud mny ~rnonnt so p~id by Landlord
shah thereupon become due to Landlord f~0~' Tenmui ~s ~difion~l-fSfff. For tho-6~Y-utility chiYgcs
that are not separately metered mud for which the pm-ties hays ag-mod upon a pro-rated shoe, tho
pm-des ~q~rce to determine a ffmir sh~re and altocat¢ that sh~re between the pm-tics.
1~. · 'kltcralJonsTh~' improwments ~o be.mad~ by Tenant ar~ tiered on-Exhibit C
appended hereto. No alterations, additions, or improwm~n~s sh~l b~ made, ~d no ~x~s sl~l
~n senses of ~ L~dlord. Unless 'o~cr~sc provided hcrci~ Jl such Jtcr~ti~n~ ad~fions
or improvements (includh~g those l~stad on Exhibit C) x~]~cn made, installed in or'attmched ~o the
s~id L~as~d Prcm~scs, shah belong to and bccom~ th~ pa-epoXy of thc Landlo~-d m~d shall
· su~cndcrcd wifl~ fl~c' LEased Premises as pmx thereof upon thc cxpirgion or sooner 't~rmin'ati~n
of fl~ls Lc~e, without h~sa~ mo'Iteration, or inju~. Notwl~stand[ng that they may
bscomc'~ intcgrJ p~ of ~c Lcascfl Premises, Landlord may' require Tanrest to remove ail or
~y p~ of such .altcraffons, addk~ons, improvements or fix~cs, at thc expiration .or earlier
ts¢~ination of this Loess, restoring fl~c La~sd Premises to thc s~c condition ¢xisfing
bagi~n~ of tl~ ofiEinJ tc~, .ordin~ wc~ ~d ts~ excepted. If L~o~d
Tenet sh~l rcp~ Jl d~agcs r¢sulfing from such rcmov~ ~d should'Tanrest f~l to. rcp~
d~aEas r~s~ting from such remove4 Lm~dlord may rcmow ~c s~c or m~t~ such rsp~s for
Tcn~t's acso~t~ ~d Tenet shall pay to Landlord, on d~m~d, ~ ~o~t cqu~ to L~dlord's
costs ~c~sd in Such rcmov~ or roper. All work wi~ respect to ~y p¢nni~sd
ad~fions, 0r improvcmcn~ shJl be' done at Tenor's sole expense in a good ~d
manncr~ sUdctly in acsord~cc ~ fl~c plans and spcc{fisafions approvs.d by Landlord. ~ doing
s~d ~0rk, ofl~cr Tcn~ts of L~dtord (if any) cheil not bc adversely affected nor ~re~onably
insonvcn{cnccd. Tenet sh~, at its o~ expense, obtain' Jl ncssss~ b~lding or o~cr ps.ts
or approvJs rcqu~d by appropffats govc~cn~ au~ofifiss prior to bc~m~ng such work. If
~y mcsh~cs' or o~cr liens shah bc created or,flied agent ~c Leased Pre. scs by
labor psyched or matsfi~s ~ishsd for ~¢ Tenet in thc ~tm'afion, addition o~ r¢p~r to any
'b~l~nE or ~provcmsn~ ~¢ Tenet sh~l wi~n ten (~ 0) ~ys ~crc~cr, at ~ Tcnm~f's own
co~% ~d 'cxpcns~, cause such ticn or iic~ to bo satisfied ~d disch~gcd of record
~y Notices of Intention ~at may ~vc been filed. FJt~¢ to do so sh~ ~nfiflc L~dlord
· rsso~ to such rcmcdi~ ~ ~ provid¢d hero. in ~¢ c~c of ~y default of ~is Lcas¢~ in 'addition
'to such ~ ~ ps~cd by law. ~y goods, invcntow or o~cr. psrsonJ propc~ of Tenet not'
~cd to ~ Dc~d P~cmiscs ~d not removed by Tenet upon ~ tc~nafion of ~s LC~c, or
upon ~y q~E, wca~g or ab~do~snt of ~ Lc~¢d Prcmlscs by ~ T~n~%
Tenant's .c~cfion, shJl be co~idcrs~ ab~donsd ~d L~0rd sh~l hays ~c fiEht, ~fl~out ~y
notice to ~ Tcn~ lo sci1 or'o~c~sc ~sposc of~¢ s~c, at ~c c~cnsc' of ~¢ Tsn~ ~d
shJl notbc acco~tabl¢ to ~ Tenet for ~y p~ of~c proccs~ of such s~¢,
obs~t ~e sldewJl~. ~vew~ys, y~, en~:es, h~ways. ~d stoa, but sh~l keep ~d
or ~y d~ag¢ m ~e gl~s N ~e L=~ed Pr¢~s¢s, or ~e demncfion of, or d~age of ~ ~d
whatsoever to fl~e Leased Premises, Caused by ~he c~etes~ess, negligence or ~prop=r ~ondum
on flee p~ offl:~ Tcn~t or ~e Tenor's seen:s, employ=es, gu:sCs, licenses, ~vitees, subtendS,
assiD~e=s or s~cessors, the Tenet sh~] rep~ ~e s~d d~age or r=plac¢ or restore ~y
des~%,:fl p~s of fl~e Lo,cd P:-mnises, as speedily as possible, m tim Tenant's ov,,n gem m~d
lC. Damage zo Premises. If fl~e Leased Premises shMl be so dmnaged by fire or off, er
hata~trophe (whith i¢ nm ca. ed bj, flJe' fault or neg!igancs of the Ttnm~i or imputable
Tenant) as ~o render s~d Lc~a~ Premises ~ien~iabla, ihs Ten~ fl~crcupon shall su=endar the
Ls~ad Pra~is=s ~o fl~a Lm~ord. Th~ Tenant ~h~l pay ran% duly a~pon~onad, up zc ~aa nzma of
such ta~afion office Lc~a. No~,ithst~diflg ~e foregoing, in liau of any terra, arian of
Lo.a, L~ord m~y ~l~ct, .as ~ solo option, ~,i~h ~, (30) days ~tr ~ ovom of such
~ag~, to tongue ~o La~e wiflxout ragm-d of such d~aga, whereupon L~ord sh~] a~ its
pa~od d~g w~t ~m Trna% sh~ b~ dap~wd of~ ~ of smd La~6d Ym~s~s by rz~on of
such d~agc ~d ~ rep~ ~of: ~ smd L~d Pr~ses, >~oui ~c fa~t of ~e T~n~
sh~ ~ slightly d~ag~d by ~e or o~r ca~ophe but no~ so as zo r~nd~r
~mn~tabla for ~ subst~fi~ period of~e, ~c L~or~ ~=r r~cmv~g no2ce ~ ~g of
~ ogc~ance of~: ~j~q sh~] ca~: ~='s~ ~ b: rgp~gd v~ r=~o~bl= prompm~ss; ~d
~ such even% r~i ~i be propo~onai~13, abat~ accor~g to ~c loss of ~e: ~i ~e Lc~ad
Prc~es ~e ~s~fi~y restored,
19. Sublease/Assignment. Tenant shall not .assign, sublease, mortgage, pledge or
o~e~ise h~o~sat¢ cz ~sfer ~1 or ~y p~ of Ten.t% leopold es~e h~reund~r: or
~e La~d PreSses or ~y posen ~er~of to be occupied by ~yone v~i~om L~dlord~s prior
~¢n co~cnt ~ ~ach ~c~, w~ch co~ent s~ not ~c~onably
Tcn~ h a oo~o~fio~ ~csc pro~sio~ sh~ apply to ~y ~fcr, s~e or o~¢r ~sposidon,
whm~=r wot~ or ~vol~, of ~y ~ook ~ Tm~1 or ~o ~F ~crg~, co~oH~on or
~ssoludon or ~5, o~cr ~acfio~ ~e effect of w~ch wo~d %e ~ ~y way ~o avoid or
c~c~vcm such pro.bi.om. ~y ~Ji~cni or ~btc~g
P~a~aph sh~ b~ void ~d s~, at ~e option of ~e L~or~
20, ]viaintenange and ?.eosJrs. Tenant shall dm~g
con.riCh ~d rcp~ .~q~ to ~a~ w~ch a~cd m ~e co~cnc=mcn~ of
Pre. scs ~d evc~ p~ ~¢rcof, ~clu~g ~out ti~i~g
pl~b~g ~es, ~n ~e Leased PreSses, re~gerafion, =lmc~c~ ~es' ~d ~g
toyings,. ~dows, doors, plam gl~s. a~gs, ~d ¢n=~c~s. L~ord s~l have
r¢4ponsib~U for ~c rep~ ~d m~ten~cc of ~e b~l~g
~c~J ~t~%~ of ~y ad~fio~ sto~es above ~ Lc~d Prem~os, ~d s~, a~ ks c>~ense
provide major rep~s ~d req~efl r~pl~omcnt to mech~ic~
Presses ~m w~re o~g~5' provided by ~e L~ord. Major
a~'ced to be ~ost ~,Nch cosz more ~ ~500.00 for each sNgle
L~ord provided ~fi~ly wh¢n cons=ucnon was
holder a~ *~e lease holders sole cost ~d re:pete) ~d ~e req~ed to provid~
and serviceability thereof and there, from currently existing. Absent such agreement, Landlord
shall have no obligation .to execute sucli repair or replacement, but in -the event Lan'dlord
determines to effectuate such repair or replacement, Landlord shall have ~e sole discretion to'
21. ~. ~ Tenet sha~] not plac~ nor ~1i_~ to b~ pieced. ~7 signs of any
whatsoever, upon, M or about ~e said Le~d Pr~mises 0r ~y p~ thereof, ~xt~pi e'f a d~sign
~d s~nt~e ~d ~ or at such places ~ may b~ indicated ~d consented to by fl~e L~dtord in
wfiiing, tn c~ ~e L~dlord or th~ L~dlord's agent, employees or r6pres~ntaiives shall deem ·
. it n~cess~, to remove ~y such s{g~ in order to pa{ut or m~ ~y r~pa{rs, alt~ra~ons or
{mprovem=n~ ~ or upon ~e L=~=d Premises, they sh~l ~e replaced at ~e Landlord's
whgn ~2 said repairs, alterations or imProvtm~nts skil have b~n son{pl=t~d. ~y signs
pe~{~md gy fl~ L~dlord shMl at ~ t~es co~o~m ~ ~1 m~cip. J ordln~s~s or other laws
~d reg~atlo~ appScable ~er~to. ' '
22. ' Compliance with Law. Tena~i shall obtain and pay for ali permits or licenses ttxat
may b'e required for the operation of the Leased Premises in accordance herewith. A copy of
suer permits or licenses shall be submitted to Landlord for verification Of ttfis requirement prior
to occupancy. The Tenant shall promptly comply with all laws, ordinances, rules, rDgulations, '
requirements, and directly/es of the federal, state, and m~mJcipal governments or pub}ic
authorities 'and of ail their departments, bureaus and'subc!i~sions, applicable to and affectiqg the
Said Leased. Premises, their use' and occupancy., and shall promptly comply with ali orders,
regulations, requirements and directives of the Board .~fFire Underwriters or similar antho~ty
and of any insurance, companies which have issued or are about ~o issue policies of insurance
covering the 'sMd Leased Premises' and its contents, for the prevention of ~e-. or Other casualty,
damage or injury, all at Tenant's own cost and expense. Tenant shall obtain ~d maintain, during
the life of this Le~se,"worker's comp,rmation insurance and employer's liability 'insurance for
Tenant's empI?yees in strict compliance M~ state laws. Certificates evidenshng such insurance
or approved self-insurance shall be submitted to Landlord prior io occupancy.
Tenant shall not use the Leased Premises for any purposes deemed unlaw~, disreputable, or
extra hazardous.
23.
Quiet Enjoyment. So long as the Tenant is not in default t~ereunder dUrh~g
fl~e term hereof or any ~enewal or eXtension hereof, the Lma~Ilord covenants that
the Tenant slmI1 peacefully and. quietly occupy and enjoy ~he Leased Pren-~ses
subject to the. terms hereof. The' Landlord warrants thai it has full power and
authority to execute this 'L~ase, Be bound by, and. perform all its obligations
hereunder.
24. Conderrmation. If~he land and the Leased Premises leased herein, or of which the
.Leased Premises are a part, or any portion hereof, shall be taken reader eminent domain or
conden~xation proceedings, or if suit or other-action shall be 'institutet for the taldng or
condemnation thereof, or if in lieu of any formal condemnation proceedings or actions, if any,
the Landlord shall grm~{ an option to purchase and/or shall sell and convey tho said Laa~cd
Pr~m~s~ o~ m~ po~on tha~tof, to th~ ~o~,~r~anm~ or elba' p~bl~d aud~or~t~ ag~ncy~ body
Lc~a~ at the option of Lm~filorfl, shall tc~inatt and fl~a tc~ hcr6of shall and as of such data
~c Lmadlord shall fi}t by notice fl~ ~rking; and tint Tents shall ha¥c no claim oz right to claim
of such condemnation procssfiings or pa/d ~ thc purchase price for such option, sale
congcymncc in lieu of fo~] condemnation proceedings; an~ al] r~ghts of ~c Tenant to
o~c~ public au~ori~, agency, body, or publl$ u~li~ sssldng to t~cc or acquire ~c said l~ds
~d Ls~efl Premises or any po~ion thereofi ~e Tenet coven~ts ~d agrees ~o vacate s~d
Le~ed Prenises, remove Jl the Tenor's psrson~ prope~ thtre from ~d deliver up
possession' ~ereof ~o the L~dlord or to such o~er p~ flssl~mied by ~e L~dlord
~oremenfonefl notice, Fjl~e by ~e Tenet to comply, w[~ ~Y proyisions ~ ~s clause shall..,.
subj. ect ~e Tenet to such costs, e>¢ensss, d~ages ~d losses ~ ~e L~dlord.jnay
re,on of~e Te~t's breach hereof.
25. Landlord's Lien. Tenant hereby grants to Landlord ~ security h~tsrest in any and
all of Tenanfs fumituze, fi~e's, eqUipment and inventory when~¥er acquired, their proceeds
and the proceeds of any and all insurance policies sm-Hsd thereon as m~d for additional secm-iry
for the fakh~l performance by Tenant of all of hs obligations hereunder. Tenanl agrees 1o
execute and: deliver to Landlord, upon request, such additional documents as Lmadlord 'rnay
require.to establish and perfect such security interest including, without tirrdtmtion, a financing
statement in form satisfactory to Landlord, w~ch is to be cxecute~l and deliwered by Tens_ut to
Landlord. The exercise by Landlord of any rights in s.nd ~o such furniture, :~x6_zres, equipment
and inventory upon ~efanlt hereunder shall be governed by Article 9 of the Colorado IJniform
Cornm~r~ial Code, as in effec~ a~ the !ime of s6ch d~faul% but such exsrcise shat] not preclude
Landlord from exeraising any or ail other rights and remedies hereunder or as ]provided by imw.
26, Inspect[on and Repair. The Tenant agrees that the Landlord mud ihs Lamdlord's
agents, employees or other representatives, shall have the fight to enter flare and upon the Leased
Premises or any part thereof, at all reasonable hours and upon reasonable notice, for the purpose
of ex~nkning the s~rne or matting .such repairs or alterations there~ as may be necessary for tl~e
safety and preservation thereof. Noth~g in'this section is intended to restrict access tO the
premises by an authorized City of Aspen inspector conducted pursuant to l~w, [ncluding, but not
limited to Environmental Health employees conducting routine health ~nspsctions. 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 m make such inspection or repairs. Tenan~ e>¢ressly wa/wes mud
releases may claim, demand, or cause of action ii might h~we by reason of any incon~,enienoe,
m:moyance to Tenant, its guests, licensees or inxdtees arising from may ma/nmnance, alteration or
repair to mn5' portion of d~e Leased Premises, the buildLng in which it is located or the property
upon which ir is situate. Tenant grants to Landlord the right to temporarily discond_uue utilities
or a~y of them at any such time or times as may be necessary by reason of an5, su'ch maintenance
w6rk, alteration or repair.
27. Landlord Remodel of Premises. In the event Landtor~ desires to remodd any
portion of the Leased Premises during the ta~m of this ls~e agreement, it may do so, provided ~t
is solely at L~dlord's expanse ~d,. provided ~her, ~at ~y remodel work commansed by
L~dlord shall not int~rfara wi~ or dismpt"Tanant's business wifluin tbs L~ramisg-~ -
28. Default. tf thar~ should occur any default on the part of the Tenant in the
performance of .any conditions or covanan.ts herein contained or if, during the terra hereof,' the
Leased Premises or any part the~.of shall be or becom~ abandoned or deserted, vacated o~
vacant, or should the Tenant be evicted by summary proceedings or othamds~, the Lar~ilord, '~n
addition to .any other remedies herein contained or as may be permitted by law, may either by
forc~ or otherw{se, without, being iiabl~ fox' prosecution fl~erefore or for damages, re-enter tim
said Leased 'Premises and a~ain possess the same with or' without terminating this Lease; and 'as
agent for the Tenant o~ oth~rgdsa, re-let the Leased Premises and receive the rents therefore and
apply th~ saree, first to the payment of such expenses knd costs, 'as the Landlord may have been
put in re-entering and repossessing the same and in maldng such repairs smd alterations, as .may
be necessary; and second to the payment .of the rents due hereunder. Whether or not'. the
Landlord shall ts.rm, i~ate 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 .tim extant'
of the di'fferc, nc¢ between the ranis reserved hereunder and the ~ents, if any, received by the
Landlord during the remainder of?he unorpired 'term hereof, after deducting the aforementioned
· exPenses, fees, and oasis; the same ~o bo paid as such deficiencies afl. se and are ascoztained ~ach
month. In midifJon, upon any such default or if Tenant be adjudicated 'a lmnkmpt, insolvent or
placed in .rocaiwership, or should proc.oed~'n~s. 1Sa instituted by or against the Tenant for
bankruptcy, insolvency, roceiyership, agreement of composition or assigmneni for the b~nofit o£
· creditors, 'or if ttis Lease Or faa esmta of the Tenan! hereunder shall bo ~ans£ar~od By virtue of
any court procoadin~'s, Vrfit of axacufion'or levy sale, the Landlord'may, ffthe Landlord so elocts,
at any time thereafter, terminate this L~aso, upon vrfitten notice to .T. ~nant or to any trustee,
receiver, or other person in charge of or ac. ting as custodian of the assets or property Of the
T¢nant In the' awnt of default, except in the payment of rent or 'additionaI rent hereunder,
Landlord, prior to the exercise o~ any of its rights or remedies heraundoA shall give Tenant notice
of such default together with a ton (]0) day right to cure should.such default be in the payment of
any other sums due Landlord hereunder or a twenty (20) day r{y:j~t ~o cn~e should such default be
in any of the othor conditions or corona, nfs of this Leas~ to be performod by Tenan% m~tass the
· same by tis or ?hair nature requira immediate or earlier a~ontion. Upon the.giving of such notice,
rifle. Lease. and th~ term hereof shall, unless ~he default shall he cured during the applicable'
period, and, on the date fixed in such notice as if the said date were 'ori~inally fixed in this Lasso
for th~ expiration hereof; and tho Landlord shall have tho right ia 'remove att persons, goods,
fixiu~as and cha~tols therefrom, bY force or otherwise, wi?haut liability ~or damages. 1~o right of
r6dempi~on shall be exercised render any present or ffutm'e laTM of the State of Colorkdo in case ?he
Tenm¢i shall be Ctispossassad for an), cause or if tho Landlord shall, in any other manner, obtain
and ~nmras! of the lan~t in ~d to {h~s Laas~, and on any fum[sh~ng~ equipment, fixtures, or
by d~a Tanmi md for the pm-pose of sacm-[n~ ~a parfom~ca of all of tim Tananfs obligations
under t~s La~a. Such 'lfan shM] bs in ffddk[on to al~ r[~h~s of the L~dlord 2iwan under statutes
ofi~s Sate, ~n~ch ~a now o~ sh~l harbinger b~ in ~ff~ct.
between ~c p~cs hcrcm ~g o'= of ~c pcrfo~cc or non-pcrformm~c~ of ~a Lcasc~ or
pravJi~g p~ shall ba an~tlefl ~ such litigat{on~ amgen or pro,ceding to ~so recover ~ p~ of
~y jnd~n% ~d or o~r ~Hef, ks re, enable a~omeys' f~s ~d cos~ inched.
30. - Delays.. %Vhenever a period of due is provided [n this Lease for eifl~er L~dlord.;-~
or Tenet {o do or p~o~ ~Y act or thug, nei~r L~dlozd nor Tonal shaU be tim~le or:
responsibl~ for p~o~g ~Y obhga~on hereunder as a res~t of ~y ~avo~dabte delay due ~o
s~lkes; lockout, casu~ties, acts of God, or o~er govc~n~ rc~a~o~ or con~o] or o~cr
cm~s beyond such p~'s r~onabl~ consol, ~d ~ ~ for p~ffommc~ specified h~rc~
sh~l b~ ~xt~nd~d for s pe~od of~ co=mspon~ng to ~ch d~lay.
vcith respect to any mortgages or trust deeds now or boreal-mr placed upon the Leased ?remises
or the building.' The recording of such mortgage Or mortgages shall have preference amd
precedence and be superior and prior in li~ti m this Lease, '[rrespectiYe of the da~e of recording
nec~ssm-y or .desirable, m further effect the subordination of tt~i.~ Least to any such mortgage or
agreements thru may be required by the holder of any .mortgage or trust deed no-~ or hereafter
placed upon th~ Leased Premises or the .building or by the Owner of th.~ building in which'the
such recording in violation hereof shmlt be considered s slander of Landlord's title mud a breach of
this entire Leas~. This co¥~nant shall survive the ~.xpiradon or e. arI{er termination of this Lease.
32. Holding Over. This Lease shall expire of its ova ac6ord'without notice at ~e end
possession of d~ Lc~ed Praises-~d~ ~ L~dlord~s cons~m, ~uch holing over sh~I be ~
od~e~s~ subject m Jt ~:e obligations m~d oondldo~ of d~is Lsat.
33. Cumulative 1Kemed~es. Tine various riglxts, remedies, options and elections of the
Landlord e>cpresssd herein are cumulative and the failure of the Landlord to enforce., strict
perfom'lmace by tiao Tenant of ttae conditions and covenants of tl~is Lease' or to exercise any
election or opt[on or to resort or have recourse to an), remedy· herein conferred-or the acceptance
by rise Lanrilord of any installment of rent after any breach by .the Tenant, in. may 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, electiohS-or rems ~-d]~-, but tlxe same
shall continue in full force and effect.
34. Cleanliness; Waste and Nuisance. Tenm~t ohM1 keep the Leased Premises at all
times in a heal, clean and sanitm-y condition, shall neither commit nor permit any waste or
nfiisance tt.~ereon, and shall keep the walks adjacent thereto free from waste and debris, which
shall not be the responsibility of the Landlord to r.emove. Tenant shall store all trash in the
containers provided for that.purpose.
35; ' Brokers. Each party represents to the other that'it has had no dealings with my
real esfate broker 'or agent in comaecfion wiflx the negotiation of this.Lease.
36.' 'Waiver. No waiver by Landlord or Tenant of any provision of tl~is Lease shall be
effective'unless in writing nor shall such waiver be deemsd a waiver of an.y other provision.
hereof, nor of any subsequent breacl~ by Tenant of the same or of any other provision.
37. Surrender of Premises. At the end of ~e 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 t5 Landlord in good condition and repair, excepfin~ for rsasonable wear and tear and
acts of God. ~enant shall have' the right at the end of the term hereof'to, kad upon demand by
Landlord Tenant shall, remo~e any equipment, furniture, trade .fixtures not affixed to the 'realty,
.and other, personal property placed ~ the Leased Premises by Tenant and Tenant'Shall promptly
repair any damage to the Leased Premises caused by such removal.
38. Governing Law. This Lease shall be constmsd 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 jm-hsdidtion in Pitldn County.
39. Tkne.ofEssence.' Time is of the essence with respett to the performmac[ of every
provision of this Lease in which the time ofp,rformanc¢ is a factor.
40. Sevembility. 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
inv. alid or uneiaforceable by a court of competent jurisdiction or by operation of any applicable
law, it s~,alt not affect the validity of any other clause or prouision herein, b~t such other clauses
or provisions shall remain in full force and effect.
12
person or by mailing such
a~cctcd b7 '~d in co.{ct ~ provisions of ~c ~tcr Lc~a, such ~m to adhere to ~c tc~s
provision sh~l con~ol. .:
{ncluds ~c appropriate gender 0z 'n~mbcr ~ ~c text cftc ~ Lease may rsq~c.
'44. T~n~t is ~ t2flapcndsnl Con=actor. ~ Lc~s is .mot a con. act of
employment.
bc~ssn L~orfl
Lm~orfl. Tense sh~l at Jl t~es Be deemed to be ~ ~depsnfle~ con=actor. Tenet is not
an~o~zed.to
~s Le~e sh~l ms~ ~d include ~e Execuffve Dbsstor of the L~dlord ~d ~y o~er agent or
employee of ~s %~dlord decimated b7 ~e Director' ~ffx *~s resp'ons[bSi~ of e~orcing ~y of
~e ts~s of ~s Le~e.
45, B~g Effecn ~l ~e te~s, covan~%, ~d con,ties hsre~ contained shM1 be
for ~d s~l ~=e to ~e benefit of ~d OhM1 b~fl ~e respes~ve p~es hereto, ~d ~ek he~s,
executors, a~s~ators, psrson~
46.
perfom~mse
psrson~l/ g~med
fo~ provided by L~ord.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year
above frrst written. ' ·
TENANT:
APPROVED AS TO FORM:
LANDLORD:
The 'City o f Asp en
APPROVED AS TO CONTENT: '
J ~:P: i~ ~rc~s/'t~c~r, 'ESq.
Attorney to the City of Aspen
~--'~,l~City Manager
Asset Management