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HomeMy WebLinkAboutresolution.council.087-99 f',. RESOLUTION NO. 87 (SERIES OF 1999) A RESOLUTION GRANTING THE USE AND OCCUPANCY OF THE CITY OF ASPEN ICE GARDEN FACILITY TO THE TRASHMEN OF ASPEN HOCKEY CLUB, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council a short term lease agreement for use and occupancy of the City of Aspen Ice Garden facility between the City of Aspen, Colorado and The Trashmen of Aspen Hockey Club, a copy of which contract is annexed hereto and part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. Section One That the City Council of the City of Aspen hereby approves that the short term lease agreement between the City of Aspen, Colorado, and The Trashmen of Aspen Hockey Club, regarding the use and occupancy of the City of Aspen Ice Garden facility, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to f', execute said contract on behalf of the City of Aspen. Dated: .JetTto-~ ~ I ,1999. '7.~ Rac el E. Richards, Mayo I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolu . on adopted by City Council of the City of Aspen, Colorado, at a meeting held , 1999. ~,Jk Kathryn S. h, City Clerk r'<. EAA-G:\john\word\resos\n-aslunen.doc Attachment ~ CITY OF ASPEN SHORT TERM LEASE AGREEMENT FOR USE AND OCCUPANCY OF THE CITY OF ASPEN FACILITY THIS LEASE AGREEMENT was entered into on September ,1999 by and between the City of Aspen, a municipal home rule city, referred to as lessor, and The Trashmen of Aspen Hockey Club Wily Manering 408 Aspen Airport Business Center, #202 Aspen, Colorado 81611 referred to as lessee. In consideration of the mutual covenants contained in this agreement, the parties agree as follows: I. Description of Premises. Lessor leases to lessee and lessee does hereby rent and take as lessee the following City of Aspen facility under the terms and conditions of this lease agreement: City of Aspen - Ice Garden. 2. Ingress and Egress. Lessee shall have the right of ingress and egress into the above referenced City facility and the following appurtenant areas within the facility, but r'.. acquires no other right in any other part of the building than the parts specified: Lobby, rink areas & locker rooms 3. Purpose. Lessee represents that the above-described premises are being rented for the purpose set forth below and for no other purpose whatsoever without the written consent of lessor endorsed on this lease agreement: To be used for the presentation of hockey games on Saturday evenings & Sunday mornings. Game dates and practice times will be scheduled with the arena manager. A copy of the game schedule will be attached to this agreement. 4. Term. The term of this lease agreement shall begin on October 1, 1999 and continue until the rink closes in the spring of 2000. 5. Quiet Enjoyment. Lessor agrees to permit lessee, upon faithful performance of the terms and covenants of this lease agreement, to peaceably and quietly have, hold, and enjoy use of the demised premises for the purpose and for the term stated above. ~ 6. Furnishing of Services. Lessor shall furnish the following: - Rink staff for front office services and ice resurfacings ~ _ Ice resurfacings prior to the start of the game and after 2nd period. - Use ofrinks score clock and PA system. Seating shall be arranged by lessor as follows: - No special seating will be provided except as already is provided in the east end bleacher and along the south side walkway. Lessee agrees to furnish the following: ,~ - Game Schedule to be attached to this agreement - Security presence composed of off duty or on duty police officers. - Crowd & building control to include exits, admissions/exiting, spectator seating and viewing areas - Ticket sales and ticket collections - Scorekeeper, announcer, penalty box, referees & other game officials. - Food sales are allowed provided that nothing is sold that is currently offered in the rink vending machines. - Beer sales provided the appropriate licensing is obt;lined and the laws of the State of Colorado governing such sales are adhered to. . -Lessee agrees to have the rink area and locker rooms cleaned by a cleaning service at the completion of the Saturday night game. Should it become necessary a clean may be requested after the Sunday morning game. 7. Rent. Lessee shall pay to lessor, at lessor's office for the use of the demised premises and facilities the. sum of $ 160/hr for prime ice and $120/hr for non-prime ice. Ice.will be billed from the start time of the event until the spectators have been cleared from the facility. Lessee will be billed monthly for practice and game ice usage. Lessee shall pay to lessor on demand any sum that may be due to lessor for additional services, accommodations, or materials furnished or loaned by lessor to lessee. Lessee shall permit lessor, in case of lessee's failure to pay any such sum, to take from any box office receipts or any other advance receipts belonging to lessee a sufficient amount to secure lessor against loss. 8. Surrender of Premises. Lessee shall quit and surrender the demised premises and all equipment contained on and in the demised premises to lessor at the end of the term of this lease agreement in the same condition as at the date of the commencement of this lease agreement, ordinary use and wear excepted. . 9. Rules and Regulations. Lessee shall abide by and conform to all rules and regulations from time to time adopted or prescribed by lessor for the government and management of the facilities. r--. 10. Employees of Lessee. Technicians, stagehands, coaches, assistants, and other 2 ,~ personnel, if employed by lessee, are employees of lessee, and lessee is responsible for payment of workers' compensation, unemployment insurance, social security, and withholding taxes in connection with all such employees. 11. Compliance with Law. Lessee shall comply with all laws of the United States and of the State of Colorado, all ordinances of the City of Aspen, and all rules, regulations and requirements of the police and fire departments or other municipal authorities of the City of Aspen. Lessee will not do or suffer to be done anything on the demised premises during the term of this lease agreement in violation of any such laws, ordinances, rules or requirements. If the attention of lessor is called to any such violation on the part of lessee or of any person employed by or admitted to the demised premises by lessee, lessee will immediately desist from and correct or cause to be corrected such violation. 12. Intoxicating Liquors. Lessee will be allowed to sell beer or wine provided the proper licensing is obtained from the City Clerk and provided that all laws of the State of Colorado governing such sales are adhered to. f',. 13. Defacement. Lessee shall not injure, nor mar, nor in any manner deface the demised premises or any equipment contained in or on the demised premises, and shall not cause or permit anything to be done whereby the demised premises or equipment in or on the demised premises shall be in any manner injured, marred or defaced. Lessee will not drive or permit to be driven nails, hooks, tacks or screws into any part of the building or equipment contained in the building and will not make or allow to be made any alterations of any kind to the building or equipment contained in the building. 14. Damage to Premises. a. If the demised premises, or any part of the building on the demised premises, or any equipment located on the demised premises during the term of this lease agreement shall be damaged by the act, default, or negligence of lessee, or of lessee's agents, employees, patrons, guests, or any person admitted to the demised premises by lessee, lessee will pay to lessor upon demand such sum as shall be necessary to restore the demised premises or equipment contained in or on the demised premises to their present condition. b. Lessee assumes full responsibility for the character, acts, and conduct of all persons admitted to the demised premises by the consent of lessee or by or with consent of any person acting for or on behalf of lessee. Lessee agrees to have on hand at all times, at lessee's own expense, such police and fire force as is determined necessary by the Aspen chief of police to maintain order and to protect persons and property. 15. Loss of Equipment. All equipment entrusted to the care of lessee or on the demised premises during the term of this lease agreement which shall become lost, stolen, or disappear shall be the sole responsibility of lessee. Lessee shall be responsible to pay full replacement costs to lessor. r-.. 16. Advertisements. Lessee will not post or exhibit or allow to be posted or exhibited signs, advertisements, show-bills, lithographs, posters, or cards of any description inside or in 3 f', front or on any part of the building except upon the regular billboards provided by lessor therefor, and will use, post, or exhibit only such signs, advertisements, show-bills, lithographs, posters, or cards upon the building as related to the performance or exhibition to be given in the demised premises, and for such period of time as designated by lessor. Lessee shall take down and remove all signs. advertisements, show-bills, lithographs, posters, or cards of any description objected to by lessor. 17. Audience. Lessee shall not admit to the demised premises a larger number of persons than the seating capacity thereof will accommodate or that can safely or freely move about the demised premises. The decision of the facility manager of lessor in this respect shall be final. 18. Lost Property. Lessor shall have sole right to collect and have custody of articles left, lost, or checked in the building by persons attending any performance, exhibition, or enter- tainment given or held in the demised premises. Lessee or any person in lessee's employ shall not collect or interfere with the collection or custody of such articles. f',. 19. Sales on Premises. Lessor reserves, and at all times shall have, the sole right to sell or give away refreshments, beverages, candies, sandwiches, and other merchandise, and to rent and sell opera glasses, and other articles, to conduct checkrooms, to control programs and to supervise the contents thereof, to take photographs, to control and supervise radio or television broadcasting or recording and transcription rights and equipment, and other privileges. Lessee shall not engage in or undertake the sale of any of the above-stated articles or privileges, without the prior, written consent of lessor. 20. Fire Hazards. a. Lessee shall not do or permit to be done anything in or on any part of the building, or bring or keep anything in the building, which will in any way increase conditions of any insurance policy upon the building or any part of the building, or in any way increase the rate of fire or public liability insurance upon the building or property kept therein, or in any way conflict with the regulations of the fire department or with any of the rules, regulations, or ordinances of the City of Aspen or in any way obstruct or interfere with the rights of other tenants in the building or injure or annoy them. b. Lessee shall not, without the prior, written consent of lessor, put up or operate any engine or motor or machinery on the demised premises or use oils, burning fluids, camphene, kerosene, naphtha, or gasoline for either mechanical or other purposes or any other agent than gas or electricity for illuminating the demised premises. 21. Assignment. Lessee shall not assign this lease agreement without the prior, written consent of lessor nor suffer any use of the demised premises other than as specified in this lease agreement. ~. 22. Rent Refund. If lessee, being entitled to possession under this lease agreement, fails for any reason to take possession of or to use the demised premises, no rent refund shall be made and the full rent called for by this lease agreement, including any disbursements or 4 f', expenses incurred by lessor in connection therewith, shall be payable by lessee to lessor, as liquidated damages and not by way of penalty. 23. Staff. Lessee understands and specifically agrees that lessor does not furnish any staff not otherwise provided for in this lease agreement. 24. Damage to Building. In case the building or any part of the building shall be destroyed or damaged by fire or any other cause, or if any other casualty or unforeseen occurrence renders the fulfillment of this lease agreement by lessor impossible, including, but not limited to, requisitioning of the demised premises by the United States government or any arm or instrumentality of the United States government, this lease agreement shall terminate and lessee shall pay rental for the demised premises only up to the time of such termination at the rate specified. Lessor hereby waives any claims for damages or compensation should this lease agreement be so terminated. 25. Evacuation of Building. Lessor reserves the right to evacuate the building during any activity in progress when it is deemed necessary for the safety of the general public. 26. Control of Building. The building, including the demised premises and the keys thereof, shall be at all times under the charge and control of the facility manager who shall be appointed by lessor. o 27. Default in Rent Payment. Lessee covenants that if any default is made in payment of rent or any part of the rent at the times specified above, or if any default is made in any covenant or condition contained in this lease agreement, then this lease agreement and the relation of lessor and lessee, at the option of lessor, shall cease and terminate and the relation of the parties shall be the same in all respects as if the term had fully expired. Under such circumstances, lessor may reenter the demised premises and hold them as of its former estate, remove all persons from the demised premises, and resort to any legal proceedings to obtain possession. Lessee, shall in spite of such entry, pay the full amount of rental as agreed to be paid in this lease agreement. r-. 28. Indemnification. Lessee agrees to indemnify and hold harmless the City of Aspen, its officers, employees, insurers, and self-insurance, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury sickness, disease, death, property loss or damages, or any other loss of any kind. whatsoever, which arise out of or are in any manner connected with this lease, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the lessee. Lessee agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense' of the lessee, or at the option of the less<;Jr, agrees to pay lessor or reimburse lessor for the defense costs incurred by lessor in connection with, any such liability, claims or demands. The lessee also agrees to bear all other costs and expenses related thereto, including court costs. and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false or fraudulent. 5 ('. Lessee understands and agrees that ice skating and ice hockey are dangerous activities for participants and observers and involve risks to persons and property. Knowing these risks, lessee, nevertheless, agrees to assume them and hold lessor harmless. 29. Insurance. (a) The parties hereto understand and agree that lessor is relying on, and does not waive or intend to waive by any provision of this lease agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, et seq. (b) The parties. hereto further understand and agree that lessor is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to lessee for inspection during normal business hours. Lessor makes no representations whatever with respect to specific coverage's offered by CIRSA. (d) All insurance policies carried by lessee, its officers, or its employees, shall be primary insurance, and any insurance carried by lessor, its officers, or its employees, or carried by or provided by lessor shall be excess and not contributory insurance to that provided by lessee. The Trashmen of Aspen Hockey Club will carry liability insurance with the minimum combined single limits of one hundred fifty thousand dollars ($150,000) each occurrence and six hundred thousand dollars ($600,000) aggregate. The policy shall include coverage for bodily injury, broad form property damage and personal injury. The City of Aspen will be named as an additional insured on the policy. (c) ~. 30. Lien on Box Office Receipts. Any sum due lessor from lessee for lessee's use of the demised premises or any accommodations, services, or materials shall be a first lien on box office receipts of lessee. 31. Management of Funds. In the handling, control, custody, and keeping of receipts and funds, whether they are received through the box office or otherwise, lessor is acting for the accommodation and full benefit of lessee. As to such receipts and funds, lessor shall be responsible only for gross negligence or bad faith. 32. Manager of Building. Any matters not expressly provided for in this lease agreement shall be in the discretion of the facility manager. 33. Binding Effect. This lease agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties. ~" 34. Governing Law. It is agreed that this lease agreement shall be governed by, construed and enforced in accordance with the laws of the State of Colorado. 6 r--. 35. Entire Agreement. This lease agreement shall constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of this lease agreement shall not be binding upon either party except to the extent incorporated in this lease agreement. 36. Modification of Agreement. Any modification of this lease agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party . 37. Waivers. Waiver by lessor of any breach of any covenant or duty of lessee under this lease agreement is not a waiver of a breach of any other covenant or duty of lessee, or of any subsequent breach of the same covenant or duty. 38. Remedies of Lessor Cumulative. The remedies given to lessor in this lease agreement shall be cumulative, and the exercise of anyone remedy by lessor shall not be to the exclusion of any other remedy. 39. Time of the Essence. It is specifically declared and agreed that time is of the essence of this lease agreement. ~ , 40. Paragraph Headings. The title to the paragraphs of this lease agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this lease agreement. IN WITNESS WHEREOF, each party to this agreement has caused it to be executed on the date indicated hereinabove. By: ~ LESSEE: Title: . - v LESSOR: CITY OF ASPEN,'COLORADO By: ~, Reviewed and Approved by: 7 . f', (', (' .J ----?' ~ 6].,.....4~../-( :-o-<---~~ / Facility ger Approved as to form: W((l~ Attorney's Office JPW-9/20/99-M:\city\cityatty\forms\leasefac.doc /()/2!q<J I 8 . Addendum #1 - November 9,1999 o To: Trashmen of Aspen Hockey Club From: George Pucak, Mgr. AIG This memo will be attached to the lease agreement and will serve to clarify several issues between the Trashmen of Aspen Hockey Club (henceforth - Trashmen) and the City of Aspen (henceforth - City). I. Paragraph # 19 of the lease agreement conceming Sales on Premises shall be changed as follows: Lessor reserves, and at all times shall have, the sole right to sell or give away refreshments, beverages, candies, sillldwiches and other merchandise. Lessee shall not engage in or undertake the sale of any of the above stated articles or privileges, without written consent oflessor. ~ I ' 2. The Trashmen are given permission by the City to conduct and partake in the following activities during their home games at the Ice Garden. a) The Trashmen may sell team merchandise in the rink during home games. If the Trashmen desire the Ice Garden will sell team merchandise through the rinks Pro Shop. b) The Trashmen may sell, or contract to sell, food and beverages including beer, during home games at the Ice Garden, provided no food or beverages duplicate those items already offered in the rinks vending machines and the laws of the State of Colorado concerning the sale of alcoholic beverages is adhered to. c) The Trashmen will have the right to control program content of the hockey games, to take photographs, to control & supervise radio and television broadcasting orrecording. Modifications or changes to the facility are subject to approval of the rink manager and the associated costs will be the responsibility of the Trashmen. r--.