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HomeMy WebLinkAboutcoa.cclc.mall.lease.2006 MALL ADDRESSES -SQUARE FOOTAGE - 2006 _May 15th through October 15th 2006 Charges for 2006 will be from June Ist through Sept. 30th = 122 days Parks revenue account - 10000-00000-66140 Pacifica - 920-977~ . Russell Hoftberger '~ () \, ,..-- 71 l- 307 S. Mill CJ.--A--V\ ') l ~. Aspen, Colo. 81611 (608 sq.ft.) 2006 2.50 x 608 sq.ft = $1,520. x 12 = $18,240 .1.365 = $49.97 a day x 122= $6,069.50 19x32 Total $6,069.50 Paid check # Red Onion - 925-9043 David W~lbert ~ 420 E. Cooper Aspen, Colo. 8161 10x21 (210 sq.ft.) 1-'')5 0 l~ Total $2,105.72 2005 2.50 x 210 sq. ft. = $525. x 12 = $6,300.1. 365 = $17.26 day x 122 days = $2,105.72 Paid check # D-19 - 925-6019 D Craig C0~dL Pearce - (J r:~ 307 S. Mill Street Aspen, Colo. 19x45 (855sq.ft.) ( r:t V"L- 5ebl Yvo,J Total $8,572.94 2006 2.50 x 855 sq.ft = $2,137.50. x 12 = $25,650 .1.365 = $70.27 a day x 122 = $8,572.94 Paid check # Takah Sushi 21"4-4278 ~_.:!t w1l9), 53" stg - I v) 'S 0 Ie Casey Kaufman /7. Ii .J.-I ~;' 3 j, 5 cIC:#"'3 -n;---; 320 S. Mill (r~ r:P ';:;) 0 3 / Aspen, Colo. 20062.50 x 500 sq.ft.= $1,250.00 x 12 = $15,000.1.365 = $41.10 a day x 125 days = $5,137.50 Total $5,137.50 Paid check # 19.5 x 30.5 = 594.75 sq. ft. Gave a reduction of94.75 square feet - per Barwick loss of electricity in 2005. ;;21) 'ff'f-;;(,? y~ ~LLEASEAGREEMENT THIS LEASE AGREEMENT made as of . 2006, at Aspen, Pitkin County Colorado, by and' between THE CITY OF ASPEN, COLORADO, a municipal corporation, a Lessor (hereinafter ~), and ~ndividua1, partnership, corporation, as Lessee (hereinafter "Lessee")f'(eJcll ~&.~J WITNES SETH: WHEREAS, the City of Aspen, Colorado, by its Ordinance No. 20 (Series of 1973) established a Pedestrian Mallon those city streets designated therein; and " WHEREAS, the City Council of the City of Aspen, and Aspen Connnercial Core and Lodging Commission ( hereinafter "CCLC") are desirous of leasing portions of said Mall to abutting land owners and/or lessees who wish to use such ~ for restaurant and/or liquor sales; NOW THEREFORE, in consideration of the mutual covenants, terms and conditions contained herein, it is agreed as follows: 1. 'The City does hereby-leaseto Lessee approximately ~ square feet of the' said Pedestrian' Mall, being that portion of the Mall abutting the business structure and lot area owned and/or managed by Lessee. Encroachments are not to be considered to be part of such building and/or lot. The term of this lease shall be for the period of time beginning on May 13, 2()06 and terminating on October 15, 2006. Rent shall be calculated at J2.50 per square foot per month. As rent for such area and term, Lessee hereby agrees to pay City the total s~s: ) :r7.StWhich sum shall be payable in advance on or before AUl!Ust 1. 2006 at the offices of the City qerk, Aspen City Hall, Second Floor, 130 S. Galena Street, Aspen, Colorado 81611. If the rent payment is not paid in full when due, a penalty in the amount of ten percent (10%) shall be assessed on the arrears and, in addition, interest on the arrears shall accrue at the rate of two percent (2%) per month. , 2:-....1 Lessee agrees to use such area for the sole purpose of selling and dispensing food or beverages to the public. 'Such area shall be open to the public at least seven (7) hours per day between the hours of 9:00 a.ill. and 11 :00 p.m. Food shall be' available 'in the leased area during all hours it is open to the public. Lessee further agrees to use the premises for no purpose prohibited by the laws of the United States, the State of Colorado, or ordinances of the City of Aspen. Further, lessee agrees to comply with all reasonable reconnnendations by Aspen CCLC relating to the use of the leased premises. 3. Lessee shall remove any structures on the leased premises promptly upon expiration of this lease. Failure to remove them within ten (10) days of said expiration shall result in ownership therein transferring to the City of Aspen. " 4. Lessee agrees to keep said premises in repair and free from all litter, dirt and debris and in a clean and sanitary condition; to neither permit nor suffer any disorderly conduct or nuisance whatever about said premises which would annoy or damage, either proximate or remote, occurring through or caused by any alteration to said leased premises, or by any injury of accident occurring thereon. Further, Lessee does, by execution of-this agreement, indemnify and agree to save harmless $e qtyJ?fA~pep. it,s employees, elected and appointed officials, against any and all claims for damages or' personal injmies arising from the use of the premises as herein above described. Further, Lessee agrees to furnish City with certificate(s) of insurance as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the leasing, use, occupancy, maintenance, and operation of location of the leased premises. The insurance shall be procured from a company authorized to do business in the State of Colorado and be satisfactory to the City. The amount of this insurance, without co-insurance clauses, shall not be less than the maximum liability that can be imposed upon the City of Aspen under the laws of the State of Colorado found at C.R.S. Section 24- 10-101, et seq. as amended. Lessee shall name the City as co-insured on all insurance policies and such policies shall include, a provision that written notice of any non-renewal, cancellation or material change in a policy by the insurer shall be delivered to the City no less than ten (10) days in advance of the effective date. . ,., 5. No portion of the Lessee's fixtures shall extend beyond the boundaries of the City-leased premises; this shall be construed to include planters, umbrellas while closed or open, any type of lighting fixtures, and any other fixtures of the Lessee. 6. Menu boards must be flush mounted to the outside of the fence. Two are permitted. Size for each menu board is four square feet: lx4 or 2x2. Twinkle lights with no flash are permitted. Sandwich boards are permitted inside leased premises. ,Podiums must ,be inside leased space. Waite station permitted within leased premises; Portable waite stations are preferable. Must be taken in at night for wildlife protection. ' No food or ice to be dispensed from waite station. If 2 beverage is to be dispensed must have lids. No mixing of drinks at waite station. If waite station is temporarily affixed for the season it must be sanitized nightly. Flower ports are to be attached to the inside of the fence. pmbrellas with signage other than business name are permitted. Umbrellas must be contained within the leased premises. ., .' :, 7. Lessee agrees to permit agents of the City to enter upon the premises at any time to inspect the sll.ll1e andniake any necessary repairs or alterations to the sidewalks, curbs, gutters, streets, utility poles; or other public facilities as the City may deem necessary or proper for the safety, improvement, maintenance or preservation thereof. Lessee further agrees that if the City of Aspen shall determine to make major structural changes to the Aspen Pedestrian Mall which may affect any structures placed within the mall by the Lessee that the Lessee, by execution of this agreement, hereby waives any and all right make any claim for damages 10 the improvements (or to its leasehold interest) and agrees to remove any structures necessary during such construction periods. City agrees to rebate all rents in the event it undertakes major structural changers to the AspenPede~trian Mall during the lease period. 8. The City of Aspen by this demise hereby conveys no rights or interest in the public way except the right to the uses on such terms and conditions as are above described, and retains all title thereto. 9. Lessee agrees not tl), sublet any portion of the leased premises, not to assign this lease without the prior written consent of the City being first obtained. ~-'"\'l 10. Lessee hereby affirms that Lessee is the owner and/or lessee of the abutting property and agrees that on sale or other transfer of such ownership interest, Lessee will so notify the City of the transfer in interest, and all right and interest under this lease shall terminate. '-<, 11. Lessee agrees to surrender and deliver up the possession of the leased premises promptly upon the expiration of this lease, or upon five (5) days' written , notice in the case of the termination of this lease by City by reason of a breach in any provisions hereof. .','- 12. If legal action is taken by either party hereto to enforce any of the provisions of this lease, the prevailing party in any legal action shall be entitled to ' recover from the other party all of its cost, including reasonable attorneys fees. 3 13. It is further agreed that no 8$sent,expressed odmplied, to any breach of anyone or more of the covenants or agreements herein shall be deemed or taken to be a waiver of any succeeding or any. other breach. 1 ".., ? ' . -",'r 14. Lessee agrees to comply with all laws, ordinances, rules and regulations that may pertain. pr, apply; J~h.~e J lease? I premj~es .:and i its uSe. In performing ,under the,; leasej',Les~" $a.ll :,nQ~i i discrnmuatedllgQinst . ~y :worker;: , employee or job applicant, Or.iany:,m~ber(.o(.thlilPub.licl~use.oflrace.';colOt; creed, religion, ancestry, national,origin, sex, age, marital status, physical handicap, status or sexual orientati()ll;,famjJYTll!!PQJlllj,bjJitypf,.pQJiti,qal ~ffl!i,atipn, or otherwi.se; commit an unfairemploYmentpractice.':i,.r., :lei! (" >,,,p';d', '"",.;,,1' ',,,, :;)CCf! e,: ! " ',;;;] ~}:,;<~~}J '),.; .Ik,':_'l ; :-f') n!r1-1f:,' b -,:":<-" T;t..~::.:\, /_nE 15. Lessee and City agree that all 'correspondence concerning .the~Lease shall be in writing, and either.hllnd4eIiv.e~(toi:.n!lnea by ,tim class certine<! inail, to the following parties: i ., ".. ";,Ie J [i" ,.i' ,r, ~,:j~' ':d:T:; City of Aspen 130 South Galena Street Aspen, Colorado 81611 CITY OF ASPEN, COLORADO By City Manager, Steve Barwick'. '0:' . ; \ L ;c_r;' .~ i). ',,' , I:') J :~iq,'_' j :, :;(:j 1<", 1l"1:);'L'(") ,. Lessee , r;~j~ri(ll 'HI! 1",L EXAMPLE: The mall lease fee for 2006 is $2.50 a square foot Calculation::, .: ".> i rilL' ~if"!!r:.' f,-,: .', c': 2.50 x 56 sq. ft. = $140. x 12 = $1.680..1.365 =$4.6Q a da,y x 90days = $414. 'i', 'u , . i.:' " .j"" . 'J: ~ On behalf of City Council we thank you for adding ambiance to our malL is only charging you frOJ;ll June 1st through Sept. 30th. The City Kathleen Strickland Chief Deputy City. Clerk 920-5060 :",-., . "-'J, ',!"" . (," . ",)' , ., -'1'1 -;": . ' , ': r . ~;. ~ > '. ': (: ~:, ; ;'1::": , '.~,' . '),' '-: " '.r..., t r..- ,.',.~ .' : " ',.\ '. . i. . ;'~ " 1'; 4 j~' ~ 1'1 j :> 0 . ,;:::: Iii -'"'-"-'-- 1-'-- I , I I ,: r~-t.~-~!) !~ I i 1- ! i I I I IJJ I ~ Nt" () 1> I:C: fJ) (" ? ',~ ,.. :c ! I.lJ r 'J\ -\ I i I tL 01 \-: wi ~ '01~ , ') -./\ I"" /1 [ I i , 1 ~~ 1-- ,r~ ,,~,bl r \:~l--J ; C --:~ _>~ it I ~_.._-~ ~ i ~ c '""-...I:. :>-.C> -:;J,..l:.. tJ ( (,~ . 0 ve:. 1',- . i -- ~ I ~<\i , ~ i .., " -,-, \ ""I C":"- ~ L- , r, , .. ,- :.; - C:j r- .., r -' Ct :,.:~ -, - - >- ,:.. - 'J" - ,~ J , . .;.. 0' I:' - r: r , - , 0 ,- Lf\ - , '~ ,,' " - - ~ (,~ t)' c , = , ~ (1 U j ~ I ={I ~ I 5' --- --- If I W- I "k . I " ' i ~.--! Li -- r c o ~~ ~~'I~ I ----=.tJ I I , I' . - l I C' ~ '~'1 ~ r,\?\ i II ~~\~ D ~ I' ~ . -' :..,- ~ r' --.-- ~ ~ .-- ,__ _f -- -- ( :.. --J " 1 , - ~ ~-- H I ~!l'r il :'"' ,lj _' ~"I ~!.. J;\l ~ ! b:!"\ ~ "T \ rJ) ~ ....! .,,:':::.)c ~ -' "-/ i 1\1 ,1" ..../ '1 \ 'tJ '-!:.... ~r ",.I "- ~':Sic ---.: \' "\! ~ Q. (J I rn~ ,""", , - 0J c c c c .J c c c c Uv CD ,~ ::r tj 7" - , :l 0 iP 01 .., l' ." J> ~ i -I iJI ;> '--'/ -\ .' n ...'. ~ ~ ,. 0 0 -, -, r ,-u 1 i.:" -.~ l' 8 S, .r:. , ~ , ~I ..., & :) ;J~ (~ '" .,. C> n 'N ..., -, ;- "' c~ : ;i:'.. J: ~~ -\ - _c, ~ C1 - :?: !'j, " .0 "iJ r-... -, ;l> '> ... ';'f r... -, '7[ i' j 1'\ j r ~ ,.. -{ \' > ~ / , -, r: r,} ~\ > ., :r. -\ ,., ~ "f -I ,. ..:-! '{? > ) ';1 :--::J <:'( .., \ f') 0 r ,. i~ ,. '~ .'T' ~ -c. ,1: V\ ..,'1 .J .. ~, := ~\ i T' ;;.. (l'l .; .:: 1": .' ___'.__..'U'_ :2 From: Amy Allen At: Colorado West Insurance FaxlD: Colorado West Insura To: City of Aspen Date: 61912006 01 :32 PM Page: 1 of 2 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP1D11 DATE IMMIODNYYYI TAKAH-l 06/09/06 PRODUCER THIS CERTIRCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Colorado West Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2782 Crossroads Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Grand Junction CO 81506 Phone: 910-245-6960 INSURERS AfFORDING COVERAGE NAlC# INSURED ----~- ._~- - - - - - INSURER A S~ h.\ll J Tl:iIl.v.lu-; Xnsw:.nc;, ..-- INSURERS - Takah sushi Inc. NSURER C 320 S Mill ~E~_~__ Aspen CO 81611 ._- INSURER E C9Y~RAG~$ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED f~BOVE rC1f< Ti-E POLICY PERIOD INDICATED l\OTWlTHSTAt.JDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEm WITH RtSPCC[ TO WI1ICH THIS CERTIFICATE MA'i RE ISSUED OR MAY PERTM" THE iNSURANCE i\fTOROEO BY THE POLICIES DESo:1lBEO HERElr, IS SUBJECT TO I\LL THE TERMS. ExClUSICNS AND CONDITIONS OF SUCH POliCIES AGGREGATE LIMITS SHOWN MAY HAVE SEEN RE~JCED BY PAID CLAIMS _H._" ~fiY(MwDOI'(Y) lTN NSRC TYPE OF INSURANCE POLICY NUMeER DATE (MMlDOfYY) LNIT$ ~NERAL LlAelllTY EACH OCCU~RENCE II,OOO,OOO COMMERC:Al GENER.OL LiABIUTY 6805346B931 PREMISES (Ea OCClJrence) '500,000 -, u..J CLAIMS MA.DE 0 OCCUR I MED EXP (Any one p~on) $ 5,000 - - A I ~ Business owners 12/28/05 12/28/06 PERSONAl.. 5; PDV iNJURY $1,000,000 I GENERAl AGGREGA.TE '2,000,000 - I GEN'L AGGF<EGATE LIMiT APPLiES PER PRODUCTS - COMPtOP ASG '2.,000,000 I POLlC'f II jr2T n Loe -" - AUTOMOBLE LIABilITY COMBINED SINGLE LIMIT ~ ANY AUiO (EaacoL<innt) , i ALL OV'MED AUTOS BODilY IWURY ~ ~CHEDULED AUTOS (Perpersc>n) , : HIRED AUTOS i 80DiL Y INJURy f- l (P"raccid"nI) , f- NON-OVVNED AUTOS - PROPERTY DAMAGE , (p.,rawdenll GARA.GE LIABIL.ITY i AUTO ONLY - EAACCIDENT , -~ -.--,,- --i ANY AUTO ! OTHER THAN EA ACC , i AUTO ONLY AGG , EXCESS/UM8RELLA LlABLITY I EACH OCCURRENCE , i -- - _J OCCUR l~ CLAIMS MADE AGGREGATE , i --~-- -" , ~ "'DUeTlBLE , , --- -- RETENTION , , WORl<ERS COMPENSATION AND ITORY~IMI'TS I iOI~ eMPLOYERS' LlAeLlTY E L. EACH ACCIDENT , PNY PROPRIETOPP/'fIfNERlEXECUTIVE OffICERfM~M8ER E......CLUDED? EL DISEASE - EAEMPLOYEE , If yas, describ" under EL DISEASE PctlCYLiMIT , SPECIAl PROVISIONS below OTHER I PROPERT:i 367200 i DESCRPTION OF OPERATIONS r LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CITY-11 CANCELLATION SHOUI.O ANY OF THE ABOVE DESCR15EO POI.ICIES BE CANCELI.EO BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER Will. EtaJEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO llE lEfT. BUT FAILURE TO DO SO SHALL IMPose NO 081.IGAllON OR LlABlUTY OF ANY KINO UPONnE INSURER, ITS AGENTS OR CERTIFICATE HOLDER City of Aspen 130 S. Galena Aspen CO 81611 is; .It()equoSI!eIllO.S9Jnleel~!m::lElS C8 ,I'- co I'- en (") a: :3 (") -' 0 c . . . . . . . ! r . ~ . V> . ::> . V> . :I: . . '" . '" . ;:: . . . . . . . . . . . . '" . ~ ~ . z '" . '" 0 . 11"1 . "' ::::: . - OJ 0 . . - z .. . 0: M . - -' N . '" '<x> ~ . "-' . . 0 . . . 0 . . "-' . . 0 . j . "-' . . . . .. . . ['- . . 0 . . . oJ . . 11"1 . . 0 . . - . "' . "-' "' '" 0 .. ,;, - f- OJ '" .. - OJ en ::I::a::.-t........ (j')l-o-l0 ... ~ V> <0 " ::> ...J co e1 '" en :!o~ ~ ['- :ou.... rc :J:::I: .. '" ['- <( I-Zc:o ~ '< 11"1 ~ 6~OO z Z 11"1 <( U) U) 1.0 '" "0 '" ~oc:(o;> 0. ~ Z ~ :0 0 N "' '< "0 '" ~ M N = 0. 000 en "" " "';':0 8 ;,: '" 0 '<...u '" " ~ u ~::> . ~ €) = '"" 0 OZ 0 "0 ~"'''' ...l Ii '""00. ...l -..,'" ~ ~ u_,< " 0 ::; w u. ~ J: 0 U f- > f2 a: w ii: 0 lc c ::; a: w 0: 0 ::; MALL LEASE AGREEMENT 02~1 THIS LEASE AGREEMENT made as of~ 2006, at Aspen, Pitkin County Colorado, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation, a Lessor (hereinaft~ifJtyll), and individual, partnership, corporation, as Lessee (hereinafter "Lessee") ~ 0 h \ /tn WIT N E SSE T H: WHEREAS, the City of Aspen, Colorado, by its Ordinance No. 20 (Series of 1973) established a Pedestrian Mall on those city streets designated therein; and WHEREAS, the City Council of the City of Aspen, and Aspen Connnercial Core and Lodging Commission ( hereinafter "CCLC") are desirous of leasing portions of said Mall to abutting land owners and/or lessees who wish to use such areas for restaurant and/or liquor sales; NOW THEREFORE, in consideration of the mutual covenants, terms and conditions contained herein, it is agreed as follows: 1., The City does hereby lease to Lessee approximately.JLQsquare feet of the said Pedestrian Mall, being that portion of the Mall abutting the business structure and lot area owned and/or managed by Lessee. Encroachments are not to be considered to be part of such building and/or lot. The term of this lease shall be for the period of time beginning on May 13, 2006 and terminating on October 15, 2006. Rent shall be calculated at $2.50 per square foot per month. As rent for such area and term, Lessee hereby agrees to pay City the total surrJbJ~J OS 7 ;1.which sum shall be payable in advance on or before AUl!Ust 1. 2006 at the offices of the City Clerk, Aspen City Hall, Second Floor, 130 S. Galena Street, Aspen, Colorado 81611. If the rent payment is not paid in full when due, a penalty in the amount of ten percent (10%) shall be assessed on the arrears and, in addition, interest on the arrears shall accrue at the rate of two percent (2%) per month. 2. Lessee agrees to use such area for the sole purpose of selling and dispensing food or beverages to the public. Such area shall be open to the public at least seven (7) hours per day between the hours of 9:00 a.rn. and 11 :00 p.rn. Food shall be available in the leased area during all hours it is open to the public. Lessee further agrees to use the premises for no purpose prohibited by the laws of the United States, the State of Colorado, or ordinances of the City of Aspen. Further, lessee agrees to comply with all reasonable reconnnendations by Aspen CCLC relating to the use ofthe leased premises. 3. Lessee shall remove any structures on the leased premises promptly upon expiration of this lease. Failure to remove them within ten (10) days of said expiration shall result in ownership therein transferring to the City of Aspen. 4. Lessee agrees to keep said premises in repair and free from all litter, dirt and debris and in a clean and sanitary condition; to neither permit nor suffer any disorderly conduct or nuisance whatever about said premises which would annoy or damage, either proximate or remote, occurring through or caused by any alteration to said leased premises, or by any injury of accident occurring thereon. Further, Lessee does, by execution of this agreement, indemnify and agree to save harmless the City of Aspen its employees, elected and appointed officials, against any and all claims for damages or personal injuries arising from the use of the premises as herein above described. Further, Lessee agrees to fumish City with certificate(s) of insurance as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the leasing, use, occupancy, maintenance, and operation of location of the leased premises. The insurance shall be procured from a company authorized to do business in the State of Colorado and be satisfactory to the City. The amount of this insurance, without co-insurance clauses, shall not be less than the maximum liability that can be imposed upon the City of Aspen under the laws of the State of Colorado found at C.R.S. Section 24- 10-101, et seq. as amended. Lessee shall name the City as co-insured on all insurance policies and such policies shall include a provision that written notice of any non-renewal, cancellation or material change in a policy by the insurer shall be delivered to the City no less than ten (10) days in advance of the effective date. 5. No portion of the Lessee's fixtures shall extend beyond the boundaries of the City-leased premises; this shall be construed to include planters, umbrellas while closed or open, any type of lighting fixturcs, and any other fixtures of the Lessee. 6. Menu boards must be flush mounted to the outside of the fence. Two are permitted. Size for each menu board is four square feet: Ix4 or 2x2. Twinkle lights with no flash are permitted. Sandwich boards are permitted inside leased premises. 'Podiums must be inside leased space. Waite station permitted within leased premises. Portable waite stations are preferable. Must be taken in at night for wildlife protection. No food or ice to be dispensed from waite station. If 2 . beverage is to be dispensed must have lids. No mixing of drinks at waite station. If waite station is temporarily affixed for the season it must be sanitized nightly. Flower ports are to be attached to the inside of the fence. Umbrellas with signage other than business name are permitted. Umbrellas must be contained within the leased premises. 7. Lessee agrees to permit agents of the City to enter upon the premises at any time to inspect the same and make any necessary repairs or alterations to the sidewalks, curbs, gutters, streets, utility poles, or other public facilities as the City may deem necessary or proper for the safety, improvement, maintenance or preservation thereof. Lessee further agrees that if the City of Aspen shall determine to make major structural changes to the Aspen Pedestrian Mall which may affect any structures placed within the mall by the Lessee that the Lessee, by execution of this agreement, hereby waives any and all right make any claim for damages to the improvements (or to its leasehold interest) and agrees to remove any structures necessary during such construction periods. City agrees to rebate all rents in the event it undertakes major structural changers to the Aspen Pedestrian Mall during the lease period. 8. The City of Aspen by this demise hereby conveys no rights or interest in the public way except the right to the uses on such terms and conditions as are above described, and retains all title thereto. 9. Lessee agrees not to sublet any portion of the leased premises, not to assign this lease without the prior written consent ofthe City being first obtained. 10. Lessee hereby affirms that Lessee is the owner and/or lessee of the abutting property and agrees that on sale or other transfer of such ownership interest, Lessee will so notify the City of the transfer in interest, and all right and interest under this lease shall terminate. 11. Lessee agrees to surrender and deliver up the possession of the leased premises promptly upon the expiration of this lease, or upon five (5) days' written notice in the case of the termination of this lease by City by reason of a breach in any provisions hereof. 12. If legal action is taken by either party hereto to enforce any of the provisions of this lease, the prevailing party in any legal action shall be entitled to recover from the other party all of its cost, including reasonable attorneys fees. 3 13. It is further agreed that no assent, expressed or implied, to any breach of anyone or more of the covenants or agreements herein shall be deemed or taken to be a waiver of any succeeding or any other breach. 14. Lessee agrees to comply with all laws, ordinances, rules and regulations that may pertain or apply to the leased premises and its use. In performing under the lease, Lessee shall not discriminate against any worker, employee or job applicant, or any member of the public because of race, color, creed, religion, ancestry, national origin, sex, age, marital status, physical handicap, status or sexual orientation, family responsibility or political affiliation, or otherwise commit an unfair employment practice. 15. Lessee and City agree that all correspondence concerning the Lease shall be in writing, and either hand delivered or mailed by first class certified mail to the following parties: City of Aspen 130 South Galena Street Aspen, Colorado 81611 CITY OF ASPEN, COLORADO By ~/V:/L/ City Manager, Steve Barwick Le""{)-l)J.$- ~-I~,.;". ~ $2.50 a square foot ;{tJ.(.., EXAMPLE: The mall lease fee for 2006 is Calculation: 2.50 x 56 sq.ft. = $140. x 12 = $1.680./.365 = $4.60 a day x 90days = $414. On behalf of City Council we thank you for adding ambiance to our mall. The City is only charging you fTom June 1st through Sept. 30th. Kathleen Strickland Chief Deputy City Clerk 920-5060 4 0 J ['- J .. - J 1I1 ... r1"I ~ 0 0 nJ 0 U ... z -.: - ~ ~ ~ cO ---... C nJ a:: r1"I <- ::) nJ ~ 0 III 0 III ~ a:: z ~ L oC')~ -",'" z;oo!:l I oxog a: ooz"' I mw~ owwu.. 'I 11I00-0 ~ t-J:oo t-a: I, ~o.:~~ 0 iI ll. [!3 '" ro N (") N l'l. ~t;: :e ~ .. N ~ "" tit (/) ~ o o w !;( o '~'c," ' ~: cc),c -J/lYl /PVlVi~7 ftlr vacafr;{/! Wul /Jpn) IQ1l, alAJ aM- 5orr-y J Cd'" 'I ottp",d mall }..erl.se lt1ed/Y/j' My 5UI11/hfl-' Ic.ff& IN/ II be cC7i1f'r",rfJ -. ^ I ' Ci. 2 ICl+5,; rJ.I .5lfMlc:. iU /teVJQ((S year5 - /VO na"j^'s - 1 ~ ~klll \., >'\ ',\ fl g ~ ,\,;,.~ :' ""\1\' ffJ OUVd..,.. ~ 1II5' u -~ .... G) e:l I 1II0 'g'El~ . ~Glk ~ .... ~l 0 ~ M Po.... PO olJ 0 ::l< 8'2 U IE-< VI' \I) In R R ,~ GlGllll .p,: lllUPo l;t~ S ", kk' Zo ",. Po 0 ~ G) g.~ j:l~ .c: or! R ~MO , 1fIe ", " , ',:. ..... '.. .\ , " '. '.'. ., ~",.",.,:,.",..."",K:' ",.,' ,r'. ". ..', . ,'. 1. ..J',;,,'/';~f 1""';_ ;.,., >.' .... . '.r ...,'f', .~'...: f' . ' --. ~':.7--- ....... -,' .~.:;: (,.:"'0. :I~,,":r:t . . :::t....~.. , ", ~'., :,J:' :r~ . ~ i'~';" ",', '.t .,.. ,~ . ~:' ~'( , .' :~ ' ., ~~. f. ~, <,. f' ~' f,:. ~. ~' ~ . '~.~.~:;~., --- - . ,','.......f. ,,',"f. . 'l, , ,', "r:~ . .",.... , ,,-Iii ; r.;t . ..-:~~ :,;i":::':~ . .~~. ", ':'" . . ~ ":J"" .. '1' ,', ,;-. ,.:.;::~: ,.' ,:;'~r <'?l. ! o o !:oo I 1----ifQr::5J., 'I1/g!06 ~ ~, , (. ~ L. ~ " ... \ r-; I'Q \ i -- -- -' d qj ~ UI "? .j. .. . , ,- :0 ,> ~,.. ~; I' \ ,':~ .,.. '. .: .', " . ' ;,,' .. '. 1 , O/~tJ (Ji()1 , 1 j:~. ~ .. \:l ' . . ~ ',' ~ .. . 1 ~, .~ ~ # ~' o '" ,~ ,~ CS , From' Jennif9" '::ickelMan At Ne:I-Garing FalllD: 1 c: INabs Date: 612EJ2006 01: 18 Pr.f Page:' ", 2 ~ed onion Re5tau~ant, PO Box 8133 Aspen CO 81512 Inc. OP 10 ~ ClATE (~M'DO!YYYr) REDON-2vi 06/28/06 THIS CERTIfiCATE IS ISSUED /lS A MATTER OF INFORMATION ONLy AND CONFER,S NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CBRTlFICATE DOES NOT AMEND, EXTEND OR ~_TE~.THE COV!~AGE AFFORDED BY THE POLlCleS BELOW. : INSURERS AFFQRDING COVERAGE ! HAle # ._.__.~~.-~~~. :~n::~~l - A~.::~:~~~~=~=t=- -- -= r-:;~:~:~~f-~~~-=--':=~=~====-::~=-'-;--==~.= __ __..._ _. _~~__________.__-l-_ I:""R[RE I ACORD. CERTIFICATE OF LIABILITY INSURANCE :>P.~O:.:EiR Neil-Garinq Aqency, Inc. 201 Centennial street #400 Glenwood Sprinqs co 81602 Phone: 9iO-945-9111 Fax:9iO-945-2350 iNSURED --------------- COVERAGES H'; ~('L1CIES Of !~1SIjRI',\C!o_:~IEL B;:L~l,." "JWe. bee'. lo::;Ut"L' !G lH" 'r-<iul'lE,) ,J~j.i::G ),2<()'/t Fe'l;; r.,.: ,c\)I.Y~." r'E::'iOD r!C1~AI=[I Nr.;.lWlr~.~i '-IJ[)!,,(. -"J-.~ RE.~U "<;r.1E\'r 'ERIA OR (:ONJI-:Uj 01';>NY ,:-:)rj~'::;,AC:T :,p ::lTl~E;::;: COCllr,'!Of~T 'IIr-H RES~E(T T:, v,HICH ......IS ,:E!~{r;FI<:A-e: i/AY BE ISG.JEO 01"' 1'114" ':>E"-,.>.',J. Trli:: IJsu~~rj'_t A~F':'f./Jt'X' ~" -lHt' 1-'0L C11:~~",SC~'I:ll:;-' H:'Rbl_ IS o:16J",~T T,.' ,'L h!E :i::~'~,jS i::,{(LV:KN::4~jl) CO~Dlr'O'i':: :JF SUCH PCL:CI':'~ ':'Gl~R=GATE "'M!,~ ';'H(I'('iJ ~A.~,i 1-,'''':'' :-EEN f':'ED_C[LJ S'.' ~'A [, CV:1>1:~ .~~~ n'pr;: OF~,SURA~;;-..----1_=="-POLICY-;J:.~-eER .---3~~~~~~&:q..~k'T'i:l~~';1;~~~!.-.---.-.. LIMITS .. L~~t.ERt.LLIABILrrY .' 1 I I ~~,,_~~'7.;~:~~F,--J.f 500, O~__ A l~_j'_~~:;~~=RC,~ SE'~R:.L-~~~ILI~ _ I I6807632W66i05 08/10/05: OS/10/06 f f'~~!-:~~E~~?_~::i!~_:.~,-___ J~.~.Q.9_!.9_~______ ~ '__: A '.1~ M.'l)~ lliJ)O-:J" : HEu f::'" \Ar'~_'~2:~':':"" I.f _5,0 0 ~._ I I r ~c:F,s:.rjAl , 4~'~ rJ,I-R'/ -ri so 0 . 000 f~,cL::~E:~;Oo~:~f~E" f*j~~:';:A€:=~~fj,~~':;;~_' -'F;XIUI I-EC, i ~LO~ Era: Ben. 1,000,000 I ,wrCMOBlLE U,:.,e.LIT'Y '--- ~!A"l''',o...I)TO Hi "'-L ~"\'\'I~::T. "IJ~C,;~ I S:H:::D:...LEC,il:FOS He,REc,.", :_____ll.K'~-O\i\'."E[ ;-,'j,(1.:; f--l 1.:)':el"1~(.' ~I'(}:"": _11>fIT 11 (loa d>",:~ntJ , r-----..-..--+__ !f 1(".. ~~,~rib '_fU<'Ir SI'E(~...._ PROVI;?'?JS ~<jj('lW OTHER , 8'~~ Li :t'I~If-;' i ,'P~r "erscr) r------------ I ~;~~'1(;,I;;t~~.~ , 1-- ..u._ ! : I i ~~~~;~,~~i:^M,"-- f t 1 __~+----._._~_______~__....i...._ I ~ : GARAGE Li..9iLlTY I I, : M'_JW :~",c ' . tA ACC'DtH, : 'f ~I'_J ~'AI..rrr_ i i I ~~;;~:-- ~2~~Ti~------' I + : IAIJ[(>O\V .".G'~-:;- : E:<CESSII.N8RaLALIAEHI..!7Y -r---- . _._--+-_._~ fACI-(:-"CJF;:'~f.r-JC~ ~~ ~ ':C:;UR [J :L'".IIISM~~E : I I_~~':'F<'E(:~!~~=_~=--=--l~~=-.==--- I i f'--~-~-+'--- -.-l i !~,,,,,._n~~ I _lJ)<<r.h!!!:I!Ii.;_L~______ I 05/01/06 05/01/0' fEL E,G,c.c.!'.C::;iDE\r : i 100000- I ~ C:"E,l,SE-E.c.=::~::"YE::Ji:I.!OOO-OO __= I : E L. [lo;E':>.":':_ "'C':. C" .,"'T ~ 500000 I I ------ I i 4056259 , I , ;-ir:'COLiCT>OLC ,.. I iF;:FiE..T:;)f.J ',,\-'~~KERS COP.lPft4SAT;ON AI-ID E~PLOY5RS' UAB!Lm' .;,[;', PRCFFI;[T0RipAAT,E~/[Y-"':l:r ,," (tFC'i';,:::RiMEH8fF'E:::::LL)EC B I , C:'ESI~R!PTl':14 OF OPERA'liom I L(:I;.I:I,TIONS I v&l1C~o;$! EXCLvSIOI'IS ...oDED 9', ENDORSE"AENT I SFEClJU. PR.;,V'SlOriS Restaurant CERTIFICATE HOLDER CANCELLATION CITYAS1 SHCULD ANy 0F "lE ABOve lJESC~19E"Ci POUCIES BE CAN,:ELLED eeF'~R= THE EXPIRATION ~ATE TlolEREOF THE ISS/..!tlG INSUReR WILL ENDc,;VOR TO MAlL 10 ClAfS"'-"!ITTEN Ci ty of Aspen and Pitkin Coun~y 130 S, Galena Aspen CO 81611 \,(l11eE 10 ~E CERTIFICATE HOLDER NPMED TOnE LEFT. Bi.!i FAILURE TO DO 50 $HAL.L 'MIlOSE tK OBLlrJATIOtJ OR ll""BILIn' 0" .\Ny t',INC' UPON THE l'iSUReR. !TS AGEtf,l C'R F:iErRESENTt.TWEZ. AU"': IZEOR;:; S~NTA7~ @ACORDCORPORATlON 1988 ACORD 2512001108) o MALL LEASE AGREEMENT C~ THIS LEASE AGREEMENT made as of ~ 3/ 2006, at Aspen, Pitkin County Colorado, by and between THE CITY F ASPEN, COLORADO, a municipal corporation, a Lessor (hereinaftiBcitY."), and individual, partnership, corporation, as Lessee (hereinafter "Lessee") AC\{\tQ . WIT N E SSE T H: WHEREAS, the City of Aspen, Colorado, by its Ordinance No. 20 (Series of 1973) established a Pedestrian Mall on those city streets designated therein; and WHEREAS, the City Council of the City of Aspen, and Aspen Connnercia1 Core and Lodging Commission ( hereinafter "CCLC") are desirous of leasing portions of said Mall to abutting land owners and/or lessees who wish to use such areas for restaurant and/or liquor sales; NOW THEREFORE, in consideration of the mutual covenants, terms and conditions contained herein, it is agreed as follows: 1. The City does hereby lease to Lessee approximately ~ square feet of the said Pedestrian Mall, being that portion of the Mall abutting the business structure and lot area owned and/or managed by Lessee. Encroachments are not to be considered to be part of such building and/or lot. The term of this lease shall be for the period offimebeginning on May 13, 2006 and terminating on October 15, 2006. Rent shall be calculated at $2.50 per square foot per month. As rent for such area and term, Lessee hereby agrees to pay City the total surnJ, I., Vb '1. 5lwhich sum shall be payable in advance on or before AUl!:ust 1. 2006 at the offices of the City Clerk, Aspen City Hall, Second Floor, 130 S. Galena Street, Aspen, Colorado 81611. If the rent payment is not paid in full when due, a penalty in the amount often percent (10%) shall be assessed on the arrears and, in addition, interest on the arrears shall accrue at the rate of two percent (2%) per month. 2. Lessee .agrees to use such area for the sole purpose of selling and dispensing food or beverages to the public. Such area shall be open to the public at least seven (7) hours per day between the hours of 9:00 a.rn. and 11 :00 p.rn. Food shall be available in the leased area during all hours it is open to the public. Lessee further agrees to use the premises for no purpose prohibited by the laws of the United States, the State of Colorado, or ordinances of the City of Aspen. Further, lessee agrees to comply with all reasonable reconnnendations by Aspen CCLC relating to the use of the leased premises. 3. Lessee shall remove any structures on the leased premises promptly upon expiration of this lease. Failure to remove them within ten (10) days of said expiration shall result in ownership therein transferring to the City of Aspen. 4. Lessee agrees to keep said premises in repair and free from all litter, dirt and debris and in a clean and sanitary condition; to neither permit nor suffer any disorderly conduct or nuisance whatever about said premises which would annoy or damage, either proximate or remote, occurring through or caused by any alteration to said leased premises, or by any injury of accident occurring thereon. Further, Lessee does, by execution of this agreement, indemnify and agree to save harmless the City of Aspen its employees, elected and appointed officials, against any and all claims for damages or personal injuries arising from the use of the premises as herein above described. Further, Lessee agrees to furnish City with certificate(s) of insurance as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the leasing, use, occupancy, maintenance, and operation of location of the leased premises. The insurance shall be procured from a company authorized to do business in the State of Colorado and be satisfactory to the City. The amount of this insurance, without co-insurance clauses, shall not be less than the maximum liability that can be imposed upon the City of Aspen under the laws of the State of Colorado found at C.R.S. Section 24- 10-101, et seq. as amended. Lessee shall name the City as co-insured on all insurance policies and such policies shall include a provision that written notice of any non-renewal, cancellation or material change in a policy by the insurer shall be delivered to the City no less than ten (10) days in advance of the effective date. 5. No portion of the Lessee's fixtures shall extend beyond the boundaries of the City-leased premises; this shall be construed to include planters, umbrellas while closed or open, any type of lighting fixtures, and any other fixtures of the Lessee. 6. Menu boards must be flush mounted to the outside of the fence. Two are permitted. Size for each menu board is four square feet: 1x4 or 2x2. Twinkle lights with no flash are permitted. Sandwich boards are permitted inside leased premises. Podiums must be inside leased space. Waite station permitted within leased premises. Portable waite stations are preferable. Must be taken in at night for wildlife protection. No food or ice to be dispensed from waite station. If 2 beverage is to be dispensed must have lids. No mixing of drinks at waite station. If waite station is temporarily affixed for the season it must be sanitized nightly. Flower ports are to be attached to the inside of the fence. Umbrellas with signage other than business name are permitted. Umbrellas must be contained within the leased premises. 7. Lessee agrees to permit agents of the City to enter upon the premises at any time to inspect the same and make any necessary repairs or alterations to the sidewalks, curbs, gutters, streets, utility poles, or other public facilities as the City may deem necessary or proper for the safety, improvement, maintenance or preservation thereof. Lessee further agrees that if the City of Aspen shall determine to make major structural changes to the Aspen Pedestrian Mall which may affect any structures placed within the mall by the Lessee that the Lessee, by execution of this agreement, hereby waives any and all right make any claim for damages to the improvements (or to its leasehold interest) and agrees to remove any structures necessary during such construction periods. City agrees to rebate all rents in the event it undertakes major structural changers to the Aspen Pedestrian Mall during the lease period. 8. The City of Aspen by this demise hereby conveys no rights or interest in the public way except the right to the uses on such terms and conditions as are above described, and retains all title thereto. 9. Lessee agrees not to sublet any portion of the leased premises, not to assign this lease without the prior written consent of the City being first obtained. 10. Lessee hereby affirms that Lessee is the owner and/or lessee of the abutting property and agrees that on sale or other transfer of such ownership interest, Lessee will so notify the City of the transfer in interest, and all right and interest under this lease shall terminate. 11. Lessee agrees to surrender and deliver up the possession of the leased premises promptly upon the expiration of this lease, or upon five (5) days' written notice in the case of the termination of this lease by City by reason of a breach in any provisions hereof. 12. If legal action is taken by either party hereto to enforce any of the provisions of this lease, the prevailing party in any legal action shall be entitled to recover from the other party all of its cost, including reasonable attorneys fees. 3 13. It is further agreed that no assent, expressed or implied, to any breach of anyone or more of the covenants or agreements herein shall be deemed or taken to be a waiver of any succeeding or any other breach. 14. Lessee agrees to comply with all laws, ordinances, rules and regulations that may pertain or apply to the leased premises and its use. In performing under the lease, Lessee shall not discriminate against any worker, employee or job applicant, or any member of the public because of race, color, creed, religion, ancestry, national origin, sex, age, marital status, physical handicap, status or sexual orientation, family responsibility or political affiliation, or otherwise commit an unfair employment practice. 15. Lessee and City agree that all correspondence concerning the Lease shall be in writing, and either hand delivered or mailed by first class certified mail to the following parties: City of Aspen 130 South Galena Street Aspen, Colorado 81611 CITY OF ASPEN, COLORADO By~/~~ City Manager, Steve Barwick Lessee/;f],AUOiUdtff-JMgz/l EXAMPLE: The mall lease fee for 2006 is $2.50 a square foot Calculation: 2.50 x 56 sq. ft. = $140. x 12 = $1.680./.365 = $4.60 a day x 90days = $414. On behalf of City Council we thank you for adding ambiance to our mall. The City is only charging you from June 1 st through Sept. 30th. Kathleen Strickland Chief Deputy City Clerk 920-5060 4 From: Jennifer Eickelman At Neil-Garing FaxIO: To: RU$S811 Date: 611512006 09:46 AM Page: 1 of 2 , ' ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 ,izl DATE (MMlDD/Y'NY) PACIF-6 06/15/06 PRODUCER THIS CERT1FICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Neil-Garing Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 201 Centennial Street '400 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. G1enwood springs CO 81602 Phone: 970-945-9111 Fax: 970-945-2350 INSURERS AFFORDING COVERAGE NAIC # INSURED INSLRER A st Paul - Travelers INSlRER s- pinnaeol Assurance Pacifica Brasserie INSlRER c: 20 Fathom LLC dba 307 S Mill st INSlRER 0: Aspen CO 81611 INSlMRE' COVERAGES nE POLICIES Of INSURANCE LISTED BElOW HAVE BEEN ISSlED TO n-E INSmED NAMED.o6BOVE FOO TlE POlICY PERIOO WICATED. NOTWlTHST.MOING PNY REWlREt.'ENT, TERM OR CONJITION OF !oN( CONT'AACT OR 01l-ER [)()Cl..I,ENT WITH RESPECT TO WHICH THIS CERTIfiCATE w.,y BE ISSLeD OR Wl.Y PERTAIN, THE INSLRANCE AfFORDED BY THE POlICIES DESCRIBED t-EREIN IS Sl..8..eCT TOAlL Tl'E TERMS, EXa.USIONS /JNO CctIDlTIONS Of su::::H POlICIES. AGGREGATE LIMITS SI--IO'IvT>l MAY HAVE BEEN REDUCED BY PAlO CLAIMS. TI[~ TYPE OF NSURAHCE POLICY NUMBER DATE (MWDDJYYI- ~;iY(~) l.IollTS GeERAL LlABLlTY EAOi OCClRRENCE 11,000,000 - A X X potJf.ERCIAl GEr-ERAl.. LLABllITY 16805076B625 11/01/0S 11/01/06 PREMISES lEa OCClI"llI'lCa) 1300,000 - CLAIMS MADE [!] OCCUR MED EXP (Any one person) IS,OOO - PERSONAl & /JDV IN.,lRY '1,000,000 X Liquor GEtERAL AGGREGATE 12,000,000 GEM.. AGGREGATE LIMIT APPlIES PER PROOOClS. COMP/OP M3G 12,000,000 I POliCY n ~ n LOC AUTOMOBIlE LIABILITY COMBItED SID..E LIMIT - '1,000,000 A f>mAUTO 168050768625 11/01/0S 11/01/06 {Eaaccidert) - I>.LLO-VVtEDAUTOS 800IL Y INJ'-RY - . SCHEDlI.ED AlJTOS (Perpwson) - .Jt.. HIRED .AUTOS 800IL Y INJURY .Jt.. I-.QN.OWNED AUTOS (Peraccidllrt) . - PROPERTY DAMAGE . (PeraccidartJ GARAGE LlABILrTY JlUTO ON.. Y - EAACCIOENT I =1 !Wy AUTO OTJ-ER1l-WJ EAACC . AUTOON..Y: AGe I EXCESSlUMBRELLA LIABILITY EAOiOCCtmENCE . ~ OCC~ 0 aAlMSMADE AGGREGATE I . =1 ~DOCTl8tE I RETENTION . . WORKERS COWENSATlON AND IT~r.Q~1 I~ EMPlOYERS' LIABILITY I>HY PROPRIETORIPAATNERlEXEOJTIVE E,L.EACHACCIOENT I OffICERlM::fv'BER EXCLLOEO? E.L. DISEASE - EA EoI.FLOYEE I lfyes. desaibeLndar SPECI,llJ.. PROVISIONS beIcw E.L. DISEASE - POLICY LIMIT I OTHER DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT" I SPECIAl.. PROVISIONS Certificate holder is additional insured on general l1abil1 ty coverage. CERTIFICATE HOLDER CANCELLATION ClnAS1 SMOI.A.D AMY OF THE ABOVE DESCRIBED POLICIES BE CANCB.1ED BEFORE 1lE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAL 10 DAYS WRITTEN City of Aspen - and Pitkin County NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT, BUT FALUAE TO DO SO SHALL 130 S. Galena IMPOSE NO OBlIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Aspen CO 81611 REPRESENTATIVES. AU 'r..I2EO"'~""'A~ ACORD 25 (2001/08) @ACORDCORPORATION 1988 From: Jennifer Eickelman At Neil-Garing FaxID: To: Russell Date: 6/1512006 09:46 AM Page: 2 of 2 , ' IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer rights to the certijicate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certijicate hoider in lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does ~ affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, ACORD 25 (2001/08) I ... 8;: ...'" 0_- ",N "'00 ~u~ 3 .0 m~~ >-Q.~ ...~ ! :e 8 Ii ; ~ ::l ~ 01- Ww- o::lI!co QI-- OCIJ; OdU "'::OZ ~(Jj!f 0g~ ~ ... u : co O'l l() N <j',:!;J'(,i <JJ cr ::i -.J o ..0 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * o o 23 tr) "t:l ~ o tr) 0\ 10 o 10' * * 69 g; iF -< ..... o o U o .- - 5 g; iF -< o U w ~~ Ocr I-w ,.0 a:~ if,',;, :>;1 1h! C8 o :2 "If; ~ .2: ',>", - <ll r1"I <ll o r1"I U1 oJ o ':: r1"I - o I'U o - I'U o - ~. ~ c:a cr U1 I'U o o . = ---- <1J ~ <1J - o .- ~ (' ~ ,1 i:..C:.- .I' -.~'-- ,S"" ,.- ? . -" s:- ~ ~ ~ \: ,bI r' r'I- ~ ".,.. -"\ n, "".'''8 .'~ .-/ ----- J: :i - N r{) .----. - 91~ ,'- / I Y ;f 3 . ~,~ CV' 0Cl..' S G ,- .... ~. ..~" . ^~(V\"d\\\j MALL LEASE AGREEMENT THIS LEASE AGREEMENT made as of Mav . 2006, at Aspen, Pitkin County Colorado, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation, a Lessor (hereinafter "City"), and individual, partnership, corporation, as Lessee (hereinafter "Lessee") D-19. WIT N E SSE T H: WHEREAS, the City of Aspen, Colorado, by its Ordinance No. 20 (Series of 1973) established a Pedestrian Mall on those city streets designated therein; and WHEREAS, the City Council of the City of Aspen, and Aspen Connnercial Core and Lodging Commission ( hereinafter "CCLC") are desirous of leasing portions of said Mall to abutting land owners and/or lessees who wish to use such areas for restaurant and/or liquor sales; NOW THEREFORE, in consideration of the mutual covenants, terms and conditions contained herein, it is agreed as follows: 1. The City does hereby lease to Lessee approximately 855 square feet of the said Pedestrian Mall, being that portion of the Mall abutting the business structure and lot area owned and/or managed by Lessee. Encroachments are not to be considered to be part of such building and/or lot. The term of this lease shall be for the period of time beginning on May 13, 2006 and terminating on October 15, 2006. Rent shall be calculated at $2.50 per square foot per month. As rent for such area and term, Lessee hereby agrees to pay City the total sum~ $8.572.94 which sum shall be payable in advance on or before AUl!ust 15. 2006 at the offices of the City Clerk, Aspen City Hall, Second Floor, 130 S. Galena Street, Aspen, Colorado 81611. If the rent payment is not paid in full when due, a penalty in the amount of ten percent (10%) shall be assessed on the arrears and, in addition, interest on the arrears shall accrue at the rate oftwo percent (2%) per month. 2. Lessee agrees to use such area for the sole purpose of selling and dispensing food or beverages to the public. Such area shall be open to the public at least seven (7) hours per day between the hours of 9:00 a.rn. and 11 :00 p.m. Food shall be available in the leased area during all hours it is open to the public. Lessee further agrees to use the premises for no purpose prohibited by the laws of the United States, the State of Colorado, or ordinances of the City of Aspen. Further, lessee agrees to comply with all reasonable recommendations by Aspen CCLC relating to the use of the leased premises. 3. Lessee shall remove any structures on the leased premises promptly upon expiration of this lease. Failure to remove them within ten (10) days of said expiration shall result in ownership therein transferring to the City of Aspen. 4. Lessee agrees to keep said premises in repair and free from all litter, dirt and debris and in a clean and sanitary condition; to neither permit nor suffer any disorderly conduct or nuisance whatever about said premises which would annoy or damage, either proximate or remote, occurring through or caused by any alteration to said leased premises, or by any injury of accident occurring thereon. Further, Lessee does, by execution of this agreement, indemnify and agree to save harmless the City of Aspen its employees, elected and appointed officials, against any and all claims for damages or personal injuries arising from the use of the premises as herein above described. Further, Lessee agrees to furnish City with certificate(s) of insurance naming the City of Aspen as an additional insured as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the leasing, use, occupancy, maintenance, and operation oflocation of the leased premises. The insurance shall be procured from a company authorized to do business in the State of Colorado and be satisfactory to the City. The amount of this , insurance, without co-insurance clauses, shall not be less than the maximum liability that can be imposed upon the City of Aspen under the laws of the State. of Colora.do found at C.R.S. Section 24-10-101, et seq. as amended. Lessee shall name the City as co-insured on all insurance policies and such policies shall include a provision that written notice of any non-renewal, cancellation or material change in a policy by the insurer shall be delivered to the City no less than ten (10) days in advance of the effective date. 5. No portion of the Lessee's fixtures shall extend beyond the boundaries of the City-leased premises; this shall be construed to include planters, umbrellas while closed or open, any type of lighting fixtures, and any other fixtures of the Lessee. 6. Menu boards must be flush mounted to the outside of the fence. Two are permitted. Size for each menu board is four square feet: lx4 or 2x2. Twinkle lights with no flash are permitted. Sandwich boards are permitted inside leased premises. Podiums must be inside leased space. Waite station permitted within leased premises. Portable waite stations are preferable. Must be taken in at night 2 # for wildlife protection. No food or ice to be dispensed from waite station. If .' beverage is to be dispensed must have lids. No mixing of drinks at waite station. If waite station is temporarily affixed for the season it must be sanitized nightly. Flower ports are to be attached to the inside of the fence. Umbrellas with signage other than business name are permitted. Umbrellas must be contained within the leased premises. 7. Lessee agrees to permit agents of the City to enter upon the premises at any time to inspect the same and make any necessary repairs or alterations to the sidewalks, curbs, gutters, streets, utility poles, or other public facilities as the City may deem necessary or proper for the safety, improvement, maintenance or preservation thereof. Lessee further agrees that if the City of Aspen shall determine to make major structural changes to the Aspen Pedestrian Mall which may affect any structures placed within the mall by the Lessee that the Lessee, by execution of this agreement, hereby waives any and all right make any claim for damages to the improvements (or to its leasehold interest) and agrees to remove any structures necessary during such construction periods. City agrees to rebate all rents in the event it undertakes major structural changers to the Aspen Pedestrian Mall during the lease period. 8. The City of Aspen by this demise hereby conveys no rights or interest in the public way exc'ept the right to the uses on such terms and conditions as are above described; and retains all title thereto. 9. Lessee agrees not to sublet any portion of the leased premises, not to assign this lease without the prior written consent of the City being first obtained. 10. Lessee hereby affirms that Lessee is the owner and/or lessee of the abutting property and agrees that on sale or other transfer of such ownership interest, Lessee will so notify the City of the transfer in interest, and all right and interest under this lease shall terminate. 11. Lessee agrees to surrender and deliver up the possession of the leased premises promptly upon the expiration of this lease, or upon five (5) days' written notice in the case of the termination of this lease by City by reason of a breach in any provisions hereof. 3 12. If legal action is taken by either party hereto to enforce any of the provisions of this lease, the prevailing party in any legal action shall be entitled to recover from the other party all of its cost, including reasonable attorneys fees. ., 13. It is further agreed that no assent, expressed or implied, to any breach of anyone or more of the covenants or agreements herein shall be deemed or taken to be a waiver of any succeeding or any other breach. 14. Lessee agrees to comply with all laws, ordinances, rules and regulations that may pertain or apply to the leased premises and its use. In performing under the lease, Lessee shall not discriminate against any worker, employee or job applicant, or any member of the public because of race, color, creed, religion, ancestry, national origin, sex, age, marital status, physical handicap, status or sexual orientation, family responsibility or political affiliation, or otherwise connnit an unfair employment practice. 15. Lessee and City agree that all correspondence concerning the Lease shall be in writing, and either hand delivered or mailed by first class certified mail to the following parties: City of Aspen 130 South Galena Street Aspen, Colorado 81611 CIT~, COLORADO By !~~ City Manager, Steve Barwick /: 4.- {C/rp ~im;v' Lessee : .4A..A ~, IId~L...-L ,j IF ~N-~^ c:JItJ /IU EXAMPLE: The mall lease fee for 2006 is $2.50 a square foot Calculation: 2.50 x 855 sq.ft. = $2,137.50. x 12 = $25,650. ./. 365 = $70.27 a day x 122 days = $8,572.94 On behalf of City Council we thank you for adding ambiance to our mall. The City is only charging you from June 1st through Sept. 30th. ' Kathleen Strickland Chief Deputy City Clerk 920-5060 4 . 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