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HomeMy WebLinkAboutcoa.cclc.mall.lease.2005 . . MALL ADDRESSES -SQUARE FOOTAGE - 2005 _May 15th through October 15th 2005 Charges for 2005 will be from May 30 through Oct. 1 st = 125 days Parks revenue account - 10000-00000-66140 Pacifica - 920-9775 Russell Hoffberger 307 S. Mill Aspen, Colo. (608 sq.ft.) 3 x 32 =96 square feet reduction in reduction 81611 2005 2.50 x 608 sq.ft = $1,520. x 12 = $18,240 ./.365 = $49.97 a day x 125= $6,246.25 19x32 Total $6,246.25 Paid check # ) 59~ - !..-;:( g-r{' l, - Ii t, J ,(1 6. ;J. .e;- Red Onion - 925-9043 Red onion.. went out furthe~nd we diut charge them David Walbert n r 0 ~ .. / ~ A); 420 E. Cooper v~....r /Y ())'5V ':':17JI Aspen, Colo. 81611 /.;t. ) (210 sq.ft.) 2005 2.50 x 210 sq. ft. = $525. x 12 = $6,300./.365 = $17.26 day x 125 days =$2,157.50 Total $2,157.50 Paid check # Colony - 544-0008 3 x 32 =96 square feet reduction in fee Sue Parry 4t-3 tj.3 s / # t. ) ) t( (, I .) ~ ~ 977 Queen Street 307 S. Mill Street Aspen, Colo. (608 sq.ft.) 2005 2.50 x 608 sq.ft = $1,520. x 12 = $18,240 ./.365 = $49.97 a day x 125 = $6,246.25 19x32 Total $6,246.25 Paid check # Takah Sushi 274-4278 - Ron's cell Ron Lambert -:fi! I ), -:) Ie- 320 S. Mill Aspen, Colo. 1f,5y/37,5<" Total $5,137.50 2005 2.50 x 500 sq.ft.= $1,250.00 x 12 = $15,000 ./.365 = $41.10 a day x 125 days = $5,137.50 Paid check # 19.5 x 30.5 = 594.75 sq. ft. Gave a reduction of94.75 square feet. . Zocalito 618-7565 Michael Barry $(( ;C/_ y~'1~jJ lttll/b<-CL (;LV Ohf- K .~ Vv' ,v'/ (10 . Aspen, Colo. Club Chelsea 948-2070 Greg's cell Greg Jurgenson Aspen, Colo. . (J. \.CLr(7 MALL LEASE AGREEMENT THIS LEASE AGREEMENT made as of May 30, 2005, at Aspen, Pitkin County Colorado, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation, a Lessor (hereinafter ~")' and individual, partnership, corporation, as Lessee (hereinafter "Lessee") ~d\. 5:~'-. 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 Commercial Core and Lodging Comwission ( 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 oovenants, terms and conditions contained herein, it is agreed as follows: 1. The City does hereby lease to Lessee approximatelySOO 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 30, 2005 and terminating on October 15, 2005. 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 su~Js) 60which sum shall be payable in advance on or before J u1v 1,2005 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.m. 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 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 operatioB 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. 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 improvemen~s (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. "':.\<1 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 tenninate. 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 attomeys 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 CI1~', COLORADO By ',/p/~ City M ""e<. Slev< Bmwi,k L'~~ The mall lease fee for 2005 is $2.50 a square foot. The fee is for 125 days but you are allowed to stay out on the mall until Oct. 15th at no additional fee. Calculation example: 2.50 x 476 sq. ft. = $1,190. x 12 = $14,280./.365 = $39.12 a day x 122 = $4,772.64 On behalf of City Council we thank you for adding ambiance to our mall. In addition the City did not charge you for approximately 100 square feet. Kathleen Strickland Chief Deputy City Clerk 920-5060 4 ., I./J o><;:\JJ "'iv I~ ~'" ~! Hl -'I I - 1 w I 1:1 ~ "\) I 1"1 ~ ) 0 v (Jlo" \~: I :c ~I I' C\ U) Iii :r ,. <Ii ." J: \.,1 ,- _. ~~' W1~ ,. ,I-,!; rJ\ 1 riff 1 -::! }. ~; ~ o """ ~ COO"pE'[2.. ST /VIedl ,Sibl . 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I'l"l ',-I I: ':1 ~ 1> ~ - FIRST AMENDMENT TO MALL LEASE THIS FIRST AMENDMENT TO MALL LEASE is made this _ day of June, 2005, by and between the City of Aspen, a municipal corporation, ("City") and , ("Lessee"), WHEREAS the parties hereto have entered into a certain Mall Lease Agreement dated j)) ?'~ 30/ 2 <C:;- , and desire to amend said lease agreement as set forth below. NOW THEREFORE, in consideration of the mutual covenants, terms and conditions contained herein and the original Mall Lease Agreement, it is agreed as follows: I. Notwithstanding any language to the contrary contained in that certain Mall Lease Agreement executed by the parties thereto, City shall have the absolute right, in its sole discretion, to decrease the size of the area to be leased within the mall area at any time during the term of the Mall Lease Agreement, conditioned only upon the City giving Lessee 5 days prior written notice of its determination that the lease area shall be decreased, In the event that the City decreases the size of the leased area, rent payments shall be reduced proportionately by the size of the lease area. In addition, in the event that the City reduces the size of the lease.area within the mall, Lessee shall have the right to terminate the Mall Lease Agreement by providing City with three days written notice of its intention to terminate. CITY OF ASPEN By:. ~ {:;~~ City Manager LESSEE B~ 0.<<<} ('11:('" Print Name: ~y -pP:mrtr--/ / ~ JPW- saved: 6/3/200S-242-G:\john\word\agr\FIRST AMENDMENT TO MALL LEASE.doc ...-'"-- -'-- r ,. . )) .' t' \ ..J /-\ ,\') ~ .' I \,0 }~ 'f' , l~ j t'~" ;0 ~ ,Ii ~, I V' I ." N & i/) i+' \.: . .j;, .. \~\ V\ r , , . ,. )J! <2 ,Ii I - , 1:. ,-, "- y ? rJ ':{ _I <f~ 'l 'Z NJ .. p' liJ 0 () i\ L)J p \~ p .,. f: (t: i ~ I.~ '2 ~ \: .., (.\\ , .:HN) , .- i ,[J iu r ~,~ , 1. ~. '. (,...1'" I i 4 <, 1: '2 .1 If! ~ jU t f ') -2 i :ii ! "1: 1= J " -3 i- rl, Hi 6 "-.J l.il ~ "" [L '\...) \f)1 .. \.:1: <: ~ ! (j "3 Q .-. I() \- \.../ I lu :[ J ~ l!) U i If r-<. i \l. , J; l... () 1,\ , ..1 ' . rn , B (.I ~) i <0 <t 19 (I :r ') I ~ ~ ':3 8 t! J ~ 0 (1 ! ~ ,\~l VI I\- ,I." V) , 0 I.Jl \.i' - V) ~ ! l .of t9 , N Q N i <L W L ,CJ A z If) t= ill i 1'(1 , In in 0 0 0 " " " 0 " 0 ., ..- z 1 \l.l V) ~ I ,.~l I I I , I ----.-1 pc. ~ ~~\) ~~) () .,j ~ f ho .-.; ::l \~ ~ .L-i LI r~ 1J.1.u o Vi fiJ. 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'I "-~_.7jJ oo~.. .---;:;< V ~ ~ -:;, ~~ / .1,'f.Jf."- "J- ~\kD.~ /v?~ 61Jv-.& ~ ijCCLJ' MALL LEASE AGREEMENT THIS LEASE AGREEMENT made as of Mav 30. 2005, at Aspen, Pitkin County Colorado, by and between THE CITY OF ASPEN, COLORADO, a municip~ corporation, a ~ssor ~erein~er '!i~")? and individual, partnership, cprporatlOn, as Lessee (heremafter Lessee ) () teL ...-;L L< ..'-- 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 Commercial 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 W.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 30, 2005 and terminating on October 15, 2005. 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 s~~) f~,~. ,,--which sum shall be payable in advance on or before Julv 1..2005 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 shalt-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.m. 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 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 damage~Of :personal ilijurfeS arisiilg from tlie use of ffie plerilises as herein above described.. Further, Lessee agrees to furnish City with certificate(s) of insurnnce as proof that it has secured and paid for a policy of public liability insurnnce covering all public risks related to the leasing, use, occupancy, maintenance, and operation of location of the leased premises. The insurnnce 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 insurnnce, without co-insurnnce 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 CRS. Section 24- 10-101, et seq. , as amended. Lessee shall name the City as co-insured on all insurnnce 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 --.- ~ whilt}-dosed or open,-anytype-oHighting- J.'iAlwcll,- ann.myotlrerfix't'lireS or tlie. 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 thl' Lease . shall be in writing, and either hand delivered or mailed byTrrst Class certified mail to the following parties: City of Aspen 130 South Galena Street Aspen, Colorado 81611 CITY OF ASPEN, COLORADO By ~ W~../ City Mager, Steve Barwick ~4~ The mall lease fee for 2005 is $2.50 a square foot. The fee is for 125 days but you are allowed to stay out on the mall until Oct. 15th at no additional fee. Calculation example: 2.50 x 476 sq. ft. = $1,190. x 12 == $14,280./.365 = $39,12 a day x 122 = $4,772.64 On behalf-of City Cooncil we thank you-for adding ambiance to OUT mail, In addition the City did not charge you for approximately 100 square feet. Kathleen Strickland Chief Deputy City Clerk 920-5060 4 FIRST AMENDMENT TO MALL LEASE THIS FIRST AMENDMENT TO MALL LEASE is made this ) c/ day of June, 2005'\>~2md ~ween the City of Aspen, a municipal corporation, (....City") and // ~. C \....., -l L 7"--- , ("Lessee"). WHEREAS the parties hereto have entered into a certain Mall Lease Agreement dated 2.. IlJ\ \... ,and desire to amend said lease agreement as set forth below. NOW THEREFORE, in consideration of the mutual covenants, terms and conditions contained herein and the original Mall Lease Agreement, it is agreed as follows: 1. Notwithstanding any language to the contrary contained in that certain Mall Lease Agreement executed by the parties thereto, City shall have the absolute right, in its sole discretion, to decrease the size of the area to .be leased within the mall area at any time during the term of the Mall Lease Agreement, conditioned only upon the City giving Lessee 5 days prior written notice of its determination that the lease area shall be decreased. In the event that the City decreases the size of the leased area, rent payments shall be reduced proportionately by the size of the lease area, In addition, in the event that the City reduces the size of the lease area within the mall, Lessee shall have the right to terminate the Mall Lease Agreement by providing City with three days written notice of its intention to terminate. CITY OF ASPEN By: 9f-7 !//f-.-f ~~~er By: Print Name: JPW~ saved: 6/3/2005-242~G:\iohn\word\agr\FIRST AMENDMENT TO MALL LEASE.doc (~ ' \.JC\.~~v MALL LEASE AGREEMENT THIS LEASE AGREEMENT made as of Mav 30. 2005, 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") (."ttJ:.(1 "'/ . 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 Commercial 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 of time beginning on May 30, 2005 and terminating on October 15, 2005. 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 su~~..';UIC....<S\Vhich sum shall be payable in advance on or before July 1,2005 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.m. 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 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 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 (l0) days in advance ofthe 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 dosed 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. 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 tirst 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 '7 L"." ~~ '=+- The mall lease fee for 2005 is $2.50 a square foot. The fee is for 125 days but you are allowed to stay out on the mall until Oct. 15th at no additional fee. Calculation example: 2.50 x 476 sq.ft. = $1,190. x 12 = $14,280./.365 = $39.12 a day x 122 = $4,772.64 On behalf of City Council we thal'~~ you fer adding ambi~ncc to our mall. In. addition the City did not charge you for approximately 100 square feet. Kathleen Strickland Chief Deputy City Clerk 920-5060 4 . , FIRST AMENDMENT TO MALL LEASE THIS FIRST AMENDMENT TO MALL LEASE is made this _ day of June, 2005, by and between the City of Aspen, a municipal corporation, ("City") and , ("Lessee"). WHEREAS the parties hereto have entered into a certain Mall Lease Agreement dated , and desire to amend said lease agreement as set forth below. NOW THEREFORE, in consideration of the mutual covenants, terms and conditions contained herein and the original Mall Lease Agreement, it is agreed as follows: 1. Notwithstanding any language to the contrary contained in that certain Mall Lease Agreement executed by the parties thereto, City shall have the absolute right, in its sole discretion, to decrease the size of the area to be leased within the mall area at any time during the term of the Mall Lease Agreement, conditioned only upon the City giving Lessee 5 days prior written notice of its determination that the lease area shall be decreased, In the event that the City decreases the size of the leased area, rent payments shall be reduced proportionately by the size of the lease area. In addition, in the event that the City reduces the size of the lease area within the mall, Lessee shall have the right to terminate the Mall Lease Agreement by providing City with three days written notice of its intention to terminate. CITY OF ASPEN By: *gt~ LESSEE _------7 2f':-C- / By: _/ .- <?'- - ~- Print Name: 5i.(5rt-O ~'---/ ( , JPW. saved: 6/3/2005-242-G:~ohn\word\agr\FIRST AMENDMENT TO MALL LEASE.doc MALL LEASE AGREEMENT THIS LEASE AGREEMENT made as of May 30. 2005, at Aspen, Pitkin County Colorado, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation, a Lessor (hereinafter "(:ity"), a!1d individual, partnership, corporation, as Lessee (hereinafter "Lessee") ,,~c--1( t />L"-,~ 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 Commercial 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 ;;]j]: 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 30, 2005 and terminating on October 15, 2005. 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 su~.;I IS7- sowhich sum shall be payable in advance on or before July 1,2005 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,m. 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 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 CRS. Section 24- 10-10 1, 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 ofthe 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 concemingthe 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/~ l(~ City Manager, Steve Barwick L~~'~{~ g?1A!. hy ~ The mall lease fee for 2005 is $2.50 a square foot. The fee is for 125 days but you are allowed to stay out on the mall until Oct. 15th at no additional fee. Calculation example: 2.50 x 476 sq. ft. = $1,190. x 12 = $14,280./.365 = $39.12 a day x 122 = $4,772.64 On behalf of City Council we thank you for adding ambiance to our mall. Kathleen Strickland Chief Deputy City Clerk 920-5060 4 FIRST AMENDMENT TO MALL LEASE THIS FIRST AMENDMENT TO MALL LEASE is made this Uday of June, 2005, J>Y, and between the City of Aspen, a municipal corporation, ("City") and {/L':"'~( () ,..{ ,,~ , ("Lessee"), WHEREAS the parties hereto have entered into a certain Mall Lease Agreement dated H~t' <..: - ,and desire to amend said lease agreement as set forth below. NOW THEREFORE, in consideration of the mutual covenants, terms and conditions contained herein and the original Mall Lease Agreement, it is agreed as follows: 1. Notwithstanding any language to the contrary contained in that certain Mall Lease Agreement executed by the parties thereto, City shall have the absolute right, in its sole discretion, to decrease the size of the area to .be leased within the mall area at any time during the term of the Mall Lease Agreement, conditioned only upon the City giving Lessee 5 days prior written notice of its determination that the lease area shall be decreased, In the event that the City decreases the size of the leased area, rent payments shall be reduced proportionately by the size of the lease area. In addition, in the event that the City reduces the size of the lease area within the mall, Lessee shall have the right to terminate the Mall Lease Agreement by providing City with three days written notice of its intention to terminate. CITY OF ASPEN By: ~//~ City anager LESSE0~~/(}"I;'~'S/;,U~"0 ( j:;., C, By: LiLJrnl 4~ Print Name: [)r) 1/ {J 4/ tll ,~ r r JPW- saved: 6/3/2005-242-G:~ohn\word\agr\FIRST AMENDMENT TO MALL LEASE.doc RED ONION RESTAURANT P.o. BOX 8133 PH. 925-9043 ASPEN, CO 81612 VECTRA BANK COLORAOO ASPEN BRANCH ASPEN, COLORADO 81611 23-315-1020 o . " o o . ~. Q lI'OOb"l?OIl' 1:~0200j~51,1:1,'i'I,O~~5 {D PAY TO THE CITY OF ASPEN ORDER OF Three Thousand Two Hundred Eighty-Eight CITY OF ASPEN 130 S. GALENA ST. ASPEN CO 81611 ~ ~ " I ~ , o . . MEMO RED ONION RESTAURANT CITY OF ASPEN 06/30/2005 06/30/2005 7114/2005 6970 2,157.50 1,131.07 Bill # Bill # CHECKlNG-VECTRA BA 3,288.57 .._-----,,--.. From: Heidi McGuire At: Nell Garing Agency FaxlD: To: Kathy Date: 8/1812004 10:51 AM Page: 2of2 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 i~ DATE (MMlDDNV'VV) IlBDON-2 OS/lS/04 PRODUCER THIS CERTIFICATE 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 POLICIES BELOW, Glenwood Springs CO S1602 Phone: 970-945-9111 Fax: 970-945-2350 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Travelers 00019 INSURER B Pinnacol Assurance Red Onion Restaurant, :Inc. INSURER C --- PO Box S133 INSURER D Aspen CO S1612 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW H,A.VE BEEN ISSUED TO THE INSURED N.AMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY H,A.VE BEEN REDUCED BY PAID CLAIMS eTR NS. TYPE OF INSURANCE POLICY NUMBER DATE (MMIODNY) DATE (MMlDDNY) L.IMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 - A X COMMERCiAl GENERAl LIABILITY J:6S07632W66704 OS/10/04 OS/10/05 PREMISES (Ea occurence) $ 300 ,000 I CLAI MS tAADE ~ OCCUR MED EXP (Anyone person) .5,000 X Liquor $500,000 PERSONA.l.. & M)V INJURY $1,000,000 GENERAl AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $2,000,000 IF n:RO- nLOC Emp Ben. 1,000,000 POLICY JEeT AUTOMOBILE L.IABIL.ITY COMBINED SINGLE LIMIT - . ANY AUTO (Eaaccident) - -- -. -~ ALL OWNED AUTOS BODIL. Y INJURY - (Per person) . SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY - (Peraccidenl) . NON-OWNED AUTOS - - PROPERTY DAMAGE . (Per accident) GARAGE L.IABILITY AUTO ONLY - EA ACCIDENT . ~ ANY AUTO OTHER THA.N EAACC $ AUTO ONLY AGG . EXCESSIUMBREL.L.A LIABILnY EACH OCCURRENCE . ~ OCCUR o CLAIMS MADE AGGREGATE . . ~ DEDUCTIBLE , RETENTION . . WORKERS COMPENSATION AND I TORY LIMITS I IUE~ B EMPL.OYERS' LIABILITY 4056259 05/01/04 05/01/05 .100,000 ANY PROPRIETORIPARTNERlEXECUTIVE EL EACH ACCIDENT OFFICERlMEMBER EXCLUDED? E,L DISEASE- EAEMPLOYEE .100,000 If yes. describe under EL DISEASE - POLICY LIMIT .500,000 SPECIAL. PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT J SPECIAL PROVISIONS Ho1der is included as Aclditional :Insured CJ:AS PEl CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CERTIFICATE HOLDER DATE THEREOF, THE ISSUING INSURER WlL.L. ENDEAVOR TO MAlL. 10 OAYS WRITTEN City of Aspen 130 So, Galena Aspen CO S1611 NOTICE TO THE CERTIFICATE HOL.DER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) @ACORD CORPORATION 1988