HomeMy WebLinkAboutcclc.ag.04042007
-COMMERCIAL CORE & LODGING COMMISSION
REGULAR MEETING
SISTER CITIES MEETING ROOM
CITY HALL
April 4, 2007
8:30 a.m.
8:30 I. Roll call
II. Approval of minutes - March 7, 2007
III. Mall leases - Takah Sushi, D-19, Pacifica
9:15 IV. Market Budget
10:15 V. Adjourn
MALL LEASE AGREEMENT
THIS LEASE AGREEMENT made as of . 2007, 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")_.
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 28,2007 and terminating on October 15,
2007. Rent shall be calculated at J 2.50 per square foot per month. As rent for
such area and term, Lessee hereby agrees to pay City the total sum _which sum
shall be payable in advance on or before AUl!:ust 15, 2007 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 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 ofthis
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 ofthe fence. Two
are permitted. Size for each menu board is four square feet: lx4 or 2x2. Blinking
lights are not permitted. Sandwich boards are permitted inside leased premises.
Podiums must be inside leased space. Wait station permitted within leased
premises. Portable wait stations are preferable. Must be taken in at night for
2
wildlife protection. No food or ice to be dispensed from wait station. If beverage is
to be dispensed must have lids. No mixing of drinks at wait station. If wait station
is temporarily affixed for the season it must be sanitized nightly. Flower pots 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
City Manager, Steve Barwick
Lessee
EXAMPLE: The mall lease fee for 2007 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 May 28th through Sept. 30th.
Kathleen Strickland
Chief Deputy City Clerk
429-2687
4
MALL ADDRESSES -SQUARE FOOTAGE - 2007
_May 28th through October 15th 2007
Charges for 2007 will be from May 28th through Sept. 30th = 126 days
Parks revenue account - 10000-00000-66140
Pacifica - 920-9775
Russell Hoffberger
307 S. Mill
Aspen, Colo.
(608 sq.ft.)
81611
2007 2.50 x 608 sq.ft = $1,520. x 12 = $18,240./.365 = $49.97 a day x 126=
$6,296.22
19x32
Total $6,296.22 Paid check #
D-19
544-0291 office
Dena Marino
Mail to 305 S. Galena
307 S. Mill Street
Aspen, Colo.
19x45
(855sq.ft.)
2007
2.50 x 855 sq.ft = $2,137.50. x 12 = $25,650 ./.365 = $70.27 a day x 126
= $8,854.02
Paid check #
Total $8,854.02
Takah Sushi
925-8588
Casey Kaufman
320 S. Mill
Aspen, Colo. 20072.50 x 594.75 sq.ft.= $1,486.88 x 12 = $17,842.56 ./.365 = $48.88 a day x
126 days = $6,158.88
Total $6,158.88 Paid check #
19.5 x 30.5
( 594.75 sq. ft.)
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Aspen Saturday Market
2(J(J7 Budget
Projected Revenues:
Farmers and artisans
Projected Expenses:
Market Manager
+ taxes
Assistant
Farmer Director Fee + travel
Bathroom monitor 8hrs. 7-3:00 $100.
Labor/food support $35. 1-2 hrs.
Entertainment
MAA 8 weeks $75 week (3)
. Additional entertainment
Advertising One add $175.
Insurance/dues
2006 Tax return prep
2006 Federal and State Corp tax
Marketing:
Post Card distribution
Miscellaneous possible 2 barricades
Payroll taxes (FICA and FlITA)
Workman's Comp
Total projected expenses
Beginning cash in bank 111107
Net budgeted income
Ending cash in bank 12/31107
$26,595.
$10,000.
700.
2,000.
1,100.
1,900.
665.
600.
2,400.
400.
310.
409.
352.
1,000.
600.
1,400.
600.
$24,436.
3364.
2159
5524
4/4-/r
Aspen Saturday Market
2007 Budget
Projected Revenues:
Farmers and artisans and
previous balance
Projected Expenses:
Market Manager
+ taxes
Assistant
Farmer Director Fee + travel
Bathroom monitor 8hrs. 7-3:00 $100,
Labor/food support $35. 1-2 hrs.
Entertainment
MAA 8 weeks $75 week (3students)
Additional entertainment
Advertising One add $175.
Insurance/dues
2006 Tax return prep
2006 Federal and State Corp tax
Marketing:
Post Card distribution
Miscellaneous possible 2 barricades
Payroll taxes (FICA and FUT A)
Workman's Comp
Total projected expenses
$29,698,55
$10,000.
700.
2,000.
1,100.
1,900.
665.
600.
2,400.
400.
310,
409.
352,
1,000.
600.
1,400.
600.
$24,436.00
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