HomeMy WebLinkAboutcoa.en.Goomba's.1974 .4.
ALLEY ENCROACHMENT LEASE
THIS LEASE AGREEMENT made this 26th day of August,
1974, by and between the CITY OF ASPEN, COLORADO, a
municipal corporation, as Lessor, and GOOMBA'S, INC., a
Colorado corporation, as Lessee, whereby it is stipulated
and agreed as follows:
1. The City of Aspen is the owner of that public
right -of -way consisting of the alley in Block 82, City and
Townsite of Aspen, a portion of which right -of -way Lessee
wishes to occupy.
2. The City Council of the City of Aspen wishes to
lease that area of the alley adjacent and abutting property
occupied by the Lessee's restaurant in said Block 82.
3. Therefore, in consideration of the sum of Fifty
($50.00) Dollars, receipt of which is hereby acknowledged,
the City of Aspen does demise and let to the Lessee for a
period commencing on the date of this instrument and
terminating on August 25, 1975, that area of the alley in
Block 82, City and Townsite of Aspen abutting the premises
presently occupied by Goomba's Restaurant.
4. Lessee agrees to use such area for the sole purpose
of the sale and dispensing of food to the public and further
agrees to use the premises for no purpose prohibited by the
laws of the United States and State of Colorado, and
ordinances of the City of Aspen.
5. In the event that the Lessee shall construct any
structures on the leased premises he shall remove the same
within ten (10) days of the expiration of this lease (or
any extensions thereof). Failure to so remove them shall
result in ownership therein reverting to the City of Aspen.
6. Lessee agrees to keep said premises in repair and
free from all litter, dirt and debris and in a clean and in
sanitary condition, to neither permit nor suffer any dis-
orderly conduct or nuisance, whatever, about said premises
which would annoy or disturb any persons occupying adjacent
premises; and to neither hold nor attempt to hold the Lessor
liable for any injury or damage, either proximate or remote,
occurring through or caused by any alterations to said
leased premises, or by any injury or accident occurring
thereon; and Lessee does, further, by execution of this
agreement, indemnify and agree to save harmless the City of
Aspen against all claims for damages or personal injuries,
arising from the use of the premises hereinabove described.
7. Lessee agrees to permit agents of the Lessor to
enter upon the premises at any time to inspect the same
and make any necessary repairs or alterations to the side-
walks, curbs, gutters, streets, utility poles, or other
public facilities as the Lessor 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 innovations to or constructural
changes to the alley which may affect any structures placed
within the alley by the Lessee that it by execution of
this agreement waives any and all right to make any claim
for damages to the improvements and agrees to remove any
such structures necessary during such construction periods.
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 except as expressly granted.
9. Lessee agrees not to sublet any portion of the
leased premises, nor to assign this Lease without the prior
written consent of the Lessor being first obtained.
10. Lessee hereby affirms that it is the lessee of the
abutting property and agrees that on sale or other transfer
of such lease, it will so notify the Lessor and all right
and interest under this lease will terminate.
-2-
J
11. Lessee agrees to surrender and deliver up the
possession of the leased premises promptly upon the
expiration of this lease, or in the case of the termination
of the lease by Lessor by reason of a breach in any
provisions hereof, upon five (5) days written notice.
12. It is further agreed that no assent, expressed or
implied, to any breach of any one or more of the covenants
or agreements herein shall be deemed or taken to be a waiver
of any succeeding or other breach.
Executed and effective on the day above first written.
THE CITY OF ASPEN ,COLORADO
Stacy St ley III, Mayor
ATTEST: -�
i
City Clerk
GOOMBA'S, INC.
by
(title)