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HomeMy WebLinkAboutencroachment.Goomba restaurant block 82 1974 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- s s 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 by Stacy St ley III , Mayor ATTEST: City Clerk GOOMBA'S, INC. by FLO, (title)