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HomeMy WebLinkAbout2016 Ordinance No. 010- .CONTRAcr NO. ORDINANCE No. /!2.._ SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 8 INTRODUCED BY COUNCIL MEMBER OLSON/YA TES �?_y-7.ot (p AN ORDINANCE AUTHORIZING THE RENEW AL OF A LEASE WITH PAUL WEBSTER, FOR USE OF A PORTION OF REAL PROPERTY THE "PASEO" LOCATED AT 3449 SOUTH BROADWAY AS OUTDOOR SEATING FOR "THE BREW ON BROADWAY". WHEREAS, the City owns property commonly known as the "Paseo" at 3449 South Broadway, Englewood, CO.; and WHEREAS, the Englewood City Council previously authorized a 3 year lease with "The Brew On Broadway" Paul Webster, Suzanne Odiorne-Webster, Matthew Webster and Charles Houck for a portion of property the "Paseo" at 3449 South Broadway for outdoor seating by the passage of Ordinance No. 67, Series of2013; and WHEREAS, on February 16, 2016 the Englewood City Council moved to amend the lease from one year to three years; and WHEREAS, the approval of this Ordinance will permit "The Brew On Broadway" Paul Webster to lease a portion of real property the "Paseo" located at 3449 South Broadway for outdoor seating for another 3 year, period beginning on April 1, 2016 through April 1, 2019; and WHEREAS, the Englewood City Council finds that the renewal of a lease of a portion of the "Paseo" property to The Brew on Broadway will enhance the usefulness and vitality of the Downtown Englewood Business area; WHEREAS, this agreement will benefit and promote the welfare of the City of Englewood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The Englewood City Council here by authorizes a renewal of a Lease with Paul Webster for use a portion of the real property "Paseo" located at 3449 South Broadway as outdoor seating for "The Brew On Broadway" beginning on April 1, 2016 through April 1, 2019. A copy of the "Lease" is marked as "Exhibit A" and attached hereto. Section 2. The Mayor is hereby authorized to sign and the City Clerk shall attest said Lease on behalf of the City of Englewood. Introduced, read in full, amended and passed as amended on first reading on the 16th day of February, 2016. • I Published by Title as an amended Bill for an Ordinance in the City's official newspaper on the A 18th day of February, 2016. ., Published as an amended Bill for an Ordinance on the City's official website beginning on the 17th day of February, 2016 for thirty (30) days. Read by title as amended and passed on final reading on the 14th day of March, 2016. Published by title as amended in the City's official newspaper as Ordinance No.ffi Series of 2016, on the 17th day of March, 2016. Published by title as amended on the City's official website beginning on the 16th day of March, 2016 for thirty (30) days. 1, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the amended Ordinance passed on final reading and published by title as Ordinance No.L~ , Series of 2016. • • LEASE OF CITY OWNED PROPERTY FOR OUTDOOR SEATING FOR "THE BREW ON BROADWAY" This lease, dated _______ _, is between the CITY OF ENGLEWOOD, 1000 Englewood Parkway, Englewood, Colorado 80110, as Landlord and PAUL WEBSTER. whose address is 3445 South Broadway, Englewood 80113 as Tenant. In consideration of the payment of the rent and the performance of the covenants and agreements by the Tenant set forth herein, the Landlord does hereby lease to the Tenant the following described premises situate in Arapahoe County, in the State of Colorado; the address of which is 3449 South Broadway, Englewood, Colorado 80113, more fully described as follows: That portion of Lots 35 and 36 Block 1 Enwood Addition as defined in Exhibit A. Said parcel contains approximately 914 square feet. Said premises, with all the appurtenances, are leased to the Tenant from the date of April 1, 2016 -April 1, 2019, at and for a rental for the full term of one dollar per square foot with the payment in the amount of $914.00 on approval of the Lease by Tenant. The rent shall be due on April 1 of each renewal year, payable at 1000 Englewood Parkway, Englewood, Colorado 80110 Attention: Finance Department, without notice. THE TENANf, IN CONSIDERATION OF THE LEASING OF THE PREMISES AGREES AS FOLLOWS: 1. To pay the rent for the premises above-described. in advance . 2. To keep the improvements upon the premises including drainage, fences, wiring and lighting in good repair, all at Tenant's expense, and at the expiration of this lease to surrender the premises in the same condition as when the Tenant entered the premises, loss by fire, inevitable accident, and ordinary wear excepted. Tenant shall post a bond with the City in the amount of five thousand dollars ($5,000.00) to secure the removal of improvements or repairs should the Tenant fail to surrender premises as described herein. 3. To keep the premises free and clear of ice and snow, and to keep the entire premises free from all litter, dirt, debris and obstructions; to keep the premises in a clean and sanitary condition as required by the ordinances of the city and county in which the property is situated. 4. To sublet no part of the premises, and not to assign the lease or any interest therein. -1- I! X H I B I T A 5. To use the premises only as seating for the adjoining premises at 3445 South Broadway and to use the premises for no purposes prohibited by the laws of the United States or the State of Colorado, or of the ordinances of the city or town in which said premises are located, and for no improper or questionable purposes whatsoever, and to neither perm.it nor suffer any disorderly conduct, noise or nuisance having a tendency to annoy or disturb any persons occupying adjacent premises. 6. To neither hold nor attempt to hold the Landlord liable for any injury or damage, either proximate or remote, occurring through or caused by the repairs, alterations, injury or accident to the premises, or adjacent premises, or other parts of the above premises not herein demised, or by reason of the negligence or default of the owners or occupants thereof or any other person, nor to hold the Landlord liable for any injury or damage occasioned by defective electric wiring, plumbing or storm water, nor shall said premises be used for any purpose which would render the insurance thereon void or the insurance risk more hazardous, nor make any alterations to or changes in, upon, or about the premises without obtaining the written consent of the Landlord therefore. 7. To allow the Landlord to enter upon the premises at any reasonable hour. IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LANDLORD AND TENANf AS FOLLOWS: 8. No assent, express or implied, to any breach of any one or more of the agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach. 9. If, after the expiration of this lease, the Tenant shall remain in possession of the premises and continue to pay rent without a written agreement as to such possession, then such tenancy shall be regarded as a month-to-month tenancy, at a monthly rental, payable in advance, equivalent to the last month's rent paid under this lease, and subject to all the terms and conditions of this lease. 10. If the premises arc left vacant and any part of the rent reserved hereunder is not paid, then the Landlord may, without being obligated to do so, and without terminating this lease, retake possession of the said premises, making such changes and repairs as may be required, giving credit for the amount of rent so received less all expenses of such changes and repairs, and the Tenant shall be liable for the balance of the rent herein reserved until the expiration of the term of this lease. 11. At the Landlord's option, it shall be deemed a breach of this lease if the Tenant defaults (a) in the payment of the rent or any other monetary obligation herein; or (b) in the performance of any other term or condition of this lease. The Landlord may elect to cure such default and any expenses of curing may be added to the rent and shall become immediately due and payable. -2- • In the event that the Landlord elects to declare a breach of this lease. the Landlord shall have the right to give the Tenant three (3) days written notice requiring payment of the rent or compliance with other terms or provisions of the lease. or delivery of the possession of the premises . In the event any default remains uncorrected after three (3) days written notice. the Landlord, at Landlord's option. may declare the term ended, repossess the premises. expel the Tenant and those claiming through or under the Tenant and remove the effects of the Tenant. all without being deemed guilty in trespass or of a forcible entry and detainer and without prejudice to any other remedies to which the Landlord may be entitled. If at any time this lease is terminated under this paragraph. the Tenant agrees to peacefully surrender the premises to the Landlord immediately upon termination. and if the Tenant remains in possession of the premises. the Tenant shall be deemed guilty of unlawful detention of the premises. The Landlord shall be entitled to recover from the Tenant all damages by reason of the Tenant's default. including but not limited to the cost to recover and repossess the premises, the expenses of relctting, necessary renovation and alteration expenses, commissions and the rent for the balance of the term of this lease. 12. In the event of any dispute arising under the tenns of this lease, or in the event of non- payment of any sums arising under this lease and in the event the matter is turned over to an attorney, the party prevailing in such dispute shall be entitled, in addition to other damages or costs, to receive reasonable attorneys' fees from the other party. 13. In the event any payment required hereunder is not made within (10) days after the payment is due, a late charge in the amount of five percent (5%) of the payment will be paid by the Tenant. 14. In the event of a condemnation or other taking by any governmental agency, all proceeds shall be paid to the Landlord hereunder, the Tenant waiving all right to any such payments. 15. This lease is made with the express understanding and agreement that in the event the Tenant becomes insolvent, the Landlord may declare this lease ended, and all rights of the Tenant hereunder shall terminate and cease. 16. Tenant shall insure the premises for public liability and property damage in the sum of One Million Dollars with the City of Englewood as an additional insured. 17. Should any provision of this lease violate any federal, state or local law or ordinance, that provision shall be deemed amended to so comply with such law or ordinance, and shall be construed in a manner so as to comply. 18 . This lease shall be binding on the parties, their personal representatives, successors and assigns. 19. When used herein, the singular shall include the plural, and the use of any gender shall apply to both genders. -3- DDmONAL PROVISIONS Tenant shall pay the cost of the construction after written approval of any improvements. LANDLORD CITY OF ENGLEWOOD By: __________ _ ATTEST: _________ _ TENANT -~WEBSTER STATE OF COLORADO ) \. )ss. COUNTY OF ~v~) ~The f~oing instrument was acknowledged before me this~ y of -j ~ 1 ,. I . 2016, by Paul Webster. My commission expires: -C: ~ I 1.-ot -4- .. si12 ·it >.1nrS3111dX3 NOISSIWWOO >.W 669S001'l68l ar }.ijY.lON OlMIOlOO :10 3lYlS onand Al:IYlON l:l3.LS83M-3N1:101ao o 3NN\'Zns • • tXMIRIT 'A I. :'.a...wnn ............. OUTDOOR PATIO DIMENSIONS 1/L"•fCJ' COUNCIL COMMUNICATION Date: Agenda Item: Subject: March 14, 2016 9bi Paseo Lease Renewal -Brew on Broadway (Second Readina) Initiated By: Staff Source: Community Development Department Darren Hollingsworth Economic Development Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION At the February 16, 2016, meeting Council amended the agreement to authorize a 3 year lease term at $1 / square foot. At the February 1, 2016, study session City Council discussed the paseo lease renewal for the Brew on Broadway (BoB) and recommended a 1 year lease for $1 per square foot. To initiate business retention, revitalization, and growth strategies . Create economic vibrancy in downtown Englewood by activating public spaces. RECOMMENDED ACTION Staff recommends that City Council approve a bill for ordinance, on second reading, approving the Brew on Broadway's paseo lease renewal for a portion of the City-owned property at 3449 South Broadway, on first reading. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED A portion of the City-owned paseo is currently leased to an adjacent business owner, the Brew on Broadway (BoB), a brewery and coffee shop, for outside seating to support his operation. The lease agreement with the BoB at 3445 South Broadway has been in place since April 2013 and expires in April 2016. Outside seating in the west-side paseo creates vibrancy in downtown Englewood by activating public spaces. FINANCIAL IMPACT The City will receive an annual lease payment of $914.00 from the Brew on Broadway. Since it is the tenant's responsibility to maintain the leased premises, the City should not incur any cost for the maintenance during the term of the leases. Below is a summary of the lease terms for these lease agreements: Tenant Term S uare Feet Annual Lease Amount Brew on Broadwa LIST OF ATTACHMENTS Proposed Bill for Ordinance • •