HomeMy WebLinkAbout2016 Ordinance No. 011CONTRACT. NO.
ORDINANCE NO . ./L_
SERIES OF 2016
BY AUTHORITY
COUNCIL BILL NO. 9
INTRODUCED BY COUNCIL
MEMBER BARRENTINFJY ATES
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AN ORDINANCE AUTHORIZING A LEASE WITH ZOMO, LLC. FOR USE OF A PORTION
OF THE REAL PROPERTY "THE PASEO .. LOCATED AT 3449 SOUTH BROADWAY AS
OUTDOOR SEATING FOR "ZOMO ...
WHEREAS, the City owns property commonly known as the ''Pasco" at 3449 South Broadway,
Englewood, CO.; and
WHEREAS, the approval of this Ordinance will permit "ZOMO, LLC" Ryan Anderson and
Alysia Davey to lease a portion of real property the "Paseo" located at 3449 South Broadway for
outdoor seating for a three year period beginning on April 1, 2016 through April 1, 2019; and
WHEREAS, on February 16, 2016 the Englewood City Council moved to amend the lease
from one year to three years; and
-WHEREAS, the Englewood City Council finds that the leasing of a portion of that property the
"Pasco" to ZOMO 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 1. A Lease with ZOMO, LLC. Ryan Anderson and Alysia Davey for use of a portion
of real property the "Paseo .. located at 3449 South Broadway as outdoor seating for "ZOMO°
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.
Published by Title as an amended Bill for an Ordinance in the City's official newspaper on the
18th day of February, 2016.
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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.LL, 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.
I, 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. IL., Series of 2016.
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LEASE OF CITY OWNED PROPERTY FOR OUTDOOR SEATING FOR
"ZOMO"
This lease, dated ________ _, is between the CITY OF ENGLEWOOD, 1000
Englewood Parkway, Englewood, Colorado 80110, as Landlord and ZOMO, U..C., whose
address is 3457 South Broadway, Englewood, CO 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 332 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$332.00 on approval of the Lease by Tenant. The rent shall be due on
Aprill of each renewal year, payable at 1000 Englewood Parkway, Englewood, Colorado 80110
Attention: Finance Department, without notice.
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES AGREES AS
FOU..OWS:
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
SU1Tcnder 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 obstructiom; 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. T o sublet no part of the premises, and not to assign the lease or any interest therein.
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5. To use the premises only as seating for the adjoining premises at 3457 South Broadway
and to use the premises for no purposes prolnoited by the laws of the UDited 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 permit
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, occwring 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 stonn water, nor shall said premises
be used for any purpose which would render the insurance thereon void or the insurance
risk more huardous, 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 TENANT
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-brmonth tenancy, at a monthly rental, payable in
advance, equivalent to the last month's rent paid under this lease, and subject to all the
tenns and conditions of this lease.
10. If the premises are 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 tcnninsting 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 expCD5es 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.
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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 Uildc:r 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 o·f the premises. ~ 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 rcletting, necessary renovation and
alteration expenses, commissions and the rent for the balance of the tenn of this lease.
12. In the event of any dispute arising under the terms 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 govemrneotal agency, all proceeds
shall be paid to the Landlord hereunder, the Tenant waiving all right to any such payments.
1S. This lease is made with the express understanding and agreement that in the event the
Tcmmt becomes insolvent, the Landlord may declare this lease ended, and all rights of the
Tcmmt hereunder shall tenninate 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 bindmg 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.
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DDmONAL PROVISIONS
Tenant shall pay the cost of the construction after written approval of any improvements.
LANDWRD
CTIY OF ENGLEWOOD
By:. _________ _
ATIEST: _______ _
TENANT
ZOMO,LLC.
Jule A Bale'/
Notary Public
dtata ol ColOf&do
STATE OF COLORADO ) Notary ID: 20144008811 A )ss. My CommleslOn Expi,81 February 24, 2018
COUNTY OF 't-\Vtlf1 ~ V\0-C..)
Ac foregoing instrument was acknowledged before me this ;l;),. iy of
~-kt.~ , 20 f (p • by Ryan Anderson as operating member of ZOM~, LLC.
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My commission expires: 2 <)A, ?-o t f> o Public U
~~.~ AlyiaDavey ~ Julie A sane,,
Notary~_
State. of Colorado
STATE OF COLORADO ) Notary ID: 20144008811 An..t, )ss. My Commission Explr&s February 24, 2Qt8 "
COUN1Y OF ~~lTC..-) · ,
r The foregoing instrument was acknowledged bcfo~ ~e thisQ_ ty of
1 ('Jo,,J,AIM,~ • 20 I Ip . by Alysia Davey as operating member of Z?MO. LLC.
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My commission expires: :2--2 4 ... J,.o l~ ~
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3457
Currendy
"B Tepehuan•
-2125 SQFT
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• I Emling
: Trull ! Rectplade
\._ Pt0po11d 1•Wat■t Maira
Plcposed Awnlnlll
EllillngCllr
Scu!plUr■
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3445
Currently
"The Brew
on Broadway"
Proposed Lease of City "Paseo"
for Outdoor Restaurant Fenced
Seating
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• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
March 14, 2016 9bii Paseo Lease Agreement -ZOMO (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 for
ZOMO 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 an ordinance, on second reading,
approving ZOMO's paseo lease agreement for a portion of the City-owned property at
3449 South Broadway.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Zomo, an Asian-fusion restaurant, is opening adjacent to the west-side paseo and
requesting a lease agreement for outside seating. Zomo is currently underway with
tenant finish to upgrade the former EI-Tepehuan Mexican Restaurant space at 3457
South Broadway.
Outside seating in the west-side paseo creates vibrancy in downtown Englewood by
activating public spaces.
FINANCIAL IMPACT
The City will receive annual lease payments of $332.00 from Zomo.
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:
Term S uare Feet Annual Lease Amount
Zomo A ril 2016 thru A ril 2019 332 $332.00
LIST OF ATTACHMENTS
Proposed Bill for Ordinance
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