HomeMy WebLinkAbout2013 Ordinance No. 006•
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ORDINANCE NO. /e_
SERIES OF 2013
BY AUTHORITY
COUNCIL BILL NO . 2
INTRODUCED BY COUNCIL
MEMBER WILSON
AN ORDINANCE AUTHORIZING A LEASE WITH PAUL WEBSTER, SUZANNE ODIORNE-
WEBSTER, MATHEW WEBSTER AND CHARLES HOUCK FOR USE OF THE REAL
PROPERTY 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 approval of this Ordinance will permit "The Brew On Broadway" Paul
Webster, Suzanne Odiorne-Webster, Matthew Webster and Charles Houck to lease real property
located at 3449 South Broadway for outdoor seating; and
WHEREAS, the Englewood City Council finds that the leasing of a portion of that 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 1. A Lease with Paul Webster, Suzanne Odiorne-Webster, Matthew Webster and
Charles Houck for use of the real property located at 3449 South Broadway as outdoor seating
for "The Brew On Broadway". 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, and amended and passed on first reading as amended on the 4th day
of March, 2013.
Published by Title as a Bill for an Ordinance as amended in the City's official newspaper on the
8th day of March, 2013 .
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Published as a Bill for an Ordinance as amended on the City's official website beginning on the
6th day of March, 2013 for thirty (30) days.
Read by title and passed on final reading on the 18th day of March, 2013.
Published by title in the City's official newspaper as Ordinance No.ll1 , Series of 2013, on
the 22nd day of March, 2013.
Published by title on the City's official website beginning on the 20th day of
March, 2013 for thirty (30) days.
Lj'~~
~ P. Penn, Mayor
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is o/~rue copy of the Ordinance passed on final reading and published by
title as Ordinance No. _£, Series of 2013.
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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,
SUZANNE ODIORNE-WEBSTER, MATHEW WEBSTER, AND CHARLES HOUCK as
Tenants.
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,
2013 -April 1, 2014, 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 Tenant may, with approval of the Landlord, extend this lease for two (2) one (1) year
periods; notice of extension shall be given in writing sixty days (60 days) before the termination
of this Lease. This extension shall be for the rent of one dollar per square foot per year
($914.00) and said 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 TENANT, 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 .
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EXHIBIT 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 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, 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 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-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 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 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.
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12.
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 reletting, necessary renovation and
alteration expenses, commissions and the rent for the balance of the term of this lease.
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 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.
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ADDITIONAL PROVISIONS
Tenant shall pay the cost of the construction after written approval of any improvements.
LANDLORD
CITY OF ENGLEWOOD
By: __________ _
ATTEST: ________ _
TENANTS
WEBSTER BREWS LLC.
By: __________ _
PAUL WEBSTER
STATE OF COLORADO
COUNTY OF -----
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)ss.
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The foregoing instrument was acknowledged before me this __ day of
_______ , 2013, by Paul Webster.
My commission expires: ______ _
By: ------------SUZANNE ODIORNE-WEBSTER
STATE OF COLORADO
COUNTY OF -----
)
)ss.
)
Notary Public
The foregoing instrument was acknowledged before me this __ day of
, 2013, by Suzanne Odiorne-Webster. -------
Notary Public
My commission expires: ______ _
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By: __________ _
MATHEW WEBSTER
STATE OF COLORADO
COUNTY OF -----
)
)ss.
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The foregoing instrument was acknowledged before me this __ day of
, 2013, by Mathew Webster. -------
My commission expires: ______ _
By: __________ _
CHARLES HOUCK
STATE OF COLORADO
COUNTY OF -----
)
)ss .
)
Notary Public
The foregoing instrument was acknowledged before me this __ day of
------~ 2013, by Charles Houck.
Notary Public
My commission expires: ______ _
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OUTDOOR PATIO DIMENS IONS
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EXHIBIT 'A
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