HomeMy WebLinkAbout2013 Ordinance No. 062' ,.
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ORDINANCE NO . (/A
SERIES OF 2013
CONTRACT. NO. I\ 0 -;?D I 3
BY AUTHORITY
COUNCIL BILL NO. 58
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING ADDENDUM NO. 1 TO THE BROKEN TEE GRILL,
LLC . CONCESSIONAIRE AGREEMENT.
WHEREAS, the Englewood City Council authorized the Golf Course Restaurant
Concessionaire Agreement with Broken Tee Grill, LLC . by the passage of Ordinance No. 65,
Series of 2012; and
WHEREAS, due to the slow business in the winter months of January, February, March and
December the Broken Tee Grill, LLC has requested an adjustment in the terms of the rent
schedule; and
WHEREAS, the current agreement requires a monthly payment of $3,000 per month for the
months commencing on January 1st and ending in December; and
WHEREAS, the passage of this Ordinance would amend the current Agreement by requiring
$4,500 payments in 8 installments (April 1 through November 1) for the same annual total of
$36,000; and
WHEREAS, this has been done previously with other restaurant vendors and has proven to be
successful.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby approves "Addendum
NO . 1" to the Golf Course Restaurant Concessionaire Agreement between the City of Englewood
and the Broken Tee Grill, LLC, attached hereto as Exhibit A.
Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal Addendum
NO . 1 for and on behalf of the City of Englewood, Colorado .
Introduced, read in full, and passed on first reading on the 4th day of November, 2013.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 8th day of
November, 2013 .
Published as a Bill for an Ordinance on the City's official website beginning on the 6th day of
November, 2013 for thirty (30) days.
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Rc<1d by title and passed on final reading on the 18th day of November, 2013.
Publi shed by title in the City 's official newspaper as Ordinance No.~eries of 2013, on
the 2t"1 clay of November, 2013.
Published by title on the City's official website beginning o n the 20 th clay of
November, 2013 for thirty (30) da ys.
l, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No. (?Ar Series of 2013.
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Addendum NO. 1
THIS ADDENDUM NO. 1 to the Broken Tee Grill, LLC. Concessionaire Agreement, made and entered
into this __ day of ______ _, 20_, by and between the CITY OF ENGLEWOOD, a
Colorado municipal corporation, hereinafter referred to as "City'', and BROKEN TEE GRILL, LLC,
hereinafter referred to as "Concessionaire".
Toe Concessionaire agrees to renew the Broken Tee Grill, LLC. Concessionaire Agreement with Section
12 -Rent amended as follows:
Section 12. RENT.
a) Concessionaire shall pay rent to the City in accordance with the following schedule:
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Concessionarre shall pay $4,500 per month in 8 installments April 1, 201 4
through November for a total of $36,000. ·
The aforesaid fixed rent payments shall be paid each month, in advance, on
the first day of each month or on the first Monday of each month if the first
day falls on Saturday or Sun~ay.
A penalty fee of $10.00 per day or part thereof shall be charged for each day
or part thereof that the rent is past due, until 12:00 midnight on the 14th day
past due. If the rent payment is not rec~ived by midnight on the 14th day
past due, the Concessionaire shall be in -violation of the terms of this
Agreement, and subject to ten:nination.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the
day and year first above written. ·
CITY OF ENGLEWOOD, COLORADO BROKEN TEE GRILL, LLC.
"City'' "Concessionaire"
By ___________ _
RandyP . Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
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COUNCIL COMMUNICATION
Date Agenda Item Subject
November 4, 2013 11 a i Broken Tee Grill Restaurant
Addendum -Golf Course
Initiated By Staff Source
Department of Parks and Recreation Bob Spada, Golf Operations Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Ordinance #65, Series of 2012 -Approval of Golf Course Restaurant Contract with Broken Tee Grill, LLC
RECOMMENDED ACTION
Staff recommends City Council adopt a bill for an ordinance approving an addendum to the Broken Tee
Grill restaurant contract authorizing the payment schedule to start on April 1st and continuing to November
1st in the amount of $4,500 per month for a total of $36,000.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Golf Course has provided a restaurant concession at the existing clubhouse since 1982. The current
concessionaire, Broken Tee Grill, LLC has operated the restaurant facility since January of 2013.
The current contract indicates rent is due on the first of the month starting in January and ending in
December. Due to the slow business in the winter months of January -March and December, Broken Tee
Grill, LLC has requested an adjustment in the terms of the rent schedule. This has been done previously
with other restaurant vendors and has proven to be successful.
FINANCIAL IMPACT
There will be no financial impact to the golf course as the rent amount will remain the same {$36,000)
annually.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance