HomeMy WebLinkAbout2012 Ordinance No. 065ORDINANCE NO . lt!5.
SERIES OF 2012
BY AUTHORJTY
COUNCIL B11.L NO . 64
INTRODUCEO BY COUNCIL
MEMBER WOODWARD
AN ORDINA.'ICE Al'PROVL'IG THE GOLF CO URSE RESTAURANT CONCESSIONAIRE
AGREEMENT BETViEEN THE CITY OF ENGLEWOOD AND DROK.EN TEE GRJLL. LL C.
WHEREAS , :he purpose of this A1,'l'eemen1 is to provide snack bar, grill and bar services 10
the golfing public and a quality, fl.II-servic e restau rant facility offering breakfast, lunch and
dinner for group meetings, service clubs and infonnal evening dini ng ;
WHEREAS, :he Golf Cou rse has provided a res taurant concession at the existing cbbhouse
si111.:e 1982 ; amJ
WHEREAS. the c urrent Concc~~iom:i ires Agreement ends December 31 , 2012; and
\VHF.RF.AS. the passage nfthis prnpnscc1 Orrlimmcc will :1pprove :1 new Go lfCom sr: Resr;mrnn1
Concessiona ire Agreement between the City and Broken Tee Grill, LLC ; and
WHEREAS , the Agreement is for a one year period with two one year renewal s at the option of
the Concessionaire and two additi~nal optional one year period s by agreement of both panics;
NOW, THEREFORE. DE IT ORDAL'\IED BY 1llE crrv COUNCIL OF THE crrv OF
ENGLEW0.!2_D , COLORADO, AS FOLLOWS :
Section I. The City Council of the City ofEuglewood , Colorado, hereb y authori,es and approves
the Golf Course Restaurant Concessionaire Ab'Teement, attac hed hereto as Allachment I .
Section 2. The Mayor and the Ci ty Clerk are hereby authorized to sign and at :est said Go lf
Cour se Res1aurilnt C:om:essio naire Agrc ~mcnt on behalf c,f the City of Engl ewood, Co lor:.u.J o
Introdu ced , read in full, and p,.:sed on firs\ reading on the 3rd day of December, 21Jl 2.
Published by Title as a Tlill for an O•dinance in the Cit y's official newspaper on the 7•h day o f
December . 2012 .
9 b,
l'uhli shed a, n Di ll for an Orcl111cncc on lhc Ci1y 's official wcbsi lc beginning on !ht. 5th cloy of
I )cccmbcr, 2012 for 1h1ni (30) days.
Read hy ti lie and passed on rinal rcadin~ on the 171h cla y nf Dcccmhcr, 2012 .
Puhli -.lwct hy 1i1lr in 1he r.ity's offi cinl nt'.w~aper ns nr<11n:111 cr. No hs. S,~ri r~'-nf:>0 12, nn
11 ,c 2 1 SI day of December, 2012 .
l'uhl i.,h.,;d by tilk. on the Cit y's official website be.ginning on the 19th dHy of
Decemb er, 2012 for 1hirty (30) days .
I. Louc1ishia A , Ellis, C ity Clr.:1J.. uC 1lu; Ci ly ur Euglcwrn,d, Co lor;nlu , lic1cl.,y i.:c1tify tli.it the
above ;mcl foregoing is_,.ajJllc copy of 1hc Ordina nce ;:iasscd on final reading and publ ished by
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AGREEMENf
TifJS AGREEMENT, hereinafter called "Lease", made and entered into this of
---,-,---,----,--,-' 2013, by and between the CITY OF ENGLEWOOD, a Colorado
municipal corporation, hereinafter referred to a, "City", and BROK.EN TEE GRil,L, LLC,
hereinafter referred to as "Concessionaire";
WITNESSETH:
WHEREAS , the City owns certain real property which is now operated as a municipal golf
course, bc'Teinaftor called "Golf Course", and located in the City of Sheridan ; and
WHEREAS, ilie City and Concessionaire desire to enter into a lease for lhe management of
the restaurant and lounge located al 2101 West Oxford Avenue, Sheridan, Colorado 80110;
NOW, THER.bl'ORE, for and in consideration of the mutual covenants hereinafter appearing
and of1be payment of the monies hereinafter set fonh, the parti<l' hereto agree as follows :
Se::tion l. STATEMEl'."TOF INTENT.
The pwpose of this Lease lo provide snack bar, grill and bar services to the golfing public and a
quality, restaurant facility offering brcakfa.st, lunch and dinner for group meetings, service clubs
and infonnal evenin~ dining.
Sectior. 2, GRA"IT .
The City hereby leases to Concessionaire the portion of its golf clubhouse presently used as its
, cstaurant concession, together with the improvements thereon, located at 21 OJ West Oxford
Avenue. Sheridan, Colorado 80110, for the purposes of serving food and beverages, including
alcoholic beverages.
Section 3. DEFINITJON OF PREMISES.
The "l..::a.,cd Premises" us refem:d lo herein is defined to be the golf clubhouse restaurant and
lounge which is owned by the City of Englewood, Colorado . [See Exhibit "B") Proposed food
and beverage operations shall also be allowed on the golf course. The hatched area [See Exhibit
A ) shall not be exclusive as to food . Nothing herein gives Concessionaire any right to inten"ere
with or participate in the operation of the Golf Course as a ~olf course, i.e . fairways and greens,
Pro Shop, and all other i;olf course operations.
Section 4. TERM OF AGREEMENT .
T ..;s Lease shall not be c!feclivc until Concessionaire has obtained a liquor license to dispense
alcoholic beverag1.s pursuant to C.R.S . 12-47-10 I et. seq . From the date of signalurt· unU the
liquor iicensc is authorized by the proper officials, thi s Lease sball be considered 1111 Option to
Lease that ,nay not be terminated by either party , e,cept that if the Liquor License is not granted
and in operation on or before January l, 2013 . The City hereby grants to Concessionaire the right
to hold the I .eased Premises pursu,1nt to the tem,s of this I .c.1.se for a one ( I) year lease with two
(2) one (I) yea r renewal s at the opt ion cf the Co n:essionaire and with two (2) additional optional
one (I ) year periods by agi ccmeut of butb pwlies The City reserves the ri ght to accept, modify ,
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or reject suid written proposal. If the Concessionaire in lends lo renew the colllracl they mus!
infonn '.he Director of Parks and Recreation ninety (90) day, prior to lcm,inalinn nfth,. le.,sr .
The City shsll infonn Cnncessinnllire ofit, decision through the. Dircclc " of Parks and
Re ~realion .
Section 5. USE OF TIIE PREMISES .
Concessionnirc shall have the right 10 possession of tl1c Le11sed Premise · for the purpose uf
serving ro od und/or beverages, i,icluding nlcoho lic beverages , for conswup1ion on the golf
course. However, nothing in 1hia Lcnsc shall be construed to auti,orize tbnt which is prohibited
under Uniled Slalcs, Slate or local lnw , ordinance, code or rcb'lllation. TI1e Leased Premises shall
be used by the Concc.ssionaire for the purvoying of alcoholic heverage.s, as the same lllllY be
authorized by and regulated under th• Colorado Liquor Code, C.R.S . 12-47-101, ct ccq., and for
the operation of a rcstauranL. Concessionaire shall operate the Leased Premise.~ in e careful , snfc,
quiet, orderly, and businesslike manner. Concessionaire shall not U.'iC or permit the prcwitit;S tu be
used for any purpose thal is prohibited under lhe laws of the Uullcd s1 .. 1cs, statutes of the Sta'.e of
Colorndo , or ordinnnces, regulations or codes of the Ci1y of Englewood or the City of Sheridan.
Concessiouuire shall provide food nnd/or beverages including alcoholic beverages on tl,c golf
course through the use of concession sheds, b:verage cnrt(s) or a combination ti1creof. Operation
time and use of the concession sheds and beverage cart(s) shall be provided by the
Conccssion•ire and sbnll be approved hy the City Manu1•er or dcsignee in the •arne manner a,
Section 8. Use of beverage cart(s) shall follow the same rulcc and regulalionc DC go lf coar.,c
rcnlal earls. Concession shed desib" shnll be upprovcd by U,c City Manager or his dcsignce. Use
of beverage carts sh•ll uot inlerfcrn will, the operation of lhe golf course. Service to the golfers
on !he coun,e shall be reviewed by the City Manager or his dcsignec every six (Ci) months .
Enlertainmcnl of any nature thal Concessionaire proposes on the premises suall be su~ject 10 prior
approval by the Englewood City Manager or bis designee, which approvul shall not be
unreasonably withheld. If the City determines any entertainment to he objcclinnable, City shnU
notify Concessionaire in writing thereof And Concessionaire shall terminate said entertainment
immediately.
Section 6. EXCLUSIVE RIGHT TO USE PREMISES.
City hereby granU; 10 Concessionaire the exclusive right to use the Leased Premises to operate a
reslllurnnt and to purvey alcoholic beverngcs . The City will provide vending ma e-hincs at the
driving range . Any use of vending machines by the C',1nccssionaire mw;t be api,: JVed by the City
Manager or dcsignee . The City may use outs ide fo nd ,,cndors for certnin specia l events such as
lti:,ior Golf, Golf 4 FLn , elc . Shelter area (:iatched r •,·L oo Exhibit A) shnll nol be exclusive ns to
foc,d . This ,.,11 be done on o limited bas ir. as requested ~y the City Mw,agcr or his desigucc.
s~c,ilfill . MENU.
The Concessionaire shBII provide an attractive menu for hrcakfllSI , lunch, and evening meals
listing meal items, ·beverages available and current pricing. Menus, pricing and ,bungcs to menus
or pric 'ng of menu items shall be reviewed and approved by the City MRnager or hi, dcsignee.
Section 8. HOURS OF OPERATION .
a) From May 1st through September 30th of each year, the Concessionaire shall operate
the restaurant facility seven (7) days per week and during those months shall be open
each day to serve meals to the public from one-half h01.ll' before dawn and shall
remain open until at least I 0 :00 p.m.
b) During the month,; of October 1st through April 30th of each year, the
Concessionaire shall operate the restaw"ant facility ~even (7) days per week and
during the.qe montbs shall be open each <Illy to serve meals to the public at dawn aod
shall remain open until at least R:00 prn .
c) Beverage cart(s) must be provided seven (7) days per week and two (2) beverage
carts arc required for larger toumomcnto (60 participants or 01oro), weekends and
holidays . Holll'S ofoperation, including the hours of concession shed and beverage
cart operation, may be modified with written approval from lhe City Manager or bis
designee.
d) Beverage cart operation (including concession shed) needs to service the 18-bole
regulation course and the Par 3 COUl'C, During the months of June, July and August
and on Friday, Saturday and Sunday, two (2) beverage cw arc required.
e) Sunday closing at 8:00 p.m. is permitted. Nothing herein shall be construed as
prohibiting the Concessionaire from being open for other hmm in addition to those
stated in paragraphs "a" and ''b " above. Restaurant may close on Christmas Day .
I) Concessionaire agrees t~ cooperate with the Golf Course Manager in scheduling golf
meetings and events that involve use of the grill, meeting room and dining room. In
the event of auy disagreement, the matter shall be referred to the City Mllllllgcr or his
designee.
g) Concessionaire and or the City may temporarily close tbe restaurant facility for
cleaning, con,,11\lction and maintenance uuder a mutually agreed upon schednlc .
Se(".\i on 9. MAINTRNANCE, REPAIR AND RF.Pl ,ACF.MF.NT.
i. The Concessionaire shall be responsible for repairs and/or repleccroent of at,
appliances, di shes, glasses, silverware, and other equipment aod mis cellanc Jus
cooking pots, pans and utensils .
ii. The City shall be responsible for the •election of the contractor for
maintenance, repairs aod replacement of the stov~. grill and oven, hood und fire
suppression sy stem, deep fat fryer, sinks, b'l'ease trap , drains , cab inets , freezer,
walk-in co oler, bar refrigeration, fur:iiture , and snack bar cool'%.
~ECTION 10 . C LEANLINESS GUIDELTNES .
Th ~ C0nccssion aire will maintaiu, al all time,;, the kitchen , fo o<l prep aral ion, dining and bonqu c:\
areas, all equipment, fixtures , pMapbemalia , materi al s, utensil s and oth er items there in, in a cl ean
and sani tary manner , polished an d wuxcd to the highcs'. degree poss ible . Conce::sio nairo shall
kc"p th e concession facilitie s clear of broken gless , debns, nnd gnrhuge. Con:e.ssrnnaire shall
tfi spu :,;c uf any waste wul:1 01 oll.u;r wasle Ou id in the sanitary ~ewer. In the:. evcnl waste fluids
mny not lcg ntl)' be disposed of in the sanitary sewc:-, th t:11 Cc,ncessi1,11aire i.:. responsibl e for
di spos ing of sumc io nn npproprilllc nnd lawful manrlC:<. Conccssiouoirc Nhull comply wi tl , al l
appli cabl e. heult.h and :;anitation law s ond J'C!,,'Ulntions in effect where the f oodll,cveragc a1ca:-ure
101.:att:d The Ccnce~s1onnire shull pennit and focilitnlc imipccti on of the food/hevcrngc ,ucn c, hy
lh ~ City tuld its rcp:-,~smll alive s nml by public hcalth l!::mi ta tirin/huildir:g/iu-e nuthoriti c:; so
nulhori md at nil lim es
Th e fo ll owing shall establi sh the minimum su nilalion guidelines for U,e Conr.e.s.si onairc :
a) The San.itation Cod e of the U.S . F,..,d Ser1ice hxlustr,· os published by the Nati onal
Restaurant Ass ociation.
b) All Stmt: of Colorado Acts and Regulations goveming food service operations .
cJ All applicable County Public Health'Sanitation Re&'IJiatimLS .
d) All applica ble Federal Government AcLs and Regulati ons.
e) Ally spe cifi c guidcliue s established by the City Manager or his de;ipcc.
SECTION 11 . SANITATION REGULATION AND JOO INSPilCTJON.
n) lnfonnal inspection s of the food service fn oilities nre to be conducted weekly by O,c
Concessionaire . An inspection checl:Jist i, to be prep:i:ed and completed by the
C.Amcci::;ionaire for each in spcclion, and snid checklists are lo be mnde available to
the Cit)' upon its request. A complete rernrt of correctivl". ru~a sures taken or to be
taken for any deficiencies noted should accompany the insp ection repn r ..
b) Info:mal inspections of the food service focilities are to b, conducted daily by the
Concessionaire with immediate corrective measures tnkcn for any de:iciencies noted .
c) Follllll! inspections of the food service faciliti es arc to be conducted• mini:nuru of
two (2) times per year, by 01c City Manager 's desi1,'1lllted representative,
accompanied by the Concessionaire .
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~ RENT .
a) Concessionaire shall pay rent to the City in accordance with the following schedule :
i. Commencing on January I, 2013 Concessionaire shall pay $3,000 per month .
ii. The aforesaid fued rent payments shall be paid each month, in advance, on
the first day of each month or on the first Monclny of each month if U1e first
day falls on Saturday or Sunday.
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
pa.st due . If the rent payment is not received by midnight on the 14th day
past due, the Concessionaire shall be in violation of the terms of this
Ait'ecment, and subject to tmnination.
Section 13. UTll..ITIES.
City shall prov;de nil utilities required lo opcrote the rcstnurnnt conces.,ion.
~ JANITORIAL SERVICE A,'ID TRASH REMOVAL.
City shall be responsible for the reasonable cost of trash removal and janitorial service for the
Leased Premises. Nothing in this Paragraph sball diminish the Concessionaire's requirements set
forth in Paragraphs l O and l l .
Section 15. PARKING FACILITIES .
a) The existing pw-king facility adjacent to the Restauranl concession (hereinafter called
"parking fecility") shall he open for use hy Concessionaire and its customers; such
right of use of the said parking facilities shall be non-exclusive right.
b) The City shall at it,; own npcnse main tu in the parking facility, which shall include
snow removal when necessary.
,Section 16. PHYSICAL FACILITY AND EQUIPMENT.
City agrees to provide space, fixtures, eqwpment and tumiture for an equipped kitchen, bar,
lounge area, grill, snack bar and two dining/meeting rooms. Concessionaire agrees not to move
existing partitions scpar.iting dining area and meeting room without the written pennission of the
City ~anager ~r Ws desi gnee.
Section 17 . ADDmONALFAr.11 ,ITfHS AND EQUIPMENT.
Concessionaire shall have the right to install additional facilities nnd equipment with the consent
of the City Manager or h!s designee . Said facilities and equipment shall t,ecom~ the propc'lty of
the City uvou U1e tcnui11atiou ofU1e lease .
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£ccJj.91t..J 8, SECURITY .
Coucessio11a ire is responsible for the nhtAining of theft in su ranr.e covering ull food, liquor , and
oUmr r.ur,plies nnd persona) prop:rty of Concessionaire . Such policie~ shall conlnin no right of
subrogation ai;ainsl the City. Co ncess ion aire shall provid e a copy of'th e policy lo ti><, Cit y
M;mHgt.1· or hi s tlcsi ~nc:c.
Section 19. l'illlSUNNEL.
a) Conces&ionmrc shall al i(s own expen se employ such qualified pers onnel as may be
necessary for U,c concession opernhon and shall requ ire all personnel to be clean,
polite, and conr1cou s in their interactions with the puhlic .
b) Conccsoionnire shnll supervise and direct to the opernlion of the c,onoe,;uiun and ,
when absent., insure competent pcrs ,Jancl arc in charge .
c) Concessionaire shall appoilll n qualifi ed and cxpcricn:ed rest uuranl ma:uager The
res1aunmt manager shall be vc.,tt:d with fu U power and au!hority of U1e
Concessionaire rcga rdbg operation· of \be concessionaire and the app ear,JJcc ,
conduct and demean or of the Concessionaire's employees. The Cit y Manager or his
desi gn ee •hall have the right to interview and approve oc disapprove the
Concessionuirc 's restaurant maa2ger .
d) City •hall not he rc.,ponsiblc for the wages or &alarics of a,:y employee or
repr!Scntati ve of Couc.cs siuuuire, uur fur any Jebt.s , liabili ties or otl1er uhlig-Jti um; uf
C0ncessionaire.
e) Neither !he Concessionaire nor the employees who perfonn services pursuant to the
Agreement shall be considered employees, scrvnnts or agents of the City of
Englewood perfonning of services under this Aifeement.
f) Violence and acts prohibited by law committed by Concessionaire or employees of
Concessionaire shall cause immediate termination of the Lea.sc.
g) All concession personnel are rcspor.sible for the safe use and proper maintenance of
1111 kitchen equipment. Concessionaire is responsible for training personnel on nil
kitchen equipment operntions und maintenance .
Section 20 . LICENSES ANl)PERMffS.
Conccssionai.rc, at its own ex pense, sholl secure nny and all licenses und pennits for food servic es
11tu.l pwv~yuucc of ulcoholic and oon~alcob olic b~,·cmgcs . Co11cessionairc agrees to pro mptly
initiate m applicnlion and obtain a Hotel and Restaurant Liquor License pw-su,wl to C.R.S . 12-
47-1 OJ et seq . Concessionaire shali have the responsi bility oftbe enforcement of all liquor laws
and regulations on the premises .
Con c es,ion•ire shall reimburse the City for all license fees it has paid to Sheridan nnd the State of
Colorado .
~-COMPLLA.NCE WITH STATE AND CITY HEAi.TH CODF.S.
Conce,sionairc shaU maintain aU concession areas in a clean and sanitary condition at all times
and shall comply with all State, County and City health laws relating to the dispensing of food
and beverages.
Section 22. INSURANCE/INDEMNIFICATION.
a) Concc;sionaire agrees lo furnish to City a performance bond $50,000 line of credit or
a cash deposit of $50,000 in the amount oiFifty Thow;und Dullan ($50,000.00)
guaranteeing faithful performance by Concessionaire of aU terms, covenants, and
conditions herein conllli.nc<l .,. wcU as compliance with applicable City ordinances.
Said bond shall be furnished as of the date of execution of this Lease.
b) Concessionaire shall al Concessionaire's own expense keep in full force and effect
during lhe term of this Lease statutory Worker's CompenSJ1tion coverage. A copy of
the certificates of insurance shall he sent to the City in care of the purchasing
division.
c) INDEMNIFICATION . Concessionaire agrees to indemnify and hold harmless the
City of Englewood, its officers, emplc:>yec;, insurm, and self-insurance pool, from
IUld against aU liability, claims, and dem.._d:, due to il!j?.l:j', loss or damage, of any
kind whatsoever, which arise out of or are in any m=er cocnected with
Concessionaire, if such injury, loss, or damage is caused in whole or in part by the
act, omission, or other fault of Concessionaire, or any officer or employee of
Concessionaire. Conccssionair~ agrees to inves+jgate, handle, respond to, and to
provide defense for any such liability, claims, or demands a1 the sole cxpon.se of
Concessionaire, and agrees to bear aU other costs and expenses related thereto,
incluiliug court costs and attorney fees, whether or not nny such liability, claim£, or
demands alleged are groundless, false, or fraudulent.
d) INSURANCE.
i. Concesb-ionaire is to procure and mainlaiu, at its own cost, a policy or policies
of insumnce sufficient to insure against aU obli~ntiom assumed by
Concessionaire pursuant to this Lease.
ii . Concessionaire shall procure and continuously maintain tho minimum
insurance coverage's listed below, with Uie forms aod insurers acceptable to lhc
City of Englewood. In the case of any claims-made policy, the necessary
retroa::tive dates and extended reporting periods shall be procur<:d to · maintuin
such continuous coverage.
(A) General liability insurance with minimum limit of one million dollars
($1,000,000) Each 0::currence and two million dollars ($2,000,000)
General Aggregate aod errors and omissions iasunu,ce with minimum
limit of one million collars ($1 ,000,000) per ench person and one
million dollars ($1,000 ,000) per each occll!Tcncc , plus an additional
amount sufficient to pay related attorneys' fees and defense costs .
(B) Liquor Legal Litbility In surance , with minimum limi u: of $1,000,000
for injury or death of any one person; $1,000,000 for injuries or death
occuning as a result of any one accident; $1,000,000 f~r prop cny
dama~e; and S 1,000,000 for pro:lucts liability. A certificate
evidencing said insurance policies shall be kepi on file with the Clerk
of the City and thr. City !lmcl:nsinc divi sion ;md shnll have a provisi on
thal the r.nme -s holl nol be Rllered, amended , or cancelod with out first
giving written notificolion lbereofto the City thirty doys prior Lltcrcl t>.
Conce;sion•tre farther agrees lo indemnify the City Cot 1u1y claims
brought against the City b ecau se of or on uccuunt of Conce,sionairc's
operation.
iii. Fire and Extended Coverage Insurance shaU be provided by the City on the
Club House building, and extended buildings included in Leased Premis es ,
only . C.once.ss ionaire shall he. solely re.s pnnsible for securing ancl payin c for
insurance coverage on those improvements and contents belonging to
ConCCSJ1ionnire locutcd in or on lhe Leo sed Premiaes . Concess ionuire hereby
cx.µrcssly waive& any cause of action or right of reco\.'ery which Concessionaire
may hereafter have agaillst City for any lo ss or dum1tgt: to Leased Prem ise., or
lo any contents or improvements thare10 belonging to either patty, cau sed by
fire or explosion.
iv . TI1c policies required above shaU be endorsed to include the Cit y of Engicwood
nnd the City of Englewood', officer• and emplciyee.s as additional insured.
Every policy required obovc shall be primary insurance , and any in!-uran ~e
cnrried by the City of Englewood, its officers, or its employees, or carried by or
provided through any seli-insu: ance pool of the City of Englewood, shall b:
excess and not contributory ilummncc to that providt::d lJy C u11i.:cssionuirc .
v. Tho certificate of insurance provided to the City ol Englewood shall be
completed by the Concessionaire's insurance agent as evidence that policies
providing the required coverage's , conditions, and minimUDl limits are in full
force and effect, and wll he rev iewed nnd •!'Proved by the City nfEnglowood
prior to commcneemcnl oflhe Agreement. No othc:r form of certificate shuU
be used. Tho certificate ,will identify this A1,>reemont ond sbnll provide th.,1 tho
cc,vernge's afforded under the policies sbaU not be canceled, lcnninalcd or
materially changed until at least 30 duys prior written notice has been given to
the City of Englewood. The completed catificale of insurance shall be sent 10:
City Clerk
City of Englewood
1000 Engl ewood Parl-way
Englewood, Colorn.:lo 80 ll 0
A certified copy uf any polic-y shull be provided to the City of Englewood nl its
request. A copy of the certificates of insurance shall be sent to the City in care of tho
Purchasing Division, 2800 South Platte River Drive, Englewood, Colorado ij0110.
vi. The parties hereto imdcrsllllld and agree that the parties ore relying on, and do
not waive or intend to waive by any provision of this Agreement, the monetary
limitations (presently $1 ,000,000 per person and $1,000,000 per occurrence) or
any other rights, immwlities , and protections provided by the Colorado
CfovernmentAI Immunity Act . C.R.S. 24-10-101 ct seq., as from time to time
amended, or otherwise available to the panics, their officers, or their
employees.
A certificate evidencing said insurance policy shall be kept on file with the City
Clerk of the City and shall have a provision that the same shall nm be altered,
amended, or canceled without first giving written notification thereof to the City
thirty days prior th:,reto . Conce.ssionairc further agrees to mdcmnify the City for any
clnim~ brought against the City because or on account of Con<:cssionaire's operation.
A copy of the certificates of insurance shall be •ent to Ilic City in care of U,e
purchasing division .
Section 23. FIRE OR NATURAL DISASTERS .
In the event fire or natural disaster renders the Club House nnd its concession facilities
inoperable, the Concessionaire shall be released from the terms of compensation to be paid the
City un1iJ such time as the Club House nnd its concession facilities arc declared open and
operable by the City . If in the event such concession facilities are nol open and operable within a
period of thirty (30) days from the time of such disa,;ter, Concessionaire has the right to terminate
its conllact and l..e2se with the City under Section 24 , Termination of Lease, contained herein.
Section 24. TENANT RECORDS.
Concessionaire shall keep and maintain complete and accuratr. records and accounts of its
business on a calendar year basis . A monthly report shall be generated providing a breakdown of
"gross sal co .• ,to the following categories :
Food Operations,
Banquet Operations ,
Beverage Operations AND
Can Operations .
Such records shall be maintained in accordance with generally accepted accounting principles.
Toe records shall clearly show Concessionaire's gross sales, including proceed:. from all catering
activities . Gro ss sales shall be divided in restaurant operations, catering opm1tions and bar
operations . Such records and ar.counls , including all sales taJ< reports that Concessionaire
furnishes lo any government or governmental agency sball be mnde available for inspection nt
any rea sonable time upon request of the City , the City 's auditor , or other authorized
representative . The City reserves the right to fC<!uire Concessionaire to engage an independent
auditor lo perform an audit of the Concessionaire's records at Concessionaire's expense.
~Ql!~-TERMJNATION OF LEASE.
a) Thi s Lease may, at any time , he tr.nninatctl hy eilhcr party up on ninety (90) da ys'
written notice to tbe other without caui;c ,
l,) 1b~ parties may terminate the Lease by giving tluny (30) da ys ' wt iucu uuli cc or a
violation ofparn1,oraplts 5, 6, 7, R, 9, JO, JI, 12, 13, 14, 15 , 16 , anrl 17 .
c) Violation of paragraph s 18, 19,211, 21 ru;d 22 shall be 1,,rounds for immediate
1enninlllinn of the Lease.
Se.c,l inn 26 . DET.rVF.r,Y ANO RF.MOVA!. !JPONTP,RMJNATION .
Couccs3ionnirc will doli\'or the premises at the termino.tion of this Lem:e in ar. goc,d condition and
slate of repair as when received, except for ordinary wear and tear or lo ss or damage caused by an
uct of GocJ . Upuu lcm1inatiu11 1 Com.a:ss iunairn shull lauvt: lLe tiglJl to nm1ov~ auy supp lies or
pcrsmml property bclouging to or instailecl by the operator, subject, however, to HUY valid lien 0r
claim which City may have for unpaid foes . l'rovidcd also Uial if said removal causes any
camnge to the premises, said Concessionaire will repair the same in n proper and satisfactory
manner at it& own expeme.
All liquor licenses shall be transferred to the City of Englewood or new concessionaire . At no
time shall Concessionaire terminate, alter or surrender the liquor license without approval of the
City of Englewood . The Concessionaire shall be subject to •injtlllction to prevent surrender or
iujury to the liquor license. Upon termination, the attached Power of Attorney shall be Of crntive
and shall allow the City to operate the establishment pursuant to low.
Section 27 . This Agreement may not be assigned and e sublease sh21l uot be allowed without the
written consent of both parties .
Section 28. NOTJCES .
A II notices, demands and communications hereunder shall be personally served or given by
ci:rti ficd or rcg1sttrtd wail , urn.I:
a) If imeodcd for City shall be ac:drosscd lo City at:
City of Englewood
Attteution : City Mnn,eer
l000 Englewood parkway
Ilntlcwood, Color•do 801 10
with a copy to:
City of Englewood
Attention: City Attorney
1000 Englewood Parkway
Englewood, Colorado 80110
10
b) If intended for Concessionaire. shall be addressed to Coucessiooairc at:
Craig Caldwell
2721 South Fillmore Street
Denver, Colorado 80210
303 520--0655
c) Any notice given by mail shall be deemed delivered when deposited in• United
States general or branch post office, addre.~,ed as above, with postage prepaid, or
wher. served personally at the opplicable address.
Section 29 . ENTIRE AGREEMENT.
This Lease, together with the exhihit, atlllchcd hereto:
a) Contains the entire agreement between the parties; and
b) Shall be govemcd by the laws of the State of Colorado.
~-SEVERABil,IlY.
If any clause of provision of this Lease is illegal, invalid or unenforceable under present or future
laws effective during the tenn of •his Lease, then and in that event, it is the intention of U1c partic:.
hereto that the remainder of this Lease shall not be affected thereby. It is also the intention of the
parties to this Lease that in lieu of each clause or provision of this Loose tbut is illegal, invalid or
unenforceable, there he added as a part of this Lease a clause or provision as similar in tcnns to
such illegal, invalid or unenforceable clnuse or pMvisioo no mny be possible and be lcga:, valid
and enforceable.
~CAPTIONS.
Toe caption of each Section is added as a matter of convenience only wid shall not be considered
in U,e cou.muction of any provision or provisions of this Lease.
St~. BINDING EFFECT.
All tenns, conditions and covenants to be observed and performed by the pruties hereto sbaU be
npplicable to and binding upon their respective heirs , ndministmtors, executors, successors and
assigns .
11
IN WITNESS WHEREOF, the parties hereto have hereunto set their hnnds ancl r.caln un
o r the: day u11d year fu ·s1 above written .
CITY or ENGLEWOOD, COLORADO
"City"
By __________ _
T(1 111dy P. Penn, Mayor
ATl'EST:
Loucri shia A. Ellis, City C lerk
Bl<UJWN TEE Gl(ILL, L LC
"Co nces sion ai re"
12
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EXHIBIT B.
COUNCIL COMMUNICATION
Date
December 3. 201 2 9 a i ' -~ jtaur ~nt Contract · Golf Cour5 e I
Agenda It em I Subject
f-,-11-it-i,,-le_d_B_y ______ ~------,I-S-t-af-:cf-S_o_u-rc_e_,_
Department of Parks and Recre ation I Jerrell Bl ack, DirP.c tor d Parks and Recreation
L.....------------------'-'B"'o"'· b~Sp"',a"'d"'""-' _C0:.=· 0:.QP._~.1tio11s Manai:ter
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
2007 App roval of Restaurant Con tr act -Dadiotis Coif En terpri ses, LLC
200/i Ariproval of Revised Restaurant Contr ac t -Caddie Shack. LLC
2004 Approval of Res ta urant Contra ct -Caddie Shack, LLC
2000 Approval of Resta .Jr ant Contra cl-Reif Golf. In c
1996 Approval of Res taurant Con tract• JOQ's Corpornti o n
1988 Approval of Res ta ,Jrant Contract-Anderso n/Ma ll oy, In c. D.B.A.· Woody's Club
1 %6 Approva l of RestaJrant Contract-Mur-James Corporation
1-~3 2 Approval of Resta~rant Contract-l l 01 Corp o rat ion
RECOMMENDED A.cTION
Staff recommends Cit\ Council adopt a bill for an ordinancP approving the Golf Course Res taurant
Concessionaire Agreement between the City of Englewo, J and e-·oken Tee Grill LLC.
BACKGROUND, ANALYSIS, AND ALTl:RNATIVES IDENTIFIED
The Golf Course has provided a restaurant concession at the existing clubhouse since 1982. The current
concessionair e, D adioti s Golf LLC ha s operated th e restaur .mt facility since October of 2004. Th e current
co ntr.1ct will f!n d on De..::em ber J 1 u, 20 12.
CONTRACT : The current contr,1ct was developed by re ceiving inpu1 from th e Parks anrl Rerreatinn staff,
City Allorney's office and th e Finance Department. The cont J ct w,is developed to provide fairness a 11 d
equity ior hoth the concessionaire ,md the City nf FnglP.wnorl .
Bid requests were distributed to twenty int eres te d parties. Three interested parties ume lo the restaurant
wa lk th ro ugh . One party s uhmitted a bid ; Broken Tee Gri ll LI .C The principals of Broken Tee Grill LLC a re
experienced go lf course food and beverage concessionai res. Over the last seven years th ey have operate d
golf course concessions a t Murphy Creek Golf Course and Saddle Rock Golf Course in Aurora . Th ey
c urr e ntl y ha ve an interest in th e food and beverage operations a t Ci ty Park, Willis Case and Kennedy Golf
Courses. Pri o r to the golf course restaurdnt operations, Craig Caldwell owned and operated Br ook:yn's,
Milwaukee Street Tavern, Cri ms o n and Gold , Denver Whetl Club 4()4, The Pacific Cafe, Legends, Thi rsty's
and W icky's in Pl aya del Carmen.
FINANCIAL IMrACT
The rema l f):l)'lllent will Ill~ $3(,,000 p er year. Th e Co nccssion,1im will h e~ rn ~;pnni;ihl P. for th e fir!i l $:J,SUO
for re pai r ,'1nd l'ni!inlenance of th e k11 c he n a ppli a n:l-:s.
usr Of AflACHMENT~
Prnposc:d Bill for t.m 01 dinance