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HomeMy WebLinkAbout2007 Ordinance No. 072ORDINANCE NO.~ SERIES OF 2007 CONTRACT. NO. / S.. '1-,l_e> b 11 BY AUTHORITY COUNCIL BILL NO. 69 INTRODUCED BY COUNCIL MEMBER OAKLEY AN ORDINANCE APPROVING THE GOLF COURSE RESTAURANT CONCESSIONAIRE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND DADIOTIS GOLF ENTERPRISES, LLC, FORMERLY CADDIE SHACK, LLC. WHEREAS, the purpose of this Agreement is to provide snack bar, grill and bar services to the golfing public and a quality, full-service restaurant facility offering breakfast, lunch and dinner for group meetings, service clubs and informal evening dining; WHEREAS, the Englewood City Council selected Caddie Shack as the Concessionaire to operate the Englewood Golf Course Clubhouse restaurant by the passage of Ordinance No. 53, Series of 2004; and WHEREAS, the City of Englewood, was approached by Miller Weingarten Realty on behalf of the Sheridan Redevelopment Agency in 2004 regarding the proposed redevelopment plan for the area west of South Santa Fe Drive, between Hampden and Oxford A venues and the Englewood City Council approved a property lease agreement with the Sheridan Redevelopment Agency and Miller Weingarten; and WHEREAS, due to the renovation of the golf course and the significant reduction in golf play in 2006, the Englewood City Council approved a revised contract for the current restaurant concessionaire which allowed the restaurant to continue operations during the golf course construction period by the passage of Ordinance No. 48, Series of 2006; and WHEREAS, Caddie Shack LLC, the current concessionaire, is changing the name of the business to Dadiotis Golf Enterprises, LLC; and WHEREAS, the passage of this proposed Ordinance will approve a new Golf ~ourse Restaurant Concessionaire Agreement between the City and Dadiotis Golf Enterprises, LLC; and WHEREAS, the Agreement is for a one year period with two one year renewals at the option of the Concessionaire and two additional optional one year periods by agreement of both parties; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado, hereby authorizes and approves the Golf Course Restaurant Concessionaire Agreement, attached hereto as Attachment 1. 11 b i Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest said Golf Course Restaurant Concessionaire Agreement on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 3rd day of December, 2007. Published as a Bill for an Ordinance on the i 11 day of December, 2007. Read by title and passed on final reading on the 17th day of December, 2007. Published by title as Ordinance No. @series of 2007, on the 21st day of December, 2007. · s K. Woodward, Mayor I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is Jl.{;;1~ copy of the Ordinance passe n fin . ading and published by title as Ordinance No. ~eries of 2007. AGREEMENT THIS AGREEMENT, hereinafter called 11 Lease11 , made and entered :into this ____ of ---------, 2007, by and between the CITY OF ENGLEWOOD, a Colorado 111 uni ci pal corporation, hereinafter refen-ed to as 11 City1', and DADIOTIS GOLF ENTERPRlSES, LLC., hereinafter referred to as 11 Concess:ionaire"; WITNESSETI-I: WI-:IEREAS, the City owns certain real property which is now operated as a municipal golf course, hereinafter called "Golf Course", and located in the City of Sheridan; and WHEREAS, City and Concessionaire desire to enter into a lease for the management of the restaurant and lounge located at 2101 West Oxford Avenue, Sheridan, Colorado 80110; NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter appearing and of the payment of the monies hereinafter set forth, the parties hereto agree as follows: Section 1. STATEMENT OF INTENT. The purpose of this Lease to provide snack bar, grill and bar services to the golfing public and a quality, full-service restaurant facility offering breakfast, lunch and dilmer for group meetings, service clubs and info1111al evening dining. Section 2. GRANT. The City hereby leases to Concessionaire the portion of its golf clubhouse presently used as its restaurant concession, together with the improvements thereon, located at 2101 West Oxford A venue, Sheridan, Colorado 80110, for the purposes of serving food and beverages, including alcoholic beverages. Section 3. DEFINITION OF PREMISES. The 11 Leased Premises 11 as refened to herein is defined to be the golf clubhouse restaurant and lounge which is owned by the City of Englewood, Colorado. [See Exhibit "A"] Proposed food and beverage operations shall also be allowed on the golf course. Nothing herein gives Concessionaire any right to interfere with or participate in the operation of the Golf Course as a golf course, i.e. fairways and greens, Pro Shop, and all other golf course operations. Section 4. TERM OF AGREEMENT. This Lease shall not be effective until Concessionaire has obtai11ed a liquor license to dispense alcoholic beverages pursuant to C.R.S. 12-47-101 et. seq. From the date of signature until the liquor license is authorized by the proper officials, this Lease shall be considered an Option to Lease that may not be terminated by either party, except that if the Liquor License is not granted and in operation on or before January 1, 2008. The City hereby grants to Concessionail'e the right to hold the Leased Premises pursuant to the tenm of this Lease for a one (1) year lease with two (2) one (1) year renewals at the option of the Concessionaire and with two 1 A t t a C h m e n t l (2) additional optional one (1) year periods by agreement of both parties, The City reserves the right to accept, modify, or reject said written proposal. If the Concessionaire intends to renew the contract they must inform the Director of Parks and Recreation ninety (90) days prior to temunation of the lease, The City shall infom1 Concessionaire of its decision through the Director of Parks and Recreation. Section 5, USE OF THE PREMISES, Concessionaire shall have the right to possession of the Leased Premises for the purpose of serving food and/or beverages, including alcoholic beverages, for consumption on the golf course, However, nothing in this Lease shall be construed to authorize that which is prohibited under United States, State or local law, ordinance, code or regulation. The Leased Premises shall be used by the Concessionaire for the purveying of alcoholic beverages, as the same may be authorized by and regulated under the Colorado Liquor Code, C.R.S, 12-47-101, et seq., and for the operation of a restaurant. Concessionaire shall operate the Leased Premises in a careful, safe, quiet, orderly, and businesslike manner. Concessionaire shall not use or pennit the premises to be used for any purpose that is prohibited under the laws of the United States, statutes of the State of Colorado, or ordinances, regulations or codes of the City of Englewood or the City of Sheridan. Concessionaire shall provide food and/or beverages including alcoholic beverages on the golf comse through the use of concession sheds, beverage cart(s) or a combination thereof. Operation time and use of the concession sheds and beverage cart(s) shall be provided by the Concessionaire and shall be approved by the City Manager or designee in the same manner as Section 8. Use of beverage cart(s) shall follow the same mles and regulations as golf course rental carts, Concession shed design shall be approved by the City Manager or his designee. Use of beverage carts shall not interfere with the operation of the golf course. Service to the golfers on the course shall be reviewed by the City Manager or his designee every six (6) months. Entertaim11ent of any nature that Concessionaire proposes on the premises shall be subject to prior approval by the Englewood City Manager or his designee, which approval shall not be umeasonably withheld. If the City detennines any entertainment to be objectionable, · City shall notify Concessionaire in writing thereof and Concessionaire shall temnnate said .entertaimnent immediately. Section 6. EXCLUSIVE RIGHT TO USE PREMISES. City hereby grants to Concessionaire the exclusive right to use the Leased Preinises to operate a restaurant and to purvey alcoholic beverages. Use of vending maclunes by the Concessionaire must be approved by the City Managei• or designee. The City may use outside food vendors for certain special events such as Junior Golf, Golf 4 Fun, etc. This will be done on a limited basis as requested by the Parks & Recreation Director or his appointee. Section 7, MENU. The Concessionaire shall provide an attractive menu for breakfast, lm1ch, and evening meals listing meal items, beverages available and current pricing. Menus, pricing and changes to menus or pricing of menu items shall be reviewed and approved by the City Manager or his designee. 2 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 these months shall be open each day to serve meals to the public from one-half hour before dawn and shall remain open until at least 10:00 p.m. b) During the months of October 1st through April 30th of each year, the Concessionaire shall operate the restaurant facility seven (7) days per week and during these months shall be open each day to serve meals to the public at dawn and shall remain open until at least 8:00 pm. c) Beverage cart(s) must be provided seven (7) days per week and two (2) beverage carts are required for larger tournaments (60 participants or more), weekends and holidays, Hours of operation, including the hours of concession shed and beverage cart operation, may be modified with written approval from the City Manager or his designee, cl) Beverage cart operation (including concession shed) needs to service the 18-hole regulation course and the Par 3 course. During the months of June, July and August and on Friday, Saturday and Sunday, two (2) beverage carts are 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 hours in addition to those stated in paragraphs "a" and "b" above. Restaurant may close on Christmas Day. f) Concessionaire agrees to 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 any disagreement, the matter shall be referred to the City Manager or his designee. Section 9. MArnTENAl'-TCE, REPAIR AND REPLACEMENT. i. The Concessionaire shall be responsible for repairs and/or replacement of small appliances, dishes, glasses, silverware, and other equipment and miscellaneous cooldng pots, pans and utensils. [See Exhibit B] ii. The City shall be responsible for the selection of the contractor for maintenance, repairs and replacement of the stove, grill and oven, hood and fire suppression system, deep fat fryer, sinks, grease trap, drains, cabinets, dishwashers, freezer, walk-in cooler, bar refrigeration, furniture, and snack bar cooler. The first expense of any contracturnl maintenance costs will be paid by the Concessionaire as follows: 2008:$1750 2009: $1750 2010: $1750 2011: $3500 2012: $3500 3 Thereafter, the City shall be responsible for all additional costs, unless such cost is clue to negligence or other acts by Concessionaire or employees of Concessionaire. g) Concessionaire and or the City may temporarily close the restaurant facility for cleaning, construction and maintenance under a mutually agreed upon schedule. SECTION 10. CLEANLINESS GUIDELINES. The Concessionaire will maintain, at all times, the ldtchen, food preparation, dining and banquet areas, all equipment, fixil.ires, paraphernalia, materials, utensils and other items there in, in a clean and sanitary maimer, polished and waxed to the highest degree possible. Concessionaire shall keep the concession facilities clear of broken glass, debris, and garbage. Concessionaire shall dispose of any waste water or other waste fluid in the sanitary sewer. In the event waste fluids may not legally be disposed of in the sanitary sewer, then Concessionaire is responsible for disposing of same in an appropriate and lawful mam1er. Concessionaire shall comply with all applicable health and sanitation laws and regulations in effect where the food/beverage areas are located. The Concessionaire shall pennit and facilitate inspection of the food/beverage areas by the City and its representatives and by public health/sanitation/building/fire authorities so authorized at all times. The following shall establish the minimum sanitation guidelines for the Concessionaire: a) The Sanitation Code of the U.S. Food Service Industry as published by the National Restaurant Association, b) All State of Colorado Acts and Regulations governing food service operations. c) All applicable County Public Health/Sanitation Regulations. d) All applicable Federal Government Acts and Regulations. e) Any specific guidelines established by the Manager. SECTION 11. SANITATION REGULATION AND JOB INSPECTION. a) Infom1al inspections of the food service facilities are to be conducted weekly by the Concessionaire. An inspection checklist is to be prepared and completed by lhe Concessionaire for each inspection, and said checklists are to be made available to the City upon its request. A complete report of c01Tective measures taken or to be taken for any deficiencies noted should accompany the inspection report. b) Infom1al inspections of the food service facilities are to be conducted daily by the Concessionaire with innnediate co1Tective measures taken for any deficiencies noted. c) Formal inspections of the food service facilities are to be conducted a minimum of two (2) times per year, by the City's designated representative, accompanied by the Concessionaire. 4 Section 12. RENT. a) Concessionaire shall pay rent to the City in accordance with the following schedule: i. Commencing on January 1, 2008 Concessionaire shall pay $1,000 per month or $12,000 per year with the assumption the golf course opens on May 24, 2008. And shall be prorated upon the ope1iing date of the Golf Course [ estimated date of June 1, 2008] If the golf course opening is delayed until July 1, 2008, the concessionaire would get a $3,000 reduction in rent instead of $1,714. ii. Commencing on Januaiy 1, 2009, Concessionaire shall pay $2166.67 per month or $26,000 per year. iii. Commencing on January 2010 and for each remaining year on the contract, the Concessionaire shall pay $3,000 per month or $36,000 per year. 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 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 past due. If the rent payment is not received by midnight on tl1e 14th day past due, the Concessionaire shall be in violation of the terms of this Agreement, and subject to tennination. Section 13. UTILITIES. City shall provide all utility costs for operation Section 14. JANITORIAL SERVICE AND TRASH REMOVAL. City shall be responsible for the reasonable cost of trash removal andjaiiitorial service for the Leased Preniises. Notliing in this Paragraph shall diniinish the Concessionaire's requirements set forth in Paragraphs 10 and 11. · Section 15. PARIUNG FACILITIES. a) The existing parking facility adjacent to the Restaurant concession (hereinafter called "parldng facility") shall be open for use by Concessionaire and its customers; such right of use of the said parking facilities shall be non-exclusive right. b) City shall at its own expense maintain the parking facility, which shall include snow removal when necessary. Section 16. PHYSICAL FACILITY AND EQUIPMENT. City agrees to provide space, fixtures, equipment and funiiture for an equipped kitchen, bar, lounge area, grill, snack bar and two diiiing/meeting rooms. Concessionaire agrees not to 5 move existing partitions separating dining area and meeting room without the written pemussion of the City Manager or lus designee. Section 17. ADDITIONAL FACILITIES AND EQUIPMENT. Concessionaire shall have the right to install additional facilities and equipment with the consent of the City Manager or his designee. Said facilities and equipment shall become the property of the City upon the temunation of the lease. Section 18. SECURITY. Concessionaire is responsible for the obtai1ung of theft insurance covering all food, liquor, and other supplies and personal property of Concessionaire. Such policies shall contain no right of subrogation against the City. Concessionaire shall provide a copy of the policy to the City Manager or his designee. Section 19. PERSONNEL. a) Concessionaire shall at its own expense employ such qualified perso1melas may be necessary for the concession operation and shall require all personnel to be clean, polite, and courteous in their transactions with the public. b) Concessionaire shall give personal supervision and direction to the operation of the concession and, when absent, keep competent perso1mel in charge. c) City shall not be responsible for the wages or salaries of any employee or representative of Concessionaire, nor for any debts, liabilities or other obligations of Concessionaire. d) Neither the Concessionaire nor the employees who perform services pursuant to the Agreement shall be considered employees, servants or agents of the City of Englewood as a result of the perfonnance of services under the Agreement. e) Violence and acts prolubited by law conmutted by Concessionaire or employees of Concessionaire shall cause inunediate temrination of the Lease. f) All concession personnel are responsible for the safe use and proper maintenance of all ldtchen equipment. Concessionaire is responsible for training pers01mel on all ldtchen equipment operations and maintenance. Section 20. LICENSES AND PERMITS. Concessionaire, at its own expense, shall secure any and all licenses and pemuts for food. services and purveyance of alcoholic and non-alcoholic beverages. Concessionaire agrees to promptly initiate an application and obtain a Hotel and Restaurant Liquor License pursuant to C.R.S. 12-47-101 et seq. Concessionaire shall have the responsibility of the enforcement of all liquor laws and regulations on the premises. Concessionaire shall reimburse the City for all license fees it has paid to Sheridan and the State of Colorado. 6 Section 21. COMPLIANCE WITH STATE AND CITY HEALTH CODES. Concessionaire shall keep all concession areas in a clean and sanitaiy 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) b) c) cl) Concessionaire agrees to furnish to City a performance bond or a cash deposit in the amount of Ten Thousand Dollars ($10,000.00) guaranteeingfaithful perfonnance by Concessionaire of all terms, covenants, and conditions herein contained and compliance with applicable City ordinances. Said bond shall be furnished as of the date of execution of th.is Lease. Concessionaire shall at Concessionaire's own expense keep in full force and effect during the tenn of this Lease statutory Worker's Compensation coverage. A copy of the certificates of insurance shall be sent to the City in care of the purchasing division. INDEMNIFICATION. Concessionaire agrees to indemnify and hold hannless the City of Englewood, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss or damage, of any kind whatsoever, which arise out of or are in any mam1er co1mected with Concessionaire, if such injury, loss, or damage is caused in whole or in paii by the act, omission, or other fault of Concessionaire, or any officer or employee of Concessionaire. Concessionaire agrees to investigate, handle, respond to, and to provide defense for any such liability, claims, or demands at the sole expense of Concessionaire, and agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. INSURANCE. i. Concessionaire is to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all obligations assumed by Concessionaire pursuant to this Lease. ii. Co1icessionaire shall procure and continuously maintain the minimum insurance coverage's listed below, with the forms and i11Surers acceptable to the City of Englewood. In the case of any claims-made policy, the necessmy retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (A) General liability and errors and omissions insurance with minimum limits of one million dollars ($1,000,000) per each person and one million dollars ($1,000,000) per each occurrence, plus an additional amount sufficient to pay related attorneys' fees and defense costs. (B) Liquor Legal Liability Insurance, with minimum limits of $1,000,000 for injury or death of any one person; $1,000,000 for injuries or death 7 occurring as a result of any one accident; $1,000,000 for property damage; and $1,000,000 for products liability, A certificate evidencing said insmance policies shall be kept on file with the Clerk of the City and the City Purchasing division and shall have a provision that the same shall not be altered, amended, or canceled without first giving written notification thereof to the City thirty days prior thereto. Concessionaire further agrees to indenmif-y the City for any claims brought against the City because of or 011 account of Concessionaire's operation. iii. Fire and Extended Coverage Insurance shall be provided by the City on the Club House building, and extended buildings included in Leased Premises, only. Concessionaire shall be solely responsible for securing and paying for insurance coverage on those improvements and contents belonging to Concessionaire located in or on the Leased Premises. Concessionairn hereby expressly waives any cause of action or right ofrecovery which Concessionaire may hereafter have against City for any loss or damage to Leased Premises or to any contents or improvements thereto belonging to either party, caused by fire or explosion. iv. The policies required above shall be endorsed to include the City of Englewood and the City of Englewood's officers and employees as additional insured. Every policy required above shall be primary insurance, and any insurance canied by the City of Englewood, its officers, or its employees, or carried by or provided through any self-insurance pool of the City of Englewood, shall be excess and not contributory insurance to that provided by Concessionaire. v, The certificate of insmance provided to the City of Englewood shall be completed by the Concessionaire's insurance agent as evidence that policies providing the required coverage's, conditions, and minimum li111.its are in full force and effect, and shall be reviewed and approved by the City of Englewood prior to commencement of the Agreement. No other fonn of ce1iificate shall be used. The ce1iificate shall identify this Agreement and shall provide that the coverage's afforded under the policies shall not be canceled, temnnated or materially changed until at least 30 days prior written notice has been given to the City of Englewood. The completed certificate of i11Surance shall be sent to: City Clerk City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 A certified copy of any policy shall be provided to the City of Englewood at its request. A copy of the certificates of insurance shall be sent to the City in care of the Purchasing Division, 2800 South Platte River Drive, Englewood, Colorado 80110. vi. The parties hereto understand and agree that the parties are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary linntations (presently $1,000,000 per person and $1,000,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Govenm1ental Inunmnty Act, C.R.S. 24-10-101 et seq,, as from time to time 8 amended, or otherwise available to the parties, their officers, or their employees. A ce1iificate 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 not be altered, amended, or canceled without first giving written notification thereof to the City thirty days prior thereto. Concessionaire further agrees to indenm.ify the City for any . claims brought against the City because or on account of Concessionaire1s operation. A copy of the certificates of insurance shall be sent to the City in care of the purchasing division. Section 23. FIBB OR NATURAL DISASTERS. In the event fire or natural disaster renders the Club House and its concession facilities inoperable, the Concessionaire shall be released from the tenns of compensation to be paid the City until such time as the Club House and its concession facilities are declared open and operable by the City. If in the event such concession facilities are not open and operable within a period of thirty (30) days from the time of such disaster, Concessionaire has the right to temrinate its contract and Lease with the City under Section 24, Termination of Lease, contained herein. Section 24. TENANT RECORDS. Concessionaire shall keep and maintain complete and accurate records and accounts of its business on a calendar year basis. A monthly report shall be generated providing a breakdown of "gross sales" into the following categories: Food Operations, Banquet Operations, Beverage Operations AND Cart Operations. Such records shall be maintained in accordance with generally accepted accounting principles. The records shall clearly show Concessionaire1s gross sales, including proceeds from all catering activities. Gross sales shall be divided in restaurant operations, catering operations and bar operations. Such records and accounts, including all sales tax reports that Concessionaire furnishes to any government or govenunental agency shall be made available for inspection at any reasonable time upon request of the City, the City's auditor, or other authorized representative. The City reserves the right to require Concessionaire to engage an independent auditor to perform an audit of the Concessionaire's reeords at Concessionaire's expense. · Seetion 25. TERMINATION OF LEASE. a) This Lease may, at any time, be terminated by either party upon ninety (90) days' written notice to the other without cause. b) The parties may terminate the Lease by giving thirty (30) days' written notice of a violation of paragraphs 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17. c) Violation of paragraphs 18, 19, 20, and 21 shall be grounds for inunediate termination of the Lease. 9 Section 26. DELIVERY AND RBMOV AL UPON TERMJNATION, Concessionaire will deliver the premises at the termination of this Lease in as good condition and state ofrepair as when received, except for ordinary wear and tear or loss or damage caused by an act of God. Upon termination, Concessionaire shall have the right to remove any supplies or personal property belonging to or installed by the operator, subject, however, to any valid lien or claim which City may have for unpaid fees. Provided also that if said removal causes any damage to the premises, said Concessionaire will repair the same in a proper arid satisfactory maimer at its own expense. All liquor licenses shall be transferred to the City of Englewood or new concessionaire, At no time shall Concessionaire temrinate, alter or surrender the liquor license without approval of the City of Englewood. The Concessionaire shall be subject to injunction to prevent surrender or injury to the liquor license. Upon termination, the attached Power of Attorney shall be operative and shall allow the City to operate the establislm1ent pursuant to law, In the event the liquor license is transferred to the City of Englewood or new concessionaire, the City shall pay the Concessionaire $2,500.00 less any offsets allowed by the prior provisions of this Agreement. Section 27. Tlris Agreement may not be assigned and a sublease shall not be allowed without the written consent of both parties. Section 28. NOTICES. All notices, demands and conmmnications hereunder shall be personally served or given by certified or registered mail, and: a) If intended for City shall be addressed to City at: City of Englewood Attention: City Manager 1000 Englewood parkway Englewood, Colorado 80110 with a copy to: City of Englewood Attention: City Attorney 1000 Englewood Park.way Englewood, Colorado 80110 10 b) If intended for Concessionaire shall be addressed to Concessionaire at: c) Dadiotis Golf Enterprises, LLC. 201 Denargo Market Denver, Colorado 80126 with a copy to: Jim Dadiotis 201 Denargo Market Denver, Colorado 80126 Any notice given by mail shall be deemed delivered when deposited in a United States general or branch po~t office, addressed as above, with postage prepaid, or when served personally at the applicable address. Section 29. ENTIRE AGREEMENT. This Lease, together with the exhibits attached hereto: a) Contains the entire agreement between the pmiies; and b) Shall be governed by the laws of the State of Colorado. Section 30. SEVERABILITY. If any clause of provision of this Lease is illegal, invalid or unenforceable under present or future laws effective during the term of this Lease, then and in that event, it is the intention of the parties hereto that the remainder of this Lease shall not be affected thereby. It is also the intention of the paiiies to this Lease that :in lieu of each clause or provision of this Lease that is illegal, invalid or unenforceable, there be added as a pmi of this Lease a clause or provision as similar i11 terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. Section 31. CAPTIONS. The caption of each Section is added as a matter of convenience only and shall not be considered in the construction of any provision or provisions of this Lease. Section 32. BINDING EFFECT. All terms, conditions and covenants to be observed and performed by the pmiies hereto shall be applicable to and bindi11g upon their respective heirs, administrators, executors, successors and assigns. 11 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 DADIOTIS GOLF ENTERPRISES, LLC "City" By ___________ _ James K. 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BS0101 -Blender Comp S/S 1 BS0007 Black Cond Dispo 6 pt 1 BS0056 Margarita Salter 1 8S0044 Funnell 1/2 Pint 1 8S0094 Glasswasher Triple Brush 40461 1 8S0045 Funnell 1 pint 1 BV1530 Coffee Serv lnsul #144 6 BS0082 Bar Keep Quart Complete 4 CU0811/#PS286-8 Pierced Turner 8x3 2 BS0126 Upright Glass Washer 1 CU0828 WSK-60 Steak knife/w Wood Handle 12 Cr1309 Martini 7 1/4 Oz 12 D11265 Basket Oval #47206 24 CU0800 S/S Turner 2 011577 #9000 Butane Stove 1 Di1252 Oak High Chair 2 Di11348 S & P Tower 1 Oz 50 Di1257 Call Bell 1 Di1274 Buff Ware Serving Tong 2 Di1261 Ladle plain 10.5" all colors 2 Di1286 #406(206) Syrup Disp 6 oz Glass/Chrome 12 Di1454 Pitcher 60 Oz Clear 12 Di1618 PSB 15 Pebbled Bowl 15" 1 Di1465 Cam Tray i 6" Round 2 Di1622 PSB-10 Pebbled Bowl 1 O" 1 Di1509 8.5"x11" Double Menu cover 36 Di1711 #1120CBP Silverware Bin 1 Di1684 Cam Tray 14" Round 2 Di1865 #PSB-10 Pebbled Bowl 8" 1 Di1687 Cam Tray 27" oval 4 Di1909 Self Serve 3 Tier 11" Bin 2 Di1701 Chrome Tray Stand 2 Di1935 Buffet Ware Serving Tong 2 Di1942 Value Chafer 4 Di275 Buffet Ware Slotted Spoon 2 DS2437 Storesafe Food Labels 1 DS2054 Towel HD Natureal 12 RL 1 GL 1025 Irish Coffee 8 12 Oz 12 DS2407 Towel Roll Dispenser 2 GLi217 16 Oz Cooler 36 GL0950/#03792 Brandy 2 oz 12 JA0506 Lobby Dust Pan Plastic 1 GL 1015/#05258 Sugar Packet Holder 30 JA0522 Huskee 32 Gal Gray 2 GL 1087/#15447 Ramekin 5 Oz 12 JA0573 WFT Floor Cone #125 1 GL 1109/#05265 Ashtray 24 JA0574 #40340 Mop Handle Quick Change 1 GL 1244/7727U Rocks? Oz 36 JA0578 · Duo Sweep Lobby Broom 1 GL 1248/#7 t29U Beverage 9 Oz 36 JA0598 60" Tapered Handle 1 GL 1250/#77174 Mixing Glass 14 Oz 36 JA0617 #87501 Hi-Lo Scrub Brush 1 ;L 1480 #5281/932U 1.5 7/8 In (4) 36 JA0626 Floor Squeegie 18" 1 GL 1510/#80221 Wine Glass 10.5 Oz 24 JA0654 High Boy Wastebasket 4 GL 1518/#80220 Marbeya Wine Glass 8 Oz 24 JA06597 Luma Thread Handle 1 i11620 PSB-18 Pebbled Bowl 18" 1 JA0669 Mopping Combo Pack 35 QT 1 Ice Machine 1 JA0723 ACS Grill Screen 1 Ice Scoop 1 JA0726NIP Light Mat 3x5 Black 6 M12439 Ladle 02 Oz s/s 1 M1278 Dish Table 1 M12442 Ladle 06 Oz s/s 2 M12r8 Low Temp Sanitizer 1 M12444 Ladle 12 OZ s/s 2 M1278 Soiled Dish Table 1 M12805 Basting Spoon 15" Slotted 2 M1313 Work Table 1 M190 Cheesemelter M2726 Counter/Salad 1 M2726 Hot Food Table 1 M2726 Undercounter Freezer 1 li157/TA #P7004-22 Full Pan 4" 3 Mi1204 Time Clock w/cards 1 i2107/TA #P7132-Z: Third Pan 2" 3 Mi2071 8 Qt Sauce Pan 1 Mi2125 TA 12" Silver Select Fry Pan 1 Mi2097/TA Bar Shaker Cocktail 2 Mi2132 5303 Bun Pan Half Size 12x18 3 Mi2098/TA 10 Qt Sauce Pan 2 Mi2139 9003 Bun & Roll Pan 18x26 24 Mi2171 Third Cover Slotted 3 2007 R t es auran nven orv is -I I 2156ff A #P-7002-2 Full Pan 2" 4 Mi2217 Combo Can Punch 1 2160ffA #P7124-2: Half Pan 4" 4 Mi2240/ SFSP Cover 12 Qt Sq 2 '2161ffA #P7126-Z Half Pan 6" 4 Mi2261/ #22SFSP Food Container Sq 22 Qt Poly 2 Q163!TA #P t136-2L Third Pan 6" 3 Mi2265/ #6SFSP Food Container Sq 6 Qt PLY 2 i2166!TA #P7166-Z Sixth Pan 6" 4 Mi2265/#8SFSP Food Container Sq 8 Qt PLY 2 Mi2211 #1 Can Opener No Base 1 Mi2303 Silvatainer.Gray 1 1i2299 #2115-5CBP Bus Tub 9" 1 Mi2332/#40082 Fry Pan 8" CeramiGuard 2 Ai2304 #2115-7CBP Bus Tub Black 7" I 3 Mi2386/ #12SFSP Food Container Sq 12 Qt Poly 2 Mi2335!TA 8" Silver Select Fry Pan 3 Mi2422 Four Sided Grater 1 Mi234t!TA 1 0" Silver Select Fry Pan 1 Mi2479 Measure 1 Pint 1 Mi2347/TA 12" Silver Select Fry Pan 1 Mi2480 Measure 2 Qt 1 Mi2418 Fryer Boil Out 36/2 Oz 1 Mi2481 Measure 4 Qt 1 Mi2487 Mixing Bowl 1.5 Qt 1 Mi2482 Measure 1 Qt 1 Mi2489 Mixing Bowl 4 Qt 1 Mi2483 Measure 1 cup 1 Mi2491 Mixing Bowl 8 Qt 1 Mi2484 Measuring Spoon Set 1 Mi2494 Mixing Bowl 16 Qt 1 Mi2526 Boar Bristle 2" Pastry Brush 1 li264ff A #P7164-22 Sixth Pan 4" 4 Mi2540 Broiler King Course Wood Handle 1 Mi2694 Hinged Tong 1 O" 2 Mi2542 Potato Peeler 2 Mi2695 Hinged Tong 12 in 3 Mi2546 Measuring Cup Set s/s 1 Mi2702 Tong Salad 6" #4606 1 Mi25t8 Potato Masher 5 1/4" 1 Mi2705 6TGS Scalloped Tongs 6" 4 Mi2624 Silverware Cylinder Plastic 6 Mi2996 HD-2 32 oz SS Scale w/Dashpot 1 Mi2654 Steak Weight Cast Iron 2 Ml3062 #394539 Must Wash Hands Sign 2 Mi2674 /Strainer, Double Mesh 1 0" #99 2 7!TA PCRF #P1250 Full Size 21/2" 3 Mi2t33 Piano Whip 1 0" 1 ST1731 Half Size Pan 21/2" 4 Mi2738 French Whip 16" 1 T A3052/PR39-M Maurissa Plate 10.25" 108 Mi2739 Piano Whip 12" 1 T A3059/PR06-M Maurissa Saucer 108 Mi2746 Spoonula 16" 1 T A30598/PR-07-M Maurissa Bouillon 36 Mi2785 Kleen Pail 6 Qt 3 TW1956 Napolean Teaspoon 108 Mi2790 Chill Stick Rap 2 TW1958 Napolean Bouillon Spoon 48 Mi2815 1 0" High Heat Spatula 2 TW1959 Napolean Salad Fork 108 Mi2879/ 1/2Roast Pan 18x24x4.5 1 TW1960 Napolean Dinner Knife 108 Mi2924 Plate WR 71/8" 108 TW1962 Napolean Iced Teaspoon 36 Mi3033 Meat Tenderizer Alum 1 TW2104 Napolean Dinner Fork 108 MUN123 Dough Cutter 1 UN2101 #6301 Bun Rack Pan 2 ST1782 Vegetable Insert 7.5 Qt 2 UN2750/X Press Conveyor Toaster 120V 1 ST1960 Vegetable Insert Cover r Qt 2 UN2756 Bulb Warmer 2 TS1859 Wall mount Pre-Rinse Unit 1 UN2759 Cooker Warmer 1 TS1866 Glass Filler 1 UN2817 Potato Cutter 1 UN2803 APW Full Size Warmern W-3V 1 JN3091/RCS10MP Microwave 1 UN2804 Mandolin Slicer 3 blades 1 . ( UN3049 Grah48 Food Warmer 120V 1 . ' I J. / . 2007 Restaurant Inv ry List -Exhibit B Item Quantity Item I Quantity Silverware Tub 1 Stainless Serving Spoons I 6 Oval Dinner Plates !O Plastic Serving Spoons 2 Bread Plates (in Box) 58 Stainless Dressing Ladels 8 Rectangular Plates 22 Large Plastic Lade! 2 monkey dishes 5 · Small Spatula 2 dessert plates 111 Cake Server 1 Small Round Bowls 10 Black Plastic Tongs 5 saucers 45 Tan Plastic Tongs 2 coffe urn 1 Tiny Stainless Tong 1 Coffee Warmers 2 Black Plastic Tongs-Small 2 Small Plastic Inserts-Steam Table 12 Black Pastic Tongs-Lrg I 2 I Large Baking Sheets 10 Stainless Tongs-Lrg 2 ice cream scoop 1 Stainless Spatula 3 Silver Round Trays 6 Stainless Tongs-Med 3 Extra Large Cooking Pot 1 Stainless Lade!-Sm 2 Lg Cooking Pot 2 Stainless Lade!-Med 3 Med Cooking Pot 3 Bread Knife 1 Pot Lids 6 Chopping Knife 1 Simmering Pot w/handle 1 Wooden Handle Steak Knives I 33 Large Skillets 2 Stainless Steak Knives I 56 Med Skillets 2 Forks I 39 I Small Skillets 3 Knives 41 Vegetable Pans 3 Salad Forks 42 Large Straining Bowl 1 Spoons 40 Large Plastic Salad Bowl 1 Med Plastic Salad Bowl 3 Black Bus Tubs w/stand 3 Med Stainless Bowls 3 Steam Table 1 Lg Black Plastic Catering Tray 1 Toaster 1 Lg Stainless Pitcher 1 Sharp Microwave 1 Large Glass Measuring Cup 1 Cold Prep Table 1 Plastic Beer Pitchers-Bud 11 Line Heat Lamp 1 Water Pitchers 3 Silverware Holders Round 3 Utensil Rack w/ 5 Shelves 1 Fire Extinquishers ! 2 Meat Slicer 1 Paper l owe! Dispenser I 1 Stainless Prep Table w/sink 1 high chair 1 stacking organizing shelves 4 Cutting Boards 2 large glass holder rack 1 Food Scale 1 glass holder racks 2 2007 Restaurant Inventory List -Exhibit B Aqua Funnell 1 podium I 1 Chafing Pan Racks 4 movie screen 1 Chafing Pan Inserts 8 Metal Shelf in Office I 1 Chafing Pan Lids 3 Desk 1 Self Contained Chafing 3 chair racks 1 Stainless Rack Above Sink 3 banquet tables 2 Stainless Storage Racks 6 sound equipment I 7 3 Shelf Table 1 Rack on wall in office 1 all cooking stoves, ovens, microwave, 2 Shelf Wall Rack 1 refrigerators, freezers, coolers, etc 1 Exception: True Coolers, Pepsi Cooler, 1 Shelf Wall Rack 1 Nestle Cooler Beer Coolers w/Lids-portable 3 Racks in Walk in 2 Racks in Freezer 3 Beer Mugs 12 I Beverage Glasses 25 Juices Glasses 29 Coffee Cups (some in boxes) 14 Glass Coffee Mugs 16 Shot Glasses I Wine Glasses 18 Large Glasses 15 Highball Glasses 24 Can Opener behind Bar 1 Bar Shaker 1 Plastice Juice Holders w/lids 3 Silverware Holder 1 I Small Round serving Tray 1 Sugar Holders 15 I I Salt/Pepper Shakers 15/15 ! COUNCIL COMMUNICATION Date: Agenda Item: Subject: December 3, 2007 11 a i Restaurant Contract Golf Course Initiated By: Staff Source: Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation Bob Spada, Golf Operations Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION 2006 Approval of Revised Restaurant Contract -Caddie Shack, LLC. 2004 Approval of Restaurant Contract -Caddie Shack, LLC. 2000 Approval of Restaurant Contract -Reif Golf, Inc. 1996 Approval of Restaurant Contract -JOQ's Corporation 1988 Approval of Restaurant Contract -Anderson/Malloy, Inc., D.B.A.-Woody's Club 1986 Approval of Restaurant Contract -Mur-James Corporation 1982 Approval of Restaurant Contract -2101 Corporation RECOMMENDED ACTION Staff recommends City Council adopt a Bill for an Ordinance approving the Golf Course Restaurant Concessionaire Agreement between the City of Englewood and Dadiotis Golf Enterprises, LLC., formerly Caddie Shack, LLC. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has approved a property lease agreement with the Sheridan Redevelopment Agency and Miller Weingarten. As part of this agreement, the front nine holes of the existing golf course, driving range and the Par 3 Course are in the process of being rebuilt. The golf course will be limited to 9 holes until May 2008. The Englewood Golf Course has provided a restaurant concession at the existing clubhouse since 1982. Caddie Shack, LLC. took over the operation in October 2004. They have provided excellent guest services and a consistent, quality food product. Caddie Shack, LLC., now Dadiotis Golf Enterprises, LLC., committed to the City of Englewood to provide quality services and food during the time of construction knowing it would be very difficult financially. In 2006, City Council approved a revised contract with Caddie Shack, LLC. to assist their restaurant operations during the construction period. FINANCIAL IMPACT The Englewood Golf Course is an Enterprise Fund. Therefore, there will be no financial impact to the City of Englewood's General Fund. The City of Englewood has a formal agreement with Miller Weingarten that addresses the City's financial detriment during and after the construction period. LIST Of ATTACHMENTS Bill for an Ordinance