HomeMy WebLinkAbout2004 Ordinance No. 053•
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OR DI NANCE No6 3
SE RIES OF 2004 --
BY AUTHOR ITY
"1\ACT. NO, 7 ',,,,-).t;O'f
COUNC IL BILL NO . 51
INTRODU CED BY CO UNC IL
ME MBE R BRAD SHA W
AN ORDI NANCE APPR OV ING TH E GOLF COU RSE RESTAU RANT
CONCESS IONA IRE LEASE AGRE EMEN T BETW EEN TH E CITY OF
ENGLEWOOD AND CA DDI E SHA CK.
WH EREAS, Ca ddie Shac k has bee n se lected as th e co ncessionaire to opcral c th e
Eng lewoo d Go lf Cou rse Clu bhouse res tauran t; and
WH EREAS , th e putp ose of thi s Lease to provi de snack bar , grill and ba r serv ices
lo th e go lfi ng publi c and a qu ality , full-se rvi ce restaura nt fac ilit y offerin g breakfas t,
lu nc h and dinn er for group mee tin gs, se rvice club s and in fo rma l eve ning dining;
NO W, TH EREFORE, BE IT ORD AINE D BY TH E CITY COUNC IL OF THE CITY
OF EN GL EWOO D, COLORAD O, AS FOL LOW S:
Sectio n I. Th e Lease Agree ment betwee n th e Cit y of Englewood and Ca ddi e
Sh ac k fo r res tauran t/co nc ess ion se rv ices at th e Englewoo d Go lf Co urse is hereby
approved. A co py of said Lease Ag ree ment is att ac hed hereto as "Ex hibit I" and
in co rp orated herein by reference .
~-Th e Mayo r and th e Cit y Clerk arc hereby auth or ized to sign and att es t
th e Lease Agreement de sc rib ed above for and on beh alf of th e Cit y of Englewood ,
Co lorad o.
Int rodu ced, rea d ih full , and passe d on fi rs t readi ng on th e 7th day of Se pt emb er, 2004 .
Publi shed as a Bi ll fo r an Ordina nce on th e 10th day of Se ptem be r, 2004 .
Read by titl e and passed on fin al readin g on th e 20 th day of Se ptemb er, 2004.
Publi shed by titl e as Ordin ance No.~. Se ri es of 2004, on th e 24 th d of
Sep temb er, 2004 . ,-
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I, Lou cri shia A. Elli s, City Clerk of th e Ci ty of Englewood, Co lorado, hereby
ce nify that th e above and foregoing is a tru e tOet-Jf the Ordin 1cc passed on final
read ing and publi shed by titl e as Ordinance No . '.2j, Series o 04.
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AGREEMENT
nns AGREEMEi,ff, hereinafter called "Lease", made and entered into this of
_______ _, 2004 , by and be tween the CCTY OF ENGLEWOOD , a Colorado
municipal corporation, hereinafter referred to as "C ity', am, CADDIE SHACK LLC ., hereinafter
referred to as "Concessionaire"';
WITNESSETH :
WHEREAS, the City owns certain real property which is known as the Englewood 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 the Englewood Municipal Golf Course ;
NOW, THEREFORE , for and in consideration of the mutual covenants hereinafter appearing
and of the payment of the monies hereinafter set forth , the parrie s ereto agree as follows :
Section I. STATEMENT OF !NTENT .
The purpose of this Lease to provide snaci.: bar, grill and bar services to the golfing public
and a quality, full -service restaurant facility offering breakfast, lunch an d dinner for group
meetings , service cl ubs and infonnnl evening dining .
Section 2. GRANT.
The City hereby leases to Concessionaire the portion of its golf cl ubho use presently used
as its re staurant concession, toge ther with the improvements thereon. located at 2101 West
Oxford Avenue . Sheridan , Colorado 80 110, for the purpo ses of sen-i ng food and
be verage s. inc luding alcoholic beverage s
Sec tio n 3. DEF INITION OF PREMISES .
The "Leased Premis es" os referred to he rein is de fi ned to be the golf clubhou se restaurant
and lo un ge whi ch is owned by th e City of Englewood, Co lorado. See Exhibit ".A.".
Proposed fo od ond be verage operations shall also be allowed on the golf course. :--lothing
here in gi ves Conces sionaire an y right to interfere with or pani ... ipate in the operation of the
Gol f Course as a golf course, i.e. fa irways and green s, Pro Shop , and all other golf course
operations .
Sectio n 4. TE&"1 OF AGREEMENT .
This Lt!a se shail not be effective until Concessi C'rinire has obuuned a liquor licen se to
di spense alcoholic be verag es pursuant to C.R .S . 12-4 7-101 et. seq . From the date of
signarure until the liquor license is authorized by the proper offir.ials , this Lea se shall be
consdcred an Option to Lease that may not be terminated by either party , exc ept that if the
Liqu or License is not granted and in opera tion on or before September 22, 2004 . The City
hereby grants to Concessionaire the right to hold the Leased Premises pursuant to the terms
of th is Lease for a one ( 1) year lease with two (2) one ( 1) year renewals at the option of
the Concess ionaire and with two (2) addit iona l optiona l one (I) year periods by agreement
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of both parties. The City reserves the right to accept, modify, or reject said wrinen
proposal. If the Concessionaire intends to renew the contract they must inform the
Director of Parks and Recreation ninety (90/ days prior to tennination of the le,se. The
City shall inform Concessionaire of its dec ision through the Director of Parks and
Recreation .
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Section 5. USE OF THE PRE:VUSES .
Concessionaire shall ha ve the right to pos sessi on of the Lea se d Premises for the purpose of
servi ng food and/or beverages. including alcoholic beverages, for consumption on the golf
course. Howe ver, nothing in this Lease shall be construed to authorize that which is
prohibited under United States. State or local law , ordinance , code or regula tion . The
Leased Premises shall be used by the Concessionaire fo r the purveying of alcoholic
beverages, as the same may be acthorized by and regula ted under the Colorado Liquor
Code, C.R.S. 12 -l7-101. et seq., and for the operation of a restaurant. Conce ssionaire shall
operate the Leased Premises in a careful. safe, quiet, orderly, and busine ss like manner.
Concessionaire sha ll not use or pennit the premi ses to be used for any purpose that is
prohibited under the laws of the United States, starutes of the State of Colorado , or
ordinances. regu lat ions or codes of the City of Englewood or the City of Sheridan.
Concessionaire shall provide food and/or beverages inc luding alcohol ic beverages on the
golf course thro ugh the use of sheds, a can or a co mb inatio n thereof. Operation time and
use of the sheds and can(s) sha ll be provided by the Concessionaire and shall be approved
by the City Manager or <lesignee in the same manner as Section 8. Use of can(s) sha ll
follow the same rules and regulations as golf co urse renta l cans. Shed des ign shall be
approved by the City :vtanager or his designee . Use of a can shall not interfere with the
operation of the golf course. Service to the golfer 1e course shall be reviewed by the
City :vtanager or his designee every six (6) month s .
Entenamment of any narure tha t Concessionaire proposes on the premises shall be subject
to prior ap1,roval by the Englewood City :vtanager or his designee, which approval shall not
be unreasonably ,vi thhe ld . If the City detennines any en te nainmen t 10 be objec ti ·· ,ab le ,
City shall not ify Concessionaire in writ in g the re of and Concessionaire shall tem,:.1ate said
entenainment 1mmediately.
Section 6. EX CI L'SIVE RJGHT TO US E PRE:vt!SES .
City hereby grams to Co nce ss ionaire the t!x.clusive right to us e th e Lt::ised Pr err.ises to
operate :i. re sraur.mt and lo purvey :ilcoholic bever.ige s. Use of ven ding machines by the
Co nce ssio naire must be approved by tht: City Ytanager or de signer:.
The Conces sionaire shall provide ::m attract ive .nenu fo r bre:ikfas t. lunch. :ind evening
me:ils listing me:il item s. bl!ver:iges a\'a il able and curren t pricing . Menus. pricing :md
changes to menus or pncing of menu items shall be reviewed and :ipprove.'. by the City
'.1,!anager or his designee .
Secrion 8. HOll~S OF OPERATION.
a) From May 1st through September 30th of each year, the Concessionaire shall operate
th e restaurant facility seven (7) days per week and during these months shall be open
each day 10 serve meals to the public from one-half hour before dawn and shall
remain open unnl at least 10 :00 p.m.
b) During the months of October 1st through April 30th of each year, th e
Concessionaire shall operate the resuurant facility seven (7) days per week and
during these months shall be open each day 10 serve meals 10 the public at dawn and
shall remain open ,mril at least 8:00 p.m.
c) Hours of operation, including the ho urs of shed and cart operation, may be modified
with wrinen approval fro m the City Manager or his designec.
d) 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. Re suu,ant may close on Chrisnnas Day.
e) Co nces sionaire a~ees to cooperate with the GolfCou:se Manager in scheduling golf
meerings and events that involve use of the :;rill , meerii.g room and dining room. In
the event of any disagreement, the matter shall be referred to the City Manager or his
designee.
0 MAINTENANCE, REPAIR AND REPLA EMENT.
i. The Concessionaire shall be responsible for repairs and/or replacement of
small appliances, dishes, glasses, silverware, and other equipment and
miscellaPeous cooking pars. pans and utensils.
ii . The City shall be re sponsible ior the cost and selection of the contractor for
maintenan ce, repairs an d replacement of the stove. grill and 0vcn . hood and
fire suppression system, deep fat fryer. si nks. grease trap , cabinets,
di shwashers , freeze r. walk-in rooler. bar refrigeration, furniture, and snack bar
cooler . The Concess iona ire shall be res ponsi ble ior the first three thousand
five hundred dollars (53,500.00) of outside contractor expen se or pans
purchased by the City and therea fter the City sh all be respon sible fo r all
additi onal cost s. unle ss such cost is due to neg ligence or other act s by
Co nce ssionaire or employees of Concessionaire.
g) Concessi ,,naire and or the City may temporarily close the restaurant fa cility fo r
cleaning , con;;truction :ind maintenance under a mutuall y agreed upon sc hedule .
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~-CLEAN! !NESS GUIDELl:--IE S .
Th e Co nce ssionaire will maintain, at all times, the kitc hen, food preparation, dining
and banquet areas, all equipment, 6..'<tu.res, paraphernalia, materials. utensils and
other item s there in, in a clean and sanitary manner, polis hed and wa.~e d to the
highest degree po ssible. Co ncession aire shall keep the co ncession faciliti es clear of
broken glass, debris, and garbage . Co ncessionaire shall dispose of any waste water or
other waste fluid in the sanitary sewer . In the event waste fluids may not le gally be
dispo sed of in th e sanitary sewer. then Co ncessionaire is res ponsible for dis posing of
same in an appropriate and lawful manner. Concessionaire shall co mply with all
applicable health and sanitation laws and regulations in effect where the food/beverage
areas are located. The Concessionaire s hall permit and facilitate inspection o{ the
food/bev erage areas by the City and its representatives and by public
health/sanitation/building/fire authorities so authorized at all times.
The following s hall establish the minimum sanitation guidelines
Concessionaire:
a) The Sanitation Code of the U.S. Food Service Industry as p c :he
Na tional Re staurant Association.
b) All State of Color ..1.do Acts a nd Regulations go verning food service operations.
c) .W applicable Co unty Public Health/Sanitation Regulations .
d) .W a pplicable Federal Governm ent .\cts and Regul ations .
e) Any specific guidelines established by the :Vl a nager.
SECT!ON 10 . SA.'ITTAT!ON REG UL\T!O~ .\)ill JOB lNSPECTIO N.
a) Inform al inspections of th e food service facilities ar e to be co nducted weekly by
the Concessionaire. An inspection check.list is to be prepared and compl eted by
the Concessionaire fo r each inspection, nnd said checklist.s are to be made
available to the City upon its reque st . A com plete report of co rrective measures
taken or to be taken for any deficiencies noted should accompany the inspection
report ..
b) Info r mal inspections of the foo d se n '11.:e facilities are to be co nducted daily by the
Concessionaire with imm ediate co rrective measures taken for 1ny defici encies
noted .
c) Formal insp ections of the food service faciliti es are to be conducted a minimum of
two (2) ti me s per year , on o. quarterly basis, by the Cir.y's designated
represe ntative, accompanied by the Concessionaire .
Sllii!m..li. RE~T.
a) Concessio naire s hall pay rent to the City in acco rd ance with the foll owing
sc hedule :
i . Commencing on --------~ the Co ncessio naire shall pay
S3 ,C00 per month or S36.000 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 Mon day of each month if the fi rst day
falls on Sarurday or Sunday .
A penalty fee of SI 0.00 per day or part thereof sha ll be charged for eoc h day or
part thereof that the rent is pas t due, until 12 :00 midnight on the 14th day past
due. If the rent payment is no t rece ive d by midnight on the 14th day past due,
the Concessionaire shall be in violation of the terms of this Agreement, and
subject to termination .
Section 12. UTILITIES.
City shall provide all utility costs for operation
Section 13 . JANITORL.U. SERVICE AND TRASH REMOVAL.
City shall be responsible for the re,sonable cost of trash removal and j anitorial service fo r
the Leased Premises . Nothing in th is Paragrap h shall dimini sh the Con cess ionaire's
req uirements set fonh in Para grap hs 9 and I 0.
Section 14. PARKING FACILITIES.
a) The existing parking facility adjacent to the Re staurant concession (hereinafter
called "parking 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 sha ll at its own ex pen se maintain the parki ng facility, which shall include snow
removal when neces sary .
Section 15. SIGNS.
The City sha ll m3intain an entrance sign with the name of the Co nces sionaire. The
Concessionaire sh all be allowed equal space on the entry sign. Any other si gnage for the
re staurant shall be the so le re spons ibility of the Concessionaire. All signage must be
approved by the Ci ty Manager 01 his designee.
Section 16 . PHYS ICAL F.-\CII..ITY A.ND EQUlPME:-IT .
City af:,rrees to provide space . fixtures. equip me nt and furniture fo r an equipped ki tche n.
bar, lounge :irea. grill. snack bar and two din ing/mee ting rooms. Co nc essionai re agrees not
to move existi ng partitions separating dining area and meeting roo m without the wri tten
permission of the City Manager or his designee .
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Section 17. ADDITIONAL FACILITIES AND EQ UIPMENT.
Concessionaire shall have the right to install 1dd itional facilitie s and equip ment with the
consent of the City Manager or his de signee. Said facilities and equipment shall become
the property of the City upon the tennination of the lease.
Section 18. SECURITY .
Concessionaire is responsible for the obtaining of theft insuran ce covering all food , liquor,
and other supplies anu personal prope rty of Co ncessionaire. 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 qu alifi ed personnel as rr,ay be
nece ssary fo r th e conce ss ion operatio n and shall require all personnel to be clean,
polite , and couneous 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 personnel in charge.
c) City shall not be responsible for the wages or sa laries of any empl oye e or
representative of Concessionaire , nor fo r 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 , servant; or 1gents of the City of
Englewood as a re sult of the perfonna nc e of services under the Agreement .
e) Violence and acts prohibited by law committed by Concessiona ire or employees of
Concessionaire shall cause immediate cennination of the Lc:asc .
Secrian 20. LICENSES .-\ND PE!L\,IJTS.
Concessionaire , a1 its awn expense, shall secure any and all licenses and permits far food
services and purve yance of alcoholic and non•alcoholic beverages. Conces sionaire agrees
ta promptly initiate an applicarian and obta in a Hotel and Restaurant Liquor Licen se
pursuan1 ta C.R.S. 12-47-101 et seq. Concessionaire sh all have 1he re spa nsi hi\ity of the
enforcement of all li quor laws and regulati ons an 1he premises.
Concessionaire shall reimburse the City far all license fees it has pai d 10 Sheridan and th e
State of Colorado.
Section 21 . COMPLIANCE WITH ST A TE AND CITY HEAL TH CO DES.
Concessionaire shall keep all concess ion areas in a clean and sani tarJ condition at :ill times
and shall comply with all State, County and City health law s re\aring ta the dispens ing of
food and beverages.
Secrian 22. INSURANCE/INDEl\llNIF!CA T!OK
a) Co ncessionai re agrees to furnish ta City a perfannance bond or letter of credit in 1he
amount afFifty Thousand Dollars (S50.000.00) or a ca sh depasi1 in the amount of
ten 1housand dollars (S l 0,000) guar.mteeing faithful perfonnance by Conce ssionain :
of all tenns , covenants. and co nditio ns herein contained and complianc e with
applicable City ordinances. Said bond shall be furnished as of the date of execurion
of this Lease .
b) Concessionaire sha ll at Concessionaire's awn expense keep in full farce and effect
durin g the te nn of this Lease statut ory Worker's Compensarian coverage. A co py of
the certificates oi insurance shall be sent ta the City in ca re of the purchasing
division.
c) INDD·lNIF!CAT!ON. Concessionaire agrees to indemnify and hold hann\ess the
City of Englewood , its officers , emp loyees, insurers , :ind sel f.insur:mce pool. from
and against all liability, claims. and demands. an accoun t of injury, loss or damage,
of any ki nd whatsoever. which ari se out or or are in any. .mer connectl!d with
Co nce ssionai re. if such injury, loss. or damage is caused in whole or in part by the
act. omissio n. or other fau lt of Co ncessionaire , or any officer or employee of
C:mcessionaire. Concessionaire 1grees to investigate. hand le, respo nd to, and to
provide defense fo r any such i:Jbili ry , claims, or demands at the salt: expense of
Concessio naire. and agrees to bear :ill other costs and expenses related thereto,
includi ng court costs and anome y fe es , whether or not :iny such liability, claims. or
demands alleged are groundle ss, false. or fraudulent.
d) INSLllANC E.
Concessionaire is to procure Jn d maintain, at its own cos t, a policy or policies
of insurance sufficient to insure against all obligations assumed by
Concessionaire pursuant to this Le:i se.
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ii. Concessionaire shall procure and continuously maintain the minimum
insurance coverage's listed below , with the forms and insurers acceptable to
the City of Englewood . In the case of any claims -made po icy, the necessary
retroactive dates and exten ded reporting periods shall be procured to maintain
such continuous coverage.
(A) General liability and errors and omissions insurance with min imum
limits of one million dollars (5 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 Liabi lity Insurance, with min imum limits ofSl,000,000
for injury or death of any one person ; Sl,000,000 for injuries or death
occurring as a result of any one accident; S\,000 ,000 for properry
damage ; and S 1,000 ,000 for products liab ility. A certific ate
evidencing said insurance policies shall be kept on file ,vi th the Clerk
of the City and the City Purchasi ng 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 thirry days prior thereto .
Concessionaire funher agrees to indemnify the City for any claims
brought against the City because of or on 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 l cased Premises ,
only . Concessionaire shall be solely responsible for secu·,ing and paying for
in surance coverage on those improvements and content:. ·oelonging to
Conce ssionaire located in or on the Leased Premises . Concessionaire hereby
expressly waives any cause of action or right of recovery which
Concessionaire may hereafter h.we against City for ,ny loss or damage to
Leased Premises or to nny contents or improvements rh~reto belonging to
either parry, 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 emplo yees as additional
insured. Every polic y required above shall be primary insurance, and any
insurance carried by the City of Englewood, its officers, or its employees, or
carried by or provided through an y selt~i nsurance pool of the Ci ty of
Englewood, shall be excess and not conoibutory in surance to that pro vi ded by
Concessionaire .
v. The cert ificate of insurance provided to th e City of Englewood shall be
completed by the Conces si onaire 's insurance agent as evidence that policies
providing the require d coverage's. conditions , and minimum limits are in fu ll
force and effect, and shall be reviewed and approved by the ity of Englewood
prior to commencement of the Agreement. No other form of certifi cate shall
be used . The certificate shall identify this Agreement and shall provide that
the coverage's afforded under the policies shall not be cancele d, term inated or
materially changed until at least 30 days prior written notice has been given to
the City of Englewood. The com pleted certificate of insurance shall be sen t
to :
City Clerk
City of Englewood
!000 Englewood Plrkway
Engle wood, Colorado 80 I l 0
A certified copy of any policy shall be provided to th e City of Englewood at its
request. A co py of the certificates of insurance shall be sent to the City in care of the
Purchas ing Division , 2800 South Plane River Drive, En glewood, Colorado 80110 .
vi . The parties hereto understand and agree that the parties arc relying on , and do
not waive or intend to waive by any provision of this Agreement, the monetary
limitations (presently S 1,000,000 per person and S 1,000,000 per occurrence)
or any other rights, irrum.:nities, and protections provided by the Colorado
Governmental Immunity Act, C.R.S. 24-10-101 et seq ., as fro m time to time
amended, or otherwise available to the parties, their officers, or their
employees.
A certificate evidencing said insuran ce poli cy shall be kept on file with the City
Clerk of the City and shall have a prov,s•vn that ~" same shall not be al tered,
amended, or canceled without first givin g wri uea 11orifi 1ti on lhere.:fro the City
thirty days prior thereto . Concessionaire further agrees to indcmnif), :he City for any
claims brought against the City because or on accoun t of Concessionaire's operation.
A copy of the certificates of insurance shall be sen t to t.'i e City in care of the
purchasing division.
Scctjon 23. FIRE OR NATURAL DISASTERS .
In the event fir. or natural disaster renders the Club House and its concession facilities
inoperable , the Concessionaire shall be released from the terms of co mp,nsation to be paid
the City until such time as the Club House and its concession fac ilities ar< declared open
and operable by the City . [i iu the event such concession fo.cili tii!& !ll'C n • Jpen and
operable within a period of thirty (30) days fro m the time of such disa ster, Concessionaire
has th e right to terminate its contract and Lease with the City under Section 24 .
Termination of lease, conta ined herei n.
Section 24. TE ANT RECORDS .
Concessionaire shall keep and maintai n complete and accurate records and accounts of its
business on a calendar year basis. A monthly repon shall be gener.ned providing a
brcakdo"-,i ·•gross sal es " into the fo llowing categories:
estaurant Ope rations ,
Catering Operations,
Bar Operations AND
ANNUAL AUDIT .
Such records shall be maintained in accordance with generally accepted acc ount ing
principles and shall be audited annually by an independent accountant certified in the State
of Colorado. The records shall clearly show Concessionaire's gross sales, including
proceeds from all catering activities. Gross sales shall be divided in restaurant operations,
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catering operations and bar operations . Such records and accounts , including all sales tax
reports that Concessionaire furnishes to any government or governmental agency shall be
made available for inspection at any reasonable time upon request of the City, the City's
auditor, or other authorized representative , and a copy of such annual audit, including all
written comments and recommendations of such independent accountant, shall be
furnished to the City Clerk within 90 days of the close of the fiscal year being so audited.
Section 25. TERMINATION OF LEASE.
a) This Lease may, at any time, be tenninated by either party upon ninety (90) days •
wrinen notice to the other without cause.
b) The parties may termir,ate 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 immediate
termination of the Lease .
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Section 26. DELJVER Y AND REMOVAL UPON TERMINATION.
Concessi,maire will deliver the premises at the termioation of this Lease in as gDm!
condition an d state of repair as when received, except for ordinary wear and tear ~I" ~;,,s s or
damage caused by an act of God . Upon termioarion, Concessionaire shall have the right to
remove any supplies or persona! property belonging to or installed by the operator, subject,
however , to any va lid lien or claim which City may have for unpaici fees. Provided also
that if said removal c, :ses any damage to the premises, said Concess;onaire will repair the
same in a proper and satisfactory manner at its own expense.
Ai l liquor licenses shall be transferred to the City of Engkwcod or new concessionaire. At
no rime sha ll Concessionaire terminate, alter or surrendt:: the liquor license wiL~out
approval of the City of Englewood. The Concessionaire sho t' be subject to injunction to
prevent surrender or injury to the liquor license. Upon terrrunation, the attached Power of
Anomey shall be operative and shall allow the City to operate the establishment pursuant
to !aw . 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 les s any offsets allowed by
the prior pro,isions of this Agreement.
Section 27. This Agreement may not be assigned and a sublease shall not be allowed without the
wrinen consent of both parti es.
Section 28 . NOTICES .
Ai l uotices, demands and co mmunications hereunder sha ll be personally served or given by
certified or .-egistered mail, and:
a) If intended for City shall be addressed to City at:
City of Englewood
Anention: City Manager
IOOO Englewood parkway
Englewood. Colorado 801 10
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City of Englewood
Anentio n: City Anorney
1000 Englewood Parkway
Englewood, Colorado 80 I 10
b) If intended for Conr e,sionaire shall be addressed to Concessionaire at:
Caddie Shack
201 Denargo Market
Denver, Colorado 80126
with a co py to:
Jim Dadiotis
201 Denargo Market
Denver, Colorado 80126
c) Any notice given by mail shall be deemed delivered when deposited in a United
States general or branch post office, addressed as above. with postage prepaid, or
when serve d personally at the applicable address.
• Section 29. ENTIRE AGREEMENT.
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This Lease , together with the exhibits anached hereto :
a) Contains the entire agreement berween the partie s; and
b) Shall be gove rned by the laws of the State or Colorado .
Section 30 . SEVERABILITY.
If any clause of provi sio n of ,his Lease is illegal , invalid or unenforc eable under presen t or
furure laws effective during the term of this Lease. then and in that • vent, it is the intention
of the parties hereto that the re mainder of thi s Lease shall not be affected thereby. It is
also the inten tio n oi the parties to this Lease that in lieu of each clause or provi sion of this
Lease that is illegal. inva lid or unen force ab le. there be ad ed as a part oi this Lease a
clause or provision as si milru-in terms to such illegal. invalid or unenforceable clause or
provision as may be possible and be legal, va li d and enforceable.
Section 31. CAPTIONS.
The caption of ead; Section is added as a mane r of conveni ence only and shall not be
considered in the construction of any pro vision or provisions of this Lease .
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~-BINDING EFFECT .
All tenns, conditions and covenants to be observed and perfoITned by the panics hereto
shall be applicable to and binding upon the ir respective heir.;, administrator.;, executor.;, successors and a.nsigns .
IN WITNESS WHEREOF, the panics hereto have hereunto set their hands and seals as of the day and year fIISt above written.
CITY OF ENGLEWOOD, COLORADO
"City"
By--::,---,--,:,----,-:----
Douglas Garrett, Mayor
ATTEST :
Louciishia A. Ell is, City Clerk
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CADDIE SHACK
"Concessionaire"
.., ~07l''cr"""' { Jun Dadio tis
By
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I EXHIBIT ··x· \
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COUNCIL COMMUNICATION
Date: I Agen da llem: I Subject:
Se pt ember 7, 200-1 11 a i Restaur'-:i t Con trac t-Golf Course
1nii,ate d By: Staff Source :
D epartm ent of Parks and Recrea tion Jerrell Bla ck, Direc tor of Parks and Recreation
Hob Spa da , Golf Operatio ns Manager
COUNCIL GOAL AN D PREVIOUS COUNCIL ACT ION
~000 Approva l of Res tau rant Con trac t -Re if Golf, In c
1996 Approval of Re staurant Contrac t -JOQ's Corporati o n
1988 Approva l of Res taurant Contrac t -Anderso n/Mall oy, In c. D .B.A. Woody's Clu b
1986 Approva l of Restaurant Conlrac l • M ur-)ames Corp ora lion
1982 Approval of Res tau rant Con lracl • 2 10 I Corp oration
RECOMMENDED ACTION
Sl aff reco mmends to City Council to adopt a bill fo r an ordi na nce approving th e Golf
Course Res taurant Concessiona ire Agreemen t between the Ci ty of Englewood and Caddie
Sha ck, LL C.
BACKGROUND, ANA LYSIS AND ALTERNATIVES IDENTIFIED
Th e Golf Course h as p rovided a res tau ran t concess ion at th e exis tin g clubho use sin ce 1982.
The cu rre 11:: r oncl..'ssio naire, Reif Go lf, ha s ope rated th e res taura nt facility sin ce Octob er
2000. Th e c urren t con tract w ill end October 1, 2004.
Bid requ es ts we re di stribut ed to 11ve int eres ted parti es. Four proposals were received and
fo ur in terv iews we re co nducted.
CONTRACT: The c urrent co ntrac t was deve loped by receiv in g input fr om th e Park s and
Recrea ti on )laff, Ci ty t\lt orn ey's uffi ce, and th e Pur chasi ng D epartm ent. Th e co nt rac t \vas
develop ed to provide fairness and equ ity fo r bo th th e concess ionaire and th e City of
Englewood.
SELECTION PROCESS :
Interview Comm itt ee · An int ervi ew co mmitt ee was crea ted to provide a wide range of
aiverse input. The Interv iew Committee con sisted of th e Golf Opera:ions Manager,
Manager of Open Spa ces, G olf Coordinato r and rep rese ntati ves fro m th e following
depa rlmenls : Cily Manager's Office, Municipa l Cou rt, Safety Services and th e Human
Reso urc es Depa rtm ent.
Int erv iew Pr oce ss· ll1 e ev alu ;i tio n criteria incl ud ed finan cia l co nside rati ons, customer
service element s, expe ri ence, mark etin g plan, menu and pric in g, pr esentati on/bid pr oposa l,
and professi o nal attr ibu tes. The pro fess ional att rib ut es incl,1cl ecl int angibl e eleme nt s such as
posi1 ive attitud e, inn ova ti n and creativity, moti vdti on, co mmitm ent, etc.
FINANCIAL IMPACT
Th e rental pa1,me n1 will be $36,000 per yea r. The c urrent contrac t is 8% o f th e gross
re ve nu es or $30,000 per yea r whi cheve r is g, •ater.
LIST OF ATTACHMENTS
Bid Ta bu lati on
Requ es t for Bid
Caddi e Sha ck Bid Pro po sal
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