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Home My WebLink About2001 Ordinance No. 027• • • ORDl ANGE • o . ..a_-z. SERIES OF 2001 BY AUTHORITY co i C{L B[LL o. 26 INTRODUCED BY COUNCIL MEMBERWOLO AN ORD! "ANCE AUTHOR!Zl G THE ACC'EP'l'ANCE OF A SECOND AMEND NT TO THE AGREEMENT ANDS LEASE BETWEEN THE MUSEUM OF OtITDOOR ARTS 10A), THE E Gl.EWOOD ENVIRONMENTAL FOUNDATIO . lNC . (EEF) AND THE CITY OF E1 Gl.EWOOD, COLORADO {CITY). WHERl~AS , the City Council of the C1Ly of Englewood ha designated approximately l5,000 square feet of space on the s econd floor of tho Englewood Civic Center !or cultural use ; and WHE AS . in an effort to activate and ene!'ille C~cyCenter Englewood and to provide for a unique character to the development, the City has explored opportmuties for cooperntJ.on with cultural orgaruzations at CityC',enter; and WHEREAS . the Englewood City Councl authorized an Agreement and Sublease between ~IOA , EEF and the City by the p sage of Ordinance No . 68, Senes of 1999; and WHEREAS . the En lewood Cicy Council authorized MOA to enlarge the omou.nt of space available to , e Museum of Outdoor Arts for sublease by the pa sage of Ordinanoi ~o. I !:,, Se nee of 2000; and WHE , the MOA wishe to apply for an Art;; Ll-.-..or License from the City and the State allow for the serving of liquor at iui , rt functio111 ; and WHEREAS, the aublease does not specifically addres that use and the parties wisl, to CJl.rif) be u ea allowed witlu.n the demised premises; and WHEREAS , the pasaage of tlu.s prop d Ordinance will finalize a aecond amendm,mt to the Suble se and greement between the icy of Englewood , tbt1 Englewood Environmental Foundnuon. Inc . and the MU&eWD of Outdoor Arts; 0\ . THEREFORE. BE IT ORDAl~D BY THE CITY c o~CIL OF THE CITY OF ENGLE \1000 , COLCRADO , FOLLOWS; · m.l-The acceptance of the econ ... .\mendinent to tbe Agreement and Sublea , between the City of Engl wood . Colorado. Muaeum of Outdoor Art.a and the Englewcod EnV1ronmental Found tion. lnc. to c}anfy that '\'IOA may apply for an Arts Liquor ljcense for the ~QA ap ce t the Englewood CiV1 c Center, ttached ea "Exhibit A", Ui be,-eby ccepted and approved by he Englewood City Council . ~illl.!, Th rema1run11 ect1ona of the Governm "l tal Agreement and Sublease and th Amendment to the Governmental Agreement nd Sublease remain m effect. -1- ~-Th Mayor ia authorized to execu'..e and the City Clerk to attett and aeal the Amendment to the Ap-eement and Sublease for and on behalf of the City of Engl...-C'ld. Colorodo. Introduced, 1·eod in full, and passed on fir treading on the 21st day of May , 2001 . Published aa s Bill for an Ordinance on the 25th day of May , 2001. Read by title and passed on final reading on the 4th day of June, 2001. Published by title as Ordinance o. d:L.., Series of 2001, on the ""day of June. 2001. I. Loucrishia A. Ellis, City Clerk of the City of Englewood , <..vforado, hereby certif that the above and foregoing ia a true copy of the Ordinance paue n final readin, and published by title as Ordinance No . <fl;tJ_. Series of 2001. -2- • • • • ECOND AMENDMENT TO GOVERNlfli!NTAL AGREEMENT AND SUBJ,EA.SE WHEREAS, the City of Englewood, Colorado (hcre1J1aiter referred to as "C ITY , the Englewood Envinmmental Foundation. Inc. (he_remnfter referred to a "EEF"). ao:i the Museum of Outdoor Aru (hereinafter referred to as 10Aj, entered into a 'Cove nunental Agreeme nt and ublease" on • ovember 22 I 9 . Concerrung the sub le e of certain pr mises in th Civic Center Bwld ing located at 1000 Englewood Parkway, Engle 11ood. Colo rado 80110. WHEREAS. the ~IOA wi hes t o apply for an Arts Liquor License from tbe ity nd thP. State to allow for I.he erVlllg of hquor I its art fun ctions: and WHEREAS. the suble:ise doe not pecifically address that u e and the parties wtSh clanfy the use allowed w1tlun the demised prem1Ses ; and WHERE! . the Aru Liquor LicertSe would allow service of liquor only within the MOA sublea d prem1Sea; THEREFORE, the follm 1ng ectic,n sbnll no w be amended ond shall read as follows : ARTICLE IV USE OF PREMI SES 4.1 U se of Premi es and Bu ine ss Hou rs. Du nng the entire term of this Agreement, the Demised Premi s shall be used solely fo r the purpo e of the ccndud. of MOA's exempt p..i.rpo a, its bu 1ne1 offi ce , cl s s ond uther lawful ctl\,t1es ocrnted with such busine s . Jo connection w11 h euch aciivitie& MOA mav aezye hguor puuuant r.o an Arts ymuor l,1 ce nu or Spec:;n! Ev enta Permi t issue d by the Caty nod the State of Co!orado. The busineu hours for MO. bnll co nform to the standard buildmg hours or operation. The C ITY agrees to acrommod 11te additional houra ou ide s tandard building hours on a re ason bl b s1&. MCA ■hnll be reqwred to provide tbe [TY with notice of the need for additional hours in advance . For nll purpo s under tlus Agreement s tandard building hour means 7:00 .m . to 9:00 p.m .. Monday through Friday and 7 :00 a .m . to 6:00 p .m . aturday. other than holidays. I \\11'NES WHEREOF . the pame hereto h ·,e affised i.heU' 1gnatures the dny and year first abo,·e wntten (Seal) CITY OF E. 'GLEWOO:J By • ENGLEWOOD ENVIRONMENTAL FOUNDATION , INC. By Rick Kahm , Presideat ST TE OF COLORADO CO TY OF ARAPAHOE The fore going instrument was acknowledged before me this _ day of _____ _ __, 200 1, by Rick Kohm , 11 th Pre 1d nt o th Englewood Environment.al Foundatioa. (SEAL) My commission expire . ____ _ • C, ., • STATE OF COLORADO COUNTY OF ARAPAHOE -2- EUM OF O DOOR ARTS Notary • • • COU IL COMMU !CATI ON Date Agenda llem Subject Amendment to the Agreement with the Museum o May 21 , 1001 11 a I Outdoor Arts Initiated By City Manager's Office I Staff Source M ichael Flaherty, Assistant City Manager COU Cll GOAL A O PREVIOUS CO CIL ACTIO On ovember 21, 19'.39, uty Council adopted Counal Bill o. 70-99, approving an Agreem en t and Sublease between the Muse1.1m of Outdoor Arts, the Englewo od Enviro nmental Foundation, Inc., and the 0 of Englewood. On April :: , 2000, Council passed Council Bill o. 15-00, approvi ng an am endment to the agreement with the Muse um o f Outdoor Arts . REC OMME DEO ACTI0 Staff seeks Council's sup port for a bill for an ordina nce amending th e M us eum of Outdoor l\.rtS Sublease Agreement auth orizing MOA to apply for an A rts Liqu o r License, su bject to reaso nable cono,:.''lns as may be agreed on with City staff . B CKGROUNO, NALYSI S, A O ALTIR ATIVES IOE FIED The M use•im of Outdoor Arts c,ccasio naJ ly holds openrng receptions for its new exhibits at which they serve light refreshments and, i n some c ases wine. Under state law, the Museum may, as a private host, serve, but not sell, li quor to invi tees o nly. A special ca te gory of an 'Arts Li quor License' is available from the State of Colorado for arts organizations, allowing the m to se e and se ll alcoholic beverages at the ir rece ptions and oth er exhibi t-rel ated festivitie s. In order to ensure th at its activities are in full c ompliance with state law and to allow for all contingencies, OA has ap proached the City's liquor Licensing uth onty regarding an Ans liquor license. The City's current sublease ag ree ment with M0A do~ ~ ecifical ly address that the City, as !an dlord, has authorized M OA to apply for a li quor licen , he Liquor Licensing Authority requi,,.< this authorization pr:or to processing M0A's request for a liquor license. fl A CIALlMP CT There 1s no financial impact foreseen a5 a result of this amendment UST OF ATTACHMENT S Propo~ed Bill ior an Ordinance