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HomeMy WebLinkAbout2001 Resolution No. 070• RESOLUTION NO .~ SERIES OF 2001 A RESOLUTION APl'ROVING AN ADDENDUM TO THE GOLF COURSE RESTAURANT CONCESSIONAIRE AGltEEMENT BETWEEN THE CITY OF ENGLEWOOD AND REIF GOLF ENTERPRISES , INC . WHEREAS, REIF Golf Enterprises, Inc . was selected as the concessionaire to operate the Englewood Golf Course Clubhouse restaurant in October, 2000; and WHEREAS , the purpose of the Lea,e is to provide snack bar, grill and bar aervices 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; and WHEREAS, this Addendum amends Section 11 -Rent . in the Lease Agreement •igned in October , 2000 to provide fo r a rent of 8% of the gross revenues or S30 ,000 per year, whichever is greater : NOW , THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT : ~-The Addendum to the Ai;reement between the City of Englewood and REIF Golf Enterprises , Inc. ior restaurant/concession services at the Englewood Golf Course, amending Section 11-Rent, is hereby approved. A copy of said Addendum is attached hereto as "Exhibit A" and incorporated herein by reference. ~.2-The Mayor and the City Clerk are hereby authorized to sign and attest the A!P"'em,nt desc-ibed above for and on behalf of the City of Englewood, Colorado. ADOPTED AND APPROVE!) this lat of October, 2001. ~till Loumshia A. Ellis. '.:ity Clerk I, Loucrishia A. Ellis , City Clerk for the t;ity of Englewood olor above is a t.-ue copy of Resolution No . .Ll2, Series of 200 l THIS .-\DOENDClvl TO THE AOREEME:-IT which wu made on October 2. 2000 , b1tw11n tht CI'l'I OF ENGLEWOOD , a Colorado municipal corpor111on. hereinafter referred to 11 "Cicy ", and f<EIF OO!i.F.. • hereinafter referred to 09 °Conce ss io na1te"; ' lu of October 3, 2001 the payment of rent shall be due as follows; ~RE:-.iT. a) Con ce ssionaire shall pay rent to the City in accordance with the followi ng schedule, i. Commencing on October 3. ™ !Q_QJ , the Concusionaire shall pay ~a.GOO per .,.,.11,..., ¼9,9(, ~ of the rross , gr S:30 QOO 00 pe" vegr whichever is greater. Gross shall includ'? vending machines and all revtnue (except taxes) that are produced or co nducted on the Lease d Premises . The aforesaid ~·.-rent payments shall ,,. paid ea, h lllOnth . ~.,.!!);the S... ~ day of~ lile...fu.ll--m:m&' month ! or J ••• L 6!,_,) io .. 1-_. 3 .!t .. :1 ?D On th i-f die fi:a . 4aJ Hl:!ls a?': S:H't! • .::1_. et Sdrt.: _ _.. There shall be an annual re,.iew of rent pa ymencs due and made for the year to determine any addit ional J.mou::: owed. The fina l pa::=S:nt , as dete:-:.:::ied by this review . shall be due by October 15:ti annua lly . On or before Oc~chA .. ~ REIF WlfwiU iurnis b to the Cit ·: an irre vocable letter of credit in favor of and oavahle rn the r,r-for ten ~bo yaand dollars l" S-'$10 goo om to secure the pa..-mi:nt of an•; out!;\o.ading acounu owe? undci,. this C.20r·act and not paid bv October 15 ofe;ich ve3r . . ~ penalty fee of SI0 .00 per d•y or part thereof ,hall be ch.irged for each day or part thereof that the rent is past due . •<mil 12 :00 midnight on the 14th day pa st due . If the rent payment is not rece1\·e d by m...dru ght on the 14th day past due, the Concessionaire shall be in violation of the terms of chis Agreement. and subject to termination. IN WITNESS WHEREOF . the parties hereto ba,·e hereunto set their hands and seo!s as of the day and year first above written. DATED : ________ _ CITY OF E:--iOLEWOOD . COLOP,\DO "City" By, _________ _ Thomas J . Burns, Mayor ATTEST , Loucris!ua A. Ellis . City Clerk / • CQUNCfL COMMUNICATION Date Agenda Item Subject Restaurant Contract• Reif Golf October 1, 2001 11 Ci Initiated By Staff Source Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation Bob S ada . Golf O erations Mana er COUNCIL GOAL AND PREVIOUS COUNCIL ACTION 2000 Approval of Restaurant Contract-Reif Golf D.B.A-Boge y's Bar and Grill 1996 Approval of Restaurant Contract-JOQ's CJrporation 1988 App ro va l oi Res taurant Contract-Anderson/Mallov, In c. D.B.A.-Woody's Club 1986 Approval oi Restaurant Contract-,11\ur-J ames Corp~rat io n 198~ Appro val of Restaurant Contract-::101 Corpo ration RECOMMENDED ACTION Staff re commends City Council adopt a re so lution amending the existing contract between the City oi Englewood and Reif Golf. The amendment wo uld change Rent irom 536,000 pe r year or 10% oi the gross sales (w hir.he ver is greater), to 8% 0f the gross sales . or a minimum oi 53 0,000 annually. BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED The Engle woo d Golf Course has prc vi ded a restaurant concession at the existing clubhouse since 1982. Re if Golf, D.B .A . Bogey's Bar and Grill , took over the operation in ,)ctober 2000. The y pro vide d a new decor with pic tures and tlowers, reno vated the bar area and made ;mpro ve ments to the kitch~n area, purchased a big screen TV, etc . to improve the operations of the restaurant. Bogey's Bar and Grill has increased the restaurant business significantl y. In the first eight mon •hs of this year, B,,ge y's has already surpassed the previous concessionaire's annual gross sales . Staff r 'ieves that Bogey's Bar and Grill will approach 5400,000 in gross sales as compared to 5~ ·,5 ,000 in years past. FINANCIAL IMPACT Thi s will be a decrease in revenue to th e Englewoo d Golf Course oi app roxicnate ly $4,000 annually. However, the guest services and menu se lect ion has grea tl y impro veci fro m pre vious ope rators. Staff belie ves this is still a strong contract when compa re d to other g0lr course rest aurant contracts. LIST OF ATTACHMENTS Pr oposed Resolution Amended Contract