HomeMy WebLinkAbout2000 Resolution No. 085•
RESOLUTION NO . ~
SERIES OF 2000
A RESOLUTION APPROVING THE GOLF COURSE RESTAURANT CONCESSIONAIRE
AGREEMENT BETWEEN '!'HE CITY OF ENGLEWOOD AND REIF GOLF
ENTERPRISES, INC.
WHEREAS, REIF Golf Enterprises, Inc. bas been eelected as the concessioru.in! to
operat e the Englewood Golf Course Clubhouse restaurant; and
WHEREAS, the pu.;,ose of t his Lease to provide s nack bar , grill and bar services to the
go lfi ng public and a qua lity, full -s ervice restaurant facility offering breakfast, lunch a nd
dinner for group m !etings , service clubs and info rmal evening dining;
NOW , THEREFORE, BE IT RESOLVE D BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
~-The Agreement between the City of Eng.ewood and REIF Golf Enterprises,
Inc . for restaurant/concession services at the Englewood Golf Course ia hereby approved. A
co py of s aid agreement is attached hereto as "Exhibit A" and incorporated herein by
reft!rence .
~-The Mayor a nd t he City Cle rk are hereby a uthorized to sign and attest the
Ag reement described above for and on behfl lf of the City of E ,•glewood, Colorado.
ADOPTED AND APPROVED this 2•• of October, 20 00.
1, Lou cnshia A. Ellis , City Cle rk foi;.tb e City ofEnglewood , C orado, hereby certify the
abo, c is a true co py of Resoluuon No 12, Sen es of 2000 .
• ,iT ' ' AGREEMENT
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1 Ir 'lOUI b~ ,,
THIS AGREEMENT, hJreinafter called "Leue", made awl entend into thia --claY of
____________ 2000, by and between the CITY OF ENGLEWOOD,
a Colorado municipal corporation, hereinafter n,fernd to as "City", and ______ _
________ ., hereinafter referred to aa •Concenionaire•;
WITNESSETH:
WHEREAS, the City ow111 certain n,al property which ii known aa the Enalewood
Municipal Golf Co.irse, hen,inafter called "Golf Coune", and located in the City of Sheridan;
and
WHEREAS, City and Conceas i .. maire drJSire to enter into a lease for the management of
the restaur"~t and lounge located at the Englewood Municipal Golf Course;
NOW , THEREFORE, for and in cons.,(eration of the mutual covenants hereinafter
appearinr and of the payment of the mon:ea hereinafter set forth, the partiaa hereto apee
as follows :
Smiw1..1. STATEMENT OF INTENT.
The p~ of thia Lease lo provide sll8ck bar, grill and bar services lo the ro1finc
public and a quality, full-service restaurant facility offering breakfaet, lunch and
dinner for group meetings, service clubs and informal evening dininr,
~ GRANT .
The City hereby leases to Concessionaire the portion of its golf clubhouse presently
used aa ita restaurant concession, together with the impro.,emen ta thereon, localed at
2101 West Oxford Avenue, Sheridan, Colorado BOHO, for the purpose• of eerving food
and beveragea, including alcoholic beverages.
Sllii.wl..J , DEFINITION Or' PREMISES.
The "Leaee,' Premise s" as referred to herein ie defined lo be the golf clublwuse
reetaurant and lounge which ie owned by the City of Englewood, Colorado, See Exhibit
"A", Pl'Opo..Jd food and beverage operatione ahall also be allowed on the 10lf courae.
Nothing herein gives Concessionaire any riaht lo interfere with or participata in the
operation of the Golf Course ae a golf courae, i.e . fairway& awl greens, Pro Shop, and
all other golf cow1e operations.
~. TERM OF AGREEMENT.
Thia Lease shall not be effective until Conceaaionaire baa obtained ,. liquor licenee tc
diep., .. ,e alcoholic beverages pursuant to C.R.S . 12-47-101 et, seq. From the date of
aignatwe until the liquor license is authorized by the proper ofliciala, thil Lease shall
be co r.a1dered an Option to Lease that may 'lot be terminated by either party, except
that if the Liquor License is not grnnted and in operation on or before
-----~ 2000, The Cit hereby 11'"1lnts to Conceeaionaire the right to bold
the Leased Premises pursuant to the term• of this Lease for a one (1) year lease with
two (2) one (I) year renewals at the option of the Concessionaire and with two (2)
additi onal optional one (I} year period ■ by agreement of both parties. The City
reser-.·,• the 1i1ht to aceept. modify , or reject r.-id written propoeal. Uthe
Conceeoionaire intends to renew the contract they muat inform the Director of Parb
and Recreation ninety (90) day1 prior to termination of the leue. The City •hall
inform Concessionaire of ita decl ■ion through the Director of Parka and Recreation.
~ USE OF THE PREMISES.
Conceseionaire shall have the right to poeaeesion of the Leased Premises for the
purpose of serving food and/or bevenges, including alcoholic beverages , for
con■umptian on the golf course. However, nothing in this Lease shall be con■truad to
authorize that which is prohibited under United States, State or local law , ortlinance,
code or regulation . The Leased Premises shall be used by the Concessionaire for the
purveying of alcoholic be verages, 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. Con:essionaire shall operate the Leased Premise s in a careful, safe,
quiet, orderly , and businesslike manner . Conceasionaire shall not use or permit the
premises to be uaed for any purpose that is prohibited under the laws of the United
States, st&tutes of the State of Colorado, or ordinances, regulations or code■ of the City
of Englewood or the City of Sheridan.
ConceBBionaire shall provide food and/or beverages includin~ alcoholic beveragBB on the
golf courae through the use of sheds, a cart or a combination thereof. Operation time
and uae of the sheds and cart(s} shall be provided by the Concesaionaire and ehall be
approved by the City Manager or designee in the same manner as Section 8, Uae of •
cart(•) •hall follow the same rules and regclationa as golf courae n,ntal carte, Shed
design shall be approved by the City Manager or his designee. Use of a cart shall not
interfere wit h the op eratio n of the golf course. Ser-.-ice to the golfers on the course sball
be reviewed by the City Manager or his designee e ,ery s,x (6) months .
Enter:ainment of any nature that Concessionaire proposes on the premises shall be
■ubject to prior approval by the Englewood City Manager or hie designee , which
approval shall not be unreasonably withheld. If the City determine• any
entertainment to be obj ectionable, City shall notify Ci.rn cessionaire in writing thereof
and Co ncessionaire shall te rminate said entertainment immediately.
~ EXCLUSIVE RIGHT TO USE PREMISES.
City hereby grants to Concessionaire the exclusive right to ust.• the Leaaed Premises to
operate a re staurant and to purvey alcoholic bevera ge s . l 11:i e of vendin, machines by
the Concession aire must be approved by the Ci ty Ma na ger or designe,.
Swiwi..1. MENU.
The Co ncessionaire shall pro vid e an a ttr'..tctive me nu for bre akfast, lunch, and evening
meals listing meal items, beverages available and current pricing. Menus, pricing and
chang .. ~ to me nu s or pr icing of menu items shall be reviewed and approved by the City
Manager or his de signee .
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~ P '.)URS OF OPE RATION.
a) ~--May lat through September 30th of each year, the c,_;,,.,,i.., lhall
.iperate the restaurant C. ility aeven (7) daya per weak and durinJ theae mon1h.
ehall be open each day to ,erve ,neaJ. to the public from one-half hour before
dawn and shall remain 01 en un1il at leut 10:00 p.m.
b) During the months of Oc-.ober lat through April 30th of each year, the
Coaceaionaire ahall operate the reataurant facility MY9n (7) daya per week and
during these months aball be open aach day ;., aerva meaJ. to the public et dawn
and ahall remain open until at leut 8:00 p.m.
c;) Houra of operation, including the hours of shed and cart operation. may be
modified with written approval from the City Manager or hia delipee.
d) Sunday closing at 8:00 p .'ll . is permitted. Nothing herein shall be ronatrued as
prohibiting the Conces8'onaire from being open for other houn in addition to
those atated in paragraphs "a " and "b " above . Res taurant may cloee on
Chriatmas Day.
e) Concessionaire agrees to cooperate with the Golf Course Manager in acheduling
llllif maetinp and eventa that involve uae of the crill , meeting room and dining
room. In the event of any disagreemen~ the matter shall be referred to the City
Manager or hie designee .
t MAINTENANCE , REPAIR AND REPLACEMENT.
i. The Conce ssionaire shall be reaponaible for repairs and/or replacement of
email a ppliances, dishes, glasses, ailverware. and other equipment and
miscellaneoua cooking pots, pana and utensils.
ii. The City shall be responsible for the cost and selection of the contractor for
maintenance, repairs and replacement of the stove, grill and oven, hood
a nd fire suppression sys tem, deep fat fryer, sinks, crease trap, cabinets,
dishwashers, freezer , walk-in cooler, bar refngeration, furniture, and snack
ba r coole r . The Conce ssionaire shall be responsible for the first three
thousand fh·e hundred dollars ($3 ,500 .00 ) of outside contractor expense or
pa r ts purchased by the City and therea ft er t he City shall be responsible for
all additiona l costa, u nless auch coat is due t o negligence or other acts by
Con ce ssionaire or employe es of Concess ionaire.
g) Conce ssion ai re a nd or the City may tempora ril y cl os e the restaurant facility £or
cleaning, co nstruction and maintenance under a mutually agreed upon schedule .
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SECTION 9. CLEANLINESS GUIDELINES.
The Conceuionairc will maintain, at all times , the kitciu,n, food pnpantion, ctininr
and hanquet areas, all equipment, futtureff, paraphernalia, matariala, utenaila and
other ite1111 there in, in a clean and sanitary manner, polilbed and wued to the
hirhest decree possible . Conceuionaire 1hall keep the conceuion facililiN clear of
broken glau, debris, and garbage. Conceasionaire shall di,poae of any wute water or
other waste Quid in the ••nita.ry sewer. In the event waste fluida may not leplly be
diapooed of in the sanitary se, ,,r, then Conceuionaire ia reapolllible far dl,poaing of
same in an appropriate and lawful manner. Conceasiouain ■hall comply with all
applicable health and sanitation laws and regulations in efl'ect where tbt
food/beverage a1oas are located . The Conceaaionaire shall permit and facilitate
inspecti011 of the food/beverage areaa by the City and ita representativee and by public
health/sanitation/building/fire authorities so authorized at all time ■.
The following shall establish the minimum sanitation guideline ■ m the
Conceaeionaire:
a) The Sanitation Code of the U.S. Food Service Industry as publilhod by the
National Restaurant Association.
b) All State of Colorado Acta and Regulationa governing food Nnice operations.
c) All applicable County Public Health/S• litation R •gulation■.
d) All applicable Federal Government Acta and Regulo ti,m.
e) Any specific guidelines eatabli1hed by the Manager.
SECTION IO . SANITATION REGULATION AND JOB INSPECTION.
a) Informal inspections of the food service facilities are to be conducted weekly by
the Concessionaire. An inspection checklist is to be prepared and completed by
the Concessionaire for each inspection, and said checklist■ are to be made
available to the City upon its request. A complete report of corrective ueasure•
taken or to be taken for any deficiencies noted s hould aca,mpany the inspection
report.
b) Inf or . ual inspec tions of the food service facilitie s are to be conducted daily by the
Conces sion aire wi th immediate corrective mea s ures taken for any deficier:""!.es
noted .
c) Formo! ins pections of the food service facilities are to be conducted a minimum of
two (2) times per year, on a quarterly basis , by the C:ity's designated
representative, acc'Jmpanied by the Concessionaire.
Swil2n..l.l. RENT.
a ) Concessionaire shall pay re nt to the City in accorda nce with the following
schedule: •
i. Commencinr on-----~ 2000, the Conceulonaire ,ball pay
$3,000 per month or 10% of the l>'OU, whichever ii ~,i,r. Ol!IN
ohall includ1 nndinr machinee and all revenue (11cept tazaa) ~tare
producod or conducted on Iha Leued Pn,miN1.
The aforesaid fised rent payment!< shall be paid each month , in advance,
on the first day of each month or on the first Monday of each month if Iha
firot day Callo on Saturday or Sunday.
A penalty fee of $10.00 per day or part thereof ohall be charged for each
day or part there< r that the rant ia paat due, until 12:00 midnight on Iha
14th day paat due. lftha rent payment ia not received by midnight on the
14th day past due, the Conceuionaire shall be in violation or the term, or
this Agreement, and subject to termination.
Swiim..,U. UTILITIES .
City shall provide all utility costs for operation
Smilln.la. JANITORIAL SERVICE AND TRASH REMOVAL .
City shall be ra1ponsible for the reasonable cost or trash removal and janitorial service
for the Leased Premises. Nothing in thia Paragraph shall diminiah the
Conceuionaire's requirements set forth in Paragraphs 9 and 10.
Smilm,li-PARKING FACILITIES .
a) The exiating parking facility adjacent to the Restaurant conceaaion (hereinafter
called 'parking facility") aha!! be open for use by Conceaaionaire and its
cuatomera; such right or uae of the said parking racilitiaa shall be nnn•11cluaive
right.
b) City shall at its own expense maintain the parking facility, which shall include
snow removal when neceaaary.
~SIGNS.
The City shall maintain an entrance sign with the name of the Conceaeionaire. The
Concessionaire shall be allowed equal apace on the entry sign. Any other signage for
the restaurant shall be the sole responsibility of the Concessionaire. All signage muat
be approved by the City Manager or his des ignee .
Swian..15. PHYSICAL FACILITY AND EQUIPMENT .
City agrees to provide space, fixtures , equipment and fumit·.ire for an equipped
kitchen, bar, lam -,~ area, grill, snack bar and two dining/m ~eting rooms.
Concessionaire atrees not to move existing partitions separating dining area and
meeting room without the written permission of the City Manager or his deaignee .
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SmiwLll. ADulTIONAL FACILITIES AND EQUIPMENT.
Concessionaire shall have the right to inatall additional facilities and equipment with
the consent of the City Mana11er or his deaillllee. Said facilities and equipment ■hall
become the property of the City upon the termination of the lease.
5wiwl..18.SECURITY.
Conceesionar• :• responsible for the obtaining of theft insurance covering all food ,
liquor, and other supplies and personal property of Concessionaire. Such policie■ ahall
contain no right of subrogation against the City. Concessionaire shall provide a copy of
the policy to the City Manager or his desillllee.
~-PERSONNEL .
a) Concessionaire shall at its own expense employ such qualified personnel as may
be necessary for the concession operation and shall require all personnel to be
clean, polite, and courteoua 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 salaries of any employee or
representative of Concessionaire, nor for any debts, liabili,ies or other obligations
of Concessionaire.
d) Neither the Concessionaire nor the employees who perform services pursuant to
the AgTeement shall be considered employees, servants or agents of the City of
Eng?ewood as a result of the performance of services under the Agreement.
e) Violence and acts prohibited by law comm it' d by Concessionaire or employees of
Concessionaire shall cause immediate termination of the Lease .
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• ~-UCENSER AND PERMITS.
Concesaioll&ire, at ita own txpeDH, ,ball MCUn ar,,y and all lice11111 and permitl for
food service, and purveyance or alcoholic and non-alcoholic beverqu. Concesaioll&ire
agree■ to promptly initiate an application and obtain a Hotel and Rvetaurant Liquor
Lie•na pursuant to C.R.$. 12-47-101 et aeq. Conce&1ionaire ahall have the
reaponoibility of the enforcement of all liquor laws and regulation, on the premitea.
Concesaionaire shall reimb\11'88 the City for all licenae fees it haa paid to Sheridan and
the State of Colorado.
~-COMPLIANCE WITH STATE AND CITY HEALTH CODES.
Conc:eaoioll&ire sball keep all conceHion areae in a clean and s&ni~, condition at "11
times and shall comply with all State, County and City health laws relating to the
diapensing of food and beverages.
~-INSURANCE/INDEMNIFICATION.
a) ConeeS1i0naire agrees to furnish to City a performance bond or letter of credit in
the amount of Fifty Thousand Dollars ($50,000,00) or a cash depoeit in the
amount of ten thousand dollara ($10,000) guaranteeing faithful performance by
Conceaaiooaire of all terms, covenants, and conditiona herein contained and
compliance with applicable City ordinance,. Said bond shall be furnished as or
the date of execution of this Lease.
b) Concessionaire shall at Concessionaire's own expense keep in {,Ill force and effect
during the term of this Lease statutory Worker's Compensation coverage. A copy
of the certificates of insurance shall be sent to the City in can of the pun:basing
division.
c) INDEMNIFICATION . Concessionaire agrees to indemnify and bold ~armless
the City of Englewood. ita officers, employees. insurers, and aelf-inaura·1ce pool,
from and against all liability, claims, and demands, on acoou.nt of injlll"}', 1088 or
damage, of any kind whatsoever, which arise out of or are in any manner
connected with Concessionaire, if such injury, loss. or damage is caused in whole
or in part by the act, omission, or other fault of Concesaionaire, or any officer or
employee of Concessionaire. Conceesionaire agrees to investigate, handle,
N'spond to, and to provide defense for any such liability, claima , or demands at
the sole expense of Concessionaire, and agrees to bear all at.her costs and
expenaea related thereto, including court costs and attorney fees , whether or not
any such liability, claims, or demands alleged are groundleea, false, or
fraudulent .
d) INSUR<\NCE .
i . Concessionaire is to procure and maintain, at its own coat , a policy or
policies of insurance sufficient to insure aga inst all obligations assumed by
Concessionaire punuant to this Lease.
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ii. Concessionaire shall procure and continuoualy maintain the minimum
inlurance coverage's listed below, with the forma and insurera acc,ptable
to the City of Englewood. In the cue of any claims-made poliC)',,the
neceuary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverare.
(A) General liability and errors and omissions inlurance with
minimum limita of one million dollars ($1,000,000) per each petli0D
and one million dollar1 ($1,000,000) per each oocurrence, plua an
additional amount sufficient to pay related attomtya' fee1 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 occurring aa a result of any one accident;
$1 ,000,000 for pro~erty damage: and $1,000,000 for producta
liability. A certificate evidencing said insllttllce policies shall be
kept on file with the Clerk of the City and the City Purchasin:T
division and shall have a provision that the same shall not bt
altered, a me nded, or canceled without first giving written
notification thereof to the City thirty daya prior thereto.
Concessionaire ful'the.r aaree• to indemnify the City fur any claims
brought ageinst the City becauae of or on account of
Conceasionaire 'a operation.
iii Fire and Extended Coverage Insurance shall be provided by the City on the
Club House buildinr, and exunded buildings included in Leued Premiaes,
only. Concessionaire shall be aolely resporu,ible for aecurinc and paying for
insurance coverage on those improvements and contents belonci,ng to
Concessionaire located in or on the Leased Premises. Conceaaionaire
hereby expressly waives any cause of action or rig!.tt of recovery 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 ~xp losion.
iv. The policies required above shall be endorsed to include the City of
Englewood and the City of Englewood's officers and employees aa
additional insured. Every policy required above shall be primary
insurance. and auy insurance carried by the City of Englewood, ita officers,
or ite employees , or carried by or provided through any self-insurance pool
of the City of Englewood, shall be excesa and not contributory inllurance to
that provided by Concessionaire .
v. The certificate of insurance provided to the City of Englewood shall be
completed by the Conce ssionaire's insurance agent aa evidence that policies
providing the required coverage's, conditions . and minimum limits are in
full force and effect, and shall be reviewed and appro,ed by the City of
Englewood prior to commencement of the A(Teement. No other form of
certificate shall be used. The certificate shall identify this Agreement and
shall provide that the coverage's afforded under the policies shall not be
canceled. terminated or materially changed until at least 30 days prior
wtitten notice has been given to the City of Englewood. The completed
certificzite of insurance shall be sent to :
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City Clerk
City of Enclewood
1000 En1lawood Parkway
Englewood, Colorado 80110
A certified copy of any policy shall be pro.;ded to the City ofEnsJewo'lil at ita
requut. A copy of the certificates of insurance shall be sent to the City in care of
t.'ie Purchasing Oi.;sion, 2800 South Platte River Drive, EnsJewood, Colorado
80110 .
.;. The parties hereto understand and agree that the parties ara .relying on,
and do not w ai·✓e or intend to waive by any provilion of thia Agreement,
the monetary limitatiuna (prnently $1,000,000 per person and
$1 ,000 ,000 per occurrence) or any other rights, immunities, and protectiona
pro.;ded by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et
,,,q., aa from time to time amended, or otherwise available to the partial,
their officers, or their employees.
A certificate evideocins said insurance policy shall be kept on file with the Ci~
Clerk of the City and shall have a provision that tbs aame ■hall not be altered,
amended, or canceled without first pmg written notification thereof to the City
thirty days prio,· thereto. Conceaaior.aire further agrees to in~r--,nify the City for
any claims brought against the City becau.ae or on account of ( ~onaire'a
operation. A copy of the certificates of insurance shall be sent tu the City in ca.re
of the purchasing division.
~-FIRE OR NATURAL DISASTERS .
In the event lire or natural dila, r renders the Club Houae and ita conceuion
facilities inoperable, the Cona,a1onai?e shall be released from the terms of
compenaation to be pkid the City until auch time as the Chili Houae and ita concession
facilities are ~eclared open and operable by the City. If in the event such conceaaion
facilities ara uot open and operable within a period of thirty (30) days from the time of
auch dis aster, Concessionaire has the ri ght to terminate its contract and Lease with
the City under Section 24 , Termination of Lease, contained herein .
~ TENANT RECORDS .
Concessionaire shall keep and maintain complete and accurate records and accounts o(
its business on a calendar ye ar basis . A monthly report shall be generated providing a
breakdown of "gross sales .. into the following categorie s:
Restaurant Operations,
Catering Operaoons,
Bar Opera tiom: AND
ANNUAL AUDIT .
Such records shall be maintained in accordance with generally accepted accounting
principles and shall be audited annually by an independ ent accountant certified in the
State of Colorado . The records shall clea rly show Concessionaire's gross sales ,
including proceeds from all catering acti.;ties. Gross sales shall be divided in
restaurant operations , caterin g operations and bar operations . Such records and
accounts , includ ing all sales tax reports that Concessionaire lumishes to any
government or governmental agency shall be made availsble for inspection at any
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reuonablo time upon request of tho City, tho City's auditor, or other authorized •
repre11ntative, and a copy of such annual audit, including all written commenll and
recommendations of sud independent accountunt, ahall be furnished to the City Clerk
within 90 days of the close of tho fiscal year being so audited.
;m~. TERMINATION OF LEASE.
a) Thia Lease may , at any time, be terminated by either, ,ty upon ninety (90)
days' written notice to the other without cause.
b) The parties may terminate the Lease by giving thirty (tu) days' written notics 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.
~-DELIVERY AND REMOVAL UPON TERMINATION.
Conceasionaire will deliver the premises at the termination of thia Leasa in aa iQOd
condition and state of repair as when received, except for ordinaey wear and tear or
loss or damage caused by an act of God . Upon termination, Cmc:estrionaire 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 caUNa any damage to tho premises, oaid
Conceaaionaire will repair the same in a proper and satisfactory manner at its own
expense.
All liquor licenses ,hall be transferred to the City of Englewood . At no time shall
Concessionaire terminate, alter or surrender the liquor license without approval of the
City of Englewood . The Conceasionaire shall be subject to injunction to preftnt
surrender or injury to the liquor licenae . Upon termination, the attached Power of
Attorney shall be operative and ohall allow the City to operate the eatabliahmont
pursuant to law. In the event the liquor license is transterred to the City of
Englewood. the City shall pay the Conc:easionaire S2 ,500 .00 less any offsets allowed
by the prior provisions of this Agreement.
~. This Agreement may not be assigned and a sublease shall not be allowed
without the written consent of both parties.
Sw:..J.n...2B. NOTICES .
All notices, dema nd s and communications hereunder s h nll be personally served or
given by cerufied or registered mail, and :
n) If intended ior City shnll be addressed to City at:
City of En glewood
Atte ntion : City Manager
1000 Englewoo d parkway
Englewoo d, Colorado 80ll0
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with a copy to :
Cit)' of Enwiewood
~lion: City Attorney
1000 Englewood Parkway
Englewood. Colorado SOHO
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b) If intended for Concessionaire shall be addreued to r41lceaionaiN at:
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with a copy to:
c) Any notice given by mail shall be deemec! delivered whm depaoited in a Uniled
States general or branch post office, addressed aa above, with postage prepaid,
or when served personally at the applicable address .
Swi.lm..2ll. ENTIRE AGREEMENT.
Thia Lease, together with the exhibits attached hereto:
a) Contains the •ntire •rre•ment between the parties; and
b) Shall be governed by the laws of the State of Colorado.
~. SEVERABILITY.
If any elm""' of pro,-ision 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 ia the
intsnlion of the parties beret~ that the remainder of this Lease ■hall not be affected
thereby. It is also the intent, •u of the parties to this Lease that in lieu of each clause
or provision of this Lease thr : is illegal. invalid or une.nfon:eable, there be added as a
part of this Lease a clause t: ..,,·ovision as similar in terms to such illegal , invalid or
unenfon:eable clause or pro11s ion as may be possible and be legal, valid and
enfon:eable.
~CAPTIONS.
The caption cf ePch Section is .!ldded as a matter of convenience only :ind shall not be
considered in the construc:\on of any provision or provisions of this Lease .
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S~. BINDING EFFECT .
All terma, conditions and covenanll to be obnrved and perfiirmed 1by tlM partie1
hereto shall be applicable to and binding upon their retpeetive hein, aclminiotraton,
executora, aucceuora and assigns.
IN WITNESS WHEREOF, the partiea hereto lu·ve hereunto set their hando and
seals as of the day and year first above written.
CITY OF ENGLEWOOD. COLORADO
"City"
By ________ _
Thomas J. Burns, Mayor
A'M'EST:
L<r.u:riohia A. Ellia, City Clerk
.. Concesaic-naire ..
By _________ _
By ________ _
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COUNCIL CQMMUNICATION
b 1 pno,
Date Agenda Item Subiect
October 2, 2000 :urant Contract· GoK
1 O c I t.;v-,rse
Initiated By Staff Source
Department of Parks and Recreation Jerrell Black, Director of Parka and Recreation
Bob S ada Gott rattona Mana er
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION I n
1996 Approval of Restaurant Contract-JOQ's Corporation
1988 Approval of Restaurant Contract-Anderson/Malloy, In~. D.B.A .• WorxtY;s Club
1986 Approval ol Restaurant Contract-Mur.James Corporafi!>n
1982 Approval of Restaurant Contract-2101 Corporation
RECOMMENDED ACTION
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Staff recommends to City Council to adopt a resolution approving the Gott Course
Restaurant Concessionaire Agreement between the City of Englewood and Relf Golf.
BACKGROUND, ANAL VSIS, AND ALTERNATIVES IDENTIF-IED
The Gol! Course has provided a restaurant concession at the existing clubhouse since
1982 . The current c-oncessionaire , JOQ's has operaled the restaurant facility since
1996. The term of this agreement was for five years and was to terrninaie in January of
2001 . JOQ's gave ninety days notice (per Section 23, Paragraph A, of the Concession
Agreement) on June 26, 2000, to stop the restaurant operation effective October 2,
2000 . However, due to numerous staff problems, Julie Quinlivan , owner of JOQ's,
requested to cease operation after the day•~ business on Sunday, August 20, 2000.
The City of Englewood has operated and will continue to operate the restaurant until the
new concessionaire begins .
Bid requests were distributed to fourteen interest parties . Four pmposals wera received
and four interviews were, conducted.
CONTRACT: The development of the contract received input from the Parks and
Recreation staff, City Attorney's office, Finance Department ~nd the Purchasing
Department. The contract was developed to provide fairne ss and equity for both the
concessionaire and the City of Englewood . However, a few changes were made from
the previous contract to increase the benefits to the City of Englewood and the patrons
of the restaurant. Areas that were adjusted are as follows: hours of opllration ,
particul· , ly for the cart and snack sheu will be posted . The concessionaire will be
respon.;ible for the first $3,500 of repairs to stove , grill, dishwashers , etc. Sectkln 9
(C le anliness Guidelines) and Section 10 (Sanitation Regulation and Job Inspection)
we l e added to assure safe and clean practices were in place . The sign rental was
included in the new rent payment.
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SELECTION PROCESS :
interview Co'1l!l!IJlu.-An 1rurv1aw,tl0111mmae was created to provide a wide
range of diverse Input. The lnt&rvtew Committee consisted of tt,e Goff Operations
Manager, Manager of Open Spaces and reprasentallves from the following
aepa;tments:Flnanco D,iii an , Purcnailng 0-'Plltinerifai\'lflha RumanRas'.61lrces
Depar1manl Also lncfudl!I cln Iha committee from other agencies were a repreeentative I
of the Parks and Rec,...,tloniCommlsslon, Facilities Manag~r for the City of Westminster 1 and Iha otrec10r of'C3otf for FoottiHts Patts qnd Recreation . --
' l.!.ll!.'l1m~: The evaluation c~teria Included financial considerations ,
customer HIVClt elemenle, experience , ma\.kellng plan, .-iu and pricing, ~llltion
and bid propo~E,I and professional attributes . The profesalonal attributes included
intangible elements such as positive attttudrinnovation'a1\d crei~, mollvatl(Jn,
commitment , etc .
F!NANCIAL IMPACT
The rental pa)ment will be $38,000 ·or 10%·of the gross (whichever Is greater) per year .
UST OF ATTACHMENTS
Bid Proposal Tabuhtion
Proposed Resolution
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CITY OF ENGLEWOOD -ENGLEWOOD MUNICIPAL GOLF COURSE CONCESSIONAIRE
BID OPENING
SEPTEMBER 8, 2000 10:00 A.M.
~PANY MONTHLY RENT QUESTIONS ANSWERED BID BOND COMMENTS
TINA SULLIVAN $3,500.00 ALL MARKED LETTER SEE ATTACHcD
OF
CRC!OIT
OVERLAND G.C. $3,000 .00 MIN. OR ALL MARKf,_-,. PERSt•NAL SEE ATTACHED
RON REIF 10%OFGROSS CHECK AMENDMENTS ACKNOWLEDGED
WILLIS CASE $30,000.00IYEAR ALL MARKED BIDIIOND SF..EATTACHED
PETE ELZI PLUS7%OVER ATTACHED RENT IS, E~PLAINED IN ~HIBIT A & B
$200,000.00 AME.',l~MENTS ACKN•JWLED:.ED
RBI GOLF MANAGEMENT N/R
BUFFl'LORUN 8% OF GROSS SALES ALL MARKED NOBID SEE ATTACHED
ED SEFIC BOND AMENDMENTS ACKNOWLEDGED
INCLUDED
BASIC FOOD GROUP, INC. N/h
PARADISE CONCESSIONS N/R
ROBERT G. BENNETT N/R