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Home My WebLink About1990 Resolution No. 095RESWll'ICN NO, 95 SERIES CF 1990 - A RE&:WrICN APPROVING A LEASE AGREEMEm' ~ A SIQI AT '!HE ENGLFl«XX> GCLF CXllRS!! BElWEEN '!HE cm CF f2lGI.ENXX>, w:lOOY'S CLUB AND RIVERSIDE. IH:RF.AS, the City of E)iglewood will purchase and CMn the sign to be located at the entry way of the E)iglewood Golf Course; and WHEREAS, Woody's Club has an Agreesrent for 5 years concessiai managerent at the e,glewood Golf Course which was signed in 1988 and will make m:inthly payrrents; and lffl!EAS, Riverside has a Lease for 10 years as a miniature golf course and go • \rt facilities located at the E)iglewood Golf Course and will make rroot.hly paynents; and WHEREAS, the sign agreesrent is to coincide with the current agreesrent fran Woody's Club ond Riverside; and I~, the total cost of the sign is $9,235 ($287.00 per ll'Ol'lth) ond shall be paid as follows: the City shall pay 1/2 = $143.00 per ll'Ol'lth; Woody's Club 1/4 = $71.75 per ll'Ol'lth; Riverside shall pay 1/4 = $71. 75 per ll'Ol'lth; ~. TlmEFCRE' BE IT RESOLVED BY THE CITY CXXJNCil. CF THE cm CF ENGLFl«XX>, CCJL<Rl\00, THAT: Section l. That the Golf Course Entry Sign I.ease Agreesrent between the City of Englewood, Woody's Club (Victoria Ande.rson) the concessionai.re and Riversi&a ( Scott Si.npson and Jirn Herdener} the miniature golf course and go kart facilities lcx:ated at the Englewood Golf Course, 2101 West OXford Avenue is hereby approved by the Englewood City Council. Said Agreesrent provides generally as follows: I. P~y Covered : This Lease is for space on the Sign lcx:ated at the corner of e entry way to the Englewood Golf Course at 2101 West Oxford Avenue. II. Term Of The Lease: This Lease shall run fran the date the sign becanes operational to the tennination of the individual lease agreesrents between Woody's Club with the City, Resolution No . 88, Series of 1988 and 65 1t0nths fran the signing of this Lease with Riversi&. III. The Lease Payrrent : Riverside shall pay $71. 75 per ll'Ol'lth, Woody's Club shall pay $71. 75 per nonth. The I.ease paynent shall not result in o,,mership or in ony property right to the entry Sign . IV. Entrv Sign Desiffi : Woody's Club and Riverside shall limit their advertising rressages to ose of the present design and that 1-elate directly to the on-site arrenity . Any change in the cu.rrent design shall be approved in writing by the City. -1 - V. If the Entry Sign is inoperable for 30 days or nore, no pa)11'1!1'lt ahall be required until the Entry Sign is fully operatiaial. VI. It shall be at the sole discretion of the City to repa'.r, replace or abandon the entry sign carpletely cme to damage caused by vehicle oolli■ion or act■ of Goo. VII. Utility~~ Upon carpletion of installation, it ahall be the sole respon1!bility o City for all electrical wiring and power supply to the Entry Sign and all utility charges directly related to the operation of the Entry Sign. VIII. Termination of ~'· : Any party may terminate this l\gresnent as to the Entry Sign at any~ter the first anniversary date of the Entry Sign by giving the other parties 60 days prior written notioe of its intent to oo so. IX. Failure To Make Pa7vts : 'nle City may, at its option, after having give.o either Woody's Club or 11erside 7 days prior written notice and rega·cdless of the provisions of No. VIII, tenninate the Agreement if Riverside or Vl:lody's Club fails or refuses to make lease payments in accordance with the provisions thereof, or if either fails or refuses to perform any other obligation i.l!posed upon it thereunder, or if either becanes insolvent, files for voluntary petition and bankruptcy, makes an assignnent for the benefit of creditors, is adjudicated a bankrupt by any court of c:a1')E!tent jurisdiction, pexmits a receiver to be appointed for its business or permits or suffers a material disposition of its assets. X. 'nle Agreerent constitutes the entire Agreement ·and understanding between the parties oonceming the Entry Sign regardless of arry previoos writings or oral understandings, and its tenns will not be altei.-ed by arry oral agreement or informal writing nor by failure to insist upon performance, or failure to exercise any rights or privileges. Alterations , additions, or changes in the Agreerrent will be accarplished only by "1"itten enoorsanent, 1111en&rent, duly executed by all parties. AIXPl'ID AND APPIOJID this 17th day of Dec:e!!ber , 1990. ~#.~ Patricia H. Cro,,, City Clerk -2 - C I, Patricia ff, Crow, City Clerk for the City of Engl~, Colorado, hereby certify the above is a true ca;t'/ of Resolution No. 'l£, Seriu of 1990. W¾i·~~ Patr c ff, -3 - COUNCIL COMMUNICATION DATE December 17, 1990 INITIATED BY AGENDA ITEM 11 (C) Recreation Department SUBJECT Golf Course Entry Sign Lease Agreement STAFF SOURCE Jerrell Bl ack, Re creation Director ISSUE/ACTION PROPOSED Recommendation from the Re creati on Dep artment to a dopt a resolution approving the Golf Course Sign Lease Agreement between the Ci ty of Englewo od and Woody's Club and Riverside , PREVIOUS COUNCIL ACTION In September of 1990 Councll approved an agreement vli th Riverside provirtlng for a ten year lease for the operation of a 45 h ole miniature golf course and go-l<art fac111ty. In December of 1988 Counctl approved a five year concession a greement \\1th Woody's Club at the Englewood Golf Course . STAFF ANALYSIS The proposed 12' X 6 " X 8' pylon !llumlnated sign will help the ,1sual promotion and marketing of the Englewood Golf Course, Riverside Golf/G o-Kart Fa clllty , and Woody's Club Concession operations. BACKGROUND Th e City will purchase and 0 \\11 the sign and \\111 co lle ct lea se pa)~nents from Woody's Club and Riv ersi de . FINANCIAL The purchase price of the sign Is $9,235 .00 . Woody's Club and Riverside will each pay monthly payments of $71 . 75 t o the City of EnSJewood until the Initial cost of the sign has been recovered. At that time , a new agreement will be written to recover future malntenance and repair cost.