HomeMy WebLinkAbout1988 Resolution No. 088I
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Uf.SOJ.IJ't'T ON NO . J1J
SF.RIES OF' 1988
A RF.SOLUTION APPROVING TH E GO L F COURS E RESTIIUHI\NT CO NCF.SSION A IRE
AGRE EMENT BF.TWE EN TIIE CIT Y OF ENGL EWOOD /IN D ANIJl-:RS ON-MAl LOY , INC .
\l!I ERCAS , And er son-Mall o y, In o . (Woody 's I l 1-1s bee n se l ec t e d
as Lile conce ssi onaire t o oper~te the c lub ho u s ~ 1·cRta ur ant at th e
Er.glcv,ocG Gc l f Ccu r se ;
:Jrl\/. THCREronE . BE IT RESOLVE D OY Tl!E CI TY (:Q UNCTL FOR TH E
CITY 0: ENGJ.E\'I OO D , CO L ORADO , /\S FOLLOWS:
Section 1 . The Agr?eme nt between t he City c f En g l e wood a nd
Ancter~on -~lal]oy , I nc . r estau r a nt/conc e ssi on serv i ce a t th e
F:nclewo od Golf Course ls hereby app r o ved. A. copy o f sai d
a9reeme nt is at t ac ~ed he r eto a nd i nc o r porated he r ei n by
r efer ence .
Src tio n 3 . The Ma yo r a n d the City Cle r k are h e r e b y
uutho ri ze<l t o sign a nd attes t t he Ag r eer,1e n t desc ri be d above fo r
and o n beha lf o f C ity Council and ~he Ci ty o f En g l ewood .
ADO PTED AND -~PPROVED the 12th d a y of Decembe r, 1 988.
At t~st :
:nt>,·, 6 1 r/ I~ H l r
Patric i a H. Cr ow , City Cl e r k
r , Pa t r icia H . Cr ow , Ci ty Cl e r k fo r t he City o f Englewo od,
Colcra do , hereby certify the above i s a tr ue copy o f Reso lutio n
No . }!J_, Seri es of 1988.
4 t;<, <t<• \if
r-~tric i a H . Cr o w
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TIII S AGREEMENT, hereinafter ca lled "Lease•, made and ente red
into this LLday of P« «~4 <--, 198L, by and between the CITY
OF ENGLEWO OD, a Co lor ado municipal corporation, here inafter
r e f erred to as ''Ci ty or Lessor'' and
a Col orado corporation,
he r ei naft e r rete rre d to as ''Concessiona ire o r Le s see'1 i
IHTNESSETU:
IOIEREAS , the City owns certain real property which is known
as the Englewo od Municipal Golf Course, hereiriafte r called "Golf
Cour se•, and l oc ated in the City of Sheridan; and
Wllf.REAS, the City and the Conc es sionaire desire to enter.
into a Concession Agr e ement f o r the management of the restaurant
and lounge located at th e Englewoo d Municipal Golf Course;
1m1,:, TlllmEFORE, for and in considerat ion of the mutual
covenants he r e inaf ter appearing and of the payment of the monies
he reinafter s et fo r t h, the parties hereto agree as follows:
Section 1. Statement of IPt e nt.
The purpose of this Agreement is to p rovide sn ack bar, grill and
bar services to the go lfing public and a quality, full-service
restauran t fac ility of fering breakfast, lunc h and dinner f o r
group mee tings, service clubs a nd informal evening dining.
Sec tion 2 . Grant .
The City he reby leases to Concession ai re the portion ~fits golf
c luhhout,t presently used ns its restuurant conc ession, together
wiLh the improvements t he r eon, l ocated at 2101 Nest Oxford
Avenue , She ridan, Colorado , (sec Exhibit ''A 11 ) for the purposes of
se rving f ood a nd be verages, including alcoholic beverages, and
f o r l ocating op tio nal ve ndin g mac hines t o be used in the
pu rveyance of food, snacks or so ft drink s , and Concessionaire
her e by l eases fr om the City the Premises and improvements
therein.
Sec tio n 3. Definitic n o f Premises.
The Premises as refe rre d to her-ain is defined to be the golf
c lubho u s e r estaurant and lounge which i s owned by the City of
Eng l ewood , Colorado . Gee Exhibi t"/\". Premises for proposed food
and beverage operations shall include the Golf Course fairways
and greens. Nothing herein gives Concessionaire any right to
interfere with or participate in the operation of the Golf Course
as a Golf Cours~, i.e. fairways and greens , Pro Shop and all
o ther Golf Course operations. Concessionaire shall have the
right to e nforc e all l i q uor l aws and regulations o n the remises.
Section 4. Inlti~l Te rm of Agreement.
Option: Th is Lease/Agreement shall not ,e effective until the
Conc essionaire has ob tained a liquor license to di•pens e
alcoho lic ·,everages pursuant to l2 -47-101 et. seq . CRS . F:.om the
date of signature until the liquor license is authorized by the
p r oper officials, this Agreem ent shall br, considered il n Option to
Lease that may not be terminated by either party, except that if
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the liquor license is not granted and in operation on or before
January 15, 1989, the City may terminate this Agreement. The
City hereby grants to concessionaire the right to hold the Leased
Premises pursuant to the terms of this Lease for an initial term
of five years and commencing on January l, 1989, the date of this
Lease (here:nafter called "ini.tial Lease t e rm"), and ending on
December 31, 1993, unless the term of the Lease is continued or
terminated as hereinafter provide d,
section 5 . option for Additional Term .
Concessionaire may extend this agreement for two additional two
year teI1J1s, provided however, that the City ahall have the right
to ir,crease the monthly rental or percent of gross sales or both
based on the Consumer Price Index or the average annual gross
revenues of Concessionaire for initial Lease term.
Concessionaire shall notify the City of intent to continue the
agreement for adcl.itional terms in writing no less than sixty (60)
days prior to expiration date of the current agreement or the
extended agreement and the City shall notify the Concessionaire
in wr i ting of any increase in rental or percent of gross sales no
later than fifteen (15) days after receiving written intent from
concessionaire to extend this agreement for an additional term.
Failure by the City and Concessionaire to mutually agree to
the amount of rental and/o• percentage of gross increase thirty
(30) days prior to the expiration of the date of the current
agreement shall constitute cause for termination of Lease as
provided for in Section 27 contained herein.
Secti o n 6. Use rf tl1e Premises.
Co nce ssio naire s h a ll have the rig ht of posse ss i o n of the
Go l f Co ur s e Clubh ouse for the pur po se o f serving fo o d and/or
be vera (Je s , in c l udi ng a l coholic be v e r age s, for consumption on the
Go lf Co ur s e. However, noti1ing in this Le ase 3hall be construed
to authorize that which is p rohibited under state or local law,
o r di n~n ce , c o de or r eg ul a tion. The Lea sed Premises shall be
used by Co nc e ssi o naire fo r the purveying of al coholic tc,erages
as tha same may be a uthorized by and regulat e d under the Colorado
tiqu o r Code , Section 1 2-47-101, et seq., C .R.&., and for the
np e r at ion of a res taurant . Concessionaire shall ope rate the
J,cascd Premises in a carefu l, s afe, quiet, orderly, and
l1us ine ssli ke ma nn e r . Concessionaire shall not use or permit the
premises t o be used for a ny purpose that is prohibited under the
laws of t he United States , s tatutes of the State of Colorado, or
o rdinances, re g ulatio ns o r codes of t he City of Englewood and the
City o f Sheridan.
Entertainment of any nature that Concessio naire proposes o n
the p remises shall be subject to prior approval by the Director
of Parks and Recr eat i on , which approval shall not be unreasonabl y
wit hheld . If the City dete r mine s any entertainment to be
object ionable, City sh all notify the Le s s ee in writing thereof
a nd the Lessee shall terminat e said entertainraent immediately .
Section 7. Exc).usive Right t o Use Premi ses.
City h ereby grants to Conce sE i onnirc che exc lu s ive right to use
t h e Leased Premises to operate a restau ran t o nd to purvey
alcohol lc be ve rage s. The City s hJll not opera t e any vending
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mac hin e at th e clubho u se or o n the premises that di s pen s es food,
s na c k s or bevera ge s without the expres~ approval of
Co n.c e ,:;s i o naire.
Se~tio 11 8 . Me nu.
~h e Conc ess i o na ire s hall provide an attractive menu f or
br e ak fast , l unch, and evening meals listing me al items, beverages
a vailnbl e a nd c 11rrP.n t pricing. Menu s , pricing and changes to
menus or pricing of menu items shall be reviewed and approved by
,he Director of Parks and Recreation.
Sec tion 9. Ho urs of Operat i on.
a) From l\pril 1st through September 30th of each year, the
Co ncessionaire shall operate the restaurant facility seven (7)
d a ys per week and during these months shall be open each day to
serve meals to the public at the hour of 7:00 a.m. and remain
open until at least 10:00 p.m .
b) During the r.1onths of October 1 through March 31 of each
yEar, t he Co nc es s ionaire shall operate the restaurant facility
s e v ,n ( 7) day s per week and during these months shall be open
each day to serve raeals to the public at the ;,o,,r of 9:00 a.m.
a nd r e main open until 1t least 8:00 p.m.
c) Sunday and Christmas Day, closing at 8:00 p.m. is
per~itted. Nothing herein shall be construed as prohibiting the
Concessionaire from being open for other hours in addition to
tho s e stated in paragraphs a and b above.
d) Conc es sion a ire agrees to cooperate with the Golf Pro and
Go lf Cour s e Ma nag e r in sch e duling golf me e tings a nd events that
invo lve use of the grill and dining room. In the event of any
<li s ~qrccment , the matter s ha ll be referred to the Direc ~or of
Parks and Jl ec rention for f inal decision.
e ) Co ncessionaire, wi t h the wri tten app r ov al o f the City
Mnn~ucr , raay t empo r a rily c l ose the res tau ra n t faci li t y for
c l c~11i 11g , constr ucti o n and mai n t e nance.
Ser.tion 10. Re11t.
a) Concessionaire s hall pay r ent to the City in accorda nce
wi th th e following schedule:
1) Effe c tive o n the date that Co nce ss i on aire begins
busi ness opera tion and until the date that a l iquor license is
i ssued and effective, the Co nce ss i onaire will pay l ease rent to
the City in an amount equ a l to ten per cent (10',4) of gross sales
(exc luding sal es tax ). Said rent sha ll be paid on the 10th day
of each mon t h for c~l cs made in the preceding montl,.
2) Commenc ing ,,n the fir s t day of the r,10 nth after the
liquo r l ice n se becomes et:ective, the Co ncessionaire s hall pay
r.i o nLh ly r e nt as fol1011s:
$1,000 per month for the mo nths of Nov e mber, December,
January, "c;,ru a.:y a nd March; and $2,800 per month for the
mo nths of April , Ma~, June, July, August, Septembe r and
October .
The aforesaid fixed rent payments shall be paid each month,
i n advance, on the first day o f each month or on the first Monday
of each month if the first day fal ls on Saturda y or Sunday.
A penalty fee of $10.00 per day o r part thereo f shall be
c h a r ge d for e a ch day or par t thereo f that the rent is past due,
until 12:0 0 midnight on t h e 14th day past due. If the rent
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payment i s no t r ece ived by midnight on the 14th day past due, the
Concessionaire shall be in violation of the terms of this
Agreera e nt, and subject to t e r mination .
h ) In addi tion l o the fixed monthly r e nt a l as s pecified in
t hi s Se ction , the Concessionaire shall pay an amount equal to lOl
o f all g r oss sa les in excess of $240,000 per calendar year,
payab l e on or be f ore Februa r y 1 st of eac h year. Gross sales
sha ll inc lurle a ny revenue der ived fr o m ca t ering services
or i g in a ting fr om the restaurant.
c l For purposes o f this Lea se only, the following shall be
e xcluded from gros s sa les: (a ) a ll sales t ax which is both
co ll ected by the Concessio naire and remitt ed by the
co nc essionaire to any government or governmental agency; and (b)
the amo unt of any r e funrl or c redit actua lly mad e or gic 2n by
co nces s ionaire for a s ale, the amount of which sale had been
incl uded by Co nce ss ionaire in Concessionaire's gro s s sales. For
purpose s of this Leas e , nnd except as provided above, "gross
sa l es " s hall mean (a) the gros s amount received by Concessionaire
from all sa l es made o n the Leased Premises, including sales made
f rom ve nding machines owned, leased o r ope rate d by
Concess i ona ire ; a nd (b) a ll charges rendered by Concessionaire
for services , o n th e Leased Pr em i ses , including services
rer f ormed o n or within the Golf Course; and (c) th e gross amount
received by co ncessionaire from any other source of income
derlved from the business conducted on the Leased Premi s es.
Along wit h t h e percentage payment, Concessionaire shall send to
Ci ty a statement which s hall set forth the gross sale s for the
ye ar and the authorized deductions, if any, therefrom.
d) When th e City meeting is a n official business meeting
wi th a meRl, there s ho ul d be no se t-up chR r ge; an o fficial City
;neP ting wi th o ut a meal s ha ll be c ha rged .:i set-up fee . If the
me e ting i s a n unofficial meeting, with o r without a me al, the
set-up fe e can be c h a rged .
For c larification, a n official meeting is a meeting called
to co nduct o ffic ial busi ness o f the City.
Se c tion 11. Utilities.
Ci ty s ha ll prov lde al l utility costs for o peration with the
c xceptior1 of r e Ftaura nt te l e ph o ne . Conc essionai r e s h a ll be
e ff i cient in th e u se o f utilities.
Sect i on 1 2 . Jan itorial Serv i ce and Trash Re moval.
Conc e ss i o n~ire ag r ees to p ay to the City one half (l/2) of the
cost of trash rem ova l and janitorial service in the club house
wit h in 15 days of bi ll ing from the City .
Section 13 . Pa rking Facilities.
a) The ex i s t i qg pa r k ing facili ty adjacent to the Restaurant
c o ncession (he r einafter cal l e d •parking f acility•) shall be open
f o r use by Co nc essionaire and i ts customers; sueh r~~h t of use of
the sa id parking fa c ilities s hal l be a non-exclusive right .
s hall nark t hre e parking spaces of the parking facility to
indica t e t hat they are reserved f o r use by Concessionaire .
b) City shall a t its own ex pense maintain the parking
f nci l ity , whic h sh all incl ude s now removal when ne ce s s ary.
City
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Section 14. Si gn s .
The City and t he Concessionaire shal l share equa lly in the cost
o f installation of a sign or signs at a l oca tion(s ) a nd
co nt .:d ni ng language that ·t s mut ua lly ,,greeable . 'l'he City shall
t here a(te r assume the ob ligation to m~intain said sign(s ) in good
co ndition and p ay all c ost of an y mair :tenance.
Sect i o n 15. Physical Facility and Eq uipment .
City ag r ees to provide space, fixtures, equipment and furniture
for an e quipped kitc he,, bar, lounge area, grill, snack bar and
two dining/me eting rooms. Concessionaire agrees not to move
ex isting pa rtitions or planters separating dining area and lounge
wi t hout the written permission of the Director of Parks and
Rec r eation.
~iection 16. Adclitiont1l Faci lities and Equipment.
C~ncessionaire shall have the right to install additional
facilities a nd equipment with the consent of the Director of
Parks and Recreation. Cost for same shall be by mutual agreement
of the parties.
Sect i o n 17. Maint e nan c e, Re pair , and Replac emen t.
a) The City shall be respo nsible for the cost of
m, inten anc e, repair s and replacement of the stove and oven, deep
fat fryer , sinks, cabinets, dishwa5 h .~ freezer, walk-in cooler,
bar refrigeration, and snack bar coo l er unl ess such cost is due
to ne~~igenc~ or other acts by Concessionaire or employees of
Conc ass ionaire.
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b) The Concessionaire sha ll be responniblc for repairs
nnd/n r replacement of light bul bs , furniture, small appliances ,
di s h<rn , gla s ses, si lverwar e , and other equipment a nd
mi sce llnneous cooking pots, pans, and utensils provided by the
Cit y.
Sec ti o n 18 . Sec uri t y.
Co ncess ionaire is r espons ible for the obtaining of theft
insura nce covering all food, liquor, and other supplies and
pe r Ro nnl property of Conce s sionaire . Such po l icies shal l contain
no rig ht of subrogation against City. Concessionaire shal l
provi de a copy of the policy to the Director ,f Parks and
Rec re a tio n .
Section 19 . Personnel .
a) Concessionaire shall a t its own expense e mploy such
qualified personnel as may be necessary for the concession
operation and sha ll require all personnel to be clean, polite,
and courteou s in their tran sac tions with the public .
Conccsnionaire s hall g ive pe r so nal supervision and direction to
the operatio n of th e co ncess i on and, whe n absent , keep competent
personnel in charge .
b ) City sha ll not be re s ponsible for the wages or salaries
of any employee or representative o f Concessionaire , nor for any
de bts, liabilities o r ot her o bligations of Conces9i o nair~.
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Section 20. Licenses ~nd Permits.
Co nc e ssio naire, at its ow n expense, shall secure any and all
lice n ses and pe rmits for food services and purveya nce of
a l c o h o lic and non-alcohol ic beverages . Concess ionaire ag~ees to
promp tly initiat e an a pplic a tion and ot-ta in a Hotel and
~estaurant Liquor Licens e pursuant to 12 -4 7-101 et seq.
Ccnccss ionaire shall r eimburse the Ci ty fo r all licens e fees it
has paid to She ridan a nd the State of Colorado .
s~c tio n 21. Co mpl :ance with State and City Health Co de s .
Concess i o nnire shal :. keep all concession areas in a clean and
sa nitary c o nditio n at all times and shall comply with all state,
c o unty and city health laws relating to the dispensing of food
and beverages.
Section 22. Assigning or Subletting.
Concession nire shall h ~·,e no right , authority or power tc sell,
•ncumber , assign or sub let this c v ntract or a ny pa~t thereof.
Sec tio n 2 3. Performance Bond.
Co ncessionaire agrees to funiish to City a performance bond in
the amount of Five Thousand Dollars ($5,000.00) guaranteeing
faitl1ful pe rformanc e by Co ncessionaire of a l l terms, covenants,
and co,.dl tions he rem c o ntai ned and compliance with applicable
City o rd i nance s . Said bond s hall be furnished as of the date of
exec utio n of this c o ntract.
Sec tion 24. Insurance/Indemnification.
a ) Co nce s sionaire s hall at Co ncessionaire's own expe n se
~ccp in full force and effect during the term of this Lease
statutory Workmen's Compensation coverage.
b ) Indemnificati o n. Conce sJ i o naire agrees to indemnify and
ho ld harmless the City of Englewoo d, its office rs, employees,
insl1re1 ·s , and self-insurance pool, from and against a l l
liaL_lity , c l n i~s , anJ demands, on account of injury, loss or
damage , of any kind whntsoevcr, which arise out of or are in any
manner connected with concts s ionnire, if s uch injury , l oss, or
rla~~qe is caused in whol e or in part by the act, o mission, or
other fa•ilt of concessionaire, or any officer or employee of
concess i o nai re. Concessionai re agrees to investigate, handle ,
respo nd to, and to provide defe nse for any such liab ility,
Gl aims , o r demands at the zole expense of concessionaire, and
ag rees to bear all other costs and expenses related thereto,
including court cost s and attorney fees, whethe r or not any such
liability, c laims, o r demands alleged are groundless , false , or
f ra udu lent .
c) Insurance
1. Concessionaire to procure and maintain, at its own
~ost, a policy or policies cf insurance sufficient to insure
a~ainst all obligations assumed by concession&ire pursuant to
thi s Agreement.
2. Concessionaire shall procure and continuously
maintain the minimum insurance coverages liste d below, with forms
and in s urRrs acceptable to the City of Eng lewood . In the case of
a ny c laim s -ma l e po licy, the necessary retroactive da t es and
extended reporting periods sh~ll he procured to maintain such
continuous coverage .
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(a) General liability and e rrors and omissions insurance
with minimum limit s of ONE HUNDRED FIFTY THOUSAND ($150,000)
pe r e a ch person and FOUR HUNDRED 'l'llOUS/1\D DOLLARS ($400,000)
pe r eac h occurrence, plus an additiona l ~mount s ufficient to
pay related at torneys ' fees and defense costs.
J. The JOlicies required in paragraph 24 (c) (2) (a)
dbo ve s hall be e ndorsed to include the City of Englewood and the
City o f Englewood's officers and employees as additional ~nsured.
Eve ry policy required above shall be primary insurance, and any
in s ur a nce carri e d by the City of Englewood, its officers, or its
em ploye e s , or carried by or provided through any self-insurance
poo l of the City of Engl~wood, shall be excess and not
cont r ibutory insura nce to that provided by Concessi,1naire.
4. The certificate of insurance provided by the City of
r.nglewood s~all be completed by the concessionaire's insurance
a g ent as evidence that policies providing the required coverages,
conditiJns, and minimum limi t s are in full force and effect, and
s hall be reviewed ancl approved by the City of Englewood prior to
conuaencement of the Agreement. No other form of certificate
shall be used. The certificate shall identify this Agreement and
shall provide that the coverages afforded under the policies
s,.,11 not be canceled , terminated or materially changed until at
l e ast JO days prior written notice has been given to the City of
Englewood. The completed certificate of insurance shall be sent
to:
City f-lan;iger
City of Englewood
3400 South Elati ~treet
Englewood , Colorado 80110
ft cert ifi e d c op y o f any policy shall be provided to t h e City of
Eng l e wood a~ its re quest.
5 . The part i es h ereto understand and ag r ee tha t the
par ti es are r.:lying o n, and do not waive or intend ta waive by
c111y t>rovis i on of this Ag~ee ra e nt, the mone t a ry limitations
(prese nt l y $1 50 ,000 pe r person a nd $400,0C0 per occ urr e nce ) or
a ny o the r riqht s, i r,imuni tie s, and protec tions. provi ded by the
Co l o r a do Governme ntal Ir.wun ity ftct , Sectio n 24 -10-101 et seq .,
C.R.S ., a s from time to time amended, or otherwi se available to
the pa r tie s , their officers , or their employees.
G. Li qucr Lega l Liat, qi ty In surance, s e tting out
$500,000 for injury o r death of a ny one person; $1,000,000 for
injuries or death occ urring as a result of any one accident;
$50,000 for pr ope rty damaq e ; a nd $500,000 for pro du cts liab i lity.
ft certificate ev idencing said insurance policy shall be kept
o n (ile with the Ci ty Clerk of City and s hall have a provision
t hat the same shall no t be a lte red, amended, or canceled without
fir s t giving wri tten notification thereof to the City thirty days
prior thereto. Co n ces s io na ire further agrees t o indemnify City
for a ny c l ai ms bro ught aga inst City b e cause or on a ccount of
Co 11cess i o naire 1 s operation .
7. Fire and Ex tended Coverage Insurance sha ll be
pro vided by City o n t he cl ub house bui lding, and e xtended
bu ildings included in Premises , o nl y. Conce ss ionai r e shall be
so l e ly respo~sib le f o r sec uring and payi ng for in su rance coverage
o n thos e improveme nt s and co nt ents belongin ~ to Concessionaire
l ocated in o r o n the Leased Pr emises . Concessionaire hereby
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exp re ss ly waives any Cc\u s c of acti o n o r ri<Jht of re co very whic ,
Co nccss .i.onaire may hereafter have ag ains t City for any l oss or
d~ra nqe to Leased Premises or to any contents or improveraents
th e r e t o belonqi ~g t o ei ther party, caused by fire o r explosion .
Scct i o 11 25. Fire o r N~tt1 r al Di sas ter s .
In the eve nt fire or natural disaste r r e nders the club house and
i t s c o ncessio n faciliti es inoperable , the Concessionaire shall be
relca s ~d from the terms of compens ation to be paid the City until
s uch time as t he club house and its concession facilities are
declar ed ope n ,nd operable by the City. If in the event such
~o ncess i o n fa c ilities are not op e n and operable within a period
o f one hu ndred twenty (120) days from the time of such disaster,
concessionaire has the right to terMinate its contract and Lease
with the City as pe r Section 27, Termination of Lease, contained
herein.
Sec tion 26. Tenant Records.
Co ncess ionaire shall maintain complete and accurate books and
r eco r~s of its business. Such books and rec ords shall show
Co nces s i o naire's gross sales, i ncluding procee ds from catering
reve nu es. At all times that Conces sionaire is open for business,
Concess ionaire shall have books, r eco rds and accounts, in~luding
all sa l es tax reports that Concessionaire furnishes to any
governme nt o r governmental agency available and open for
in s pect ion upon r e quest of City or City's auditor or authorized
r epr esentative .
Sect i o n 27. Termination of Lease.
") Th e Cit y r,1,1 ·1 termin,1te this Lease upon thirty (JO) days
writ tP.n notice due to breacr. or violation of any terms, covenants
or c o 11ditions of this Lease by Co11cessionaire .
b) If the Lessee i s in any violatio n of law or r eg ulation of
the United States of Americ a , 3 tate of Colorado , or City of
Shcrid~n , rclati11 g to at af(cc ting tlie Liquor License Operations
the Lessor s hall have the right to terminate this Agreement
imr,1edi<'lte ly.
c) Concessionaire may terminate this Lease pr ior to
expiration withoJt penalty upon ninety (90) days written notice
to the City by registered mail.
d ) The parties agree that l egitim~te comp l aints concern ing
unsatisfactory operation or service shall be sufficient reason
for termination of this Leas e provided t hat the City finds, after
inves tigRt ion, that the service or operation is not satisfactory
to the C'ty and the complaints are justified. The City shall
p r omptly not ify the Concessionaire of all legiti1.,ate complaints
and give re<'lsonable time for the Concessionaire to remedy the
situatio n.
Section 2C . De liver y and Re moval upon Termination.
Concessionaire wi ll deliver the premises at the termination of
this Leas e in as good condi tio n and state of repair as when
rrceived , except f o r o r dinary wear and tear or loss or damage
caused by an act of God. Upon termination, Concessionaircl shall
have the right to remove any supplies or personal property
belonging to or installed by the operator, subject , however, to
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an y valid lien or claim which City may have for unpaid fees.
Provide d also that if said r e mo val causes any damage to the
?temi ses , said Concess i o na l ·~ wil l repair the same in a proper
a nd sat i sfa ctory ma nn e r at its o wn expense.
All Liquor Li cen s es, shall be transfer red to the City of
En g l ewoo d. At no time shall Co ncessionaire terminate, alter or
su rrender the Liquor License without approval of the City of
Eng l e woo d. Th e Concessionaire shall be subject to injunction to
pr e vPnt surrender or injury tu the liquor license . Upon
termi nation, the attached Powe r of Attorney shall be operative
and s hall a llow t he City to operate the establishment pursuant to
law. In the even t the liquor license is transferred to the City
o f Englewood, the City sha l l pay the Concessionaire $2 500 .00 less
a~y o[fsets allowed by the prior provisions of this Agreement .
fec tio n 29. notices .
All notic e s, demands and communications hereunder shall be
persona ll y serve d or given by certified or registered mail , and:
A. I f intended fo r Lessor s hall be a ddressed to Lessor at :
wit h a copy to:
City of Englewood
Attention: City Manage r
3400 So uth Elati St .
Englewood, CO 80110
City of Englewood
Attention: City Attorney
3400 South Elati St.
Englewood, CO 8011 0
D. I f intended for Less ee shall be addressed to Le ssee at:
with a copy to:
llnderso n Malloy
Attention: Greg /\n de rson
2101 West Oxford /\venue
Englewood, CO 80110
Dill and Dill,
II Partnership of Attorneys
Attention: Daniel N. Carr
700 East Speer Doulevard
Denver, CO 80203
C . Any notice given by raail s h all be deemed dP.livered wh e n
deposited in a United States gene r a l or branch post office,
arldressed as a ~ove , with postage p r epa id, or when served
persona lly at the applica~le address.
SP.ction 30. Entire Agreement .
This Lease, together with t he exhibits attached hereto:
II . Contains the e ntire agreemen t between the parties; and
B. Sha ll be governed by the laws of the State of Colorado.
Section 31. Severability.
If any clause of provision of this Lease is illega l, invalid or
unenfo rceable under present or future l aws e f fect i ve during the
term of this Lease, then a nd i n that e vent , it is the intention
o f the parties hereto that ci~ remainder of this Lease sha ll not
be affec~ed thereby. It i s also tl .e intention of the parties to
this Lease that in lieu of each clause or pr ovis ion of this Lease
that is il l egal, invalid or un enforceable, the re be added as a
part of tl1is Lease a c lause or p r ovision as similar in terms to
suc h illegal, invalid or unenforceable clause or provision as may
be possib l e and be legal , va li d and enforceable.
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Sect i o n 32 . Captio n s .
The c apti o n o f each Gection is added as a matter of convenience
cn l y ,1ncl s hall not be c ,nsidereci in the con structio n of any
p r o v i s i o n o r provisions of this Lease .
Sect i o n 33 . Dindinq Eff e ct.
All terms , con ditio n s a nd covenants to be ob serve d and performed
b y the part ie s hereto shall be applicable to and binding upon
the ir re s pect i ve heirs, admini s tr ators , executors , succe~.sors and
ass igns.
IN \'IITNESS WHEREOF , the parties hereto have hereunto set
the ir hand s and seals as of the d a y a n d year first above written.
/J.,,;../t'~o ,J ·/1,'f,,.J/,J • -:j:.,.1 L...
// C <,/ u "'"-' J u (}uf'-f"'·'"" 1-i,,.,
Ul\'REVCCIIDLE PO,/ER OF AITORNEY
<:oncessiwair e here by give& to the City of 1:ngl e.ood the author ity to
operat e a l,iquor r,icense at 2101 West Oxford Avenue, Engle,.,ood, Colorado ,
pursuant to law . T:1e City of EngJ,,wood has the authority to transfer the
license to its elf or .1 third pcrso 1 of the Ci ty 's choosing . This Power of
Attorney s hall '"' oper,1t i ve only i.( the le,1se with Cngle,,.ood and att ached
hereto i s terminated. '!'he City s hall prcr-ptly make application for trans fer.
City sh.:111 a lso have fu ll liability for its actions frc.,1 effective date of the
Pa ,1er o f Attorney.
T:ic e ffective date o f this Power of Attorney is the date of t e rmination
o f the lease.
At no tirne befor e o r after exerci se of this PCll><!r may it be revoked by
Concessionaire. At no time shall Concessionaire surre nder the Liquor License
fo r the premises at 210 1 \"lest Oxford Avenue, Eng l e.ood, Colorado.
C.'OMCF.SSICU\IRE
Date: /::Ji -7-f.38 ---~-----
State of Co l o rado
County of
ss.
Subscribed and sworn to before rre
My Ccmni ssi on expires:
q,,✓ ( 7 , /'r?c?
/\CCEP'!'AllCE
~~~
Date : /4;1. I..,..,_ 'IB 8
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this<2:7 day of ~• 198.,f.
< t.«;<l , ,XJ. Cte:,:,r
llotary of Public
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