HomeMy WebLinkAboutORDINANCE 14-11/
ORDINANCE NO.14-11
AN ORDINANCE APPROVING A LEASE AGREEMENT FOR THE CONCESSION
STAND AT THE FAIRGROUNDS AT STANLEY PARK
TOWN OF ESTES PARK,COLORADO
WHEREAS,the Board of Trustees of the Town of Estes Park,Colorado has
determined that it is appropriate to enter into a lease agreement with the Lions Club of
Estes Park for the concession stand at the Fairgrounds at Stanley Park beginning April
26,2011 and ending December31,2012.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO,as follows:
1.The Lease Agreement for the Concession Stand at the Fairgrounds at
Stanley Park between the Town of Estes Park and the Lions Club of Estes
Park,a copy of which is attached hereto and incorporated herein by this
reference,is hereby approved.The officials of the Town of Estes Park are
hereby authorized to execute the Lease.
2.In the opinion of the Board of Trustees there is an immediate need to
execute the Lease by April 30,2011,and therefore an emergency exists.
This ordinance shall take effect and be enforced immediately after its
passage,adoption and signature of the Mayor.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO,THIS O DAY OF P9QSC
2011
introduced and read at a meeting of the
_____________________
2011,and
in the Town of Estes Park,Colorado on
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TOWN
Mayor
a—St
t,wn Clerk
I hereby certify that the above ordinance was
Board of Trustees on the S.day of
published in a newspaper of general publication
the day of
_____________,2011.
C a
LEASE
THIS LEASE,made and entered into this Co’date of c.,2011,between the TOWN
OF ESTES PARK,municipal corporation,hereinafter referred to as Lessor,and the LIONS CLUB
OF ESTES PARK,COLORADO,a Colorado Nonprofit Corporation,hereinafter referred to as
Lessee.
WITNESSETH:
Lessor,for and in consideration of the covenants and agreements hereinafter set forth,to be kept
and performed by Lessee,has leased and does hereby lease unto Lessee all those premises,
situate in the Town of Estes Park,County of Larimer,State of Colorado,known and described as
follows to-wit:
SEE EXHIBIT A —The bordered areas on the attached exhibit are
for the exclusive use of the Lessee as a food and
beverage area (ihe Concession Stand”)
TO HAVE AND TO HOLD,the above described premises with the appurtenances,unto Lessee
from April 26,2011 through December 31,2011,and Lessee in consideration of the leasing of
said premises aforesaid by Lessor to Lessee,covenants and agrees with Lessor as follows:
1.To pay to Lessor,as rent for said premises,ten (10%)of the gross sales from the
operation of Concession Stand.For the purposes of this Lease,gross sales shall be the total
amount of funds realized from all sales of food and beverages from the Concession Stand,less
sales tax,sales tax license fee,food license fee,liquor liability insurance and an amount equal to
the annual license fees paid to the Town of Estes Park and the State of Colorado for the 3.2%
beer license.Said rent shall be due and payable to the Estes Park Fairgrounds Director on or
before the jSI day of December,during the term hereof beginning on April 26,2011.
2.To keep complete and accurate records of Lessee’s operation of the Concession
Stand and make them available to the Town of Estes Park upon request.In addition,a table of
calculations shall be submitted showing the amount due the Town of Estes Park.A schedule
showing gross sales for each event shall also be presented with the lease payment.
3.To be liable for repairs and maintenance of all items identified as property of the
Lions Club of Estes Park as set forth in the inventory list (Exhibit B).The Lessor shall be liable
for repairs and maintenance of all other equipment on the inventory list identified as property of
the Town of Estes Park.In addition,the Lessor agrees to pay for maintenance of the interior and
exterior of the building in accordance with structural codes and health standards.
For general maintenance,i.e.painting and minor improvements,the Lessor will pay for the
materials and the Lessee will provide manpower.All improvement inside and outside Concession
Stand shall be approved by Fairgrounds Management.(This includes but is not limited to
permanently mounted items,painting,removal of permanently mounted items,general
maintenance,etc.)
4.To keep the Concession Stand and table areas safe and clean and in such order
as may be required by the regulations of any governmental authority.This will include the picnic
tables and surrounding area.Lessee shall place all trash and recycle from Concession Stand in
rolloff container or recycle area provided by Lessor.
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other food concessions,hours of operation can be negotiated with the Fairgrounds
Director.
0.Lessor will negotiate a beverage contract.Lessee will be required to work
with a beverage company selling and stocking only beverages provided by that company.
If product is not available through said beverage supplier Fairgrounds Manager will be
notified and authorization to purchase from other supplier may be granted.
E.In the event of a default by either party in the terms and conditions
hereof,the non-defaulting party shall give the defaulting party ten (10)days notice in
writing of said default.If said default is not cured within said ten (10)day period,the non-
defaulting party shall be entitled to begin legal proceedings,including an action for
specific performance and/or damages or terminate the Lease.Damages shall include all
reasonable attorney’s fees and court costs incurred by the non-defaulting party.
F.In the event that changes occur which materially affect the operation of
the demised premises,either party shall have the option to request that this Lease be
renegotiated.
0.Lessee may operate the Concession Stand other than at events
scheduled at Stanley Park Fairgrounds by the Town of Estes Park through the Estes
Park Fairgrounds Manager.Lessee will pay the Town as rent for the events covered by
this specific paragraph five percent (5%)of the gross sales from the operation of this
Concession Stand during these events.For the purpose of this specific paragraph only,
gross sales shall be defined to mean the total amount of funds realized from all sales of
food and beverage from the Concession Stand exclusive of sales taxes.
10.Lessee understands and agrees that it is an independent contractor under the
terms and conditions of this agreement.As such,the Lessee is not entitled to unemployment or
insurance benefits through the Town.Also,the Lessee understands and agrees that it is solely
responsible for all Federal and State income tax,FICA taxes and unemployment insurance taxes.
Lessee also understands and agrees that it is responsible for worker’s compensation coverage
and taxes for itself and any employee.
11.All notices,demands or other documents required or desired to be given,made
or sent to either party,under this Agreement shall be in writing,shall be deemed effective upon
mailing or personal delivery.If mailed,said notice shall be mailed,postage prepaid as follows:
LESSOR LESSEE
Town of Estes Park Lions Club of Estes Park,CO
AIIm:Fairgrounds Director P.0.Box 2016
P.O.Box 1967 Estes Park,CO 80517
Estes Park,CO 80517
12.Lessee shall not have the right to rent,sublease or grant concessions to any third
party for all or a portion of the demised premises without the expressed written consent of the
Lessor.
13.Upon termination of this Lease,Lessee shall be entitled to remove all of its
personal property from the Concession Stand if the same can be removed without damage to
Lessor’s property.
14.Term of contract shall be from April 26,2011 —December31,2011.
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