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HomeMy WebLinkAboutORDINANCE 12-100 0 ORDINANCE NO.12-10 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 May 15,2010 and ending December31,2010,and for two consecutive years thereafter. 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. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO,THIS I3’DAY OF y4pri I 2010. TOWN OF ESTES PARK,COLORADO By:________ Mayor ?cto rt.. ATTEST: Tk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the I3’day of ____________________, 2010,and published in a newspaper of general publication in the Town of Estes Park,Colorado on the I(O day of _______________, 2010. fl_çjpQ.p ToClerk 0 0 LEASE THIS LEASE,made and entered into this \3”date of A-’i I 2010 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 March 1,2010 through December31,2010,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,twelve (12%)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 1st day of December,during the term hereof beginning on March 1 2010, 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 8).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. 1 0 0 5.Not to alter the structural integrity of the building in any manner,except with the Lessor’s written consent. 6.To allow Lessor or its agents to have free access to the demised premises for the purposes of examining or inspecting the condition of the same or the operation of the Concession Stand. 7.To furnish to Lessor a written physical inventory of the equipment presently located in the demised premises.Lessee shall keep said inventory current by written notice to Lessor,whenever there are any additions to equipment.Each listing shall designate the ownership by either the Lions Club of Estes Park or The Town of Estes Park. 8.Lessee agrees to procure and maintain during the term of this Lease,the following insurance coverages: A.Comprehensive General Liability and Automobile Insurance of at least $150,000.00 per injury and $600,000.00 per occurrence. B.Liquor Liability Insurance for the sale of all alcoholic beverages sold by Lessee of at least $150,000.00 per injury and $600,000.00 per occurrence. C.The Lessee and the Lessor understand and agree that the Town is relying on,and does not intend to waive,by any provision of this Lease,the monetary limitations (presently $1 50,000.00 per injury and $600,000.00 per occurrence)or any other rights,immunities and protections provided by the Colorado Governmental Immunity Act 24-10-101 et seq.,C.R.S.,as from time to time amended or otherwise available to the Town or any of its officers,agents or employees. D.The Town shall be named as an additional insured on said policies. 9.It is agreed by the parties hereto: A.All items on the equipment list owned by the Lessor,all improvements, and all fixtures and equipment shall become the property of Lessor when permanently placed or affixed in the demised premises,and said improvements fixtures and equipment shall be insured at the Lessor’s expense. B.Lessee shall have the concession for the sale of all food and drink,for the Grandstand Area and for the blacktop in front on the Stanley Park Grandstand Area as described on Exhibit “A attached hereto and incorporated herein by reference during the term of this Lease.The Lessor specifically reserves the right to allow or license other concessionaires on the Stanley Park grounds other than the area specifically described on Exhibit “A”.Fundraising events conducted in the Grandstand area described in Exhibit “A”will be allowed and Lessee will be notified of event in advance. C.Lessee shall operate said Concession Stand at all events scheduled at the Stanley Park Grandstand Area,and when Lessor requests that the Concession Stand be operated for the other events at Stanley Park with 3 weeks notice.Lessor will provide the Lessee a schedule of events for the season at least three weeks prior to the start of the first event of the season.Changes that effect the operation of the Concession Stand or require the services of the Lessee will be presented to the Lessee and jointly the two parties will negotiate whether the Lessee can handle the situation or event.Lessee will contact each show manager or renter of the grounds a minimum of 3 weeks prior to show to determine hours of operation and discuss any other special needs.Lessee shall provide Lessor hours and needs discussed with show mana9er.For events that have 2 o 0 other food concessions,hours of operation can be negotiated with the Fairgrounds Director. D.Lessor will negotiate a beverage contract.Lessee will be required to work with beverage company selling and stocking only beverages provided by that company. If product is not available through said beverage supplier,Fairgrounds Director 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 andlor 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. G.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 Director.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 Attn:Fairgrounds Director P.0.Box 2016 P.0.Box 1967 Estes Park,Co 80517 Estes Park,CO 80517 12.At the time of the effective date of this Lease,March 1,2010,the Lessor was constructing the Grandstands including the Concession Stand.The right of the Lessee to occupy the leased premises and conduct its business shall be contingent upon the Town completing the construction of the Grandstand Project and the Concession Stand.Lessee understands and specifically agrees that possession of the leased premises may not occur until at least June 14, 2010 and may,in fact,not occur until substantially after said date.Lessor agrees to keep Lessee informed of the progress and the construction of the Grandstand Project and the Concession Stand.Lessee specifically waives any cause of action against the Town or any claim,damage or 3 C)C right arising out of the Towns inability to provide Lessee with access to and use of all or a portion of the demise premises during the term of this Lease Agreement.Lessee shall have no obligation under the terms and conditions of this Lease until Lessor grants to Lessee the right to access and occupy the leased premises.Said notice shall be in writing and signed by the Fairgrounds Director. 13.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. 14.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. 15.Lessor shall be responsible for payment of all utilities used on the premises. 16.Upon satisfactory review of each operating season,the parties agree to renew this Lease for 2011 and 2012 under the existing terms and conditions specified in the 2010 Lease. written. IN WITNESS WHEREOF,the parties have set their hands the day and year first above LESSOR TOWN of ESTES PARK,COLORADO By: LESSEE Mayor LIONS CLUB OF ESTES PARK,COLORADO ATrEST: Secretary By:fr President p ThQjn Clerk 4