HomeMy WebLinkAboutORDINANCE 08-130
ORDINANCE NO.08-13
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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,
determined that it is appropriate to enter into a lease agreement with the
Estes Park for the concession stand at the Fairgrounds at Stanley Park.
Colorado has
Lions Club of
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,Exhibit A,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 x---DAY OF
_______________
2013.I
A’
cjZi_Q C
TS1 Clerk
I hereby certify that the above ordinance was introduced and read at a meeting of the
Board of Trustees on the %day of ,2013,and
published in a newspaper of general publication in the Town ‘of Estes Park,Colorado on
the :3\ST dayof \..&çg 2013.
-
T Clerk
0 C)
LEASE
THIS LEASE,made and entered into this 64’ate of -kt,.-q 2013,between the TOWN OF
ESTES PARK,municipal corporation,hereinafter referred to as Wssor,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 attached and made a part hereof —The bordered areas on the attached Exhibit
A,including the grandstand area and the hardsurface area south of the grandstand,are for the
exclusive use of the Lessee as a food and beverage area and shall be referred to as the
“Concession Are&.
TO HAVE AND TO HOLD,the above described premises with the appurtenances,unto Lessee from June
1,2013 through June 30,2014,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 percent (10%)of the gross sales from the
operation of Concession Area for events scheduled at Stanley Park Fairgrounds by the Town of Estes
Park through the Estes Park Fairgrounds Director.“Season”shall be defined as June 1,2013 and ending
September15,2013.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 Area for such events,less sales tax,
sales tax license fee,event liquor license fees,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 attributable to such events.Said rent shall be due and payable to the Estes Park
Fairgrounds Director on or before the l’day of December,during the term hereof.
2.To keep complete and accurate records of Lessee’s operation of the Concession Area
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,except Lessor will be liable for all damage which occurs as a result of frozen and/or
burst water pipes.Lessor shall be liable for repairs and maintenance of all other equipment 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.
All improvement inside the Concession Area 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...)
A.Prior to the first event of the Season,Lessor and Lessee will perform a joint
walkthrough of the building within the Concession Area in which Lessee’s equipment
resides (“Concession Stand”).Such walkthrough will occur within seven days of
notice provided by Lessee to Lessor.Following the last event of the Season,the
Lessee has the right to winterize the Lions Club equipment as noted in Exhibit B
(Paragraph 7).Lessor acknowledges that winterization may make such equipment
unusable.Following such winterization,Lessor and Lessee will perform a joint
walkthrough of the Concession Stand.Such walkthrough will occur within seven
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days of notice provided by Lessee to Lessor and within five business days of any 3rd
party use of the Concession Stand.
4.To keep the Concession Stand and adjacent table areas safe and clean and in such
order as may be required by the regulations of any governmental authority having jurisdiction over the
area identified in Exhibit A.This will include the picnic tables and surrounding area.Lessor
acknowledges and agrees that Lessee shall have no liability for the safety and cleanliness of areas and
equipment used by 3rd party vendors which are not under a 3rd party agreement with Lessee.Lessee
shall place all trash and recycle from Concession Stand in rolloff container or recycle area provided by
Lessor.
S.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 Concession Stand and adjacent
storage areas 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
Concession Stand (Exhibit B attached and made a part hereof).Lessee shall keep said inventory current
by written notice to Lessor,whenever there are any additions to equipment.
A.Third-party use of the Concession Stand,including Lessee’s equipment noted on
Exhibit B hereof,is subject to written permission of Lessee at Lessee’s sole
discretion.Requests for 3rd party use of the Concession Stand must be
presented in writing to Lessee no less than three weeks prior to such requested
use.
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
$350,000.00 per injury and $990,000.00 per occurrence.
B.Liquor Liability Insurance for the sale of all alcoholic beverages sold by
Lessee of at least $350,000.00 per injury and $990,000.00 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 $350000.00 per injury and $990,000.00 per occurrence)or
any other rights,immunities and protections provided by the Colorado
Governmental Immunity Act 24-10-1 01 et seq.,CR5.,as from time to time
amended or otherwise available to the Town or any of its officers,agents or
employees.
0.The Town shall be named as an additional insured on said policies.
9.It is agreed by the parties hereto:
A.All equipment owned by the Lessor,all improvements,and all fixtures and
equipment shall become the property of Lessor when permanently placed or
affixed in the Concession Area,and said improvements fixtures and equipment
shall be insured at the Lessor’s expense.
B.Lessee shall have the exclusive concession for the sale of all food and drink for
the Concession Area and for the hard surface area to the south of the
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grandstand,as described on Exhibit NA”,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
C.Lessee shall operate said Concession Stand at events scheduled at the
Fairgrounds at Stanley Park as requested by Lessor.Lessor will provide
Lessee a schedule of events for the Season at least three weeks prior to the
start of the first event of the Season.(A preliminary schedule of events shall be
given to Lessor by April ii.Changes to the scheduled dates of previously
scheduled events under this paragraph that effect the operation of the
Concession Area or require the services of the Lessee will be presented to
the Lessee three weeks prior to event.Lessee will contact each event manager
or renter of the grounds a minimum of three weeks prior to event or within three
business days of receiving notice of a change,whichever is less,to determine
hours of operation and discuss any other special needs.Lessee shall
provide Lessor hours and needs discussed with event manager.For events that
have additional food concessions,hours of operation can be negotiated with the
Fairgrounds Director.
D.Lessor agrees that any arrangement it may enter into with Coke,Pepsi or any
other non-alcoholic beverage vendor will provide for vendor delivery to the
Concession Stand of any order of at least 10 cases of product.Lessor shall
negotiate all non alcoholic beverage agreements unless agreed upon by both
parties in writing.
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
Concession Area,either party shall have the option to request that this Lease be
renegotiated.
G.Lessee may operate the Concession Stand as an offaite catering kitchen and
shall pay Lessor 5%(five percent)of Gross Sales (as defined in Paragraph 1).
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
Ailn:Fairgrounds Director P.0.Box 2016
P.0.Box 1967 Estes Park,CO 80517
Estes Park,CO 80517
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12.Lessee shall have the right to rent,sublease or grant concessions (food and beverage
only)to any third party for all or a portion of the Concession Area with the prior written consent of the
Lessor.Such consent shall not be unreasonably withheld and Lessor shall reply to Lessees request
within three business days.Any funds collected by Lessee in regards to this paragraph shall be included
in the rent calculation specified in Paragraph 1.
13.Lessee shall have the right to have two storage units on Fairgrounds property.Each unit
shall be in area approved by Fairgrounds Director and shall be no larger than 10 x12.Maintenance of
each unit shall be responsibility of Lessee.Storage units shall be finished in a manner that meets the
design criteria set forth in the Stanley Park Master Plan.
14.Upon termination of this Lease,Lessee shall be entitled to remove all of its personal
property from the Concession Stand.Lessee will be responsible for repairing any damage to Lessor’s
personal property caused by removal of Lessee’s personal property.
15.This Lease may be terminated by either party with 90 days written notice.
16.All other leases between Lessor and Lessee executed prior to the date of execution of
this Lease shall be null and void effective June 1,2013.
IN WITNESS WHEREOF,the parties have set their hands the day and year first above written.
LESSOR
wn Clerk
LESSEE
Pre ident
TOWN
ATTEST:
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