HomeMy WebLinkAboutORDINANCE 14-08WHEREAS,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 Estes Park
LLC for consecutive one year terms beginning October 1,2008 for the outdoor seating
area adjacent to the El Centro Complex,210 E.Elkhorn Avenue,pursuant to the terms
of the Lease Agreement set forth on Exhibit A.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO:
Section 1.The Lease Agreement is approved.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO,THIS 94-k DAY OF 5efteMlYe/
2008.
I hereby certify that the above ordinance was introduced and
Board of Trustees on the Q4 day of
_____________________
published in a newspaper of general publication in the Town of
the
________
day of Seo feetb.il ,2008.
Tow4elerk 12epj -f1
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ORDINANCE NO.14-08
AN ORDINANCE APPROVING A LEASE AGREEMENT FOR THE OUTDOOR
SEATING AREA AT EL CENTRO COMPLEX —210 E.ELKHORN AVENUE
TOWN OF ESTES PARK,COLORADO
TOWN OF
By:
Mayor
read at a meeting of the
2008,and
Estes Park,Colorado on
0
LEASE
THIS LEASE,made and entered into this day of ,2008,by and
between the TOWN 01?ESTES PARK,COLORADO,a Municipal Corporation,hereinafter
referred to as (“Landlord”)and Estes Park,LLC.,hereinafter referred to as (“Tenant”),and is
upon die following terms and conditions,to wit:
Landlord in consideration of the covenants,hereinafter set forth to be paid and
performed by Tenant,does hereby lease unto Tenant property located in Latimer County,
Colorado,legally described as follow:
A tract of land located in the NE ¼of Section 25,T5N,
P33W of the 6”P.M.,Larimer County,Colorado,being
more particularly described as commencing at the Northeast
corner of Lot 6,Block 4 according to the 2nd Amended Plat
of the Town of Estes Park,Colorado and with all beatings
contained herein being relative to the East line of said Lot 6
considered as bearing S 17°14’39”E;thence S 17°14’39”E
a distance of 148.20 feet along said East line to die TRUE
POINT OF BEGINNING:
thence S27°45’21”Wa distance of 16.20 feet;
thence 562°14”39”E a distance of 16.20 feet;
thence Ni?°14’39”Wa distance of 22.91 feet
to the TRUE POINT OF BEGINNING.
To have and to hold the above described premises for consecutive one (1)year terms
commencing on October 1,2008 and continuing thereon until September 30,2009.Tenant
agrees to pay as rental therefore the sum of One Dollar ($1.00)per year,said sum shall be due
and payable at the commencement of this Lease.
Tenant promises that the premises are also leased upon the further covenant of tenant,
to wit:
1.To maintain liability insurance upon die premises in the amount of $150,000 per
incident and $600,000 per occurrence during the term of this Lease.Landlord shall he named
as an additional insured on said policy and Tenant shall provide to Landlord a Certificate of
Insurance on or before October 1 of each year showing said insurance for the upcoming
yearly period.
2.To pay rent for premises as hereinafter provided promptly when due and payable
and pay aH utility sen’ices to die premises.
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3.To maintain said premises and keep same in good repair and at the expiration of
this Lease,to surrender up said premises in as good order and condition as when the same are
entered upon,less ordinary wear and tear expected.
4.To keep the premises clean and orderly and to obey all ordinances,regulations
and statutes.
5.To keep the premises free and clear of ice,snow,and debris.
6.To be responsible for and to pay for the remedying of any and all damage done
to the premise of whatsoever nature.In the event the premises are not left in a clean and
orderly condition or damage has occurred,the expense of cleaning and/or repair or damage
shall be that of Tenant.
7.To use the premises only for the sen-ice of food and beverage including any
liquor,beer,vine,or any other alcoholic beverage so long as said premises have been duly
licensed for the sen-ice of said alcoholic beverages.
8.In the event that alcoholic beverages are sen-ed on the premises,to operate the
premises in accordance with all the provisions of the Colorado Liquor Code and the rules and
regulations promulgated thereunder.
9.To the fullest extend permitted by law,the Tenant agrees to indemnify and hold
harmless,the Town,its officers,agents,self-insurance pool and employees,from and against all
liability,claims,and demands,on the account of any injury,loss,or damage,which arises out of
or is connected with the leasing of the premises by Tenant,if such injun’,loss,or damage,or
any portion thereof,is caused by,or claimed to be caused by,the act,omission,or other fault
of the Tenant,or any officer,employee,customer or guest of the Tenant,or any other person
for whom the Tenant is responsible.This indemnity shall include,but is not limited to all costs
and expenses including court costs and reasonable attorney’s fees incurred by Landlord in the
investigation and/or defense of any injun,loss,or damage subject to the terms and conditions
of this paragraph.
IT IS MUTUALLY COVENANTED .\ND AGREED:
I No assent,expressed or implied,to any breach of any one or more of the
covenant herein shall be deemed to be taken as a waiver of any proceeding or other breach.
2.It is further mutually understood and agreed that should Tenant fail or refuse to
pay the rental when the same becomes due or fail to perform any covenant herein agreed upon,
then Landlord may,without being obligated to do so,terminate this Lease upon giving ten (10)
days written notice to Tenant specifying said default,and if at the end of said ten (10)day
period,Tenant is still in default,die Lease shall terminate and Landlord shall be entitled to
immediate possession of die premises and to being an action as may otherwise be authorized by
law to collect any amounts due from Tenant.
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3.In the event Tenant abandons or vacates the premises before the expiration of
the term of this Lease,Landlord may without obligaon to do so,declare this Lease forfeited
forthwith and may remove from the premises any and all personal property’left behind by
Tenant.
4.In the event of default by either party,the non-defaulting party shall be entitled
to all reasonable attorney’s fees and court costs incurred by reason of said default,including all
reasonable attorney’s fees and court costs incurred in regaining possession of the premises.
5.This Lease shall automatically renew for additional one (1)year periods unless
either party should give the other party written notice on or before September 1 of any year
that said party intends to terminate the Lease at the end of said Lease term.In event of said
notice,this Lease shall terminate on September 30th in the year of said notice.Any renewal of
this Lease shall be on the same terms and conditions of this Lease.
6.This Lease contains the entire agreement between the parties and may not be
amended unless said amendment is in writing and executed by both parties hereto.
7.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:
Town of Estes Park
Attn.:Town Administrator
P.O.Box 1200
Estes Park,Colorado 80517
Estes Park,LLC..cD.Q,c-L ±Cto1(n..LL-u-93c6
-
written.
IN WITNESS WHEREOF,this Lease has been signed the day and year first above
AITEST:
Te1Jneerk-
ESTES PARK.,IJL