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HomeMy WebLinkAbout7581RESOLUTION NO. 7581 A RESOLUTION APPROVING A LEASE AND OPERATING AGREEMENT BETWEEN THE CITY OF PUEBLO AND Barbara Vaka AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO THATs SECTION 1: A certain Lease and Operating Agreement, a copy of which is attached hereto and made a part hereof by reference, after having been approved as to form by the City Attorney, by and between the City of Pueblo, a Municipal Corporation, as Lessor, and Barbara Vaka as Lessee, relating to a Lease for the operation of the concession facility located in the Pueblo Plaza Ice Arena, be and the same is hereby approved, subject to the conditions as set forth in said Lease and Operating Agreement. SECTION 2: The President of the City Council is hereby authorized to execute said Lease and Operating Agreement on behalf of the City of Pueblo. a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. INTRODUCED MARCH 27, 1995 B ys FAY KASTELIC Councilperson ATTEST: APPROVEDs ! / G� City Clerk President of the City Council PUEBLO PLAZA ICE ARENA LEASE AND OPERATING AGREEMENT CONCE S SION l R E S TA U RANT THIS LEASE made and entered into this 27th day of March between THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, hereinafter referred to as the "LESSOR" and Barbara J. Vaka hereinafter referred to as the "LESSEE ". WITNESSETH: That in consideration of the payment of rent hereinafter provided and the keeping and performance of the covenants and agreements of the Lessee, as hereinafter set forth, Lessor has and does hereby lease unto the Lessee, a certain area in the Pueblo Plaza Ice Arena located at 100 N. Grande Ave., Pueblo, Colorado (herein "ICE ARENA ") described in Exhibit A attached hereto and incorporated herein as if set out in full (herein "Property" or "Leased Premises ") for the sole purpose of conducting a concession /restaurant business therein and non - exclusive use by patrons of the lounge area shown on Exhibit "A" for a term of one (1) year from March 27, 1995 to March 27. 1996 . if not in default under this Lease, Lessee shall "have the option to extend the term of this Lease for a one (1) year period from March 27. 1996 to March 27. 1997 __ by giving to Lessor written notice of its exercise of such option on or before October 31. 1995 . The extended term shall be upon the same covenants and conditions except (a) there shall be no further option to extend this Lease, and (b) the rent during the extended term shall be negotiated at the time of renewal. If Lessee does not timely exercise its option to renew or if Lessee and City do not mutually agree upon the rent for the extended term, the option to renew shall terminate and be of no further force and effect. DEFINITIONS: DIRECTOR OF PARKS & RECREATION: Person in charge of the Ice Arena for the Lessor, his assistant or duly authorized agent. I. RIGHTS AND PRIVILEGES OF LESSEE A. Lessee shall engage in and conduct said Concession/ Restaurant business at and on the Property during the hours specified in paragraph III (J) for the convenience of patrons and tenants of the Ice Arena and the general public desiring such services at the Ice Arena; which right, without limiting the generality hereof, shall include: -1- B. The non - exclusive right, subject to necessary licensing, to serve food, soft drinks, and alcoholic beverages, and other items pertaining to the operation of a concession /restaurant, the right to sell ice cream products, candies, and similar items commonly offered for sale at a restaurant. Periodicals, gifts, souvenirs, post cards, tobacco products, gum and similar items shall not by sold or vended by Lessee. C. The non - exclusive right to prepare food on the Property and deliver, or cause to be delivered, to and for the purpose of consumption elsewhere. D. The right to use, operate, and maintain equipment owned by Lessor and shown in Exhibit C attached hereto and made a part hereof ( "Equipment "). E. The right to equip, install, and maintain on the Ice Arena, at Lessee's expense, signs advertising Lessee's business conducted on the property; provided however, that in all cases the number, site, location, general type and design, and the method of installation shall by subject to the prior approval of the Director of Parks & Recreation. This limitation shall apply to and include all signs, placards, posters, or other forms of identification or advertising media, installed, placed upon or affixed to the Property exclusively to Lessee hereunder. F. The right, subject to prior approval of the Director of Parks 8 Recreation, of plans and specifications, location and inspection of same; to make improvements, modifications, revisions and other alterations to the Property. Costs of such improvements, modifications, revisions and alterations shall be borne solely by Lessee, and all such improvements, modifications, revisions or alterations shall become and remain the property of the Lessor. II. RIGHTS AND PRIVILEGES OF LESSOR A. All rights not herein specifically granted to the Lessee are reserved to Lessor. B. Lessor also reserves the right to require Lessee to make any adjustments deemed necessary to improve the appearance of the Leased Premises or the quality of service rendered in connection with Lessee's operation. III. OBLIGATIONS OF LESSEE A. It shall be the obligation of Lessee to continuously operate and conduct the concession /restaurant business as herein set forth in a first class manner, and to maintain the Property at all times in a safe, clean, orderly and attractive condition. :WC B. Lessee, its officers, employees, agents or servants shall, at all times, comply with the Federal Pure Food and Drug Laws, Health Rules and Regulations and other applicable Laws and Regulations of the United States Government, and the state of Colorado and all applicable Ordinances, Codes and Regulations of the City of Pueblo, including the rules and regulations governing the operation of the Ice Arena. C. All food, beverages, confections and other items sold and kept for sale by Lessee shall be of high quality, wholesome and pure and the service shall be prompt, attractive, clean, efficient and courteous. Violation of any provision of this paragraph by Lessee, its officers, employees, agents or servants shall cause this Lease to be subject to cancellation by Lessor, if not corrected immediately upon written notice by the Director of Parks & Recreation. D. Except as otherwise specifically provided herein, Lessee shall pay all costs of operating the restaurant business and maintaining the Property, including without restriction because of enumeration, necessary personnel, all licenses, permits or other similar authorizations as required under Federal, State or Local Laws and Regulations, insofar as they are necessary to comply with the requirements of this Lease and the rights and privileges extended against its property, situated on, or within, the Leased Premises or otherwise within the confines of the Ice Arena. E. Lessee shall, at its sole expense, maintain and keep the Leased Premises, and all improvements thereon, including without limitation, the Equipment, Sewer and Water lines and connections, in good condition, appearance, and state of repair and provide all interior building maintenance and custodial service for the Leased Premises. It being expressly understood and agreed that Lessor shall not be responsible for any defect in the Leased Premises or improvements thereon or obligated to make any repair, except for exterior maintenance -and repairs to the exterior of the Property. If Lessee should fail to keep and maintain the Leased Premises or improvements thereon in such good order and repair as is reasonable required, Lessor may enter the Leased Premises, without such entering causing or constituting a termination of the Lease, or an interference with the possession of the Leased Premises by Lessee, and perform the necessary maintenance and /or restoration work to the Leased Premises to the condition required by the Lessor, the cost of which shall be borne solely by Lessee. All such costs shall be paid by Lessee to Lessor in addition to rents, within thirty (30) days after completion of the work. F. The Lessee shall, at its own expense, keep the Leased Premises neat, clean, safe and orderly at all times, free of waste, rubbish and debris, and shall provide a complete and proper arrangement for the sanitary handling and disposal of all trash, garbage, and other refuse resulting from its activities at the Ice Arena. All trash, garbage, and other refuse shall be out of view of the public. —3— G. Lessee's personnel shall be courteous, efficient, clean and neat in appearance, and shall be trained and qualified to perform any and all services to the public required or contemplated under the terms of this Lease. IV. V. H. I. J. Lessee shall at all times retain an active, qualified, experienced and competent manager to supervise the restaurant business who shall be authorized to represent, act for and on behalf of the Lessee. Lessee shall not employ any person or persons in or about the Leased Premises who shall use improper language, or act in a loud, boisterous, or otherwise improper manner. Lessee, except as may be otherwise provided in other contracts entered into with the Lessor, shall not engage in any business at the Ice Arena other than that which is expressly authorized herein. Lessee shall repair all damages to the Leased Premises caused by its officers, employees, invitees, agents or patrons or arising out of Lessee's operations thereon. Period of operation. 1. Except as herein set forth, the concession /restaurant shall be open during times when the ice arena is occupied by the public or special events. 2. The sale of alcoholic beverages shall be subject to Regulations as provided by the Statutes of the State of Colorado and Local Ordinances, Rules and Regulations, whichever may apply to the Premises under the Agreement. OBLIGATIONS OF LESSOR A. Lessor, at its cost, shall provide water, sewer and electrical services for the Leased Premises, unless conditions beyond the Lessor's control shall prevent Lessor from so supplying such water, sewer and electrical services. B. Lessor shall not be responsible for any damage to, or loss of property of Lessee, its officers, employees, agents, servants, patrons, or any other person or persons at the Ice Arena. RENTALS AND FEES A. Lessee agrees to pay to the Lessor rent for the original term of $1.00, for the use of the premises, facilities, concession rights and privileges. Rent for renewal term will be negotiated. X10 B. Lessee shall keep and maintain at the Leased Premises accurate and complete Books and Records of its Restaurant operation and Gross Receipts. Lessee shall permit the duly authorized representative of the lessor to examine Lessee's Books at any time during business hours. VI. The Lessee by accepting this Lease expressly agrees for itself, its successors and assigns that it will not make use of the Leased Premises in any manner which might interfere with any other activities conducted at the Ice Arena. In the event the aforesaid covenant is breached, the Lessor reserves the right to enter upon the Leased Premises and cause the abatement of such interference at the expense of the Lessee. VII. Lessor and Lessee understand and agree that the General Provisions consisting of Paragraph 1 though 11, attached hereto as Exhibit B are incorporated herein and shall be binding upon and inure to the benefit of Lessor and Lessee as if set out herein full. In the event of a conflict between the provisions of the General Provisions and this Lease, the provisions of this Lease shall control VIII. If Lessee defaults in the payment of rent or any part thereof or fails to perform or observe any of the conditions and covenants on its part to be performed or observed hereunder, and such default or failure shall continue for a period of ten (10) days after written notice thereof has been mailed to Lessee by first class mail addressed to Lessee at its last known address at Pueblo Plaza Ice Arena, then, in that event , and as often as same may happen, it shall be lawful for City, at its election, with or without notice, to terminate this Lease without prejudice to any claim for rent or for breach of covenants, or without being guilty of trespass or forcible entry or detainer. IX. Lessee agrees to pay to City all costs, including reasonable Attorney Fees, of any action brought by City to enforce the Lease or to recover rent or other money due and unpaid under the Lease or to recover possession of the Property, whether such action proceeds to judgement or not. X. No waiver of any breach of any one or more of the conditions or covenants of this Lease by City shall be deemed to imply or constitute a waiver of any succeeding or other breach hereunder. The acceptance of rent by City shall not constitute a waiver of any breach then existing. XI. If Lessee remains in possession of the Property after termination of the Lease without written agreement, such possession shall be deemed to be a tenancy from month to month upon the same covenants and conditions set forth herein and at a monthly rental equal to two times the average of the monthly rent payable hereunder for the prior twelve months. XII. In the event of a fire or other casualty in or to the Leased Premises, Lessee shall immediately give notice to Lessor. If the Leased Premises, through no fault or neglect of Lessee, its agents, employees or invitees, shall be damaged by fire or other casualty so as to render the Leased —5— Premises untenantable, and Lessor elects to repair the same, the rent herein shall abate thereafter until such time as the Leased Premises are made tenantable by Lessor. In the event the Leased Premises or the Ice Arena Building shall be damaged by fire or other casualty and Lessor shall decide not rebuild or repair (which decision Lessor may make in its sole discretion) then all rent owed up to the time of such damage shall be paid by Lessee and this Lease shall terminate. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of this day and year. DATED THIS 27th day of March 1995. A l 010 APPROVED AS TO FORM: City Attor e PUEBLO &4A MUNICIPAL CORPORATION B 4L�&& -- President of the City Council -6-