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Home My WebLink About870369.tiff RESOLUTION i:i : APPROVE LEASE AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND SERVICE AMERICA CORPORATION FOR THE CENTENNIAL DELICATESSEN AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County , Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter , is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a Lease Agreement between Weld County and Serv:.ce America Corporation has been presented to the Board, and WHEREAS, said Agreement concerns the operation of 1:he restaurant facility located on the second floor of the Weld County Centennial Center, commonly known as the Centennial Delicatessen, and WHEREAS, after review, the Board deems it appropriate to approve said Lease Agreement, with the terms and conditions being as stated in the Agreement, a 'copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County ent Commissioners of Weld Colorado, and S erviceAmerica Corporation be , drvice that m between Weld County, and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said Lease Agreement. • • h � P R coo3 i t fll ll1� 9 1-..1,;.o L FE: LEASE AGREEMENT - SERVICE AMERICA CORP. The above and foregoing Resolution was, on motion duly mc;c E ' and seconded , adopted by the following vote on the 13th day c,` May, A.D. ► 1987. BOARD OF COUNTY COMMISSIONERS el(1.0% WELD COU OLORADO RTTEST,1 Weld County Clerk and Recorder __asrman and Clerk to the Board o C o C. K y, P -Tem __-B'f�y C e r c D putt' County ne R. ntner APPROVED AS TO FORM: . "---------.---) - ----) — . ne Jo yj Pn 457 xt for a/-4"4I anty At a ' que P-c3E9 a. E E I k LEASE AGREEMENT THIS AGREEMENT, made and entered into on the 13th day of May, 1987 , by and between THE COUNTY OF WELD AND STATE OF COLORADO, hereinafter referred to as "County" , as Lessor, and SERVICE AMERICA CORPORATION, hereinafter referred to as "Operator" , as Lessee, witnesseth: 1 . County leases to Operator the restaurant facilit_es located behind the counter but not including the dining area, indicated by the area enclosed in red on the attached Exhibit "A" , on the second floor of -:.".e Weld County Centennial Center located at 915 l')t^ Street , Greeley, Colorado, 80631 from June 1 , 1?8" until December 31, 1988 . 2. The restaurant facilities covered by this Lease "CENTENNIAL��1�. Agreement shall be known as the DELICATESSEN" . 3. It is agreed by and between the parties to this Lease Agreement, that County awns all of the permanent fixtures and equipment located on the premises covered by this Lease Agreement at the time that this Lease Agreement is executed by both parties. An inventory of property craned by County has been prepared by County and is attached hereto, incorporated herein by reference, and marked as Exhibit "H". Additions or 870369 • fit this inyf.rtU -y sb,31L be made thc. term of this Leas' Agreement so as to propez : , reflect thr2 ownership of all the personal property iA permanent fixtures used in the operation of the CENTENNIAL DELICATESSEN. The County shall provide the equipment on Exhibit "B" , and the operator sh.I:l provide any additional equipment and supplies which are necessary for the operation of the premises. 4 . Operator shall furnish all necessary foods, supplies, paper products, and cleaning supplies used in the operation of the CENTENNIAL DELICATESSEN. 5. Operator shall fully comply with all federal, state, and local rules and regulations which may be applicable to the work performed by the Operator in the operation of the CENTENNIAL DELICATESSEN. 6 . Operator shall maintain business hours commencing at 7:00 o'clock a.m. and ending at 4:00 o' clock p.m. on each day that the Weld County Centennial Center is open for the transaction of business. 7. Operator shall keep the premises covered by this Lease Agreement in clean and sanitary condition and in good repair during the term of this Lease, and shall comply with all state statutes and local ordinances with regard to restaurant facilities, but shall not be responsible for maintaining the dining area. S70369 -2- a .l • F . operator shall be responsible for keeping all - tab Lf:. and chairs in the dining area in clean and sanita •; conditions . County shall maintain and clean all oth'3." aspects of dining area. 9 . Operator shall not make any alterations or additions to the premises covered by this Lease without the - • prior written consent of County. 10 . Operator shall furnish all necessary licenses and permits required by law for the operation of the restaurant facilities covered by this Lease Agreement. 11 . It is agreed by and between the parties to this Lease Agreement that in the event Operator shall employ any personnel in connection with the operation of the restaurant facility covered by this Lease Agreement, Operator shall provide all necessary worker' s compensation insurance, required unemployment insurance and any and other insurance coverage which may be required by law covering any said employees. It is further understood and agreed by the parties to this Lease Agreement, that any employees of Operator shall be the employees of Operator only, and shall render no services for and on behalf of County as a result of said employment. 12. County shall furnish all of the electricity, heat, and lights necessary for the operation of the restaurant facility covered by this Lease Agreement, and shall further supply a telephone to be installed on the 870369 -3- 1`:r * �` .v 44#4 y •°�A.. k.; t'i:. i y .er a i•s J occupi .d by the CENTENUTAi. DELICATESSEN . A,1 • toll calls on said telephone shall be paid by Operatcr and charges for local service shall be paid ty Operator based on the same rate schedule charged tc all County departments. 13. Operator shall allow all employees of Weld and a31 members of the public at large, free access to the dining area at all times during the hours of operation of said restaurant facilities, and all employees of County and the general public shall at all times be permitted to bring their own lunches for consumption in said dining area. 14. Operator shall have sole discretion in determining the content of the menu, to the extent permitted by cooking facilities provided by County, and further, shall have full discretion as to the charges to be placed on each item on said menu. 15. Operator may prepare food at another location and provide it at the CENTENNIAL DELICATESSEN. Operator may also provide and operate his own vending machines in the dining area. 36. No space rental shall be charged Operator by County for the premises covered by this Lease Agreement during the term of this Agreeseut, however, Operator shall pay to County, a concession fee of as specified in lxhibit C. 870369 -4- 4 1 1 " . During the term of this Lease Agreement , Opera :c - shall carry general liability insurance and produ'_t3 liability insurance with minimum limits of One Hundred and Fifty Thousand Dollars ($150,000.00) bodily injury per person, and Four Hundred Thousand Dollars ($400,000 .00) bodily injury per accident. Operator - further agrees to carry liability insurance covering property damage in an amount of at least Four Hundred Thousand Dollars ($400,000.00) during the term of this Lease. Weld County shall be additional named insured on the above insurance policies. • 18. Operator shall assume full responsibility for, and shall indemnify the County for any damage to or loss of any County property, including but not limited to buildings, fixtures, furnishings , equipment, supplies, accessories, or parts resulting in whole or part from any negligent acts or omissions, or intentional torts of the Operator, any subcontractor of his, or any employee, agent, or representative of the Operator or his subcontractor. 19. Operator shall defend, hold harmless, and indemnify the County against any and all liability, claims, costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work under the 870369 '5` P 1.1111111111311111111111131111111111 terms • tof this Contract, resulting in whole or ina from the negligent acts or omissions, or t - intentional torts of the Operator, any subcontractors of his, or any employee, agent, or representative of the Operator or his subcontractor. IN WITNESS WHEREOF, the parties have executed this • Agreement at Greeley, Weld County, Colorado, on the 13th day of May, 1987. COUNTY OF WELD, STATE OF COLORADO, HY AND THROUGH TEE BOARD of COUNTY COMMISSIONERS OF WELD C ATTEST_ �,I�1�� • , �/� — r 4 fis • • . weld � � . and Clerk to the • • I . OPERATOR: SERVICE AMERICA CORPORATION BY: 8 R. WOOD, P SIDENT-WESTERN ZONE Subscribed and sworn to before ■e big day of ^-_,_ 198 !'. Ny .dotmotoision Expires N, Jun.S, WOO 870369 -6- :R s • 1 . '`• i„ •r '' r' •rf ::, r1 -�� )lr�1•i. . r + `, 1 . 1 ti.P. -it , e-v 9 21.3 _ 7.3_ r 14-0 _ } ,-� 1 4 t _ 1'3� • • . .i- -( • �:. 1 � ' -ti or � • r • --= ice': - -____,,,,i-=- : '': - 1_, _1 '----.. _ . . -_-__ _ __ _., _ _ . ___ _- _- ! r Cr / • „i { r I - (- I • . I ' — • I I F� 1 H r] 1. ...._ . 1 C ...r /N N T ..j 1 O 7 ✓ NI 'O er —4 0 1 0 Z kJ 0• A Or I L r i _ a1 • a^ l N • i • • I..% I• • O O 1 ii I O 111 .� • - P+ ", I IIen I A 1 1 �� - -- .. - —+— a-Y g 11-3 91� r._..x.14.'3. 7-6.__j 7-6 v_ -.0 [1 <*)-- r Y rn / X i t�'.r••�.�T A N N 1 HT N• O — . r ,F / Ei .-t ri no ,,,, .44). .., I,1114 L-....4....(T., N \ w Cs r,-,f 0 ,<..:0) PC 0 s r • -.air "- 1 Aft go* C. 1 g \//;;;'S ✓ w / "S** / — E i I C Y -__.--._ s 4 .. .________ .._ t ...___'u..._. _...._ • •- t j..... ........_ _. a ..- -.- . co U ,` C U -+n.r 110 - , 40 EXHIBIT "B" INVENTORY FOR CENTENNIAL DELICATESSEN 1 - Bunn Omatic Coffee Maker 2 - Tables 1 - Hobart Refrigerator 1 - Ward Deluxe Freezer 1 - Frigidaire Automatic Ice Maker 1 - Intedge Meat Cutter - Univex Slicer I - Cold Storage and Hot Storage Counter 1 - Litton Microwave Oven 1 - Cold Drink Service Miscellaneous Shelving 1 - Refrigerator 1 - Automatic Ice Makes • 870369 -7- C'JIINTY ADM:NISTRATION COMP:-..EX ('ENTENNIAL DELICATESSEN 'N`'E� ;ION FEE PRJPOSAL, D A' 'ESSEN SALES - INCREMENTAL TOTAL MONTHLY ANNUAL VOLUME ANNUAL BASE PEE ,SALES rEE ANNUAL -FEE PAYMENT 40,000 - 49,999 $1800.00 + 0 = 1800 m 150.00 50,000 - 59,999 1800.00 + 700 = 2500 = 208.33 60,000 - 69,999 1800.00 + 1200 a 3000 = 250.00 70,000 - 79,999 1800.00 + 1700 = 3500 = 291.66 80,000 - 89,999 1800.00 + 2200 = 4000 = 333.33 90,000 - 99,999 1800.00 + 2700 = 4500 = 375.00 100,000 -124,999 6% of gross sales 125,000 -149,999 6.5% of gross sales 150,000 -174,999 7.0% of gross sales 175,000 -199,999 7.5% of gross sales 200,000 + 8.0% of gross sales Monthly payments will be determined by annualizing the monthly sales. EXAMPLE: Monthly Sales $ 44750.00 Annualised 57,000.00 Month's Payment 208.83 VENDING SALES • Service America will pay Weld County 2 1/2% of all sales volume on vending machines on a monthly basis. Vending commission to be paid an Gross sales less sales tax. Service A 's proposal to provide the dining service for Centennial Delicatessen is valid only in the case that the COmety of i`ld pdta Sergio, America the ap- portunity to do all food preparation in that kite P t area of their jail facility. ERVICE ,AMERICA CORPORATION 870369 .S: 4114 • COLORADO May 13, 1987 Tim R. Colley Service America Corporation 3I31 Oakland Street Aurora. CO 80010 Dear Mr. Colley: This is to inform you that the Board of County Commissioners today selected Service America Corporation as the successful bidder to operate the Centennial Deli effective June 1, 1987. Weld County looks forward to working with you during the contract period. Mr. Don Warden. Director of Finance and Administration, will be your county liaison regarding the operation. Plume work with Mr. Warden in tranaitioning into operation on June 1, 1987. Please sign and return the enclosed contract as soon as possible. Pluses note that the term of the contract corresponds with the remaining time of our contract with you for food service in the jail. Very truly yours. BOARD OF COi(I88IONERS Chairman ,GL/ch cc: Peggy Siegmund Hello