HomeMy WebLinkAbout890067.tiff RESOLUTION
RE: 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 Service
America Corporation has been presented to the Board, and
WHEREAS, said Agreement concerns the operation of the
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
Commissioners of Weld County, Colorado that the Lease Agreement
between Weld County, Colorado, and Service America Corporation be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Lease Agreement.
890067
Page 2
RE: LEASE AGREEMENT - SERVICE AMERICA CORP.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 11th
January, A.D. , 1989 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: �� WELD COUNTY. , COLORADO
Weld County lerk and Recorder C/ // ��
and Clerk to the Board C. W. Kirby, Ch irman
D7X-,Xco thetro-Tern
eputy Count lerk
APPROVED TO FORM: Gene R. Brantner
George Ke edy <5
County Attorney
G as
890067
LEASE AGREEMENT
THIS AGREEMENT, made and entered into on the 11th day of
January, 1989 , 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 facilities
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 the
Weld County Centennial Center located a 915 10th
Street, Greeley, Colorado, 80631 from January 1 , 1989
until December 31 , 1991 .
2 . The restaurant facilities covered by this Lease
Agreement shall be known as the "CENTENNIAL
DELICATESSEN" .
3 . It is agreed by and between the parties to this Lease
Agreement, that County owns 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 owned by County has been prepared by
County and is attached hereto, incorporated herein by
reference, and marked as Exhibit "B" . Additions or
deletions from this inventory shall be made throughout
the term of this Lease Agreement so as to properly
89006'7
reflect the ownership of all the personal property and
permanent fixtures used in the operation of the
CENTENNIAL DELICATESSEN. The County shall provide the
equipment on Exhibit "B" , and the operator shall
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 2 : 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.
8 . Operator shall be responsible for keeping all tables
and chairs in the dining area in clean and sanitary
condition. County shall maintain and clean all other
aspects of dining area.
890067
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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 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
premises occupied by the CENTENNIAL DELICATESSEN. All
tool calls on said telephone shall be paid by Operator
and charges for local service shall be paid by
Operator based on the same rate schedule charged to
all County departments.
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13 . Operator shall allow all employees of Weld and all
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.
16 . No space rental shall be charged Operator by County
for the premises covered by this Lease Agreement
during the term of this Agreement; however, Operator
shall pay to County, a concession fee as specified in
Exhibit "C" .
17 . During the term of this Lease Agreement, Operator
shall carry general liability insurance and products
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
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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 our of the occupancy, use,
service, operations, or performance of work under the
terms of this Contract, resulting in whole or in part
from the negligent acts or omissions, or the
intentional torts of the Operator, any subcontractor
of his, or any employee, agent, or representative of
the Operator or his subcontractor.
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IN WITNESS WHEREOF, the parties have executed this
Agreement at Greeley, Weld County, Colorado, on the 11th
day of January, 1989 .
COUNTY OF WELD, STATE OF
COLORADO, BY AND THROUGH THE
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY
BY:
` i C. W. Kirby, C irman
ATTEST: T
Weld County C erk and Recorder
and Clerk to the Bo
$Yt C7y cp cvyAJ
eputy County C erk
OPERATOR: /1
By: vl K/
Subscribed and sworn to before me this 3o th, day of ,
1989 .
•
otary Public
My Commission Expires OFFICIAL SEAL
GETHA MC IF
/3 / 990 y;m =��• NOTARY PUBLIC -CALIFORNIA
l '. JY L&S ANO''F.S COUNTY
1 � My comm. expires JUN 13, 1990
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EXHIBIT "B"
INVENTORY FOR CENTENNIAL DELICATESSEN
1 - Bunn Omatic Coffee Maker
2 - Tables
1 - Hobart Refrigerator
1 - Ward Deluxe Freezer
1 - Intedge Meat Currter - Univex Slicer
1 - Cold Storage and Hot Storage Counter
1 - Amana Microwave Oven
1 - Cold Drink Service
(On loan from Coca Cola)
- Miscellaneous Shelving
1 - CRC Refrigerator
1 - Manitowoc Automatic Ice Maker
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EXHIBIT "C"
CENTENNIAL DELICATESSEN
CONCESSION FEE PROPOSAL
DELICATESSEN SALES:
Annual Incremental Total Monthly
Annual Volume Base Fee Sales Fee Annual Fee Payment
40 ,000 - 49 , 999 $1, 800 . 00 + 0 = 1 ,800 = 150 .00
50,000 - 59,999 1 , 800 . 00 + 700 = 2 ,500 = 208 .33
60,000 - 69 ,999 1 ,800 . 00 + 1 , 200 = 3 ,000 = 250 .00
70 ,000 - 79 ,999 1 , 800 .00 + 1 , 700 = 3 ,500 = 291 .66
80,000 - 89,999 1 ,800 . 00 + 2 ,200 = 4 ,000 = 333 .33
90 ,000 - 99 ,999 1 , 800.00 + 2,700 = 4 ,500 = 375 .00
100 , 000 - 124 ,999 6 .0% 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 = $ 4,750 .00
Annualized 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 on Gross sales
less sales tax.
Service America' s proposal to provide the dining service for Centennial
Delicatessen is valid only in the case that the County of Weld permits
Service America the opportunity to do all food preparation in the kitchen
area of their jail facility.
8 890067
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