05-13-2008 TICINO, LLC USE OF TOWN PROPERTY FOR OUTDOOR DINING AND LIQUOR SERVICE IN CONNECTION WITH THE RESTAURANTLICENSE AGREEMENT
THIS LICENSE AGREEMENT is entered into the i?� day of
2008, between TOWN OF AVON ( "the Town "), whose address is P.O.
Box 9 �von, do 8 1620 and TICINO, LLC ( "Licensee ") whose address is P.O. Box
18308, Avon, Colorado 81620
RECITALS
The Town is the owner of the area depicted on the site plan attached as Exhibit A
which is marked "Concrete Slab.," which is 44' by 10' in size and which is delineated by a split rail
fence and planters, adjacent to Unit 127, Avon Center at Beaver Creek ( "the Town Property ").
Licensee desires to enter into this License Agreement so that it may use the Town Property for
outdoor dining and liquor service in connection with the liquor licensed premises also depicted on
Exhibit A. The Town has no immediate plans for the use of the Town Property and is willing to
allow use of it until such time as the Town has plans for its use. The Mall Agreement dated April
16, 1981, provides that a property owner may use a portion of the Avon Mall for commercial
purposes upon payment of a reasonable fee to the Town.
AGREEMENT
1. The Town hereby grants to Licensee a license for the Town Property for
outdoor dining and liquor service in connection with the liquor licensed premises also depicted on
Exhibit A for the term stated below ( "the Term "); provided that Licensee hereby indemnifies and
holds the Town, its officers and employees harmless against and from any claims or liabilities
related to Licensee's activities on the Town Property. The grant of this license is made subject to
the right of the Town to control the hours of use of the Town Property and to impose limitations on
its use in connection with construction of the Main Street Project and the ongoing maintenance of
Main Street and Tract G. The Town agrees that the design of the Main Street Project, insofar as
possible and in the sole and absolute discretion of the Town, shall allow the continuation of this
License Agreement after completion of that Project. The Town waives the requirement of payment
of a fee in light of the plans of the Town for the Main Street Project.
2. During the term hereof, Licensee shall maintain in effect Commercial
General Liability insurance with limits of TWO MILLION DOLLARS ($2,000,000) per
occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate. The policy shall include
coverage for bodily injury, broad form property damage (including completed operations) and
personal injury (including coverage for contractual and employee acts including liquor liability or
dram shop coverage). The policy shall include the Town as an additional insured and shall include
a provision requiring the insurer to give the Town thirty (30) days notice prior to cancellation.
Certificates of insurance issued by the insurer shall be filed with the Town within 10 days after the
date this Agreement is entered into by Licensee, and this Agreement shall not be effective until
such certificate is received and approved by the Town.
3. Licensee shall keep and maintain the Town Property in a good, clean and
healthful condition, making repairs as necessary at its sole cost and expense. Licensee shall be
responsible for snow removal at its sole cost and expense. Licensee may, with consent of the Town
staff and at its sole cost and expense, at any time and from time to time make such alterations,
changes, replacements, improvements and additions to the Town Property as it may deem
desirable. Any such replacements, improvements and additions shall comply with applicable law
and ordinance, including the Americans with Disabilities Act.
4. The term of this Agreement shall commence as of the date first written
above and shall continue so long as Licensee holds a liquor license from the Town or until May 15,
2009, whichever is earlier ( "the Term "). Notwithstanding the foregoing, the Town may terminate
this Agreement on 120 days written notice to Licensee. Upon termination and if required by the
Town, Licensee shall restore the Town Property to its original condition. Licensee shall maintain
on deposit with the Town a restoration bond in the amount of $500.
5. Any notice required or permitted by this Agreement shall be in writing and
shall be deemed to have been sufficiently given for all purposes if sent by certified or registered
mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given
at the address set forth above, or at such other address as has been previously furnished in writing
to the other party or parties. Such notice shall be deemed to have been given when deposited in the
U.S. Mail.
6. All terms and conditions of this Agreement are considered material. In the
event that either party defaults in the performance of any of the covenants or agreements to be kept,
done or performed by and under the requirements of this Agreement, the non - defaulting party shall
give the defaulting party written notice of such default, and if the defaulting party fails, neglects or
refuses for a period of more than 10 days thereafter to cure the default, then the non - defaulting
party, without further notice, may, in addition to any other remedies available to it, terminate all
rights and privileges granted in this Agreement and this Agreement shall be of no further force or
effect.
7. The waiver by any party to this Agreement of a breach of any term or
provision of this Lease shall not operate or be construed as a waiver of any subsequent breach by
any party.
8. Neither party to this Agreement shall transfer or assign any interest in the
Town Property without first obtaining the written consent of the other party.
TICINO, LLC
ATTEST: �10 rC-
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P y M Kenny, !!l k
STATE OF COLORADO
COUNTY OF EAGLE
Ay Commission 04AVMW
TOWZON
By.
Ronald C. Wolfe, Mayor
ss.
sworn to before me this
as P-TKZt-
and and official seal.
�Qk9 day of �'" I , 2008, by
of Ticino, LLC, a olo ado limited liability
on expires:
otar Public
I ci
STATE OF COLORADO )
ss.
COUNTY OF EAGLE
The foregoing document was subscribed and sworn to before me this day
Of MALk , 2008, by Ronald C. Wolfe as Mayor and Patty McKenny as Town Clerk of the
Town of on.
My commission expires:_ loo I a Qoog
Witness my hand and seal.
N4ry &blic
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