04-27-2010 Ticino LLC Lease AgreementTHIS LICENSE AGREEMENT is entered into the 27 day of April, 2010, between TOWN
OF AVON ( "the Town "), whose address is P.O. Box 975, Avon, Colorado 81620 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, 2011,
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.
[signature page follows]
TICINO, LLC
r
By: MIL
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
P u scribed and sworn to before me this /a!' day of , 2008, by
as 00ig2Y of Ticino, LLC, a Colo do limited liability
company.
Witness my hand and official seal.
My commission expires:
Notary Oublic
TOWN f O' ON
By, 1
ona d C. Wolfe, Mayor
APP VED AST F
-nny, Town Cler Eric Heil, Town Attorney Date
STAGE -OF COLO DO )
) ss.
COUNTY OF EAGLE )
The foregoing document was subscribed and sworn to before me this QLIi"� h day
of A � , 2010, by Ronald C. Wolfe as Mayor and Patty McKenny as Town Clerk of the
Town of Avon.
Witness m k�gC
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% . DESOFL4
N HOPPE °
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co
My commission expires: j It P In
Notary Public
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Memo
To: Avon Town Council
Thru: Larry Brooks, Town Manager
Eric Heil, Town Attorney
From: Patty McKenny, Assistant Town Manager, Management Services
Date: April 23, 2010
Re: Renewal of Ticino License Agreement
Summary:
The License Agreement for Ticino Restaurant expires May 15, 2010 and the Town Council is asked to renew
the license for another year.
Background:
Ticino LLC d /b /a Ticino entered into a License Agreement in 2008 which would allow them the use of town -
owned property for their outdoor dining and liquor service area, as shown in the attached diagram for the
license. The agreement was written with a renewal clause outlined in #4.
Discussion:
The agreement does require a certificate of insurance showing Commercial General Liability Coverage with
limits of $2 million. Town staff will follow up with Ticino owners Rhonda & Daniel Niederhauser to obtain the
appropriate paperwork within 10 days after the date the agreement is entered into. The liquor license was
renewed at the last Liquor Authority meeting on April 13, 2010.
Financial Implications:
The Licensee has provided the appropriate restoration bond in the amount of $500.
Town Manager Comments: