HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5C LOT C VILLAGE POPCORN WAGON 1978-1991 LEGAL/
75 sottlh frontige road
vall, colorado 81657
(3fi]) {792138
(3m) 4792139
December 1- 8, 1 9 91
olfice ol community development
Ms. Jan Wening
434 Gore CreekD18VaiI, Col-orado
Dri-ve
81657
Re: Slgns on ViIIage popcorn Wagon
Dear Jan:
On December L7, 1991, the Town Council heard your reguest forsign variances for the village popcorn wagon. The Town councildid feel the four: metal signi attlched to the wagon to be signs.However, they did consi_der the removaL of the silns a physicilhardship and approved your request for a varianc6 t.o t.he numberof -signs permitted and to the amount of sign area permitted inorder to al1ow yoy !o keep the metal signsl ff.e f-our integralsigns constitute 8. ? square feet of sigi area.
The request for the- awning sign was denied. This sign must. beremoved or covered by Monday, January 6, 1.gg2.
Today' Mike Mollica and r visited you at the popcorn eragon andexprained the Town's rnenu board and window sign^regulatlons. -As
the three of us agreed, you are permitted to frave one menu board(in two parts), and two windo" signs which must not be largerthan 15? of the window in which you.place them.
Please feel free to ca]l if you have any questions. Thank youvery much for your cooperation.
S j-ncere1y,
Planning Technician
.4/?u'{r'
fu a,*; 7
December l-8, 1991
Ms. Jan Wening
434 Gore Creek
D18Vail, Colorado
Re: Signs on
Dear ,Jan:
Drive
81657
awning of Village Popcorn Wagon
On August 2i-, I99I , the Desigin Review Board denied your requestto allow wording on your awning without inctuding the name of thebusiness. This proposal was to be heard by the Town Council as
soon.as you returned from out of town.
I called you on November 21-, l-991- to schedule the Council hearingfor December l-7. You agreed to the hearing on the 17th of
December. You also added that you were changing the name of your
business and the nehr name would include the wording that you have
on your awning.
We will proceed vuith the hearing on the 17th. In the meanLime,please furnish us with documentation showing the change in nameof your popcorn wagon business. There i-s a possibilit.y that the
Councj-1 hearing can be eliminated, but we wiLL not know thisuntil we receive the documentation re]ated to the name change.
RecentLy, it has been brought to our attention that you aredisplaying other exterior signs in addition to the awning. You
and I have discussed the fact that you may not display anyadditional exLerior signaqe. You are leasing Town of VaiI land,
and it is doubly important that you adhere to the Town of Vail-
zoning codes. Please remove al-I exterlor signs at once.
The neeting on December 17th wiLl start at 7:30 P.M. If you have
any questions, please do not hesitate to call.
Sincerely,
Betsy Rosolack
Planning Technician
lmn
7ti soulh fEntag€ 1o.d
tCl coloEdo E1657
(34) 4?$2138
(303) 4792139
of0ce ol conrmunity devdopment
Jume 20, 199L
Ms. Jan Wening
434 Gore Creek Drive
#D1BVaiI, Colorado 81657
Re: Village Popcorn wagon a - '.'-
Dear Jan:
I spoke with you in April about siqnage and the awning on the
Village Popcorn Wagon and you agreed to submit an application to
Design Review Board'when you returned (I thoughL you said on April
20rh).
Please call me or submiL an application by Monday/ July 1-, 1991.
Thank you for your cooperation.
Sincerely,
-1 ..'-) A// j- / / /'/&2"\f-- J o-t(o<-/'-
Betsy Rdsolack
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T0: Design Review Board
Community Development Department
August 21, 1991
FROM:
NATtr.
suBJEcr: A request for sign variances for the vail Virlage popcorn
Wagon i.ocated in Founders, Square at the top of WalIStreet, Vail Village 1st FilingApplicant: Jan WeningStaff: Betsy Rosolack
I. THE REOUEST
.The applicant is the owner of the Village popcorn Wagon. TheVillage Popcorn Wagon j_s located on Town of VaiI :.anO. Theowner of the wagon leases the property under the wagon fromthe Town of Vai1. Ms. Wening is requesting three signvariances. The first variance is to Section 16.20.110 (A) ,Purpose, to aLlow the words, 'Beverages Sandwiches pastries"
on an existing awning. The second request is for a varianceto the total amount of sign area permitted, Section
1,6 .20. 110 . (B) , Size . The third request concerns the number ofexterior signs permitted, Section 10.20.110 (D) , Number.(P1ease note the varj-ances are hj.ghlighted in bold print. )
Section 16.20 .110 Projecting and Hanging Signs--SingleBusiness Use: (A) Purpose:
A lr]'rrrrrnca f .\ i zl^h+.i f ,, - !...^- -!!J\../oE, Lo lOenE]-Iy a DUS]-neSS Or OfganlZatrOn
l^,ai nr.r tlra c'llg bUSineSs occupant within a buildinc.urtrrr q, rJ L/ -r- .!The identification sign or signs for a business ororganization may include the name of the businessor organization and the general nature of thebusiness conducted within or upon the premises. Inno instance, however, shall_ the total portion ofthe siqn ciescribinq che qeneral nature of thebusiness exceed 40 per cent of the total area ofeach siqn permicled for this purpose. Theciescription of the qeneral nature of the businessshaII be incorporated into the siqn or signsidentifying the name of the business and Should notexist as a separate sign.',
The following signs require a variance to the requirement thatthe description of the general nature of the business shouldnot exist as a separate exterior sign, and that wording otherthan the name of the establishment not exceed 40 percent ofthe totaf area of the sign. The signs are:
il.
2.
3.
4.
A sign on the awning stating "Beverages Sandwiches
Pagtriegt',
A metal I'l'resb got Popcorn" sign
Two metal "I{agon Popcornl signs
A metal sign wbicb, states, "Exclusively Recreated for
Popcgrn wagon Srancbise, Inc."
The applicant feels that a popcorn wagon connotes mainlypopcorn, and she wishes to indicate that other items are forsale, as weLL as popcorn.
Section 16.20.21-0 wal1 Signs-Single Business Use: (B) Size:
B. "Size shall not exceed one square foot for eachfive front lineal feet of the building...."
The staff has deterrnined that one length and two short sidesof the wagon may be counted as pedestrian frontage, for atotal length of 18 feet. Therefore, a total of 3.6 squarefeet of exterj.or si-gn area and a maximum of two exterior signs
aro r'rarm i tf orl
The ViLlage popcorn wagon has four existing exterior metaLsigns which are attached to the wagon. The larger sign
contains 5.6 square feet and states, rrFresh Hot Popcorn". The
small-er sign conLains 1.5 square feet and states, "ExclusivelyRecreated for Popcorn Wagon Franchise, Inc.'r These two signstotal 1.t square feet. fn addition, two metal signs of .6
square feet each, which state rrWaqon Popcornil are attachednear the top of the wagon on the front and one side. Thestaff determined that all 4 of the metal signs count asexterior signs, and the total area of these signs is 8.3
qarlr.a ra f aaf
The appJ.icant wj-shes to have 4 square feet of sign area on theexisting awning, in addition to the four metal signs of 8.3
square feet, making five exterior signs totaling 12.3 squarefeet. Thie would require a variance of 8.7 sguar€ feet to the3.5 square feet of total sign area allowed.
Section l6-20.110: Projecting and Hanging Signs: (D) Number:
"Number, one sign per vehicular street or majorpedestrian way which the business abuts, with a
maximum of two signs as determined by theadministrator, subject to review by Che Design
Review Board. rl
D.
Two exterior signs are allowed, and there aremetal signs attached to the wagon. Tbereguesting a varianca to allor a fiftb exteriormore tban Is permittcd io tbe tigo codc.
The applicant feels the metal signs affixedshould be considered part of the design of theand thus not counted as sign area.
four existingapplicant isgign, or three
to the wagon
popcorn wagon,
]I. FINDINGS AND STAFF RESPONSBS
Before the Board acts on a variance application, the applicantmust prove physical hardship and the Board must find that,
enterDrises.
Staff Response:
1. Variance to Acceptable Information on Siqn
While it is true that. people associate popcorn
wagons with popcorn, generally, people are alsoaware that popcorn wagons se11 more than justpopcorn. The popcorn wagon is permitted a menuboard of 5 square feet and two window signstotalling 5.4 square feet to explain the various
menu options (total window area is 36.25 squarefeet). In addition, the popcorn wagon is permittedto have two exterior signs stating the name of thebusiness. The staff feel.s that the wording on theawning is not necessary, given the allowable
signage.
2. Variance to Amount of Siqn Area Permitted andVariance to Number of Siqns Permitted
The popcorn wagon is perrnitted two exterior signswith an area totalling 3.6 sguare feet. However,the popcorn wagon was designed wit.h four exteriorsigns with a total sign area of 8.3 sguare feet, or
A.
4.7 square feet of exterior sign area over theal-lowed 3.6 sguare feet. These signs were parL ofthe original wagon design, and were first placed on
Town of Vail land in 1978.
The staff feels that this business location doesnot have special circumstances requiring additionalsigns or sign area. We believe the popcorn wagonrs
design calIs attention to itself, and thus does notrequire an additional sign nor a sign area greaterthan that which is allowed under the code (3.6
square feet).
B. That special circurnstances were not created by theapplicant or anvone in Drivv to the applicant.
Staff Response:
Variance to Acceptable fnformat.ion Permitted on
Siqn
Staff feels no special circumstances have been
created.
variance to Amount of Sign Area Permit.ted andVariance to lJumber of Siqns Permitted
Staff feeLs no special circumst.ances have beencreated.
C. That the qrantinq of the variance will be in qeneral
harmonv with the purpose of this title and wil-I not bemateriallv detrimental to the persons residinq or workinqin the vicinitv, to adiacent propertv. to theneiqhborhood, or to the public welfare in qeneral .
qf 2f f Ra crrnn ca .
1. Variance to Acceptable fnformation Permitted on
5rqn
The staff feels that the granting of the variance
woul"d set a precedent that would not be in general
harmony wlth the purpose of the sign code.
2. Variance to Amount of Siqn Area Permitted andVariance to Number of Siqns Permitted
Because of the unigue design and small size of thepopcorn wagon, the staff feels the signage shouldbe brought into conformance with the sign code.The staff feel-s that the granting of thesevariances will not be in general harmony with thepurpose of this title.
D. The variance appl-ied for does not depart from theprovisions of this title anv more than is required toidentifv the applicant,s business or use.
Staff Response:
1. Variance to Acceptable Information Permitted on
Siqn
Although the appli-cant feels that the popcorn wagonimplies the sale of only popcorn, the staff feelsthat the two window signs and the menu board are
adequate to inform the pedestrian that niore thanjust popcorn is sold at the wagon.
2. Variance to Amount of Siqn Area Pernitted andVariance to Nurnber of Siqns Permitted
The staff feels that the unique design of thepopcorn wagon, the two exterior signs, the twowindow signs, and the menu board are more than
adequate to identify the applicant's business. Webelieve the business is in a very visible locationin the center of a rnajor pedestrian plaza of theVillage. For these reasons, we think the variancesdepart more than necessary from the Town of VaiL
Sign Code.
III. STAFF RECOMMENDATIONS
The staff recommends denial of the requested variances. Wecan flnd no physical hardship. We find that the requestedvariances do not meet the criteria necessary to justify avariance.
variance to Acceptable Information Permitted on Siqns
The staff recommends denial of the requested variance toallow additional wording which does not include the nameof the business. The applicant,s request to use anexterior sign to name only products which are availabfe,and not ]imit this wording to the acceptable 408, wouldset a precedent that the staff finds insupportable.
The staff recomnends denial of the requested variances tothe number of signs and to the amount of sign areapermltted for the popcorn wagon. We feel that the design
and location of the popcorn wagon draws attention to thebusiness. We also feel that it is important to maintaj-nthe unique design of the wagon, and feel that additionalsigns and sign area on such a small structure would notbe in harmony with the purpose of the sign code.
I
75 soulh trontage ?oad
vail. colorado 81657
(303) 47$.2138
(30s) 479-2139
Septenber 11, 199f
oflice of communily develoPmenl
Iasted so late and
wnrrr trrrn. Tt isf vvL
and therefore the
Please accept my
Following are the
Ms. Jan Wening
434 Gore Creek
Vai1, Colorado
Drive
81 657
Re: Sign Variance Request
Dear Jan:
I am sorry that the Design Review Board neeting
|t..-+ rr^.r h-rl +^ enan-i cn mrrnh t iyr,^ '.'a.i+ina €a-LrloL yvu rre!r Lv )pE;ru rD rr r,.u\,rr urrrlg vra-r LlrlY .l-!/r
inpossible to tell how long each item will taket
sr-af f cannot teIl you exactLy when to come.
apclogy for the length of the meeting.
The D.c.B did consider your request, however.
resu.Lt.s of their review:
1. The first variance, to allow the wording on the awning to not
contain the name of the business, "Popcorn Wagon", was denied.
The DRB felt that there was no hardship. They approved the
awning itself, but not the wording on the awning (Beverages,
Sandwiches, Pastries) .
2. The DRB deterrnined that the netal signs affixed to the wagon
are a part of the wagon design and should not be counted as
signage. If these 4 signs are not counted as signage, then
you do not need two of the requested variances: a variance to
allow more signs than are permltted, and a varj"ance to a11ow
rnore sign area than is pernitted.
As I already stated, the denial of the wording on the awning aswell as the decision to consider t.he metal signs as Part of the
hragon design, wil] be a recorunendation to the Town Council. The
Council must hear this request "as promptly as practicable at a
subsequent regular meetingrr as stated in the sign variance section,
16.36.080. You stated that you had to be out of town, and would
send a letter reguesting that the Council meeting be postponeduntll you could return. Please send this letter as soon aspossible, and we will schedule an alternative date that is
convenj.ent for you.
Again, I apologize for the long time that you had to wait. I
assume that you could wait no longer, and had to leave.
One last request of the Design Review Board was that your menu be
on a display board rather than on paper in the popcorn wagon. we
can discuss this wben you return.
Please cafl if you have any questions, and I look forward to
working with you on your proposal .
Sincerely | /j /,l///f.r'^./.^/,/.- / I +l,/fu./st ..'L C) r< & (/v,_
Betsy Ro'solack
Planning Technician
''\t ).
t
ffS'SOEC 1 6lg.gr
oflice of communlty development75 soulh lronlage road
Yall. colorado 81657
(303) 479-2138
(303) 479-2139
September 11, 1991
Ms. Jan Wening
434 Gore Creek
D18Vai1, Colorado
Drive
81657
Re: Sign Variance Request
Dear Jan:
r am sorry that tbe Design Review Board meeting lasted so late and
that you had to spend so much time waiting for your turn. It is
irnpossible to teLl how long each item will take, and therefore the
staff cannot teII you exactly when to come. Please accept my
apology for the length of the neeting.
The DRB did consider your request, however. Foll-owing are the
resufts of their review:
I. The first variance, to allow the wording on the awning to not
conLain the name of the business, "Popcorn Wagon", was denied.
The DRB fel"t that there was no hardship. They approved the
awning itself, but not the wording on the awning (Beverages,
Sandwiches, Pastries) .
2. the DRB determined Lhat the metal signs affixed to the wagon
are a part of the wagon design and should not be counted as
signage. If these 4 signs are noL counted as signage, then
you do not need two of the requested variances: a variance to
allow more signs than are permittedr and a variance to allow
more sign area than is pernitted.
As I already stated, the denial of the wording on the awning as
well as the decision to consider the metal signs as part of the
wagon design, will be a recornmendat.ion to the Town Council. The
Council nust hear this request. "as promptly as practicable at a
subsequent regular meeting" as stated in the sign variance section,
16.36.080. You stated that you had to be out of toltn, and would
send a letter reguesting that the Council meeting be Postponeduntil you could return. Please send this lett,er as soon aspossibte, and we will schedule an alternative date that is
convenient for you.
Again, I apologize for the long time that you had to wait. I
assume that you could wait no longer, and had to leave.
One last request of the Design Review Board was that your menu
on a display board rather than on paper in the popcorn vtagon.
can discuss this when you return.
Please call if you have any guestions, and I look forward to
working with you on your proposal .
Sincerely, ,, . // .?' r''- / //fu,[', /oJ 4 ec/u-
/Betsy Rdsolack
Planning Technician
be
We
'r^revised 6/L8/9L
DRB APPLICATION _ TOWN OF VATL,
DATE APPLICATION RECE]VED :
DATE OF DRB MEETING:
COLORADO
22
I.
**********
TCIS APPLICEBION VIILL NOT BE ACCEPTED
nNTrL Arr, REQUr*.O..rnO.Rj':[JrON rS SnEMTTTED
PROJECT ]NFORMATION:
A. DESCRIPTION: EEflACE NETJT OF rtUJild* N P-
/t LLAeE otl nea J u*s
L0H;rE lgnEAs
TYPE OF REVIEW:
New Construction ($200.00)Minor Alteration ($20. 00)
Conceptual Review (S0)J_eggp;g;y ($s0.00)
c. ;iTDRESS: ToP oF dftLL 67-.
D.LEGAL DESCRIPTION:
Subdivision :
T ^+Block
If property is described bydeseription, please provide
attach to this application.
ZON]NG:
a meets and bounds lega1
on a separate sheet and
F.LOT AREA: If required, applicant
stamped survey showing lot area.
NAME OF APPL]CANT; JAN ilENIaIE.
must provide a cu rrent
rlrlrt'.lct t J-n\=
n ,. C{e Phone
U
NAME OF
Mailing
tL, Ca StttS
APPLICANT, S
Address:
REPRESENTATIVE:
T.
Phone
NAME OF OWNERS:5ftnlF
*SIGNATURE(S):
Mailinq Address .*yt12-
Phone ,a lttd-
Condominium Approval if applicable. NA
DRB FEE: DRB fees, as shown above, are to be paid aL
the time of submittaf of DRB application. Later, when
applying for a building permit, please identify the
accurate valuation of the proposal-. The Town of Vail
wi-I1 adjust Lhe fee according to the table below, to
ensure the correcL fee is paid.
FEE PAXD: $
J.
K.
FEE SCHEDULE:
VALUATION
$ 0 - I 10,000
$10,001 -$ 50,000
$ 50, o0t - $ 150,000
s150,001 - $ 500,000
$500,001 - $1,000,000$ Over $1,000,000
APPLICATION WII.I. BE PROCESSED
FEE
$ 20.00
$ 50.00
$100.00
$200.00
$400.00
$s00.00
}TITITOUT OWNER' S STGNATURE*NO
APPUICATIO}| DATE
It cN^/ltNlNo l?DLr clllroll
w'-6 ,1
I|NIE OF
IDDRESS
xtltE oF
troxllml ol
TOCATTON OF
DEscRrtrroN oF pRoJEsr SrPtaeimetf oF nNiltnt€
s3"I8lffi',Iffi "ilI8"iffi 'lIol3,Fffi"Hloil3B'33i3#'ffi o"' o n
REVIEI{ BOARD.
t. DEScRrr{roN oF rHE EIGN/Ar$ING (r!!F-qTNDING' I{ALL,
iiorgcrrHc, ETcl, rNcIrtDE SrcN llEssAGE'
REb Atsilde \r,lEPA&s,' yt'Jbd'ct/s ' PAsrAtEs
^r dHF E
B.SIGN OR IIVNING IdATERIAIT
$l#"# 'il-E&'w"'ht i,incr, r"ruPt un
DERsoN suBrrrrrnc iAN dENril9 , taoxeSfu&-0-'
oF u)ALL ST.t/A t''L ,/,'.LL4
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PROJEqT
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C.EIZE OF OUENAI,L gICN'EIZE OF I.ETTERING TIID IPGO
D.
D.DESCRIBE IIcHTINC (EXIEIING OR PRODOSEDI N!^IL
IENGIE OF BUEINESB lBol|ltcE (DIl
coNDott$frnlt tssocr^lroN IPPROVAT..
-
tx'E!,lew l)o coNDo
FEE: S20.00 PLus $1.00 PER SQUAAE Fq)T or SIGT AREA'
Elto Plln
Dlcvetloni rhoulng-rxact locatlon of :lgn or
arnlng on thc bultolnE
PhotogrePh3 rhorl;;-fiopona locatlon
Colorrc reale aravlnE-
"fi8til'3l"':i':il1
ii"liliit"
IIEIGHT Of SICN IBOVE 6NADE
F.
G.
lr.
1.
-
2.-
3. --l'--3. .-5.-
'! t ! |Slgn tdnlnlftrltor
If tbis rppllcatlon reguiras r aGprrate rcvlcr by eny loeal, State ot
Fedcrel agency othcr ttran the lovn of Vell, the eppllcatton fcc shall be
lncrcasad by $200,00. E*arqrles of tush revlcr, uay lncluder but rre note
Itrntted to: Colorado Departnent of ElEhHay Access Pernlts, Arny Corps of
Englneers tl0{, ctc.
the appllcant ahall be responslblc for paylng eny publlshlng feee wblch
are Ln cxcess of 50t of ttre appllcatlon fce. If, !t the applicant's
reguest, tny natter is postponed for lrearing, causlng the nattel to be
rc-published, then, the ent*e fee for such re-publlcatj.on chall be paid
by the applicant.
Applicatlons deerned by the ConununLty Developnrent DePattnent to^.have
sl.gnificant design' Iand use or other jlcgues rhich may have a algniflcant
tnpact on the comrrunlty nay rcgulre revleu by consultants other than town
staff. Should a determinalton be made by the torn staff that an outside
consultant ls needed to revlew any appltcation, the Connunlty Development
rnay hlre an outside Consultantr-lt -ehall estirnate the amount of money
ne6essary to Pay him or her and thls arnount shall be forwarded to the
Town by -the ipplicant at the tirne he fLfes his appltcation Hith the
Community Development Depattnent, Upon completlon of the review of the
application by the consultant, ani of the _ funds forwarded -by tle
alilJ.cant for payment of the consultant shlch have not been paid !o tlte
consultant shalt be returned to the applicant. ExPenses lncurred by the
Town in excess of the amount forwarded by the applicant shall be pald to
the Town by the applicaat wlthin 30 days of notificatlon by the Town.
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fDrn tPPllertloar tor rlgar rar tGlttrl, tDr tollculag-tllcran-Jon It lrgulcd:
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lEPLIClEloN.
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(b)
(c)
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PUBLIC NOTICE
NOTICE IS HEF€BY GMN that the Design Review Board of the Tovrn ofvail will hold a public hearing on Augiuat 2L, L99L at 3:00 p.m. inthe Town of Vail Municipal Building.
Consideration of:
L. A request for a sign variance for the Village Popcorn WagonLocated in Founderst Square at the top of WaIl Street,
adJacent to Christy Sports and the Hong Kong Cafe in VaiIVillage First Filing.
Applicant: Jan Wening
The applications and information about the proposals are availablein the zoning administrator,s office during regular office hoursfor public i-nspection.
TOWN OF VAIL
COMMUNITY DE\ELOPMENT
Published in the Vail Trail on August 2, L99L.
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TOWN OFVAIL
75 South Frontage Road
VaiI, Colorado 81657
s03479-2100
FAX 3034792157
FROM:
DATE:
Community Development Department
September 25, L99L
TO: Design Review Board Members
SUBJECT: Letter from ilan Wening related to DRB meetings
Enclosed is a letter which we received from Jan Wening withconcerns about the manner in which DRB meetings are scheduled.
On the particular day that she was scheduled, she waited severalhours, then had to leave before the popcorn $lagon item came up.Unfortunately none of us knew that she had to be i_n Denver by 8:30P.M. However, maybe it would be a good idea for the staff and DRBto discuss some of her suggestions.
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75 South Frontage Road
Vail, Co[orado 81657
303479-2100
Fil(3031792157
September 25, 1991
Ms. Jan Wening
434 Gore Creek DriveD18Vail, Colorado 81657
Re: Popcorn Wagon Sign Variance Request
Dear Jan:
Thank you for your letter explaining approximately when you will beback in toern and that you will call when you return so that we canschedule the Council meeting at that time.
I am sorry to hear of your grandfather, s illness. I am also sorryLhat I did not know that you had to leave for an appointment inDenver on the day of the Design Review Board meeting and could notstay to discuss your signs with the Design Review Board.
Thank you for writing of your concerns and suggestions about thescheduLing of the Design Review Board meeti-ngs. Copies of yourletter will be sent to each Design Review Board mernJcer.
I look forward to working with you when you return.
Sincerely,
R.T-E.,&.[
Betsy Msolack
Planning Technician
Project Application
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Projecl Name:
Project Description:
Contact Person and Phone hJn ,1 q-o
{tOwner, Address and Phone:
Architect. Address and Phone:
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Legal Description: Lot
comments: Ct I F t/
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Motion by:
Seconded by:
Design Review Board
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DISAPPROVAL
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APPROVAL
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,January 30, 1992
Ms. Jan Wening
434 Gore Creek DriveVail, Colorado 81657
Re: Village Popcorn Wagon Sign
Dear Jan:
CERTIFIED I,ETTER
On December L7, 1991, the Town Council denied your request for a
varj.ance for the Village Popcorn Wagon.
On December 18 | 799t, f wrote you concerning your awning sign.
Our department requested that you either remove the portion of
the awning that had wording on it or cover the wordi-ng by January
't , 1992.
ft is important that businesses in the Town of VaiL conform to
the sign code so that each business is treated fairly. If you
have questions concerning the code as it relates to your
business, I wouid be happy to try to answer them.
We are not attempting to single your busi-ness out, but merely to
treat. every business equal1y. we must ask you to remove the
awning that contains wording or cover the wording, by Fridayt
February 7 at 5:00 P,M.
Thank you very much for your cooperation. If you have concerns
or questions, please feel- free to catl me aL 4'l 9-2138.
Sincerely,
ffr#.'&JPlanninq Technician
LEASE
1987, by
Frontage
BUCKLEY,
TOiJN 0F VAIL and J- ILA BUCKLEY
LEASE AGREEMENT
AGREEMENT made and entered into this AAday of
and between the TOl^rN 0F VAIL, a municipal home rule corporatjon, 75 South
Road, Vail, Colorado 81657, herejnafter called "Lessor", and J. ILA
at P. 0. Box 263, Vai'l , Colorado 816581 hereinafter called "Lessee':
WITNESSETH:
That the Lessor, for and in consideratjon of the rent and covenants and
agreements herejnafter set forth, and by the Lessee to be kept and performed, hereby
leases, demises and lets unto the Lessee the right to use and occupy the real
property described below for the purposes of the piacement and operation of a
popcorn wagon operation on said property owned by the Lessor sjtuate in the Town of
Vai1, County of Eagle, and State of Colorado, hereinafter referred to as the
"Premises" and more particularly described as fol'l ows, to wit:
As set forth on the attached Exhjbit A, incorporated herein
by reference as if set forth in jts entirety.
Said Lessee to have and to hold the above mentioned premises, and ai1
appurtenances thereto, for an initial term of five (5) years commencjng on the lst
day of Ju'ly, 1.986, and expiring on the 31st day of June, 1991, unless sooner
forfeited, terminated, as thereinafter provided.
NOl,l, THEREFORE, in consjderation of the mutual covenants and agreements
contajned herein, the parties hereto agree as follows:
1. Lessee shall use the leased premises so1ely for the placement and operation
of a popcorn wagon and for no other purpose. The popcorn wagon to be placed on the
leased premises sha'l I be approved by the Town of Vai'l prior to such placement and
any rep'lacement wagon which the Lessee may wish to place on the premises during the
term of this lease shall also be approved in advance of such placement by the Town
of Vail.
Lessee shall use the popcorn wagon solely for the purpose of the reta'i I
sale of snack foods such as popcorn and hot dogs and nonalcoholic beverages as set
forth in the menu attached as Exhibit B.
2. As rent for the demised premises, Lessee agrees to pay unto Lessor at the
address designated herejn, or such other address as may be designated from tjme to
time, the following sums, to wit:
A. Lessee shal'l pay Lessor as mjnimum rent for the premises for the full
term, the sum of three thousand sjx hundred dollars ($3,600), pius all additjonal
sums as set forth in paragraphs 8. through F.
B. It is the understanding of the parties to this lease that Lessee
entered into possession of the premises and began doing business from the premises
on July 1, 1986 pursuant to an oral 'l ease between the parties and that there is due
and owing from the Lessee to the Lessor the sum of one thousand eight hundred
sixty-two dollars and fifty-four cents ($1,S62.54) for unpaid rent during the term
of said oral lease. In order to repay the back rent due and owing Lessor, Lessee
agrees to make lease payments for the first year of the term of thjs lease as
fol I ows:
A payment of one thousand eight hundred sixty-two dollars and
fifty-four cents ($1 ,862.54) shall be due and payable on November 25, L987. A
payment of one thousand eight hundred sixty-two dollars and fifty-four cents
($1,862.54) shalI be due and payable on December 1, 1987, and a final payment of one
thousand eight hundred sixty-two dollars and fifty-four cents ($1,862.54) shall be
due and payable on December 28, L987.
Beginning jn the second year of the term hereof, said rent shall be
payabie in equal quarterly installments of nine hundred dollars ($900), the first
quarterly jnstal'lment due and payable on the the 4th day of January, 1988; the
second quarterly installment due and payable on the 4th day of Apri1, 1988; the
third quarterly installment due and payable on the 4th day of Ju'ly, 1988; and the
fourth quarterly payment due and payable on the 4th day of October, 1988.
Thereafter, commencing January 1, 1989, an adjustment shall be made to the fixed
rent in the form of an adjusted percentage, based on the "Consumer Price Index", as
published by the Bureau of Labor Statistics, Mountain Plains Region, using the "All
Items" classification in the "Denver" column, specifica1 ly the percent change from
one year ago. This percentage change is to be made on the December figure in the
preceding year. This procedure is to be followed each succeedjng year unti'l the end
of the term of this Lease Agreement-
C. Lessee further agrees to pay the property taxes upon the demised
premises and any increase above those taxes assessed on said premises, if
appl i cabl e.
D. Lessee shal1 pay, at its sole cost and expense and not at any cost op
expense to Lessor, during the entire term herein created and any extensjons thereof,
in additjon to the rental above provided for, all taxes, licenses, assessments, and
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' levies of every kind and character, whether general , special , ordinary, or
extraordinary, which may be taxed, charged, assessed, levied, increased, or imposed
upon or against the premises, the leasehold estate hereby created, or upon any
building or improvements thereon or additjons thereto or which may arise out of the
use and operation of the premises, as well as all expenses of repairing,
maintaining, and operating the premises, and all insurance premiums on insurance
maintained or to be maintajned relating to the premises. AlI such taxes, licenses,
assessmentsn Ievies, expenses, premiums, and charges are herein referred to as
'Imposit'i ons". Lessor shal 1 pay for water, sewer and electrical utiljties and
servjces to the lease property.
E. Lessee shall also pay, fnom tjme to time as provided in this lease,
without notice or demand, as additional rent ("Additional Rent") a1 I other amounts,
liabilities, and obligations which Lessee herein assumes or agrees to pay. In the
event of any failure on the part of Lessee to pay any Additional Rent, Lessor shall
have the rights, powers, and remedies provided for in this lease.
F. It is intended that the annual fixed rent, as adjusted, provided for
in this lease shall be an absolute'ly net return to Lessor, and except as otherwjse
express'ly provided herein shall be paid to Lessor without setoff, counterclaim,
abatement, or deduction. Accordingly, al 1 costs, charges, expenses, and obligations
relating to the premises and any buildings, equipment, or improvements on the
premises, includ'i ng maintenance, repairs, costs of replacement, renovation,
remode'l ing, razing, removal , or alteration of buildings, equjpment, or improvements,
insurance, taxes assessments, and all other costs, charges, expenses, and
ob'l igations of any kind now or at any time imposed upon or related to the premises
or buildings, equipment, or improvements on the premises, shall, duri ng the term
hereof, be paid for by Lessee unless otherwise herein expressly so provided.
3. Lessee shall not, without prior written consent of the Town, construct
additional improvements on the leased premises other than ordinary repair on the
existing popcorn wagon and the storage faciljties already in place. In the event
that additional improvements are constructed, wjth the Town's consent, Lessee agrees
to pay promptly, when due, any and all legitimate charges for such construction, and
to hold the Town harmless from any and all ljability, including court costs and
attorneys fees, arising out of any claims, demands, 1iens, or encunbrances of any
kind or nature whatsoever which are related to such additional construction.
4. A. Lessee may install, maintain, replace and remove during the term of
this lease agreement such equipment and faciljtjes as jt may require for use of or
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in connection with its operations hereunder on said premises. Lessee shal1 pay in
full for all labor performed upon and material furnished to said premises, at the
instance or request of the Lessee, and shalJ keep the whole thereof free and clear
from an-v and all ljens whatsoever including but not limited to liens of mechanics or
materialmen. Lessee shal 1 post, and keep posted, upon said premises notice to the
effect that the same are leased and that the Lessors shall not, nor will the said
premises be l iable for any labor performed upon or materjals furnjshed to said
premises at the instance or request of the Lessee. Any and al 1 permanent structures
placed upon the demised premises by the Lessee will and shall become the property of
Lessor at the terminatjon or expiratjon of the leasehold hereunder.
B. Lessor shall have no duty of maintenance or repair w'i th respect to the
premises and buildings, equipment orimprovements thereon. During the term of this
'l ease, at its cost and expense, Lessee shall keep and maintain the premises and al'l
buildings, equipment, and improvements thereon in good order, condition, and repair,
and make any and all necessary repairs thereto, interior and exterjor, structural
and non-structural , ordinary and extraordinary, and foreseen and unforeseen- At the
expirat'ion or termination of th'i s 1ease, Lessee shall surrender the premises free
from all improvements, fixtures, buildings and equipment etcetera, removed from the
premises; and the premises shall be left broomclean and in good condition.
C. Lessee shall take good care of the premises and any buildings or
improvements thereon and keep the same free from waste at all times and in a clean
and orderly condition. Lessee shall keep the premises and any building or
improvements thereon, and sidewalks, serviceways, and loading areas adjacent to the
premises or any buildings or improvements thereon, neat, clean and free from snow,
ice, dirt, and rubbish at all times, and shall store all trash and garbage withjn or
off-site of the premises, arranging for the regular pickup of such trash and garbage
at Lessee's expense.
D. Lessee shal 1, at Lessee's own cost and expense, comply with all
present and future laws, rules, requirements, orders, directions, ordinances, and
regulations of the Unjted States of America or of the State, county, and city
government or of any other municipal , governmental , or lawful authority whatsoever,
whether such requ'i rements may relate (a) to structural or other alterations,
changes, additions, or improvements relating to the premises or any buildings or
improvements thereon; or (b) to repairs, inside or outside, extraordinary or
ordinary, relating to the premises of any bu'i ldings or improvements thereon may be
used or occupied; or (c) to any other matter affecting the premises, whether like or
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unljke the foregoing, and Lessee shall indemnify, defend, and save harmless Lessor
from and against any and all fiabilities and penalties, including attorneys fees
incurred by reason of any vjolatjon of this Section.
E. Lessee shal 1 operate jts business jn an efficient, businesslike and
respectable manner, maintaining the demised premises with a ful'l staff of employees
and a ful'l stock of merchandise of the quality, kind and type wh'i ch the Lessee
usual ly sells.
5. A. Unless otherwise specifically provided in this'l ease, thjs lease shall
not terminate by reason of the destruction or damage, jn whole or in part, of the
improvements or by reason of the untenantability of the improvements, and the rent
reserved jn this lease, as wel I as all other charges payable hereunder, shall be
paid by Lessee in accordance with the terms, abatement, diminution, or reduction.
B. Lessee sha11, for itself and for the protection of Lessor, throughout
the term of this lease and any extension hereof, carry, at Lessee's sole cost and
expense, general liabiljty jnsurance against all claims for persona'l injury, death,
or property damage occurring upon, in, or about the entire premises, buildings, and
improvements presently situate or hereafter erected thereon and in or about the
sidewalks, parking 1ots, or other property owned or controlled by Lessor or Lessee,
and wjth respect to which Lessee or Lessor have a lega1 duty, and with nespect to
a1 1 claims, demands, or actions arising out of or in connection with Lessee's use or
occupancy of the premises, buildings, or improvements presently situate or hereafter
erected thereon, naming Lessee and Lessor as coinsurers with minimum limits of
liability of five hundred thousand dollars ($500,000) to cover personal injury or
bodily injury to any one person, one mjllion dollars ($1,000,000) in respect to any
one accjdent or disaster. If higher policy limits or coverage of rjsks not
heretofore insured against shall at any time during the term of this lease become
customary and reasonable for premises or bui'ldings and improvements of similar type,
size, and location, to protect against possible tort l'iability, Lessor reserves the
right to require Lessee to increase the amount of such insurance or carry additional
i nsurance.
C. Lessee shal1 provide and keep in force, for the protection of Lessor,
Workman's Compensation Insurance coverage as may be required by the statutes of the
State of Colorado or any applicab'l e federal or municipal laws or regulation'in
effect at any time during the term of this lease.
D. Each policy of insurance required under this Article shal l provide:
(a) (unless it is not customary in the industry to so provide) that no act or
-5-
missjon of Lessee shall result in a forfeiture of such insurance, and (b) a waiver
of subrogation. If any or all of such agreements cannot be obtained wjth respect to
any policy, Lessee shall notify Lessor to such effect, and Lessee shal 1 accept any
insurer.of recognized responsibilities named by Lessor which wjll consent to include
such agreements in a like policy, provided that the inc'l usion thereof does not
require Lessee to pay any additional premium.
6. Upon the happening of any one or more of the following events, Lessor may
give notice to Lessee stating that the tern of this lease shall expire on a date
(not less than five (5) nor more than ten (10) days after the giving of such
notice), and, if such notice shall be given, the term of this lease shall expire on
the date so stated, by f imitation of time:
A. The making by Lessee of an assjgnment for the benefit of its
credi tors.
B. The levying of a writ of execution or attachment on or against the
property of Lessee and the same is on or against the property of Lessee and the same
js not released or discharged within forty five (45) days thereafter.
C. The jnstituting of proceedings in a court of competent jurisdiction
for the involuntary reorganization, liquidation or dissolution of Lessee, or its
adjudicatjon as a bankrupt or insolvent, or for the appointment of a receiver of the
property of Lessee, and said proceedings are not dismissed, or any receiver, trustee
or liquidator appojnted therein is not discharged within sixty (60) days after the
jnstitution of said proceedings.
D. The instituting of proceedings for the voluntary reorganization,
bankruptcy,'l iquidation or dissolution of Lessee or jf Lessee shall otherwise take
advantage of any state or federal bankruptcy ori nsolvency act.
E. The doing or permitting to be done by Lessee, of any act which creates
a mechanic's lien or claim therefor against the land or building of which the leased
prem'i ses are a part and the same is not released or otherwise provided for by
indemnification satisfactory to Lessor within thirty (30) days thereafter.
F. The failure of Lessee to pay any installment of rent, or other charge
or money obl'i gation herein required to be paid by Lessee, within five (5) days after
same becomes due or to perform any one or more of its other covenants under this
Lease within ten (10) days after written notjce.
G. No surrender to Lessor of this lease or of the premises, buildings, or
improvements or of any part thereof or any interest therein shall be valid or
effective unless agreed to and accepted in writing by Lessor, and no act by Lessor
-6-
or any representative or agent thereof, other than such a written agreement and
acceptance by Lessor, shall constitute an acceptance of any such surrender.
Notwjthstanding any termination, Lessee shall remain ljable to Lessor as hereinafter
provi ded.
7. A. Upon any termination of the estate as aforesaid, Lessor may reenter
the leased premises wjth or without process of law using such force as may be
necessary, remove a1 1 persons and chattels therefrom or may at Lessor's option,
change the locks or otherwise refuse Lessee access to or possession of the deniseo
premises except reasonably necessary access for Lessee's removal of jts personal
property therefrom, and Lessor sha'l I not be'l iable for damages or otherwise by
reason of any of its acts in accordance herewith. Notwithstanding such teruinatjon
by Lessor, the liability of Lessee for the rents and charges provided for herein
shall not be relinquished, djminjshed or extinguished for the balance of the term of
this lease. And it is further understood that Lessee wiil pay, jn addition to the
rent and other sums agreed to be paid hereunder, additional sums as reasonabJe
attorneys fees jn any suit or action instituted by Lessor or otherwise incurred by
Lessor to enforce the provisions of this lease, or the collection of the rent due
Lessor hereunder provided Lessor prevai1s on any claim in such suit or action. Any
property belonging to Lessee or any person holding by, through or under Lessee, or
otherwise found upon the leased premises may be removed therefrom and stored in any
warehouse at the cost of and for the account of Lessee. If Lessee should abandon,
vacate or surrender sajd premises or be dispossessed by process of 1aw, any personal
property 'left upon said premises may be deemed abandoned, or at the option of the
Lessor, and upon such reentry, Lessor may take possession of any and al1 furniture,
fixtures or chattels jn or on said premises and sell the same in whole or in part,
without fjling suit or obtaining any execution order or decree, to the highest
bjdder for cash with or wjthout said property being present at said sale (Lessee
agreeing to make delivery thereof to the Purchaser), and apply the proceeds thereof
to the payrnent of costs and expenses of taking and removing said property and
ho'l ding of said sale and of rents and amounts owing Lessor, and Lessee agrees to
make good any deficiency. Lessee expressly releases Lessor and jts successors and
assigns of all claims which might exist by reason of any termination of or reentry
under this lease or removal of Lessee's property, pursuant to the provisions of this
Article and hereby wajves any and all rights of redemption under any statute or rule
of law in effect at the tjme of termination or reentry.
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B. In the event of any breach hereunder by Lessee, Lessor may innediately
or at any time thereafter, without notice, cure such breach for the account and at
the expense of Lessee. If Lessor at any time, by reason of such breach, is
compelled to pay or elects to pay, any sum of money or do any act whjch will require
the payment of any sum of money, ori s compelled to incur any expense, including
reasonable attorneys fees, in instituting or prosecuting any actjon, proceeding or
otherwise incurred to enforce Lessor's rights hereunder, the sum or sums so paid by
Lessor, with interest thereon at the legal rate from the date of payment thereof,
shall be deemed to be additional rent hereunder and shall be due from Lessee or
Lessor on the first day of the month following the payment of such respective sums
or expenses.
C. Notwithstanding any termjnatjon of thjs lease or reentry into the
leased premises by the Lessor, Lessee shall be'l iable to Lessor for damages for
breach of Lessee's covenants under this lease, plus all costs and expenses incurred
by Lessor in connectjon with reentry and the repair, renovation, broker's
commissions, counsel fees, and other charges incurred in connectjon wjth a reletting
of the leased premises. If, because of any bankruptcy, insolvency, or similar
statutes, the right of Lessor to collect damages shall be ljmited to an amount less
than would be payable in accordance with the provisions of this lease, Lessee shall
be liable to the Lessor for the full amount of damages recoverable by Lessor under
the ci rcumstances.
8. At the expiration of or earlier terminatjon of the term of this lease,
Lessee sha'l I peaceably surrender the leased premises in the same conditjon
including, but not limited to the conditions of cleanJiness, as the leased premises
were upon the commencement of the term of thjs lease, ordinary wear and tear
excepted to the extent the leased premises are not required to be repaired andlor
maintained by the Lessee. At the expiration of the lease term, the Lessee shall
remove the popcorn wagon provided that he is not at such tjme jn defau'l t under the
terms of this lease.
9. Lessee agrees to indemn'i fy and save Lessor harmless against any and a'l 1
claims, demands, damages, costs and expenses, including reasonable attorneys fees,
arising from the conduct or management of the business conducted by Lessee jn the
'leased premises or from any breach or default on the part of Lessee to be performeo
pursuant to the terms of this 1ease, or from any act of negligence of Lessee, its
officers, directors, agents, contractors, servants, employees, sublessees,
concessjonajres or licensees, in or about the demised premises, the sidewalks and
-8-
ground adjoining the same, the loading area allocated to the use of Lessee, and any
other area of the premises. In case of any action or proceeding brought against
Lessor by reason of any such claim, upon notice from Lessor, Lessee covenants to
defend such action or proceedings by counsel reasonably satisfactory to Lessor.
10. Notices hereunder shall be deemed sufficiently given when deposited in the
united states Mail, postage prepaid, certified, return receipt requested, and
addressed as follows:
To Lessor:Town of Vai I
75 South Frontage Road
Vai1, Colorado 81657
Attention: Town Manager
J. Ila Buckley
P. 0. Box 263Vail, Colorado 81658
To Lessee:
11. Lessee may not assign this lease to any other party w'i thout the written
consent of Lessor first havjng been obtained, whjch consent shall not be
unreasonably withheld, based upon the character, business experience and financial
stabiljty of the proposed assigned.
72- This agreement shall be binding upon and inure to the benefit of the
parties hereto, their respective heirs, executors, administrators, successors and
ass i gns .
13. Lessor acknowledges receipt from Lessee of the sum of three hundred dollars
($300) to be held by Lessor as security for the payment of any rent and all other
sums of money payable by Lessee under this lease and for the faithful performance of
al 'l covenants of the Lessee hereunder. The amount of such security deposit, without
interest, shall be refunded to the Lessee at the termination of the term of thjs
1ease, provided that the Lessee shall have made all such payments and performed all
such covenants. Upon any default by Lessee hereunder, all or part of such security
deposit may at the Lessor's sole option be applied on account of such default, and
thereafter the Lessee sha'l I restore the resulting deficiency in such security
deposit upon demand. Lessee hereby waives the benefit of any provision of law
requiring such security deposit to be held jn escrow or jn trust and such security
deposit shall be deemed to be the property of the Lessor and may be commingled with
Lessor's other funds.
14. The waiver by Lessor of any breach of any term, covenant or condition
contained in the lease shall not be deemed to be a waiver of any subsequent breach
of the same or a waiver of any other term, covenant or conditjon contajned in this
lease. The subsequent acceptance by the Lessor of rent due hereunder or any or all
-9-
other monetary obligations of the Lessor hereunder, whether or not denoted as rent
hereunder, shall not be deemed to be a waiver of any preceding breach by the Lessee
of any term, covenant or condition of this lease, other than the failure of the
Lessee to make the particu'l ar payment so accepted, regardless of the Lessorts
knowledge of such preceding breach at the time of the acceptance of such rent. No
covenant, term or condition of this lease shall be deemed to have been waived by the
Lessor unless such waiver be in writing and executed by the Lessor.
15. Lessee shall not record this lease without written consent of the Lessor.
16. This lease agreement sets forth all the covenants, promises, agreements,
cond'itions, and understandings between the Lessor and Lessee concerning the demised
premises and there are no covenants, promises, agreements, conditions, or
understandings, either oral or written, between them other than as herejn set
forth. A1 I prior communjcatjons, negotiations, arrangements, representations,
agreements, and understandings, whether oral , written or both, between the partjes
hereto and their representatives, are merged in this agreement and extinguished,
this lease superseding and cancelling them. Except as otherwise provided in this
lease, no subsequent alteratjon, amendment, change, or addjtion to thjs lease shall
be binding upon the Lessor or Lessee un] ess reduced to writing and executed by the
party against which such subsequent alteration, amendment, change or modification is
to be enforced.
IN hJITNESS WHEREOF, the parties hereto have duly executed this agreement the day
and year fjrst above written.
LESSEE
ATTEST:
TOtllN OF VAIL,
a muntc corporati on
-10-
Exhibit A
Part of Lot 1, A Resubdlvlslon of Part of Lot a & Part of Lot c, Block
5C, Val1 Vlllage Flrst FlLlng accordlng to the nap thereof recorded ln
the office of the Eagle County, Colorado, Clerk and Recorder described
as f oLl-ows r
Beglnnlng at a point vhence the southeast coroer of said Lot 1 bears
S24oE 56.0 feet; thence the fol1owlng 8 courses, I) S81o45tW 14.0 feet
2) N08o15'll 10.0 feet 3) N81'45rB 6.5 feet 4) N08ol5rW 5.0 feet
5) N81c45rE 3.0 feet 6) s08o15rE 5.0 feet 7) N8to45'E 4.5 feet 8)
S08c15rE 10.0 feet to the polnt of beglnnlng contal.nlng 155 eq. fr.
uore or leis.
Date /H/er_71___
N8to45'E
3.0'
N O80t5'W
5.0'
NO8<'r5'Wro.o'-
POPCORN WAOON
LOT I
( FOUNOERS PLAZ A )
OUTLINE OF PLAZA LOOGE
o80 t5' E
3,O'
N I I o45'E
4.5'
PLAZA LODGE
,-SE CORNER LOT I
8ro45'E
6.5 -s 080t5 'E
t0.0'
UTILITY CONNECTIOI{
D-l.l
D
o
te
SCALE
tiie:ruli';;:"fu,/Zl^#*'i:Wp"
PARCEL DESCRIB€O
ABOVE
s?9"]#
Exhibit A
Part of Lot l, A Resubdivlslon of Part of Lot a & part of Lot c, Block
5C, Va1l Vlllage Flrst Filing according to the map thereof recorded in
the offlee of the Eagle county, colotado, clerk and Recorder descri.bed
as followsr
Beginnlng at a point whence the souEheast corner of sald Lot I bears
S24"8 56.0 feet; thence the following 8 courses, 1) S81"45rW 14.0 feet
2) N08"15rw 10.0 feet 3) N81"45'E 6.5 feec 4) N08"15'w 5.0 feer
5) N8l'45rE 3.0 feet 6) S08"15r8 5.0 feeE 7) N81.45'E 4.5 feet 8)
S08oL5rE 10.0 feet to the point of beginning conraLning 155 sq. ft.
more or less.
Date
OUTLIN€ OF PLAZA LOOG E
PLAZA LODGEN 080 t5'W
5.O'
N I ro45' E
N8to45'E
4.5'
6.5 s o80t5'E
ro.o'
Leland f..LechnColorado P.L. S
e_lolo1oo.
(n
5'E
I.r;
N8to4
3.0'
o80 t5 E
5.O'
N O8(' t5
ro.o'
POPCORN WAGON
UTILITY CONNECTION
s8to45'w
t40'
q
-lD
l'|
\i
LOT I
( FOUNDERS PLAZ A )
SCALE
PARCEL OESCRIBED
ABOVE
s 1e'g 'oo" !
ss 'o9
,-SE CORNER LOT I
Itu_*<:,€ Rp.oeu Ldn G c,v
MEr,l tt
PuPeon^t
?xerzE6
Hor Doc-,s
B<*rw,"Rs Ts)DuueBeRel i{uFrrrrl5
FAlelr Nj*T jrtxpprxls
E"lGutSU lvlappr,Ut
Ba qE ts
NarrrEs
Cooxras
CaepEs
ESq S'\^JDtr,rrct{ES
Ve *,ro,.ts Sr+r.tUnr tcHF-S
CH,tt
AJ*cHos
C*lpg Snus
Ptzz[
5lo Cor..res
Srr Toe Crex,,^-
FBozeil UoGr^i?'T-t
IACOS
H n r.nBr,^.nGegS
S"".1
Cdwntt- CoRnt
C rcolSr**rs
?a(c*K€s
Corront Cn^rpv
I
EXHIBIT B
CoTEEE
J-lor CnocouA'T€
Aperz C r D€t"
P"i,
nu,<AA/€;€, J ". rCE
GnnPnt--Rurt lf-u.rcE
Lgr"ro^lADg
f-R,a, r F.r ilc *
rvrro y'ox.x Sarr=eR
Mrr-K'
tt tlcKofcl^ H g g-:-f [rf:l l:F(.];\\ll:7.rssuE DATE (MM/OIyYY)
aa tia f a',
PSOOUCER
Allen Insurance Agency
Box 510
Eagle, C0 81631
THIS CEFTIFICATE IS ISSUEO AS A MATTEN OF IIIFONIATION OiILY ANO @NFEBS
NO RIGHTS UPON THE CENTIFICATE HOLDEN. THIS CEFTIFICATE OO€S NOT AI'ENO.
EXTEND OR ALTER THE COVERAG€ AFFOFDEO BY TXE POLICIES BELOW.
t
F
ri
F
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A The Travelers
8#EA*" sINSUREO
Torinors, Buckley J. Ila DBA
2111 N. Frontage Road
VaiI, C0 81651
CoMPANY riLETTER V
8gEA"" D
.9.o#EA*t E H
E
ThIS IS TO CERTIFY THAT POLICIES OFINSURANCE LISTEO BELOWHAVE BEEN ISSUEDTOTHE TNSUFED NAMED ABOVE FON THE POLICY PERIOD INOICATED.
NOTWITHSTANDII{G ANY REOUIRE,I|ENT, TEF.IT OR COIiDTTION OF AT.IY COiITRAC' OR OTHER DOCUMSNT WITX RESPECT TO WHICH THIS CERTIFICATE MAY
qE, rssuED oF rrAY PERTATN, Ti.rE jHSURANCE AFFOnDED By tHE POLTCTES OESCRTBED HERETN tS SUBJECT TO ALL THE TEF S, EXCLUS|oNS, ANO CO D|.TtoNs oF sucH PouctEs.
co
LTF TYPE OF INSURANCE POLICY NUMBER POI.ICY EfFECTll,t
OATE (MM/DO/YYi
POLICY EXPIMTIOTI
0,1Tt {M\t00YYl
LIABILITY LIMITS IN THOUSAI{OS
c{;c-drl€a,iCE AGGNEG$TE
A
cl
X
UABIUTY
COMPREHEI,ISIVE FORM
PR€MISES/OPEMTIONS
UNOERGROUNO
EXPLOSION & COLIAF6E HAzARO
PBOOUCTS/COMPI.EIEO OPEMTIONS
COI{IRACTUAL
INOEPINOENT CONTMCTORS
880AD FOR PR0PIRTY OArr,lAGE
PEBSOI,/AT
650-to9F 465-4-TRr-86 11/O1/87 11/O1/88
SODILY
INJURY s $
;
il
PFOPERrY
OAMAGE $$
8r &PO
COMANEO $1 ,ooo $ 1,ooo
PERSONAL INJURY
AIl JTOUOaILE LIASILITY
AI1Y AUTO
ArL 0wNE0 AUT0S (PR|V. PASS.)
ArL owruEo AUTos ($Iiutrrl$)
HIREO 4I'T06
NON4WNEO AUTOS
GARAGE LIASINY
NUNY
iPfR ptfls0{)$
l moliY
if{Jll8Y
Irfn lluot{0 c
I
l
---J
PROPEFTY
DAMAGE c
--l &aPo
COMAINED $
EXr
'ESS
LIABILITY
UMSRELLA FORM
OIH€R IHAN UMBFIILA fORM
ar tPo
coMsrr{Eo D $
A
WORKERS' COI'PEHSATION
ANO
EIPLOYERS' LIABILITY uB-309F465-6-86 11/O1/87 11/O1/88
STATUIORY
$ 1nn {tAcH ACCTDENT)
$ qnn (DISEASE-P0I|CY l-tMll)
$ luu {o6rAst.EAcH EMpLoyEo
OTHER
DESCRIPTION OF OP€FATIONS|/L@ATIONS TEHICLES/SPECIAL ITEMS
Popcorn ldagon
1shJ6 0f Vail
VaiI, C0 81658
SHOULD AI{Y OF THE AEOVE OESCRIEED POLICTES 6E CAIIC€LLEO AEFORE TH€ EX.
PINATIO OAT€ THEREOF, THE ISSUII{G COUPA Y WILL ENDEAVON TOIIAIL OAYS WRITTEN OTICE TO T}IE CEFTIFICAIE fiOLOER NAX€O TO THE
LEFI, 6UT FALURE TO UAIL SI'CH NOTrcE SHALL MFOSE I{C' OAUGAT'IOI{ OF LIAEtITY
-€F.Tf,TRFD.UPoN IHICoMPAI{Y. t'slAGENTs oR REPaeSE TATIVES.^WHW1
vtLLAGE POPCORN WAGON, lNC.
P,O. BOX 263 303/476-1992
VAI L, COLOBADO AI658
tI?!ara?totl a ttou ra?
DOLLARS
a2.550
1021
140 3
FIFST NATIONAL BANK OF VAIL
Vall, Color€do 81667
il.oo I l.o 1il. r: LO e lo 5 50 e,:ooo
VILLAGE POPCORN WAGON" INC.
vt LLA^c E I_OPCO RN WAGON, I NC.P.O. BOX 263 303/476-1992 .
vAt L, coLoRADO 8.1658
lx?l.araTtor
^[outt?82-550
1o.21:.40I
Y ----JOUNT
lat
FIRST NATTONAL ganr Or VA,.V.ll, Coto.6do 81657
il.OO I t.lO qil.r:loet0550er:OOO L?B:1il.
txrraiarlolr a !aou tal g2-55C
t02lVILLAGE POPCORN WAGON, INC.
P.O. BOX 263 303147&.1992
vAlL. coLoFlADo 81654 1407
POPCO FI N WAG
fn 0f I".8 '{r 2 an d S li cts DOLLARS
FIFST NATIONAL BANK OF VAIL
V6ll, Color€do 81657
CHECK
AMOUNT
VILLAGE POPCO FN WAGON, I
il.00 I l.o ?nr ri l0 2 lo 5 50 ar:000 ! ?Ef il'
@
TO:
FROM:
DATE:
Town Council
Connunjty Developnent
May 5, 1987
su&TECT: Vait virrage and Lionshead popcorn waqon LeaseNegotiations: owner, Village'nop"oin'wagon, Ms. IlaBuckleyt or,\r_ner, wagon oi th6 uali, r,ionsf,eaa, I,rr. oanMurrooney, Mr. nosi Davis, Jr. ."d r,1".--carl Dietz
I. APPLTCANTSIREQUEST
The owner of the vait Virlaqe popcorn wagon, and owners of theLionshead- popcorn wagon are-inieiesled !n negotiating new reaserates with the Town councir. ai-tr,i" tir"l-Etr"-iionsheadpopcorn wagon has a lease which began in rerruiry rges anaextends until ranuarv leeo. rhe fi;; t;";-r;;;!'r"quir"" "mininum rent of $ao,-ooo.
I!: Vilfage popcorn wagon was relocated on Town of VaiIproperty when the prazi f,odge remod,ered a"ri"g--the surnner of1985. Due to the rernodel , €he popco"' wa$on io'ia no longer belocated on ptaza prgpgTty; as ctrisiv sp"it.'"iiiia"a on thewest side of the buiidina: rne rounaers' plazi was designedto allow for the popcorn wagon to be moved inio-tnis area. onqu+y 4, 1986, th?. popcoln yigon opened for business on Town ofVail property. ttrl -statf is-il iir" p.o""s" "i-""ranging aLease with IIa Bulkley.
fn a letter dated March 13, j.gT7 | Ross Davis explains theownersr reguest for a lease renegotiation:
t,.:.:TI" wagon on the Mall operation has grossed g41,000and 932,000 in its two years of operaii;":--ihe numbersare consisrent with the historicai ;;;;;;= ir tn" v_i:.village popcorn wagon and based on the-."p"ri.r"e of theoperatorsr ![ross sales shou].d stay wiitrir-lt"". parametersover the next few years.
Enclosed herewith please find copies of the balancesheets, staternents of earnings flr the wagon on the Malrfor_the years 1985 and rgee ;hi"h-";i.;"it" "rrrrent cost
:f *:":":1";l:;:" or twentv percent or the sross revenues
l=,y"g know, Fair Market percentage rents in the Town ofvail for a restaurant operation rarely exceed gg of grrossfor rental , and_the gro-und rental o" i .g""iJ foot basisexceeds two hundred dollars per square fo-ot per year.
we at this tine request that the Town councir inconnection with setting the rentar rates-iJi-tn" ViLlage
Popcorn Wagon, reassess and.renegotiate the lease chargedfor the wagon on the Ualt iionshead Operation to nake thelease cornpirabr" ura .e"itifr..
As the Torlrn. pays the utilities-on the Lionshead operationand does nor- p-y then o, tr," viriag;-r;;;i;", the renrs. on the Lionstread operation should 6"";;;-a;it charged tothe vir-rage. operation uy-appi"*irai"rv-suiii* r"ur estirnate)or the Townrs carcurati-on li actual "i,"i=-io" providingthose services.
In.connection with entering into the originat leaseagreement with the Town, tfre wagon on tn6 uaff paia tapfees and-hook-up fees in ifr. arourrt of g16 .752.61,, as well,- '-ls.paying a seci:rity a-jo=ii of g2,ooo to the Town ofVait.
The'rentat l?!: was set lt $s,000 per year which at theti-me was reasonabre based-ot, irr" "!ti.iii"r,"tf gror"revenues or-lgtwgen s9_o,ooo and srzo, ooo-p"=' y".r... - - €xpefience has shown ttrit-i.rre business did not sustain'those gross.revenues,- and the tixea ".t"-""t'!red_into atthat tirne did not coinciaetrittr-trr" "iiiriv"lf rhe--i.::- - business:,to pay ""rri.-
---- 'l
- !{e wouLd respectfrrlly reguest that the_Town .eouncilconsi-der setting trris ma€ter !o.q consiaeiition at a worksession arons witn tne a"i"n i"itr;;-;;-;;J^l"nt= ror theVillage popcorn wagon so that the two o"=irr"l=.s which areso inportant-to th6 characier or the vair-"xp"ri"nce can
to benefit the overa]l conrnunity.:::--(;i;;;; see theenclosed letters. )
Il 9Ta:r to make a reasonable d6bl.sionstaff- decided to contact,.r"rr"".i otheithat flaire vending op"."iio.,s-li*puuricresults of this iesearch:
II. AACKGROUND RESEARCII
L;' ' 'Towh.of-Aspen,
auai-tor foi-tne
on this reguest, theski towns and cities -,
property. Below are the
: c6ntaeti-Mr. Larry Thoreson, accountfinance department qlS-aX; -'''
, Mr. Thoreson stated that they. do have a popcorn r.ragonin Aspen, however, it is io"ut"a ""'p"i"Ii5"irop".ty.-The- onl_y cornparable figure that asfe;-;;-;"i a usesuch aS the popcorn wafon was an amount that the city' . charses f9J outdoor diiins d.ecks ;hi;i;=d[!ia out- frorn restiirranti. onto ttre-rnatt "r.u.
:--rfr;;;ycharses $, q:: :ry1r" foot ler monrh. This charge. :g"ulr $za per square.foot i., y..r,: ai-'[iiJ tir"*'' '-the citv councir-is thi;kin; of-changi"g il;"-aorr."
amount per scfuar"_I?-?!: Their opinion is that it istoo low. The S2 anount was arriiett at by callinaother restaurants that h;;-";;;or aining space 6nprivate tand. rhe. sdafi-;";;-;;etermination of whatthat space hras worth. o""-r."J"i to, the lower pricewas that the deck space i; Gili; ;;iy-;;ri;;=;":iweather.
Exarnple: Wagon Area = Z4O sf (t2tx2|,) x $Z = g4BOper nonth lease. year leas" ]-Is,zeo
2.
: stearnboat springs does not arro'r any vendinq onpublic property-aue to tn. ""rp"tition it w5ufdcreate with merchants. rrr"-oniv .ppif"iur""- conparison was a Sno_Cone cart which was allowed to- operate in.one of.their town parXs. The Sno_coneopera.o' ".:^T:9"1."d.l" p.v -$io6-;"r^;;";ii; plus she' paid for a sales tax liceirs6 and peddler,s iicense.
:_-.:-_ -:_Ll sqr''lrudF 5prlnq.s, contac-t: Ms. Michelleuanmler, accounts reTEnfrE' cterk r+1- ;itcj--e*sr.rc
ffi,
contact: Ms. carrie Folger,
3i
ttt
.'-
q :-l.al r.0 :-,J t)a
In crested lutte,,they.have-a license caLled arrbusiness occupu.iio"-ii"""".ng_ taxr, (BOLT) . The taxis based on thl "G;-";;-;i-ernproyees that thebusiness has. trris iyfie-ir'tu*. is applied only tofood vendt"Z.__r!: ""i,5i"|-"f orher items is notallowed. A:_11 example, iwo_ ernployees requires gtooper year, three_ to seven empr;t;;_;;o-;E;.y"u",eisht a" tu.-:llroyees, --saiil
. ana re 'to - zi -lmbr.oyees,
$1,ooO per year. -Each BoLT,is reviewed by tire town-:_-_:_-Corlei} .,*l:^!1",r""LV go"s to the Charnb6r or. ..conmerce. There is no-cianse-in-i"i!r-ii=irr!-
, :. _:g"ratio,1 is: gn- public e;-i;;i";i."^ijii..' *
4-.' SgyFtpne, sontact: Ms .
- Dorie- ,Jenson I commercial .operations for Keystone O-rr.ropr"nt Corporation
Keystone reguires 10? of qross, sales,for a crepewagon which is located. at-the b-ase of the rnountain.The crepe wagon- owner puy" io" her own utitities. asmal1 .deck ii also f"ciila iround the.crepe wagon.
Exarnple: $39, oOOye?r average gross x ,10 = $3r9OO per
lgrwl_of _Telluride, ,contact: Ms. . iesliei*=-^. ?w-lysi Sherlock, Town
5.
6.
7.
Te1luride allows for five vending operations ong3!-ric property.-. The-ve;ding operalions are srnaLl,pushcarts_ approxirnately 3ry5iy7'r. Food vending hasincluded burritos, hotlogs .na lot potatoes. it"appligan! is reguired to-pay ioi r business license.whi-ch ls usually around $io-o ana i" t;;d-;"-[;;''
l:P:" of enptoyees. The owner ir-"r="-"tJ.qJ;-Seoper month for the.lease space on puriic p;;#;iy'The operation must fe insiected- by the healthinspector. The carts .r"-..*o.red-every--;G;t-. Theowner rnust also provide liabil.ity in=uiancEl--rt"veiid_ing operation: lre "ppro*r-a-by the to*r,r M.rrig...The Town Manager deterrniir-es ii-tire cart is attractiveand. contribut6s to the amfiance-of the Town. TheTown Manaser mav-deny the request if it-i;--i"fi"in.tthe operafion wift detract from the Town.
E-xarnple: 12 . months x geo = gTl}lyear
+::=o:f:SuElgr-. f.o+tgg* Mr. criff Bilyew, Buitdinsrnspect.or J.'l |-56}}_
Venclin'5fofurdn.*property is not allowed.
S+I=S+glger,.,..gontact_: Ms. Mary smario, parisDepartment .t(.tt- jtl t
The Parks Department handles all vending operationson the Boulder M111. The vending opera€i"is-iie--
?c!l?Ify-reviewed by a five nemb6r MalI commission.Applications are taien tron Jinu.ry to February eachyear- perrdits -are arirardea' in-iiirci and "."-""l*iirvfgt^l-three year period. trre cfrirge for the permit+s-$L44 per month in June, .ruly ind August. ih;--y39?l:. 11e. _reeuired.to be in oleration-a"iing-fili=!:Il:9 ll_-th:v receive a perrnil. Durins tr,e'"ii--season from September through May, the 6arts ao-nothave to oDerate and are.chaiged 6i.rry $sg ;;; ;;"il;.-tt_te-l'taff
-comirission reviews.f,tr,ur, des ign,of thecarts, and hours of operation. aiter if,i".-vJui=,the business is required to reapfry for another threeyear permit. presently, soulde^r'rris s-ve;;;;;- 1j'.perFloc! and ur9 mal1 is +'ff ocXs iorrgt .
9Tl1pf"t 3 months x gj-44 = $432, 9 nonths x g33 =$297. $ZZg total yearly raie
S+X-gE_!gnveI, 16th Street Malt, contact:
_.rr3r:nersnrp, M.s. Merle Miser Sl"i_ Uibt
8.Denver
The Denver partnership. manages all vending on the1-6th street Matl. caits ar5 crriiqea giso'p"i: i"rtt,
f3tsioll"se area. rn uanuiiy-iii'r"uruary'trre-"ciiJree
Example: 1O months x gL5o = gl_500,= g2oo = $1zoo totar yearly l"i="
Accordi.ng to one real estate office, enclosedrestaurant. space within f,ionsheaa ranges frorn g15 to$2o.per !{uare foot. fn the vifiage, it wasestimated that the maximum "rorrrri lras approximately$30 per square foot.
Another real estate firrn estinated that in theVilJ-age the lease rate for restiurant space isapproximately $20-25 per =qo"r" ioot or zg oi the9losl=_s_1leq, _ whichever is ireater.
Additional real estate research cited a Lionsheadrestaurant rate at- gL5 .62/sq ft. virraqe-r.rlJiiu"trates varied fron. gzlsq tt,'Sis/=e ft, €" Saol"q-it99Pgl{i"s on rocatio'n i"a i.;;i'or tn" restaurantlrithfn the-buiding.
I! i= difficult to coropare retaurant rent rates toIl:_!"?:"_rn $ragon, a" irprov"a, -"""f"sed restaurantspace j-s more expensive
2 rnths x groO
- 9.
rlr.
9i":l this infsrTla+:l: ir appear= .th3! there are many ways tohandle settins the r-eale-pri'r'"-i"r borh r;;;;=:--presentry, theTown requires that the r,i-onJheai-popcern vragon pay a totalanount for a five- year. Lssge rega_rdless of the gross. Thisdecision wEs nade, : in-parr, aue-[b-[tr.-ti"t-liiE'it i= often_difficult.to veriiy,grb==, :.i; Jr.trri" type of business. rtrdas felr that it wouid, be rnuch ""=iii-[o-;;;;-";;n a totallease-amount and then-iEirii."tir. "ro'nt to be paid.over theperiod of the lease.
Staff would reCornmend that 92 per square. foot, per nonth or g24per square foot per year be thl lease rate forlthe wagons.This witl rower itre innuai-d;;"[ from g8,ooo to 95,760 and issupported by the Aspen experience. a sii6nt-aiirJrence in therate for the two j$_gg-ns mly be wqgggnt-eg.-given-the fact thatthe owner F-t-l-the. virtage "lson puvs "r-1,.-6er'o"r,=-it:-rities.
Restaurant Iease
r
8.fiir,*-8q.5ffifG[rffi]rer vbndr {r+mre -. \
un(fr;L, f,ontd6s ltnffim&tu*,'U r":
o ffi1W,p
ffi
)
r,trq
rqr)
BPh,b
L nol a hugr ord+oiJ
6,*.1 eph
r";,i**,!tffilLkert:ft.-,
a^,'ieLiry.,rjrl too
ttso/ga.
ilSt $*'
ftlaq 5marr o Ttl-r\t{sar''
s qt\nb;r\[.T f\l*q dr,t+f ts{ptlrf
st,fur ipe06fohr $s IqL\, @ftb^u^.
r6\p"*1.*i[' rt- 1\*r u-to
ii
ho,*-ni Pa^0\ fDh,. ueh^ ris''lk{''I 519}$fh" *"'$* P'].T,*/iltl :r I UrtlcS crh*.*fu " nru')p{f
;U
:l
,i d$h'&'la"$oah^ hTV{*+M*::. ,
:i V V (l{-
'h . -, \ -\ )t$Qnh Uxd Afto ]ql- ft)} i\i#.{ tr,<4fr
funn'Mv .<t-rn\\- i ,i1),,,;. r/,t';;"ru; '..' - --.,. / nr r ,- l . - /\t )r \- r'-' '"-t r
;ff ts;ly"u U*,,rrn Jrv (h;4 Bld eirry']u' All/F + ld
^, ,. *, r W,ffiSO
,tf
tl n/lerle Beth lvleisner
Vending Coordinator
The Denver hrtnershiP Inc'
DOWNN)WN DENVER" NC'
OENVEN CIVIC VENruRES NC'
511 Sine€nth Street
Suite 200
D€nver, Colorado 80202
303-534-6151
The Denver Partnership Inc,
DOWNTOWN DENVER. INC, DENVER OVIC VENTURES. INC.
April 28, 1987
Dear Kristine,
Enclosed please find a copy of our
MaIl Brochure wittr the price list.
Irve also enclosed a copy of our Mall
IIEIp so that you could see the t1.pesof locations available.
If you have any further questlons please
feel free tO let nre knCir,,r.
Sincerely,
I\4erle Beth lbisner
Vending Coordinatsr
511 Sixleenth Streel Suite 200 Denver,ColoradoS0202 303-534-6161
Downtown Denver Ma11 Managemenf, Dj.strict
I.IALL USE/SPECIAL VENDING PNOGRAIT
Therer s an excitj.ng potential for entreDreneur j-a1 and ci.vic
vitallty through the 16th Street Ma11 Use/Special Vending
Program. This unique program offers j.ndividuafs and grouos, non-profit or fcr-orofit, the opportunity to se11, to entertain' to
promote, to raise money or to just have fun on Denverrs busiest
street: the 16th Street Ma11.
Downtown Denverts 114r000 workers enjoy the nationally acclaimed
envi.ronrnenl of the 16th Street Ma11. Over 60'000 people are on
the Ma11 each day and ridership of the free RTD shuttle is about
ll 0,000 dai. 1y. Annually several hundred thousand conveniion
delegates and tourists spend time in Downtown Denver. The 16th
Street Ma11 is a dynamic location for pushcartst kiosksr sidewalk
cafes, banners and other uses. These activities eomplement the
region ts largesf and most di.verse shopping area whi ch boasts
nearly 400 stores and restaurants.
There are many ways to- take advantage of this unloue pedestrian
atnosphere. This brochure provides basic informati,on about the
'1 6th Street 14a11 Use/Special Vending Program. To find out moret
or to begin the application proeess, please contact The Denver
Partnership, 5 1 1 16th Street, Sui te 200, Denver, CO BO2O2, ( 303 )
534-6161.
APPLTCATIOI PNOCEDURES
Anyone wishing to use the 16th Street Ma11, rent kiosks,pushcarts, stages or olher Ma11 Management District faeilitiestor display cross-street banners, posters or flyers must submlt an
application with a $25.00 non-refundable application fee (made
payable to the Manager of Revenue) to The Denver Partnership at
least 30 days prior to the scheduled start date. These
appliea!ions are reviewed monthly by the Ma1] Use/Special Vending
Committee. Committee reconmendations are made via the Ma11
Management District Board to the Department of Public Works,
which issues permits for all Ma11 activity. Decisions made by
the commit,tee are based on criteria as outlined 1n the Special
Vending Ordinance and Rules and Begulations as issued by the
Department of Public I'lorks and on precedents establj.shed by the
comaittee for commercial and non-comnrerei.aI activities ' events 'special promotj.ons, fundraising and the like. Applications for
all types of use and vendj.ng are available al The Denver
Partnership.
PEN}IIT FEE SCHEDULE
These permit fees have been estabLished by the Clty and County of
Denver for the temporary use of public rights of way of the 16thStreet Mal1. Permit fees are due in advance.
I. PUSHCARTS
(B-5 Zone)
January-March Per month
Food
Flower
Merchandl se
Apr i 1-December
$ 100. 00
75. 007q nn
Per month
Food $150.00Flower 115.00
Merchandi se 1 15 . 00
(B-7 Zone)
Janua rv-March Per nonth
Food
Flower
Mercha nd 1se
Aori 1-Deeerober
$ 50.00
35. O0
35. 00
Per month
t,ooo
Fl ower
Merchandise
For Peruit Fees
$ 75.00
60.00An nr\
Are l{ade Payable to:Manager ofAll Checks
Revenu e.
II. KIOSKS
Janua ry-Decenber Per day
Flower
Mer chand i se
Non -Pr ofit
$ 20. 00
20.00
10. 00
All ki.osks are located in tne B-5 Zone. Fees are paid 50% to tne
Manager of Revenue for the use fee, and 50% to Downtown DenverInc. for the rental fee. A11 fees are due in advance.
III. Dlrectories/Banners/FLvers
Directories/Banners - A1f requests for cross-street bannerdisplays and/or space in the poster cases, or flyer stands must
be nade in writing and submj.tted at least 30 days prior to the
requested date of display. At,tach to the aDplication an artistsrendering of the banner, poster or fLyer with tne precise wordlngto be displayed to seale.Because advertisine for specific
companies or organizat.ions is prohibited, copy must include thewords, t'Sponsored byt' if company names are to be included. The
company name must be 1/4 the size of the largest lettering on thebanner, or posters. Flyers nay have sponsors listed in the textor on the back. Standard dimensions for banners are as follows:
Horizontal/Single SheetVert,ical Panels
Each banner nust be equipped with windfor reinforcemenE of banner perimeter.per bannerr F€r block; the charges are
Sponsored Event
Each Additional lieek
Non-Profit
ho1es, gromrnets and roPe
The foLlowing charges are
as f 011ows:
$60. 00 /f j.rst week
$20.00
$50. 00
17 1/Ut' x 27 1/4"poster: 1 1/8n
3/16n foam core or eardboard
4 1/2x x 9n
4t x 20r
8r x 8t
Tf repairs
eharges for
There are a
Denver Area
permit must
are required in order to keep the banner in plaee the
this service will be b111ed at cost.
number of banner fabricators and printers in the
. Prior io display of banners, posters or flye!s the
be signed and all fees paid.
There are loca*uions available for posters and flyers in several
Ma11 Directories.
Standard dimensions for a poster are:
overalL posrer size:border dimensions ofmounting: on 1/8rt or
design
maximum flyer size:
Posters and Flyers
Flrst week minirnun.
Each additional week
$10.00/directorY
e R nnf Airaalrtrt.P J. vv
Each organization will be responsible for outting up the poster
with Downtown Denver, Ine.
Checks for Banner Hanglngs/Poster Cases and Flyers Are l{ade
Payable To: Downtown Denver, Inc.
IV. OTHER MALL USES
There are any number of other uses that are available on the 16thStreet Ma11 such as artists, concerts, dernonstrations, ralliesand horse drawn carrlages that require an application 30 daysprior to the start date. There are generally only nominal
charges for use of the 16th Street, Ma11 with the exception of theapplication fee
V. MALL USE FACILITIES RENTAL
Pushcarts - wooden merchandise carts are aval1ab1e, including
lights and attractive awning-type covering.
Pushc art Storage
$125. 00 /montb $60. 00 /month
Exhibition Booths - 16 x 16 foo! kiosks, lneluding canvasskirti.ng and unbrella-type covering, are available on a limitedbasis as follous.
Fer week Per Day
$5.00s30.00
Set up and labor cost is $200.00. A deposit of $250.00 will be
required for all rentals exceeding one week.
Stages- 4 r x 8' platforms, 2 1/2t in heighE. Downtown Denver,
Inc. sets up and tears down:
'1 -12 platforms $100.0013-24 platforms 200.00
?5-36 Dlatforms 300.00
37-48 platforms 400. 00
48-6 0 platforms 500. 00
Skirting is available a"" a nominal fee of $25.00 per stage' per
se! up. A deposit of $250.00 is required.
Chalrs- White, Cafe style chairst
Set up labor $10.00/hour
Hookup And Use Of Electrieity - 110V and 220V is avail-able on a
very limited basis throughout the Mall.
1 1 oV $5 . oo /monrh.
220V . . .$10.00/month.
Checks for Facilities Rental are made Payable To: Downtown
Denver, Inc.
Payment 1s due on the 1st of each month. If payment is made by
check ancl it is returned as unpald, Dayrnent must be made withcash or certified funds. If 2 checks are returned all future
payments are to be in cash or certlfied funds only.
To receive appllcation forms, reserve facilities or askquestlons, please contae! The Denver Partnership located aE 51116th Street, Su ite 200, Denver, C0 80202, Attn: Ma11
Use/Special Vendlng Program. (303) 534-6161.
TI
The Denver Partnership Inc.
DOWNTOWN DENVE& INC DENVER CIVIC VENTURES,
'Nc-
DOWNTOWN MALL HANAGEI,IENT DISTRICT
16TH STREET IRANSITWAy,/UALL
CITY AND COUNTY OF DENVER
DOI{NTOWN DENVER, INC.
I6TH STREET MALL SPECIAL VENDING PROGRAI{
}IAPS SHOWING VENDING LOCATIONS
LEGEND
Olflce commerclal
Beetaurant
Retall
The Oenver PartnershiP Inc.
Civic Design featrr
5ll Sirlooolh Sl.€el
Sullo 2OO
Ocnver. Colo,ado Bo202
3O3'53,r - 6161
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Location
Potentlal llall Vending
Location
Pref erred Mall Vending
Location
potontlal sldewalk
cafe locatlon
potentlal moveable
seating locatlon
ticket kiosk elto
llght flxture
drlnklng fountain
phone booth
trash recePtacle
bench
transit stop sign
tree
fountaln seatlng
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mnl Enm r]FEI rel ffil
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Priori t ies: food, sundries. flouers'
handcra fted Produc ts 'lovel tY I terns
Atl.ributes: close to fountains '' close to ildrket Street
station' s idewal k location
Parklng Lol
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Loca tion 2, 2a
Priorities: r food, sundrles, iflowers'
handcra fted Products,
novel tY i tems
Attrlbutes: close to residential
Projec ts ; close to Tabor
tenler: close to Larinrr
Sguare and llr i ter square;
s idewal k location
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Location l. la
Prlorl tles: ifood. noveltY ltems,
handcra fted Products 'sundrles, rfl oners
Attributeg: close to Iabor Center;
close to Larlmer Square;
close to llr I ter Square;
close to resldentlal
ProJectsi sldevla I t
locatlon
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Loca t lon 2, 2a
Prlorl tles: rfood. noveltY ltems'
handcrrfted Produc ts .
sundrles, I fl owers
Attrlbutes: close to labor Centerl
closP to llrlter 5q. Plaza;
s ldewa I k locatlon
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LAWRENCE TO ARAPAHOE
locat ion I, la
Priorities: rfood. novel tY
i tens. handcra fted
products. r fl owers ,
sundr I et
Attrlbutes: close to fabor Center;
close to SkYl I ne Parki
close to llrl ter Square
Pl ara i sidewalk location
5i devral k Cafe: I
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Skyllno Psrk
l4al I Ixchange s idewal k
ca fe - ex is ting
Loca tion ?, ?d
Prior ities: .food, sundries, rfloHers,
oovel ty I tens, hand-
crafted produc ts
Attribut€s: close to Skyline Park;
close to Prudential Pla2ai
s idewd I k location
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Mall Exchange Re etauran Skyllno Park
Prudentlal Bulldlng
tocatlon l. la
Locatlon 2, 2a
Prlorl tles: rfood, sundrles, iflowers'
novel ty I terns ' handcrafted
Produc ts
Attrlbutes: close to Prudentlrl Pl.aza'
ia t"lot festlval slte)
close to RTo bus stops;
center lsland l oca tl on;
lots of sun exposure
Prlorl tleS: rfood, sundrles, rflorers'-
novet tY I tem, hdndcra fted
Produc ts
Attrlbutes: close to Prudentlal Plaza
(a ma.lor festlva t slte)'
close to fountalns; center
lslrnd locatloni lots of
sun exposure
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PRUDEIITIAL PLAZA
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Parklng Lot
Location I ' ld
Priori ties: rfood, sundries' rflowers'
novel iY I tems, handcrafted
Produc ts
Attributes: close to Prudentlal .Pldza(a najor festiva I slre'
close to RIO bus stoPsi
qood sun erPosurei cl ose^ to .
iedge seatingi center lslano
, I oca tion
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l-oca t i on 2, 2a
prlorl tles 3 'flouers. novelty ltems.
handcrafted Produc ts 'sundri es ' I food
Attributes: close lo ledge seatlngi
center lsland I oca tlon
Parklng Lot
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CHAMPA TO STOUT
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Priorl tles: rflowers, handcrafted products'
novrl tY ltents' sundrles, rfood
Attrlbutes: close to hlgh people generdtlng
actlvltlesi center lsland loca-
tlon
ilongollan Btrbeeue Thc Church Warden
Wlnchell'r Donut Houee Walden Bookc
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Locatlon ?, ?a
Prlorl tles: *food, sundrles, *flolrers,
novel ty I tems, handcra fted
produc ts
Attributes: close to RID bus stops; center
lsla.nd I oca t lon
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STOUT TO CALIFORNIA
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location l, la
Prloritiesi rfood''flowers'
sundries, novel tY i tens 'handcrafted Products
Attributes: close tq RIo.bus stopsi
center i sl and locatloni
;lose to high PeoPle
oenerating activiti€s i
[a has Potential to be
sldewalk ca fe
Sldewal k Ca fe Location 2, ?a
Priori ties: rflouers. sundries '
novel tY i telrs ' hand-
cr"afted Products ' rfood
Attributes: close to RID.bus stopsi
center iSland locdtioni
close to high PeoPl e
generating activi tles
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WELTON TO GLENARM
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for a cafe' on sideualk
flarlotle's on Gol die's
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Location 2, ?a
Priori tles: flouers. novelty items'
hdndcrafted Produc t s 'sundri es
Attributes; center I sland locationi
lots of sun erposure i
close to festival act i Yl tY
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Location l. la
Priori tles: food, sundries' flowers'
novei tY i tetls ' baodcrafted
groducts
Attributes: center -i sland locationi
lots of sun exposurei. .
close to festi val actrvltY
area
Si dewa I k Cafe'
Good opportuni tY
center i sl and for
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GLENARM TO TREMONT
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locatlon I, la
Prlorl tles: rfood, *florers, sundries
novel tY I tems, handcrafted
products
Attrl butes: center lsland locatlon
Locatlon 2, 2a
Prlor I tles: rfood. 'flowers. sundrles.
novel ty I tems, handcrafted
produc ts
Attributes: close to RID bus stopsi
close to fountalns l
center I sland locatlon
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DonYsr Natlonal Bank Avant-Card F a shlon
B e n eon'c
Nalurallret
Gory Jowolerr
Shoec Doan'r
22
Colorado Souvcnlrs Denver Wlgs
TREMONT TO COURT
affi
Locgtigl 2. ?a
PI iori ties: rfood' flouers' sundries'.
novel iY i tems ' handcrafted
Produc ts
Attributes: sidcwalk location; close
to Great llest Plaza and
leckendorf Pl aza; close to
tlo te I
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location I, la
Priori ties: rfood, flovrerS. sulldries' .
novel iY i terns, handcrafted
p roduc t s
Attributes: sideualk locationi close to -^"' '*:--' Re'puul ic Plaze and Zeckendorf
Plaza i good sun exPosure;
close !o RTo bus stoPs
RgPubllc Plaza
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COURT TO CLEVELAND PLACE
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Location I '
Priori ties: 'food, rflowers. sundrles.
novel ty ltems, handcrafted products
Attrlbutos: sldewalk locatloni close to Great
l'lest Plaza and Zeckendorf Plazal
close to llotel
Grcet Wcrl Plarc
Locatlon 2i 2q
Priorl tles: {flo}rers, rfood, sundries,
novel tY I teflls, handcrafted
products
Attributes: sldenalk location; close to
Clvlc Cent€r Statlonl
close to U' N. Plaza
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3CV.ld ONV'I3i\3'IC
OFFICE OF THE CITY CLERK
April 30, 1987
Kristan Pritz
City Clerk's 0ffice
Vail, Colorado
Dear Ms. Pritz:
You phoned earlier this week to ask about Durango's charges and
procedures for businesses like popcorn wagons.
Enclosed is a memorandum exp'l aining the procedutes for licensing;this has just been approved so I cannot comment on its usefulness.
The fees are:
sales tax license
refundable bond
occupati ona'l tax
I hope this 'i nformation is
anything else we m'ight add.
$2. 50
50.00
38.50 (up to 5 employees)
$ 91.00
useful . Please ca] I aqain if there is
Ann McCoy
Deputy City Clerk
949 SEcoND AVENUE . DURANGo. CO 813Ol . 303/247-5622
lt E !t.o-{-a ll D s lt
Depertaent of Co"'-unity Developnent
DATE: April 1, 1987
f,B: SBASONAL USBS
cJa
cc! pity Attorneyy'chief Building rnspector
City Engineer
Fire Marshall
Chief of Police
Pursuant to our previous discus€ions on this Eatter' the Bullding Divlsion
has prepared che followlog requireuents which nust be me! in order
for a geason business to occupy a temporary structure shich does noE
coofora co all requireuents of Ehe Unifor:m Buildiag Code.
These guidelines, requtreaents, and procedures u{11 be presented to
the Board of Appeals for their endorsemeot. If chey apProve this aPProach
co the prob lern of dealing Itith seasonal uses in teuporary atructures'
the program rri.11 be adoioistered by the Chief Building laspector-
If this eolution to the situation poses aoy problems or concerns, please
comunicate then to us as soon as poss ible.
pRoc8ssrxc or sBAsollAr, BusnrEssEs*
SBAliOtr BUSIXBSS ig a buelness operated wlthin the City of Durango for
a ltnited perlod of t irne (sunner touristr wlnter ekl eeaeon, huntlng
eeason, etc.) and which utlllzee facllltlea aeparate from thoee of permanent
buglness (e.g. a free-standlng popcorn ttagon aa oppoeed to a PoPcorn
bualnees counrer ln retall etore).
In nost in8tances ttseasonal buslnegsrr lnvolve the use of temporary structures
which do not conform to all aspects of the Uniforu Bulldlng Code. Ueually
the folloring provislons of the Code are not meti
-Section 104(E) U.B.c. (Foundatlon & Snow Load)
-Artlcal 3 Elecrrlcal Code Sectlon 6-35
-Water Service Statlon 14-203
-Sewer Servtce Sectlon LA-ZLO
In additlon, the U.B.C. does not have provieions for teurporary Etructures
whi.ch would accomnodate situatlons whlch frequently arise in Durango. Therefore,
by directive of the Ctty of Durango'e Board of Appeals, lf the followlng guidelines
are followed, the Chief Buildlng Inspector nay adminl s trat lve ly grant waivere
to appllcable portions of Ehe U.B.C. in the accomodatlon of fenporary structure8
for eeasonal uses.
A. HealEh DePartment regulatlons apply and approval of the use by
Lhe San Juan Baein llealch Unit necessary.
B. ElectrlcaL servlce - No appliance cord ehall exceed 6 feet ln length.
Signing sha1l be in compliance with the Clty's Sign Code and e
elgn pernlt must be obtalned for any elgnlng vthatsoever.
The eLructure may not be used year-round. No one buslnege or combinatlon
of buslnegses may occupy the structure for a periof in excess of
slx months or the cormon deflnition of a ttseasonr', whi-chever ie
shorter. (For exarnple r lf a temporery EEructure ls ueed for deer
and elk proceeslng, lt nay be used only during the hunEing seaeoo) '
The structure must be anchored to the gatiefacElon of Bullding
Departnent ln order to wlchstand the wlnd and ln caae of vandallem'
The structure must be renroved from Ehe premises upon which lt was
ueed, after Ehe uae perlod hae expired. (ff atrucEule i8 to remalnt
lt EuBt be a permanent gtrucEure. )
The etructure and use must be located torally upon prlvate Property'
Encroachment upon a public rlght-of-way or alrepace above ehall
not be a l lowed .
Tenporary structures Eo be located wtthin the Central Busineeg
Dlstrlct must have bulldtng plane and elevafions eubmlEted to an
approved by Ehe Deslgn Revlew Board.
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An annual City
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the use may be
the fee8.
an approved r
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the daces of operation of the business. Even chough
only eeaeonal, the Fhance DePartment vlll prorate
Chairnan, Board of Appeats
/ cJa
tor r par tmenE
Deve lopment
City Manager
TO:
FRO},I:
DATE:
Town Council
Conrnunity Developrnent
May 5, L987
SU&IECT: Vail Village and L,ionshead popcorn Wagon Leasl_Negotiations: Owner, ViIIage popcorn Wagon, Ms. IIaBuckley; Olrner, l{agon on the Mall, Lionshead, l[r. DanMulrooney, Mr. Ross Davis, Jr. and Mr. Carl Dietz
I. APPLICANTS IREQUEST
The owner of the vail Villaqe popcorn nagon, and owners of theLionshead popcorn walton are-inleiested in nlgotiating a newlease rate with the Town council . At this time, the-Lionshead.popcorn \,ragon has lease which began in February l9g5 andextends until January 1990. The five year lease requires aminimum rent for this space of g4O,OOO. The $4O,OO0 nay bepaid_in guarterly installnents of 92,Ooo. At this timel tfrestaff is in the process of working out rease arrangemenis withthe owner of the village popcorn wagon. This popcorn wag'on waslocated on Tor^m of Vail property when the plazl Lodge reiod.eredduring the summer of L986. Due to the remodel , the popcornwagon could no longer be located on plaza property, is ChristySports was being expanded on the west side of the building.The Foundersr Plaza had always been designed to arrow for thepopcorn wagon to be noved into this area. The Village popcorniragon was moved onto Town of VaiI property on July q, tg16.
In a letter dated March 13, L987, Ross Davis explains theownersr request for a lease renegotiation:
rr....The Wagon on the Mall operation has grossed g41,Ooo
and 937,000 in its two years of operation which numbersare consistent with the historical revenues of the VaiIVillage Popcorn Wagon and based on the experience of theoperatorsr gross sares shoutd stay within those perametersover the next few years.
Enclosed herewith please find copies of the balancesheets, statenents of earnings for the Wagon on the Mal1for the years r-995 and L9B5 which reflect the current costof lease in e..cess of twenty percent of the gtross revenuesof the operation.
As_you know, Fair Market percentage rents in the Town ofVaiI for a restaurant operation rirely exceed 8? of grossfor rental , and the ground rentat on i square foot bisisexceeds two hundred dollars per square foot per year.
We at this tine request the Town Council in connectionwith setting the rental rates for the Village popcorn
Wagon, reeassess and renegotiate the lease charged for the
Wagon on the Mall Lionshead Operation to rnake the (lease)comparable andd equitable.
As _the Town pays the utilities on the Lionshead operationand.does.not pay them on the Vi1lage location, the rentson the Lionshead operation should exceed that charged tothe, village operation by approxirnately g500 lour eitinate)or the Townrs calculation of actual costs for providingthose services.
In connection with enteringagreenent with the Town, thefees and hook-up fees in theas paying a security depositVail.
Ttre rental rate was set at 98,OOO per year which at thetime was reasonable based on the estinition of grossrevenues of between $80r000 and $l_2O,OOO per year.Experience has shown that the business aiA not sustainthose gtross revenues, and the fixed rate entered into atthat tine did not coincide with the ability of thebusiness to pay rent.
We would respectfully request that the Town Councilconsider setting this natter for consideration at a worksession along with the determination of the rents for theVillage Popcorn Wagon so that the two businesses which areso important to the character of the Vail experience canbe operated in a smooth and econonical rnanner and continueto benefit the overall cornrnunity....enclosed letter. )
II. BACKGROUND RESEARCH
fn order to make a reasonable d.ecision on this request, thestaff decided to contact severar other ski towns and citiesthat_have-vending operations on public property. Below are theresults of this research:
into the original lease
Wagon on the Ma11 paid tap
amount of $1-6,752.6L, as wellof $2rOO0 to the Town of
(Please see the
1.Town of Aspen, Contact: Larry Thoreson, accountauditor for the finance deparlment, phone TTE-ZO2O
Mr. Thoreson stated that they do have a popcorn wagonin Aspen, honever, it is locited on privitl properly.The only comparable figure that Aspen naa foi a-usesuch as the popcorn hragon was an amount that the citvcharges for outdoor dining decks which extend fromrestaurants onto the rnall area. The city charges $2per square foot per rnonth. This charge equals gZaper square foot per year. At this tirne the CityCouncil is thinkilg of changing the dollar anount persquare foot. Their opinion is that it is too low.The $2 amount was arrived at by calling other
2.
restaurants that had outdoor dining space on privateland. The staff made a determination-of what thatspace was worth. One reason for the lower price wasthat the deck space was only really usable duringgood weather and when the deck spa-e was located inthe sun.
Town of Stearnboat Springs, Contact: Ms. MichelleDanmier, accounts revenue clerk, phone 979-L7SO
Steamboat Springs does not al1ow any vending onpublic property due to the competition it wouldcreate with merchants. The only applicable
compar5.son was a Sno-Cone cart which was allowed. tooperate in one of their town parks. The Sno-Coneoperator was reguired to pay $LOO per month, plus shepaid for a sales tax license and peddlerts lilense.
Town of Crested Butte, Contact: Carrie Folger, TownClerk, phone 349-5539
fn Crested Butte, they have a license called ailbusiness occupation licensing taxr (BOIT). The taxis based on the nunbers of ernployees that thebusiness has. This type of tax is applied to onlyfood vending. The vending of other iterns is notallowed. As an example, two employees reqprires $LOOper year, three to seven employees $270 per yearfgight to 15 employees, i475, and J.6 to 24 ernployee",
$L,000 per year. Each BOLT is reviewed by ttre iownCouncj-l. The tax money goes to the Charnber ofcommerce. There is no change in rules if theoperation is on public or private land.
Keystone, contact: Dorie Jenson, cornrnercialoperations for Keystone Developruent Corporation,phone 46a-23I6
Kaystone requires 108 of gro6s sales of a crepe wagonwhich is located at the base of the mountain.- Thecrepe wagon pays for her own utilities. A snall deckis also located around the crepe wagon.
Town of Telluride, contact: Ms. Leslie Sherlock, TownClerk, phone 72A-3BSL
Telluride allows for five vending operations onpublic property. The vending operalions are snall,pushcarts approximately frx5rx7r. Food vending hasincluded burritos, hotdogs and hot potatoes. ineapplicant is required to pay for a Lusiness licensewhich is usually around gl-o0 and is based on thenumber of employees. The owner is also charged $60per rnonth for the lease space on public property.
4.
5.
T_he operation must be inspected by the healthinspector. The carts are removed every night. Theorrner rnust also provide liability insurance. Thevending operations are approved by the Town Manager.The Town Manager determines if the cart is attraitiveand contributes to the ambiance of the Town. TheTordn Manager may deny the request if it is felt thatthe operation will detract fiorn the Town.
, 6. City of Boulder, contact: Ms. Mary Smario, parks
Department, phone 44L-34L4
The Parks Department handles all vending operations, on the Boutder Mall. The vending operaf,ioirs areactually reviewed by a five member t',talt Comrnission.Applications are taken from January to February eachyear. Perrnits are awarded in March and are noinallyfor a three year period. The charge for the pernitis gt-4a per month in June, July and August. tnewagons are reguired to be in operation during thisperiod if they receive a perrnil. During the offseason fron Septernber through May, the carts do nothave to operate and are charged only g3l per month.The MaIl Commission reviews menus, design- of thecarts, and hours of operation. After three years,the business is required to reappJ-y for anotler threeyear pennit.
7. City of Denver, l6th Street Mall, contact: DenverPartnership, Merle Miser, phone 534-6j.GL
The Denver partnership manages aJ_1 vending on the16th Street Mall. Carts are charged glbo per monthfor a lease area. In January and February the chargeis g1oo.
8. Restaurant lease prices in Vail
According to one real estate office, enclosedrestaurant space within Lionshead ranges fron g1S to$20.per square foot. fn the Village,-it wasestimated that the maximum amount was approxinately
930 per square foot. Another real estati firmestirnated that in the Village the lease rate forrestaurant space is approximately $2O-25 per squarefoot or 7Z of the gross sales, whichever is greater.
Given this information, it appears that there are many ways tohandle setting the lease price for both wagons. preslntt|, tneTown requires that the Lionshead popcorn lragon pay a lump-sum
19" 1 five year lease. This decilion was mide,-in part,-due tothe fact that it is often difficult to verify g'ross- sales of abusiness. It vas felt that it would be much eisier to agreeupon a total lease amount and then require that that amount be
pald over the period of the lease. staff would recornmend thata totar lease fee wourd be agreed upon with the owners of thepopcor_n nagon would be signed. This total lease fee could beextended over into paynents throughout the lease period.
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Yail, colorado 81652
(303) {76-7000 otllcc of oommunlly developmenl
August 5, 1987
Ms. IIa BuckleyTorinots Restaurant
22l,L North Frontage RoadVail, Colorado 81657
RE: Village popcorn Wagon
Dear I1a:
r must ask you to finalize the lease survey for the popcorn
I.s9tr and to sign the final lease and subrn-it this infohnationto the Town of vail community Developnent Department no laterthan August 28, L9g'1 . t understand tfrat nanjr delays haveoccurred in arranging the lease which have bien beyond yourcontrol. However, r feel that we are norv at the plint rrt"i"the lease can be wrapped up and finalized. The oirry additionarinformation that we need is trre survey inaicatinq- tn" reasearea. T gave this to you over a nonth ago with ihe reguested.corrections on the survey.
I encourage you to follow up on this itern irnmediately. Thankyou for^your^cooperation. rt you have any further qirestionsplease feel free to caII rne at 476-7000 ext. l_Ll.
Sincerelv,\r-Aly, | {J +.,
[tt'lA,bt Tft\-|Kristan Priti
Town Planner
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box 100
vail, colorado 81657
(3031 47Ss613
office of the town attorney
October 10, 1980
Mrs- Joanne HillP.O. Box 68Vail, CO 81657
RE: Popcorn llagon Lease.
Dear l'lrs. Hill:
Enclosed is the Lease Agreement on the popcorn uragon site.
P4ragraph rv provides that rla Buckley may assign the leasewith the approval of the Town Council. I sugge-t that youwork with her on the assignment and submit it to the TownCouncil in care of myself for approval . At that time theLease would be held by you and you could then allow I1a tooperate the Popcorn lttagon.
If you have any questions please call me.
Sincerely yours,
, .4 ..' .-?4.2/4'tzz&- C /Z/'4/
Lawrence c. Rider zalae-
Town Attornev
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LEASE AGREEMENT
THIS TEASE AGREEMENT, nade this day of
1980, by and between the Town of Vail, a Colorado municipal cor-
poration, (hereinafter referred to as "Town'), and Plaza Lodger
Inc.r of Vail, Colorado, (hereinafter referred to as "Plaza").
WITNESSETTI:
WIIEREAS, I1a Buckley has, for sone tine, occupied a por-
tion of the Gondola I Plaza with a Popcorn Wagon, and a lease was
entered into between the Town and Buckley on December 12, 1978i
WHEREAS, the Plaza has been substantially changed since
the lease between the Town and Buckley and the location and ser-
vices for the Popcorn Wagon have been changed;
WHEREAS, IIa Buckley has agreed that the previous Lease
for the Popcorn Wagon should be assigned to Plaza Lodge, Inc.i
WHEREAS, the parties hereto wish to clarify the specific
leasehold interest of Plaza Lodge, Inc., so that both parties can
ascertain their continuing duties, rights and responsibilities;
WHEREAS, the parties hereto wish to enter into the fol-
Iowing Agreement, all upon the terms and conditions set forth
herein;
NOW, THEREFORE, in consideration of the mutual covenants
and promises contained herein, and for other good and sufficient
considerationr the receipt and adequacy of which are hereby ac-
knowledgedr the parties hereby agree as follows:
ARTICLE I
Lease Prenises
The Town hereby agrees to lease to Plaza, and Plaza
hereby agrees to lease from the Town, all of that space located
within Lot c, Block 5-C, Vail vilJ,age First Filing, Vail, Colo-
rado, all as more particularly outlined on the diagram attached
hereto as Exhibit rrArr and by this reference made a part hereof,
together with the right to occupy and use such space and to con-
tinue to use underground utility services to such space, all of
which is now in placel and
access, ingress and egress
face space so leased by the
together erith all necessary rights of
from such prernises. The minimum sur-
Town to PLaza shall constitute
square feet.
ARTICLE II
Lease Reguirements
2.I In return for the above-designated Lease of space
from the Town to Plaza, Plaza does hereby agree to pay to the Town
the sum of Fifty ($50.00) Dollars per nonth on the first day of
the month of December, 1980, and upon the first day of each subse-
quent month during the term hereof as a base rental payment.
2.2 In addition to the base rental provisions above
stated, Plaza agrees to pay to the Tovrn a sum equal to _ per
cent of the gross sales receipts received from the operation of
ih. pop"orn wagon business upon the described premises after de-
duction therefrom of an amount equal to aII sales taxes applicable
to such gross receipts. Plaza or its subtenant shall subnit to
the Town a copy of the monthly sales tax report applicable to the
gross receipts, and sha11 pay to the Town the percentage rental
herein stated, less the sum of Fifty ($50.00) Dollars per month on
or before the 15th day of the month following Lhe month in which
such gross receipts are collected. In no event shall the percen-
tage rental be rnore than 9150.00 per month even if the gross re-
ceipts would require a higher rental payment. In no event shalL
the percentage rental terms stated within this paragraph be deened
Lo reduce the base rental payment set forth in the preceding
paragraph.
2.3 Plaza shall conduct comrnercial operations on the
Ieased premises in the form of sales of food and non-alcohol ic
beverages fron "Popcorn Wagon" facilities now owned by it or its
subtenant and in place on the premises or from identical facili-
t,ies constructed upon the leased premises in replacenent of worn,
danaged or obsolete improvenents. The food and non-alcoholic bev-
erages to be offered and sold from such prenises sha1l be in ac-
-2-
cordance with and limited to the items offered and sold from such
premises as of June 1, 1978, as evidenced by a copy of Buckleyts
ltr€nur which is attached hereto as Exhibit "B". The items of food
and beverages shall not be increased fron those listed upon the
attached nenu without the prior written consent of the Town.
Plaza shall maintain the popcorr, ,n"gon and utility services in
neat and clean condition and appearance and shall conduct its
operations in such a manner that the surrounding publicway within
a radius of one hundred (100) feet from Plaza's premises shaLl be
free fron clutter, filth, and litter resulting from its-conduct of
operations. Plaza shall conply with all necessary lieensing and
health requirements for the eonduct of the operations above des-
cribed.
2.4 Plaza shal1 use ordinary care in maintaining and
servicing the leased premises, the improvements constructed there-
on, and all equipment cont,ained within such improvements. It
agrees to maintain such iterns in neat and clean condition and ap-
pearance. The Town agrees to maintain the surrounding public area
in a nanner consist,ent with maintenance of a public way by a muni-
cipality and in such a nanner tbat access to the premises by pat-
rons and potential patrons shalt not be interfered with nor dimi-
nished.
2.5 Plaza shall be responsible for, and shall pay for'
all utilities necessary for the conduct of operations upon the
leased premises. To the extent possible, it shal1 individually
contract for all utility services in its own name. In the event
that any such services must be contracted through the Town, Plaza
shall reimburse the Town for any allocable portion of such utility
cost within ten (10) days following notice of the paynent thereof
by the To$rn.
2.6 Plaza shall not, without prior written consent of
the Town, construct additional improvements on the leased premises
other than ordinary repair on the existing popcorn wagon and the
-3-
utility services alieady in place. In the event that additional
improvements are constructed, with the Townrs consent, plaza
agrees to pay protnptly, when duer €rny and all J.egit,irnate charges
for such construction, and to hold the Town harmless from any and
all liability, including Court costs and attorney,s fees, arising
out of any claims, dernands, liens, or encumbrances of any kind or
nature whatsoever which are related to such additional construc-
tion.
2.7 During the term of this Lease and during the term
of any extension thereof, P1aza shall obtain and maintain in good
standing PubIic Liability Insurance coverage in a ririnimum amount
of Three Hundred Thousand Dollars ($300r000.00) for personal in-
jury and Twenty-Five Thousand Doltars ($25,000.00) for property
damage, which such insurance shal1 also list the Town as a co-
insured. Plaza sha1l provide, within the scope of an applicable
Insurance Agreement, that the Town shall be entitled to receive
notices of all premiums due, all premium paynents made, and any
and all other pertinent correspondence between the parties. In
the event that Plaza fails to pay any applicable premium upon such
insurance, then the Town may pay the same and recover the total
amount of such payment from Plaza.
2.8 The parties hereto agree that this Lease Agreernent
is being extended to Plaza upon premises within a public way be-
cause the operation serves a public need. PLaza shall use such
prenises and conduct its operations in accordance with and consis-
tent with use of the public way and shal1 not unduly interfere
with the public's use of the property. During the term of this
Agreement and any extension thereof, the Town shall not grant to
any other person or entity, r{ithout prior written consent of
PLaza, a similar lease or other agreement allowing such other per-
son or entity to conduct sales of food and non-alcoholic beverages
as the sane are sold at the popcorn wagon at the time of such con-
-4-
sent requirement within a radius of three hundred (300) feet fron
the leased premises.
ARTICLE III
Term and Terrnination
3.1 The prinary term of this Lease Agreenent shall com-
nence on the date of Decenber 1, 1980, and shall continue for a
period of five (5) years through and including the date of Novem-
ber 30, 1985, unless earlier terminated according to the provi-
sions hereof.
3.2 At least six (5) months prior to the expiration of
the prirnary term of five (5) years as set forth in'the preceding
paragraph, the parties shall meet, confer and negotiate in good
faith concerning the renewal of the within Lease Agreement for an
additional term of five (5) years. Inclusion of the within para-
graph shall not bind either party to grant or accept such exten-
sionl however, agreement and permission for such extension shaLl
not be unreasonably withheld. Any such extension shal1 carry for-
ward al1 of the terrns and conditions of the within Lease as pre-
sentJ.y stated.
3.3 At the option of the Tordn, this Lease may be de-
clared terminated and of no further force and effect if Plaza de-
fauLts in the performance of any term or condition of this Lease
Agreement, and such default continues for a period of ten (10)
days in the case of any default in the payment of rent, or thirty
(30) days in the case of default under any other provision hereof
foJ-lowing reeeipt of written notice of such default from the Town
to Plaza nailed by Certified Mail, Return Receipt Requested, and
postage prepaid. If the cure of any such default shall reasonably
require a longer period of time, then such longer period shall be
applicable to the cure of such default so long as Plaza has given
the Town notice thereof and is proceeding in good faith as expedi-
tiously as reasonably possible toward the cure of such default.
Similarly, and again at the Townrs optionr this Lease Agreement
-5-
may be declared telminated and of no further force or effect in
the event that Plaza files a voluntary Petition in Bankruptcy or
becomes the object of an involuntary Petition in Bankruptcy which
is not discharged within ninety (90) days from the filing thereof,
or in the event that a receiver is -appointed to take possession of
all or substantially all of Plazars property.
3.4 If Plaza Lodge, Inc. sells, transfers or conveys
the prenises adjacent to the pJ-aza and connonly known as the
"Plaza Lodge" to any other person or entityr this tease shaLl be
null and void upon the sale, transfer or conveyance without fur-
ther notice or action by the Town.
ARTICLE IV
Restriction Upon Assignments
4.1 The Town recognizes and agrees to the sublease be-
tween Plaza and Ila Buckley for the subject premises. Both par-
ties agree that the sublease to Buckley shal1 in no way relieve
Plaza from its rights and responsibilities under this Lease.
4.2 The within Lease Agreement nay not be assigned or
otherwise transferred by P1aza without the prior written consent
of the Town which nay be granted or denied in the reasonable exer-
cise of the Town Councilrs discretion. The Town Council does,
however, consent in advance to the assignnent of this Lease to lla
Buckley as stated in 4.1 above.
4.3 If P1aza or Buckley assignr sublet, transferr sell
or otherwise convey their respective interests in this leasel the
sublease or the popcorn wagon property without the prior written
approval of the Town, this Lease agreement shall irunediately ter-
minate.
ARTICLE V
Restoration of Premises
Upon termination of this Lease Agreement, PIaza shall
remove the popcorn wagon and all other equipment and inprovements
of Plaza or its subtenants fron the leased premises and shall
-5-
thereafter landscape and improve the subject lease site in a man-
ner eonsistent with the adjacent existing landscaping and improve-
ments.
ARTICLE VI
MiscelLaneous Provis ions
5.1 Nothing within this Agreement or otherwise shall be
deemed to create any partnership, joint venture, agency, or any
other community of interest between the Town and Plaza other than
that of landlord and tenant.
6.2 This Agreenent supersedes and encompasses all of
the negotiations between the parties and no amendment to this
Agreement shal1 be effective unless reduced to writing and sub-
scribed by both parties hereto.
6.3 Any notice required to be given by either party
hereunder sha1l be deemed given when naiLed by Certified Mailr
postage prepaid, Return Receipt Requested, to sueh party at the
address listed below:
"TOWN' Town of Vail
P. O. Box 100
Vail' Col-orado 81557
Attention: Town Flanager
I'PLAZATT Plaza todge, Inc.Vail' Colorado 81557
Either party nay change the subject address for sueh notices by
giving notice of such change to such party at the address shown
above.
5.4 When executed, this Aqreement shall be deemed bind-
ing upon the parties, their heirs, sueeessorsr representatives,
and assigns.
-7-
6.5 This Agreement sha1l be interpretecl ancl construed
pursuant to the laws of the St,ate of Colorado.
TOWN OF VAIL, a Colorado
nunicipa). corporation
By:
lown Manager
ATTEST:
PLAZA LODGE, INC.' a
-Colorado corporation
By:
Pres ident
ATTEST:
Town Clerk Secretary
WAIVER
I, IIe Buckleyr do hereby agree to the above Lease and
waive and release any rights that I may have in that lease dated
December 12' 1978, between the Town of Vail and myself for the
popcorn wagon site in the Gondola I Plaza.
Ila Buckley Dated
-8-
LEASE AGREEMENT
THrs LEASE AGREEMENT, made :c'iLs /A day of il'fmBrffr"N/
L978, by and between The Town of Vail, a Colorado municipal cor-
poration, (hereinafter referred to as "Town"), and J. Ila Buckley'
of Vail, Colorado, (hereinafter referred to as "Buckley").
WTTNESSETH:
WIIEPEAS, Buckley has, for sometime, occupied that space
shown on the attached Exhibit "A" with a popcorn $Iagoni
WHEREAS, the parties hereto wish to clarify the specific
leasehold interest of Buckley so that both parties can ascertain
their continuing duties, rights and responsibilities; and
I{HEREAS, the parties hereto wish to enter into the fol-
lowing Agreement, all upon the terms and conditions set forth
herein;
IIOW, THEREFORE, in consideration of the mutual covenants
and promises contained herein, and for other good and sufficient
consideration, the receipt and adequacy of which are hereby acknow-
ledged, the parties hereby agree as follows:
ARTICLE I
Lease Premises
The Town hereby agrees to lease to Buckley, and Buckley
hereby agrees to lease from the Town, all of that space located
within Lot c, Block 5-c, vail Village First Filing, Vail , Colorado'
all as more particularly outlined on the diagram attached hereto
as Exhibit rrArt and by this reference made a part hereof, together
with the right to occupy and use such space and to continue to
use underground storage directly beneath such space, all of which
is now in place, and together with all necessary rights of access'
ingress and egress from such premises. The minimum surface space
so leased by the Town to Buckley shaIl constitute at leasL 240
square feet.
\\3
ARTICLE II
,, Lease Requirements
2.L In return for the above-designated Lease of space
from the Town to Buckley, Buckley does hereby agree to pay to
the Town the sum of Fifty ($50.00) Dollars per month on the first
day of the month "t ktP;1-{re, and upon the first day of each
subsequent month during the term hereof as a base rental payment.
2.2 In addition to the base rental provisions above
stated, Buckley agrees to pay to the Town a sum egual to seven
(7?) percent of the gross sales receipts received by her as a
result of the conduct of business upon the described premises
after deduction therefrom of an amount equal to alt =.1"= taxes
applicable to such gross receipts. Buckley shall submit to the
Town a copy of the monthly sales tax report applicable to the
gross receipts as evidence of such gross receipt.s, and shall pay
to the Town the percentage rental herein stated less the sum of
Fifty ($50.00) Dollars per month on or before the l5th day of the
month following the month in which such gross receipts are co1-
lected. In no event shall the percentage rental terms stated.
within this paragraph be deemed to reduce the base rental payment
set forth in the preceding paragraph.
2.3 Buckley shall conduct commercial operations on the
leased premi.ses in the form of sales of food and non-alcoholic
beverages from "PQpcorn Wagon" facilities now owned by her and in
place on the premises or from identical facilities constructed
upon the leased premises in replacement of worn, darnaged or
obsolete improvements. The food and non-alcoholic beverages to
be offered. and sold. frorn such premises shall be in accordance
with and limited to the items offered and sold from such prernises
as of June l, L978, as evidenced by a copy of Buckley's menu,
which is attached hereto as Exhibit "B'. The items of food and
beverages shall not be increased from those l-isLed upon the
attached menu without the prior written consent of the Town.
Buckley shall maintain the popcorn h/agon and. underground storage
in neat and clean condition and appearance and shall conduct her
operations in such a manner that the surrounding publicway within
a radius of one hundred (100) feet from Buckleyts premises shall
be free from clutter, filth and litter resulting from Buckleyts
conduct of operations. Buckley sha1l comply with all necessary
licensing and health requirements for the conduct of her opera-
tions above described.
2.4 Buckley shalL use ordinary care in maintaining
and servicing the leased premises,- the improvements constructed
thereon, and all equipment contained within such improvements.
She agrees to maintain such items in neat and clean condition and
appearance. The Town-agrees to maintain the.surrounding public
area in a rnanner consistent with maintenance of a public way by
a municipality and in such a manner that access to the premises
by patrons and potential patrons shall not be interfered with
nor diminished.
2.5 Buckley shalI be responsible for, and shall pay
for, all util-ities necessary for the conduct of operations upon
the leased premises. To the extent possible, she shall individually
contract for all utility services in her o\,'/n name. In the event
that any such services must be contracted through the Tovtn, Bu0kley
shall reimburse the Town for any allocable portion of such utility
cost within ten (10) days following notice of the payment thereof
by t,he Town.
' 2.6 Buckley shaIl not, without prior written consent
of the Town, construct additional improvement.s on the leased
premises other than ordinary repair on t.he existing popcorn wagon
and the storage facilities already in place. In the event that
additional improvements are constructed, with the Townrs consent'
Buckley agrees to pay promptly, when due, any and all legitimate
charges for such construction, and to hold the Town harmless from
any and all l-iability,.including Court costs and attorneysr fees,
arising out of any claims, demands, liens, or encumbrances of
any kind or nature whatsoever which are related to such additional
construction.
2.7 During the term of this Lease and during the term
of any extension thereof, Buckley sha11 obtain and mainlain in
good standing Public Liability Insurance coverage in a minimum
amount of Three Hundred Thousand ($300,000.00) Dollars for per-
sonal injury and. Twenty-Five Thousand ($25,000.00) Dollars for
property damage, which such insurance shatl also list the Town
as a co-insured. Buckley shalI provide, within the scope of
an applicable Insurance Agreement, that the Town shall be entitled
to receive noti-ces of all premiums- due, all premium payments made,
and any and all other pertinent correspondence between the parties.
In the event that Buckley fails to pay any applicable premium
upon such insurance. then the Town may pay the same and recover
the total amount of such payment from BuckJ.ey.
2.8 The parties hereto agree that this Lease Agreement
is being extended. to Buckley upon premises within the described
public way because her operation serves a perceptible public need.
Buckley sha11 use such premises and conduct her operations in
accordance with and consistent with use of the public way and
shall not unduly interfere with the publicrs use of the property.
During the term of this Agreement and any extension thereof, the
Town sha1l not grant to any other person or entity, without prior
written consent of Buckley, a similar lease or other agreement
allowing such other person or entity to conduct sales of food
and non-alcoholic beverages as the same are sold at the popcorn
wagon at the time of such consent requirement within a radius of
three hundred (300) feet from the leased premises.
2.9 The Town warrants that it is the o\,lrner of the
leased premises and possesses sufficient authority to extend
the within Lease provisions to Buckley, and warrants that she
sha11 have the quiet and exclusive use and enjoyment of the
premj-ses during the term hereof.
ARTICLE III
Term and Termination
J\8
3.1 The primary term of this Lease Agreement shall
nD.zcfiA(f-r'
conmence on the date of gq#-r L, L978, and shall continue
a period of five (5) years through and including the date of
v^/orlem€Lfl 30,'
o+:+2^ 1983, unless earlier terminated according to the
visions hereof.
for
$6 pro-
3.2 At least six (6) months prior to the expiration
of the primary term of five (5) years as set forth in the pre-
ceding paragraph, the parties shal1 meet, confer and negotiate
in good faith concerning the renewal of the within Lease Agree-
ment for an additional term of five (5) years. Inclusi-on of
the wj-thin paragraph shall not bind either party to grant or
accePt- such extension r .however., -ag- eement. and- permission for
such extension slall not be unreasonably, withheld. Any such
extension shall carry forward all of the terms and conditions of
the within Lease as presently stated.
3.3 At the option of the Town, this Lease may be
declared terminated and of no further force and effect if Buckley
defaults in the performance of any term or condition of this Lease
Agreement, and such default continues for a period of ten (10)
days in the case of any default in the payment of rent, or thirty
(30) days in the case of default under any other provision hereof
following receipt of written notice of such default from the Town
to Buckley mailed by Certified Mail, Return Receipt Requested,
and postage prepaid. If the cure of any such default shall rea-
sonably require a longer period of time, then such longer period
shall be applicable to the cure of such default so long as Buckley
has given the Town notice thereof and is proceeding in good faith
as expeditiously as reasonably possible toward the cure of such
default. Sirnilarly, and again at the Townrs option, this Lease
Agreement may be ileclared terminated and of rro further force or
effect in the event that Buckley files a voluntary Petition in
Bankruptcy or becomes the object of an involuntary Petition in
Bankruptcy which is not discharged within ninety (90) days from
the filing thereof, or in the event that a receiver is appointed
to take possession of all or substantially a1I of Buckleyrs pro-
perty.
3.4 The parties
the term of this Lease, the
interest requests that the
described on Exhibit "A" to
r't-ac$yl o/J -
€:i+i{*L,*", Buckley agrees
hereto agree
Town or its
popcorn wagon
that if at any time during
assigns or successors in
be moved from the premises
C'r),
$
vA nutrL(A +'cecaDq B/ e ALt-elelrA fz r'
o
relocate the wagon within a reason-
)
se to
able time. The relocation will be at the expense of Buckley.
At the tirne of the relocation, the parties sha1l specify in
writing whether the relocation shall be permanent or temporary,
and if temporary, the length of time thereof.
3.5 The parties further acknowledge that the Town has
informed Buckley that the Gondola I Building may be redeveloped
and the real property surrounding -and upon which the popcorn wag'on
is located wiLL undergo substantial alteration and landscaping
work. In that event, the pedestrian traffic past the popcorn
wagon will be.substantially affected. In that event, the provi-
sions of paragraph 3.4 above shall be applicable, and Buckley shall
make no claim against the Town for the disruption of traffic or
relocati-on.
ARTICLE TV
Restriction Upon Assignment
The within Lease Agreement may not be assigned or other-
wise transferred by Buckley without, the prior written consent of
the Town which may be granted or denied in the reasonable exercise
of the Town Council's discretion. The Town Council does, however,
consent in advance to the assignment of this Lease to Ann Shields
provided that such assignment takes place within six (6) months
from the d.ate of execution of this Aqreement.
ARTICLE V
Restoration of Premises
Upon termination of this Lease Agreement,. Buckley shall
remove the popcorn wag'on and all other equipment and improvements
of Buckley from the leased premises and shall fill in the under-
ground storage facilities and thereafter landscape the subject
lease site in a manner consistent with the adjacent existing land-
scaping.
ARTICLE VI
Miscellaneous Provisions
be deemed
any other
other than
6.1 Nothing within this Agreement or otherwise shall
to create any partnership, joint venture, agency. or
community of interest between the Town and Buckley
that of landlord and tenant.
6.2 This Agreement supersedes and encompasses all of
the negotiations between the parties and no amendment to this
Agreement shall be effective unless reduced to writing and sub-
scribed by both parties hereto.
6.3 Any notice required to be given by either party
hereunder shal-l be deemed given when mailed by Certified Mai1,
postage prepaid. Return Receipt Requested, to such party at the
address listed below:
"TOWN"Town of Vail
P. O. Box 100
Vail, Colorado 81657
Attn: Town Manager
J. Ila Buckley
P. O. Box 263
Vail , Colorado 81657
.IBUCKT,EYI'
Either party may change the subject address for such notices by
giving notice of such change to such party at the address shown
above.
6-4 When executed, this Agreement shall be deemed
binding upon the parties, their heirs' successors, rePresenta-
tives and assigns.
6.5 This Agreement shall be interpreted and construed
pursuant to the laws of the State of Colorado.
TOWN OF VAIL, a Colorado
municipal corporation
box 100
vail, colorado 81657
(3031 476-5613
office of the town manager
August 6, 1976
Ms, I1a BuckleyVail, Colorado 81657
Dear I1a:
As we have discussed previously by telephone, the storage
boxes located near the Popcorn :lYagons in the Village Core
and in Lionshead Mall must be removed. Sections 8.511 and9.611 of the Zoning Ordinance require that all businessactivity otber than vending stands be located within abuilding,
Since I have not heard from you, there remains no choicebut to require that the storage boxes be removed no laterthan August 20, L976,
If you have any questlons, please contact this office,
Sincerely,
DEPARTMENT OF COMMUNITY DEVELOPMENT
S. Toughil'lDiana
Zoning Administrator
DST/di
Return receipt requested