HomeMy WebLinkAbout1976 Ordinance No. 044. • •
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INTRODUCED AS A BILL BY COUNCILMAN MANN
BY AUTHORITY
ORDINANCE NO. 44 , SERIES OF 1976
AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN T&S CITY OF
ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY.
WHEREAS, the City of Englewood and the Englewood
Housing Authority are desirous of entering into a Lease
Agreement in order that the Authority may lease to the City
the necessary real property for the con•truction of a
residence for the elderly.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO, as follows:
Sect i on 1.
That the City of Englewood, Colorado, shall enter
into a Lease Agreement with the Englewood Housing Authority,
accord i ng to the provisions of that certain written instru-
ment captioned "Lease Agreement", which is attached hereto,
con sisti ng of four (4) typewritten pages and is hereby
incorporated by reference herein. Said instrument provides:
1. That the Authority does grant, demise, lease
and let upon the terms and co~ditions of said
Lease Agreement, unto the City of Englewood,
as lessee, its successors and assigns, the fol-
lowing described premises situated in the City
of Englewood, County of Arapahoe, State of
Colorado, to-wit:
Part of the SW 1/4 of the SE 1/4 of Section 34,
Township 4 South, Range 68 West described as
follows:
BEGINNING at a point 30 feet South and 140 feet
East of intersection of East line of Broadway
and North line of said SW 1/4 of the SE 1/4 of
Section 34; thence East 126 feet, thence South
319 feet; thence West 126 feet; thence North
319 feet to place of beginning.
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Lot 19 and the South 15 feet of Lot 20,
Block 4, PREMIER ADDITION TO ENGLEWOOD
Lots 21, 22, 23 and 24, Block 4,
BRANNAN AND MATHEWS ADDITION
2. The City of Englewood, its successors and assigns,
shall hold said lease for the term of twenty-two
(22) years, beginning the lat day of January,
A.O., 1977, and ending on the lat day of January,
A.O., 1999.
3. The City of Englewood shall erect and construct
upon the leased premiaea in accordance with the
plans and apecif ications prepared and approved
both by the City and the Authority, a one hundred
and four (104) unit residence structure for the
elderly, pursuant to the terms, conditions, and
agreements heretofore entered into between the
City of Englewood and the Department of Housing
and Urban Development •
4. The City of Englewood, as leaeee, agrees that
Section 2.
at the expiration o.f the term of said Lease
Agreement, or upon any aooner determination
thereof, if any, in pursuance of the conditions
of said Lease Agreement, will quit and deliver
up the leased premiaea, and all buildings
erected on the deaiaed preaiaes shall become
the property of the Englewood Houaing Authority,
and the City of Englewood shall convey, by
appropriate deed, all of it• right, title and
interest in and to the said property at the
conclusion of the term of said Lease, provided,
however, that the City reserves the right to
improve and use the basement area for public
purposes as set out in the Lease attached hereto.
The City Council of the City of Englewood, Colorado,
hereby authorizes the Mayor of the City of Englewood,
Colorado, to subscribe his name to said Lease Agreement
on and in behalf of the City Council and the City of Engle-
wood, Colorado, and the Director of Finance, ex officio City-
Clerk Treasurer attest the same •
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Introduced, read in full and passed on first reading
on the 16th day of August, 1976.
Published as a Bill for an Ordinance on the 18th
day of August, 1976.
Read by title and passed on final reading on the 7th
day of September, 1976.
Published by title as Ordinance No. 44
1976, on the 8th day of September, 1976.
ATTEST:
ex o
, Series of
I, Wil iam o. James, do hereby certify that the above
and foregoing is a true, accurate and complete copy of the
Ordinance, passed on final reading and published by title as
Ordinance No. 44 , Series of 1976.
ex of fici~yclerk-Treasurer
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LEASE AGREEMENT
WHEREAS, the Englewood Housing Authority (Authority),
a body c orporate and politic, is duly organized and existing
pursu a nt to Part 2, Article 4, Title 29, C.R.S. 1973,
(Housing Authority's La w), a nd the owner in fee of certain
real property hereinafter described; and
WHEREAS, the City of Englewood is a Municipal corp-
oration, duly organized and existing pursuant to Article XX
of the Colorado State Constitution and its Municipal Home
Rule Cha rter; and
WHEREAS, the Au t hority has determined that providing
housing f or the elderly low income families under the Housing
Act of 1 974 would be the most feasible method of accomplishing
the purpose s of the Authority; and
WHEREAS, subsequent to receipt of the preliminary
approval f or annual contributions from the Department of
Housing a nd Urban Development, the City Council determined
that the Ci ty of Englewood would issue its General Obligation
Housing Bonds to fund construction of the project; and
WHEREAS, said Bonds were duly issued by the City
pursuant t o Ord i nance No. 1, Series of 1976, in the principal
amount of Two Million Two Hundred Twenty-five Thousand
($2,225,0 00.00) Dollars for the construction of a one hundred
and four (1 04) unit apartment for the . elderly; and
WHE REAS, in addition to the proceeds from the Sale
of Englewood Hous i ng Bonds, as above stated, the City has
contributed toward the construction cost of said structure,
the sum of One Hundred Fifty Thousand ($150,000.00) Dollars,
in order that the apartment house structure would contain
a sub-surface, or basement area, to be utilized for related
a n d /or other public uses as determined by City Council •
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WHEREAS, it is the desire of the Authority to lease
the neces sary real property to the City for the construction
of the said re side nce for the elderly.
NOW, THEREFORE, IN CONSIDERATION of the mutual
covenants and promises hereinafter stipulated to be mutually
kept and p e rformed by the parties hereto, the Authority does
hereby grant, demise, lease and let upon the terms and con-
ditions he r einaft er state d, unto the City of Engelwood, as
lessee, its suc ce s sors and a ssigns, the following described
premises situated in the Ci ty of Englewood, County of
Arapahoe , S tate of Colo rado, to-wit:
Pa rt of t he SW 1/4 of the SE 1/4 of Section 34,
To wn ship 4 South, Range 68 West described as
f ollows:
BEGINNING at a point 30 feet South and 140 feet
East of intersection of East line of Broadway
a nd North line of said SW 1/4 of the SE 1/4 of
S e ction 34; thence East 126 feet, thence South
3 19 feet; thence West 126 feet; thence North
31 9 feet to place of beginning.
Lot 19 and the South 15 feet of Lot 20,
Block 4, PREMIER ADDITION TO ENGLEWOOD
Lo t s 21, 22, 23 and 24, Block 4,
BRANNAN AND MATHEWS ADDITION
1. To have and to hold the same unto the lessee,
its succes sors and assigns, for the term of twenty-two (22)
years, be g i nning the 1st day of January, A.O.,· 1977, and
ending on the 1st day of January, A.O., 1999.
2. The City of Englewood, as lessee herein, cov-
enants and agrees that dur i ng the term of this lease, and
as full c onsideration for t he leased premises, shall erect
and construct upon the leased premises, in accordance with
the plans and specifications prepared and approved both by
the City a nd the Authority, a one hundred and four (104) unit
residence structure for the elderly, pursuant to the terms,
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conditons , and agreements heretofore entered into between
the City of Englewood and the Department of Housing and
Urban Deve lopment.
3. The City of Englewood, as lessee, covenants and
agrees tha t, at the e xp i ration of the term of this lease, or
upon any s ooner determination thereof, if any, in pursuance
of the c onditions of this lease, the City shall quit and
deliver up the leased premises, and any and all structures
erected on the demised premises shall become the property of
the lessor, the Englewood Housing Authority, and the City of
Englewood shall convey by appropriate deed, all of its right,
title and interest in and to the said real property. At the
conclusion of the term of said lease, the · city shall reserve
from any such conveyance all usable space beneath the apart-
ment hou se structure. Said area shall be used by the City
for publ ic or municipal purposes, including, but not limited
to , meetings and recreational activities, as determined by
City Counc il, and that improvements made in the basement area
shall be at the cost of the City, and the City shall bear the
p roporti onal costs of all utilities used in said area.
4. Each and every covenant, agreement,_ te~m, pro-
v ision a nd condition herein contained, shall extend to and
be binding upon the legal representatives, successors and
assigns to the parties hereto, and shall be deemed and
treated a s covenants running with the premises during the
term hereo f ; but no ch a nge or division in the ownership of
the leased premises, however accomplished, shall operate
to enlarge the obligations, or diminish the rights, of ·the
lessee hereunder.
5. Each and every covenant and condition herein
contained shall apply to and bind the successors, adminis-
trators a nd assigns of the parties hereto •
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IN Wl'l'NESS WHEREOF the parties have set their hands
a nd se als this __!lt:h day of ~ , A.O., 1976.
AT T EST:
Director of F"
ex officio c·
AT TE ST:
CITY OF ENGLEWOOD, COLORADO,
a Municipal corporation
ce
Clerk-Treasurer
ENGLEWOOD HOUSING AUTHORITY,
a body corporate and politic