Loading...
HomeMy WebLinkAbout2001 Ordinance No. 007I • • • ORDINANCE NO.!/- SERIES OF 2001 BY AUTHORITY COUNClL BILL NO. 7 INTRODUCED BY COUNClL MEMBER GARRE'IT AN ORDINANCE AUTHORIZING A BUSINESS LEASE WITH MEL\, . , 'lO SHELLY BEDORE FOR USE OF THE REAL PROPERTY LOCATED A . .,OYD AVENUE TO BE USED AS CUSTOMER PARKI G. WHEREAS, the approval 0£ this Ordinance will permit Melvio and Shelly Bedore to renew a Buaineee Leese on real property located at Floyd Avenue in order to continue their CUJ"rent parking lot; and WHEREAS, the public parking lot was constructed on Floyd Avenue right,.0f.way because it was no longer needed for street purposes and the geometry of the lot did not allow for efficient uae of the property; and WHEREAS, a lease was granted in 1994 to B&B Conoco and all costa of the improve men ta to the parking lot were borne by B&B Conoco along with the mainte nance of the improveme.nta; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNClL OF THE CITY OF E GLEWOOD, COLORADO, AS FOLLOWS: ~-The City Council of the City of Englewood, Colorado hereby auth.rrizee the renewal of a Business Lease for Melvio aod Shelly Sedore in order to continue their current business operations of a Conoco Station. A copy of the "Business Lease" is marked es "Exhibit A" a n attached hereto. ~-The Mayor is hereby authonzed to sign and the City Clerk shall attest said Leese on behalf 0£ the City of Englewood. lntr -l uced , read in full, and passed on fir!t reeding on the 5th day of February, 2001. Published as a Bill for en Ordinance on the 9th day of February, 2001. Re:id by titlo and passed on final readmg on the 5 th day of March, 2001. -I • Published by title as Ordinance No . ~ Series of 200 1. on the 9th day of March, 2001. I , Loucrisbia A. Ellis, City Clerk of the City of Englewood. Colorado, hereby certify I.hat the above and foregoing is a true oop"/./of the Ordinance p ued on final reading • Md pohli,h,d by tiilo u Onlimmoo o.-/--S.rin of~ {1 J!Jj ~Ilia • • -2- • • • BUSINESS LEASE This lease, dated ________ ~ 2001 is between the CITY OF ENGLEWOOD , 1000 Englewood P:irkway , Englewood, Colorado ~0110, as Landlord md rELVl . L. BEDORE and SHELLY L. BEDORE . as Tenant. In consideration of the payment of the rent and the performance of the covena nts and agreements by the Tenant set forth herein, the Landlord does hereby lease to the Tenant the following described premises situate m Arapahoe County. in the State of Colorado; lhe address of which i at lhe Sorth East co rner of South Broad.way and Floyd Avenue, Englewood, Col orado 80110. more fully described as follows : That portion of Enst Fl oyd Avenue descnbed as follows : Beginning at a pomt on the East Right-Of-Way of South Broadway. 50 00' East of the South West comer of the :,Jorch West 1/-1 of the South East 1/<l, Section -1 , Townslup -1 , South Range 6 We.t of the Si.'cth PM . Arapahoe County, Colorado; thence South along the East Right-O f-Way of South Broadway a distance of 13 .3'; thence East -10 .0'; thence North 5;• East 58.4'; thence East 36.0' to a point on the West Right-Of-Way of the alley betwee n South Broadway and South Lincoln Street: thence )forth along said West Right-Of- Way l l.5' 10 the '.llorth R1ght-Of-Way of East Floyd Avenue : thence West along said :-,forth Right-O f-\\'ay l25.0' to a point on the East R1ght-Of-Way of South Broadway; thence South 30.0' alo ng said Right-Of-Way to the point of begirming. Said parcel cont:nns 3-1 .6 square feet . Said premises, with all the a ppurtenances, are leased to the Tenant from the date of January l, 2001 to December 3l. 2006 . a and for a rent3l fo r the full term of Seventeen Thousand Four Hundred F orty-Three Dollars and no Cents (Sli.H3.00) first payment is due in the amount of Three Thousand Four Hundred E1ghcy-E1ght Dollars and Sb<ty Cents (S3,-l88 .60)January l , 2001. on o r upon approval of the lease by tenant, the rece ipt of wluch 1s acknowledged by the City, then parable 1n yearly installments of Three Thousand Four Hundred E ighty-Eight Dollars a nd Si.uy Cents (S3 .48 .60). on or before January l. 2002 and each year thereafter payable at 1000 Engle ~ood Parkwo.y . Englewood . Colorado OllO .. -\tte ntion: Public Works Depa.ruoen . without notice . The tenant may , with apprc;va l of the Landlord. extend this le3se for One (1) Three (3) year per.od. notice of extension shall be gwen m wnting before the termination of this lease . THE TE:-:.-\..'-'T. !)i co::,,:sIOER.-\ TIO:-: OF THE LE.-\S[::,,:G OF THE PRDll ES AGREES AS FOLLOWS : L. T u pay the rent for the premlies o.bo ,·e-de en bed . 2 T o ee p the improvements upon h premises mclu ing, drainage. storm sewer. fences . sewer connecnor s. plumbing , WU"lng and gla,· m good repair. all at Tenant's expense. and at the expll't n c;n of this lease to surrender the premt es in as ood a co ndmon as when :he Tenant entered the p mu;es , lo•s by fire . me,·itable accident. and ordinary e r e:<cepted To keep all s1dewa ks on an round the prem1 s ;; free and ·l e:ir of ice and mow, and r.o keep the en ore prem es tree fr om all l1t1er, 1rt . d bns and obscructtons : rJ keep the premises ma dean :ind snrutary cond1rion as required by the ordmances , : the city anJ county m which che propeny is s1tunted with no storage of derelict o~ Jun.I,: velucle;. 3 . To ;ublet no part of th ~ premi~s. nd not to assign the lease o r any intere s t therein without the wntten consent of the Landlord. A To use the premu;es only s parking for vehicles and to use the p m1 tor no purposes prohibited by the laws of the Uruted States or the State Cci lor do, or of th ordinances of the city or town in which said premi es are located, and for n imp p r or questionable purpos es whatsoever, and to neither permit nor suffer any rderly conduct, noise or nuisance having a tendency to annoy or disturb any persons occupying adjacent premlS s. 5. To n ither hold nor attempt to hold the Landlord liable for any injury or damage , either proXlt.::ne or remote , occurring through or caused by the repairs, alterations. injury or acciden: to the premises, or adjacent premises . or other parts of the above premLses not herein demised. or by reason of the negligence or default of the owners or occupants thereof or any other person. nor to hold the Landlord liable for any mJury or damage occasioned by defective electric winng, storm water, nor said premi es to be used for any purpose whlch would render the i1ui1uance thereon void or the insurance nslc more hazardous. nor make any alterations in or changes in . upo n, or about aid ob tam.ing the wntten coiisent of the Landlord therefor . 6 . To allow the Landlord to enter upon the premises at any rea sonable hour. IT IS EXPRESSLY U. "DERS 000 A.'sD AGREED BET\VEE~ L.-L'lDLORD .-L\/D TENA.\/'!' AS FOLLOWS : , . , ·a assent. e:1:press or implied, to any breach of any one or more of the agreements hereof shall be deemed or taken to be a wai,·er of an}' succeeding or other breach. 8 . If. after the e:tptration of th.is ltase, the Tenant shall rema.m 1n posses 10n of the premises and continue pay rent without a wntten agTeement as to such possession. then such tenancy shall be regarded as a month-to-month tenancy. at a monthly rental, payable in advance , eqwvalent to the last mon th's rent paid unde r this lease. and subiect to all the terms and conditions of this lease . 9. lf the pre!Illses are left vaca nt and any part of the rent reserved hereunder is not paid. then the Landlord may . without being obli gated to do ao , and without terminating this lease. retake po;;sess,on of the sa id premise s. mak.wg such chan ges and rep aus os may be reqwred , giving credit for the amount of rent oiO received less all e:tpenses of such changes and repairs , and the Tenant shall be hable for the balance of the ren t herein reserved until the expir:1t1on of the term of chis lease . 10 . The Landlord acknowledges receipt of a deposlt in the amo unt of :S-0·. 11 . At the Landlord 's opuon. 1t shall be deemed a breach of th!S lease if the Tenant defaults (a) in the paym ent of the rent or any other monetary obli gation herein : or (b l in the pe rformance of any other term or co ndi 10n of dus lea se . The Landlord may ele ct to cure auch default and any e:tpenses of curing ma y be added to the rent and shall become immediately due and p:iroble . -2 - • • • • • • 12 . In the event that t h Landlor d elect& to de cla re a breach of this leue , the Landlord shaU have the n ght to give the Te nant three (3) days wntten notice requiring payment of the rent or compliance with otl,er terms or p visions of the lea.ae, or delivery of the pos scs110 0 of the premises. lo the event any default remains uncorrected &fter three (3) days wntten notice, the Landlor d. at Land!ord's option, may declare the term ended. reposse s the preouses, eitpel the Tenant and those claiming through or under the Te nant and re move the effects of the Ten a nt. a ll without being deemed guilty in tres pass or of a forcibl e entcy and detai ner and withou•. ;:rejudice to any other remedies to which the Landl.ord may be entitled. If c.t a ·.1y tlDl e th.is lease is term lOate under t lm paragraph, the Tenant a grees to peacefully ~ 11rrender the premises to the Landlord immediately up on te rmination, and if the Tenant remains in pos session of the prellUSe s . the Tenant shall be deemed guilty of unlawful detention of the premLSes . The Landlord s hall be enctled to re cover from the Tenant all damages by rea so n of the Tenant's defa ult . including but not !united to t he cost to recover and reposs s the premis es. t he e:qi enses of relettmg, ne cessary renovation a nd alteration eitp.,nse s , com missions and the rent for the balance of the term of tlus lease. ln the e,·e nt of any dispute aris1Dg under t he terms of tlus lease . or ID the event of non- parment of any sum s a rising under tlus leas e and in the ev e n t the matter is turn d over to a n attorney, the party prevailing in s uch dispute shall be entitled. in addiuon to othe r da mages or c.osts, to receive rea so nab e attorneys· fees from the othe r par y . 13. In the event any payment required here under is no t made wi thin (10) days after the payment is d ue , a late charge in the amount of fi,·e percent (5,i>) of the payment wi.11 be paid by the Tea.int . l-1 . In the e,·eot of a co ndemnation or other talung by any gove rnmental agency, all proceeds shall be paid to the Landlord he reun der. the Tenan t wai vi ng all righ t to any s uch payments . 15. Tlus lease 1s made with the eitpress understanding and greement that in the event t he Tenant become s insolvent, th e Landlord m:ly declare this lea~e ended. and all rights of the Tenant hereunder shall terminate and cease 16 . Te nan shall i.nsure the premises for public hab1lity a.nd property damage in t he su m of One Million Dollars with the City of Englewood as an additional insured. SHO "LO A.SY PRO\•lSJO:,.! of th.is lease violate any federal , state or loc al law or ordinance, that provunon s hall be deemed amended to so co mp ly with s uch la w or ordinance . and shall be construed in a manner so as to co mply. This lea s e s hall be b10d10 on the parties. their person I representatives. quccesso rs and a sS1 gns . . 3 . When used herein, the singular shall include the plural, and the use of any gender shall apply to both genders . LI. :111) LO RD TENANTS CITY OF E GLEWOOD By:~/4~ THOr.l~S J . BUR.'11S , MAYOR IEL\<1N L. BEDORE ATTEST: ________ _ . City Clerk STATE OF COLOR.-\DO ) A )ss . COUNTY OFAAf&:«iC::-l t'~ The foregoing instrum ent was acknowledged before me thia~dny of ~l!,(w"Q!,.'( 2001. by Melvin L . Bedore and Shelly L. Bed ore . A>'/~ /. ~ ~ ,( ,n.,_._,.,__, 11~ WiTYES S WHEREOF . [ ha,·e h.e reunto set my hand and af.6.~ed my official seal the day :rnd yeu fust above written. ~,I · co mir.iE~ion e:otpire s: 6-Z :5 -c,3 -4- .. • • • • • • Date februa ~ W . 200 I INITI TED BY COU CIL COMMU !CATIO N Age nda llem 10 a H Subject Parking Lot Lease a Floyd and Broadway Dep.J r1men I 01 Public Works I ST FF SO URCE en Ro ss. Directo · o Public Works COU Cll GO l A D PR EV IO S COU CIL ACTI O Council ap prO\ed Ord111 nee i'so . 1-l. Se n es 199.J, apprO\ Ing a lease wrl h B & B Co. 10cc for parking o n a porDl)n of the Ea st Flo d , e. Righ 1-0 r-W a . That lease pen od was from 19 9-1 thro ugh 2000 . RECO MME, OED ACTIO Staff se s Coun cil approva l of a bill for an ordinance authonz,ng the a or 10 sign a ne w lease for rhe same parking lot v11 h 'vlel-,n Land Shelly L. Bedore, owners of B B Conoco. Thrs new lease addresses the year s 2001 through 200 5. BA CKG OUND, ALYSIS , ND LTERNATIVl:S IDENTIFIED Thrs parking lo t at d1e ortheas t comer of Broadway and Aord A e. was cr eated in 1986 wrth the re,1lignmen1 of Floyd '\v enue . The lo t .vas cons tru cted upon Floyd Ave. R1gh1-0 (-\. ay no longer required for street purposes and the geometry or the lot did not allow for the effi cien t use of the property. vie ,11, Bedore approached the Citv in 1994 and requested to either lease or bu y a portion of this lo t 10 provi de addibonal parking for his business. Publi c Works slaff determined that 1he 10 1 co uld be reconfigured lo make op hmum use of the pro per . While the new lot des ign conm ted of one less public parking space, ,t crealed I 7 additional parkin g space s for B 8 Conoco . Also , with Mr. Bedore no longer using the public spaces fo r his business parking, the net ga,n fo r public parking was 1-1 sp aces. ln '\pnl or 199 -1 , Council approved a bill for an ordinance 10 allow a leJse for a portion of the Floyd Ave . Right-of-Way . The lea se required ·Ir. Bedore lo pay for all m1provements required to reco nfigure the lot and to pay a yearty le ase pay ment 10 1he City m the amounl of SJ .388.60 . The cost of 1he parking lot Im provements was S37,000 and pa id en trr el bv \i\r. Bedore T11e Ci 1 0111 obliga tion Is to pro\llde parking lo t hghnng al an es tim ated cos t of S -10 .00 per month. ,e lease signed rn 199 -1 was for a 3 year penod wrth an opu on to exten d for one thr ee year penod . n,e original lea se 1as no v e pired. /\Ir Bedore has reques ted to sign a new lease ior 5 vear period . The new lease also has a pro visio n ro tlo, the Ciry to ex tend for an addlt1onal 3 ye ars 11 , arran ted Fir Ar CIAL I MP CT II co ts ·or main tenance for the leased por11011 are me re pons ,b,hrv of B · B Conoco (r-.1elv111 and Shelly Bedo re/. e Or, of En~le "ood's obhgat1011 con tinues 10 be the h .,111111,oi the entire parking lot. es umat ed J1 S.J0.0 0 per nonrh UST OF TTACHME1 S Brll ror ,111 Ordi,unc Bus,n s Leas