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HomeMy WebLinkAbout2000 Ordinance No. 060• ORDINANCE NO .(il_ SERIES OF 2000 BY AUTHORITY COUNCIL BILL NO. 63 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AUTHORIZING A BUSINESS LEASE WITH DONALD BOWEY FOR USE OF THE ARAPAHOE RENTAL PROPERTY. WHEREAS , the Englewood City Council L,thorized the purchase of th• Arapahoe Rental property by passage of C.B. 63 , Series of 2000 ; and WHEREAS , the approval of this Ordinance will permit Arapahoe Rental to remain on the Arapahoe Rental premises to continue their current busineSB operatioua while the City continues to plan for future development for this site; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWO '1 , COLORADO , AS FOLLOWS: &l:tilm..l . The City Council of the City of Englewood, Colorado hereby authorizes the BuaineBB Lease for Arapahoe Rental to continue their use of the Arapahoe Rental Property while future development plane for this site continue. A copy of the "Business Lease'' with th .. Addendum To Business Lease" is marked as "Exhibit A" and attached hereto . ~-The May or is hereby authorized to sign and attest said Lease on behalf of the City of Englewood . Introduced, read in full , and passed on first reading on the 17th day of July, 2000. Published as a Bill for an Ordinance on the 21st day of July, 2000. Read by title and passed on final reading on the 7th day of August, 2000. Published by title as Ordinance No . la'.J Series of 2000 , on the 11'" day of August, 2000. 10bx I, Loucriahia A. Ellie, City Clerk or the City or Englewood, Colorado, hereby certl!y that the above and foregoing is a true cop,r !'tr the Ordinance p 88ed on final reading and published by title•• Ordinance No."1!1, Series of 2000 -2- • • BUSINESS LEASE " Thie leue, dated -------~ ii between the CITY OF ENGLEWOOD, 3400 Soutli' Elati Stn,et, Englewood, Colorado 80110, a, Landlord and DONALD J. BOWEY, aa Tenet. lo cooaideration of tbe sale of the aubject property to the City and the performan.ca of the covenant& and agn,ements by the Tenant set forth herein, the Landlord does hereby leue to the Tenant the followin1 deocribed premilea situate in Arapahoe County, in the State of Colcrado; the addresa of which is ll56 West Belleview Avenue, Englewood, Colorado aouo. more fully deacribed •• follbwa: SOUTH 220 .56 Faet of East 50 Foot Lot 3 and South 220.56 Feet of Lot 4 Block I MAVDONSub Arapahoe County Colorado. Said parcel contaioa 28,231.68 Square Feet (0.6"81 Acree) more or leaa. also known as: ll55 West Belleview Avenue Englewood , Colorado 80110 Said premises, with all the appurtenances. are leased to the Tenant from the data of _ ________ to, ______ _ The tenant may with approval of the Landlord extend this lease for Three (3) Ona (!) year periods. Notice of extec1Sion shall be given in writing before the termination of this lease. THE TENANT. IN CONSIDERATION OF THE LEASING OF THE PREMISES AGREES AS FOLLOWS: l. To keep the improvements upon the premises including, drainage. storm sewer, fences . sewer connection&, plumbing, wiring and glaaa in good repair, all at TeWlllt's expense, and at the expiration of tbis lease to surrender the premiHa in as 1ood a condition as when the Tenant entered the premises, Ion by fire, inevitable accident, and ordinary wear excepted. To keep all sidewalks on and around the premiles free snd clear of ice and snow . and to keep the entire premises fne from all litter, dirt, debris and obstructions: to keep the premilea in a clean and sanitary condition aa required by the ordinances of the city and county in which the property ii situated with no storage of derelict or junk vehicles. 2. To sublet no part of the premises, and not to aasign the lease or any interest therein without the written consent of the Landlord. 3 . To use the premises only in coMection with the current commercial use and to uae the premises for no purposes prohibited by the laws of the United States or the State of Colorado , or of the ordinances of the city or town in which said premises are located. and for no improper or queationable purposes whatsoever , and to aeither permit nor suffer any disorderly conduct, noise or nuisance h•vinr a tendency to annoy or disturb any persona occupying adjacent premises. 4. To neither bold nor attempt to hold the Landlord liable for any injury or damap, either prornnats or remote, occurring through or caused by the repaira, alteratiooa, injury or ,ccidenl to the premiles, or adjacent premises, or other partl of the abovt premisr.• not herein demised, or by reaaon of the negligence or default of the ownera A or occupants thereof or any other person. nor tD hold the Landlord liable for any injury or demage OCC36ioned by defective electric wiring, stDrm water, nor said premise• tD be used for any purpoae which would render the inluranc:e thereon void or the insurance risk mo re hazardous, nor make any alterations in or chance• in. upon , or about the premises without obtaining the written consent of the Landlord therefor. 5. To allow the Landlord lo enter upon the premiaes at any reasonable hour. IT IS EXPRESSLY UNDERSTOOD AND AGREED l!ETWEEN LANDLORD AND TENANT AS FOLLOWS : 6. No assent, express or implied, to any breach of any one or more of the agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach. 7. If. after the expiration of th is lease, the Tenant shall re main in possession of the premises and continue to pay rent without a ,.ritten agreement aa to such possession , then such tenancy shall be regarded as a month-to-month tenancy, at a monthly rental. payable in advance, equivalent"' the lut c,onth'• rent paid under this lease . and subject tD all the terms and conditions of this lease . 8. If the premises are left vacant then the Landlord may retak,, possession of the said premises. There ii.all be no pe nalty if the tenant vacates the premises prior tD the expiration of the lease term. 9. The Landlord acknowledges receipt of a deposit in the amoUIII of S-0-. 10 . At the Landlord's option, it shall be deemed a breach of this lease if the Tenant defaults (a) any other monetary obligation herein; or (b) in the performance of any other term or condition of this lease. II. In the event that the Landlord elects tD declare a breach of this lease. the Landlord shall have the right tD give the Tenant tb:ee (3) deys written notice re~uirinl compliance with terms or provilrions of the lease. or delivery of the p0111euion of the premises . In the event any default remair., uncorrected after three (3) deya written notice. the Landlord . at Landlord's option. ma;-decl are the term ended, repoaaeu the premises . expel the Tenant and those claiming throuch or Wider the Tenant and remove the effecu of the Tenant. all without beinc deemed guilty in treapua or of a forcible entry and detamer ~nd without prejudice to ;1ny other remedies to which the Landlord may be entitled. If al any tune this lease LS terminated under this paragraph. the Tenant agrees to peacefully surrender the premises to the Landlor~ immediate ly upon termination, and if the Tenant remains in possesaion of the premises, the Tenant shall be d•,emed cuilty of unlawful detention of the premises. The Landlord shall be entitled ro recover from the Tenant all demageo by reason of the Tenant's default , includiug but not limited to the cost to recover and repossess the premises. the expenses of reletting, necesaary renovatie;r! and alteration e:q,enses, commissions and the rent for the balance of the t: nn of this lease. In 1.he event of any dispute arising under the terms of this le G .e and n the event the matter ia turned over u, an attorney, the party prevailing in such d.iapute shall be entitled, in addition to other damages or coats , w receive reasonable attorneys' fees from the other party. -2- • • • 12 . In the event of a condemnation or other~ by any 110V9rnmental a19ncy, all pn,ceeda shall lltl paia't6 ~ Land!Ja !\Mildlr. the Tenant waivin1 all risht to any such payments. 13. Tenant shall insure the premise ■ for public lu,bility and property damage in the sum of On■ Million Dollars with the City of Ell(!ewood as an additional inaured. SHOULD ANY PROVTSION of thia lease violete any federal. state or local lew or ordinance. that provi,,ion shall be deemed amended to 10 co wply with such lew or onlinance, and shall be construed in a manner so as to comply. Thia lease shall be bindinc on the partiu, their personal repre11ntalive1, aua:aaaon and aaeipis. When used hen,in, the sincular shall include the plural. and the uae of any 19nder shall apply to both 19ndera . LANDLORD TENANT CITY OF ENGLEWOOD THOMASJ .BL'RNS ,:',!AYOR STATE OF COLORADO )oa. COUNTY OF Ara, •a /vi ·-'. ) ST The fore10ing instrument waa acknowledged before me this ..L. day of Hj IT 2000 by Donald J . Bowey . IN WITNESS WHEREOF , I have hereunto aet my hand and llflixed my official seal the day and year first above written. My commission expires: __ l,_l..,~_1/_,i2=u~a_l __ I ; ADDENDUM Ti.> e 1;s 1NESS LEASE This Addendum to Business Lease (this "Addendum ") is attached to and made part of that certain Business Lease (the "Initial Lease "). dated _______ . by ar. i between the City of Englewood ("Landlord") and Donald J. Bowey ("Tenant"). In the event of any conflict between the tertns of the Initial Lease and this Addendum. the tertns of this Addendum shall control. The Initial Lease and this Addendum are hereinafter referred to together as the "Lease". I. !n!lmlni!Y . Paragraph 4 of the Initial Lease is hereby deleted and replaced with the foliowing : "Except to the extent caused by the negligence or willful misconduct of Landlord , its agents , representatives. employees. co~tractors or affiliates (collectively. "Affiliates"), Tenant shall hold Landlord harmless for any injury or damage , either proximate or remote . occurring through or caused by repairs or alterations to the Premises. defective wiring on the Premises . injury or accident occurring on the Premises . injuries or accident originating from an act or omission on the adjacent premises . injury or accident caused by some parry other than Landlord or its Affiliates or damage or injury caused by stortn water ." 2. Damage by Fire or Other Casualty . !n the event of any damage to the Premises. 1 :nant shall have no obligation to repair or replace the Premises except to the extent the cost of such repair or ·eplacement of the Premises is covere:1 by insurance or is required to be covered by insurance under this Lease . 3. ~-Tenant shall not be deem • J 10 be in default under this Lease except upon (i) the expiration of thirty (30) days aft receipt of written notice (five (5 ) days in the event of failure to pay money owed hereunder) fr om Landlord specifying the failure of Tenant to perform its obligations under this Lease and (ii) the failure of Tenant . prior to the expiration of said thirry (30) day period (or five (5) days. as applicable). to rectify the failure to perfortn specified in the notice ; provided . howe ver. that if such failure ( except the failure to pay money owed) cannot be rectified within said thirry (30),Jay period and Tenant is using good faith and best efforts to rectify the specified failure to pe . •orm. Tenant sh all not be deemed in default. 4. Landlord's Entrv Upon Premises . Exce pt in th ,· event of an emergency. Landlor,i shall provide Tenant with at least 48 hours notice prior to entering upon the Premises . and shall use reasonable efforts to enter the Premises at times thr.t will not disrupt Tenant's business being operated upon the Premises . 5. Repossession of Premises . In the ev ent Tenant vacates the Premises for a period ofno less than sixty (60) co nsecutive days. Landlord may retake possession of the Premise s. 6. Tenant's Option to Extend . Te nant shall have the right to extend the tertn of this Lease for one ( I) additional one (I) year period by delivering written notice to Landl ord at least thirty (30) days prior to the expiration of the current term and provided Landlord mutually consents to the renewal within such time period unless the parties otherwise mutually agree .. Rent and all other terms under this Lease shall remain the same durin5 such extension term . .W i'7 l~.I • 7. Tenant's Rjght to Tennjnate . Tenant shall have the tight 10 terminate this Lwe at any time upon at least thiny (30) days prior wtinen notice to Landlord . 8. Oyje1 Enjoyment. Subject to the terms of this Lease, Tenant shall have the tight to lawfully. peaceably and quietly have. hold , occup y and enjoy the Premises during the term hereof without hindrance or ejection by any persons lawfully claiming under Landlord . 9. l!&illiD -Tenant shall have no obligation to make structural repain to the Premises, except to the extent damage to the structure of the Premises is caused by Tenant. 1 o. Mjscellaneou,. a. All notices given pursuant to this Leas e shall be in wtiting and shall be given by telwsimile, personal service , United States Mail or ~~press mail, postage or delivery charge nrep&id . return receipt requc ste,J, addressed to the appropriate pany at the address or telefac simile number set fonh below . Landlord : Th e City of Englewood 3400 South Elati Stre,et En glew ood . Colorado 80110 Attn : Jerrell Black Fax : Mr. Donald J. bowey I 15 5 West Bell eview Avenue Englewood. Colorado 80110 Fax : b. This Lea.-;e shall be governed by the laws of the State of Colorado . IN WITNESS WHEREOF . the panics hereto have caused this Addendum to be ex ecuted and deli vered as of the day and year first written above . LANDLORD: THE CITY OF ENGLEWOOD By : _______ _ "'4771' t • I COUNCIL COMMUNICATION I L Date Agenda Item July 17, 2000 10 a Ix Subfect: Lease of Arapahoe Rental Property INmATEDBY: STAFF SOURCE: Department of Parks and Recreation Jerrell Black , Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Resolution #41. Series 2000 -transfer of $590 ,00C .OO from the General Fund to the Cepttal Projects Fund specttlcally for the purchase of the Arerahoe Rental pr',perty . City Council has ml'de the availability and improvement of recreation facilities In Englewood a priority. Previously, City Council has purchased or In the process of pur.::hasing these properties to further enhance parks and recreation amenities. Homs Lumber Property-purchased in 1995 (Ordinan.::e #60, Series 1995) for the development of an aquatic facility Zigan Property -The City has assumed ownership of the property through a possession agreement for the development of Centennial Park Master Plan Public Service Property along Union Avenue -acquired for the development of the Centennial Park Mastar Plan RECOMMENDED ACTION Staff recommends Council adopt a bill for an ordinance for the lease of the Arapahoe Rental property to Donald J. Bowey, former owner of the property . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The 1979 City of Englewood 's Comprehensive Plan identified the Arapahoe Rental property as a key parcel for park acquisitions . The City of Englewood purchased the Home Lumber property (O 1dinance #60, Series 1995) in 1995. As part of the Master Plan and with the purchase of the Arapahoe Rental property, the Department of Parks and Recreation is able to pursue the future development of an aquatic facility at this location . The lease agreement is between the City of Englewood , as landlord, and Donald J. Bowey, as tenant, doing business as Arnpahoe Rental. The City of Englewood acknowledges receipt of a deposit In the amount of $ -0·. Per agreement, the tenant would be allowed to remain on premises to continue current business opera1/orit?l'fhY\anam.n\iYlwllll"·approvaf of the Landlord , elctend thA lease for three (3) one (1) year periods while development plans for this site continue . Tenunt agrees to keep 1')e Improvements, upon the l!r&IJ'IISen in good r epair atT enants cost ~nd to keep property In clean and sanitary condition as req Jired tly-clty Ordinance . ., .. l RNANCIAL IMPACT There is no financial impact. This lease ag , 9ement was discussed during negotiations for a final purchase price for the property . The agreer ,ent would also allow an existing business to continue to operate in the City of Englewood while future development plans for this site continue. UST OF ATTACHMENTS Ordinance Copy of Contract