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HomeMy WebLinkAbout1993 Ordinance No. 019•• • • ORDINANCE No/i_ SERI&', OF 1993 BY AUTHORITY COUNCIL BILL NO. 16 INTRODUCED BY COUNCIL MEMBER HATHAWAY • AN'ORDINANCE APPIJOVING A LEASE FOR REAL PROPERTY IN THE 3400 BLOCK OF SOUTH ACOMA (PARKING L<Yr) BETWEEN THE ENGLEWOOD URBAN RENEWAL AUTHORITY AND TH L CITY OF ENGLEWOOD , COLORADO . \\'1-IEREAS, th e City leased the property on the east side of the 3400 Block of South Acoma Street for three-years at the rental rate of$1, per year by the passage of Ordinance No . 41, Series of 1988 ; and WHEREAS, the City of Englewood developed a parking lot on this parcel as an interim use until an acceptable development proposal was forthcoming; and WHEREAS, the City of Englewood wishes to renew the lease of said property from Englewood Urban Renew a l Auth ority; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF E NGLEWOOD, COL(,RADO, AS FOLLOWS: Sfailm.l. Approval to renew the lea se of real prop erty between the Englewood Urban Ren ewa l Authority and the City of Englewood, Colorado, is hereby approved . Said lease gen erally provides for the follow ing : I. The leased property is located on the Ea st side of the 3400 Block of South Acoma Street, City of Englewood, County of Arapahoe, State of Colorado . 2. Th e t erm of the Lease is for a three (3) years and renewable for successive one year terms upon agree ment between the EURA and the City of Englewood . The rent for th e term her eo f shall be Thirty Doll a rs ($30.00) thereafter the rent for each successive year is Ten Dollars ($10.00) a nd is du e prior to each year the lease is renewed. 3. The, leased pr emis es are for municipal uses , including parking. 4. The Lease is cancellabl e for redeve lopment purposes upon mutual agreement of the Citv of Englewood and the Englewood Urban Renewal Authority. lntroduceJ . read in full , and pa ssed on first r eading on the 5th day of April , 1993. Pu blished as a Bill for a n Ordinance on the 8th day of April, 1993 . Rea d by titl e and pa ssed on fin al reading on the 19th day of April, 19gj 10 C Publilhed by title u Oniinance No. !1. Series of 199,1, on the 22nd day of A.,,·ril, tfl9i -L ,,_\ ' . ClylleE.W~ ATTEST : Q_~~-1}!',L/i~ Patricia H. Crow, City Clerk I, Patricio H. Crow, City Clerk of the City of Enalewood, Colorado, hereby cen.ify that the above and foregoing is a trtf copy of th e Ordinance pused o final reading and publi shed by title as Ordinance No ./+, Series of 1992. ~~/1µ,d Patricia H. Crow -2 · •• • • • LEASE OF REAL PROPERTY THIS LEASE i1 made and executed on the ___ day of _____ 199_ by and between the ENGLEWOOD URBAN RENEWAL AUTHORITY, ,1 body corporate and politic, organized and watinc under the law1 of the St.ate of Colorado, havini it.a principal office at 3400 South Elati Street, Englewood, Colorado 80110, herein refernd to u Lesaor, and the CITY OF ENGLEWOOD, COLORADO, a municipal corporation orpnized and e:usL:ng under the laws of the State of Color ado , City Hall , 3400 South El ati Street, Eng lewood, Colo r ado , Cou nty of Arapahoe, State of Colorado, henin referred to as Lenee. SECTION ONE DE.WSE, DE SC RIPTIO N, AND USE OF PREMISES Le,sor leases to Lessee and Lessee leases from Leasor, those premises situate in the County of Arapahoe, State of Colorado, and moro particularly described as: the South Half of Lot 2 and Lots 3 through 11, Block 2, Ci ty Gardens Subdivision, and Lots 1 through 14, ;\'ielse n's Subdivi sion, City of Englewood Lesse e may construct. at its Ol\'11 expense. any improvements it so desires on the property. The pre mises may be used for any purpose which furthers the iO&ls of the Downtown Rerle\'elo pm en t Plan including but not limited to parking. SECTIO N TWO TERM The te nn of this Lease shall be fur three (3) years , and shall be renewable for succes sive one yea r terms upon agreement of the Le ssee and Lessor. SECTION THREE RENT The rent fo r the tenn hereof sh all be Thirty Dollars ($30 .00) which Lessee sl,all pay t,, Lesso r at t he time of delivery of the Lease. The rent for each successive year is Ten Dollars CS 10 .00) and is due prior to each year the lease is ,enewed. SECTION FOUR WARRANTIES OF TITLE AND QUIET POSSESSION LeS£or covenants that Lessor is seited of the demiserl premises in fee simple and has full right to make this Lease and that Lessee shall have quiet and peacuble possession of the demised prb.11i1,a during the term hereof. SECTION FIVE USES PROHillITED No use sholl be mode or permitted to be made of the demised premises, or acta done, which will c3use a co.ncellation CJ-:' any insurance policy covering the premises, or any part thereof, nor shall Lessee sell, or permit to be kept, used, or aold, in or about the demised pre mis es , any article which may be pr ohibited by the standard form of ftre insurance policies. Lessee shall, at its sole cost, comply with all requirement& pertaininr to the de mi sed premises of any insurMce organization or company nece■aary for the m!llntenance of insurance, as herein provided , covering any buildinr and appurtenances at an y time located on the demised premises. SECTION SIX WASTE A.'1D NUISANCE PROHIBITED During the te rm of this Lease , Lessee shall compl y with all applicable laws alfectinr the dem is ed premi se s , the breach of wh ich might result in any penalty on Lessor or forfeiture er Lessor's title to the demised premises. Lessee shall not commit, or suffer to be com mitted, ar ,y waste on the dem is ed premises or any nuisance . SECTION SEVEN LES SOR'S RIGHT OF ENTRY Le ssee shall permit Lessor and the agents and employees,. Lessor to enter into and upon th e demi sed premises at all reasonable times for the purpose of inspectinr the same, or for the purpose of postinr notices of nonresponsibility for alterations, additions, or repairs, v.i thout any rebate of rent and without any liability to Lessee for any Jou of occupation or qu iet enjoym ent of the premises thereby occasioned. SECTION EIGHT LESSEE SHALL NOT ENCUMBER Les see shall not encumber or cause any act to encumber the property with any mortgage, deed of trust, lien or other instrument. SECTION NINE SUBLETTING AND ASSIGNMENT Le s see sholl not sublet the premises in whole or in part wifhout Lesaor's conaent. Lessee shall not assign or transfer this Lease, or any interest herein, without the prior written consen t of Lessor, and a consent to an assignment shall not be deemed to be a consent to any sub sequent assignment. Any such assirnment without ,uch con ■ent ■hall be void and sh all, at the option of Le ssor, terminate this Lease . Neither this Lease nor the leuehold estate of Li 1ssee, nor an y interest of Le ssee hereunder in the demi1ed premiua or any build ings r.r improvements thereon shall be subject to involuntary usirnment, transfer, or sal e , or to ass ignm ei,t, transfer, or sale by operation of law in any manner whatsoever, and any such attemptet1• involunt3ry assirnment, transfer, or sale shall be void and of no effec t and shall , ot th e option of Lessor, tenninat• this Lease. -2- • •• • SECTION TEN NOTICES All notices, demands, or oth,r writinp in this Lease provided to be riven or made or sent, or which may be riven or made or aant, by either party hereto to the other, shall be dee med to have been fully iiiven or made or sent when made in writing and deposited in the Un ited States mail , certified, postage prepaid, and addressed as follows: LESSOR: Englewood Urban Renewal Autho rity 3400 South Elati Street Englewood, Colorado 80110 LES S EE: City ~hmage r City of Englewood 3-100 South Elati Street l':nglewood, Colorado 8011 0 The address to wh ich any notice, d•;n ru1d, or other writing may be i•ven or made or sent to any party as above provided may be "" v,ged by written notice riven by such party as above provided. SECTION ELEVEN TAXES AND ASSESSMENTS As additional rental henunder, Lessee shall pay and discharg,, u they become due, promptly and before delinquency, all taxes, uaessments, rates, charges, license fees, municipal liens, le\'ies, excises, or imposts, whether pneral or special, or ordinary or extraordinary, of every name, nature and kind whataoever, includinr all governmental charges of whatsoever name, nature, or kind, which may be levied, uae11<1d, charg,,d, or imposed, or which may become a lien or charge on or against the land hereby demised, or any part thereof, the leasehold of Lessee hen,in, the premises described herein, any building or buildings, or any other improvements now or herealur thereon, or on or against Lessee's estate hen,by created which may be a subject of taxation, or on or against Lessor by reason of ito ownership of the fN underlyine thiJ lease, during the entire term hereof, excepting only those taxes hereinafu,r specifically excepted. SECTION TWELVE CONSTRUCTION New Imnrovements . Lessee may construct those improvements necessary to carry ou t the u ses hereby authorized. SECTION THIRTEEN REPAIRS A..'ID DESTRUCTION OF IMPROVEMENTS o) Maintenooc:c Oflmnmvement,,-Lenee ahall, throuehout the term of this Lease , at its own cost, and without any expense to Lessor, keep and maintain the premises, including all parkinc improvement.I of every kind which may be a part thereof, end all appurtenances thereto, includine sidewalks adjacent thereto, in good, -3- sanit:iry, and neat order, condition ,md repair, and, except u 1peciflcally provided •• herein, restore and rehabilitate any improvements of any kind which may be destroyed or damapd by fire, casualty or any other caUH what110ever. Le11H shall keep all the sidewalks on and around the premi ■u free and clear of ice and ■now . Lessor shall not be obligated to make any repairs, rtp!acementa, or nnewala of any kind, nature, or description, whatsoever to th1 demiaed premiH1 or improvements thereon. Lessee shall also comply with and abide by all federal, ■tate, county, municipal, and other governT11e ntaJ statutes, ordinances, laws, and reru]ations affecting the demised premises, the improvements thereon or any activity or condition on or in such premises. bl Pam or,. Io And De:nn1ctian OC Jmnravcmeou. The dama,e, destruction, or partial destruction of any building or other improvement which ia a part of the premises shall not release Lessee from any ob1igation hereunder, exi:ept as hereinafter expressly provided, and in case of damage to or destruction of any such building or improvement, Lessee s hall , at its own expense, promptly repair and restore the same to a condition as good or better than that which existed prior to such damage or destruction . Without li miting such obligations of Lessee it is agree d that the proceeds of any insurance covering such dam age or destruction shall be made avnilable to Lessee for s uch repair or replacemenL SECTIO N FOURTEEN UTILITIES Less,,e shall fully and promptly pay for a ll water, gas, heat, light, power, telephone ser.ice, .md other public utilities of every lond furnished to the pnmises throughout the term h ere~f. and all other costs and expenses of every lend what.soever of or in connection • with the use, operation, and maintenance of the prem.iae1 and all activities conducted thereon, and Lessor shall have no responsibility of any lond for any thereof. SECTIO N FIFTEEN LrENS Lessee shall keep all of the premises and every part thereof and all buildings and other improvements at any time located thereon free and clear of any and all mechanics ' materialmen's, and other liens for or arising out of or in coMection with work or labor done, services performed, or materials or appliances U&ed or fluni!,hed for or in connect.ion with any operations of Lessee, any alteration, improvement, or repain or ... ,1 itio ns which Lessee may make 'or permit or cause to be made, or any work or construction, by, for, or permitted by Lessee o;, or about the prtmisea, or any obliptiooa of any kind incurred by Lessee, and a , •• , times promptly and fully to pay and discharge any a nd all claims on whic' any such lien may or could be based, and to indemnify Les■or and all of the premises and all buildings and m,provements thereon against all such liens and claims of liens and suits or other proceedings pertaining thereto. SECTION SIXTEEN INDEMNIFICATION OF LESSOR f.e ssor shall not be li able for any loss, injury, death, or damage to persons or property which a t any time ma) be suffered or sustained by Lessee or by any person whomsoever may at any time by u.s m g or occupying or visiting the demised premises or be in, on , or about the same, whether s u ch lo ss, inj ury, death, or damage shall be caused by or in any way res ult from or arise out of any act, omission , or negligence of Lessee or of any • ocrapant, any subtenant, visitor, or use of any portion of the premises, or shall res ult from -4 - •• • or be cau sed by a.ny othe, matter or thing, whether of the same kind u or of a dil!'erant kind than the matters or things 11t forth abo,•e, and Les11e shall indemnify Lessor against all claim s , li u bility, loss or damage whatsoever on accoun~ of any ouch lou, injury, death, or damoge. LeHee hereby waivn all claim, apinst Le11or for damages to improvtmantl thot ore now on or herealur placed or built on the pramises and to the property ofLeuee in, on, or about the premises, and for injuries to persons or property in or about the premises , fTom an y cause arising at any time . SECTION SEVENTEEN DELIVERY OF PREMISES Le ssee shall pay the rent and all other sums required to be paid by Lessee hereunder in the am oun ts . at the times, and in tho manner herein provided, and shall keep and perform all the terms and conditions hereoi on its part to be kept and performed, and, at the e:<pirntio n or sooner termination of this Lease, p,.taceably and quietly quit and surrender t.o Lessor the premises in good order and condition subject to the other provisions of this Le ase . In the event of the nonperformancr by Lessee of any of the covenants of Lessee unde r taken herein , th is Lease m3y be terminated as herein provided . SECTIO:-. EIGHTEEN RE~lEDIES Cl™ULATIVE All rem edies hereinbefore and hereafter conferred on Lessor shall be deemed cumulotive and no one exclusive of the other or of any other remedy conferred by law. SECTION NINETEEN INSURANCE Lessee shall maintain in effect throughout the term of this Lease penonal injury liability insurance covering the premises and its appurtenances and property dam.qe li a bility insurance in an amount not Jes• than the liability limit established by itate · statutes for local governmental bodies. Such insurance shall specifically insure Lessee against all liability assumed by it hereunder, as well as liability imposed by law, and shall insure both Lessor and Lessee but shall be so endorsed u to create the same liability on the part of the insurer as though separate policies had been written for Lessor and Lessee. SECTION TWENTY EFFECT OF EMINENT DOMAIN In the event the entire demised premises shall be appropriated or taken under the power of eminent domain by any public or quasi-public authority, this Lease shall terminate and exp ire•·· of the date of such taking, and both Lessor and Lessee shall thereupon be released fr om , liability thereafter accruing hereunder. SECTION TWENTY-ONE SURRENDER OF LEASE The voluntary or other surrender of the Lease by Lessee, or a mutual cancellation hereof, shall not work a merger and shall, at the option of Lessor, terminate all or any existine suble ases or subtenancies, or may, at the op tion of Le s sor, operate u an assignment to it or an y or all such subleases or subtenancies . -5 - SECTION TWENTY-TWO DISPOSITION OF IMPROVEMENTS OR TERXINATION OF LEASE On termination of this Lease, Lessor shall become the owner of any improvements on the demis ed premises . · SECTION TWENTY-THREE WAIVER The waiver by Lessor or the failure of Lessor to take action with respect to any breach of any term, covenant, or condition herein contained, shall not be deemed to be a waiver of such tenn, covenant. or condition , or subiequent breach of the same, or an other term, cov enant, or condition thereon contained.. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of sny precedinr breach by Lessee of any term, co,·enant, or condition ofthi1 Leas<!, other than the failure of Lenee to pay the particular r ental so accepted , regardless of Lessor's knowledge of such preceding breach at the time of a.cce punce of such rent. SECTION TWENTY-FOUR EFFECT OF LESSEE'S HOLDING OVER Any holding over after the e"l'iration of the tenn of this Lease, with consent of Lessor, shall be con strued to be an ext ension afthe tenancy for one yoar, at the same annual rental as required to be paid by Lessee for the period immediately prior to the expiration of the tenn •• hereof, and shall otherwise be on the terms and conditions herein specified, so far as • applicable. SECTION TWENTY-FIVE OPTION TO PURCHASE Lessee shall have an option to purd,ue from Lessor the premises at the sum of five dollars and twenty cents (S5.2 0) per squan, fooL It i1 estimated that then an 74,587 square feet, this estimate is subject to verification and if there are 74,587 squan, feet the purchase price would be $387,852 .40 Notice of election of purchase option shall be made within the original three (3) year term of the Lease. Lessor shall deliver title by Warranty Deed. free of all liens, deed of trust claims, taxes and usessme11ts, U1Ual proration of taxes and other charges shall be as customarily in the Denver metropolitan area. flECTION TWENTY-SIX TERMINATION Th is Lease may be termin ated upon qreement of the Lessor and Lessee or for any 1 easo n heretofore s tated in this Lease. This I-ease is cancelable if a ndevelop ,nent propo sal t,at is acceptable to the Les so r and Lessee is submitted by a redeveloper. -6 - • •• • SEC1' ON TWENTY-SEVEN • ARTIES BOUND The ccr 1enants and condition• henin contained ■hall, subject to tho pn>vi1ion1 u to assignment, transfer, and 1ublettln1, apply to and bind the htin, ■ucc111on, uocuton, admini strators, and u1ign1 of oil of the partin hento; and oil oftht partit1 hereto 1hall be jointly and severally liable hereunder. IN WITNESS WHEREOF, the perti11 have eucuted thi1 Lease at En1lewood, Colorado, the day and yur tint above written. ATTEST : ~ L/)i Exe cutive Secreuiry STATE OF COLORADO l >• COUNTY OF ARAPAHOE l ENGLEWOOD URBAN RENEWAL AUTHORITY By:~2~ iliQ '~•m•N4 SteYen Mulhern , Chairman The foregoing Leu• of ~al Property betwttn the ENGLEWOOD URBAN RENEW AL AUTHORITY and tlie CITY OF ENGLEWvOD wu u.ecuted before me by Steven Mulhern •• Chairman, and 1 pp D O)uk,O u Execu~ Secretary of the Englewood Urbllll Renewal ,\uthority, on the 11..~ay of ✓ p)j , 199'.3. ~•,, 11,0I, Ca• Aon 8M ktaw-- Notary Public Addreu: CITY OF ENGLEWOOD By: Clyde E . Wiggin s , Mayor ATTEST : Patricia H. Crow , City Clerk . 7. ·•· • • Clllie April 5 , 1993 l"IJ'TIATEDBY <XXl'D..~TION Agaldalllln 11 d I I SubJect I I Englewood Urban Renewal Authority Lease of South Acoma Street Parking Lot srAFF SOCRCE Lee D. Merkel , Executive Director/Executive Secretary ISS{EJACTION PROPOSED The Urban Renewal Authority recommends approv11l of ~ Bill for Ordinar.cP approving a lease l>etween the Englewood Urban Renewal Authority and the City of Englewood, Colorado for real property in L'ie 3400 b lock of South Acoma (Parking Lot) . PAEVIOClS CO<l'tC1 ACTION City Council approved II l•~ase of the propeity owned by the Englewood Urban Renewal Authority in the 3400 block of South Acoma Street i.n 1988, by Ordinance No . 41, Series of 1988. The initial lease was for a three year period , with the option to renew for successive one ye~r terms . BAO«lROCM) The vacan t lot on the east side of the 3400 block of South Acoma Street is owned by the Englewood Urban Renewal Authority, and has been leased by the City of Englewood since 1989. The lot was improved to provide off-street parking for the businesses In the 3400 block of South Broadway, and along Englewood Parkway. STAFF ANALYSIS The vacant lot on the east side of the 3400 block of South Acoma Street is the Englewood Ur- ban Renewal Authority's remaining developable parcel in Downtown Englewood . There have been no red evelop me nt proposals submitted for this parcel, nor are any expected in the fore - seeable :uture . The lease of the lot to the City , and the improvement of the lot by the City. does provide off-street pa rking for the businesses in the 3400 block of South Broadway, and along Englewood Pa rkway . PIWIC!.4.NW:I' 'The initial lease fee to the City of Englewood WIIS $ 1.00 per year. This lease amount was in - aemed through negotiation by former Executive Director Wanush to $10.00 per year. •• •