HomeMy WebLinkAbout1998 Ordinance No. 017. . -...
•· ORDINANCE NO. fl
SERIES OF 1998
BY AUTHORITY
COUNCIL BILL NO. 9
INTRODUCED BY COUNCIL
MEMBER NABHOLZ
AN ORDINANCE AUTHORIZING THE LEASE OF A PORTION OF A BUILDING
LOCATED AT 2909 SOUTH BROADWAY BY THE CITY OF ENGLEWOOD .
WHEREAS, the City Council of the City of Englewood has discussed the issue of a
community-orientated Police Substation; and
WHEREAS, the Department of Safety Services is in need of additional office space;
and
WHEREAS, with the passage of this Ordinance the Englewood Department of
Safety Services will move its Impact Team, Community Policing and Community
Relations functions and personnel to this new location; and
WHEREAS, this location is central to an area in the City where the community's
expressed and actual need for these services has been the greatest;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes
the Lease Agreement for a portion of a building located at 2909 South Broadway,
Englewood, Colorado, a copy of which is marked as "Exhibit A" and attached
hereto.
Section 2. The Mayor and City Clerk are 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 2nd day of February,
1998 .
Published as a Bill for an Ordinance on the 6th day of February, 1998.
Read by title and passed on final reading on the 17th day of February, 1998 .
Published by title as Ordinance N o.12_, Series of 1998, on the 20th day of
February, 1998.
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I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy of the Ordinance passed on final
reading and published by title as Ordinance No.1-;2, Series of 1998 .
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LEASE
(•et Ret Ret)
1. PARrIES1 Thie Lease, dated, for reference purposes onl.y, January 21, 1999 ,
is made by and between The South Federal Partnership, LLP , (herein called •Leasor•)
and City of Englewood, , (herein called •Lessee•) •
2. PRBIUSES• A portion of a building (2909 South Broadway) containing 2,000 sq .
ft. of gross lease area. Lessor hereby leases to Lessee and Lessee leases from Lessor
for the term of one Ill year&, and upon all of the conditions set forth herein, that
certain real property situated in the Co unty of Arapahoe State of Colora do,
commonly known as 2 9 09 S o uth Broadway , E n ql.evood, Colorad o 80110 Said real
property including the land and all improvements thereon, is herein called •the
Premises•.
3. TERM1
3.1 Terms The term of this Lease shall be for ---2.!!!L. (1) year& commencing on
February 16, 199 8 and ending on unless sooner terminated pursuant
to any provision hereof.
3.2 Delay in Commenc&lllent1 Notwithstanding said commencement date, if for any
reason Lessor cannot deliver possession of the Premises to Lessee on said date, Lessor
shall not be subject to any liability tnerafor, nor sha l l such failure affect the
validity of this Lease or the obligations of Lessee her eunder or extend the term
hereof, but in such case, Lessee shall not be obligated to pay rent until poeeaeeion
of the Premises is tendered to Lessee; provided, however, that i f Lessor shall not have
delivered possession of the Premises within thirty (30) days from said commencement
date, Lessee may, at Lessee's option, by notice in writing to Lessor within ten (10)
days thereafter, cancel this Lease, in which event the parties shall be discharged from
all obligations hereunder and all moneys returned to Lessee. If Lessee occupies the
Premises prior to said commencement date, such occupancy shall be subject to all
provis i ons hereof and such occupancy shall not advance the termination data.
4. REHT1 The rent shall be $ 1,666.67 per month. The rental paid for each
subsequent option year shall be increased by three (3) percent over the rental paid
during the previous year. Lessee shall pay Lessor upon the execution hereof$ 2 ,440 .49
as rent for February 16, 19~ to March 31 , 1999 • Rent for any period during the
term hereof which is for less than one month shall be a pro rata portion of the monthly
installments. Rent shall by payable in lawful mon e y of the United States to Lessor at
the address stated herein or to such other persons or at such other places as Lessor
may designate in writing.
5. SECURITY DEPOSIT1 A security deposit is waived by Le ssor.
5.1 Lessee shall deposit with Lessor upon executio n her e o f H/A as securi ty
for Lessee's faithful performance of Lessee's o bl i gation s here under. If Lessee fails
to pay rent or other charges due hereunder, or otherwise defaults with respect to any
provisions of this Lease, Lessor may use, apply or retain all or any portion of said
depos it for the payment of any rent or other charge in d ef a u lt or for the payment o f
any other sum to which Lessor may become obligated by r eason of Lessee's default.
Lessor shall not be required to keep said deposit separate from its general accounts.
If Lessee performs all of Lessee's obligations hereunder, said deposit, or so mu c h
thereof as has not theretofore been applied by Lessor, shall be returned, wit hout
payment of interest or other increment for its use, to Lessee (or, at Lessor's option,
to the last assignees, if any, of Lessee's interest hereunder) at the expiration of the
term hereof, and after Lessee has vacated the Premises. No trust relationship is
created between Lessor and Lessee with respect to said Secur ity Depos it .
6. USE1
6.1 Use: The Premises shall be used and occupied only for operating offices
f o r the City of Englewood and for no other purpose.
6.2 Compliance with Law: Lessee shall, at Lessee's expense, comply promptly
with all applicable statutes, ordinances, rules, regulations, orders , restrictions of
record, and requirements in effect during the term o r any part of the term hereof
regulating the use by Lessee of the Premises. Lessee shall not use nor permit the use
of the Premises in any manner that will tend to create waste or a nuisance, if there
shall be more than one tenant in the building contai ning the Premises, shall ten d to
disturb such other tenants.
6. 3 Condition of Premises: Subject to provisions contained in Paragraph
16.25(b). Lessee acknowledges that neither Lessor nor Lessor's agent has made any
representation or warranty as to the suitability of the Premises for the conduct of
Lessee's business.
7. MAINTENAHCE AHD ALTERATIONS1
7.1 Lessor's Obligations: Except for damage caused by any negligent o r
intentional act or omission of Lessee, Lessee 's agent s , employees, or invitees i n whic h
event Le s see shall repair the damage. Lessor, at Les s or 's expense, shall keep in good
order, c o n d ition and repair the foundations, exterior walls and the exterior r o of o f
the Premises. Lessor shall not, h o wever, be obligated to paint such exterior, nor
shall Lessor be required t o maintain the interior sur face of exterior walls, windo ws ,
doors or plate glass. Les s or shall have no obligation to make repa i rs und er t h i s
Paragraph 7.1 until a r e asonable time after receipt o f written notice of the n e ed for
such repairs. In addition Lessor will insure that HVAC system's, maj o r electrical
systems and plumbing units are opera ble at time Less e e occupies the premises. Lessee
shall provide scheduled maintenance for HVAC units. Lessor shall be responsible for
any major repairs or necessary replacement of said HVAC systems.
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7.~ Lessee's Obligation••
(a) Lessee, at Lessee's wcpenee, shall keep in good order, condition and
repair the Premises. including, without limiting the generality of the foregoing,
interior plumbing, electrical and lighting fixtures and equipment within the Premises,
interior walls and interior surface of exterior walls, ceilings, windows, doors , and
plate glass located within the premises and sidewalks adjacent to the premises.
(b) If Lessee fails to perform Laeeee'e obligations under this Paragraph
7.2, Leasor IDAY at Leeeor'e option enter upon the Premises after 10 days prior written
notice to Lessee, and put the same in good order, condition and repair and the cost
thereof together with interest thereon at the rate of 10% per annum shall be due and
payable, if not so paid, as additional rent to Leasor together with Lessee's next
rental installment.
(c) On the last day of the term hereof, or on any sooner termination,
Lessee shall surrender the Premises to Lessor in the same condition as received, broom
clean, ordinary wear and tear excepted, Lessee shall repair any daIDAge to the Premises
occasioned by the removal of its trade fixtures, furnishings and equipment pursuant to
Paragraph 7.3(d), which repair shall include the patching and filling of holes a n d
repair of structural daIDAge.
7.3 Alterations and Additions•
(a) Lessee shall not, without Lessor's pri or written consent, make any
alterations, improvements, additions, or Utility Installations in, or about the
Premises, except for nonstructural alterations not exceeding $2,500 in cost. AB used
in this Paragraph 7.3, the term "Utility Installation" shall mean bus ducting, power
panels, wiring, florescent fixtures, apace heaters, conduits, air conditioning and
plumbing. Should Lessee make any alterations , improvements, additions or Utility
Installat i ons without the prior approval of Leasor, Lessor may require that Lessee
remove any or all of such and restore premises to their prior condition.
(b) Any alterations, impro vements, additions or Utility Installations in,
or about the Premises that Lessee shall desire to make and which requires the consent
of the Lessor shall be presented to Lessor in writ ten form, with proposed detailed
plans. If Lessor shall g i ve its consent the consent s hall be deemed conditioned upon
Less e e acqu i ring a permit to do so from appropriate governmental agencies, the
furnishing of a copy thereof to Lessor prior to the commencement of the work and the
compliance by Lessee of all conditions of said permit in a prompt and expeditious
matter.
(c) Lessee shall pay, when due, all claims for labor or materials
furnished to or for Lessee at or for use in the Premises, which claims are or may be
secured by any mechanic's or materialmen's lien against the Premises or any interest
therein. Lessee shall give Lessor n ot less than ten (10) days notice prior to the
commencement of any work in the Premises, and Lessor shall have the right to post
demand, then Lessee s h all, at its sole expense, defend i tself and Lessor against the
same and shall pay and satisfy any such adverse judgement that may be the condition
that if Lessor shall require. Lessee shall furnish to Lessor a surety bond
satisfactory to Lessor in an amount equal to such contested lien claim or demand
indemnifying Lessor against liability for the same and holding the Premises free from
the effect of such lien or claim. In addition, Lessor may require Lessee to pay
Lessor' a attorneys' fees and cost in p11rticipat i ng in such action if Lessor sh11ll
decide it is to its best interest to d o so.
( d) Unless Lessor requires their removal, as set forth in Paragraph
7.3(a), all alterations, improvements, additions and Utility Installations (whether or
not such Utility Installations constitute trade fixtures of Lessee), which may be made
on the Premises, shall become the property of Lessor and remain upon and be surrendered
with the P r em i ses at the expiration of the term . Notwith sta nding the provis i ons of
this Paragraph 7.3(d), Lessee's machiner y and equipment, other than that which is
affixed to the premises so that it cannot be removed without material damage to the
Premises, shall remain the property of Lessee a n d may be removed by Lessee and may b e
removed by Lessee subject to the provisions of Paragraph 7.2(c).
8. INSURANCE1 INDEMNITY
8.1 Liability Insurances Lessee shall, at Lessee's expense, obtain and kee p in
force during the term of this Lease a policy of Combined Single Limit, Bodily I n jury
and Property Damage Insurance insuring Lessor and Les see against any liability ari sing
out of the ownership, use, occu pancy or maintenance of the Premises and all a r eas
appurtenant thereto. Suc h insurance shall be a combined single limit policy in an
amount not less t han ~l. 000, 000. 00. The policy shall contain cross lia b ility
endorsements and shall insure performance by Lessee of the indemnity p r ovisions o f t h is
Paragraph 8. The limits of said insurance shall n o t, however, limit the liability of
Lessee hereunder. In the event that the Premises cons titute a part of a larger
property, said insurance shall have a Lessor• s Protect ive Lia b i l i ty endorsemen t
attached thereto. If Les s ee shall fail to procure and maintain said insurance, Le s s o r
may, but shall not be requ i red to, procure and ma i ntain the same, but at the expense
of Lessee. Het l!le£e f£eq12eat l y thaa eaeh fi..,e yaaF&y--i-f 1 ia the £saeeaable sf)i Riea ef
I.ease£, the ame12at af 1-i-aaility ia~eFeH~s a et a aeq12ate. Lessee
eaa-k1-iRGFeaee saia iRautaftee ee"era90 as req11irea sy Lesser Pre..,iaea 1 heve•rer, that
ia ae a ... aat shall the al!le11at ef the liability iaa11raaae i-Re£aase be l!lere thaa fifty
f?Srseat qreater thaa the al!lBHRt thsreef a11£iaq the !Jrees&iR~-ve--yea-rs af the terlll sf
this Lease. lle~10•rsr, the fail11rs ef Leaser ts require aay aaaitieaal iasuraaee
G&¥a£aqe shall aet be assmea ts relieve Lesses frsm aay ealiqatisas uaasr this Lsa-&6-r
8.2 Property Insurances
(a) Lessor shall obtain and keep in force during the term of this Lease
a policy or policies of insurance coveri ng loss or damage to the Buildi ng a n d P remises,
but not Lessee's fixtures, equipment or tenant improvem ents ·in the amount of the full
replacement value thereof, providi ng protection against all p e rils including within the
classification of fire, extended coverage, vandalism, malicious mischief, spec i al
extended periods (all risk) but not plats glass ins uranc e. In addition, the Lesso r
shall obtain and keep in force, during the term of this Lease, a policy of rental
income insurance covering a period of six months, with loss payable to Lessor which
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insurance shall also cover all real estate taxes and insurance costs for said period.
In the event the Premises contains sprinklers, then the insurance coverage shall
include sprinkler leakage insurance.
( b) Lessee shAll P"Y to Lessor, during the term hereof, in addition to the
rent, the amount of premiums for the insurance required under this Paragraph 8.2 and
such sum shall be pllrt of the estimated Tax Insurance and CAM chllrges which are
estimated yearly and charged on a 1/12 month basis. The estimate of such charge11 fo r
the first year of this Lease is $2.45 per squ..re foot of l91lsed area •
8.3 Inaurance Polioiea1 Insurance required hereunder shall be in companies
holding a "General Policyholders Rating" of B plus or better as set forth in the most
current issue of "Best Insurance Guide". Lessee shall deliver to Lessor copies of
policies of liability insurance required under. the PArag:r;aph 8 .1 or certificates
evidencing the existence and amounts of such J.Deurance with lose payable clauses
satisfactory to Lessor. No such policy shall be cancelllble or subject t o reduction of
coverage or other modification except after ten (10) days prior written notice of
Lessor. Lessee shall, within ten (10) days prior to the expiration date of such
policies, furnish Lessor with renewals or "binders• thereof, or Lessor may order such
insurance and charge the cost thereof to Lessee, which amount shall be payable by
Lessee upon demand, Lessee shall not do, or permit .to be done, anything which shall
invalidate the insurance policies referred to in Paragraph 8.2.
8.4 ffaiver of Subrogation1 Lessee and Lessor each hereby waives any and all
rights of recovery against the other, or against the officers, em~l~yees, agents ~nd
representatives of the other, for loss of or damage to such waiving party or its
property or the property of others under its control, where such loss or damage is
insured against under and insurance policy in force at the time of such loss or damage.
Lessee and Lessor shall, upon obtaining the policies of insurance required hereunder,
give notice to the insurance carrier or carriers that the foregoing mutual waiver of
subrogation is contained in this Lease.
8.5 ~.....W.~yo Leseea aRei Leaser eaall i RaGmRify &Rd--h<H.~lesa eaaa team
arui-a<jaiRBt aRy aaa all elaime acieiag frem Lessee's >tee ef tae Pr9111 i ses, er frem t.he
eeaei>tat ef-.l,eaeoa' s b>tei-Reas er frem aay aativity 1 werl< er-t.-ft.i age eieae, 13ormit.-t.eei--ef
e>tffereei by Lessee ia er abeu-tr4>ae Premieee er eleewaera aaei-&ha~-1-fuFt.h~Ra~
-Q.....h~&Ef&l.e&&--I.eeeer frem aaei-&<JaiRet aay-a-ad--&-l~a-liue-ar.i-aiR9 fram &Ry brea.:.a
e£-<iofa>tlt ia taa 130rfermaa00 ef afty abligatiea ea Loesea's part ts be porfermeei-\iatier
tao terms ef taie Lease er arisiftg frsm aay aoglig9ftaa ef tao-Leesss, sr aa~
Lessee's ageats 1 eeRtraetare, er am~ee, &Rei f r am &Rei a9aiRst all eG<H;.s 1 attarRey's
~a, eupeRee&-aRQ..-1.i-abilities iReurrsei iR taa a~ae&-Gf...-aay-&U~im er &·RY aatiaa
sr preaeoeiiag brsugat thorasa1 Lessee, upea aetiee frsm Lesser, eaall eiefeaei tae same
at Lee see' e e)[peReo by eeuaeel reaeeaably eatiefaetery ts lesser, Lessee 1 as a
material part sf th&-eGReieisratiea ta Leaser, hereby aee\llllee all risk sf eiama9a ta
praperty er iajury ta parsaaa ia upaa er abaut the Praraieae arisiag frem aay aaus~
Lessee hereby wai~·os all elaime ia roepoat thoroef a g a i aet Loaee-r-r
8.6 Exemption of Lessor from Liability : Lessee hereby agrees that Lessor shall
not be liable for injury to Lessee's business or any loss of income therefrom or for
damage to tho goods, wares, merchandise o r other property of Lessee, Lessee's
emp l oyees, invitees, customers or any other person in or about the Premises, nor shall
Lessor be liable for injury to tho person o f Lessee, Lessee's employees, agents or
contractors, whether such damage or injury is cause d by or results from fire, steam,
electricity, gas, water or rain, or from the breakage, leakage obstruction or other
defects of pipes, sprinklers, wires, appliances, plumbing, air condit i oning or lighting
fixtures, or from any other cause, whether the said damage or injury results from
conditions arising upon the Premises or upon other portions of the building of which
the Premises are a part or from other sources or places and regardless of whether the
cause of such damage or injury or the means of repairing the same is inaccessible to
Lessee. Lessor shall not be liable for any damages arising from any act or neglect of
any other tenant, if any, of the building in which the Premises are located.
9. DAMAGE OR DESTRUCTION&
9.1 Partial Damage-Insured: Subject to the provisio ns of Paragraph 9.3 and 9.4,
if the Premises are damaged and such damage was caused by a casualty required to be
covered under an insurance policy to be maintained pursuant to Paragraph 8.2, Lessor
shall, at Lessor's expense, repair such damage as soon as reasonably possible and this
Lease shall continue in full force and e f fect but Lessor shall not repair or replace
Lessee's fixtures, equipment or tenant i m9 rovements.
9.2 Partial Damage-Uninsured: Subject to the provisions of Paragraphs 9.3 and
9 .4. if at any time during the term hereof the Premises are damaged. exc ept by a
negligent or willful act of Lessee (in which event Less e e shall make the repa irs at its
expense) and such damage was caused by a casualty not c o vered under an insurance policy
required to be maintained by Lessor pursuant to Paragraph 8.2, Lessor may, at Lessor's
option either ( i) repair such damage as soon as reasonably possible at Lessor's
expense, in which event this lease shall continue in full force and affect, or (ii)
given written notice to Lessee with i n thirty (30) days after the date of the occurrence
of such damage of Lessor's intention to cancel and terminate this Lease as of the date
of the occurrence of such damage. In the event Lessor elects to give such notice of
Lessor's intention to cancel and terminate this Lease, Lessee shall have the right
within ten (10) days after the receipt of such notice to give written notice to Lessor
of Lessee's intention to repair such damage at Lessee's expense, without reimbursement
from Lessor, in which event this Lease shall continue in full force and effect, and
Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee
does not give such notice within such 10-day period, this Lease shall be canceled and
terminated as of the date of the occurrence of such damage.
9.3 Total Destruction: If at any time during the term hereof the Premises are
totally destroyed from any cause whether or not covered by tho insurance required to
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be maintained by lessor pursuant to paragraph e. 2 (including any total destruction
required by any authorized public authority) this Lease shall automatically terminate
as of the date of such total destruction.
9. 4 Daaage •ear Bnd of Tera: If the Premises are partially destroyed or damaged
during the last six months of the term of this Lease, Lessor or Lessee may at Lessor's
or Lessee's option, cancel and terminate this Lease as of the date of occurrence of
such damage by giving written notice to the other party of election to do so within 30
days after the date of occurrence of such damage.
9.5 Abateaent of Rant: Lessee's Ramedies:
(a) If the Premises are partially destroyed or damaged, and Lessor and
Lessee repairs or restores them pursuant to the provisions of this Paragraph 9. the
rent payable hereunder for the period during which such damage, repair or restoration
continues shall be abated in proportion to the degree to which Lessee's use of the
Premises is impaired. Except for abatement or rent, if any, Lessee shall have no claim
against Lessor for any damage suffered by reason of any such damage, destruction,
repair or restoration.
(b) If Lessor shall be obligated to repair or restore the Premises under
the provisions of this Pa r agraph 9, and shall not commence such repair or restoration
within 30 days after such obligations shall accrue, Lessee may, at Lessee's option,
cancel and terminate thi s Lease by giving Lessor written notice of Lessee's election
to do so at any time pri or to the commencement o f such repair or restoration. In such
event, this Lease shall terminate as of the date of suc h notice.
9.6 Termination -Advance Payments: Upon termi nation of this Lease pursuant to
this Paragraph 9, an equitable adjustment shall be made concerning advance rent and any
advance payments made by Lessee to Les s or, Lessor shall, in addition, return to Lessee
so much of Lessee's security deposit as has not theretofore been applied by Lessor.
9.7 Lessee shall have tha right to terminate this lease agreement if any damages
that are not repaired within 60 days for partial damage (30% of space or less) or 90
days for total d e struction (affecting space greater than 30%).
10 • -PROPSR'l'¥--'ffdCES I
10.1 PaymteBI; sf Preperl;y 'l'a•ee1 Lesser shal l pay all preperty t anee applieaele
te the Pre111ises aftEi ehar!Je :E.essee aftEi BliBh BWll shall es part sf the eetillla-t-eti
'l'a>S/IRsur aaae aaG-GAH ahar!Je ea 11 l/ 1:1 111eathly eaeia. 'l'he eatilllate af euah ah11r9ee fer
the fi r st year at thi s lease is $:1.49 per squar e f eet a t l easeEi a r a11~
10, :i 9efiBil;ieft sf "Real--Pf.'eperl;y" 'Pax 1 .\a-Ii-S ea her eift 1 the term "real preperty
~ha-l-1--ia&l-\lde afty farm af ae eeE>Glll6ftt 1 lieea s e fee, aSHliller<H.--a-1---reRtal tan, levy,
peRalt}'• er tan (ether t h aa iafter-i.-t.a-aee er e&t.a t ~a-Mea+r-impe eea by a ay---au-t~
haviR!J the-Ei-i-ree t er iacii reet pewer te tan, iaa-1-ua-ifi~RY e i ty, eeuaty, state er
f.ea eral !J BVer nmeRt 1 er aay eehee-l,--a!Jrie11lt11ral 1 l i!Jh t ..ifi !J 1 Ei r a~e er ether
illlprevomeftt Eiietriet thereo f, as a 9 aiaet afty le9al er eq11 ita b-l e interest a f Lesser ia
the Premieee--&E--i-a the re~rep ert;y ef whieh t he P r 0H1 i ees-a-Fe-a-pa-rct;.y-a-a-a-qa-ia~
:E.eeeer'e ri!Jht ts refit or ether iReo1110 th~a , o r as a~st Lessor's bU&ifl~
leaoift!J ~he Pr~ie o e er af'.\y ~an illlpese~ ~ft .s11bet i t11t i oa, partially or totally, sf aay
tau pFo•n.auely l.ReluEieEi "*t;hl.R the Eiefl.ftl.t;l.ea ef r-eal pFapeF1'}' tau, er aay aEiGi-1'-i~
tau, the aat11ro of \Jhieh "'AB p r ovieualy iaeluEieEi \J i thia the Eiefiaitiea sf real preperty
tait-...-
10.3 Joi~&&e....,. .... ~, If the pr0111iaoa are~eparata l y aaeessea, Les&e&L&
,H,a-b-i±i..t;.y-&fta-l~ft equitable prepertiea of tho real preperty tanos fer all of 1'h e
±aftd-a-REi--iHl~efttB iRol11Eieci withift t.he t.au pare&l-aeeee<>e<i, e11eh prepertieft te be
Eiet.ermiaeEi by :E.&&eer tram the reepeotive · .. a111at.iefte a-a&i!JROEi ia t.he aeeeeeer' e we r k
sheets er ether i a fermatiea as may be reaeeaably &"ailable Lesser' s reaea~
EietormiRatiea hereef, ia 9eea faith, shall be eeftelusive,
---HJ, 4 Pel!'&OR&l-Pfep~-..+
-------+-(aa4)--+L""B"'s eee-ah all pay, p r ier ts EieliR'JliOae y, a ll tanoe ass e ee~a st aREi
-l<w-ioEi 1o1p o a-t-raEl&-4-i~r&&r-f-1u-n ia hi Rgs 1 S'JllipmSBt.---a nd---a-1-1-Gt;her--p~al p r ep er ty of
:E.eoee e---e e~eEi i R the P r 0111is e s o r elsewhere. llh ea peee4-b l e 1 :E.o aeoe-sha l l ealie e--ea-id
~<ie fiut11ree, f11 r Rishi R~pmOfN;-aaEi all ethe~· p e r seRal prepert y ts he aaeeeeeEi
aBd bi lleEi separately tram the real-prepsrty af Leasor.
(b) If aay sf Loaaee' s eaid perseaal preporty shall :ea asseaasEi wi-t.h
Le&oer' s real preperty 1 :E.eeaee shall pay Les ear the tau es attrib11table t.o :E.eeeee withift
l 0 Eiaye aft.er reeeipt. ef a writt.eft atat.0111eftt. aot.tift!J fort.h t.ho t.a11ee applieable t.e
Leeses'e property.
11. UTILITIES
Le~s?e shall.pay directly the cost of gas, electric, power, telephone tras h and
other utility services used by Lessee, together with a n y taxes thereon. Lessor shall
pay directly the cost of sewer and water service supplied to premises and include such
charges in the CAM charges assessed to Lessee.
12. ASSIGNMENT ANO SUBLETTING1
12.1 Lessor 's Consent Required• Lessee s hal l not vo l untarily or by o p e ration of
law assign, transfer, mortgage, sublet, or otherwise trans fer or encumber all or any
part of Lessee's interest in this Lease or in the Premises, without Lessor 's written
consent, which Lessor shall not unreasonably withhold. Any attempted assignment,
transfer, mortgage, encumbrance or subletting without such consent shall he void and
shall constitute a breach of this Lease. '
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12.2 Bo Release of Lessee: Regardless of Lessor's consent, no subletting or
assignment shall release Lessee of Lessor's obligation or alter the primAry liability
of Lessee to pay the rant and to perform al.1 other obligations to be performed by
Lessee hereunder unless. written approval by Lessor is received. The acceptance of
rant by lessor from any other person shall not he deemed to he a waiver by Lessor of
any provision hereof. Consent to one assignment or subletting shall not be deemed
consent to any subsequent assignment or subletting. In the event of default by any
assignees of Lessee or any successor o~ Lessee in t~e performance of _any of the te:ms
hereof, Lessor may proceed directly against Lessee without the necessity of exhausting
remedies against said assignee. Lessor may consent to subsequent assignments or
subletting of this Lease or amendments or modifications to this Lease with assignees
of Lessee. without notifying Lessee, or any successor of Lessee, and without obtaining
its or their consent thereto and such action shall not relieve Lessee of liability
under this Lease.
13. DEFAULTS1 REMEDIBS1
13.1 Defaults• The occurrence of any one or more of the fol lowing events shall
constitute a material default and breach of this Lease by Lessee:
(a) The vacating or abandonment of the Premises by Lessee.
(b ) The failure by Lessee to make any payment of rent or any other payment
required to be made by Lessee hereunder, as and when due, where such failure shall
continue for a period of three days after written notice thereof from Lessor to Lessee.
(c) The failure by Lessee to observe or perform any of the covenants,
conditions or provisions of this Lease to be observed or performed by Lessee, other
than described in paragraph (b) above, where such failure shall continue for a period
of 30 days after written notice hereof from Lessor to Lessee; provided, however, that
if the nature of Lessee's default is such that more than 30 days after written notice
hereof from Lessor to Lessee; provided, however, that if the nature of Lessee's default
is such that more than 30 days are reasonably required fo r its cure, then Lessee shall
not be deemed to be in default if Lessee commenced suc h cure within said 30-day period
and thereafter diligently prosecutes such cure to completion.
(d) (i) The making by Lessee of a ny general arrangement for the benefit
of creditors; (ii) the filing by or against Lessee of a petition to have Lessee
adjudged a bankrupt or a petition for reorganization or arrangement under any law
relating to bankruptcy (unless, in the case of a petition filed against Lessee, the
same is dismissed within 60 days); (iii) the appointment of a trustee or receiver to
take possession of substantially all of Lessee's assets located at the Premises or of
Lessee's interest in this Lease, where possession is not restored to Lessee within 30
days; or (iv) the attachment, execution or other judicial seizure of substantially all
of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where
such seizure is not discharged within 30 days.
(e) The discovery by Lessor that any financial statement given to Lessor
by Lessee, any assignee of Lessee, any sub-tenant of Lessee, any successor in interest
of Lessee or any guarantor of Lessee's obligation hereunder, and any of them, was
materially false.
13.2 Remedies1 In the event of any such material default or breach by Lessee,
Lessor may at any time thereafter, with or without notice of demand, and without
limiting Lessor in the exercise of any right or remedy which Lessor may have by reason
of such default or breach:
(a) Terminate Lessee's right to possession of the Premises by any lawful
means, in which case this Lease shall terminate and Lessee shall immediately surrender
possession of the P remises to Lessor. In such event, r.essor shall be entitled to
recover from Lessee all damage incurred by Lessor by reason of Lessee's default
including, but not limited to, the cost of recovering p o ssession o f the Premises;
expenses of reletting, including necessary renovation and alterat ion of the Premises,
reasonable attorneys' fees and any real estate commi s sion actually paid; the worth at
the time of award by the court having jurisdiction thereof of the amount by which the
unpaid rent for the balance of the term after the time of such award exceeds the amount
of such rental loss for the same period that Lessee proves could be reasonably avoided;
that portions of the leasing commission paid by Lessor pursuant to Paragraph 15
applicable to the unexpired term of this Lease.
(b) Maintain Lessee's right to possession in which case this Lease shall
continue in effect whether or not Lessee shall have abandoned the Premises. In such
event Lessor shall be entitled to enforce all of Lessor's right and remedies under this
Lease, including the right to recover the rent as it becomes due hereunder.
(c) Pursue any other remedy now or hereafter available to Lessor under the
laws or judicial decisions of the State of Colorado.
13.3 Default by Lessor1 Lessor shall not be in default unless Lessor fails to
perform obligations required of Lessor within a reasonable time, or such shorter period
of time as is reasonable in the event of an emergency, but i n no event later than
thirty (30) days after written notice by Lessee to Lessor and to the holder of any
first mortgage or deed of trust covering the Premises whose name and address shall have
theretofore been furnished to Lessee in writing, specifying wherein Lessor has failed
to perform such obligations; provided, however, that if the nature of Lessor's
obligation is such that more than thirty (30) days are required for performance, then
Lessor shall not be in default if Lessor commences performance within such 30-day
period and thereafter diligently prosecutes the same to comp letion.
13.4 Late Charges1 Lessee hereby acknowledges that late payment by Lessee to
Lessor of rent and other sums due hereunder will cause Lessor to incur costs not
contemplated by this Lease, the exact amount of which will be extremely difficult to
ascertain. Such costs include, but are not limited to, processing and accounting
charges and late charges which my be imposed on Lessor by the terms of any mortgage or
trust deed covering the Premises. Accordingly, if any installment of rent or any other
sum due from Lessee shall not be received by Lessor or Lessor's designee within ten
(10) days after such amount shall be due, Lessee shall pay to Lessor a late charge
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equo.l. to 5% of such overdue 1U110unt. The po..rties o.gr-tho.t such l.o.te cho.rgea
represents a fair and reasonabl.e estimate of the costs Lessor wil.l. incur by reason of
l.ate payment by Less-. Acceptance of such l.ate charge by Leasor shal.l. in no event
constitute a waiver of Lessee's defaul.t with respect to such overdue amount, nor
prevent Lessor from &Jtercising any of the other rights and remedies granted hereunder •
If the Premises or any portion thereof are taken under the power of eminent
domain, or sol.d under the threat of the &Jtercise of said power (o.l.l. of which are herein
cal.l.ed •condemnation•), this Lease shal.l. terminate as to the part so taken as of the
date the condemning authority takes titl.es or possess i on, whichever first occurs. If
more than 10% of the fl.oar area of the improvements on the premises, or more than 25%
of the l.and area of the Premises which is not occupied by any improvements, is taken
by condemnation, Less ee may, at Lessee 's option, to be exer c ised in writing only within
ten (10) days after Lessor s h all have given Lessee written notice of such taking (or
in the absence of such notice, within ten (10) days after the condemning authority
shall have taken possession) terminate this Lease as of the date the condemning
authority takes such possession. If Lessee does not terminate this Lease in accordance
with the foregoing, this Lease shall remain in full force and effect as to the portion
of the Premises remaining, except that the rent shall be reduced in the proportion that
the floor area taken bears to the total floor area of the building situated on the
Premises. Any reward for the taking of all or any part of the Premises under the power
of eminent domain or any payment made under threat of the exercise of such power s h all
be the property of Lessor, wh ether such award shall be made as compensation for the
diminution in value of the leasehold or for the taki ng of the fee, or as severance
damages; provided, however, that Lessee shall be ent i tled to any award for loss of, or
damage to , Lessee's trade fixtu r es and removable pers onal property. In the event that
this Lease is not terminated by reason of such condemnation, L e ssor shall, to the
extent of severance daiuages received by Lessor in connection with such condemnation,
repair any damage to the Premi ses caused by such condemnation except to the extent t h at
Lessee has been reimbursed therefor by the condemning authority. Lessee shall pay
amount in excess of such severance damages required to complete such repair.
15. BROKER'& FEE1
YJjleR e11es1o1t.iea sf t.his Lease lay la st.a Jjl&Et.ies, Lesse1: shall Jjl&y t.e C01B111~
Ia~·eat.0.-a Realt.•,-1 lieeaseEi 1:0al est.at.a s 1:0ll0£s 1 a fe~eh la.-ell0£ 011\lal
t.e sf t.he aet. leas~a401: t.he lease a9ceQlll0Rt..
16. GENERAL PROVISIONS1
16.1 Estoppal Certificates1
(a) Lessee shall, at any time, upon not less than ten (10) days prior
written notice from Les s or, execute, acknowledge and deli ver to Lessor a statement in
writing (i) certifying that this lease is unmodified and in full force and effect (or,
if modified, stating that nature of such modification and c e rtifying that this Lease,
as so modif i ed, is in full force and effect) and the date to which the rent and other
charges are paid in advance, if any, and (ii) acknowledging that there are not, to
Lessee' a knowledge, any unc u r ed defaults on the part of Lessor hereund er, or specifying
such defaults if any are claimed. Any such statement may be conclusively relied upon
by any prospective purchaser or encwubrancer of the Premises.
(b) Lessee's failure to deli ver such stateme nt within s u ch time shall be
conclusive upon Lessee ( i) that this Lease i s in full f orce and effect, without
modification except as may be represented by L e ssor , (ii ) that there a r e no uncur ed
defaults in Lessor's performance, and (i ii) that not mo r e than one month's rent has
been paid in advance or such f a i lure may b e considered by L essor as a default by Lessee
under this Lease.
(c) If Lessor desires to finance or refinance the Premises, or any
thereof, Lessee hereby agrees to deliver to any lender designated by Lessor,
financial statements of Lessee as may be reasonably required by such len der.
statements shall include the past three years' financial stateme nts of Lessee.
part
such
Such
All such financial statements shall. be r eceived by Lessor in confidence and shall be
used only for the purpo ses h erein set fo rth .
16.2 Lessor's Liability1 The term "Lessor" as u s ed h e rein shall mean only the
owner or owners at the time in question of the fee title or a Lessee 's i nterest in a
ground lease of the Premises, and excep t as expressly provided in Para graph 15, in the
event of any transfer of such t itle or interest, Lessor herein named (and in case of
any subsequent transfers the t h en grantor) s hall be r elieved from a nd after the date
of such transfer of all liabi l ity a respects Lessor's obligations thereafter to be
performed, provided that any funds in the hands of Lessor, or the then granter, at the
time of such transfer, in which Lessee h as an interest, shall be delivered to the
grantee. The obligations contained in this Lease to be performed by Lessor shall,
subject as aforesaid, be binding on Lessor's successors and assigns, only during their
respectable periods of ownershi p.
16.3 S0verability1 The invalidity of any provision of this Lease, as determined
by a court of competent jurisdicti on, shall in no way affec t the validity of any other
pro visions hereof.
16. 4 Interest on Past-due Obligations 1 Except a s e xpressly herein pro vided, a n y
amount due to Lessor not paid when due shall bear interes t a t 12% per annum from the
date due. Payment of such inter est shall not excuse or cure any default by Lessee
under this Lease, provided, however, that interest shall not be payable on late charges
incurred by Lessee nor on any amount upon which late charges are paid by Lessee.
16.5 Time of Essence: Time is of the essence •
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16.6 Captions: Article and paragraph captions are not a part hereof.
16.7 Inoorporation of Prior &greaMlnt.111 Amendments: This Lease contains all
agreements of the parties with respect to any 111Atter mentioned herein. No prior
agreement or understanding pertaining to any such matter shall be effective. This
Lease may be modified in writing on1y, signed by the parties in interest at the time
of the modification. Except as otherwise stated in this Lease, Lessee hereby
acknowledges that neither real estate broker 1ieted in Paragraph 15 hereof nor any
cooperating broker on this transaction, nor the Leasor or any employees or agents of
any said persons, has ma.de any oral or written warranties or representations to Lessee
relative to the condition or use by Lessee of said Premises·, and Lessee acknowledges
that Lessee assumes all reeponsibi1ity regarding the Occupational Safety Bealth Act,
the legal use and adaptability of the Premises and the compliance thereof with all
applicable laws and regulations in effect during the term of this Lease, except as
otherwise specifically stated in this Lease.
16.8 Boticea1 Any notice required or permitted to be given hereunder shall be
in writing and may be given by personal delivery or be certified mail, and if given
personally or by mail, shal l be deemed sufficiently given if addressed to Lessee or to
Lessor at the address noted below the signature of t he respective parties, as the case
ma.y be. Either party ma.y by notice to the other specify a different address for notice
purposes except that upon Lessee's taking possession of the Premises, the Premises
shall constitute Lessee's address for notice purposes. A copy of all notices required
or permitted to be given to Lessor hereunder shall be concurrently transmitted to such
party or parties at such addresses as Lessor may from time to time hereafter designate
by notice to Lessee.
16.9 ffaivers1 No waiver by Lessor of any provision hereof shall be deemed a
waiver of any other provi sion hereof or of any subse quent breach by Lessee of the same
or any other provis i on. Lessor's consent to or approva l of any act shall not be deemed
to render unnecessary the obtaining of Lessor' a consent to or approval of any
subsequent act by Lessee. The acceptance of rent hereunder by Le ssor shall not be a
waiver of any preceding breach by Lessee of any provis i on hereof, other than the
failure of Lessee to pay the particular rent so accepted, regardless of Leasor' a
knowledge of such preceding breach at the time of acceptance of such rent.
16.10 Recording• Lessee shall not record t h is Lease without Lessor's prior
written consent, and such recordation shall, at the option of Lessor, constitute a non-
curable default of Lessee hereunder. Either party shall, upon written request of the
other, execute, acknowledge and deliver to the other a shor t .form "memorandum" of this
Lease for recording purposes.
16.11 Holding Ovar1 If Lessee remains in p o ss e ssion of the Premises, or any
part thereof, after the expiration of the term her eof, without the express written
consent of Lessor, such occupancy shall be a tenancy from month to month at a rental
in the amount of the last monthly rental plus all other charges payable hereunder, and
upon all the terms hereof applicable to a month-to-month tenancy .
16.12 Cumulative Remadies1 No remedy or electi on hereunder shall be deemed
exclusive, but shall, wherever possible, be cumulat i ve with all other remedies at law
or in equity.
16.13 Covenants and Conditions1 Each provis ion of this Lease performable by
Lessee shall be deemed both a covenant and a conditio n.
16 .14 Binding Effect: Cho i c e of Law: S ubject to any provisions hereof
restricting assignment or subletting by Lessee and subject t o the provisions of
Paragraph 16.2, this Lease shall bind the parties, their perso nal r epresentatives,
successors and assigns. This Lease shall be governed by the Laws of the State of
Colorado.
16.15 Subordinations .
(a) This Lease, at Lessor's option, shall be subordinate to any ground
lease, mortgage, deed of trust, o r any other hypo thecation for secur ity now or
hereafter placed upon the real property of which the Premi ses are a part and to any a n d
all advances made on the security thereof and to all renewals, mo difications,
consolidations, replacements and extension ther eof. Notw i thstanding such
s ubordination, Les s ee's right to quiet possession of the Premises shall not be
disturbed if Lessee is not in default and so long as Lessee sha l l p ay the rent and
observe and perform all of the provisions of this Lease, unless thi s Lease is otherwise
terminated pursuant to its terms, if any mortgagee, trustee or g r ound lessor shall
elect to have this Lease pri or to the lien of its mortgage, deed of trust or ground
lease, and shall give written notice thereof to Lessee, this Lease shall be deemed
prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated
prior or subsequent to the date of said mortgage, deed of trust or ground lease or the
date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate such
subordination or to make this Lease prior to the l ien of any mo rtgage, deed of trust
or .ground lease, as the case may be, and failing to do so within then (10) days after
written demand does hereby make, constitute and irrevo cably appo i nt Lesso r as Lessee's
attorney in fact, and in Lessee's name, place and stead to do so.
. 16.16 Attorney 's Fees1 If either party o r the broker named herei n brings an
action to enforce the terms hereof or declare rights hereunder, the prevaili ng party
in any such action, on trial or appeal, shall be entitled to his reasonable attorney's
fees to be paid by the losing party as fixed by the court. The provisions of this
paragraph shall inure to the benefit of the broker named herein who seeks to enforce
a right hereunder •
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16.17 Leaaor'• &co•••• Lessor and Lessor's agents onl.y vhen aooc:apaniad by a
rapreaentative of the City of Englewood ~hall ha~e tbe right to ente7 the Premises at
reasonable times for tbe purpose of inspecting the same, show:uig the same to
prospective purchasers, lenders or lessees, and DIAking such alterations, repair,
improvements or additions to the Pr.emiees or to the build ing of _which they are a part
as Lessor may deem necessary or desi.rable. Lessor may, a ·t any tl.1118, place on or about
the Premises any ordinary •l"or Sale• signs, and Leasor may, at any time during the last
120 days of the term hereof, place on or about the Premises any ordinary •Yor L&Ase"
signs, all without rebate of rent or liability to Lessee.
16.18 Signs and Auctions: Lessee shall not place any sign upon Premises, or
conduct any auction thereon, without Leasor' a prior wri tten consent, except th~t Lessee
shall have the right, without the pri or permission of Lessor, to place ord:uiary and
usual for rent or sublet signs thereon.
16.19 Mergers The voluntary or other surrender of this Lease by Lessee, or a
mutual cancellation thereof, or a termination by Lessor, shall not work a merger, and
shall, at the option of Leasor, terminate all or any existing subtenancies or may, at
the option of Leasor, operate as an assignment to Lea sor of any or all of such
subtenancies.
16.20 Corporate Authority: If Lessee is a corporation, each indi vidual
execut i ng t his Lease on behalf of sai d corporation represen ts and warrants that he is
duly authorized to execute and deliver this Lease o n beha l f of said corporation in
accordance with a duly adopted resolution of t h e Board of Directors of said
corporation, or in accordance wit h the Bylaws of said corporation , and that this Lease
is binding upon said Corporation in accordance with i ts terms. If Lessee is a
corporation, Lessee shall, within thirty (30) days after execution of this Lease,
deliver to Leasor a certified copy of a resolution of the Board of Directors of said
corporation authorizing or ratifying the execution of this Lease.
16. 21 Consents a Wherever in this Lease the consent of one party is required to
an act of the other party such consent shall not be u nreasonably withheld.
16.22 Guarantors In the event there is a guarantor of this Lease, said
guarantor shall have the same obligations as Lessee under Paragraphs 16.1 and 16 .20 of
this Lease.
16.23 Quiet P ossession: Upon Lessee payin g t h e fixed r e n t reserved hereunder
and observing and performing all of the covenants, conditions and provisions on
Lessee' a part to be observed and performed hereunde r, Lessee shall have quiet
possession of the Premises for the entire term hereof for the use provided in Section
6.1 subject to all of the provisions of this Lease.
16.24 Options• In the event the Lessee, under the t o Clll s of this Lease, has any
option to extend the term of this Lease, or any option to pur chase the premises, or any
right of first ref usal to p urchase the premises or oth er p rop erty o f Le asor, then eac h
of such options and rights are personal to Lessee and ma y not b e e x ercised or be
assigned, voluntarily or involuntari l y, by or to anyo ne other than Le ssee exc e pt that
it may be exercised by, or assigned t o , any of the enti ties described in Parag raph 1 2 .2
hereof, for wh o m Lessee does not need the consent of Les sor to ass i gn thi s Lease. In
the event Lessee hereunder has any multiple options to extend this Lease, a later
option to extend the Lease cannot be exercised unless the prior option has been s o
exercised. No option may be exercised at a time when the Lessee is in default under
its obligations under t his Lease.
16.25 Additional Provisions1
(a) Pwapaw~y Tax/Building Insurance and CAM charges• This is a triple
net lease therefore, Les s ee is responsible for reimbur sement to Le ssor fo r his prorata
share (1/2 of property's tot al expense) of ~Ee~eE ~Y ~an ea, building insur ance and CAM
char ges, CAM charges shall include the cost of maint aining pro perty's c o mmon are as and
shall include water and sewer service, lot cleaning , p arking lot plowin g, landscape
ma i ntenanc e and lot light ing. S uch T ax, Insurance and CAM charges are estima ted f or
the first y e ar of the lease term t o be $2.45 per squa re foot of rented area. Th es e
costs will be assessed to Lessee as additional rent in prorata mo nthly payments during
the first year of $408.33 eac h and shall be est i mated in advanc e for each subsequen t
year of lease. Adjustments wi ll be made on a yea rly basis, based on actual costs with
Lessee receiving a copy of such reco nciliation.
(b) P r ior to the lease commencement da t e Le ssor shal l have made all
necess ary and reasonable repair s t o t he premi ses, i ts f i n is hes and fixtures. Le s sor
shall also repair wall finishes, perform necessary painting and h ave cleaned walls,
flooring and carpeting. A walk through will be perfo rmed by Lessor and Lessee prior
to the commencement date to be sure that the premi ses are in acceptable condition to
Lessee.
( c) Tenant covenants wi th Landlord to no tify Landlo rd of any and all
hazardo us substances (as defined belo w) generate or s t ore d at the premises, to comp l y
wi th all obligations imposed by appl ica b le law, rules , r e g ulations or requiremen ts o f
any governmental authority upon such generation and s t orage of ha z ardous subs t ances,
to prohibit any generation, storage or disposal o f hazardous substances at t h e
premises, except as permitted by Lease, to deliver pro mptly to Land l o rd true and
complete copies of all notices received by Tenant from any governmental authority with
respect to the generation, storage or disposal by Tenant of hazardous substances, to
promptly notify Landlord of any spills or accidents invo lving a hazardou s substance,
and to permit reasonable entr y o n to the Premises by La n dlord for verification of
Tenant's compliance wi th this covena nt. Tenant agree s to utili ze only transporters
approved by the Environmental Protection Agency and the State of Colorado to delive r
and remove hazardous substances from the Premises. Tena nt also agrees to indemn ify a n d
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defend LAndlord (with legal counsel r&Asonably Acceptable to Landlord) from and against
any costs, fees or expenses (including, without limitation, clean-up expenses, third-
party claims and eovi.romnantal impai.t::ment axpeoses, loss o f rent, and r8Asooable
disposal of hazardous substances. This indemnification by Tenant shall survive the
termiDAtioo or expiration of this Lease. •eazardous substances• shall mean:
1. •eazardous substances•, as defined in the Comprehensive Eoviromnantal
Response, Compensation and Liability Act, as amended;
2. •peas•, as defined in 40 C.F.R. 761, or analogous regulations promulgated
under the Toxic Substances Control Act, as amended;
3. •Asbestos•, as defined in 29 C.F.R. 1910.1001, et. seq., and analogous
regulations promulgated under the Occupational Safety and Health Act of
1970, as amended;
4. Oil petroleum based products;
5. Radioactive material or waste;
6. Biological and other medical products and waste material; and
7. •eazardous wastes•, as defined in Resource Conservation and Recovery Act,
as amended; as such acts may be amended from time to time, and as such
terms may be expanded by additional legislation of a general nature.
At Lessor's option, in the 60 days prior to the termination of the Lease, Lessor
may require Lessee, at Lessee's expense, to provide an environmental audit to Lessor
for the premises, where Lessor has a reasonable basis for such request.
(d) Option Periods• Lessee is given five (5) one (1) year option terms
for lease renewal. All terms and conditions of this lease shall be the same during
each one year option term except that the rental paid shall be increased by three (3%)
percent over the amount paid during the preceding year. Lessee shall notify Lessor in
writing at least sixty (60) days prior to the expiration of current lease term that it
intends to exercise such one year lease option term.
(e) Lessee's Signaqe1 Lessee shall have the right to use either of two
available eignage spaces. One is located on the exterior building wall on the front
wall facade of the leased unit. The second sign space ia located on the free standing
sign poet adjacent to the street and is the sign space currently labeled as Printers
Personnel. It is Lessee's sole responsibility to pay for whatever eignage they may
place in the two available spaces and for maintaining and insuring such eignage from
any casualty.
The parties hereto have executed this Lease at the place on the dates epecif ied
immediately adjacent to their respective signatures.
If the Lease has been filled in, it has been prepared for submission to your
attorney for his approval. No represent~tion or recommendation is made by the real
estate broker or its agents or employees as to the legal sufficiency, legal effect, or
tax consequences of this Lease or the transaction relating thereto.
Address:
LESSOR:
Address:
Phone1
3615 South Elati Street
Englewood, Colorado 80110
Englewood
th Federal Partnership, LLP
Jt/~~s;/
//z"3>/;;y
1205 Sou{h-Platte River Drive, Suite 100
Denver, Colorado 80223
733-4607 (William P. Vassil)
THIS LEASE HAS IMPORTANT LEGAL CONSEQUENCES, AND THE TENANT SHOULD CONSULT LEGAL COUNSEL BEl'ORE
SIGNING •
LEASENET.POLICE
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JHN -29-1998 11=1 7 t.NGLE WOOD SHFE T( SE RVIC ES 0241 P .01
MEMORANDUM
TO: Chris Olson, Director
FROM: Division Chief Vandermee
DATE: January 13 , 1998
SUBJECT: Proposal for Off Sight Office Space
Over the last several years as you well know, the Department of Safety Services
has reached a critical situation in terms of office space for employees.
Current conditions have employees cramped into small offices such as the Code
Enforcement personnel. In their particular situation four employees occupy a
very small office in the patrol bureau while an additional four are located in a "bull
pen" environment located in Fire Administration .
Community Relations and the Impact Team are physically housed in the Denny
Miller Building. The six patrol sergeants are bull penned in the patrol room with
no privacy in which to conduct employee counseling, meetings with citizens, or to
conduct what often times is confidential business , i.e. evaluations, personnel
investigations, etc.
As the organization grows and specialized functions are develo,oed that are
critical to the success of the organization and the achievement of our goals. the
space situation becomes increasingly more critical.
At a recent staff meeting, the Space Utilization Committee was re-instituted.
Members included me. Deb Moomaw, Joyce Parsons , Jeff Sanchez, Jay Seay,
Don Schoenbein , and Jim Ulrich.
Prior to our first meeting I assigned Sergeant Sanchez the resp<Jnsibility of
locating potential locations in the city that were available for lease and that could
provide us with necessary office space.
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U..:.-H r-. ll.:.
Sergeant Sanchez located the property at 2901 South Broadway. This location
was previously occupied by Stand By Personnel. The adjacent office at 2911
South Broadway is currently occupied by Printer's Personnel but will be available
February 1, 1998. 2901 South Broadway has been leased to a telephone
communications company .
2911S. Broadway remains available and could easily house the Impact Team
and the Community Relations officer. It also provides ample space that could
provide a combination meeting facility/training room . It could also be easily
converted to additional office space that could house other organizational units.
The utilization of this facility for the Impact Team and Community Relations
would further emphasize the organizations commitment to community policing by
establishing a store front operation in a portion of the city where police
interaction with the community is critical to the effective resolution of issues that
continue to arise even with the closure of Stand By Personnel.
The resulting vacancies in the Denny Miller Building could then be used as
offices for the entire Code Enforcement Unit with rippling expansions and
developments in patrol and fire administration . The opportunity to create a work
environ ment in which peer groups such as code enforcement a re grouped
together would greatly enhance the effectiveness and efficiency of the
department.
The Space Utilization Committee met on January 15 . 1998, and discussed the
idea of off sight office space and fully endorses this recommendation .
The approximate costs associated with leasing this sight are as follows:
Lease $10.00 per square foot:: $20.000 Annually
Tax/Insurance/CAM estimate $2.45 per square foot= 4,900 Annually
Average Monthly Gas & Electric $230 .00 per month:: 2 ,760 Annually
Denver Burglar Alarm (estimate) $35.00 per month= 420 Annually
U.S . West (estimate) $50 per line(S lines) per Month~ 3.000 Annually
Thomas E. Vandermee , Division Chief
Police Operations Division
Total= $31,080 Annually
TOTAL P.02
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COUNCIL COMMUNICATION
Date Agenda Item Subject
February 2, 1998 11 a i Ordinance for a building lease
Initiated By Staff Source
Sat ety Services Division Chief Tom Vandermee ·
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The substation project, at 2909 South Broadway, was discussed by Council at the study session and
regular council meeting on 1-19-98, and received initial favorable review.
RECOMMENDED ACTION
We are requesting approval of the ordinance for the City to enter into a lease of the building at 2909
South Broadway. This building will serve as an Englewood Community Policing Substation.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Use of this facility will enable the Department of Safety Services to consolidate its Impact Team,
Community Policing and Community Relations functions and personnel at one primary location. This
location is central to an area in the city where the community's expressed and actual need for these
services has been the greatest.
City Attorney Dan Brotzman has reviewed and approved this lease as to form and content.
Division Chief Vandermee's memorandum , "Proposal for Off-Site Office Space," provides additional
information and analysis.
FINANCIAL IMPACT
The annual costs to the City of Englewood are summarized on page two of Division Chief Vandermee's
memorandum. The department also anticipates moving and start-up costs of about $5,000. The
Department of Safety Services will pursue several possible grants and potential forfeiture sources to
fund this project. Those costs not covered by such grants or forfeitures will be absorbed through the
current budget.
LIST OF ATTACHMENTS
Proposed bill for an ordinance
Copy of lease
Division Chief Vandermee's memorandum