HomeMy WebLinkAbout1998 Ordinance No. 047l
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ORDINANCE NO . t/!]_
SERIES OF 1998
BY AUTHORITY
~(J;J.~?3 10bvi
COUNCIL BILL NO. 39
INTRODUCE D BY COUNCIL
MEMBER NABHOLZ
AN ORDINANCE AUTHORIZING THE LEASE OF AN OFFICE LOCATED AT 11
WEST HAMPDEN A VENUE TO BE USED BY THE ENGLEWOOD
NEIGHBORHOOD AND BUSINESS DEVELOPMENT DEPARTMENT AS A
BUSINESS DEVELOPMENT FIELD OFFICE.
WHEREAS, the City Council of the City of Englewood adopted the South Broadway
Action Plan by the passage of Resolution No. 51, Series 1997 ; and
WHEREAS , the South Broadway Action Plan identified the opening of a Business
Development field office ; and
WHEREAS , Council has consistently cited economic development, including
business retention, redevelopment of commercial areas/corridors , and the
implementation of the South Broadway Action Plan as Council priorities; and
WHEREAS, with the passage of this Ordinance the Englewood Department of
Neighborhood and Business Development will open a Business Devel opment field
office for a twelve (12) month period ; and
WHEREAS , this location is central to the business are a of the City and provides an
opportunity to try a new and different entrepreneurial approach to service delivery and
community outreach; and
WHEREAS, the field office will create a strong community presence for
implementing Council policy on major Broadway redevelopment issues as well as
providing a highly visible show of commitment to Englewood merchants;
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 Business Lease for 11 West Hampden Avenue to be used by the Englewood
Neighborhood and Business Development Departm e nt as a business development
fie l d office, 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 6th day of July, 1998 .
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Published as a Bill for an Ordinance on the 10th day of July , 1998.
Read by title and passed on final reading on the 20th day of July, 1998 .
Published by title as Ordinance No. t.J!/., Series of 1998 , on the 24th day of July,
1998.
I , Loucrishia A . Ellis , City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true cop7 #{the Ordinance passed on final reading
and published by title as Ordinance No . ~ Series~'~
I.:oucrishia A. Ellis
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BUSINESS LEASE
for
11 W. Hampden Avenue
THIS LEASE is made this 15th day of July , 1998, between Wolf Land
Development, LLC (the "Lessor") and City of Englewood (the "Lessee ").
In consideration of the payment of the rent and the performance of the covenants
and agreements by the Lessee set forth below , the Lessor does hereby lease to the
Lessee the following described premises situate in the County of Arapahoe , in the State
of Colorado; the address of which is: 11 West Hampden Avenue, Englewood,
Colorado 80110 ; portions of Lots 25 and 26 , Enwood Addition , City of Englewood ,
County of Arapahoe .
TO HAVE AND TO HOLD the same with all the appurtenances unto the said Lessee
from twelve o 'clock noon on the 15th day of August, 1998 and until twelve o 'clock noon
on the 15th day of August, 1999, and for a rental for the full term of $19 ,200 payab le in
monthly installments of $800 , on or before twelve o 'clock noon on the 1st day of each
calendar month during the term of this lease at the office of the Lessor at Wolf Land
Development LLC, 11 West Hampden Avenue, Suite L 100, Englewood, Colorado
80110 without notice . Payment will be based upon funds appropriated on a year ly bas is
by the Lessee.
The Lessee , in consideration of the leas ing of the premises agrees as follows :
1. To pay the rent for the premises described above , to keep the improvements upon
the premises , including sewer connections , plumbing , wiring and glass in good
repair , all at Lessee 's expense , and at the expiration of this lease to surrender the
premises in as good a condition as when the Lessee entered the premises , loss by
fire , inevitable accident, and ordinary wear excepted . Lessee will pay a Common
Area Maintenance Fee (CAM) in the amount of $25 .00 due and payable to Lessor
monthly in addition to the monthly rent payment. Said fee will be adjustable yearly to
cover the costs of snow removal and maintenance on all sidewalks on and around
the premises and to keep the entire exterior premises free from all litter, dirt, debris ,
and obstructions ; to keep the premises in a clean and sanitary condition as required
by the ordinances of the city and county in which the property is situated . Lessee to
carry necessary contents insurance and to hold lessor harmless from expenses
incurred due to loss of said contents .
2. To sublet no part of the premises , and not to assign the lease or any interest therein
without the written consent of the Lessor.
3. To use the premises only as a business office and to use 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 questionable purposes whatsoever , and to neither permit nor suffer any
disorderly conduct, noise or nuisance having a tendency to annoy or disturb any
persons occupy i ng adjacent premises .
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4 . To neither hold nor attempt to hold the Lessor liable for any injury or damage, either
proximate or remote, occurring through or caused by the repairs , alternations, injury
or accident to the premises , or adjacent premises , or other parts of the above
premises not herein demised, or by reason of the negligence or default of the
owners or occupants thereof or any other person, nor to hold the Lessor liable for
any injury or damage occasioned by defective electric wiring, or the breakage or
stoppage of plumbing or sewerage upon said premises or upon adjacent premises,
whether breakage or stoppage results from freezing or otherwise ; to neither permit
nor suffer said premises , or the walls or floors thereof, to be endangered by
overloading, nor said premises to be used for any purpose which would render the
insurance thereon void or the insurance risk more hazardous, nor make any
alterations in or changes in upon or about said premises without first obtaining the
written consent of the Lessor to place a "For Rent" card or sign upon the leased
premises at any time after sixty (60) days before the end of this lease. Lessor will
name Lessee as additional insured on their business liability policy which must be a
minimum $1 million and a copy of said policy must be forwarded to Lessor and
updated yearly .
5. To allow the Lessor to enter upon the premises at any reasonable hour.
6. To pay all charges for water and water rents and for heating and lighting of the
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portion of the building in which said premises are located. •
7 . It is further agreed that: No assent, expressed 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.
8. If, after the expiration of this lease , the Lessee shall remain in possession of the
premises and continue to pay rent without a written agreement as to such
possession, then such tenancy shall be regarded as a month-to-month tenancy, at a
monthly rental , payable in advance , equivalent to the last month 's rent paid under
this lease , and subject to all the terms and conditions of this lease.
9. If the premises are left vacant and any part of the rent reserved hereunder is not
paid , then the Lessor may , without being obligated to do so , and without terminating
this lease, retake possession of the said premises and rent the same for such rent,
and upon such conditions as the Lessor may think best , making such change and
repairs as may be required , giving credit for the amount of rent so received less all
expenses of such changes and repairs , and the Lessee shall be liable for the
balance of the rent herein reserved until the expiration of the term of this lease.
10 . The Lessor acknowledges receipt of a deposit in the amount of $800 to be held by
the Lessor for the faithful performance of all of the terms , conditions of this lease .
The Lessor may apply the deposit to cure any default under the terms of this lease •
and shall account to the Lessee for the balance. The Lessee may not apply the
deposit hereunder to the payment of the rent reserved hereunder or the performance
of other obligations .
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11. If any part of the rent provided to be pa id herein is not paid when due, or if any
default is made in any of the agreements by the Lessee contained herein, it shall be
lawful for the Lessor to declare the term ended , and to enter into the premises, either
with or without legal process , and to remove the Lessee or any other person
occupying the premises , using such force as may be necessary , without being liable
to prosecution, or in damages therefore and to repossess the premises free and
clear of any rights of the Lessee. If, at any time, this lease is terminated under this
paragraph, the Lessee agrees to surrender the premises to the Lessor immediately
upon termination , and if the Lessee remains in possession of the premises , the
Lessee shall be deemed guilty of forcible entry and detainer of the premises , and
waiving notice , shall be subject to forcible eviction with or without process of law.
12. In the event of any dispute arising under the terms of this lease , or in the event of
non-payment of any sums arising under this lease and in the event the matter is
turned over to an attorney , the party prevailing in such dispute shall be entitled , in
addition to other damages or costs , to receive reasonable attorney 's fees from the
other party .
13 . In the event any payment required hereunder is not made with in ten (10) days after
the payment is due , a late charge in the amount of five percent (5 %) of the payment
will be paid by the Lessee .
14 . In the event of a condemnation or other taking by any governmental agency , all
proceeds shall be paid to the Lessor hereunder, the Lessee wa iv ing all right to any
such payments .
15 . This lease is made with the express understanding and agreement that, in the event
the Lessee becomes insolvent , or is declared a bankrupt, then , in either event, the
Lessor may declare this lease ended , and all rights of the Lessee hereunder shall
term inate and cease . ·
16. THIS LEASE shall be binding on the parties , their personal representatives ,
successors and assigns .
17. The City shall have the option to renew this lease for an add itional twelve months at
the rate set forth above.
LESSOR: LESSEE:
WOLF LA.ND DEVELOPMENT LLC CITY OF ENGLEWOOD
Thoma s J. Burns, Ma y or
ADDITIONAL PROVISIONS : If applicable , see attached and initial here :
ATTEST:
Loucr ishia A. Elli s, City Clerk
Addendum to Lease Agreement
between City of Englewood Business
Development and Wolf Land Development LLC
It is further agreed that Wolf Land Deve lo p ment will make improvements to the lease
space to provide a reception area , two office spaces and a conference room at a cost
not to exceed $3 ,970.00 . Said cost to be paid by Lessee upon completion . Lessee is to
work with Wolf Land Development to keep costs within the specified budgets below.
WOLF LAND DEVELOPMENT LLC CITY OF ENGLEWOOD
By :
6-1-98 P reliminary Estimate for Improvements for Office Space
1. Demo , hauling and general labor
2 . Electrica l
3. Electrical fixtures (3 troughers)
4 . Framing, drywall and dropped ceiling
5. Plexi-glass and interior trim (labor and materials)
6 . Paint
7 . Carpet and pad
TOTAL:
Initials for budget: ____ _
$ 25 0.00
470.00
200 .00
850.00
750 .00
400.00
1 ,050.00
$ 3 ,970 .00
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