HomeMy WebLinkAbout1998 Ordinance No. 086. '
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ORDINANCE NO .&
SERIES OF 1998
BY AUTHORITY
COUNCIL BILL NO . 78
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE AUTHORIZING A SHORT TERM LEASE WITH SATO'S FLOWERS
FOR USE OF A PORTION OF THE HOME LUMBER PROPERTY AS A SEASONAL
NURSERY STOCK BUSINESS.
WHEREAS, the Englewood City Council authorized the purchase of the Home
Lumber property by passage of Ordinance No. 60 , Series of 1995; and
WHEREAS , Sato's Flowers is a small, seasonal nursery stock business ; and
WHEREAS , the approval of this Ordinance will permit Sato's Flowers to sell
Christmas trees from Thanksgiving through the Holiday Season and bedding plants
April through August on a portion of the Home Lumber site; and
WHEREAS , in the past Sato's has leased property from the previous owners of the
Home Lumber property ;
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 Short Term Lease for Sato's Flowers for use of a portion of the Home Lumber
Property to be used as a seasonal nursery stock business , 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 16th day of November,
1998.
Published as a Bill for an Ordinance on the 20th day of November, 1998.
Read by title and passed on final reading on the 7th day of December , 1998 .
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Published by title as Ordinance No .~, Series of 1998, on the 11th day of
December, 1998.
I, Loucrishia A. Ellis , City Cl erk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true co~ of the Ordinance passed on final reading
and published by title as Ordinance No. t2JL, Series of 1998.
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BUILDING LEASE
This lease, dated , is between the CITY OF ENGLEWOOD,
3400 South Elati Street, Englewood, Colorado 80ll0, as Landlord and SATO'S FLOWERS,
as Tenant.
In consideration of the payment of the rent and the performance of the covenants and
agreements by the Tenant set forth herein, the Landlord does hereby lease to the Tenant
the following described premises situate in Arapahoe County, in the State of Colorado; the
address of which is 1225 West Belleview, Englewood, Colorado 801l0.
Said premises, with all the appurtenances , are leased to the Tenant from the
Thanksgiving 1998 through Holiday Season, and April through August, at and for a rental of
Two Thousand Dollars ($2 ,000.00) per month, payable according to the following schedule:
$2 ,000 .00 per month for the months of
$2 ,000 .00 per month for the months of
November and December
April, May, June , July and August.
The first payment shall be prorated. The rent payment shall be due the first of every
month.
The Tenant may with approval of the Landlord extend this lease in conjunction with the
1998 Agreement for Operation of Sato's Flowers between the City of Englewood and Sato's
Flowers , notice of extension shall be given in writing before the termination of this lease.
THE TENAJ.~T . IN CONSIDERATION OF THE LEASING OF THE PREMISES AGREES AS
FOLLOWS:
1. To pay the rent for the premises above-described.
2. To keep the improvements upon the premises including, drainage , storm sewer, fences ,
sewer connections , plumbing, wiring and glass in good repair, all at Tenant's expense , and
at the expiration of this lease to surrender the premises in as good a condition as when the
Tenant entered the premises, loss by fire , inevitable accident, and ordinary wear excepted.
To keep all sidewalks on and around the premises free and clear of ice and snow , and to
keep the entire 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 with no storage of derelict or junk vehicles.
3. To sublet no part of the premises, and not to assign the lease or any interest therein
without the written consent of the Landlord.
4. To use the premises for no purposes prohibited by the laws of the United States or the
State of Colorado, City of Englewood, 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 occupying adjacent premises .
5. To neither hold nor attempt to hold the Landlord liable for any injury or damage, either
proximate or remote , occurring through or caused by the repairs, alterations, 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 Landlord liable for any injury or damage occasioned by
defective electric wiring, storm water, 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 aid obtaining the written consent of the
Landlord therefor .
6 . To allow the Landlord to enter upon the premises at any reasonable hour .
IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LANDLORD AND TENANT
AS FOLLOWS :
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7. No assent, express or implied, to any breach of any one or more of the agreements hereof
shall be deemed or taken to be a waiver of any succeeding or other breach.
8. If, after the expiration of this lease, the Tenant 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 Landlord may, without being obligated to do so , and without terminating this
lease , retake possession of the said premises, making such changes 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 Tenant shall be liable for the balance of the rent herein reserved until
the expiration of the term of this lease.
10. The Landlord acknowledges receipt of a deposit in the amount of $2 ,000.
11. At the Landlord's option, it shall be deemed a breach of this lease if the Tenant
defaults (a) in the payment of the rent or any other monetary obligation herein; or (b) in the
performance of any other term or condition of this lease. The Landlord may elect to cure
such default and any expenses of curing may be added to the rent and shall become
immediately due and payable.
In the event that the Landlord elects to declare a breach of this lease, the Landlord shall
have the right to give the Tenant three (3) days written notice requiring payment of the rent
or compliance with other terms or provisions of the lease, or delivery of the possession of the
premises. In the event any default remains uncorrected after three (3) days written notice ,
the Landlord, at Landlord's option, may declare the term ended, repossess the premises ,
expel the Tenant and those claiming through or under the Tenant and remove the effects of
the Tenant, all without being deemed guilty in trespass or of a forcible entry and detainer
and without prejudice to any other remedies to which the Landlord may be entitled. If at
any time this lease is terminate under this paragraph, the Tenant agrees to peacefully
surrender the premises to the Landlord immediately upon termination, and if the Tenant
remains in possession of the premises, the Tenant shall be deemed guilty of unlawful
detention of the premises. The Landlord shall be entitled to recover from the Tenant all
damages by reason of the Tenant's default, including but not limited to the cost to recover
and repossess the premises , the expenses of reletting, necessary renovation and alteration
expenses , commissions and the rent for the balance of the term of this lease.
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 attorneys' fees from the other party .
13. In the event any payment required hereunder is not made within (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 Tenant.
14. In the event of a condemnation or other taking by any governmental agency, all proceeds
shall be paid to the Landlord hereunder, the Tenant waiving all right to any such payments.
15 . This lease is made with the express understanding and agreement that in the event the
Tenant becomes insolvent , the Landlord may declare this lease ended , and all rights of the
Tenant hereunder shall terminate and cease.
16. Tenant shall insure the premises for public liability and property damage in the sum of
One Million Dollars with the City of Englewood as an additional insured.
SHOULD ANY PROVISION of this lease violate any federal , state or local law or
ordinance, that provision shall be deemed amended to so comply with such law or ordinance,
and shall be construed in a manner so as to comply .
This lease shall be binding on the parties, their personal representatives, successors and
assigns.
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When used herein, the singular shall include the plural, and the use of any gender shall
apply to both genders.
LANDLORD TENANTS
CITY OF ENGLEWOOD SATO'S FLOWERS
STATE OF COLORADO )
)ss.
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this __ day of
_______ , 1998 , by as President of Sato's Flowers
IN WITNESS WHEREOF, I have hereunto set my hand and affi..'Ced my official seal the
day and year first above written .
My commission expires:--------NOTARY PUBLIC
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Short Term Lease of Home
Novembe r 16 , 1998 10 a ii Lumber Property
Initiated By Staff Sources
Jerrell Black , Director of Parks and Recreation
Department of Parks and Recreation Dave Lee , Manager of Open Spaces
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved the purchase of the Home Lumber property. (Ordinance No.60 , Series 1995)
RECOMMENDED ACTION
Staff recommends Council adopt a b ill for an ordinance, for a short-term lease with Sato's Flowers for
use of a portion of the Home Lumber property .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Sato 's Flowers is a small, seasonal nursery stock business . The purpose of th is lease is to permit
Sato 's Flowers to sell Christmas trees and bedding plants on a portion of the Home Lumber site , wh ich
is currently owned by the City. In the past Mr. Sato has leased property from the previous owners of
the Home Lumber property.
The lease agreement would allow Mr. Sato to sell Christmas trees from Thanksgiving through the
Holiday Season . In addition, Mr. Sato would lease the same property from April through August to sell
bedding plants . The lease calls for a payment of $2 ,000.00 per month . All temporary fencing, utility
hook ups and liability insurance are the responsibility of Mr. Sato .
FINANCIAL IMPACT
The lease agreement would bring the City an additional $12,000 annually. The agreement would also
allow a business to cont inue to operate in the City of Englewood while future development plans for
this site continue.
LIST OF ATTACHMENTS
Memorandum from Jerrell Black
Sato Letter
Proposed Bill for an Ordinance
Lease Agreement
I fax.tit
Nov 12 98 04:30p Recreational Center
MEMORANDUM
TO:
FROM:
DATE :
RE :
Gary Sears, City Manager
Englewood City Council
October 26, 1998
Home Lumber -Short Term Lease
303-762-2688
George Sato, from Sato's Flowers approached me last week. Mr. Sato operates a seasonal
nursery stock business. It is my understanding that in the past Mr. Sato leased varioU$
properties from the previous owners of Home Lumber and also from South Suburban Parks
and Recreation District. He sold Christmas trees and bedding plants at these sites.
Mr. Sato has presented a proposal to the City to lease a portion of the Home Lumber
property . His request would allow for the sale of Christmas trees from Thanksgiving
through the Holiday Season. Also, he would lease the property from April through August of
1999. Mr. Sato would pay the City of Englewood $2,0 00 a month rent. Utility hook ups,
temporary fencing, and liability insurance would be Mr. Sato's responsibility. Attached is a
copy of Mr. Sato's request.
Mr. Sato is in the process of ordering trees and s upplies for the Holiday Season. I informed
Mr. Sato that I would try to give him a response as soon as possible. ?-·
I spoke with 1\fr. Austin Gomes, Chairman of the Parks and Recreation Commission, about
this i;;sue . He supports the tempo rary lease and he will bring this issue to the Board at our
next meeting, November 12, 1998. I also support the temporary lease of the property . This
will allow us to receive some revenue during the short term and will not affer.t our design
process for the new aquatic's facility.
I will be discussing this issue with City Council during study session on Monday, November
2, 1998. If Council supports the lease, we will bring an ordinance (orward for Council'.s
approval on Monday, November 16, 1998.
Please let me know if yo u have a n y questions.
TJB
Attachment (1)
Sato Lease
Cc Parks and Recreation Commission
Dave Lee, Manager of Open Spaces
Gary Hultburg, Recreation Manager
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Printed on Recycled Paper.~
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Nov 12 98 04:3lp Recreational Center 303-762-2688
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Sato' s Flowers
October 21, 1998
City of Englewood
Jerrell Black., Director
Department of Parks & Recreation
1155 W. Oxford Avenue
Englewood, Co 8011 O
Dear Mr. Black:
As per our conversation, I want to lease a ponion of the property on the northside of
Belleview Ave. formerly occupied by Home Lumber Company.
The leased area would be used to sell Cbristmas trees, November through December; and
flowers and bedding plants, April through August. ·
I would need the property for the Chrisnnas Lot from November 20 .to December 31 and
for flowers and bedding plants from April 15 to August 3 1.
Sato's Fiowers would pay the Ciry ofEnglewood two thousand dollars ($2,000 .00) per
month for the use of the property for the specified dates, provide the City with a
Certificate of Liability Insurance for one million dollar ($1,000,000) and acquire the
proper business license from the City of Englewood.
;:-Some ~empornry changes to the property would be necessary: .-
1. Temporary structure for a greenhouse -April-August
2. T ernporary fence -Christmas Lot and Flower and Bedding Plant Lot
3 . Install a construction meter for electricity
4 . Water hookup for the Bedding Plant Lot -meter on premises
As leaseholder I would be responsible for the temporary changes and returning the
propeny in ~ good condition as it was at the time of the lease, the usual wear and tear
excepted. · ·
I am interested in leasing this property until such time the City of Englewood has plans to
develop this property.
If further infonnation is needed, please contact me at (303) 971-0037 .
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