HomeMy WebLinkAbout1964-09-14 (Special) Meeting MinutesSPBCIAL MEETING:
COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
SEPTEMBER 14, 1964
The City Council of the City of Englewood, Arapahoe County, Colorado, met in
special session on Monday, September 14, 1964, in the Council Chambers, City Hall,
Englewood, at the hour of 8:00 P.M. pursuant to the following call:
September 11, 1964
NOTICE OF CALL BY THE MAYOR
FOR SPECIAL SESSION OF THE CITY COUNCIL
MONDAY, SEPTEMBER 14, 1964 -8:00 P. M.
to discuss Special Election on Tuesday, November 3, 1964, for issues as to zoning
City Park land, vacation of certain streets and alleys located in City Park land
and to lease the c. A. Norgren property fozJuse by City of Englewood.
' Notice and call is hereQy given of a Special Session of the City Council to
be held on Monday, September 14, 1964, at 8:00 P.M., for the express purpose of
discussing Special Election on Tuesday, November 3, 1964, for issues as to zoning
City Park land, vacation of certain streets and alleys located in City Park land
and to lease c. A. Norgren property for use by City of Englewood.
/•/ Stanley H. Dial
City Manager
ACKNOWLEDGEMENT OF RECEIPT OF NOTICE
The following persons, all Councilmen of the City of Engl8'«>od, Colorado, do
hereby acknowledge the receipt of notice of the above special session.
/s/ Samuel L. Love
/s/ Tymer Rice
/s/ Wm. B. Hanson
/s/ Donald G. Fullerton
/s/ H. R. Braun
/s/ John c. Kreiling
The Mayor asked for roll call. Upon the call of the roll, the following per-
sons were present:
Councilmen: Braun, Fullerton, Hanson, Kreiling, Rice, Love.
Also Present: City Manager Dial,
Administrative Assistant Malone,
City Attorney Esch,
Special Counsel John Criswell,
City Clerk Chase.
Absent: Councilman Allen.
The Mayor declared a quorum present.
Mayor Love announced that a petition was received on September 1, 1964, request-
ing that the City reconsider Ordinance No. 16, Series of 1964, relating to the re-
zoning of the land known as the Englewood City Park. He stated that the Council was
present to reconsider this zoning and take whatever further action is necessary.
If the ordinance is not repealed it will be necessary to have a special election.
MAYOR LOVE ASKED THB QUESTION, AS TO HOW MANY WISHED TO STAND ON ORDINANCE NO.
16, SERIES OF 1964. Upon the call of the roll, the following vote resulted.
Ayes: Councilmen Braun, Fullerton, Hanson, Kreiling, Rice, Love.
Nays: None.
Absent: Councilman Allen.
The Mayor declared the motion carried.
Councilman Fullerton introduced a resolution cal1a9 for a special election.
The resolution was read by the City Clerk.
RESOLUTION
WHEREAS, on the third day of August, 1964, the City Council of the City of
Englewood passed, on final reading, Ordinance No. 16, Series of 1964, which included
certain realty located in said City within that zoning district as B-I, and
WHEREAS, on the first day of September, 1964, a petition was presented, in
accordance with Article VI, Section 47, of the Charter of the City of Engl8'«>od•
demanding that Council reconsider said ordinance and, if not entirely repealed,
to submit the same to a vote of the qualified electors of the City, and
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Minute• of September 14, 1964
WHBRBAS, at a apecial meeting of the City Council of the City of Englewood,
held on Monday, September 14, 1964, said council ha• found aaid petition to be
legally auff icient and has reconsidered said ordinance with the reault that the
aame was not entirely repealed, or amended in any way,
ROW, THBRBPORB, be it resolved by the City council of the City of Englewood,
Arapahoe County, Colorado, that said Ordinance No. 16, Serie• of 1964, be •ub-
•itted to a vote of the qualified electors of the City of Engl.wood at a apecial
election to be held on Tuesday, November 3, 1964, purauant to Article VI, Section
46 and 47, of the Charter of the City of Bngl8'«>0d, and that the City Clerk and
the Election Conmission of the City of Englewood be, and are hereby, directed to
give notice aa prescribed by law to the qualified elector• of the City of
Bn9lewood of aaid apecial election for the purpoae of voting upon Ordinance No.
16, Serie• of 1964, and to take auch other, further or additional action aa ia
preacribed by law and arrange for and to conduct said apecial election.
ADOPTED AND APPROVED this 14th day of September, 1964 A.D.
Mayor
ATTEST:
c--~4~~ --ci,Y cTerk
CX>UNCILMAN FULLBR'l'ON MOVED, CX>UNCILMAN RICB SECX>NDBD, THAT 'l'BB RESOLUTION BB
ADOPTED AND APPROVED. Upon the call of the roll, the vote reaulted a• follow•:
Ayea: Councilmen Braun, Fullerton, Hanson, Kreiling, Rice, Love.
Nays: None.
Abaent: Councilman Allen.
'l'he Mayor declared the motion carried.
'!'hen Councilman Fullerton presented to the Council a proposed ordinance,
readinq as follows:
AB ORDINANCE VACATING ALL STREETS, ALLEYS, ROADS, AVENUES, AND OTHER PUBLIC WAYS
AIR> PUBLIC GROUNDS CONTAINED WITHIN CERTAIN PROPBR'l'Y LOCATED IN THE CITY OF
B9GLBWOOD, ARAPAHOE comm, COLORADO, COMMORLY JQlOWN AS THE DGLBWOOD CI'l'r PARK
Alm CBRTAIN PROPERTY ADJOINING SUCH PARK TO THE WEST, MORE PARTICULARLY DBSCRIBBD
IB SUCH ORDIRAHCB, AT SUCH TIME AS THE CITY OF EHGLBWOOD SHALL PERPOIM ITS OBLI-
GATIOB TO COBVBY CERTAIN LARDS UNDER THAT CONTRACT APPROVED IN PEOPLE'S ORDIHANCB
80. 1, SBRIBS OF 1964.
WBBRBAS, that land in the City of Englewood commonly known as Englewood City
Park and certain adjoining lands in the SBll of Section 33 and the SWIJi of Section
34, Townahip 4 South, Ranqe 68 Weat, 6th P.M., Arapahoe county, Colorado are aub-
ject to certain contracts which will result in an aasemblaqe of land• in single
ownerahip: and
WBBRBAS, the qualified electors of the City of Enqlewood at a apecial election
held on April 7, 1964 approved and adopted People's Ordinance No. 1, Serie• of 1964,
providing for the aale of certain land commonly known as Bnql.wood City Park to •ew Bnglewood Company upon the terms and conditions of the contract approved in
aaid ordinance: and
WBBRBAS, purauant to aaid ordinance said contract waa duly executed by the
appropriate off icera of New Enqlewood Company and the City of Bnglewood on
May 20, 1964: and
WBBRBAS, at auch time aa the City of Enqlewood shall perform its obliqation
to convey aaid land purauant to that contract approved in People'• Ordinance Bo.
1, Serie• of 1964, the public uae, convenience and neceaaity no longer require the
exiatence of streets, alleys, roads, avenues, and other public ways and public
qrounda in the said land and certain adjoining landa aa hereinafter more fully
described:
BOW 'l'HERBFORB, BB IT ORDAINED BY THE PBOPLB OF '1'HB CITY OF DGLBWOOD, COLORADO:
All the following described atreeta, alleya, roads, avenues, and other public
waya and public grounds are vacated and relinquished at such time as the City of
Bnqlewood shall perform its obligation to convey the lands described in that cer-
tain contract dated May 20, 1964, approved in People's Ordinance No. 1, Series of
1964 to the purchaser described therein.
1. All streets, alleys, roads, avenues and other public ways and public
grounds lying and being within Normandy Addition, as set forth on the plat· recorded
in Plat Book 4, at paqe 32 of the records of Arapahoe county, Colorado:
Minute• of September 14, J964
2. That certain road, street or way known aa City Park Drive which traverses
and i• contained within the land commonly known aa the Englewood City Park:
3. All other streets, alleys, roads, avenues, and other public ways and
public grounds, whether created by grant, prescription or any other manner, and
whether owned solely by the City of Englewood, th• public at large, or both, lying
and being within the following described property located in the S.,_ of Section 33
and the SWli of Section 34, Township 4 South, Range 68 Weat, 6th P.M., Arapahoe
County, Colorado: -
Beginning at the pqint at which the weat line of South Bannock Street
intersects with thttiorth line of the SlsSW'I of said Section 34: thence
westerly along said north line of said S"8W1I to the northwest corner
of said sJssw~: thence continuing weaterly along the north line of the
SBltiSBlti of said Section 33 to the eaaterly line of the Santa Fe Rail-
way right-of-way: thence southwesterly along the easterly line of said
right-of-way a distance of 1128.33 feet: thence on an angle to the left
of 106•54'23" a diatance of 66.69 feet: thence on an angle to the right
of 90•38'42" a diatance of 36.0 feet: thence on an angle to the left of
90•05'00" to a point which is 622.0 feet west of the east line of said
aection 33: thence ·aouth a distance of 141.0 feet, more or leaa, to the
north line of Weat Hampden Avenue: thence eaaterly along aaid north
line to the weat line of said Section 34: thence continuing eaaterly
along said north line a distance of 945.65 feet, more or leas, to the
weat line of Blati Street: thence northerly along aaid weat line and
west line •• extended a distance of 642.99 feet, more or leas, to a
point on the north line of the SBIJI sw~swi. of said Section 34: thence
easterly along the north line, and the north line aa extended, of
said SBllSBltiawlt to a point on the weat line of McKinley'• Subdivision,
Second Piling: thence northerly along aaid west line of aaid McKinley'•
Subdivision, Second Filing, to the northweat corner of aaid McKinley's
Subdiviaion, Second Filing: thence eaaterly along the northerly line of
aaid McKinley'• Subdiviaion, Second Filing, a diatance of 311.15 feet,
more or le•• to the northeaat cJCOrner of aaid McKinley'• Subdivision,
Second Filing: thence aoutheaaterly along the northly line of McKinley'•
Subdivision a distance of 185.62 feet: thence on an angle to the left
of 109•37'50" a diatance of 241.37 feet: thence on an angle to the left
of go•oo•oo" a distance of 100.00 feet: thence on an angle to the
right of go•oo•oo" a diatance of 175.00 feet: thence on an angle to
the right of go•oo•oo" a distance of 233.50 feet,more or leaa, to the
weat line of South Bannock Street: thence northerly along aaid west
line a distance of 252.38 feet, more or leaa, to the point of
beginning.
BXCBPTillG all portions of West Floyd Avenue and South Huron Street lying
within the said deacribed property.
ARD MOVBD THAT SAID PROPOSBD ORDINANCE BB SUIMIT'l'BD TO A VO'l'B OP 'l'BE QUALIFIED
BLBCTORS OF TBB CITY OF DIGLBWOOD AT THAT SPBCIAL llURICIPAL BLBCTION TO BB BBLD
OB llOVBMBBR 3, 1964. COUllCIUIAll RICE SBCORDBD SAID MOTIOll ARD, upon the call of
the roll upon said motion, the vote resulted •• followas
Ayes: Councilmen Braun, Pullerton, Ranson, Xreiling, Rice, Love.
llaya: llone.
Abaent: Councilman Allen.
'the Mayor declared th• motion carried.
councilman &an90n then preaented to Council a propoaed ordinance, reading
•• follows:
All ORDIDRCB AU'ftlORIZillG MID DIRBCTillG BXBCUTIOll OF A LBASB BY THB CI'l'r OF
BllGLmfOOD, AS TBllAllT, OF CBRTAIN PROPBR'l'r AT 3400 SOUTH BLATI STRBBT, ENGLEWOOD,
COLORADO FROM C. A. llORGRBN CO., FOR A TBM OP 33 YEARS CC»OIBlfCillG JANUARY 1,
1965, AT A RBR'l'AL OP $20,000 FOR THE lST YBAR, $25,000 for the 2RD YBAR,
$30,000 POR TBB 3RD YBAR, $110,752 FOR BACH OP 'ftlB 4TB THROUGH TBB 8TB YBARS,
AllD $76,920 POR '1'HB 9'1'11 THROUGH TBB 33RJkBARS1 PLUS 'l'BB COSTS OF ALL TAXBS Al1D
ASSSSSllBllTS, OCCUPAllCY COSTS, MAIBTDtABa AllD RBPAIRS, Al1D IBSURABCB AGAillST
PIU AllD CASUALft RISKS, WI'l'B LIMITBD POWBR TO ASSIGB AllD SUB-LBT, 'l'OGB'l'llBR WI'l'B
All OPl'IOB IB 'ftlB CI'l'r '1'0 PURCBASB THB PROPBR'l'r DURIBG TBB PIRST 5 YBARS OP TBB
T.MSB, AT A PRICB OF $900,000 LBSS U ALLOWAllCB OP $1,110 PBR llOl1'1'B FOR TBB TillB
'1'llB IJ!ASB BAS BBBll.IB BPFBCT, ARD DURillG TBB FOLLOWIBG 25 YBARS AT A PRICB OF
$764,000 LBS& All ALLOWAllCB OP $1,910 PBR MOl1TB POR TBB TillB 'ftlB LBASB HAS BBDT
IB U'PBCT PLUS '1'llB APPRAISBD PAIR MARl<BT VALUB OF TBB LNID AS IP URIMPROVBD ARD
UllLBASBD PROVIDBD THAT IP SUCH OPTIOB IS BXBRCISBD BBPORB '1'BB BRD OF TBB 8'1'H
YMll '1'llB LBASB BAS BBDI IR Bl'PBCT, THE CITY MUST PAY Ill ADDITIOll TO 'l'BB PURalASB
PRICS '1'llB DIWBmCB BBTWBBll RBBTALS PAID ARD $76,920 PBR YBAR, PLUS Ilft'BRBST AT
6" PD YDR Oii TBB DIPFBRDCB PROM TBB DATES SUCH DIFPBRDCB AROSB TO JAllUARY 1,
1968 OR tllB DATB OF '1'BB CLOSIBG OF TITLE, WBialBVBR SHALL BB BARLIBR, ARD TOGBTBBR
WITH CDTAIB O'ftlBR TBJUIS ARD OORDITIONS RBLATIBG TO DIDIOLITIOll, ALTBRATIOBS,
CDllSftUCTIOB, USB, PARXIllG LOT LBASB, OORDBMDTIOll, DBPAULT, RBSTRIC'l'IVB <X>VB-
llAll'fS, ARBITRATIOll, llOTICBS Al1I> OTHER MATTBJlS.
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L!nd1ord
Tep!pt
Minute• of September 14, 1964
WBBRBAS, the building now occupied aa a city hall for the City of Englewood
i• inadequate, and
WBBRBAS, a building located on certain property located at 3400 South Blati
Street, in the City of Englewood, contain• adequate apace and facilities for the
office apace requirement• of the City of Bnglewood, and
1111BRBAS, c. A. &orgren Co., the owner of aaid building, haa offered to l••••
auch building and property to the City of Bnglewood, and
WBBRBAS, the leaaing of aaid building and improvement• is neceaaary to enable
the officer• and employee• of the City of Bngl.wood to carry out their official
dutiea and will improve the general welfare ef the citizen• of the City of
Bnglewood.
llOW 'ftlBRBFORB, BB IT ORDkINBD BY THB PBOPLB OF 'ftlB CITY OF BNGLBWOOD,
COLORADO:
Section 1. Leaae. The execution of the following leaae by the City of
Bnglewood, aa tenant, i• hereby approved:
LB.!SB
C. A. NORGRBll CO.
Cift OF DGLBWOOD
TRIS LBASB, dated , 1964 between c. A. NORGRBN co., a Colorado
corporation, hereinafter called "Landlord," and the CITY OP DTGLBWOOD, a Colorado
municipal corporation, hereinafter called "Tenant,"
W .! T H B S S .! ,! B:
lr!lli••• Landlord hereby leaaea to Tenant and Tenant hereby rents from Landlord the
real property located in the City of Englewood, Arapahoe county, Colorado, which
ia deacribed in Exhibit A attached hereto, together with the building• thereon
and the peraonal property located thereon and uaed in connection therewith, all
of which property is hereinafter called "the premiaea,"
R!pt
TO RAVE ARD TO BOLD the premi••• for a term commencing at noon on January 1,
1965 and ending at noon on January 1, 1998, unless raiewed or terminated as he~ein
aet forth.
'lhi• leaae i• made upon the following terma, covenants and conditions and
Landlord and Tenant mutually covenant and agree to perform all their respective
obligations hereunder.
1. Tenant shall pay to Landlord at 5400 South Delaware, Littleton, Colorado,
or at auch other places aa Landlord may from time to time deaignate in writing,
rent at the rate• of: (a) $20,000 for the firat year: and (b) $25,000 for the
aecond leaae year: and (c) $30,000 for the third leaae year: and (d) $110,752 for
each of the fourth through the eighth Jeaae yeart: and (•) $76,920 for the ninth
and for every aubtequent lease year. $1,666.66 haa been paid upon the execution
hereof, being the rent for the first month of the term. Upon the fir•t day of the
aecond and each aucceeding month during the term, Tenant ahall pay one-twelfth
of the rent for the leaae year which ahall contain auch month. The term "Leaae
yeara• •hall mean aucceaaive twelve month perioda, the firat of which •hall com-
mence on the f irat day of the term, subaequent leaae year• commencing on each
aubtequent anniversary of said date. Rent shall be paid monthly in advance with-
out any aetoff or deduction.
Taxet, 2. (a) Tenant •hall pay all real eatate taxea, Moffat Tunnel, apecial improve-
Aa .. tt-.. nt and other •••••amenta (ordinary and extraordinary), water rent• and charge•,
mentt, etc. and all other taxea, duties, chargea, fees and payment• impoaed by any govern-
(•) Pay-.. ntal or public authority, which shall be impoaed, ••••••-' or levied upon, or
... t by ari•• in connection with the use, occupancy or po•••••ion of the premi••• or any
'l'enant part thereof during the term, all of which are herein called "Governmental
Impoaitiona." In each caae Tenant ahall deliver to Landlord within ten days after
the last day upon which the aame may be paid without penalty or intereat, a receipt
•bowing thtf>ayment thereof.
(b) Inttal-(b) Tenant'• obligation to pay aaseaamenta ahall apply only to aaaeaamenta
lllent pay-which •hall become payable during the term of thia leaae. Tenant may take the
aent of benefit of any atatute or ordinance permitting aaaeaamenta to be paid in inatal-
a11e11-laenta over a period of time, and in that event Tenant ahall be obligated to pay
IDeftta only auch installment• as •hall become payable during the term.
(c) Pirtt
and Latt
Year Of
Tera
(c) Governmental Impositions for the year 1964 payable in 1965 and for (t.he
tax year in which the term shall expire shall be apportioned according to the
nUllber of day• during which each party ahall be in poateaaion during auch tax
yeart, whether or not the aame may be lien• at the beginning or end of the term.
'l'hia proviaion ahall not limit Landlord'• right• to receive prorated amount• in
the event of earlier termination of this leaae by reaaon of Tenant'• default.
(d) COnteat
of Tax•• and
Aaaeaa-
-nta
Income
Taxea, eta.
Char9• of
Public
Utilitiea
Permit•
Inaurance
Minute• of September 14, 1964
(d) Tenant may contest the applicability or amount of any Governmental
Impoaition by appropriate proceedings conducted promptly at 'l'enant•a expenae,
in 'l'enant•a name, or (whenever neceaaary) in Landlord'• n.... Landlord agr•••
to cooperate reaaonably with Tenant and to execute any docu9eftt• or pleading•
reaaonably required for auch purpose, but Landlord ahall not be obligated to
incur any expenae or liability in connection therewith. Tenant may defer pay-
ment of the conteated Governmental Impoaition pending auch conteat, if auch de-
ferment ahall not aubject Landlord'• intereat in the premi••• to forfeiture.
All refund• of taxes and aaseaamenta shall be the property of Tenant to the
extent they may be baaed on payment• made by Tenant, any balance being Land-
lord' a property.
3. &othing herein shall require Tenant or any of its subtenant• to pay any
eatate, gift, personal property, inheritance, aucceaaion or tranafer tax aaaeaaed
againat Landlord or any income, exc••• profit• or revenue tax or any other tax,
••••••ment, charge or levy upon the rent payable by Tenant under thia leaae,
but if any of the foregoing ahall become a lien upon the leaaed premiaea, or any
part thereof, or if 'l'enant ahall be required by law to pay any auch tax, charge
or levy againat Landlord or intereat or penalty thereon, Tenant may pay th• aame,
and each amount ao paid by Tenant ahall be repaid by Landlord to th• 'l'enant upon
demand, and if not repaid may be deducted from renta.
4. (a) Tenant ahall promptly pay all charges for gaa, electricity, ateam,
water, telephone and other aervicea furnished to the premi••• or the occupant•
thereof, except thoae accruing before commencement of the term.
(b) Tenant •hall, at Tenant'• own coat and expense, procure every permit,
licenae, certificate or other authorization required in connection with the law-
ful and proper uae of the premises or required in connection with any building
or improvements now or hereafter erected on the premiaea.
s. During the term hereof Tenant ahall at ita own coat and expenae1
(a) (i) Keep the bui4ding and all improvenmnta now located on the premiaea,
together with all alteration•, replacement• (including required replacement•
purauant to aubaequent aectiona dealing with caaualty, d..olition and condemna-
tion) and repair• of auch preaently exiating building• and improvement•, inaured
againat loaa by fire and ao-called extended coverage peril• for at leaat eighty
per cent of their full inaurable value, excluaive of foundation•, but including
all machinery, fixture• and equipment aituated therein.
(ii) Provide and keep in force, for the protection of Landlord, general
public liability and property damage inaurance againat claima for bodily injury
or death or property damage occurring upon or under the pr .. i••• and th• elevator•
therein, and the aid8'f&lka or property adjacent thereto, in limit• of not l••• than
$300 ;000 in reapect of bodily injury or death to any one peraon and not leas than
$1,000,000 for bodily injury or death to any number of peraona ariaing out of one
accident or diaaater, and in limit• of not leaa than $25,000 for damage to property,
and if higher limit• ahall at any time be cuatomary to protect againat possible
tort liability, auch higher limit• ahall be carried1 and
(iii) Upon requeat by Landlord carry inaurance in auch amount• and kinda
•• may from time to time be cuatomarily carried by owner• of comparable propertiea
in the Denver Metropolitan area.
(b) All inaurance required to be carried by Tenant under thi• aection ahall
be carried in favor of Landlord and Tenant, aa their reapectiv• intereata may appear,
and ai.tl include the intereata of the holder• of any mortgage• or Tenant'• leaae-
hold intereat under thi• ground leaae. All policiea of inaurance againat damage
to th• premiaea required to be carried under thi• aection ahall provide that
lo•••• •hall be adjuated with and payable to Pirat Rational Bank of Englewood or
any corporation which may aucceed to the buain••• now conducted by it• Truat
Department, herein called the "Truatee." 'l'he Truat .. ahall hold and diapoae of
auch proceed• aa provided in thia Section 5. Tenant •hall before conanencement
of the term deliver auch polici•• to the Truatee with evidence of the payment
of pr .. iuma thereon. Renewal• of all policiea at any time in force, with auch
evidence of payment, •hall be delivered to aaid Truatee from time to time at
1-.•t thirty days before the expiration thereof. All such inaurance shall be
taken in auch reaponaible compani•• aa Landlord ahall reasonably approve, and
each policy •hall provide that no cancellation thereof may be made by the inaur-
ance carrier without having firat given ten day•' prior notice in writing thereof
to Landlord, Tenant and any leasehold mortgagee. Tenant shall not violate or
permit to be violated any of th• condition• or proviaiona of any of aaid policies,
and 'l'enant ahall perform and aatiafy the requirement• of the ccaapani•• writing
auch policiea ao that mompani•• of good atanding reaaonably acceptable to Landlord
•hall at all time• be willing to write and continue auch inaurance.
(c) Any diapute aa to any queation ariaing under Paragraph (a) or (b) above
ahall be ••ttled by agreement if poaaible, and otherwi•• be arbitration aa herein
provided.
(d) Landlord and Tenant ahall cooperate with each other and with the
Truat.. and all mortgage•• in the collection of inauranc• moneya that may become
due by reaaon of loss, or damage or deatruction to th• premi••• or any improve-
ment and ahall execute and deliver auch proof a of loaa and other inatrumenta aa
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Bxce•• of
Inaurance
Money
D1•olition,
I teration•,
Conatruc-
tion, etc.
I
M•nner of
Performing
Work
'I
September 14, 1964
may be required to recover inaurance proceed•. All inaurance proceeds attribut-
able to any one caaualty up to $10,000 •hall be ianediately paid over by the
Truatee to the Tenant upon Tenant'• written receipt for auch proceeds. The entire
balance of such money• •hall be held by the Tru•t••· Th• Truatee shall make the
balance of auch inaurance money available to Tenant during the course of repairing
and rebuilding in accordance with th• percentage of completion of such work aa
duly certified by a reaponaibl• architect having charge thereof. It is agreed
that the Truatee •hall not be obligated to examine into or inquire into the pro-
priety of the iaauance of any architect'• or contractor'• certificate on which it
may pay aa aforeaaid, provided only that the same shall comply to the beat of the
Tru•t••'• knowledge with the requirements aet forth in thi• leaae, nor •hall the
Truatee be in any way reaponaible for the proper application of any inaurance
money if the aame ha• been paid out purauant to th• proviaion• of thi• Paragraph
(d). The f••• and expen••• of aaid truat•• •hall be paid by Tenant.
(•) If there •hall at any time be any exc••• of inaurance money• remaining
after (i) th• rehabilitation work required by Section 10 •hall have been completed
and (ii) all lien• of contractor•, aubcontractora, mechanic•, laborers, material-
men or other lien• of like character •hall be either paid or diacharged, such ex-
c••• shall be paid to Tenant or (if required by th• term• of applicable leasehold
mortgages) to th• holder of any leasehold mortgage executed by Tenant. If Tenant
ahall fail to repair or rebuild the premi••• in accordance with the proviaiona of
Section 10 of thi• leaae, and becauae of auch failure Landlord ahall declare a
default hereunder and terminate this lea•• in accordance with the proviaiona here-
inafter aet forth, all inauranc• proceeds in the po•••••ion of th• Truatee ahall
be paid over by th• Tru•t•• to Landlord, or (if required by th• term• of applicable
leaaehold mortgage•) to th• holder of any leaaehold mortgage executed by Tenant
to the extent neceaaary to aatiafy the mortgage debt with any exc••• to be paid
to Landlord.
6. (a) Tenant accepts th• premiaea in their pr•••nt condition and shall not
call on Landlord for any repairs, improvement• or alteration• thereto.
(b) (i) If Tenant i• not in default in performing it• obligation•
under thi• leaae, Tenant •hall have the right at it• aol• coat and expenae to de-
moliah the improvement• now located upon the premi••• and any improvement• con-
atructed aa a replacement thereof, and to conatruct new improvement• in the place
of the improvement• mo demoliahed, but only if auch new improvement• shall be of
a value of not le•• than the then value of the improvement• ao demoliahed. Before
coaaencing such demolition the Tenant ahall aubmit to the Landlord plan• and
apecif icationa prepared for uae in the demolition and conatruction of new improve-
ment•, toqether with an architect'• or engineer'• eatimate of coata, which plan•,
apecification• and coat eatimat•• •hall be aubmitted to the Landlord for the aole
purpoae of evidencing the fact that the new improvement• will be equal to the
then value of the improvement• ao demoliahed. Bxcept for any challenge the Land-
lord may make as to value, the Landlord shall have no right to approve or diaap-
prove such plans as to the type or nature of the new improvements. The Landlord
ahall have thirty day• after receipt of auch plan• and apecif icationa to challenge
value• and if agreement cannot be reached the diapute •hall be determined by
arbitration aa hereinafter provided. Once commenced, such demolition and new con-
atruction •hall be completed with reaaonable diligence by Tenant.
(ii) Tenant shall have the right to demoliah any other improvements at
any time placed by Tenant or others upon the premiaea, without obligation to re-
place auch improvement•, except that during th• laat three years of the term,
Tenant •hall not have auch right without the conaent of the Landlord, which •hall
not be unreaaonably withheld.
(c) Before the commencement of such demolition and reconstruction Tenant
•hall depoait with Landlord a performance bond in atandard form approved by the
American Inatitute of Architect•, executed by th• contractor and by a surety company
licenaed to do buain••• in the State of COlorado, naming the Landlord and the
Tenant and any leaaehold mortgagee aa oblig••• in an amount not leas than the
total eatimated coat of such conatruction, providing for the completion of such
conatruction, by the contractor free and clear of all mechanics' and materialmen'•
liens.
(d) Tenant •hall from time to time have the right to add to or alter any
building now or at any other time on the premiaea, including the partitiona, doora,
ceiling•, window•, floor covering, decoration•, plumbing, electrical lighting,
heating, ventilating, air conditioning, telephone, elevator•, mechanical ayatema
and other portion• thereof.
(e) All work to be performed under the proviaiona of thi• Section 6 and/or
Section 10 below •hall be carried out in the following manners (i) Any work coat-
ing more than $10,000 ahall be performed according to plana and apecificationa pre-
pared by a licenaed architect. (ii) All permit• and approval• required by law
•hall be obtained by Tenant before commencement thereof. (iii) All auch work
ahall be carried out in accordance with applicable atatutea, ordinance• and the
valid requirement• of all buildin9 departments, zoning board• and other govern-
mental bodie• and officials. (iv) Before commencing any auch work, Tenant shall
cauae all applicable inaurance policies to be endoraed ao aa to apply during the
courae of auch work and •hall deliver auch endoraement• to th• Truatee.
Salvage
Altera-
tion• to
Porm Part of
Real Batate
conatruc-
tion Lien•
Repair a
Bnd of Term:
Surrender by
Tenant and
condition of
pr-iaea
Uae
Compliance
With Law,
Btc.
llo Illegal
Buaineaa
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(f) All salvage reaulting from any demolition or alteration hereunder
ahall belong solely to Tenant and may be deatroyed, abandoned, sold or otherwiae
diaposed of by Tenant without obligation to account to Landlord.
(g) All alterations, additions and improvement• to the building now on the
premiaea and any replacement thereof by Tenant or any aubtenant or other occupant
(including but not limited to doors, partitions, tile and wood flooringa, light-
ing fixtures and the like), aa well as any fixtures at any time attached to any
building included in the premises and uaed in connection with the operations and
maintenance thereof (excepting in each caae property removable by aubtenanta)
ahall upon installation become part of the building for the purpoaea of this
leaae.
(h) If, because of any act or omiaaion of Tenant after the execution of
thia leaae, any mechanic's or other lien or order for the payment of money ahall
be filed against the premises or any building or improvement thereon, or againat
Landlord (whether or not such lien or order ia valid or enforceable aa auch),
Tenant •hall, at Tenant's own coat and expenae, cauae the aame to be cancelled
and diacharged of record or bonded by a aurety company reasonably acceptable to
Landlord in the event Tenant elects to conteat the validity thereof and Tenant
ahall have the right at its own expenae to conteat all auch liens and orders.
Tenant ahall indemnify and aave harmleaa Landlord from and against any and all
coata, expenses, claims, losses or damages, including reaaonable counael feea,
reaulting therefrom.
7. Tenant, at it• own expense, shall keep the building now on the premises
and any replacement thereof (including without limitation, the roof, walls, founda-
tion• and appurtenancea, water, aewer and gaa connections, pipea and mains, the
elevator, heating, cooling, lighting and electrical diatribution ayatems and all
other fixtures, machinery and equipment forming part of the building) in conatant
qood order, condition and repair (both inside and outaide), whether the neceaaity
of auch repair• may ariae from wear, tear, obaoleacence, caaualty or any other
cauae, auffering no waste or injury. To that end Tenant •hall promptly make all
needed repairs, replacements . and renewals, ordinary and extraordinary, structural
or otherwise. Tenant ahall, at its own expenae, keep the aidewalka and curba
adjoining the premises clean, free of snow and ice, and in a good atate of repair.
8. On the last day of the term or on the earlier termination of this lease,
Tenant ahall peaceably and quietly leave, surrender and deliver to Landlord the
premiaea, broomclean, together with the building now on the premises or any replace-
ment thereof and all alteration•, changes, additions and improvement• which may
have been made upon such building (except for personal property removable by Tenant
and aubtenants) in the condition in which Tenant is required to maintain the aame
purauant to Section 7.
Tenant shall by said date remove from the premiaea all personal property and
trade fixtures belonging to Tenant and the subtenants, repairing all damage caused
in auch removal and restoring the premises to their condition prior to the instal-
lation of any such property. All Tenant's property not ao removed shall conclu-
sively be deemed to have been abandoned and may be appropriated, sold, stored,
destroyed or otherwise disposed of by Landlord without notice to Tenant or any
other person and without obligation to account therefor, but aubtenants, in the
event of the termination of this lease other than by expiration of it• term, may
for thirty days thereafter remove their property in accordance with the terms of
their aubleaaea.
Hotwithatanding the foregoing, Tenant shall not be required to repair damage
cauaed by any governmental action described in Section 11, of thia leaae ahall
terminate by reason of such occurrence.
9. (a) The premiaes may be used for any lawful purpoae.
(b) Tenant shall, at Tenant' a own coat and expenae, promptly comply with
all preaent and future laws, rules, requirement•, ordera, directions, ordinances
and regulations of the United States of America or of the state, county and city
governments, or of any other municipal, governmental or lawful authority whatever,
affecting the premises or appurtenance• or any pa~t thereof, and of all their
departments, bureaus, or officials (all of the foregoing being hereinafter called
"Requirement• of Law"), whether such requirement• may relate to: (i) structural
or other alterations, changes, additions, improvement•: or (ii) to repairs, inside
or outaide, extraordinary or ordinaryr or (iii) to the manner in which the premiaea
may be uaed or occup~94·7 -or (iv) to any other matter affecting the premiaea,
whether like or unlike the foregoing.
(c) Tenant •hall immediately upon the diacovery of any violation of a
Requirement of Law which might aubject Landlord to liability or forfeiture of any
intereat, take all neceaaary atepa, legal and equitable, to compel the diacon-
tinuance thereof and to ouat and remove any subtenant•, occupant• or other praons
guilty of auch violation. Tenant ahall indemnify and aave harml••• Landlord
from and against any and all liabilities and penalties incurred by reason of any
violation of this section. Tenant ahall pay all coat• and expenaea, including
reaaonable counsel' a feea, that may in any manner aria• out of the failure of
Tenant to comply with the proviaiona of thi• Section 9. A• uaed in this section,
the word "premises" ahall include any building thereon, the atreeta, sidewalks,
alleys and curbs adjacent thereto, and all vaults, paaaag.waya, rights of way and
appurtenances of the premiaea.
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De•truction
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(d) Tenant may conteat ia good faith by appropriate proceedings conducted
promptly at it• own expenae, in ita name, or (whenever neceaaary) in Landlord'•
name, th• validity or enforcement of any Requirement of Law and may defer compliance
i:herewith but only if (i) Tenant ahall diligently proaecute auch conteat to final
determination by the court, department or governmental authority or body having
final juriadiction, and (ii) of ao requeated Tenant ahall furniah to Landlord a
aurety bond iaaued by a bonding company approved by Landlord in an amount equal
to 150 per cent of the coat of auch compliance •• reaaonably ••timated by Landlord,
indemnifying Landlord against the coat thereof and all liability in connection
therewith. Landlord agrees to cooperate reaaonably with Tenant, and to execute
all document• and pleading• required for the purpoae of auch contest, but Tenant
ahall pay all expenae in connection therewith.
(e) If at\any time Tenant or any of Tenant'• aaaign••• or aubleaaeea
ahall consider it deaireable (i) to obtain the widening of West Hampden Avenue
and th• widening or vacation of Cherokee Circle or any other streets, roads or
alley• near the premises except Elati Street, or (ii) to obtain a variance from
th• applicable zoning ordinance, building code or other ordinance, or (i~) that
th• premi••• be rezoned to an induatrial or commercial type zoning classification
or (iv) that any other change be made in the Requirements of Law affecting the
pr .. iaea, permiaaible improvement• thereon, or permiaaible u••• thereof, Landlord
ahall cooperate fully in obtaining auch vacation, widening, variance, rezoning or
other chaNJ••, but Tenant shall pay all coat and expen•• in connection therewith.
Such cooperation ahall not deprive Landlord of it• right to juat compensation for
any taking of it• property.
10. (a) In case of damage to or destruction or th• premi•e• or any part
thereof, by any cauae whatever, Tenant ahall give Landlord prompt notice of auch
occurrence and •hall promptly proceed at it• own •xp•n•• to repair or rebuild the
building now on the premises or any replacement thereof ao aa to make auch build-
ing at leaat aa valuable as immediately before auch occurrence. All th• provia-
iona of Section 6 shall apply to auch work.
(b) If the work of repairing, replacing or rebuilding auch damaged or
deatroyed building shall not have been commenced within 120 day• from the date
of any auch loaa, damage or deatruction or if auch work •hall not commencement
be diligently carried out, Landlord ahall have th• right to terminate thia leaae
and th• term hereof by giving to Tenant not l••• than thirty daya' written notice
of such intention. If upon the expiration of th• date fixed in auch notice, such
1111Drk ahall not have been commenced and the other conditions hereof complied with,
or if after commencement auch work ahall not have been diligently prosecuted, thi•
lea•• and th• term hereby granted shall at the option of the Landlord wholly ceaae
and expire, and the inaurance proceeds received and receivable under all polici••
of inaurance ahall be paid over to and be retained by Landlord or any mortgagee
to whom the aame may be payable, aa their intereats may appear, without claim
thereon by Tenant, but Tenant ahall continue to be liable for any damage ariaing
from its failure, and ahall otherwiae continue to be liable aa herein.-ter provided.
(c) Bxcept as provided in Paragraph (b) of this Section 10, thi• lease
shall not terminate or be affected in any manner by reaaon of the deatruction
or damage in whole or in part of the premiaea or any building or improvement• now
or hereafter located thereon, or by reaaon of th• untenantability of the premises
or any auch ~uilding or improvements, and the rent r•••rved in this lease as well
aa all other charges payable hereunder shall be paid by Tenant in accordance with
th• terma, covenants and condition• of this leaae, without abatement, diminution
I or reduction.
. condemnation 11. (a) If any aubatan~ial portion of the principal building on the premises
•hall be taken for any public or quasi-public ·uae, under any atatute, by right of
.. inent domain, or by purchaae by public authority, in lieu thereof, or if part
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of the land is ao taken and l••• than two-third• of the ground area of the premises
shall remain, then in either of such event• thia leaae and th• term thereby granted
ahall, at the election of Tenant (unle•• Tenant i• the condemning authority),
c•••• and expire, and all renta, taxea, inaurance premium• and oth•r charges shall
be prorated and paid to the date of such termination. In determining whether two-
third• of the ground area remain• after such taking, the entire ground area within
the boundaries of the premises ahall be taken into account, both before and after
mch taking. Such election shall be exerciaed by written notice, which shall be
effective thirty days after the giving of auch notice. If not exercised within
a.ixty day• after title shall paaa and the condemning authority •hall actually
enter into possession, such right of termination ahall wholly lapse and expire.
(b) If this lease shall not be terminated, it ahall remain unaffected
except that promptly after such taking Tenant ahall restore that part of the build-
· ing now on the premiaea (and replacement• thereof) not ao taken to complete archi-
tectural unit of any kind selected by Tenant and th• rent ahall be equitably reduced.
All condemnation awards on account of th• inter••t of the Landlord ahall be paid
to the Landlord and all awards on account of Tenant'• leaaehold intereat and all
awarda for building other than the building now on the premi••• or replacement•
thereof ahall be paid to the Trustee to be applied by the Tru•t•• to the coat of
r••toring the improvement• to a complete architectural unit, aa aet forth, aa if
the damage• were cauaed by fire and auch award CDn•i•t• of insurance proceeds.
Any portion of the amount of the award paid to th• Tru•t•• which is not needed
for auch reconatruction shall be paid to the Tenant. The division of _ the award
498
Indemnity
Aaaicpaent
and Sub-
letting
Ri9ht of
Tenant to
Mortgage
Leaaehold
Intereat
Minute• of September 14, 1964
for partial taking between the Landlord and the Tenant provided to be made in thia
Paraqraph (b) of Section 11 and the reduction of rent •hall be made by agreement,
if poaaible, or if the parties cannot agree, then by arbitration between Landlord
and Tenant, taking into account (i) the value of Land'°rd's interest in the pro-
perty affected by auch taking and under thia lease, and (ii) the value of Tenant's
interest therein under the lease at the rent reserved and subject to all of the
terms and provisions of this lease. All the provisions of Section 6 shall apply
to the work of restoration.
(c) In caae of any auch taking which ahall result in any termination
of this lease, each party shall be free to prove by judicial proceedings,
obtain and retain any award payable for the taking of its interest, subject to
the rights of the mortgagees of either party'• intereat.
(d) If leas than a fee title to all or any portion of the premises
shall be ao taken for temporary use or occupancy, the foregoing provisions of
this section shall be inapplicable to such taking. 'ftli• lease shall continue in
full force and effect without reduction or abat ... nt of rent and Tenant shall be
entitled to make claim for, recover and retain 80 long as it shall not be in
default hereunder any awards in the form of rent recoverable in respect to such
taking, except that if such taking shall be for a period extm•ing beyond the ex-
piration of the term of thi• leaae Landlord shall be entitled to receive such
portion of the award aa ahall be attributable to th• portion of such period
occurring after such expiration.
12. Tenant ahall indemnify, defend and aave harmless Landlord from any and
all liabilitiea, damages, penaltiea, coats, expenses, claims, suit• or actions
due to or ariaing out of (a) any breach, violation or nonperformance of any obli-
gation of Tenant hereunder: (b) any contest by Tenant authorized by Section 3
hereof: and (c) any damage to property or any injury to persona (including death
resulting at any time therefrom) in, on, under or about th• premises or adjacent
atreeta, sidewalks and other adjoining or adjacent areas.
13. (a) Tenant may assign this lease only upon compliance with the follow-
ing requirements: (i) Tenant shall secure Landlord'• prior written approval of
the proposed assignee, which required approval shall be limited to the financial
ability of th• proposed assignee to perform and carry out the obligations of
Tenant hereunder and shall not be withheld unreasonably: (ii) th• asaiqnee or
transfer•• shall in writing expressly assume all th• obligation• of tenant here-
under: (iii) Tenant •hall have delivered to Landlord a duplicate executed origi-
nal of the instrument(•) whereby such assignment is made and in which auch personal
assumption is contained, which instrument(•) shall be in th• form required for
reia>rdation under the lava of the State of COlorado. Upon th• making by Tenant of
any aaaiqnment of this lease which complies with the requirements of (i), (ii)
and (iii) of this section, Tenant shall be released from any and all liability
arising or accruing under this lease after the date of such aasiqnment, and such
aaaiqnee ahall then become the "tenant" hereunder.
(b) Tenant may sublet any part of the leased premises on such terms
and conditions •• Tenant may consider appropriate, subject only to the terms, pro-
vision• and conditions of this lease. In the event that Tenant desires to sublet
all or substantially all of the demiaed premises to a single subtenant, Landlord
will on request execute an agreement to recognize th• interest of such subtenant,
in caae this lease shall be terminated, in the same manner as if such sublease
were a direct leaae from Landlord to such subtenant, if: (i) the rent payable
under such sublease ia at least equal to the rent payable hereunder, (ii) the
aubtenant is obligated to perform other obligations equivalent to those required
by Tenant hereunder and (iii) the term of such sublease is not longer than the
remaining term of this leaae.
14. (a) Tenant or any subaequent legal holder of the leasehold estate
created hereby (which said Tenant or said subsequent legal holder ia hereinafter
referred to in this Section 14 aa the"legal holder:), so long as it is not in de-
fault in its performance of its obligations hereunder, may at any time and from
time to time encumber its interest in the leasehold estate created hereby and the
improvements locatad on the demised premises by mortqage or deed of trust (both
of which are herein called "Mortgages"). The mortgagee or trustee in any such
mortgage or deed of trust and the owners of the indebtedness secured by said
mort9age or deed of trust (all of which are herein .called"Mortgagees") shall
not become liable under this lease unless and until they shall become the owners
to the legal title to the leasehold estate and said improv .. enta.
(b) (i) So long as the leasehold eatate ia aubject to the lien of any
mortgage(if Landlord shall be notified in writing of th• existence of the said
mort9age) then until satisfaction or release of such mortgage, written notice of
default in performance of Tenant'• obligation• hereunder shall be given to the
mortgagee at the same time as such notices are given to Tenant hereunder. (ii)
Such mortgagee shall have the right for a period of ninety days after such notice
of default has been given to make such payments or take such other action as may
be necessary to cure any such default, and such mortgagee or beneficiary shall
have a right to entry to the premises for that purpose. Such right of entry is
granted directly by Landlord, is not derived through Tenant, and is superior
and senior to Tenant'• interest herein. Therefore a leasehold mortgagee need
not coamence proceedings against the mortgagor, or have a receiver appointed, in
order to exercise such right. (iii) All payments made and other acts performed
by the mortgagee shall have the same effect hereunder aa if performed by Tenant.
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Quiet
Enjoyment
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Minute• of September 14, 1964
Landlord may not exercise any right of termination or other right arising from.a
default of Tenant during the period in which a leaaehold mortgagee may cure such
default• by Tenant. If any default of Tenant may not reasonably be cured within
the ninety day period herein provided, auch ri9ht• may not be exercised if a
leaaehold mortgagee •hall conwnence the work curing auch default• within such
period and complete auch work diligently and without unnec••••ry delay• there-
after. (iv) Any leaaehold mortgagee so curing Tenant'• default• ahall be entitled
to recover from Tenant the entire direct and indirect coat of doing so.
(c) Landlord ahall at any time and from time to time when requested by
Tenant, or any leaaehold mortgagee, execute, acknowledge and deliver to Tenant
or the holder of auch inatrument, a atatement in writing certifying that this
lea•• i• unmodified and full force and effect, if auch i• th• fact, and otherwise
apecifying auch default• and modification• in detail, and the dates to which the
fixed rent and other charge• have been paid. Any atatement delivered purauant
to thi• aection may be relied upon by any leaaehold mortgagee or prospective pur-
chaaer of Tenant'• leasehold eatate.
(d) If there ahall be a mortgage on Tenant'• leaaehold intereat and if
Landlord ahall have been given notice of auch mortgage, Landlord and Tenant shall
not without the conaent of the mortgagM have power to amend this lease in any
way which shall increaae the rent payable hereunder or which in any other manner
impair• the interest of auch mortgagee or to terminate thi• lea••, and Landlord
may not accept any aurrender of the term hereincreated. Any attempt on the part
of Landlord and Tenant so to terminate this lea•• ahall be totally ineffectual.
15. (a) Tenant •hall permit Landlord or Landlord'• agent• to enter th•
premi••• at all reasonable hours for the purpo•••1 (i) of inapect:ilnlJ: the same:
(ii) of performing obli9ation• of Tenant hereunder which Tenant may neglect or
refu .. to perform: (iii) for the purpo•• of •bowing the premiaea to persona wiah-
ing to purchase Landlord'• intereat therein. If, at reasonable houra, admiaaion
to the premise• for auch purpo••• cannot be ob~ined, or if at any time an entry
•hall be deemed neceaaary for the protection of th• property, Landlord, or
Landlord'• agent or representatives, may enter th• premi••• by force or otherwise,
without rendering Landlord, or Landlord'• agent• or representatives, liable to
any claim or cause of action for damages by reason thereof, and accomplish •uch
purpose. The provision• contained in this section shall not increase Landlord's
obligations under thi• lease, and the right and authority hereby reserved does
not impo•• upon Landlord any reaponaibility for th• repair, care or supervision
of th• premi•••, or any building, equipment or appurtenance.
16. Except as otherwise specifically provided he••in, there shall be no
abatement or reduction of any rent payable to Tenant for any reaaon, including,
but without limiting the generality of the foregoing: (a) by reason of any
damage or destruction of the premises whether cauaed by fire, condemnation or
··.other matters like or unlike the foregoing, or during any period of restoration,
or (b) by reaaon of diminution of the amount of uaable apace caused by legally
required changes in the construction, equipment, operation or use of the premises.
17. (a) Landlord covenant• that if and so long aa Tenant pays the rent and
other charges reaerved by this leaae and perform• all the obligations of Tenant
hereunder, Tenant shall quietly enjoy the premiaea, aubject, however, to the terms
of thi• leaae.
(b) Landlord covenants and warrant• (i) with reapect to Tract I that it
ha• good and marketable title to the premises in fee aimple, subject only to thoae
matter• aet forth in Bxhibit A: (ii) that Tenant holda·:·good and marketable title
to the leaaehold eatate in Tract II which was created by the lease dated October 23,
1951 from Tenant (aa leaaor) to Landlord herein (th•"Parking Lot Leaae"): (iii) that
Landlord has full power and lawful authority to enter into this lease: (iv) that
no other person has any right of poaaeaaion or any other right• adverae to -hoae
of Tenant hereunder: and (v) that Landlord will no requeat deliver such instrue·-
menta of further aasurance •• may be necessary to confirm Tenant's rights and
leasehold intereat hereunder.
18. The parties hereby submit all controveraiea, claim• and matters of
difference arising under this leaae to arbitration in Denver, Colorado, according
to the rules and practices of the American Arbitration Aaaocation from time to
time in force, except that if auch rules and practices shall conflict with the
COlorado Rule• of Civil Procedure or any other proviaion of Colorado law then in
force, such Colorado rules and provision• shall govern. Thia •ubmiaaion and agree-
ment to arbitrate shall be specifically enforceable. Without limiting the general-
ity of the foregoing, the following shall be conaidered controveraie• for thi•
purpoae: (a) all queations relating to the breach of any obligation, w~rran~ or
condition hereunder: (b) all queationa relating to repreaentationa, negotiation•
and other proceedings leading to the execution hereof: (c) failure of either party
to deny or reject a claim or demand of the other party, and (d) all queationa as
to whether the right to arbitrate any queation exi•t•. Arbitration may proceed
in the abaence of either party if notice of the proceeding• baa been given to auch
party. The parties agree to abide by all award• rendered in i:he proceeding•. Such
award• shall be final and binding on all partie• to the extent and in the manner
provided by the Colorado Rule• of Civil Procedure. All award• may be filed ·with
the Clerk of the District Court in Arapahoe County, COlorado, as a basis of declara-
tory or other judgement and of th~aauance of execution and, at th• election of the
party againat whom auch an award i• rendered or it• property. lfo party shall be
conaidered in default hereunder during th• pendency of arbitration proceedings
relating to such default.
Default•
Waiver a
Act• of God,
Btc.
Minute• of September 14, 1964
19. (a) The following shall constitute default• of Tenant hereunder: (i)
failure to pay installment of rent for a period of twenty daya after notice or
(ii) failure to make any other payment required hereunder, whether payable to
Landlord or any other person, for a period of 120 daya after written demand from
Landlord: and (iii) failure to perform any other obligation of Tenant hereunder
for a period of 120 days after written demand from Landlord, except that if such
other obligation cannot reaaonably be performed within auch period Tenant shall
not be in default if it ahall commence the work of curing auch default within
auch period and continue such work diligently and without unnecessary delays
thereafter.
(b) During the continuance of auch a default Landlord shall have the
following right• in addition to all other• exiating at law or in equity: (i)
the right to terminate thi• lease by written notice wh~ch ahall become effective
ten daya after it ia given unless Tenant'• defaults shall be cured during such
ten-day period. On auch date the term of this lease and all the right, title and
intereat of Tenant in the premiaea shall wholly cease and expire in the aame
manner, except a• to Tenant'• liability, aa if such date were herein fixed as the
expiration of the term. In caae of any such termination Tenant ahall continue
liable for payment of rent and performance of all other obligations hereunder
during the entire balance of the term. Landlord ahall uat it• beat effort• to
relet the premiaea. Prom the rent• obtained it •hall, firat, repay to itaelf
all coat• and expenaes of reletting and aecond, apply the balance toward per-
formance of Tenant'• obligations hereunder, other than payment of rent, and
third, apply any balance toward payment of rent. On each rental payment date
Tenant •hall pay to Landlord any deficiency then exiatingr (ii) th• right without
reauming poaaeaaion of the demiaed premi••• or terminating thi• leaae, to sue for
and recover all rents and other auma, including d ... 9ea, at any time and from
time to time accruing hereunder: (iii) the right to perform any one or more of
Tenant'• obligation• hereunder and to recover the coat and expen•• of doing so,
aa addition rent: and (iv) the right to enter the premi••• in order to exercise
any auch right•. Landlord ahall promptly redeliver poaaeaaion to Tenant upon
Ile curing of all Tenant'• default• unle•• thi• leaae ahall have been ao
terminated.
(c) Tenant expressly waives all demand• and noticea, whether prescribed
by law or otherwise, excepting thoae provided for herein.
(d) Notwithstanding any other portion of thi• lease, if Tenant shall
in good faith dispute the existence of any default (other than default in the
payment of rent, taxea, and insurance premium•) and ahall promptly inatitute
appropriate arbitration proceedings for that purpoae, Tenant ahall not be con-
aidered in default until rendition of a deciaion in auch proceeding• and Tenant's
time to cure auch defaults shall then commence to run.
(e) If Landlord •hall default in making any payment or performing any
obligation to any governmental body, mortgagee of Landlord'• interest, or other
person, which default might in any way cause termination or impairment of the
leaaehold estate of Tenant hereunder, Tenant may make auch payment or perform
auch obligation and deduct the cost of doinq ao from rents thereafter accruing,
or recover the same from Landlord in any other way permitted by law.
20. (a) Ho receipt of moneys by Landlord from Tenant after the termination
or cancellation hereof in any lawful manner ahall reinstate this lease, operate
aa a waiver of any of Landlord's rights, affect any notice theretofore given to
Tenant, or any pending action or proceeding of any kind. Landlord may demand,
receive and collect any moneys then due, or thereafter becoming due, or exercise
any other right to remedy without in any manner affecting any notice, proceeding,
auit, action, order, warrant or judgment. All money• ao collected shall be con-
•idered payments on account for the use and occupation of the premiaes after
termination or, at the election of Landlord, on account of Tenant'• liability
hereunder. No acceptance of the keys to the premiaea, or any aimilar act, by
Landlord, or any agent or employee, during the term hereof, shall be considered
an acceptance of surrender of the premises or of Tenant'• leaaehold interest
and obligations unless Landlord shall consent thereto in writing.
(b) The receipt of rent by Landlord, with knowledge of any default,
ahall not conatitute a waiver of any proviaion of this leaae.
(c) No failure of Landlord to enforce the provision• of this lease
upon any default by Tenant shall be conatrued aa creating a cuatom of deferring
payment or aa modifying in any way the terms of thi• leaae or aa a waiver of
Landlord'• right to terminate thia leaae aa herein provided, or otherwise to en-
force the provisions hereof for any subsequent default.
(d) Tenant hereby waives all right• to redeem the premises or to re-
gain poasesaion thereof or to reinstate tbia lease in the event that Landlord
ahall recover posseaaion of the premi••• in any lawful manner.
21. In any case where either party i• required to perform any work here-
under, delays cauaed by war, riot, labor difficultiea, act• of God, shortages
of material or labor, rationing or other governmental regulation, or other cause
beyond auch party's reasonable control shall not be counted ·in determining the
time during auch work ahall be completed. In any case where work shall be paid
for out of inaurance proceeds or condemnation awards, due allowance shall be made,
both to the party required to perform such work and to the party required to make
such payment, for delay• in the collection of auch proceed• and awards.
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Parking Lot Le•••
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R••trictive
Covenant•
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Option
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Minute• of September 14, 1964
22. (a) A• to Tract II on Exhibit A thi• inatrument •hall be considered
a aubleaae, aubject to all the provision• of the Parking Lot Lease.
(b) Although Tenant i• now both owner in fee and sublessee of Tract
II, there •hall be no merger of auch eatatea, and th• Parking Lot Lease shall
remain in full force and effect.
(c) In addition to all Tenant'• other obligation• hereunder, Tenant
aaaume• and agrees to perform all the obligation• of th• leaaee under the Parking
Lot Le•••·
(d) At auch time aa free public parking apace• (aubstantially comparable
to tho•• available under the Parking Lot Lea••) tor at l•a•t 500 automobiles have
been provided within a radiu• of 1500 feet from Tr act II and conunitteed to such
parking for a period at leaat equal to the remainder of the term, including re-
newal•, of the Parking Lot Leaae, Tenant may execute an inatrument of whatever
kind it may conaider appropriate, terminating th• Parking Lot Lease, after which
Tract II •hall no longer be aubject to thi• inatrument or auch lease. Such ter-
mination •hall not cau•e any reduction of the rent payable hereunder.
23. (a) Landlord covenants with Tenant that with r••pect to the property
deacribed on Exhibit B attached hereto, referred to in this section as the
•burdened land":
(i) Landlord shall not use or permit the u•• of the burdened land for
any purpoae other than that of off ice purpo••• auch aa off ice• for professional
peraona, financial institutions, administration and th• like.
(ii) Landlord •hall maintain on the burdened land at all times at least
one automobile space for each .JOO aquare feet of floor apace in building• erected
on the burdened land: and
(iii) Landlord •hall not erect or permit the erection of any building
or other atructure on the burdened land (other than parking structures less than
one foot highl closer than forty feet to th• exiating eaat boundary line of
Blati Street.
(b) The restrictive covenant• contained herein ahall continue for a
period of fifty year• from the date of commenc .. ent of th• term of this lease:
•~11 conatitute covenant• running with the land: •hall bind and inure to the
benefit of the parties, their •uccea•or• and •••ign•: and •hall benefit the pro-
perty de•cribed on Exhibit A and all other land pre•ently owned by the Tenant in
the ~ of Section 34, Township 4 South, Range 68 We•t of the 6th P.M.
24. (a) Tenant ahall have the right to purcha•e the premises including
all improvements thereon from Landlord at any time during the first thirty years
of the term of thi• leaae by delivering to Landlord written notice of its election
to exerci•e such option.
(b) If Tenant•s option is exerci•ed during the first five years of the
term of this lease, the purchase price shall be $900,000, diminished by $1,910
for each full month elapsing during the term of thi• lease before completion of
such purchase.
(c) If Tenant's option is exerciaed after the first five years of the
term of this leaae, the purchase price shall be the appraised fair market value
of the land considered as if unimproved and unleaaed plu• $764,000 for the build-
ing, reduced by $1,910 for each full month elapaing during the term of this lease
until completion of auch purchase.
(d) In the event that Landlord and Tenant cannot agree on a fair market
value, the appraised fair market value of the land •hall be determined by arbi-
tration, as herein provided. Tenant may at any time after the fifth year of the
term demand that the price be so fixed and it may at any time within ninety day•
after the deciaion is rendered elect to purchaae at th• price so determined. If
it •hall purchase, the cost of arbitration •hall be divided equally. If Tenant
•hall not elect to purchase, the entire coat of arbitration shall be borne by
Tenant.
(e) In the event Tenant •hall exerci•• it• option to purchaae before
the end of the eighth leaae year, Tenant •hall pay in addition to the purchaae
price at the clo•ing of title an amount equal to the difference between the rent
received under this lease and the rent that would have been received had
$76,920 in annual rent been paid in regular monthly in•tallmenta, plua inter .. t
at aix per cent per year on the difference from the date• auch difference aroae
to January 1, 1968 or the date of the cloain9 of title, whichever •hall firat
occur.
(f) In caae Tenant •hall exerci•• it• option to purcha•e, the clo•ing
of title •hall be held at auch place in BncJl.wood, COlorado, and on auch date as
may be atated by Tenant in it• notice of election to purchaae, which ahall be
mt more than aixty nor le•• than thirty day• thereafter. At the cloaing the
following shall occur:
Botic••
Entire
Agrement
Marginal
Rotes
Binding
Bf fect
Minutes of September 14, 1964
(iJ Tenant shall pay the purchase price by check certified by, or a
cashier'• check of, an Englewood bank.
(ii) Landlord shall convey the premi••• to Tenant, free and clear of
all liens, encumbrances, defects in and objection to title (all of which are
herein called •defect• of title") except: (A) th• lien of taxes for the year
in which the closing ahall take place, payable in the following year: (BJ
easement• and right• of way for public utiliti••1 (C) deficienciea of area
caused by taking of land in condemnation or purchase in lieu thereof (but
accretions of land occurring through vacation of streets shall be conveyed):
(D) defect• of title created by Tenant or conaented to by Tenant in writing:
and (B) this lease.
(g) If the premises shall at the cloaing be aubject to a lien or
encumbrance securing a definitely ascertainable amount Tenant may, in lieu of
requiring Landlord to discharge the same, elect to accept title subject thereto,
and deduct the amount secured from the purcha•• price.
(h) If on the closing date the pr911li••• ahall be subject to any defect
of title other than those described in section 24 (f) (ii), which renders title
unmarketable and which Tenant does not waive, then th• closing ahall be adjourned
for a period of thirty days (or such longer period as may be agreed upon).
During such adjournment Landlord shall use it• beat effort• to remove such defect
of title. If it shall succeed in doing ao the closing shall be held at the end
of such period. If not, Tenant shall have th• right to elect (i) to waive such
defect and accept title, (ii) to require specific performance of Landlord's ob-
ligation to convey free of such defect and exerci•• all other legal rights ariaing
from Landlord's default, (iii) to withdraw it• notice of election to purchase,
or (iv) to terminate this lease on twelve month• prior written notice. Election
to proceed under (i) shall preclude exercise of such other elections, but none of
the other• shall be mutually exclusive.
26. All notices, demands and communication• hereunder shall be lirved or
given by registered mail, and if intended for Landlord ahall be addresaed to
Landlord at 5400 south Delaware, Littleton, COlorado, or auch other addreas aa
may be requested by Landlord in writing, and if intended for Tenant •hall be
addressed to Tenant at the premiaea with copies to Tenant'• main executive
officea, if not located in the premises. Any notice given hereunder by mail
•hall be deemed delivered when deposited in a United Stat•• general or branch
post office, registered and enclosed in a prepaid wrapper, addressed as above.
27. Thia lease, together with the exhibit• and rider• attached hereto, con-
tain• the entire agreement between the parti•• and ahall not be modified in any
manner except by an instrument in writing executed by the parties or their res-
pective successors in interest.
28. The marginal notes are inserted only aa a matter of convenience and
they shall in no way define, limit or describe the scope or intent of this
lease or in any way affect the interpretation hereof.
29. Except aa otherwise provided herein, the terms, covenants and condition•
contained in this lease and in any schedule• and rider• hereto annexed shall bind
and inure to the benefit of Landlord and Tenant and their respective successors
and assigns, including successor governmental bodies, authorities or entities.
IH WITHBSS WHEREOF, Landlord and Tenant have duly executed this lease the
day and year first above written.
C. A. RORGRD CO.
A'l'TBST:
BY, ___ ----------President
Secretary
CI'l'r OP BllGLBWOOD
ATTBST: BY, ___________ __
SBTB OP COLORADO )
) ...
CCXJll'l'Y OP ARAPAHOE )
The foregoing instrument was acknowled9ed before me thia day of
~~-' 1964, by , as President and
as_._ Secretary of c. A. HORGRBN co., A COlorado
corporation.
Witness my hand and official aeal.
My commission expires:
Rotary Public
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Minute• of September 14, 1964
ftA'l'B OP COLORADO )
) ...
comm OP ARAPAHOE )
'l'h• foregoing instrument was acknowledged before me this day of
, 1964, by and of the
CI'l'r OP BllGLBWOOD, a Colorado municipal corporation.
Witneas my hand and official seal.
My commiasion expires:
'1'RAC'l' I :
Rotary Public
EXHIBIT A
Annexed to and forming a part of a l•••• between c. A.
HORGREN co., as Landlord, and CI'l'r or BllGLBWOOD, as Tenant.
North 450 feet of the East 1/2 of the s ... swi.sw~, Section 34
Township 4 South, Range 68 Weat, BXCBP'l' th• Weat 17 ft. thereof
as described in Book 632 at Page 256, county of Arapahoe, State
of Colorado.
SUIJICT TO:
'1'RACl' II:
1. Building and zoning ordinances.
2. General real property taxes for 1964 payable in 1965.
3. Special improv91nent district aaaeaamenta certified to the
office of the Arapahoe County Treaaurer prior to commencement
of the term of this lease.
4. Right of way to construct, operate and maintain Telephone and
Telegraph lines over and aero•• tract of land in the BlsSE~SW~SW~
of Section 34, Township 4 South, Rang• 68 Weat, aaid underground
conduit to be located adjacent to and parallel to Bast line
thereof, aa granted in instrument from c. A. Rorgren Co., to
The Mountain States Telephone and Telegraph Company recorded
March 30, 1953 in book 797 at Page 471.
Commencing at the Southeast corner of th• Southwest one-quarter
of the Southweat one-quarter of Section 34, Townahip 4 South,
Range 68 Weat, of the 6th P.M., County of Arapahoe, State of
Colorado: thence Northerly along the Baat line of aaid Southwest
one-quarter of the Southwest one-quarter a diatance of 68.00 feet
to a point on the Horth line of Weat Hampden Avenue: thence on an
angle to the left of 89° 49' 03" and along aaid Horth line a
diatance of 375.33 feet to the Weat line of South Blati Street1
Thence continuing along the aforeaaid cour•• a diatance of 75.00
feet: thence on an angle to the right of eg• so• 10" and parallel
with aaid Weat line a diatance of 400.00 feet: thence on an angle
to the right of 90° 09' 50" and parallel with aaid Horth line a
distance of 75.00 feet: thence on an angle to the right of 90° 09'
50" and along aaid Weat line a diatanc• of 400 feet to the point
of beginning, cont•ining 0.689 acr••·
SUIJBCT 'l'O:
1. The term• and condition• of that certain lea•• dated
October 23, 1951 between City of Bn9l.wood, •• Landlord,
and c. A. Horgren., as Tenant.
2.
3.
4.
Building and zoning ordinance•.
General real property taxes for 1964 payable in 1965.
Special improvement district •••••amenta certified to the office
of the Arapahoe County Treaaurer prior to coaaenc91nent of the
term of this lease.
BXBIBIT B
Annexed to and forming a part of a lea•• between c. A.
HORGRBH CO., AS Landlord, and CI'l'r OP BllGLBWOOD, as Tenant.
504
Minutes of September 14, 1964
Commencing at the SE corner of the SBllsw• of Section 34, Township 4
South, Range 68 West of the 6th P.M., County of Arapahoe, State of Colorado:
thence Hortherly along the East line of aaid sw•sw• a diatance of 68.00 feet to
a point on the Horth line of West Hampden Avenue and the point of beginning: thence
on an angle to the left of 89 • 49' 03" and along aaid Borth line a distance of
313.33 feet to the Bast line of South Elati Street1 thence on an angle to the
right of 89° 50' 10" and along said Eaat line of South Blati Street a distance
of 144.14 feet: thence on an angle to the right of 90° 01' 43" a distance of
313.29 feet to a point on the East line of aaid sw•&Wlil: thence on an angle to
the right of 89° 57' 10" and along said Eaat line a diatance of 144.88 feet to
the point of beginning, containing 1.039 acrea.
ALSO:
Conmencing at the SE corner of the ....... of Section 34, Township 4
South, Range 68 Weat of the 6th P.M., County of Arapahoe, State of Colorado:
thence Northerly along the Eaat line of aaid &Wlil&Wlil a diatance of 68.00 feet to
a point on the North line of Weat Hampden Avenue and point of beginning: thence
continuing along the aforeaaid course a diatance of 157.00 feet to a point on
the South line of Block 1, McKinley's Subdiviaion, 2nd. Filing: thence on an
angle to the right of 90° 10' 57" and along aaid South line a distance of 75.00
feet: thence on an angle to the right of 89° 49' 03" and parallel with said Baat
line of the sw•sw• a diatance of 157.00 feet to a point on the North line of Weat
Hampden Avenue: thence on an angle to the right of 90° 10' 57" and along aaid
Borth line a distance of 75.00 feet to the point of beginning, containing 0.270
acre•.
ALSO
Commencing at the SE corner of the SW\swi. of Section 34, Townahip 4
South, Range 68 West of the 6th P.M., County of Arapahoe, State of Colorado: thence
r·artherly along the Bast line of said ~-· a diatance of 68.00 feet to a point
on the Horth line of Weat Hampden Avenue: thence on an angle to the right of
90° 10' 57" and along said North line a diatance of 111;00 feet to the point of
beginning: thence on an angle to the left of 90° 10' 57• a distance of 157.00
feet to a point on the South line of Block 1, McKinley'• Subdivision, 2nd Filing:
thence on an angle to the right of 90° 10' 57• and along said South line a di•-
tance of 147.00 feet to a point on the West line of South Cherokee Street: thence
on an angle to the right otf 89° 49' 03" and alon9 aaid West line a distance of
162.10 feet to a point on the North line of West B•epden Avenue1 thence on an
angle to the right of 100° 35' 09" and along aaid Borth line and along a curve
to the left having a radiu• of 310.21 feet and a central angle of 10° 24' 12•
an arc diatance of 56.33 feet to the point of tan9ent1 thence along said Borth
line and along said tangent a distance of 90.00 feet to the point of beginning,
containing 0.528 acres.
ALSO
All of Lota 9, 10, 11, 12 and 13 of Block l of McKinley'• Subdiviaion,
2nd Filing, City of Englewood, County of Arapahoe, State of Colorado, containing
0.854 acres.
Section 2. Authority to execute and y;;jorm•
of the City of Englewood are hereby author~ and
City of Englewood to execute and deliver the leaae
this ordinance.
'!he Mayor and the City Clerk
directed on behalf of th•
••t out above in Section l of
CX>UBCILMAN HANSON TBBN MOVED THAT SAID BILL POR AR ORDIRAllCE BE SUlllI'l"l'BD
TO A VO'l'B OF 'l'HB QUALIFIED ELECTORS OF TBB CITY OP aGLBMOOD AT THAT SPECIAL
MUllICIPAL ELECTION TO BE HBLD ON NOVEMBER 3, 1964. CX>UllCIUIAN KREILING SBCOBDED
SAID MOTION ARD upon the call of the roll upon aaid motion the vote resulted ••
follows:
Ayes: Councilmen Braun, Fullerton, Hanaon, Kreiling, Rice, Love.
Raya: Rone.
Absent: Councilman Allen.
'!he Mayor declared the motion carried.
ADJOURN
COUNCILMAN BRAUN MOVED, COUNCILMAN RICB SBCOllDSD, 'ftlA'l' 'l'BE MEETING BE ADJOUIU1ED.
Upon the call of the roll, the vote resulted •• followas
Ayes: Councilmen Braun, Fullerton, Ban.on, JCreiling, Rice, Love.
Raya: None.
Abaent: Councilman Allen.
lfhe Mayor declared the meeting adjourned at 8112 P.M.
I•/ Ray Chaae, City Clerk
Clerk of the Council
The minute• of the meeting of the City council of the City of Englewood,
Colorado, held on the 14th day of September, 1964 A.D., atand approved as cor-
rected thi~ 5th day of October, 1964 A.D.
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