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HomeMy WebLinkAbout1993 Resolution No. 106RESOLUTION NO. if2!e SERIES OF 19113 A RESOLUTION APPROVlNG THE RENEWAL LEASE AGREEMENT BETWEEN THE ENGLEWOOD LION'S GLUB SWJMMING POOL, INC . AND THE CITY OF ENGLEWOOD, COLORADO FOR THE OPERATION OF A MINIATURE RAILROAD TRAIN IN BELLEVlEW PARK. WHEREAS , the Englewood Lions Chili Swimming Pool, In c. has , with the approval and pennissioo of the City of Eng1ewoo~. erected and constructed a miniature railroad train on the property h ereby demised to be operated and maintain ed by the Englewood Lions Chili Swimming Pool, Inc . for the amusement, benefit, recrealion and welfare of citizens of the City of Englewood ; and WHEREAS , the Englewood Lions Club has agreed to operat,, and maintain said miniature railroad at its sole expense, without cost, expense, iiability or damage to the City of Englewood ; and WHEREAS, with the passage of Ordinance No. 60, Series of 1991, the City approved a Lt ase Agreement between the Englewood Lions Club Swimming Pool, Inc. and the City for t1 1e operation of the TTain and this is a renewal of said Lease Agreement : NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : ~-The Englewood City Council hereby approves Lease Agreement with the Englewood Lion's Club Swimming Pool, Inc. for the operation of a miniature railroad train in Belleview Park. The Lease Agreement is attached as "Exhibit A." ~ The Mayor and City Clerk are at.thorized to sign and attest the Lease Agreem ent on behalf of the City Council anJ the City of Englewood. ADOPTED AND APPROVED this 15th day of November ATTEST : ~~-)/✓(V Patrici a H . Crow, City C\ork I, Patricia H. Crow, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No.~ Series of 1993 . QtitC-l~vi/. ~ Patricia H. Crow COUNCIL COMMUNICATION Date November 15, 1993 INlllA TED BY STAFF SOURCE Agenda Item 20 h City Attorney Rick DeWitt, City Attorney ISSUF/ ACTION PROPOSED Subject Lions Club Train Recommendation to adopt the resolution approving the renewal of the Lease Agreement between the City of Englewood and the Englewood Lions Club Swimming Pool, Inc . for the A operation of a miniature railroad train in Belleview Park. W PREVIOUS COUNCIL ACTION The la st Lease Agreement between the C:ty of Englewood and the Englewood Lions Club for the miniature train was approved on C,tober 21, 1991. BACKGROUND The Englewood Lions Club Swimming Pool, Inc . will operate a miniature train in Belleview Park. The train will operate at the sole expense of the Lions Club without cost, expense, liability, or damage to the City of Englewood . STAFF ANALYSIS The Englewood Lions Club Swimming Pool, Inc. will operate a miniature train in Bell e view PdTk. Th~ train will operate at the sole expense of the Lions Club without cost, expense, liability or d:.mage to the City of Englewood . FINANCIAL IMPACT The Englewood Lions Club will make a payment of $10.00 for the lease of the property. Upon termination of the lease, the City shall have the option to purchase the rails, railroad A ties, and railroad bedding for fifty percent (50 %) of its fair market value . W LEARE AGREF'MENT THIS IN DENT URE, made in the City of Englewood, Colorado, on the~ day of Q<.,..4<.i-, 1993, by and between the CITY OF ENGLEWOOD, a municipal corporation in the State of Colorado, hereinafter called the Lasaor, and ENGLEWOOD LIO N"S CLUB SWIMMING POOL, INC ., its successors and assiirn ■, a corporo ti on not for profit of Englewood, Colorado , h ereinafter called the Lessee. WHEREAS, the Lessee hos , with the approval and permission of the Les1or, ere cted and constructed a miniatur e railroad t rain on the property hereby demised to be operated and main U1 ined by said Lessee for t.he amusement, benefit, recre ation and welfare of citizens of the City of Englewood ; and \VHE RE . .\S, sn.id Lessee has expended substantial sums in th e construction and erection of sa id railroad and the purch ase of equipment for the operation of said facil ities; and \VHEREAS, said Lessee has agreed to operate and maintain said miniature railroad at its sole expense, without cost, expense, liability or damage to the City of Englewood : NOW, THEREFORE , the said Lessor, in consideration of the payment of the sum of Ten Doll ars (S10.00), and in the further consideration of the performance of the covenants a.n d agreem ents herein contained, to be kept and performed by the Lessee, does hereby demise and le ase an interest in and to a twenty (20 ) foot strip, the center line of wh ich follows a point com mencing at the Southwest comer of the Southeast quarter of Sec. 9, Twnshp 5 South , Range 68 West of the 6th Pri ncipal Meridian ; thence No rth 82 degrees 14 minutes 17 seconds East 1,689.91 feet to the true point of beginning; thence South 89 degrees 43 minutes 30 seco nds West 106 .96 feet; thence 54 .04 feet al ong the arc af a curve to the right having a radius of 50 feet and along chord which bears North 59 degrees 18 minute ■ 52 seconds West 51.44 fee t; L'ience North 28 degrees 21 minutes 14 seconds West 50.28 feet; thence 43.54 feet along the arc of a curve to the left, having a ·~dius of 100 feet a.nd a long chord which bears North 40 degrees 49 minutes 35 seconds West 43.19 feet; thence North 53 degrees 17 minutes 56 seconds West 647 .0 1 feet; thence 87 .60 feet along the arc of a curve to the right, having a radius of 54 .3 feet and a long chord which bears North 7 degrees 04 minutes 36 seconds West 78.43 feet; thence North 39 degrees 08 minute,« seco nds East 124.24 feet; thence 94 .66 feet al ong the a rc of a curve to the right, hevi -.g a radius of 50 feet and a long chord which bears South 86 degrees 37 minutes 06 seconds East 81.14 feet ; thence South 32 degrees 22 minutes 57 seco nd s East 91.98 feet : thence 48.14 feet along the arc of a cur,,·, to the left, havi ng a radius of95 feet ,.nd a long cho rd which bea,s South 46 degrees 53 :ninutes 54 seco nds East 47 .62 feet; thenc e South 61 degrees 24 minutes 50 seconds East 146.53 ieet; thence South 62 degrees 13 1"1inutes 58 seconds East 345.19 feet ; thence 44. 71 feet along the arc of a curve to th e right, having a radius of 95 feet and a long chord which bears South 48 degrees 44 minutes and 58 seconds East 44 .30 feet ; thence South 35 degrees 15 minutes 58 seconds East 169.67 feet; thence 207.>:4 itet along the arc of a curve to the right to the true point of begin ning, said curve having a radius of 95 feet and a long chord which bears So uth 27 degrees 13 minutes 46 seconds West 166.54 feet, the same lying and being in the City of Englewood, County of Arapahoe, State of Colorado. In nddition to the foreg oi ng , the Les sor ewees to demise and lease such additional area, adjac e nt thereto, as shall be nec e ssary to erect the appropriate buildings which are neces sary for the maintenan ce and operati on of said miniature railronrl, subject to and cond itio ned upon the approval and a gree ment of the City of Englewood of the City of Englew oo d. I : I I ~ ,. The Lessor hereby specifically reserves unto itself the rights of egress, ingres ■ and transverse whenever and to whatever extent the Lessor deem, necessary, to all of the remainder and balance of its lands and properties. This lea.ae is subject to all uistinr easements , ri1ht of ways , g,'ants, and demises applicable to the above described property. In the event any of the improvem,nta erected by the Lessee are removed, damaged, or destroyed oy the direct and deliberate actions of the Lessor, then, and only then, the Lessor Bg,'ees to 1 ,ay for the repair or Ute rebuilding of said improvements . TO HAVE AND TO HOLD said described premises and im~rovements thereon, situate unto the Lessee from the first (1st) day of November 1, 1993, w1til termination as provided fo r under Parag,'aph No . 9. 1. And the Lessee, in co nsi deration of the leasing of said premises, does hereby covenant and agree with the Lessor to operate and maintain said facility at t.be sole expense of said Le ssee b. a safe and effic ient manner to the end that the amuse me nt, be nefit , recreation, .-.·~?far e and safety of the citizens of the City of Englewood will be enh a nced . 2 . Lessor shall be re sponsibl e for cutting grass of said premises . 3. The use of the demised premises is expressly and specifically limited to the operation of a miniature railroad and facilities reasonably appurtenant thereto. No other structure or business shall be placed or operated on the demised premises without th !!! r ::.p-:ess \\Ti tten authority of th e Lessor, except as hereinafter express]y provided . 4. Said Lessee promises and agrees to protect, indemnify and save the Lessor harmless against and from any and all actions or causes of action, claims, demands, liability, loss, damage or expense of any type whatsoever, ari&in&' out of the operation and maintenance of said miniature railroad. Said Lessee further agrees at all times to carry public liability insurance for bodily injury in the sum ofSl00,000.00 per person and $300,000.00 per accident, and to deposit a copy of said insurance policy with the Lessor. Said Lessee shall also keep its employees in the opero.tion and maintenance of said miniature raih o:id insured under the Workmen 's Compensation Insurance Laws of the State of Colorado. 5 . Les see shall no t assign this Lease , or any interest therein, and shall not sublet the said premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the agents, servants and patrons of lessee excepted) to occupy or use the said premises, or any portion thereof, without the written consent of Lessor first had and obtained1 and a consent to one assignment, subletting, occupation or use by any other person shall not be dee med to be a consent to any subsequent assignment, subletting, occupation or use by another person. Any such assignment or subletting without such consent shall be void, and sh all, at the option of Lessor, terminate this lease. This lease shall not, nor sh a ll any interest therein, be assign able, as to the interest of Lesse e, by opera tio n of law, without the writ te n consent of Less or. -2- 6 . It is mutually agreed that Lessee shall at all times use the premisu in accordance with the laws of the United States and the State ofColorsdo, u well as the Ordinances of the City of '•~nelewood. Further, the Lessee shall at not time permit nor suffer any diso: derly conduct, unreasonable noise or nuisance whatsoever about the premises hii.ving a tendency to annoy or disturb any persons occupying adjacent premises. From tim e to time the City may establish rules and regu lations for park use. Lessee shall com ply with a ll rules applicable to City parks. 7. It is n, ·tuall y agreed th at if the Lessee shall default in th e performance of any of the cov enants and agreem ents herein contained to be kept and performed by said Lessee, and should said defa ult continue for a period of thirty (30) days afl.e r wri tten notic e thereof ho s been gi ve n by the Lessor to corr ect and cure the same, th en said Le ssor sh all have the right to terminate this Lease and possess ion of said prem ises shall be forth with returned to the said Lessor. 8 . It is mutually agreed that all of the improvements placed on t he demised pr emises shall at all tim es remain the personal property of the Lessee wh ich shall have th e right to rem ov e the same at the termination of th is Lease, provided th at th e terms, conditions an d covenants herein shall have been fully complied with by the Less ee , an d all sum s owing the Lessor shall have been paid in full . 9 . This l~ase may, at any time , be terminated/by either party upon thirty (30) days' written notice to the other. In the event of termination by the Lessor, the i.essee may , at its op tion, either remove its improvements, placing the demised premises in thei r origin al condition , or may be paid by the Lessor the rea so nable value of such impro ve ments . In the event of termination by the Lessee, Lessee shall be given a reasonable time to remove it.I improvements, and to pl ac e the demised premise s in its original condition. In any event the City shall have the option to purchase the rails, railroad ties and railroad bedding for filcy percent (50%) of its fair market value due to the City's previous contributions to maintenance of those items. In the event of cancellation by the Lessor , and the election by th e Le ssee to be paid for the improvements, and the parties should be unable to agree on a fair va lue thereof, such value shall be dete rmined by arbitration as follows: each party shall, within ten (10) days ap point an arbitrator, who shall within five (5) day s thereafter jointly choose a third arbitrator. Said arbitrators shall , within fifteen (15) day, thereafter, assess the fair evaluatio n of the improvements to be paid to the Lessee by the Lessor, wh ic h shall be bind ing upon the parties. In the event that the arbitrators are unable to agree, a decis io n of a majority thereof shall be binding. If either of th e parties app oint an arbitrator within the time speci fied, or if the arbitrators sh all be unable to agree upon a third arbitrator, either party may apply to the District Court of Arapahoe Co unty, Colorado for the appointment by the District Co urt of Ara pahoe County, Colo rado fo r the appointment of s uch arbitrator. Such appointment by the fistrict Court shall be binding upon both parties. 10. The Le ssee shall, at the end of the term, delive r th e premises to the Lessor in as goo d state and conditio n as the same are at the commencement of th e term of th is Lease, ord inary wea r and tear eA ce pted . Th e City shall have the option to purchase th e ra ils, r ai lroad ties and ra:lroad bedding for fifty percent (50%) of its fai r mark e t value due to the Ci ty's previous co ntributio ns to maintenance of tho se it.em s. -3- IN WITNESS WHEREOF, the said parties have the day and year f!nt above writtan aet their hands and aeals. ATTEST : CITY OF ENGLEWOOD ENGLEWOOD LION'S CLUB SWIMMING POOL, INC.