HomeMy WebLinkAbout1971 Resolution No. 003I
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tu:;:j ULU'I' 1 UN NU. J, tit:H l l!:ti 01'' J lJ 7 J
l(r;JVLUTIUN J\U'l'llUl<J L.INl1 1\NU Ull<t:;C'l'!NG ·i·u~ MAY(Jf( AND cr·ry CL~RK
·ro t;XECU'rE, ON Ot;llALl-' 01.-' ·1·11~ CITY OF ENGLEWOOD, AN AMENDMENT
TO A LEASE WITH SHOPPING CENTERS COMPANY, WHICH AMENDMENT
PROVIDE~ 1-'0H ·nu:: t:;LJMlNA'l'l UN 01" ·rut: ·r1M~ LIMITS IMPOSED BY
THE CITY ON THE PARKING LOT COVERED BY SAID LEASE.
WHEREAS, the City of Englewood. djd, on the 26th day of November. 1950,
enter into a Lease w ith Shopp J n s Cent e rs. Inc. (the predecessor of Shopping Centers
Company. a co-par t nership), and has subsequently amended the same on three
o ccas ions. and
WHEREAS, the City Councjl has heretofore de t ermined that it is in the
beat interest of the City to cause a further amendment to be made in t he same,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLE-
WOOD, COLORADO, t hat the Mayor and City Clerk are hereby authorjzed and direc t ed
to execute. on behalf of t he City, that certajn Amendment to Lease between the
City and Shopping Cen ters Company, a co-partnership. a copy of which is attached
hereto.
1,,L~7-k~
7 MAYOR 5
ATTEST:
I, Stephen A. Lyon, City Clerk of the City of Englewood, do hereby
certify that the above and foregoing is a true, accurate and complete copy of a
resolution adopted by the City Council of the City of Englewood at its regular
meeting on January 18, 1971.
..,,.-. ~ CITY CLERK ~ ~
AMENDMENT TO LEASE
This Agreement, made and executed this day of --~~~~~~--
1971, by and between the City of Englewood, a Colorado municipality organized
pursuant to the prov i sions of Article XX of the Constitution of the State of
Colorado (here i nafter called "City") and Shopping Centers Company, a co-partnership
(hereinafter called "Company").
WITNESSETH:
WHEREAS, the parties hereto, or their predecessors, h~ve heretofore
xe c-utc•d ·• Lo.111 ... d .. tl od Nuvo mb<'.'r 26 , l•>r;O, dB amend~d by jnstrumenls dated
January 30, 1 9 53, November €, 1961, and May , 1967, by virtue of which the City
l e aaed to the Company's pr e decessor ce rtain real t y therein descrjbed for a period
t erminating at twelve o'clock noon on the first day of December, 1975, and
WHEREAS, it is the mutual desire of the parties hereto to further amend
said Lease;
NOW, THEREFORE, it is mutually covenanted and agreed as follows:
1. Paragraph 5 of said Lease agreement is hereby amended and modified
·so as to provide that there shall be no city imposed parking time limit in any
portion of the parking lot and to delete the following phrases:
" ••• and the Lessor, THE CITY OF ENGLEWOOD, agrees to police said public
parking lot and to issue traffic summonses for violation of the parking
lot limitations whenever requested to do so by the said Lessee, •••
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2. The following paragraphs are hereby added to said Lease by
amendment:
"Le•80r reaervea fee title to the mineral eatate underlying the
d .. iaed prem i ••• and to the air apace overlying the demised premises and
ahall be en tit led to acceas to said mineral estate and air space for ·
the purpoae of developing the same, so long as such access and develop-
ment doe• not unreasonably interfere with the use of the demised premises
by Leaaee aa a parking lot in the manner contemplated by this Lease.
•The obligatjons assumed by the parties to this Lease and all
Amendments thereto are completely severable and separate and that,
ahould any aingle provision, obligation or item of consideration be declared
by a court of competent jurisdiction to be void, illegal or otherwise
i neffect i ve or unenforceable, said declaration shall not terminate said
agreements, nor shall the same have any effect upon the other provisions
thereof.
•said Leaae and all Amendments thereto shall be binding upon and
i nure to the benefit of the successors and assigns of the parties thereto.'!
3. Except as expressly modified herein, all of the other terms and
cond i tions of aaid Paragraph 5 and all of the other terms and conditions of said
Leaae and all the Amendments thereto shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals the day and year first above written.
THE CITY OF ENGLEWOOD, COLORADO
ATTEST:
SHOPPING CENTERS COMPANY,
a co-partnersh-i
A GENERAL PARTNER
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