HomeMy WebLinkAbout1989 Resolution No. 041Amended by Resolution No . 52, 1989
RESOLUTION NO. ii.
SERIES OF 1989
A RESOLUTION APPROVING LEASE OF CITY GREENHOUSE PROPERTY TO
DESIGN FLORAL SCHOOL, INC. FOR SCHOOL TRAINING PURPOSES FOR A
PERIOD OF ONE YEAR.
WHEREAS, the City was contacted by a representative of
De sign Fl--al School, Inc., trade name for Equestrian Services ,
I nc., a c~_o rado co rporation, about leasing the City greenhouse
facility to co nduct school training; and
WHEREAS, the School, as part of the lease, will supply the
ho rticulture needs o f the City during the term of the lease; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF E~GL EWOOD, COLORADO, THAT:
Se c tion 1. The Lease between the City of Eng lewood and
Desi g n Floral School, Inc ., trade name of Eqnestrian Services,
Inc., a Col o rado cor~oration, for a period of one year is hereby
appr c ved. A copy of said ·1.,ease is attached hereto and
i nc or?or3ted herein by ref,!re nce .
Secti o n 2. The Mayor and City Clerk are hereby authorized
t o sign and attes t said Lease for and on be half of the City of
En g l ewood.
AD OPT ED AND APPROV ED t he 17th d a y of July, 1989 .
-~ l(l l i/ (:f M ,tl
Patricia H. Crow, City Clerk
~~-m Susan Van Dyke, M or
I
I, Patricia H. Crow, City Clerk for the Ci t y of Englewood,
Co l o;J~c , here~y c ertify t he above i s a true c o py o f Res o lution
!l o . "'.t;L • Se r ie s o f 1 98 9 . /:J . _ //a ~it« o1 . vV ,#~f
Patricia H. Cr ov
COMMERCIAL LEASE
PART I -GENERAL PROVISIONS
1. Part ies. The parties to this lease are the CITY OF
ENGLEWO OD, a Colorado municipal corporation, 3400 South
Elati St r e e t, Englewood, Colorado 80110, t he Landlord (or
Le c,~or), and DES 1GN FLOkAL SCHOOL, INC., Trade Name of
EQU ESTRIAN SERVICES, INC., a Colorado corporation, 3001 S.
Federal Blvd., Denver, Colorado 80236, the 'l'enant (or
Lessee).
2. S~.-~e Leased. This lease covers approximately 1 1/2 acres
l oc ,,ted on Union between Santa Fe and Federal Blvd. and
includes two buildings presently known as the City of
Englewood Greenhouse and Nursery Facility.
3. Term of Lease. Thi s lease runs for a term of twelve months
starting on September 1, 1989.
4. Signs. The display of signs visible outside the Tenant's
space is governed =y the following rules:
Current signs will be replaced at Tenant cost
to a simi lar style as presently exists.
P.!\RT II -RENT TERMS
1. Amount of Rent. This is a new lease. Tenant will pay no
base rent. Tenant will be responsible for taxes, the cost
o f maintenance, utilities and all other operating expenses
of the Tenant's space. In addition, the Tenant shall
provide the following products and services:
a . Tenant sr.all provide up to 30,000 bedding plants
t o be a\'ailable on ab out April 15, 1990. La nd lord
shall select the type and color of the plants.
Plants wi ll be of the Zinnia, Petunia or Marigold
o r similar v ariety .
b. Tenant shall provide plant car e, as necessar y, for
the apprcximately 300 interi or plants ow Pd by the
Landlord at its three major of fice locatio , and
at the leased space. Purchase o f new plants and
replacements will be at the expense of the
Landlord. Plants will be inventoried at the
beginning and end of the lease t erm.
e c . Tenant shall allow Landlord to keep up to 300
trees and shrubs in a holding area in the rear of
the property. Such area cannot exceed 1/2 of the
leased property without prior consent of the
Tenant. Tenant shall provide water to such trees
and shrubs but will in no way be liable for loss
or damage unless through negligence of Tenant.
Insurance for the trees and shrubs, along with any
Landlord personnel required to be on the premises,
is the responsibility of the Landlord.
2 . Use. The Tenant will use the space for vocational training
of horticultural students as outlined in its curriculum as
approved by th e Colorado State Board for Community Colleges
and Occupationa l Education. The Tenant agrees to get
advance w~itten permission from the Landlord for any changes
in the use to which the space is put. There shall be no
retail s~les from this space.
PART III -REPAIRS AND ALTERATIONS
J . Condition at Start of Term. The premises are ready for
occupation except that Landlord will provide general cleanup
and grading of the premises prior to occupancy.
2. Fi x l ures . All trade fixtures, signs, equipment, shelving,
ap pliances, etc., installed by the Tenant remain property of
the Tenant, no matter how they are attached. However, the
Tenant agrees to re pair any damage caused by installation or
removal of fixtures.
3. Alterations. The Tenant has the right to make workmanlike
alterations to the premises, at its own expense subject to
approva l, in writing, by the Landlord.
4. Repairs. The Landl ord is responsible for repairs to the
utility lines up to the inte rior meter. Tenant is
responsible for structural and nonstructural repairs,
repairs to heating, ventilation and air conditioning
systems, plumbing sys tem once bey ond the interior meter and
replacement of gla s s or other greenhouse exterior.
PART IV -MISCELLANEOU -S PROVISIONS
1 . Insurance. Ten ant will maintain a minimum property damag e
($1,000 deducti b le ) liability and casualty insurance policy
o f $1,000,000.
2. Indemnification. Tenant shall indemnify and hold harm less
the City of Englewood, its officers, employees , insurers,
and self-insurance peal, from and against all li ab ility,
claims, and dem ands , on account of injury, loss, or damage,
of any kind wha tso~ve r, which may arise out of or are in any
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Date
manner connected with this Lease. If such injury, loss, or
damage is or is claimed to be caused ir ~hole or in part by
the act, omission, or other fault cf t anant, or any partner,
officer or employee of Tenant, Tendnt agrees to investigate,
handle, respond to, and to provide defense for any such
liability, claims or demands at the sole expense of Tenant
and agrees to bear all other co sts a ;.c\ e xpenses rele.ted
thereto, including court costs ,• ~d r ea s c,nal:>le attorney fees.
Tenant shall provide the City , i th a r erformance bond by an
authorized b,nding company p ,f ti La ~t t o the att ached
performance bon d l;e fore e r, ,'r i 1•~ "a se proper ty.
If Tenant defaults, Landl ord c u" l·.,?e~ the utility deposit,
if required, and any crops in process '.n the greenhouse.
Tenant will be liable for return :\ng th-, premises to their
origina l condition .
Tenant is qualified to do business in the State of Colorado .
This lease will be governed b:, the laws of the State of
Colorado.
If Landlord and Tenant become adver aries in any proc eeding
involving this lease or the Premises , the losing party
agrees to reimburse the winner for attorney's fees.
Any and all amendments and modifications must be written and
signed by both parties.
Date
CI TY OF ENGLEWOOD, COLORADO
a ~unicipal corporation,
Laadlord
DESIGN FLORAL SCHOOL, INC.
Trade Name of EQUESTRIAN
SERVICES, INC., a Colorado
corporation, Tenant
By By
Susan Van Dyke, Mayor
Attest: Title __________ _
Patricia H. Crow, City Clerk
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS that DESIGII FLORAL SCHOOL,
INC., trade name of EQUESTRIAN SERVICES, INC., a company
organized under the laws of the State of Colorado , hereinafter
c alled the Principal, and
Surety, are jointly held and firmly bound unto t r.~ City of
Englewood, County of Arapahoe, State of Colorad J, nereinafter
called t he City, in the sum of Ten Th o usand Doll ars ($10,000),
lawful money o f the United States of America, as surety, for the
perfo rmance of its lease, whereo f the Principa)., its heirs,
executors, administrators, successors, and assigns , jointly and
severally, are firmly bound by these presents.
WHERBAS , the Principal has proposed to enter into a lease
wit h t he City for a greenhouse.
NOW, THEREFORE, the c o nditions of this obligation are as
follows :
The Principal shall fa i thfully perform said lease and
satisfy all terms and demands incurred for the same. Should
Principal faithfully perform the terms of the lease, said bond
shall be returned to the Principal without interest .
Shou ld Principal fail to fulfill the terms hereof, then t he
City shall execute against said bond to complete performance o f
the lease. An y retai nage in excess shal l be returned to Surety.
Any amount not covered by the bond shall entit le the City to
collect said amo unt in any ma nne r pe rmi tted by law.
SI GNE D AND SE !\LED this
IN THE PRESENCE OF:
CITY OF ENGLEWOOD, COLORADO
By _____________ _
day o f ------· 1989 .
Principal