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HomeMy WebLinkAbout1999-062-05/18/1999-AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT FOR 1745 HOFFMAN MILL ROAD ON THE NIX NATU RESOLUTION 99-62 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANGER TO EXECUTE A LEASE AGREEMENT FOR 1745 HOFFMAN MILL ROAD ON THE NIX NATURAL AREA WHEREAS, the City of Fort Collins is the owner of the property known as the Nix Natural Area, City of Fort Collins, Larimer County, Colorado: and WHEREAS, 1745 Hoffman Mill Road is shown as Residence "A" on the plat of the Nix Natural Area as Exhibit "A" on file in the office of the City Clerk; and WHEREAS, at the current time plans for use of Residence "A" and other structures on the property are in process, and continued rental of Residence "A" will generate income to the Natural Areas Fund pending completion of related plans; and WHEREAS, City staff has negotiated a new lease of Residence "A" with the current tenant, Steven Francis,for a period of up to two years at a monthly lease rate of$800,which lease provides for termination by the City at any time with notice to the tenant, along with additional terms and conditions set forth in the Lease Agreement attached hereto as Exhibit "B" on file in the office of the City Clerk; and WHEREAS, under Section 23-114 of the Code of the City of Fort Collins, the Council is authorized to lease any and all interests in real property owned in the name of the City,provided that Council first finds that the lease is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that the lease of Residence "A" under the terms of the Lease Agreement,on file in the office of the City Clerk, as Exhibit "B" and incorporated herein by this reference, is in the best interests of the City of Fort Collins. Section 2. That the City Manager is hereby authorized to execute the Lease Agreement. 1999. Passed and adopted at a regular meeting of the City Council held this l 8th day of May,A.D. Mayor ATTEST: City Clerk (�lqlel-' �� - ---- ------------- -- PAR CEL TNO �11.A. .......... EXHIBIT "B" [FRANCISLEASE.WPD Rev. 5/18/99] LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this_day of , 1999, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the ("City"), and STEVEN FRANCIS, hereinafter referred to as ("Tenant"). WITNESSETH: WHEREAS, the City is the owner of certain Premises in the City of Fort Collins located at 1745 Hoffman Mill Road, identified as Residence "A", on attached Exhibit "A"("Premises"),which may, from time to time, be managed for the City by a Manager; and WHEREAS, the Tenant desires to lease said Premises for the purpose of his residence. NOW THEREFORE, for and in consideration of the mutual covenants and obligations herein expressed, the monetary payment hereinbelow recited, the receipt and adequacy of which is hereby acknowledged, it is hereby mutually covenanted and agreed by and between the parties as follows: 1. Premises. The City hereby leases to the Tenant and the Tenant hereby leases from the City,the Premises managed by the Manager, located at 1745 Hoffman Mill Road, known as the large house, in the City of Fort Collins, Colorado, shown on the sketch on Exhibit "A", attached hereto and incorporated herein by this reference. 2. Term. The term of this Lease shall be for a period of up to two (2) years commencing on June 1, 1999 and terminating without further action by either party at midnight on May 31, 2001. Both parties acknowledge that the City may cancel this lease at will upon seventy-five (75) days advanced written notice. In such event, Tenant shall remove all personal property or improvements not owned by City within said sixty day period. If Tenant fails to remove said personal property within the above time limit, the Tenant hereby grants the City the absolute right to keep, convey, destroy, or otherwise dispose of them in any manner city chooses, and in addition, Tenant agrees to pay any net costs incurred by City in doing so, within ten (10) days of receipt of City's statement of costs therefor. 3. Rent. The Tenant shall pay to the Manager, or at such other place as the City may from time to time designate. in advance, the sum of Eight Hundred Dollars ($800.00) per month for rent for the above described Premises. Late charges will be assessed on amounts due after the fifth day of each month and consist of $10 per day 1 each day thereafter until paid in full. 4. Security Deposit. Tenant has paid $500.00 to be held as deposit. An additional $300 security deposit is required upon the execution of this Lease on which the City is not required to pay interest to the Tenant on the total $800.00 deposit. Said deposit shall be held as a guarantee that the Tenant will perform all covenants of this Lease Agreement, including prompt payment of rental and utility charges when due. The City or Manager shall have the right to apply all or part of said deposit to any delinquent rent or utility charges to the Premises. Said deposit or balance thereof, after deduction for damages or past rent or utility changes shall be refunded only on termination of this Lease Agreement after inspection by the Manager and after all personal property of Tenant has been removed. If Tenant shall not be found to be in default of the performance of the covenants or conditions herein at the sole discretion of the Manager, the deposit will be returned within 30 days of vacancy. This deposit shall not be applied to the last month's rent. 5. Permissible Uses of Premises. Tenant agrees to use and occupy the Premises only for the purpose of, residential housing and for no other purpose whatsoever without the prior written consent of the City. 6. Condition of Premises Maintenance and Damage. Tenant stipulates thatthe Premises have been examined, including the grounds, buildings and all improvements,and that they are, at the time of this lease, in good order and repair, safe, clean and in tenantable conditions. Tenant acknowledges and agrees to take possession of the Premises "as-is" and in it's actual condition at the commencement of this Lease, and waives any claims related to said condition. Tenant shall be responsible for all repairs and maintenance associated with the use of the Premises. 7. Alterations and Improvements. Tenant shall make no alterations or improvements to the building, improvements, or grounds of the Premises without prior written consent of the City. All alterations, changes and improvements built, constructed, or placed on the Premises by Tenant, with the exception of the fixtures removable without damage to the Premises and movable personal property shall, unless otherwise provided by written agreement between the parties hereto, be the property of the City upon construction and remain on the Premises at the termination of this Lease. 8. Assignment and Improvements The Tenant shall not assign, sublet or grant any concession or license for use of the Premises or any part thereof without the prior written consent of the City. The City's consent to any given assignment, subletting, concession or license shall not be deemed to be a license. An assignment, subletting, concession or license obtained without the prior written consent of the City, or an assignment or subletting by operation of law, shall be void and shall, at the City's option, terminate this Lease. 2 9. Dangerous Materials Tenant shall not keep or have on the Premises any article, item or thing of a dangerous, inflammable or explosive character that might unreasonably increase the danger of fire to the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company, or that may be subject to special handling or management requirements of federal, state or local laws. 10. Utilities. Tenant shall be responsible for arranging for and paying all utility services required on the Premises. Tenant agrees to pay 67% of each monthly ELCO water bill. 11. Maintenance and Repair Tenant shall keep and maintain the Premises, grounds, appurtenances, improvements and fixtures in a safe and sanitary condition and in good repair during the term of this Lease at the sole expense of the Tenant. Such maintenance shall include, but not be limited to, all required repairs to the plumbing, range, heating apparatus, electric and gas fixtures, snow removal and grounds maintenance. In addition, any and all major maintenance and repair of the Premises, whether or not due to the Tenant's misuse, waste or neglect or that of its employees, agents, or visitors, shall be the sole responsibility of the Tenant at Tenant's expense. 12. Right of Inspection. The City and or Manager shall have the right at all reasonable times, during the term of this Lease, to enter the Premises for the purpose of inspecting the Premises and all buildings, grounds and improvements thereof, provided the City shall notify the Tenant orally or in writing in any reasonable manner at least twenty-four (24) hours prior to such visit. This notice requirement shall into apply in the event of an emergency reasonably requiring City access to the Premises. 13. Surrender of Premises At the expiration of this Lease term or after termination notification from the City, the Tenant agrees to quit and surrender the Premises in as good a state and condition as they were at the time of commencement of this Lease, reasonable wear and tear and damages by the elements exceptioned. The Tenant agrees to be responsible and to reimburse the City for any repairs to the Premises required due to the Tenant's occupancy of the Premises. 14. Default. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance of or compliance with any term, provision or condition hereof, this Lease, at the option of the City, shall be terminated and forfeited, and the City may reenter the Premises and remove all persons therefrom. The Tenant shall be given written notice of any default or breach of the provisions of this Agreement and termination or forfeiture of the Lease shall not result if, within twenty (20) days after receipt of such notice, the Tenant has corrected the default or breach or has taken action reasonably likely to affect such correction within a reasonable time. 3 15. Insurance. The Tenant, at his sole cost and expense, shall, during the term of this Lease, procure, pay for and keep in full force and effect a policy of renter's property insurance covering all of the Tenant's equipment, appliances, furniture, furnishings and personal property from time to time in, on or upon the Premises. 16. Indemnification. Tenant agrees to indemnify and hold harmless the City against all damages,claims, liabilities for injury or damage to person, property orwhenever and by whomever brought and causes of action arising from or in anyway relating to the Tenant's possession or use of the Premises. 17. Notices. Any notice by either party to the other shall be in writing and shall be deemed to be duly given only if delivered personally, mor mailed by registered mail in a postage prepaid envelope addressed to the parties as follows: Tenant: Steven Francis 1745 Hoffman Mill Road P.O. Box 289 Fort Collins, CO 80522 City: City of Fort Collins Attention: Land Office P.O. Box 580 Fort Collins, CO 80522 18. Conditions of the Agreement. It is further agreed by and between the City and Tenant as follows: A. That this Agreement may not be enlarged, modified, oraltered, except as in writing, signed by all parties as an amendment hereto. B. That no waiver of any breach of this Agreement shall be held or construed to be a waiver or any subsequent breach thereof. C. That it is expressly understood and agreed by all parties hereto that in the performance of the obligations provided for in this Agreement, time is of the essence. D. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigned of the parties hereto and all covenants are to be construed a conditions of this Lease. E. If either party must resort to legal action to enforce the terms of this 4 Agreement, the prevailing party shall be awarded legal fees. IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year first written above. CITY: THE CITY OF FORT COLLINS, COLORADO,a Municipal Corporation By: ATTEST: City Manager City Clerk APPROVED AS TO FORM: Assistant City Attorney TENANT: Steven Francis 5