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HomeMy WebLinkAbout1995-008-01/17/1995-7213 SOUTH LEMAY AVENUE LEASE AGREEMENT PRYOR RESOLUTION 95-8 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH TOM AND CATHERINE PRYOR FOR THE PROPERTY AND IMPROVEMENTS AT 7213 SOUTH LEMAY AVENUE WHEREAS, the City of Fort Collins (the "City") is the owner of that certain parcel of real property, together with the improvements located thereon, the street address of which is 7213 South Lemay Avenue, Fort Collins, Colorado, on which is presently located a residence, a separate garage, and a surrounding area of approximately ten (10) acres (the "Residence"); and WHEREAS, Tom and Catherine Pryor (the "Pryors") have leased the Residence from the former owner for the past five years and desire to continue to lease the Residence from the City; and WHEREAS, it is in the City's best interest to lease the Residence until such time as the City has determined the best method for selling the Residence and adjacent undeveloped land; and WHEREAS, a Lease Agreement between the City and the Pryors has been drafted and submitted to the Pryors for their consideration, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference (the "Lease Agreement"); and WHEREAS, under the Lease Agreement, the City will lease the Property to the Pryors for a six-month term beginning November 18, 1994, and ending May 18, 1995; and WHEREAS, the Lease Agreement is contingent upon Council approving the Lease Agreement by resolution on or before January 17, 1995. 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 City's lease of the Residence on the terms and conditions described in the Lease Agreement are in the best interest of the City. Section 2. That the Council hereby approves the Lease Agreement. Section 3. That the Council hereby authorizes the Interim City Manager to enter into the Lease Agreement with the Pryors. Passed and adopted at a regular meeting of:ayor Council o City of Fort s held this 17th day of January, A.D. 1995. ATTESTT: \c !tea�t j-� City Clerk 7�— EXHIBIT A LEASE AGREEMENT ®RAff THIS LEASE AGREEMENT, made and entered into this day of , 199 , by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as "the Lessor, " and TOM PRYOR and CATHERINE PRYOR, hereinafter referred to jointly as "the Lessees. " W I T N E S S E T H WHEREAS, the Lessor is the owner of that certain parcel of real property, together with the improvements located thereon, situated in the County of Larimer, State of Colorado, the street address of which is 7213 South Lemay Avenue, Fort Collins, Colorado, on which is presently located a residence, a separate aaracre,- and a surrounding area of approximately ten (10)- acres (hereinafter referred to as "the Leased Premises") ; and WHEREAS, the Lessor desires to lease the Leased Premises to the Lessees as the Lessees' private residence, and the Lessees desire to lease the Leased Premises as their private residence from the Lessor. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto do hereby covenant, promise and agree to and with each other as follows: ARTICLE I Lease of the Leased Premises 1. 1 The Lessor does hereby lease, demise and let unto the Lessees, and the Lessees do hereby hire and take from the Lessor the Leased Premises. ARTICLE II Term 2 . 1 The term of this Lease shall be for a period of six (6) months, commencing as of November 18 , 1994, and continuing until May 18 , 1995, unless sooner terminated by operation of law or as otherwise- provided hereinafter. 2 .2 This Lease shall not be recorded; but, at the request of the Lessees, the Lessor and the Lessees shall execute a Memorandum of Lease for recording, containing the names of the parties, the legal description of the Leased Premises, the term of the Lease and such other information as the parties shall mutually agree upon. ARTICLE III Rent and Security Deposit 3 . 1 The Lessees shall pay the Lessor during the term of this Lease an aggregate rental in the amount of Three Thousand Nine Hundred Dollars ($3 , 900 . 00) . Such rent shall be payable in advance, without demand or notice, in monthly installments of Six Hundred Fifty Dollars ($650 . 00) due on the 18th day of each month during the Lease term, commencing November 18, 1994 . 3 . 2 Except for the November and December 1994 rental payments, in the event any other rental payment required under this Lease Agreement is not made within ten (10) days after the payment is due, a late charge in the amount of five percent (5%) of the past due payment shall be paid by the Lessees to the Lessor. 3 . 3 Upon the execution of this Lease Agreement, the Lessees shall pay to the Lessor a security deposit in the amount of Three Hundred Twenty-five Dollars ($325. 00) . The security deposit shall bp- returned tn� the Les-aes-,- or a written- ar-aaunting made thersaf,- listing the exact reasons for retention of any portion of the security deposit, within sixty (60) days after the termination of this Lease Agreement, or the surrender and acceptance of the Leased Premises. The Lessor shall make any such written statement to the Lessees by mailing said statement to the last known address of the Lessees. ARTICLE IV Use of the Leased Premises 4 . 1 The Lessees shall only use the Leased Premises as their private residence to be occupied only by the Lessees. The Lessees shall not use the Leased Premises in such a manner as to violate any applicable law, rule, ordinance or regulation of any governmental body. 4 .2 The Lessees shall be responsible for generally providing security and surveillance of the Leased Premises and of the City' s land that surrounds the Leased Premises to prevent persons from trespassing and dumping waste upon it. If the Lessees encounter or observe trespassers upon the Leased Premises and the said surrounding land of the City, the Lessees shall notify Fort Collins Police Services and shall notify Susanne Edminster of the City of Fort Collins Finance Department (#221-6784) . 2 of 11 ARTICLE V Maintenance and Repair 5. 1 The Lessees shall keep the improvements upon the Leased Premises, including sewer connections, plumbing, wiring, and glass, in good repair, all at the Lessees, expense and at the expiration of this Lease Agreement, to surrender possession of the Leased Premises to the Lessor in as good a condition as when the Lessees entered into this Lease Agreement, ordinary wear and tear excepted. The Lessees shall also properly irrigate and care for all trees, shrubbery, and lawn on the Leased Premises at the Lessees' expense. The Lessees shall also keep all sidewalks on the Leased Premises free and clear of ice and snow and keep the entire exterior of the Leased Premises free from all litter, dirt, debris, and obstructions. In addition, the Lessees shall keep any septic system, grease pit, and ash pit on the Leased Premises in a clean and sanitary condition. 5. 2 All repairs or replacements to the Leased Premises required of the Lessees under this Lease Agreement shall be made promptly and when necessary. All replacements shall be in a quality and of a class at least equal to the original work. 5 . 3 The Lessees shall keep the Leased Premises clean and in good sanitary condition as required by the ordinances, resolutions, statutes and health, sanitary and police regulations of the City of Fort Collins, County of Larimer and State of Colorado. 5 . 4 If the Lessees fail to make any repairs or replacements required of them by this Lease Agreement, the Lessor may, but shall not be required to, make such repairs or replacements on the Lessees' account, and the expenses thereof shall constitute and be collectible by the Lessor as additional rent owed by the Lessees due at the time of the next monthly payment. 5 . 5 The Lessees shall neither hold nor attempt to hold the Lessor liable for any injury or damage, either approximate or remote, occasioned through or caused by defective electrical wiring, or the breaking or stoppage of plumbing or sewage upon the Leased Premises, whether such breakage or stoppage results from freezing or otherwise. Further, the Lessees shall not permit or suffer the Leased Premises or the walls of the improvements located thereon to be endangered by overloadings. ARTICLE VI Alterations and Improvements 6 . 1 All alterations, additions, improvements or changes to the Leased Premises made by the Lees subsequent to commencementof the Lease Term shall be subject to the prior written approval of - 3 of 11 - the Lessor and shall be done in a good and workmanlike manner without impairing the structural soundness of the Leased Premises and in compliance with the building and zoning laws and with all other laws, ordinances, orders, rules, regulations and requirements of all federal, state or municipal governments and the appropriate departments, commissions, boards and officers thereof. 6. 2 The Lessees hereby indemnify and agree to hold the Lessor harmless from all liens, claims or charges on account of any alterations, additions, improvements, repairs or changes to the Leased Premises by the Lessees. 6. 3 At the end of the term of this Lease, all fixtures, additions, and alterations installed by the Lessees on the Leased Premises shall be and remain the property of the Lessor. ARTICLE VII Utilities 7 . 1 The Lessees agree to pay all charges for water, sewer service, gas, electricity, light, heat, trash removal, any security system, and telephone and other communications services used, rendered, or supplied upon or in the Leased Premises and the improvements located thereon and to indemnify the Lessor against any and all liability or damages on such account. All such utility charges shall be paid by the Lessees before the date the same become delinquent. ARTICLE VIII Subletting and Assignment 8 . 1 The Lessees shall not assign all or any part of this Lear Agreement or sublease all, or any part of the Lea-sed Premises to anyone without the prior written consent of the Lessor. ARTICLE IX Total or Partial Destruction 9 . 1 In case, during the term of this Lease, the Leased Premises or any part thereof shall be destroyed or shall be so damaged by fire or other casualty so as to become untenantable, then, in such event, at the option of the Lessor or the Lessees, the term hereby created shall cease; and this Lease shall become null and void from the date of such damage or destruction; and the Lessees shall immediately surrender the Leased Premises and their interest therein to the Lessor; provided, however, that the Lessor shall exercise such option to so terminate this Lease by notice in writing delivered to the Lessees within thirty (30) days after such damage or destruction. - 4 of 11 - ARTICLE X Holding Over 10 . 1 Any holding over after the expiration of the term of this Lease Agreement or any extended term thereof, with the consent of the Lessor, shall be construed to be a tenancy from month-to-month on the same terms and conditions herein specified and at the same rental provided for herein. Provided, however, that the Lessees shall not be permitted to hold over as month-to-month tenants after November 18 , 1995, at which time this Lease Agreement shall terminate and the Lessees shall be deemed thereafter to be tenants- at-sufferance if they continue in possession of the Leased Premises . ARTICLE XI Default of Lessees 11 . 1 This Lease Agreement is made on the condition also that if any one or more of the following events (hereinafter referred to as "an event of default") shall happen: (a) The Lessees shall default in the due and punctual payment of the rent or any other amounts required to be paid hereunder and such default shall continue for three (3) days after the receipt of written notice from the Lessor; or (b) The Lessees shall neglect or fail to perform or observe any of the other covenants herein contained on the Lessees ' part to be performed or observed, and the Lessees shall fail to remedy the same within fifteen (15) days after the Lessees shall have received from the Lessor written notice specifying such neglect or failure (or within such period, if any, as may be reasonably required to cure such default if it is of such nature that it cannot be cured within said fifteen [15] day period, provided that the Lessees shall have commenced to effect such cure within said fifteen [15] days and shall proceed with due diligence to complete said cure) ; or (c) The Lessees shall (i) be adjudicated bankrupt or insolvent, (ii) file a petition in bankruptcy for reorganization or for the adoption of an arrangement under the Bankruptcy Act (as now or in the future amended) or (iii) make an assignment of their property for the benefit of their creditors; then, and in any one or more such events, the Lessor shall have the right, at its election and while such event of default shall continue, to give the Lessees written notice of its intention to - 5 of 11 - terminate this Lease on the date of such given notice or any later date specified therein; and on such specified date, the Lessees' right to possession of the Leased Premises shall cease; and this Lease shall thereupon be terminated. The Lessor may then re-enter and take possession of the Leased Premises or any part thereof and repossess the same as the Lessor' s former estate and expel the Lessees and those claiming through or under the Lessees and remove the effects of both or either (forcibly, if necessary) without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrearages of rent or preceding breach of covenants. ARTICLE XII Notices 12 . 1 Any notice or other communication given by either party hereto to the other relating to this Lease Agreement shall be hand delivered or sent by registered or certified mail, return receipt requested, addressed to such other party at its respective address set forth below; and such notice or other communication shall be deemed given when so hand delivered or mailed: If to the Lessor, to: Susanne Edminster Finance Department P.O. Box 580 Fort Collins, CO 80522 With a copy to: John R. Duval City Attorney' s Office P.O. Box 580 Fort Collins, CO 80522 If to the Lessees, to: Tom and Catherine Pryor 7213 Lemay Avenue Fort Collins, CO 80525 ARTICLE XIII Lessees to Save Lessor Harmless 13 . 1 The Lessees covenant that they will indemnify and hold the Lessor harmless from all claims, demands, judgments, costs, and expenses, including attorneys fees, arising out of any accident or - 6 of 11 - occurrence causing injury to any person or property whomsoever or whatsoever due directly or indirectly to the condition of the Leased Premises or the use or neglect of the Leased Premises or any part thereof by the Lessees and their licensees and invitees or any person or persons holding under the Lessees, unless such accident or occurrence results from any tortious misconduct or negligent act or omission on the part of the Lessor or its officers and employees; and the Lessees shall indemnify and hold harmless the Lessor from all damages and all penalties arising out of any failure of the Lessees, in any respect, to comply with all the requirements and provisions of this Lease Agreement; and the Lessees covenant that they will keep and save the Lessor and the Lessor' s interests in and to the Leased Premises forever harmless from any penalty, damage, or charge imposed by any violation of any laws, whether occasioned by an act of neglect of the Lessees, or by another or others in the Leased Premises holding under or through the Lessees. ARTICLE XIV Hazardous Material 14 . 1 As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local government authority, the State of Colorado or the United States Government. The term "Hazardous Material" includes, without limitation, any material or substance that is: (i) defined as a "hazardous substance" under appropriate state law provisions; (ii) petroleum; (iii) asbestos; (iv) the Federal Water Pollution Control Act (33 U.S.C. Section 1321) ; (v) defined as "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6903) ; (vi) defined as a "hazardous" substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U. S. C. Section 9601) ; or (vii) defined as a "regulated substance" pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage Tanks) (42 U.S.C. Section 6991) . 14 . 2 The Lessees shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Leased Premises by the Lessees without the prior written consent of the Lessor. If the Lessees breach the obligation stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by the Lessees result in contamination of the Leased Premises or if contamination of the Leased Premises by Hazardous Material otherwise occurs for which the Lessees are legally liable to the Lessor for damage resulting therefrom, then the Lessees shall indemnify, defend and hold the Lessor harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution value of the Leased Premises, damages for the loss or restriction on use of rentable or usable space or of - 7 of 11 - any amenity of the Leased Premises, damages, arising from adverse impact or marketing of the Leased Premises, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arising during or after the Lease term as a result of such contamination. This indemnification of the Lessor by the Lessees includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or groundwater on or under the Leased Premises. Without limiting the foregoing, if the presence of any Hazardous Materials on the Leased Premises caused or permitted by the Lessees results in any contamination of the Leased Premises, the Lessees shall promptly take all actions at their sole expense as is necessary to return the Leased Premises to the condition exiat-i ng prior to_ the_ introduction of any such_ HazardoilS Mar-er-ial to the Leased Premises; provided that the Lessor' s Natural Resources Administrator' s approval of such action shall first be obtained, which approval shall not be unreasonably withheld so long as such action would not potentially have any material adverse affect on the Leased Premises. ARTICLE XV Time of the Essence 15. 1 It is agreed that time shall be of the essence of this Lease Agreement and each and every provision hereof. ARTICLE XVI Contingency 16. 1 This Lease Agreement is hereby made expressly contingent upon the City Council of the City of Fort Collins (hereinafter referred to as "the Council") approving this Lease Agreement by resolution, as required by Section 23-114 of the Code of the City of Fort Collins, which resolution must be passed by the Council on or before January 17 , 1995. If the Council does not pass such a resolution on or before January 17, 1995, then this Agreement shall be automatically terminated and all parties shall be released from all obligations hereunder, except that the Lessees shall not be entitled to the return of any rental monies previously paid to the Lessor under this Lease Agreement. ARTICLE XVII Miscellaneous 17 . 1 Words of the masculine gender shall include the feminine and neuter genders; and when the sentence so indicates, words of - 8 of 11 - the neuter gender shall refer to any gender. Words in the singular shall include the plural and vice versa. 17 . 2 This Lease Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto and shall be deemed to be and contain the entire understanding and agreement between the parties hereto. There should be deemed to be no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning this Lease Agreement unless set forth in writing and signed by both parties hereto. 17 . 3 The section headings used herein are for convenience of reference only and shall in no way define or limit the scope or intent of any provision under this Lease Agreement. 17 . 4 Subject to the provisions hereof, the benefits of this Lease Agreement and the burdens hereunder shall inure to and be binding upon the parties hereto and their respective heirs, personal representatives, administrators, successors and permitted assigns and sublessees. 17 . 5 This Lease shall be governed by and its terms construed under the laws of the State of Colorado. 17 . 6 Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of principal and agent or a partnership or a joint venture between the parties hereto, it being agreed that none of the provisions set forth herein nor any acts of the parties herein shall be deemed to create a relationship between the parties hereto other than the relationship of lessor and lessee. 1T. T The Lessees, upon the expiration or termination o-f tiris Lease, either by lapse of term or otherwise, agree to peaceably surrender to the Lessor the Leased Premises in broom-clean condition and in good repair, except for acts of God, ordinary wear and tear, and damage by fire or other casualty not caused by the Lessees or anyone under the Lessees' control. 17 .8 No waivers of any one or more of the terms, covenants, conditions, and agreements of this Lease Agreement shall be deemed to imply or constitute a waiver of any succeeding or other breach hereunder; the failure of the Lessor to insist upon strict performance of the terms, conditions, covenants, and agreements herein contained, or any of them shall not constitute or be considered as a waiver or relinquishment of the Lessor's rights thereafter to enforce any such default or term, condition, covenant, or agreement; the same shall continue in full force and effect. - 9 of 11 - 17 . 9 The remedies of the Lessor under this Lease Agreement shall be cumulative, and no one of them shall be construed as exclusive of any other or of any other remedy provided by law. 17 . 10 The Lessor reserves the right to grant such utility easements and other easements as it desires over, across, and under portions of the Leased Premises so long as such easements do not unreasonably interfere with the Lessees' continued use of the Leased Premises under this Lease Agreement as a private residence. 17 . 11 No act or thing done by the Lessor or the Lessor' s officers, agents, or employees during the term hereof shall be considered as an acceptance of surrender of the Leased Premises, and no agreement to accept such surrender shall be valid unless in writing and signed by the Lessor. The delivery of keys to an officer, employee, or agent of the Lessor shall not operate as a termination of this Lease or a surrender of the Leased Premises. 17 . 12 It is mutually understood and agreed that the Lessor and its officers, agents, and employees shall have free access to the Leased Premises during all reasonable hours for the purpose of examining the same to ascertain it is being kept in good repair by the Lessees or to show the Leased Premises to any prospective purchasers or lessees so long as such inspection shall not unreasonably interfere with the Lessees' use of the Leased Premises under this Lease Agreement. 17 . 13 The Lessees acknowledge and agree that they have not relied upon any statements, representations, agreements, or warranties except such as are expressed herein. 17. 14 By executing this Lease Agreement, the Lessees shall be deemed to have accepted the Leased Premises in its present condition "AS IS. " The Lessees acknowledge that the Leased Premises currently comply fully with the Lessor' s covenants under this Lease Agreement. 17 . 15 The parties hereto acknowledge that certain items of personal property may now be located on the Leased Premises. The Lessor makes no representations or warranties regarding its ownership of any such items of personal property or their condition thereof. The parties hereto acknowledge that the said items of personal property located in and on the Leased Premises may belong to third parties. The Lessees agree to indemnify and hold the Lessor harmless against any liability for any improper use or disposition by the ' Lessees of any items or personal property belonging to any third parties. - 10 of 11 - IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be executed the day and year first above written. LESSOR: THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation By: Interim City Manager ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney LESSEES: Catherine Pryor Tom Pryor - 11 of 11 -