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HomeMy WebLinkAbout1979-072-08/07/1979-AUTHORIZING THE CITY TO ENTER INTO A LEASE AGREEMENT WITH ALBERT M FREEMAN FOR PROPERTY ADJACENT TO RESOLUTION NO 79-72 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY 110 ENTER INTO A LEASE ACIZEE ]T WITH ALBERT M F 4AN FOR PROPERTY ADJACENT TO THE EQUIPMENT REPAIR FACILITY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows Section 1 That the Lease Agreement, a true copy of which is attached hereto as Exhibit "A," be, and it hereby is, approved Section 2 That the City Manager be, and he hereby is, authorized and directed to execute said agreement on behalf of the City of Fort Collins Passed and adopted at regular meeting this 7th day of August, A D Mayor ATI'FST Ci y Clerk / ' LEASE AGREEMENT THIS INDENTURE OF LEASE is made and entered into this 7th day of August, 1979, by and between Albert M Freeman, hereinafter sometimes designated as "landlord", and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as "Tenant" WITNESSETH In consideration of the payment of rent and the keeping and per- formance of the covenants and agreements herein contained, the Land- lord hereby leases unto the fenant the property described on Exhibit A attached hereto and by this reference made a part hereof TERMS OF LEASE 1 Rental As rental for the leased premises for the full term aforesaid, Tenant agrees to pay to landlord the sum of Two Thousand Four Hundred Dollars ($2,400 00) in monthly installments of Four Hundred Dollars ($400 00) payable to Landlord, in advance, on or before 12 00 Noon of the 20th day of each calendar month during the term of this lease at such place as landlord may designate, with- out notice 2 Term of Lease The term of this lease shall be six (6) months commencing at 12 00 Noon on the 15th day of August, 1979, and ending at 12 00 Noon at the 15th day of February, 1980 Landlord agrees to a one month extension of lease, if needed by Tenant Tenant shall inform landlord of needed extension at least thirty (30) days prior to expiration of lease 3 Utilities Tenant agrees to pay all costs of utility service to the leased premises during the term of this lease If any utilities are not, now separately metered to the leased premises, Landlord agrees to supply such separate metering 4 Insurance and Taxes A Landlord shall pay all taxes assessed against the sub3ect premises, and the Tenant shall have no liability for the same B Landlord shall also pay all insurance costs with relation to the improvements on the premises belonging to Landlord to the extent Landlord desires to insure the same Tenant shall be responsible for any of Tenant's property on the premises during the term of the lease Neither the Landlord nor the Tenant shall be liable to the other for any loss or damage to property growing out of or connected with the Tenant's use and occupation of the leased premises or the condition thereof, whether or not caused by the negligence or other fault of the Landlord or the Tenant or their respective agents, employees and invitees This release shall apply only to the extent that loss or damage to property is covered by insurance Nothing in this paragraph shall be construed to impose any other or greater liability upon either the Landlord or the Tenant than would have existed in the absence of this paragraph This re- lease shall be in effect only so long as the applicable insurance policies carried by the parties contain a clause to the effect that this release shall not affect the right of the insured to recover under such policies Such clause shall be obtained by the parties in their insurance policies to the extent possible, and each party (2) agrees to use its best efforts to obtain this insurance clause on its insurance 5 Maintenance Tenant shall pay for all costs for general maintenance of the leased premises and at the expiration of this lease shall return the premises to the Landlord in the same condition as at the beginning of this lease, ordinary wear and tear and damage by the elements or fire or other casualty only excepted Landlord shall not have an obligation to make major structural repairs to any portion of the premises 6 Alteration Tenant shall make no structural alteration to any of the improvements on the premises without the prior written consent of the Landlord 7 Termination At the termination of this lease Tenant agrees to vacate the premises and return them to the Landlord If Tenant has installed any personal property on the premises, Tenant shall have the right to remove the same but shall restore the premises to their original condition and repair any damage caused by the removal of such personal property 8 Inurement This lease shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns IN WITNESS WHEPBOF, the parties hereto have signed this agreement the day and year first hereinabove written LANDLORD ALBERT M FREEMAN ATTEST By Secretary President TENANT THE CITY OF FORT COLLINS, COLORADO ATTEST By City Clerk (3) EXHIBIT A Description of Premises That portion of the property adjoining the existing Service Center of the City of Fort Collins located on North Wood Street, consisting of two (2) metal buildings at the rear of the premises and the land which extends from the west side of the most westerly building the full width of the premises of the Landlord to the adjoining City property on the east, together with the existing gasoline storage tanks and pumps and the existing air compressor now on said premises Access to the leased premises shall be from the City's Service Center facility and shall not be across the western portion of the Landlord's property