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HomeMy WebLinkAbout- CONTRACT - CONTRACT - LEASE POLICE ANNEX 228 TO 230 LAPORTESent By: CITY RIGHT OF WAY; 970 416 2209; Jan-22-03 3:59PM; Page 2 Sao (7, [PANNEXLEASE.WPO 6/27/00) LEASE AGREEMENT THIS AGREEMENT, ("the Lease"), is made and entered 2000, by and between PATRICIA A. WILSON and GERALt undivided one-half interest; and BETTY A. JENSEN, BEVERLEY KRAMER, as to an undivided one-half interest, (' CITY OF FORT COLLINS, COLORADO, a Municipal Corpor. WITNESSETH: 1. Leased Premises. In consideration of the pa provided for and the keeping and performance of the covenants forth, the Landlords hereby lease to the Tenant and the Tenant part of that certain real property located at 228 - 230 LaPc Colorado 80521, together with certain improvements situi, collectively referred to as "the Premises", being more particular) attached hereto and incorporated herein by this reference. 2. Term. The Lease will have an original term and for: original term will commence on March 1, 2000, and will continue 28th day of February, 2001. Thereafter, unless either party termh the other party notice in writing at least sixty (60) days prior to the or any renewal term, the Lease shall automatically be renewed one-yearterms. Such renewal by Tenant is expressly contingent t budgeting and appropriation of funds in an amount sufficient t obligation hereunder. Tenant reasonably believes that it will have for the duration of the original term and the renewal term providE funds are not appropriated, Tenant may terminate the Lease at th without penalty. Landlords and Tenant understand and intend 1 Tenant to pay rental under the Lease shall constitute only a currer shall not in any way be construed to be a debt of Tenant or pled 3. Rental Payment. As rental for the Premises du Lease Agreement, the Tenant shall pay to the Landlords a ren follows: The sum of Two Thousand Four Hundred Sixty-Fourandl per month during the first year of the lease (March 1, 2000 thr 4. Increases in Rental Payment. On March 1st of Lease, the rental payment shall be increased by 3%. S. Taxes and ..//Utilities. The Tenant agrees to be 3i116O-.1r,1.1�01 $ c�Y67•-%r� �G-�ol� V_ ito this §5day of - A. i4- JENSEN, as t an ARBARA KING, and he Landlords") and THE Ion, ("the Tenant"). ;nt of the rent herein i obligations herein set ;es from the Landlords Avenue, Fort Collins, thereon, hereinafter iscribed on Exhibit "A" (4) renewal terms. The o 12:00 midnight on the ates the Lease by giving end of the original term, )r up to four successive Don the Tenant's annual meet Tenant's annual a need for the Premises I for under the Lease. If end of the oxisting term iat the obligation of the expense of Tenant and ie of Tenant's credit. ) the initial term of the payment calculated as ) Dollars ($2,464.58) February 28, 2001). Renewal Term of this e for the payment Sent By: CITY RIGHT OF WAY; 970 416 2209; Jan-22-03 3:59PM; Page 3 I of property taxes on the Premises; provided, however, that Tena; t shall be entitled to apply for and enjoy the benefit of any exemption from such taxes whict maybe applicable under the law to Tenant's use of the Premises. In addition, the Tena . t shall be responsible for the payment of all gas, electricity, water, sewer, snow rerr`oval and trash services occasioned by Tenant's use of the premises. 6. Covenants. Upon Tenant's payment of the rent t rein specified and upon Tenant's performance of the terms of the Lease, Tenant shall atiall times during the lease term and during any renewal thereof peaceably and quietly enjoy; he Premises without any disturbance from the Landlords or any person claiming throug the Landlords except as otherwise expressly provided herein. 7. Alteration - Chanoes and Additions - Responsib Landlords' prior approval, which shall not be unreasonably with the term of the Lease, install the City telephone system or maN alterations to the Premises as Tenant may so desire. (b) All in Premises of a permanent nature shall remain the property of termination of the Lease. The Tenant shall have the right to rf other improvements of a nonpermanent nature (including, but nc relay boxes and office partitions), provided that the Tenant repairing any damage to the Premises caused by removal of sL 8. Permissible Use of the Premises. The Tenant s Police Department related uses. 9. Reoairs. Maintenance. and Parkino. L. (a) Subject to the eld, Tenant may, during such other changes or )rovements made to the the Landlords upon the nove all equipment and limited to, the telephone hall be responsible for h improvements. I use the Premises for A. The Tenant shall, during the term of th ' Lease and at its sole expense, provide janitorial services to and r tine maintenance of the interior of the premises, including plumbing,:. electrical, ventilation, air conditioning, all windows and doors. B. The Landlords, during the term of the Lease E shall keep and maintain the Premises, including without limitation, th structural support, roof, exterior walls. in good working order and repi iir. The Landlords agree to be responsible for heating maintenance ind repair. Any repairs, otherthan normal wear and tear, required be ause of damage caused by the Tenant will be the responsibility of the Tenant. C. The Tenant shall maintain the parking areaand sidewalks in a safe condition, and free of litter, debris, and di , and Tenant shall be responsible for snow removal. D. The Tenant shall, upon termination of is Lease, restore the Premises to the condition they were in 4 the time Tenant first VA Sent By: CITY RIGHT OF WAY; 970 416 2209; Jan-22-03 4:OOPM; Page 4/8 occupied the Premises, subject to Section 6]above. 9. Insurance. A. Landlords shall be responsible for maintainino such fire and extended coverage insurance on the Premises as Woti d be sufficient to cover replacement Costs of the Premises. Such `insurance shall not be required to cover any of tenant's property, a "d Tenant shall have no interest in any of the proceeds of such insu nce. B. The parties understand and agree that as allowed by Colorado law. 10. Destruction of Premises. In the case of damage by f and if the damage renders the Premises untenantable in whole or of the Tenant, the Lease shall cease and terminate and the rent the time of damage. If the Tenant does not terminate the Lease, th the damage with reasonable dispatch and there shall be an abate of the rent until the damage has been repaired. In determ reasonable dispatch, consideration will be given to delays causes of insurance or other causes beyond the Landlords' control. 11. Encumbrances. The Lease is subject and sub❑rdir of trust, mortgage or similar encumbrance heretofore executed the Premises. The Landlords expressly reserve the right at an; or encumber the Premises. The Landlords agree to remain obligations under any and all such encumbrances at all times thereunder. 12. Default by Landlords. if the Landlords shall breach required to be performed by the Landlords under the Lease, the I such breach and deduct the cost thereof from rent subsequently 1 or may elect to terminate the Lease upon giving at least thirty (; Landlords of their intention to so do, in which event the Lease sh date fixed in such notice unless the Landlords shall have meanwh Election by the Tenant to terminate under this provision shall riot be of any of Tenant's rights as a non -defaulting party to such other available in law or equity. 13. Default by Tenant. If the rent provided for above, or be in arrears, or if default shall be made by Tenant in any of the coy herein contained, the Landlords shall give to the Tenant thirty (30) any default in the payment of rent, and thirty (30) days' notice to u which will cure any other default; and if said rent is not paid within: period, or if the Tenant shall not commence within the thirty (30) ( 3 currently self -insured •e or any such casualty )art, then, at the option hall be apportioned to Landlords shall repair nent or apportionment ling what constitutes by strikes, adjustment to the lien of any deed the Landlords against re to further mortgage rrent in meeting their i to permit no default any of the conditions :pant may either cure oming due hereunder 0) days notice to the ill terminate upon the e cured such default. construed as a waiver remedies as may be my part thereof, shall ;Hants or agreements lays' notice to correct dertake performance 1e said thirty (30) day ay period to cure any Sent By: CITY RIGHT OF WAY; 970 416 2209; Jan-22-03 4:00PM; Page 518 other default and to diligently pursue the work thereafter requi default, it shall be lawful for the Landlords, at the Landlords Tenant's right of possession ended and to enter into the Prem The Tenant hereby covenants and agrees to surrender and peaceably to the Landlords immediately upon the termination of shall remain in the possession of the same after the termination be deemed guilty of an unlawful detainer of the Premises und, eviction and removal. 14. Landlords' Right to Enterthe Premises. The Landi at all reasonable times and with at least one day advance notice to enter upon the Premises for the purpose of inspecting the Pi necessary repairs or performing any work that might be nece performed by the Landlords under the terms of this Lease. Thi have the right at any time within the last three (3) months of Te Premises to show the Premises to prospective purchasers or tens advance notice to Tenant. The Landlords shall further have the place "for sale" or "for rent" signs upon the Premises. Landlords that Landlords shall be prohibited from entering and will have r secured areas of the Lease Premises, which shall be maintains meet Tenant's security and confidentiality needs. ad to correct such other election, to declare the ►es, or any part thereof. leliver up the Premises he Lease. If the Tenant hereof, the Tenant shall r the law and subject to 1rds or their agents shall to Tenant, be permitted .1mises and making any osary or required to be Landlords shall further iant's occupancy of the its upon at least one day ight during such time to icknowledge and agree access to designated i as such by Tenant to 15. Assignment of the Lease. The Lease shall not be ssigned by the Tenant nor shall the Tenant sublease any portion of the premises without he prior written consent of the Landlords. The Landlords agree not to unreasonably Withhold consent to any assignment or subletting. 16. Holding Over. if after the expiration of the term of th Lease and any renewal thereof, the Tenant shall remain in possession of the Premises ' d continue to pay rent without any express written agreement as to such holding over, - hen such holding over shall be deemed to be a tenancy from month -to -month at a month) rental equivalent to the last monthly installment hereunder and subject to all other provis ns of the Lease. 17. Notices. Any notice by either party to the other s be deemed to be duly given only if delivered personally, or mai postage prepaid envelope addressed to the parties as follows: LANDLORDS: c/o Betty Jensen 3136 Eagle Drive Fort Collins, CO 80525 4 be in writing and shall by registered mail in a Sent By: CITY RIGHT OF WAY; 970 416 2209; Jan-22-03 4:01PM; Page 6/8 TENANT: City of Fort Collins Attention. Right -of -Way P.O. Box 580 Fort Collins, CO 80522 The addresses hereinabove set forth may be changed by eith r party by giving written notice to the other party of the change of address. 18, Attme ' Fees. In the event of litigation between t e Parties concerning this Lease, the prevailing party shall be entitled to their costs and re sonable attomeys' fees incurred as a result of the litigation. 19. Miscellaneous. A. The Lease shall be governed by, cons, rued and enforced in accordance with the laws of the State of Co orado. B. In construing the Lease, feminine or neuter pronouns shall be substituted for those masculine in form an vice versa, and plural terms shall be substituted for singular and ingular for plural in any place in which the context so requires. C. The covenants, terms, condition, provisions' rid undertakings in the lease shall extend to and be binding upoit the heirs, executors, administrators, successors, and assigns o, the respective parties hereto as if they were in every case named and expressed and shall be construed as covenants running with; the land. Wherever reference is made to either of the parties h eto, it shall be held to include and apply also to the heirs, exeutors, administrators, successors, and assigns of such party as if in ach and ever, case so expressed. D. The caption of paragraphs in the Lease are ir serted only as a matter of convenience and for reference and in r o way define, limit or describe the scope or intent of the lease or o any provisions herein. E. The Lease contains the entire agreement bi tween the parties and cannot be changed or terminated orally, but o' ly by an agreement in writing signed by the parties hereto. F. If any provisions of the Lease shall be declared invalid or unenforceable, the remainder of the Lease sh II continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed he Lease the day and I.i Sent By: CITY RIGHT OF WAY; 970 416 2209; Jan-22-03 4:01PM; Page 7/8 year first written. Date:_�.a U F D Date: Date: 7-.17—Lir� Date:_ L- z.,,- 0 e _ATTEST: City Cleric ROVED AS TO FOR XL � q c- Assistant City A ne LANDLORDS: By:-- Patricia A. Wills By: �s a,��, Barbara King TENANT: CITY OF FORT COLUIS a Municipal Corporation Sy: �A�..k C' anager 0 COLORADO Sent By: CITY RIGHT OF WAY; Ui Lo W O x J 970 416 2209; Jan-22-03 4:01PM; Page 8/8 Exhibit A — Qcscription o Premises I I � LOT 35 I LOT37 j � I The south 12S feeC o Lacs 36 and 37, 81ac j 32 In the Cicy of Fo: II Calling, 5y,. LAPORTE AVE.