Loading...
HomeMy WebLinkAbout- CONTRACT - CONTRACT - LEASE POLICE ANNEX 228 TO 230 LAPORTE (2)[PANNEX.LEA Rev. 5/30/97] LEASE AGREEMENT THIS AGREEMENT, ("the Lease"), is made and entered into this s Q day of 1997, by and between MILDRED E. JENSEN, individually and as agent vy PATRICIA. WILSON and GERALD A. JENSEN; and BETTY A. JENSEN, BARBARA KING, and BEVERLEY KRAMER, individually, ("the Landlords") and THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, ("the Tenant"). WITNESSETH: 1. Leased Premises. In consideration of the payment of the rent herein provided for and the keeping and performance of the covenants and obligations herein set forth, the Landlords hereby lease to the Tenant and the Tenant leases from the Landlords part of that certain real property located at 228 - 230 LaPorte Avenue, Fort Collins, Colorado 80521, together with certain improvements situated thereon, hereinafter collectively referred to as "the Premises", being more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. 2. Term. The Lease will have an original term and four (4) renewal terms. The original term will commence on March 1, 1997, and will continue to 12:00 midnight on the 28th day of February, 1998. Thereafter, unless either party terminates the Lease by giving the other party notice in writing at least sixty (60) days prior to the end of the original term, or any renewal term, the Lease shall automatically be renewed for up to four successive one-year terms. Such renewal by Tenant is expressly contingent upon the Tenant's annual budgeting and appropriation of funds in an amount sufficient to meet Tenant's annual obligation hereunder. Tenant reasonably believes that it will have a need for the Premises for the duration of the original term and the renewal term provided for under the Lease. If funds are not appropriated, Tenant may terminate the Lease at the end of the existing term without penalty. Landlords and Tenant understand and intend that the obligation of the Tenant to pay rental under the Lease shall constitute only a current expense of Tenant and shall not in any way be construed to be a debt of Tenant or pledge of Tenant's credit. 3. Rental Payment. As rental for the Premises during the initial term of the Lease Agreement, the Tenant shall pay to the Landlords a rental payment calculated as follows: The sum of One Thousand Nine Hundred Eighty -Three and 04/100 Dollars ($1,983.04) per month during the first year of the lease (March 1, 1997 through February 28, 1998). 4. Increases in Rental Payment. On each March 1st of each Renewal Term of 11 this Lease, the rental payment shall be adjusted by the Consumer Price Index ("CPI'J. For the purposes of this Lease Agreement, CPI shall mean the Consumer Price Index, All Urban consumers (CPI-U), All Items, (base year 1982-84=100), published by the United States Department of Labor, Bureau of Labor Statistics, as measured for each calendar year ending on December 31 st. 5. Taxes and Utilities. The Tenant agrees to be responsible for the payment of property taxes on the Premises; provided, however, that Tenant shall be entitled to apply for and enjoy the benefit of any exemption from such taxes which may be applicable under the law to Tenant's use of the Premises. In addition, the Tenant shall be responsible for the payment of all gas, electricity, water, sewer, snow removal and trash services occasioned by Tenant's use of the premises. 6. Covenants. Upon Tenant's payment of the rent herein specified and upon Tenant's performance of the terms of the Lease, Tenant shall at all times during the lease term and during any renewal thereof peaceably and quietly enjoy the Premises without any disturbance from the Landlords or any person claiming through the Landlords except as otherwise expressly provided herein. 7. Alteration - Changes and Additions - Responsibility. (a) Subject to the Landlords' prior approval, which shall not be unreasonably withheld, Tenant may, during the term of the Lease, install the City telephone system or make such other changes or alterations to the Premises as Tenant may so desire. (b) All improvements made to the Premises of a permanent nature shall remain the property of the Landlords upon the termination of the Lease. The Tenant shall have the right to remove all equipment and other improvements of a nonpermanent nature (including, but not limited to, the telephone relay boxes and office partitions), provided that the Tenant shall be responsible for repairing any damage to the Premises caused by removal of such improvements. 8. Permissible Use of the Premises. The Tenant shall use the Premises for Police Department related uses. • --•. # - - A. The Tenant shall, during the term of the Lease and at its sole expense, provide janitorial services to and routine 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, shall keep and maintain the Premises, including without limitation, the structural support, roof, exterior walls, in good working order and repair. The Landlords agree to be responsible for heating maintenance and repair. Any repairs, 2 other than normal wear and tear, required because of damage caused by the Tenant will be the responsibility of the Tenant. C. The Tenant shall maintain the parking area and sidewalks in a safe condition, and free of litter, debris, and dirt, and Tenant shall be responsible for snow removal. D. The Tenant shall, upon termination of this Lease, restore the Premises to the condition they were in at the time Tenant first occupied the Premises, subject to Section 6 above. 9. Insurance. A. Landlords shall be responsible for maintaining such fire and ,extended coverage insurance on the Premises as would be sufficient to cover replacement costs of the Premises. Such insurance shall not be required to cover any of tenant's property, and Tenant shall have no interest in any of the proceeds of such insurance. B. The parties understand and agree that tenant is currently self -insured as allowed by Colorado law. 10. Destruction of Premises. In the case of damage by fire or any such casualty and if the damage renders the Premises untenantable in whole or part, then, at the option of the Tenant, the Lease shall cease and terminate and the rent shall be apportioned to the time of damage. If the Tenant does not terminate the Lease, the Landlords shall repair the damage with reasonable dispatch and there shall be an abatement or apportionment of the rent until the damage has been repaired. In determining what constitutes reasonable dispatch, consideration will be given to delays caused by strikes, adjustment of insurance or other causes beyond the Landlords' control. 11. Encumbrances. The Lease is subject and subordinate to the lien of any deed of trust, mortgage or similar encumbrance heretofore executed by the Landlords against the Premises. The Landlords expressly reserve the right at anytime to further mortgage or encumber the Premises. The Landlords agree to remain current in meeting their obligations under any and all such encumbrances at all times and to permit no default thereunder. 12. Default by Landlords. If the Landlords shall breach any of the conditions required to be performed by the Landlords under the Lease, the Tenant may either cure such breach and deduct the cost thereof from rent subsequently coming due hereunder or may elect to terminate the Lease upon giving at least thirty (30) days notice to the Landlords of their intention to so do, in which event the Lease shall terminate upon the 3 date fixed in such notice unless the Landlords shall have meanwhile cured such default. Election by the Tenant to terminate under this provision shall not be construed as a waiver of any of Tenant's rights as a non -defaulting party to such other remedies as may be available in law or equity. 13. Default by Tenant. If the rent provided for above, or any part thereof, shall be in arrears, or if default shall be made by Tenant in any of the covenants or agreements herein contained, the Landlords shall give to the Tenant thirty (30) days' notice to correct any default in the payment of rent, and thirty (30) days' notice to undertake performance which will cure any other default; and if said rent is not paid within the said thirty (30) day period, or if the Tenant shall not commence within the thirty (30) day period to cure any other default and to diligently pursue the work thereafter required to correct such other default, it shall be lawful for the Landlords, at the Landlords' election, to declare the Tenant's right of possession ended and to enter into the Premises, or any part thereof. The Tenant hereby covenants and agrees to surrender and deliver up the Premises peaceably to the Landlords immediately upon the termination of the Lease. If the Tenant shall remain in the possession of the same after the termination thereof, the Tenant shall be deemed guilty of an unlawful detainer of the Premises under the law and subject to eviction and removal. 14. Landlords' Right to Enter the Premises. The Landlords or their agents shall at all reasonable times and with at least one day advance notice to Tenant, be permitted to enter upon the Premises for the purpose of inspecting the Premises and making any necessary repairs or performing any work that might be necessary or required to be performed by the Landlords under the terms of this Lease. The Landlords shall further have the right at any time within the last three (3) months of Tenant's occupancy of the Premises to show the Premises to prospective purchasers or tenants upon at least one day advance notice to Tenant. The Landlords shall further have the right during such time to place "for sale" or "for rent" signs upon the Premises. Landlords acknowledge and agree that Landlords shall be prohibited from entering and will have no access to designated secured areas of the Lease Premises, which shall be maintained as such by Tenant to meet Tenant's security and confidentiality needs. 15. Assignment of the Lease. The Lease shall not be assigned by the Tenant nor shall the Tenant sublease any portion of the premises without the 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 the Lease and any renewal thereof, the Tenant shall remain in possession of the Premises and continue to pay rent without any express written agreement as to such holding over, then such holding over shall be deemed to be a tenancy from month -to -month at a monthly rental equivalent to the last monthly installment hereunder and subject to all other provisions of the Lease. 4 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, or mailed by registered mail in a postage prepaid envelope addressed to the parties as follows: LANDLORDS: c/o Barbara King 3200 Moore Lane Fort Collins, CO 80526 TENANT: City of Fort Collins Attention: Right -of -Way Department P.O. Box 580 Fort Collins, CO 80522 The addresses hereinabove set forth may be changed by either party by giving written notice to the other party of the change of address. 18. Attomgys' Fees. In the event of litigation between the Parties concerning this Lease, the prevailing party shall be entitled to their costs and reasonable attorneys' fees incurred as a result of the litigation. 19. Miscellaneous. A. The Lease shall be governed by, construed and enforced in accordance with the laws of the State of Colorado. B. In construing the Lease, feminine or neuter pronouns shall be substituted for those masculine in form and vice versa, and plural terms shall be substituted for singular and singular for plural in any place in which the context so requires. C. The covenants, terms, condition, provisions and undertakings in the lease shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of 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 hereto, it shall be held to include and apply also to the heirs, executors, administrators, successors, and assigns of such party as if in each and every case so expressed. D. The caption of paragraphs in the Lease are inserted only as a matter of convenience and for reference and in no way define, limit or 5 t . describe the scope or intent of the lease or of any provisions herein. E. The Lease contains the entire agreement between the parties and cannot be changed or terminated orally, but only 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 shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed the Lease the day and year first written. LANDLORDS Date:-y ' q �/ By: �j�. Mildred E. Jensen, indi dually and as agent for Patricia A. Wilson and Gerald A. Jensen Date: - t 7 Date: S' - V, 9 j Date: j-_31- 9 % t! , r. % 1L By: Barbara King By: �, , ,,,;_„ Beverley Kram N r 110213 mlwav APPROVED AS TO FORM Assistant City Atto e TENANT CITY OF FORT COLLINS, COLORADO a Municipal Corporation By: City Wnager 7 N Ln w O Exhibit A - Description of Premises I I r- 50'� LAPORTE AVE. t of lock Fort