HomeMy WebLinkAbout132367 SQUARE SHOPPING CENTER - CONTRACT - CONTRACT - 192611�S,�G/
Po #yYA-.-P7y�
Use Agreement
THIS USE AGREEMENT IS MADE and entered into this day of August
2003, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal
corporation, (hereinafter referred to as "the City") and the SQUARE SHOPPING
CENTER, L.L.C., a Colorado limited liability company (hereinafter referred to as
"Owner").
WITNESSETH:
WHEREAS, Owner is the owner of certain real property located in the County of
Larimer, State of Colorado, which real property is depicted in Exhibit "A", consisting of
one (1) page attached hereto and incorporated herein by this reference, which shall be
hereinafter referred to as "the Square"; and
WHEREAS, the City wishes to use the roads, rights -of -way, driveways, and
parking areas in the Square as shown on Exhibit "l3", consisting of one (1) page, attached
hereto and incorporated herein by this reference, for Transfort vehicles;
WHEREAS, Owner wishes to have the City use the roads, rights -of -way,
driveways, and parking areas in the Square for Transfort vehicles; and
WHEREAS, the City wishes to continue to provide for use by Transfort
customers, the shelter on the Square that the City previously erected at the Square north
entrance; and
WHEREAS, the parties wish to otherwise define their rights, duties, and
obligations with regard to the use of Transfort vehicles in the Square.
NOW, THEREFORE, in consideration of the mutual promises contained herein,
and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
The term of this Agreement shall be from January 1, 2003, through December 31,
2007, unless terminated in accordance with the terms of this Agreement.
2. During the term of this Agreement, the City shall have the right to have all
Transfort vehicles use all roads, driveways, rights -of -way, shelters, and parking
areas in the Square for all services provided by Transfort. All Transfort
employees shall have the right to use all restroom facilities at the Square.
E'd aaaa'aza'OL6 ap?H-U-1eIa f quofsueul e62:Tl ti0 62 Uer
3. The City shall pay the Owner on or before August 29, 2003, the amount of Eight
Thousand Seven Hundred Fifty-two and no/100 Dollars (8,752.00), as
compensation for the benefits to the City under this Agreement between January
1, 2003 and December 31, 2003. The City shall pay the Owner on or before
January 4, 2004, the amount of Nine Thous _d ne Hundred Ninety and no/100
Dollars ($9,190.00), as compensation for the benefits to the City under t is
Agreement between January 1, 2004 and December 31, 2004. The City shall pay
to the Owner on or before January 4, 2005, the amount of Nine Thousand Six
Hundred Fifty and no/100 Dollars ($9,650.00), as compensation for the benefits to
the City under this Agreement between January 1, 2005 and December 31, 2005.
The City shall pay to the Owner on or before January 4, 2006, the amount of Ten
Thousand One Hundred Thirty-three and no/100 Dollars ($10,133.00), as
compensation for the benefits to the City under this Agreement between January
1, 2006 and December 31, 2006. The City shall pay to the Owner on or before
January 4, 2007, the amount of Ten Thousand Six Hundred Forty and no/100
Dollars ($10,640.00), as compensation for the benefits to the City under this
Agreement between January 1, 2007 and December 31, 2007.
4. Owner shall be responsible for the performance of all maintenance and repair of
all roads, rights -of -way, driveways, and parking areas in the Square, including all
repairs and maintenance necessitated because of their use by Transfort vehicles.
Such maintenance and repair shall also include snow removal. The City further
agrees that if the entryway and resurfaced areas of the Square Shopping Center
from Monroe Drive to JFK Parkway, as indicated on exhibit "B", requires repair
or replacement that the City shall reimburse the Owner for the reasonable costs of
such repairs and/or replacement.
5. The City shall have the right to keep existing standing signage pertaining to
Transfort operations and services in those areas of the Square used by Transfort
vehicles, or erect new or additional standing signage with Owner's prior
permission. The signage, along with the shelter and fence previously constructed
on the Square by the City under the terms of the previous Use Agreement between
the City and Francis Carrington Investment, dated November 7, 1992, shall
remain the property of the City and shall be maintained and repaired by the City
at its expense.
6. The City agrees to cooperate with the Owner in order to minimize the interference
of Transfort vehicles with the Owner's use of the Square.
7. Either party may, in its sole discretion, terminate this Agreement by providing the
other party with at least ninety (90) days prior written notice of said termination.
8. Either party may terminate this Agreement in the event of default by the other
party, provided that written notice of such default is provided to the defaulting
party and the defaulting party fails to cure such default within thirty (30) days of
notice thereof.
2
E'd Z222122210G6 apTm-d-ieIO t iuoisueul e06:11 ti0 62 Uer