Loading...
HomeMy WebLinkAbout132367 SQUARE SHOPPING CENTER - CONTRACT - CONTRACT - USE AGREEMENTUse Agreement THIS USE AGREEMENT IS MADE and entered into this 9 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, Otiaier 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 "B", 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: 1. 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. z•d jjo,}suejj e66=oI bo Go o9a 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 tinder 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 Thousand One Hundred Ninety and no/100 Dollars ($9,190.00), as compensation for the benefits to the City under this 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/I00 Dollars ( 569 0 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 perfonnance 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 6-CI Zzzz'ZZZ'OL6 aP?21-ki-IeIII t I_jo,fsuejl e6E=0i 40 LO 08a 9. This Agreement is made for the sole and exclusive benefit of the parties, their successors and assigns, and is not made for the ,benefit of any third party. The parties enter into this Agreement as separate, 'independent entities and shall maintain that status throughout. 10. The parties covenant and agree that they will not assign this Agreement or any interest therein, without the written consent of the other party having first been obtained. 11. This Agreement embodies the entire agreement of the parties. The parties shall not be bound by or be liable for any statement, representation, promise, inducement, or understanding of any kind or nature not set forth herein. No changes, amendments, or modifications of any of the terms or conditions of this Agreement shall be valid unless reduced to writing and executed by both parties. 12. The laws of the State of Colorado shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provisions rendered null and void by operation of law shall not invalidate the remainder of this Agreement to the extent allowed by taw. 13. In the event any of the parties hereto shall default in any of their covenants or obligations herein, and the party not in default commences and prevails in any legal or equitable action against the defaulting party, the defaulting party expressly agrees to pay all reasonable expenses of said litigation, including the nondefaulting party's reasonable attomey's fees. '? 14. All obligations of the City hereunder are expressly contingent upon the annual appropriation of funds sufficient to carry out the same by the City Council of the City. 15. Any notice or other communication given by either party hereto to the other relating to this Agreement shall be hand delivered or sent by registered or certified mail, return receipt requested, addressed to such other party at their respective address as set forth below, and such notice or communication shall be deemed given when so hand delivered or on the third business day after when so mailed: If to the Owner: Darrell L. Knudson, Manager SQUARE SHOPPING CENTER, L.L.C. 3500 South College Avenue Port Collins, CO 80525 �'d aa2a*20210L6 apTa-d-ieIO t gjo,}suejl e0b:01 b0 LO �aQ