No preview available
HomeMy WebLinkAbout132367 SQUARE SHOPPING CENTER - CONTRACT - AGREEMENT MISC - 99502561AR/06/2009/TUE 03:53 PM TRANSFRT/➢IAL—A—RIDE FAX No,970 Use Agreement 2162/85�.� P, 0(0.6 y(/}, V -A- FAgC) J �tC.: 2RCIC:(o�73t, Sy2�(4�i�( vt THIS USE AGRREMBNT IS MADE and entored into thus! :November 2007, by and between THE CITY OF FORT COLLINS corporation, (hereinafter referred to as °the City") and the SQUAR2 S140 Poi d CI~NTER L.L,C„ a Colorado ]lmlted liability eonpatiny(hereinafter referred to as "Owner'). WITNESSETH: WI-IMEAS, Owner is the ownor of certaln real property located in the County of Larhnr, Stale of Colorado, which real property is depictod in Bxhiblt "A", consisting of one (1) page attached hereto and incor;poratod herein by this reference, which shall be hereinafter referred to as "the Square"; and I. WHEREAS, Ole City wishes to use the roads,dghts•of way, driveways, and parking areas in the Square as shown on Exhibit"D ", consisting of one (1) page, attached h ereto and inowporatedhereia by Us reference, forTransfort vehicles; WHEREAS, Owner wishes to have the City use theroads, tights•of=way,drivaways, and parking areas in the Square for Transfort vehicles; and WHEREAS, tine City wishes to continue to pl'ovide for use by Dansfoat customers, the shelter on tine Square that the City proviously erected at the Square north enhance; atnd WI-IE1eEAS, the parties wish to otherwise define their rights, duties, and obligations with regard to the use of Transfor t vohicles in the Square, NOW, THBIREk'ORE, fit consideration of the mutual promises contained heroin, and other good end valuable consideration, the receipt and adequacy of which is hereby aoknowledged, the parties agree as follows: I. The term of this Agre©moat shall by from Januaty 1, 2008, through Doeember 31, 2010, unless terminated in accordance with the terms of this Agree tent, JAN/06/2009/TUE 03,53 PM TRANSFRT/DIAL—A—RIDE FAX No,9702216285 P,007 2, 'rraiisfort emptoyeos shall havethe right to use the Public rastzoom facilities at the Square. 3. The City shall pay the Owner onor before January d, 2008, the amount of Fifteen Thous mid Dollars•(,$1•6,000,00); as compensation for tho benefits to the City under this Agroo-ment between January 1,2008 and Deeember 31, 2003. The City shall pay to the Owner on or before Jatruary 4, 2,009, the amount of Fifteen Thousand Seven Hundred Fifly ]Dollars ($15,750,00), as compensation for the benefits to the City underthis Agreement between January 1, 2009 and December 31, 2009. The City shall pay the Owner on or before January 4, 2010, the amount of Sixteen'rhousand .Five 1-1undred Thirty Light Dollars ($16,538,00), as compensation for thebenefits to the City under this Agreolnetlt between January 1,2010 and Deoember 31, 2010. 4, The City shall be losponsibieforrhe tepait', maintenance or replacement ofthe ratainitlg walls as described on Exhibit "A", and since lhese improveaents are fixtures which cannot readily be retr pved fl•om the property,ownors,hip of the same shall reside with the Owner. All other improvemonts, s uch as benches, bicycle reeks and trash reeeptaoles, shall be repaired, maintained and/or replaced Fls necessary by the City, and ownership of the.same shall reside with the City; and in thoevont of tera dilation of this Agreement, file City shall have the tight to roame said Items. The City shall haVe the right to use all of the aforesaid improvements andal-Ilenities at the Square forall services associated with Transfort usage under this Agrearlent, 5. Ownershall be responsible for the repair, malnlmanoe or rpplacenent of the landscaping as described in Exhib ON'. ` he Owner shall also be respoasibio for the p6rfortnence of all maintcnanoo and r•epah' of all roads, dgbtsof' way, driveways, and parking areas Inthe Square, inelurlhigsnow vemovaland all repairs and mallntonanoe necessitated because of their use by Transfort vehicles with the excoptlon of temporary Transfort staging areas established to service Transfortvehicics during periodic repair work. The City furthor agreas that if the entryvrey and'resurfaced areas of the Square Shopping Center as Indicated on exhibit "B" roquireropair or replacement, the City shall rshvbutse the Owner for the reasonable costs of such eepairsaml/or replacement, G, The City shall have the right to keep existing standing signageporlairutrg to'1 ransfort opet'atlom and services in those areas of the Square used byTratrsfort vehicles and to erect new or additional standingsignage with Owner's priorpermission. The signage Previously constructed on the Square by the City under the lei PA of the previous Use Agreement between the City and F rancis Carrington lavestaent, dated November 7, 199Z shall remain the property of the City and shall be maintained and repaired by the City at Its expense. I,'I'he City agrees to cooperate with the Owner in Order to minimize the interferome of Transfort vehicles with the Owner's use of the Square, JAN/06/2009/TUE 03:54 PM TRANSFRT/DIAL—A—RIDE FAX No,9702216285 P,008 8. Either party )nay, in its solo aiseretion, teenhate this Agreement by providing the other party with at toast nipoly (90)days prior written 110111ce o£said termination. 9. Either party may tertnhrate this Agreement in the event of default by the other party, provided that writtah notice ofsuch default is provided to the ciefattlting party and the defaulting patty fails to eure such default within thirty (3 O) days of netlee thereof, 14. '1'hisAgreemont is made for the solo and exclusive benefit of the parfies, their auocossors and assigns, and is not made for the benefit of any third perry, The parties enter Into this Agreement as separate, ladepeadent entitles and shall maintain that states throughout, 11. The parties covenant and agree that they will not assign this Agreement or any Interest theleln, without the written consent of the other party having first been obtained. 12, Th1sNgtocment embodies the entire agreetroent ofthe patties, The parties shall not be bound by or be, liable for any statement, representation, promise, induccalont, or understanding of ally kind or mitlre not set forth herein. No changes, amendments, or modifications of any Df the tatvns or eotttiitions of this Agreement shall be valid unless reduced to writing and executed by both parties. t 3, The laws of the Slate of Colorado shall be applied In the interpretation, execution, and enforcement of this Agreement, Any provisions rendered null and void by operation of Jaw 511311 not Invalidate file rernelnder of this Agreement to the extent allowed by law. 14,111 the event any of the patties hereto shall default Ill nny of the it covenants or obligations herein, and the party not in default commences and prevails in any legal of equifabie action against file defaulting party, the defaulting party expressly agrees to pay all roasotlable oxpenses of said litigation, includlrrg the nondahtilting patty's reasonable attorney ',a foes. I5. Ali obligations of the City hereunder are expressly contingent upon tho annual appropri110011 of funds sufficient to carry out the same by the city Coutloil of the City. 16, Any notice of other conlmuttioation •given by either party hereto to Ole other relating to this Agreement shall be hand delivered or scntby registered or oet'tlfled mall, return reeoipt 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 hated delivered ot• an the thins business day eft l'whetl so mailed; JAN/06/2009/TUE 03:54 PM TRANSFRT/➢IAL—A—RIDE FAX No•9702216285 P. 009 If'to the owner: Dairen 1-1Cnudson, President SQUAI2%SI{OPPING C%+NTBrv, L.L.C. 3500 South College Avenue Port Collins, C0 80525 If to the Clty; Transfort manager CITY OF FORT COLLINS P.O,Box 580 Cort COMM CD 80522-0580 IN WITNESS WI-MJ.kPC)F,this Agreenteat has been executed the day wd year fktst above written, Dot, ATT13ST: Approved form: Doputy Clty Attorney 14 T CITY' OF FORT RT COLLINS, COLORADO A Colorado amnloipal corporation Y Dar1Ti Afteb 'y> gMatiar SQUA;arrell PING CENTER, L.L. `r By: -, Knudson, Manager JAN/06/2009/TUE 03:54 PM TRANSFRT/DIAL—A—RIDE FAX No,9702216285 P,010 STATE OPCOLOR DO) COONTY OF L,ARIML;R) Subs, ibeda ci sworn tobeforernethis J+I aoo'g✓ ,� dayoFDa�euii>er,���3%, byL7an•ell Knudson, asMauagorofSquare Shopping Center, L.L.C. Witness any hand and official seal, 1Viy eonxtnlssiou expires; ; `.�kSbfi�LL-tea ........ ....... ........,...,..._ Not �y Pu a 0