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HomeMy WebLinkAboutresolution.council.016-92 RESOLUTION NO. Series of 1992 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN SUZANNE AND DAVID KONCHAN AND THE CITY OF ASPEN, COLORADO, FOR THE RESIDENTIAL PROPERTY LOCATED AT 705 CEMETERY LANE, SETTING FORTH THE TERMS AND CONDITIONS FOR SAID LEASE AGREEMENT, AND AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE SAID LEASE AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a lease agreement between Suzanne and David Konchan and the City of Aspen, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that lease agreement between the City of Aspen and Suzanne and David Koncban, a of which is annexed hereto and copy incorporated herein, and does hereby authorize the Mayor and the City Manager of the City of Aspen to execute said lease agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the ~ day of ~ , 1992. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Koch, City Clerk AGREEMENT THIS AGREEMENT made and entered into as of the 1st day of April, 1992, by and between Suzanne and David Konchan (herein- after "Konchan") and the City of Aspen, Colorado, a home rule municipal corporation (hereinafter "City"). RECITALS: 1. The City owns that residential structure located at 705 Cemetery Lane, City of Aspen, County of Pitkin, State of Colora- do. 2. Suzanne Konchan is Co-Director of the Aspen/Pitkin County Planning Department for the City of Aspen and the City Council is desirous of entering into this agreement providing the Konchan family with a residence on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by the parties as follows: 1. Rent. The City hereby agrees to lease to Konchan the residential property at 705 Cemetery Lane at a rent of One Thousand Two Hundred Dollars ($1,200.00) per month, payable in advance on the first day of each month. 2. Term. The term of this lease shall be for a period of one (1) year, commencing April 1, 1992, and terminating March 31, 1993, unless earlier terminated as herein provided. 3. Renewal. Subject to the provisions of Paragraph 15, the term of this Agreement shall automatically renew upon its anniversary date for periods of one year without further action by the parties. 4. Indemnity. Konchan hereby covenants and agrees to indemnify and save harmless the City from all liability, claims, demands and actions of any kind and nature by reason of any and all of Konchan's use of premises, and Konchan shall procure, at her own expense, personal and public liability insurance for the benefit of the City with limits of not less than those specified by Section 24-10-114, C.R.S., as may be amended from time to time, naming City as co-insured. As a condition of occupancy, Konchan shall maintain said coverage in full force and effect during the term of this lease and prior to occupancy shall furnish the city with a copy of such coverage or a certificate evidencing such coverage. All insurance policies maintained pursuant to this lease agreement shall contain the following endorsement: "It is hereby understood and agreed that this insurance policy may not be canceled by the surety nor the intention not to renew be stated by surety until thirty (30) days after receipt by the City, by registered mail, of a written notice of such intention to cancel or not to renew." 5. Maintenance and Repairs. Konchan shall maintain the leased premises in as good a condition and repair as existed at the commencement of the occupancy herein granted and shal'l be responsible to make repairs and/or replace equipment at her own expense which are occasioned by Konchan's (or her family or guests) acts or neglect. Konchan shall not be responsible for structural improvements to the premises, nor shall Konchan be liable to repair or replace heating, electrical, or plumbing fixtures or equipment which may be required or necessary by reason of age or normal wear and operation. 6. Utilities. Konchan shall, at her own expense, provide all utilities upon the premises, including, but not limited to, water, electricity, gas, cable tv, telephone and garbage collec- tion. 7. Use of Premises. Konchan shall use and occupy the premises as a family residence and for no other purpose without the City Council's prior written consent. Further, Konchan shall not keep, use or permit the use of anything prohibited by any policy of fire/casualty insurance covering the premises and shall comply with all requirements of insurers applicable to the premises to keep in force fire/casualty and liability insurance. 8. Assiqnment and Subletting. Konchan shall not assign this agreement or sublet the premises or any part thereof without the prior approval of the City. 9. Surrender of Premises. Upon the termination of this agreement, by expiration of its terms or otherwise, Konchan shall surrender the premises to City in good order and condition, ordinary wear and damage by the elements excepted; and Konchan shall remove all personal property and shall repair any damage to the premises caused by such removat. Any property of Konchan or any one claiming under Konchan, which shall remain upon the premises after termination of this lease shall be deemed to have been abandoned and may be retained by the City as its property or disposed of in such manner as City sees fit. 10. Access To Premises. Duly authorized representatives of the City shall be entitled to enter upon the premises at all reasonable hours for purposes of inspecting the same, preventing waste or loss, or enforcing any of the City's rights hereunder. 1t. Alterations, Additions and Improvements. Prior to the commencing of any work on alterations, additions and improve- ments, all plans and specifications shall be submitted by Konchan to the city Manager for prior written approval. All alterations, additions and improvements on or to the premises that may be erected or installed during the term hereof shall become a part of the premises and the sole property of the City. Any altera- tion, improvement or repair shall be made in a satisfactory and workmanlike manner. Konchan shall not permit any lien or other encumbrance to be filed against the premises in connection therewith, and shall indemnify the City against such liens and encumbrances. 12. Waste and Nuisance Prohibited. Konchan shall not commit, or suffer to be committed, any waste on the premises or any nuisance. 4 13. Notice. Ail notices required.hereunder shall be in writing and shall be deemed to have been given if either delivered personally or mailed by certified or registered mail to City or to Konchan, as the case may be, at their respective addresses as follows or to such other addresses as either party may so notify the other in writing: city: Konchan: City of Aspen Suzanne and David Konchan Attention: City Manager 705 Cemetery Lane 130 South Galena Street Aspen, Colorado 81611 Aspen, Colorado 81611 14. Modifications. This lease may be modified only by written agreement executed by the parties hereto. 15. Termination. Notwithstanding the provisions of Para- graph "2", this agreement shall terminate in the following event: a. This lease and Konchan's right to use the premises as provided in this agreement may be terminated by City upon three (3) months' notice to Konchan prior to the end of the initial term or anniversary date of any renewal term. b. Konchan shall have the right to terminate this agreement upon sixty (60) days' written notice. c. Should Konchan fail to abide by any of the cove- nants, terms or conditions of this agreement, city shall have the right to terminate this lease upon seven (7) days' written notice, if within said period such failure is not remedied or reasonable effort undertaken to remedy the same. 5 16. Non-Waiver. It is further agreed that no assent, expressed or'implied, to any breach of any one or more of the covenants or agreements herein shall be deemed or be taken to be a waiver of any succeeding or other breach. Additionally, it is agreed that if legal action is taken by either party hereto to enforce any of the provisions of this lease, the prevailing party in any legal action shall be entitled to recover from the other all its costs, including reasonable attorney's fees. 17. Limitation. This lease is entered into and Konchan's occupancy of the leased premises is subject to all existing easements and future grants of easement, license or permit as issued by the City of Aspen. CITY OF ASPEN, COLORADO John ~. Bennett, Mayor ATTEST: K~ch, City Clerk S~uza~ne~Kon~ha~n~~ __ David Konchan