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.
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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.
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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