Loading...
HomeMy WebLinkAbout7956t RESOLUTION NO. 7956 A RESOLUTION APPROVING A LEASE EXTENSION AGREEMENT BETWEEN THE WESTMINSTER UNITED PRESBYTERIAN CHURCH AND PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Lease Extension Agreement dated September 23, 1996, by and between the Westminster United Presbyterian Church, Lessor, and Pueblo, a Municipal Corporation, Lessee, relating to the extension of the Lease Agreement for a parcel of land located in the Southwest corner of church property used for the purpose of public playground, park and similar related recreational facilities, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the Council is hereby authorized to execute said Lease Extension Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. INTRODUCED September 23, 1996 By Samuel Corsentino Councilperson ATTEST: APPROVED: City Clerk Presid t of the City Council LEASE EXTENSION AGREEMENT This Lease Extension Agreement entered into as of September 23, 1996 between Pueblo, a Municipal Corporation ( "Lessee ") and The Westminster United Presbyterian Church, ( "Lessor ") WITNESSETH: Whereas, Lessor and Lessee entered into a Lease Agreement dated October 26, 1970 for the use of Lessor's unimproved real property described therein by Lessee for the purpose of public playground, park, and similar related recreational facilities, a copy of such Lease Agreement is attached hereto and incorporated herein ( "Lease "), and Whereas, Lessor and Lessee desire to extend the term of the Lease, Now therefore, in consideration of the foregoing and mutual covenants contained herein, Lessor and Lessee agree as follows: 1. The term of the Lease is hereby extended upon the same covenants and provisions to December 31, 2016. 2. The Lease as amended by paragraph 1 hereof shall remain in force and effect binding upon and inuring to the benefit of Lessor and Lessee and their respective successors and assigns. Signed at Pueblo, Colorado the day and year first above written. LESSOR LESSEE The Westminster United Pueblo, a Municipal Corporation Presbyter n hurch r{ By B Presid t of the ity Council Title Attest: City CI LEASE AGREEMENT This Lease entered into this 26th day of October , 1970, by mid hotwoon THL WE;TMINISTER UNITED PRESBYTERIAN CHURCH, Lessor, and PUEBLO, a Municipal Corporation, Lessee, WXTNI V.SSI;'PII In consideration of the sum of One Dollar and the cove- nants herein specified, said Lessor hereby leases unto said Lessee the right and privilege to occupy and use the following described real property situate in the County of Pueblo, and State of Colorado: A Parcel of land approximately 500' (E -W) by 170' (N -S) located in the Southwest Corner of the Church property. to be used for the purpose of public playground, park, and similar related recreational facilities,,for a period of twenty (20) years from the date first written above. Lessee agrees to seed in grass and make into a public park and recreation area the above described land and is given the right and privilege of landscaping and erecting such fixtures and facilities and improvements as will be helpful or necessary for playground and recreation purposes; and it is expressly under- stood and agreed that any and all such fixtures and facilities as may be erected by the Lessee may be removed by the Lessee at the termination of this Lease. Such landscaping and improvements and fixtures as may be left on the premises at the termination of this Lease shall become the exclusive property of the Lessor. Lessee shall have the privilege of grading said grounds where required; not, however, to the damage or danger of the remain- ing portion of the area occupied by Lessor, and to otherwise improve the premises. The Lessor assumes no responsibility for the condi- tion of the premises,,and the Lessee expressly agrees to keep the r premises insured at all times during its possession thereof so as to protect the public from any liability which may be incurred by reason of the use or operation of the land and facilities and improvements placed thereon by Lessee. Lessee further covenants and agrees to save and hold harmless the Lessor from all claims or demands arising out of or by reason of such use. Lessee further agrees to pay general taxes, if any, levied against the property herein described during the term of this lease. In event of termination at request of Lessor, Lessor agrees to reimburse Lessee for all improvements installed on property by Lessee. Lessor shall have the right to terminate this lease as to all or any portion of the premises herein leased at any time upon giving 30 days notice of its intent so to do and tendering to the Lessee the cost of all improvements in the area to be terminated. If either party desires to extend this agreement beyond date herein provided as the expiration date, said party shall notify the other party 30 days prior to expiration data of this luunu. IN WITNESS WIILRLOP, the parties hereunto have set their hands and seals as of the day and year first above written., LESSOR: TIIE WESTMINISTER UNITED PRESBYTERIAN CHURCH City 'e c n Municipal Corporation