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Home My WebLink About8008RESOLUTION NO. 8008 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO SCHOOL DISTRICT NO. 60 RELATING TO SUNSET AND IRVING PARKS. AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Lease Agreement dated, as of December 23, 1996, by and between Pueblo School District No. 60, Lessor, and Pueblo, A Municipal Corporation, Lessee, relating to the leasing of two parcels of land located adjacent to and near Sunset Park Elementary School and Irving Park School for the purpose of public playground. park and similar 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 Agreement on behalf of Pueblo. A Municipal Corporation, and the City shall affix the seal of the City thereto and attest the same. INTRODUCED: December 23, 1996 BY Samuel Corsentino Councilperson APPROVED: ATTEST: Pre s ent of the Council City Cler)�, t. LEASE THIS LEASE entered into as of December 23, 1996 between Pueblo, a municipal corporation (the "City ") and School District No. 60 In The County of Pueblo and State of Colorado (the "School "), WITNESSETH: WHEREAS, City and School on or about November 22, 1971 entered into two separate Agreements for the purpose of establishing municipal parks and recreational facilities on land owned by School, and WHEREAS, the mutual cooperation of the City and School in establishing and operating such municipal parks and recreational facilities since 1971 has been beneficial to both the City and School, and WHEREAS, City and School are desirous of continuing their mutual cooperative efforts and the municipal parks and recreational facilities established by the November 22, 1971 Agreements in accordance with the terms and provisions of this Lease. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and School agree as follows: 1. School leases to City the real property situated in Pueblo County, Colorado described in the attached Exhibit A, to be used for public parks, playgrounds and outdoor educational facilities (the "Parks ") for a term of five (5) years, expiring December 31, 2001. 2. The plat attached as Exhibit "B" and incorporated herein, generally describes the existing Parks and land leased to City hereunder. 3. School, upon proper request to City's Director of Parks and Recreation, may reserve part of the Parks for exclusive use by School during school days when School is in session and at such reasonable times as is necessary to conduct school activities. 4. City at its expense shall furnish water for, maintain and generally keep the Parks in good order, clean and in such condition that the Parks may be used for the purposes set forth herein. 5. Both parties shall have the right to install at their own expense such playground equipment as is necessary and desirable to accomplish the purposes set forth herein at such locations in the Parks as the parties shall mutually agree. City shall maintain, repair and replace facilities supplied by City and shall maintain facilities placed thereon by School without cost to School. The City's obligation to maintain shall include replacement of City's equipment when damaged beyond repair, repair of driveways and other finished surfaces, grounds maintenance, and removal of trash. It is understood that maintenance includes the maintenance of equipment in a safe condition for the use for which it is intended. Any equipment installed and furnished by City may be removed by City, from time to time, and at the termination of this Lease. 6. School reserves the right to expand the present school structures located on School's real property adjacent to the Parks whenever it deems necessary; and in the event of such expansion, so much of the Parks area as is necessary for expansion shall be removed from this Lease, provided, however, that such expansion shall be upon the Parks area nearest to the present School buildings. School shall always try to work cooperatively with City in keeping the damage or reduction to public recreational use of the Parks area at a minimum. 7. If School shall discontinue the use of either Sunset Park Elementary School or Irving Park Elementary School, School shall notify the City of such fact, and the City shall have the right of first refusal to purchase such school and land at the appraised price of said school and land arrived at by independent appraisers chosen by School. This right of first refusal must be exercised within fifteen (15) days from the date School receives bids on said school and land. Said election to purchase shall be made in writing within the time above specified, and a failure to serve notice on the School within the time specified shall terminate the right of first refusal without further action, time being of the essence. Upon the sale of a school and land by School, such school and land shall be removed from this Lease and this Lease shall terminate with respect thereto. 8. In addition to the termination provision of paragraph 7, either party may terminate this Lease with respect to either Park or both Parks upon giving twelve (12) months prior written notice to the other party. 9. Nothing in this Lease expressed or implied is intended nor shall be construed to confer upon, or give to, any person, firm or corporation other than the City and School any right, remedy or claim under or by reason of this Lease or any covenant or provision hereof, and all the covenants and provisions contained in this Lease shall be for the exclusive benefit of City and School. 10. Neither this Lease nor any term or provision hereof nor any condition created hereby shall be construed or interpreted as a waiver, either expressed or implied, of any of the immunities available to either party, including without limitation, the immunities, rights, benefits or protection provided to either party under the Colorado Governmental Immunity Act ( §24 -10 -101, et. seq. C.R.S., as amended or may be amended, and any other similar statute which may be subsequently adopted). The parties expressly state that they do not intend to waive any such immunity, right, benefit or protection. 11. This Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, provided City may not assign this Lease without the prior written consent of School. 12. This Lease constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior agreements and understandings oral or written including but not limited to the November 22, 1971 Agreements between School and City. -2- 13. No amendment or modification of this Lease shall be effective unless in writing and signed by City and School. 14. Executed in Pueblo, Colorado as of the year and day first above written. [ S E A. L ] PUEBLO, a Municipal Corporation ATTEST: _ By City Cle4 Preside of the City Council SCHOOL DISTRICT NO. 60 IN THE [SEAL] COUNTY OF PUEBLO AND STATE OF COLORADO ATTEST: 1 '� . f ° By ' �-•� .�--- Secretary Title: ,�., I LL -3- EXHIBIT "A" TO LEASE BETWEEN PUEBLO AND SCHOOL DISTRICT NO. 60 1. Sunset Park Elementary School Park Land That portion of Parcel C, Block 20, Sunset Park Eighth Filing, owned by School, but excepting therefrom the following- described portion of said land: Beginning at a stone located at the intersection of the centerline of Rutgers Avenue and University Circle, according to the recorded plat of Sunset Park, 8th Filings thence South 02 52' -39 West and along the centerline of said University Circle a distance of 69.00 feet] thence South 87 07' -21" Last a distance of 40.00 feet to the east property line of University Circle, said point being the true point of beginning; thence continuing South 87•- 07' -21" East a distance of 339.00 feet; thence South 02 52' -39" West a distance of 270.30 feet; thence South 87 07' -21" East a distance of 68.00 feet; thence South 02'- 52' -39" West a distance of 61.14 feet; thence South 38 "- 11' -21" East a distance of 4.65 feet to the North -West property line of University Circle; thence Sally; thence along a curve to tho right and thenco northerly, all being along said property line of University Circle to the true point of beginning. The intent of the above exception is to include all structures and the parking lot of Sunset Park Grade School.. 2. Irving Park Elementary School Park Land All of Irving Park, also known as Irving Place Park, consisting of Block Five (5) and fractional Block Six (6) in Irving Place, an Addition to-the City of Pueblo, according to the recorded plat of said Addition, and fractional Block Twenty -One (21) in Irving Place, Second Filing, and Addition to the City of Pueblo, according to the recorded plat of said Addition, together with the vacated alleys in said Blocks, and together with the vacated portion of Halleck Avenue between the South line of 22nd Street and the North line of 21st Street, excluding all proposed parking lot, school buildings and land west thereof. \N Mu :!c7 ■ 0