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HomeMy WebLinkAbout8089RESOLUTION NO. 8089 A RESOLUTION APPROVING A GRAZING LEASE BETWEEN RICHARD L. FELLION AS LESSEE AND THE CITY OF PUEBLO AS LESSOR RELATING TO 0.9 ACRES AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO that: SECTION 1 The Grazing Lease between Richard L. Fellion, 308 Kenwood Drive, Pueblo, Colorado as lessee and the City of Pueblo, a Municipal corporation, as lessor dated April 1, 1997 relating to approximately 0.9 acres, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is hereby authorized and directed to execute the same for and on behalf of the City of Pueblo and the City Clerk is directed to attest same and affix the seal of the City hereto. INTRODUCED March 24, 1997 BY Charles Jones Councilperson APPROVED: &a&., '�;- ' �- Presi ent o Council ATTEST: Cit lerk GRAZING LEASE THIS LEASE, dated April 1, 1997 is between City of Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003 the lessor, and Richard L. Fellion, 308 Kenwood Drive, Pueblo, Colorado, 81004 , the lessee. In consideration of the payment of the rent herein reserved and the keeping and perforniance of the covenants and agreements by the lessee as set forth herein, the lessor hereby leases unto the lessee for grazing purposes, the following described property situated in the County of Pueblo and State of Colorado: The south 130 feet (south of the north line of Cameron Street extended) of the east 1 /2 of the north '/2 of Lot 7, Ormandale, being a re- subdivision of the former subdivision of Ormandale, containing 0.9 acres, more or less. Said premises, with all the appurtenances, are leased to the lessee from the date of July 1, 1997 , until the date of July 1, 2007 , at and for the rental for the full terns of $ 600.00 the said rent to be paid as follows: $60.00 payable in advance on or before July l st of each year during the term of this lease. Lessor shall have the right to terminate this lease at anv time with or without cause upon ninety days notice to lessee. THE LESSEE IN CONSIDERATION OF THE LEASING OF SAID PROPERTY, HEREBY COVENANTS AND AGREES: To pay the rent for said premises as hereinabove provided; To use said premises for grazing and for no other purpose and will not use or permit the same to be used for any unlawful purpose whatsoever; To not sublet said premises or any part thereof or assign this lease without the prior written consent of the lessor; To keep said property, fences and appurtenances in as good condition and repair as the same now are or may be at any time during said term and to not remove or allow any other person to remove from said premises any of the fences or appurtenances thereon and at the expiration of this lease to surrender and deliver up said premises in like good order and condition, loss by fire, inevitable accident, act of God and ordinary wear and tear excepted; To not commit or cause to be committed any waste in, to or upon said premises or any part thereof, To not cut or damage or allow to be cut or damaged any timber or standing trees that may be upon said premises; IT IS ESPECIALLY AGREED BY AND BETWEEN THE PARTIES hereto that in case the property described herein be sold, this lease may be terminated by the lessor, giving to the lessee 3 months written notice of said sale and of the time when such termination is to become effective and if any rent has been paid in advance of the date of such termination, the same is to be refunded; IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the parties aforesaid, that if the rent reserved, or any part thereof, shall be unpaid on the day the same is due, or if the lessee shall default in any of the covenants or agreements contained herein, it shall and may be lawful for the lessor, at the lessor's election, to declare the term ended and to reenter said premises. If at any time said term shall be ended as aforesaid or in any other way, the lessee covenants and agrees to peaceably surrender and deliver up said premises immediately upon the termination of said term, and if lessee shall remain in possession of the premises after the termination thereof, lessee shall be deemed guilty of forcible detainer of said premises under the statute, and shall be subject to eviction and removal. SHOULD ANY PROVISION of this lease violate any federal, state or local law or ordinance, that provision shall be deemed amended to so comply with such law or ordinance, and shall be construed in a manner so as to comply. This lease shall be binding on the parties, their personal representatives, successors and assigns. When used herein, the singular shall include the plural, and the use of any gender shall apply to both genders. It is further agreed that the lessee will indemnify and hold harmless the City, its agents and employees from any and all claims and liability caused by or arising out of the lessee's acts or omissions or lessee's use of the premises; lessee shall keep in force during the term of the lease, comprehensive liability insurance protecting the lessor in the combined single limit amount of $500,000.00; proof of insurance shall be annually submitted to the Department of Finance. PUEBLO, A MUNICIPAL CORPORATION BY / �• PRESIDENT THE "'Y COUNCIL ATTEST: CITY ERK RZ RZHARD L. FELMON, LESSEE