HomeMy WebLinkAbout8211RESOLUTION NO. 8211
A RESOLUTION APPROVING AGREEMENTS INVOLVING
THE LEASE OF OFFICE SPACE TO BE SUBLEASED FROM
THE CITY BY THE STATE OF COLORADO FOR A DATA
ENTRY CENTER
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The following Lease and Sublease, copies of which are attached hereto, having been
approved as to form by the City Attorney, are hereby approved:
(a) Lease between the City as Lessee and The Belmont Villa, a partnership as Lessor for
approximately 6,000 square feet of office space on the second floor of the two -story building located
at 701 Court Street, Pueblo, Colorado.
(b) Sublease of said premises to the State of Colorado for the use and benefit of the
Department of Administration, for a data entry center.
SECTION 2
The President of the City Council is hereby authorized to execute said Lease and Sublease
in the name of and on behalf of the City, and the City Clerk is directed to attest same and affix the
seal of the City thereto.
ATTEST:
City Cl
INTRODUCED August 25 , 1997
By Charles Jones
Councilperson
APPROVED:
President of e Cit Council
- 4m A
SUBLEASE
THIS SUBLEASE made and entered into as of the October 1, 1997, by and between Pueblo, a
Colorado municipal corporation, whose address is 1 City Hall Place, Pueblo, Colorado, for itself and its
assigns, hereinafter called the Sublessor, and the State of Colorado, for the use and benefit of the
Department of Personnel (formally the Department of Administration), hereinafter called the Sublessee,
WITNESSETH:
Sublessor and Sublessee, for themselves and their successors and assigns, in consideration of the
mutual promises herein contained, agree as follows:
1. Sublessor does hereby sublease to sublessee and sublessee does hereby take and hire from
Sublessor 5,859 square feet net usable office space in their present condition located on the
west portion of the second floor (herein Premises) of a two story building located at 701
Court Street, Pueblo, Colorado (herein Building).
2. The term of this sublease shall be ten (10) years from October 1, 1997 to September 30, 2007
subject to exceptions herein provided and Sublessee shall use the leased Premises exclusively
for a data entry center and offices associated therewith.
This sublease and Sublessee's rights hereunder are subject and subordinate to the Lease
Agreement between Sublessor and The Belmont Villa, a partnership, dated October 1, 1997, a
copy of which is attached hereto as Exhibit '--A+' and incorporated herein (herein Lease).
Sublessee agrees to be bound by and to keep and perform all covenants and conditions
contained in the Lease on the part of the Lessee therein to be kept and performed including
reimbursement of Lessor for utilities, but excluding the payment of rent which shall remain
the obligation of Sublessor. This sublease shall terminate simultaneously with the termination
of the Lease.
4. Sublessee shall not assign this sublease in whole or in part and shall not sublet any part of the
Premises without the written consent of Sublessor, which consent will not be unreasonably
withheld.
5. If Sublessee does not maintain a staffing level of at least 45.0 full time equivalent employees
at such data entry center in the Premises after September 1, 1997, Sublessor shall have the
right to terminate this sublease upon ninety (90) days prior written notice to Sublessee
specifying the date of termination.
6. Financial obligations of Sublessee payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted or otherwise made available. In the
event the State legislature by legislative act directs that the State data entry function be
reorganized or restructured, this sublease may be canceled by the Sublessee, or with the
Sublessor's consent, the Premises may be used by another State agency.
7. If Sublessee shall default in the performance of any covenant or agreement on its part to be
performed hereunder, Sublessor shall have the right to terminate this sublease upon 30 days
written notice to Sublessee if Sublessee shall fail to cure or correct such default within 30
days after Sublessor gives written notice to Sublessee specifying such default and demanding
that same be cured or corrected.
8. Sublessee shall keep the Premises in reasonably good repair and condition, shall provide its
own janitorial services, and shall make no alterations thereto without consent of the
Sublessor, which consent will not be unreasonably withheld.
Sublessor shall not be responsible for any defect or change of condition in the Premises or
Building, nor for any damage thereto, nor to any person, nor to goods or equipment contained
therein due to any cause whatsoever except the act or negligence of Sublessor, its officers,
agents and employees. Sublessee will maintain in full force and effect a general liability
insurance policy, naming Sublessor as an additional insured, providing coverage in such
amounts as are mutually agreed upon and protecting from any an all claims, demands, and
actions arising in connection with Sublessee's use of said premises or the use thereof by any
person occupying said Premises during the effective period of this sublease, by reason of the
negligence or carelessness of Sublessee or its agents, or employees. A Certificate verifying
such insurance shall be provided Sublessor along with notices of any cancellation or renewal
thereof. Sublessee insurance requirements may be met and complied with through self -
insurance or participation in a self - insurance program.
10. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be
applied in the interpretation, execution and enforcement of this sublease. Any provision of
this sublease whether or not incorporated herein by reference which provides for arbitration
by any extra judicial body or person or which is otherwise in conflict with said laws, rules
and regulations shall be considered null and void. Nothing contained in any provision
incorporated herein by reference which purports to negate this or any other special provision
in whole or in part shall be valid or enforceable or available in any action at law whether by
way of complaint, defense or otherwise. Any provision rendered null and void by the
operation of this provision will not invalidate the remainder of this sublease to the extent that
the sublease is capable of execution.
11. If the Premises shall be taken by right of eminent domain, in whole or in part, for public
purposes, then this sublease, at the option of either party, shall forthwith cease and terminate.
12. In the event the premises are rendered untenantable or unfit for Sublessee's purposes by fire
or other casualty this sublease will immediately terminate. In the event the Premises are
damaged by fire or other casualty so that there is partial destruction of such premises or such
damage as to render the Premises partially untenantable or partially unfit for Sublessee's
purposes, either party may, within fifteen (15) days of such occurrence, terminate this
sublease by giving written notice to the other party. Such termination shall be effective not
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less than 45 days from the date of mailing of the notice.
13. The signatories hereto aver that they are familiar with 18 -8 -301, et seq., (Bribery and Corrupt
Influences) and 18 -8 -401, et seq., (Abuse of Public Office), C.R.S. 1973, as amended, and
that no violation of such provisions is present.
14. The signatories hereby aver that no State employee has any personal beneficial interest in the
property described herein.
15. This sublease shall not be deemed valid until it shall have been approved by the Controller of
such assistant as he may designate.
16. All notices or communications concerning this sublease by Sublessor shall be addressed to
Andre N. Pettigrew, Executive Director, Department of Personnel, 1525 Sherman Street, 2nd
Floor, Suite 200, Denver, Colorado, 80203, and by Sublessee to City Manager, City of
Pueblo, 1 City Hall Place, Pueblo, Colorado, 81003.
Executed the day and year first above written.
ATTEST:
City Clerk
SUBLESSOR:
PUEBLO, A MUNICIPAL CORPORATION
BY��'L
President of the City Council
SUBLESSEE:
STATE OF COLORADO, acting by
and through Department of Personnel
Roy Romer, Governor
jz f j>e Executive Director
APPROVED
STATE BUILDING DIVISION
By
� r
tti e Director
DIVISION OF ACCOUNTS ND CONTROL
By
S �� /� Contro ler CLIFFO
W. HALL
ATTORNEY GENERAL,
LEASE
THIS LEASE made and entered into October 1, 1997 by and between Pueblo, a Colorado
municipal corporation, for itself and its assigns, hereinafter called the Lessee, and The Belmont Villa (a
partnership), hereinafter called the Lessor. WTTNESSETH:
Lessor and Lessee for themselves and their successors and assigns in consideration of the mutual
promises herein contained agree as follows:
1. The Lessor does hereby lease to Lessee and Lessee does hereby take and hire from Lessor
for a monthly rental of $2,387.55, the following described premises in their present condition:
5,859 square feet of net usable office space on the west portion of the second floor
(herein Premises) of a two -story building located at 701 Court Street, Pueblo,
Colorado (herein Building),
to be used for a data entry center or office space.
2. To have and to hold the Leased Premises with their appurtenances for the term of ten (10)
years beginning October 1, 1997 and ending September 30, 2007.
3. The Lessee shall have the right to sublease the Premises to the Sate of Colorado, however,
Lessee shall not otherwise assign this Lease or sublet the Premises without prior written
consent of Lessor, which consent will not be unreasonably withheld.
4. Lessor shall furnish and supply water, electricity, elevator service, heat, controlled humidity,
and air conditioning.
5. The Lessee shall have the right to make alterations, attach fixtures and erect additions,
structures, or signs, in or upon the Premises (provided such alterations, additions, structures,
or signs shall not be detrimental to or inconsistent with the rights granted to other tenants in
the Building); which fixtures, additions or structures including hexagonal work stations placed
in or upon or attached to the Premises shall be and remain the property of the Lessee and all
or any part thereof may be removed therefrom by the Lessee prior to or within 15 days after
the termination of this lease provided that Lessee shall repair all damages to the Premises
caused by such removal.
6. The Lessor shall maintain the Premises in reasonable repair and tenantable condition during
the continuance of this lease, except in case of damage arising from the act or the negligence
of the Lessee's agents or employees. For the purpose of so maintaining the Premises, the
Lessor reserves the right at reasonable times to enter and inspect the Premises while
accompanied by a representative of Lessee and to make any necessary repairs thereto.
7. Lessor shall during the effective period of this lease procure and keep in force standard fire
and extended insurance on the Building and Premises. If the Premises be destroyed by fire
or other casualty, this lease shall immediately terminate. In case of partial destruction or
damage, so as to render the Premises untenantable, rent shall abate until the Premises again
become tenantable and either party may terminate this Lease by giving written notice to the
other within twenty (20) days after such partial destruction or damage, and if so terminated
no rent shall accrue to the Lessor after such partial destruction or damage.
8. Financial obligations of the Lessee, payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted or otherwise made available, and this
lease is subject to such contingency. Failure of Lessee to so budget, appropriate or otherwise
make such fiords available shall not constitute a Breach by Lessee nor give rise to any claim
or liability against the Lessee. In such event, Lessor's only remedy is to terminate this lease.
9. Lessor warrants and represents that it is the owner of the Premises and that during the term
of this lease Lessor covenants and agrees to warrant and defend Lessee in the quiet and
peaceable enjoyment and possession of the Leased Premises.
10. Lessor will:
a. partition the Premises as needed and paint interior walls.
b. make available and maintain required air conditioning and humidity control for the
computer equipment and heat and air conditioning for the balance of the Premises;
c. install and maintain security lighting in parking lots surrounding the Building;
d. if additional space on the second floor is leased to another tenant, Lessor will provide
mutually acceptable corridor or other access from elevator to the Premises which will be
separated from other lessees. All access to the Premises will be secure from use by
others; and
e. provide and maintain a back door with security entrance into the Premises.
11. Lessor and Lessee do hereby mutually release each other, their agents and employees, from
any liability for loss or damage to each other's property whether or not caused by the
negligence or fault of the other, its agents or employees. This release shall apply only to the
extent that such loss or damage to the other's property is covered by insurance and only if this
release will not affect the right to recover under such insurance.
12. If the Sublease for the Premises between the Lessee and the State of Colorado for the use of
the Premises as a data entry center is terminated for any reason, Lessee shall have the right
to terminate this lease upon sixty (60) days prior written notice to Lessor specifying the date
of termination.
13. Lessee shall reimburse Lessor for utilities, gas and water based on a pro -rata share of utilities
consumed, computed by dividing 5,859 by the total gross square footage of the Building and
multiplying that result by the utility bill after excluding all equipment and service call charges.
Lessee reserves the right to audit utility bills to ensure they are correct and the pro -rata share
computed properly. Such reimbursement shall be paid monthly within ten (10) days after
receipt of statement therefor. All charges for electrical services used or consumed by Lessee
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shall be separately metered and paid by Lessee. Lessee shall furnish and provide its ow
janitorial services for the Premises.
14. Lessor shall be responsible for maintenance of the Building and shall maintain and keep in
reasonably good repair common areas and facilities of the Building including without
limitation plumbing, electrical wiring, heating and air conditioning systems, elevator,
hallways, restroom facilities, employee lounge, sidewalks, Building entrance ways, fire
escapes, and parking areas used in connection with the Building.
15. Lessee and Lessee's sublessee and its employees shall have nonexclusive use in conjunction
with other lessees of the Building and their employees of the following: common areas,
facilities providing access to the Premises, restroom facilities, employee lounge, and parking
areas. Lessor warrants and agrees that the use of parking areas adjacent to and used in
connection with the Building will be limited and restricted to lessees of the building and their
employees.
16. In the event of a breach of this Lease by either party, the non - breaching party may terminate
this Lease if such breach is not corrected within thirty (30) days after written notice of such
breach is given to the breaching party.
17. The monthly rent to be paid by Lessee under paragraph 1 shall be increased by six percent
(6 %) on January 1, 2002.
18. All notices or communications concerning this lease to Lessor shall be addressed to City
Manager, City of Pueblo, 1 City Hall Place, Pueblo, Colorado, 81003 and to Lessee to The
Belmont Villa, P.O. Box , Pueblo, Colorado, 810015
3 31 r
LESSOR:
THE BELMONT VILLA,
A PARTNERSHIP
By
UYA
LESSEE:
PUEBLO, A MUNICIPAL CORPORATION
AI
By Q .
Presi nt of t1fe City Council
Attest:
City Clerk
Approved as to form:
ity ttorney
By
Genera artner
11 STATE of COLORADO CERTIFICATE OF SELF - INSURANCE II
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. It does not
ammend, extend or alter the coverage afforded below.
INSURED
The State of Colorado, its departments, institutions, agencies, boards, officials, employees and authorized volunteers
(except all entities of the University of Colorado).
INSURED (Re: certificate)
Dept. of Personnel
Admin. Services
1525 SHERMAN
DENVER, CO 80203
Attn: Wm. Archambault
SOURCES OF COVERAGE
Cov A... Risk Management
Cov B... CCIA
COVERAGES
Self - insured coverage and limits shown on this certificate are those for which the State accepts responsibility pursuant to
the Governmental Immunity Act (CRS 24 -10 -101, et seq.) and the Risk Management Act (CRS 24 -30 -1501, et seq). Notwithstanding
any requirement, term or condition of any document to which this certificate may be issued or may pertain, the coverage
afforded herein is controlled and limited by the above laws.
COV DESCRIPTION
POLICY NUMBER EFFECTIVE EXPIRE LIMITS
A Self - Insured DRMSIL
Liability Fund
B Worker Compensation DRMCCIA
Continuous
Combined Bodily
Injury /Property
Damage.
$150,000/$600,000
Standard policy,
per Colorado
statute and
executive order.
PROPERTY LEASES......: This certificate does not apply to a lease agreement that does not conform strictly to the
requirements of CRS 24 -30 -1510 (3)e.
ADDITIONAL INSUREDS..: The Colorado constitution prohibits including certificate holders as additional insureds.
INDEMNIFICATION and This certificate applies to such provisions only to the extent permitted by Colorado law;
HOLD HARMLESS clauses: including the Colorado Constitution, the Governmental Immunity Act, and the Risk Management Act.
CANCELLATION
Should any of the above coverage change, the insured State of Colorado will endeavor to mail notice to the certificate
holder named, but failure to mail such notice shall impose no obligation or liability of any kind upon the State.
DESCRIPTION OF OPERATIONS to which this certificate pertains:
Office space at 701 Court Street, Pueblo, from 10/1/97 to 9/30/2007.
CERTIFICATE HOLDER Certificate #: 733
City of Pueblo Issue date: 08/2
1 City Hall Place / �� C /✓
Pueblo, CO ...... ......... .. Attn: AUTHORRESENTATIVE