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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 2 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 2 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