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HomeMy WebLinkAbout8218RESOLUTION NO. 8218 • RESOLUTION APPROVING A LEASE BETWEEN PUEBLO, • MUNICIPAL CORPORATION AND H. W. HOUSTON CONSTRUCTION COMPANY RELATING TO A CONSTRUCTION STAGING AND STORAGE SITE FOR RENOVATION TO THE QUALMED BUILDING LOCATED AT 4TH AND COURT STREETS, PUEBLO, COLORADO BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Lease dated August 10, 1997 between Pueblo, a Municipal Corporation and H. W. Houston Construction Company relating to a construction staging and storage site for renovation to the QualMed building located at 4th and Court Streets, Pueblo, Colorado, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute and deliver the Lease in the name of the City. ATTEST: I-- - (�� Lx�,� - 2 City Clerlb INTRODUCED: August 25, 1997 By Al Gurule Councilperson APPROVED: &a,, '�i 4'., President of th ity Cduncil LEASE THIS LEASE entered into as of the 10th day of August, 1997, by and between Pueblo, a Municipal Corporation (herein Lessor) and H. W. Houston Construction Company, a Colorado corporation (herein Lessee), WITNESSETH: Lessor hereby leases to Lessee and Lessee leases from Lessor upon the terms and conditions herein set forth the following real property owned by Lessor and located at 3rd and Court Streets, Pueblo, Colorado (the "leased premises "); to -wit: Lots 9, 10, 11 and the westerly 13.6 feet of Lot 12, Block 33, in that part of the present City of Pueblo which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the Probate Judge of Pueblo County, in March 1869 except and excluding (i) the easterly row of City parking spaces located thereon adjacent to the parking area of Pueblo Economic Development Corporation, (ii) the approximately 61' by 50' portion of land located in the northwesterly portion of Lots 9 and 10 upon which a standby electrical generating facility is proposed to be constructed, and (iii) that portion of the leased premises upon which WestPlains Energy proposes to relocate transformers; provided, that (ii) and (iii) above will be included as part of the leased premises hereunder until needed for the above described purposes. 1. The term of this Lease shall be from August 10, 1997 to January 10, 1998, unless sooner terminated as herein provided. Lessee shall have the right to extend the term of this Lease upon the same covenants and conditions (except the right to extend) for two (2) consecutive thirty (30) day periods upon giving to Lessor written notice to extend prior to the expiration of the original term or the first extended term, whichever the case may be. 2. The leased premises shall be used and occupied by Lessee for construction staging and storage purposes in conjunction with the renovation and enlargement of the building formerly known as the Rocky Mountain Bank Note Building, 4th and Court Streets, Pueblo, Colorado. 3. Lessee acknowledges that the leased premises is suitable for parking and consists of fifty (50) City parking spaces which the City leases on a month -to -month basis for $25.00 per space per month. Lessee shall pay monthly rent to City in the sum of $1,250 per month commencing August 10, 1997 and on the 10th day of each month thereafter during the term of this Lease, monthly rent per month shall be paid in advance, without notice, demand, deduction, setoff or counterclaim at the offices of Lessor's Department of Finance. 4. Lessee shall not assign this Lease nor sublease any portion of the leased premises. 5. Lessee shall maintain and keep the leased premises, all improvements thereon, and pavement, sidewalks, curbs, and parking areas adjacent thereto in good order, repair and condition, and upon termination of this Lease, return same to Lessor in good order, repair and condition. Lessee shall not commit or permit waste upon nor permit or cause the discharge of hazardous materials upon, nor permit or cause any environmental injury or damage to the leased premises. Lessee shall pay all utilities used on the leased premises during the effective term of this Lease and all taxes, if any, assessed against the Lessee or the leased premises arising out of Lessee's use of the leased premises or this Lease. G. Lessee shall fence the exterior boundaries of the leased premises, use the leased premises, and conduct all its activities thereon in full compliance with all applicable laws, ordinances, rules and regulations including, without limitation, air pollution and environmental laws and regulations. 7. If Lessee shall fail to perform the covenants and conditions on its part to be performed hereunder, Lessor may terminate this Lease upon 30 days prior written notice. 8. Lessee is familiar with and has inspected the leased premises. Lessee shall not hold nor attempt to hold Lessor liable for any claim, damages, loss, or injury to persons or property on the leased premises for any cause or reason including without limitation the condition of the leased premises or any part thereof, environmentally or otherwise. 9. All personal property and equipment owned by Lessee located on the leased premises (including the fence) will be removed from the leased premises by Lessee upon termination hereof and lessee shall repair any and all damage to the leased premises. Lessor assumes no liability relating to such property and equipment, all risk of loss or damage thereto remains with the Lessee. 10. As to Lessor, Lessee assumes all liability for any injury or damage to persons or property while on the leased premises or arising out of activities conducted thereon, and Lessee shall indemnify and save harmless lessor from all claims, demands, costs and expenses (including reasonable attorney Fees) made against or incurred or suffered by Lessor resulting from or arising, directly or indirectly, out of (his Lease, Lessee's performance or non - performance hereunder, or acts or omissions of Lessee, its officers, agents, employees, contractors and subcontractors. Lessee shall maintain commercial general liability insurance in amounts not less than $1 million single limits including contractual coverage naming Lessor as an additional insured. 10. Notice shall be deemed delivered if mailed by first class mail, postage prepaid, to: Lessor, in care of the City Manager, 1 City hall Place, Pueblo, Colorado, 81003 Lessee at 210 South Victoria, Pueblo, Colorado, 81003. IL This Lease shall be binding upon and inure to the benefit of Lessor and Lessee and their respective successors. Executed at Pueblo, Colorado the day and year first above written. PUEBLO, a MUNICIPAL CORPORATION II. W. HOUSTON By PeCity �NSTRUC'f ION COMPANY President of ' uncil By re dent 11PAS