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HomeMy WebLinkAbout08986RESOLUTION NO. 8g86 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO COUNTY, COLORADO RELATING TO THE CO- LOCATION OF THE CITY AND COUNTY HOUSING DEPARTMENTS BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Intergovernmental Agreement dated April 24, 2000 between the City of Pueblo, a Municipal Corporation and Pueblo County, Colorado relating to the co- location of the City and County Housing Departments, 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 City Council is authorized to execute and deliver the Intergovernmental Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. ATTEST: City CI rk INTRODUCED: April 24, 2000 By Rich Golenda Councilperson APPVOVED: ent of the City Council INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT ( "Agreement ") is entered into as of April.: =y 2000, by and between Pueblo, Colorado, a municipal corporation ( "City "), and Pueblo County, Colorado ( "County "). WITNESSETH: WHEREAS, Sections 18(2)(a) and (b) of Article XIV of the Colorado Constitution, and Section 29 -1 -203, C.R.S., authorizes governments to contract and cooperate with one another; and WHEREAS, the City and the County desire to co- locate their respective housing departments at the County owned building currently under construction at 2631 E. 4 Street, Pueblo, Colorado; In consideration of the mutual covenants and agreements herein contained, the City and the County agree as follows: I. USE OF PROPERTY The County owns certain real property located at 2631 E. 4 Street, Pueblo, Colorado, on which the County is constructing a building, parking area, and other improvements (the "Improvements "). The land and improvements are collectively referred to as the "Property "; a portion of which the County desires to lease to the City for use by the City's Housing and Community Development Department. The County hereby lets and demises the following portions the Property to the City for the Lease Term defined below and upon the terms and conditions set forth in this Agreement. Office spaces: Nine (9) 2 nd Floor Administrative Offices, with the following room numbers and dimensions: Room 200 - 12 ft. x 18 ft = 216 sq. ft. Room 201 - 9.5 ft. x 14 ft. = 133 sq. ft. Room 202 -13 ft. x 14 ft. = 182 sq. ft. Room 203 - 13 ft. x 14 ft. = 182 sq. ft. Room 204 - 10 ft x 14 ft. =140 sq. ft. Room 205 - 14 ft. x 10.5 ft. = 147 sq. ft. Room 219 - 12 ft. x 11 ft. = 132 sq. ft Room 224 - 8 ft. x 14 ft. = 112 sq. ft Room 225 - 8 ft. x 14 ft. = 112 sq. ft. -1- The City may use the following common areas, in coordination with the County's use of these areas: Two second floor conference rooms - Room 229 - 14.5 ft. x 15 ft. = 217.5 sq. ft - Room 233 - 14.5 ft. x 15 ft. = 217.5 sq. ft. One first floor Community /Training Room - Room 118 — 36.5 ft. x 20 ft. = 730 sq. ft. All common areas. Designated parking spaces for City vehicles, staff and invitees. II. PAYMENT The City hereby agrees to pay the County TEN DOLLARS ($10.00) ( "Payment "), due and payable upon the termination of this Agreement. The Payment includes payment for the use of that portion of the Property described in Paragraph I above and includes all janitorial service and routine maintenance. The City agrees to pay all of its costs for telephone, data processing and fiber optics. The City agrees to pay its pro rata share of all utilities, including trash removal, water, electric and gas. III. TERM Subject to and upon the terms and conditions set forth herein, this Agreement shall continue in force for a term of TEN (10) years, commencing upon the completion of the improvements on the Property and occupancy by the City, and terminating TEN (10) years from such date. This Agreement may be renewed upon mutual agreement of the parties for two (2) successive five (5) year renewal terms upon giving County written notice of renewal at least ninety (90) days prior to the expiration of the initial term or the first renewal term, whichever the case may be. The parties shall in good faith negotiate such renewals, provided, however, that if the parties after such negotiation shall for any reason be unable to mutually agree as to any such renewal, this Agreement shall terminate at the end of the initial ten (10) year term /or the first renewal term, whichever the case may be. IV. TERMINATION A. This Agreement terminates upon the expiration of the Term as provided in paragraph III above unless sooner terminated by the parties as provided herein. B. The parties understand and agree that renewal of this Agreement, which by its terms may extend beyond the year of execution, is expressly made subject to appropriations of funds for its continuance by the City and County. Each person who is responsible for the preparation of a party's budget shall include in such party's budget sufficient funds to pay such party's respective financial obligations -2- under this Agreement. If the governing body of either party does not budget and appropriate sufficient funds to pay its respective financial obligations under this Agreement by December 31 st of any fiscal year and gives written notice thereof to the other party, this Agreement will be terminated without liability to either party. V. USAGE It is anticipated that during the term of this Agreement that the County shall use that portion of the Property not leased to the City hereunder for the purpose of housing the County's Department of Housing and Human Services. The County will give notice to the City of any change of use of that portion of the Property not leased to the City hereunder prior to any changes in use of the Property. The City will be allowed to provide comments regarding any such changes. However, County retains the right to ultimately determine any change of use of that portion of the Property not leased to the City during the Term of this Agreement. VI. INSURANCE During the Term of this Agreement, the City agrees to provide the following insurance coverage: A. Insurance on the City's personal property located on the Property at the limits and in the amounts of coverage determined to be adequate by the City; and B. Workers' Compensation insurance on all City employees as required by statute through insurance, self - insurance, or an insurance pool; and C. Adequate general liability insurance on the Property to be used by the City under paragraph I above, in the amount normally carried by the City and considering the provisions of the Colorado Governmental Immunity Act. VII. DESTRUCTION OF IMPROVEMENTS A. Termination If the Improvements are totally destroyed by fire or other casualty or if the Improvements are partially destroyed to an extent that constitutes an unreasonable interference in the City's or the County's business operations, as determined by the County, in the County's reasonable discretion, then the City or the County shall have the option of terminating this lease upon written notice to the other party within sixty (60) days after such casualty loss, in which event rent and all other obligations herein shall cease as of the date of such casualty, and either City nor County shall have any further obligations or rights hereunder. -3- B. Restoration In the event of fire or other casualty and the County elects to continue under this Lease as herein above provided, then the County shall restore the Improvements to the same condition as existed prior to such fire or other casualty. The County shall commence restoration of the Improvements as soon as reasonably possible and thereafter proceed to complete such restoration as soon thereafter as is practical. C. Non - Liability Neither the City nor the County shall be liable for any inconvenience or interruption of business of the other party occasioned by fire or other casualty. VIII. FORCE MAJEURE The parties shall not be required to perform any covenant or obligation in this Lease, or be liable in damages to one another if the performance or non - performance of the covenant or obligation is delayed, caused by or prevented by an act of God or force majeure. Act of God and force majeure shall include strikes, lockouts, sit - downs, material or labor restrictions, delays by any municipal, governmental and /or quasi - governmental authority, unusual transportation delays, material or supply shortages or back orders, riots, floods, freezing, wash -outs, explosions, earthquakes, fire, storms, acts of the public enemy, acts of vandals, wars, insurrections, delays by utility suppliers, and any other cause not reasonably within the control of the parties and which by the exercise of due diligence the parties are unable, wholly or in part, to prevent or overcome. IX. MISCELLANEOUS A. This Agreement constitutes the entire agreement between the City and the County with respect to the subject matter hereof, and shall not be amended, altered or modified except by a separate written document signed by the parties hereto. B. The subject headings of the paragraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of the provisions contained therein. C. This Agreement shall be binding on and inure to the benefit of the parties to it. Any delegation or assignment of this Agreement by either party without the prior written consent of the other party shall be void. D. NOTICE All notices or payments required to be made under this Agreement shall be sent to the address set forth below, or at such other address as the parties may specify from time to time by written notice. For purposes of all notices required or permitted hereunder, the following addresses shall be applicable until changed by either party to the other by notice in writing: -4- CITY: CITY OF PUEBLO Attn: City Manager I City Hall Place Pueblo, Colorado 8100' COUNTY: COUNTY OF PUEBLO Attn: Administrative Coordinator Pueblo County Courthouse 215 West 10th Street Pueblo, Colorado 81003 583 -6011 Any notices required or permitted hereunder shall be in writing and shall be sent to the recipient at the address set out above by either (a) personal delivery, or (b) by certified mail return receipt requested postage prepaid. All notices shall be considered effective upon receipt. E. This Agreement shall not inure to the benefit of any third party. Neither this Agreement nor any provision hereof is intended to nor shall it be construed to waive or constitute a waiver by either party of any of the immunities, conditions, or limitations of liability under the Colorado Governmental Immunity Act. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first above written. ATTEST: By: rl , - ( . Clerk to the Board ATTEST: City Cle 6 U:AHH \K\INTERGOVERNMENTAL AGREEMENI' CITY.doc 1 CITY / QF PUEBLO, A M4UNICIPAL COLORATION President of the City Council -5- STATE OF COLORADO, 0 i I V� ss. C County of Pueblo, ) The Board of County Commissioners met in Regular session in its office in Pueblo County, Colorado, on Tuesday the 9th day of May A. D. 1$ 2000 , at 10:00 A.M. o'clock. Present: — John L Kl omp Chairman. " I.nretta Kennedy County Commissioner. " Matt Peel en County Commissioner. Tami Yellico, Asst. Cty. Att. " Ter A Hart County Attorney. " ;ue M. Kova i h I)ep Clerk County Clerk or Deputy. When the following proceedings, among others, were had and done, to -wit: RESOLUTION NO. 00 -135 APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO COUNTY FOR THE LEASE OF COUNTY PROPERTY FOR THE CO- LOCATION OF THE PUEBLO COUNTY DEPARTMENT OF HOUSING AND HUMAN SERVICES AND THE CITY OF PUEBLO, HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT WI IERE AS, the Board of County Commissioners of Pueblo County, Colorado, submitted a ballot question to the registered electors of Pueblo County at the November 1998 general election concerning cooperation between government and efforts to combine government services between the City of Pueblo and Pueblo County; and WHEREAS, by popular opinion the citizens of Pueblo County were in favor of City and County governments moving forward with plans to cooperate and combine government services which would result in greater efficiency and potential long term savings of tax dollars; and WHEREAS, §29 -1 -203, C.R.S. grants governments the authority to "cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting units "; and WHEREAS, the two governments are committed to making advancements toward more efficient management of the business and concerns of the City and County in order to reduce duplication of administrative functions and to foster greater efficiencies in government, and the Board has determined that co- location of the City and County Housing Departments will be a great step forward toward more efficient and cost - effective government; and WHEREAS, the City Council of the City of Pueblo approved said agreement by Resolution No. 8986 at their April 24, 2000, City Council meeting; and WHEREAS, the Board desires to enter into an Intergovernmental Agreement with the City of Pueblo to lease a portion of the building and improvements currently under construction by the County at 2631 E. 4 °i St., Pueblo, Colorado, for the co- location of the City of Pueblo's Housing and Community Development Department with the Pueblo County Department of Housing and Human Services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pueblo County, Colorado, that the Intergovernmental Agreement, dated April 24, 2000, between the City of Pueblo and Pueblo County, leasing a portion of the property located at 2631 E. 4`' St., Pueblo, Colorado, to the City of Pueblo for its Housing and Conununity Development Department, the terms and conditions of which are incorporated herein by this reference, be and hereby is approved, subject to the appropriation of funds for this purpose. STATE OF COLORADO, ss. County of Pueblo, The Board of County Commissioners met in Regular session in its office in Pueblo County, Colorado, on Tuesday the 9th day of May A. D. 1 ' 9 - -2000 , at 10:00 A.M. o'clock. Present: _ Chairman. County Commissioner. " County Commissioner. County Attorney. County Clerk or Deputy. When the following proceedings, among others, were had and done, to -wit: RESOLUTION NO. 00 -135 Continued BE IT FURTHER RESOLVED that the Chairman of the Board be and hereby is authorized to sign said Intergovernmental Agreement. By the following vote on roll -call: \\ PLANETS \CA PILESW \I IH \RES\I If I IGA CO- LOCATION CITY.DOC KLOMP - AYE KENNEDY - AYE PEULEN - AYE