HomeMy WebLinkAbout09159RESOLUTION NO. 9159
A RESOLUTION APPROVING A GRAZING LEASE BETWEEN WILLIAM L. BROWN AND
MARVIN HAMANN, DVM AS LESSEES AND THE CITY OF PUEBLO AS LESSOR RELATING TO
EIGHTEEN ACRES AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE
SAME:
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO that:
SECTION 1
The Grazing Lease between William L. Brown and Marvin Hamann, DVM as
lessees and the City of Pueblo, a Municipal Corporation, as lessor relating to
approximately 18 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 November 27, 2000
BY Al Gurule
Councilperson
President of Council
ATTEST:
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Background Paper for Proposed
Resolution
AGENDA ITEM #
DATE: November 27, 2000
DEPARTMENT: LICENSE DIVISION
TITLE
WILLIAM L. BROWN AND MARVIN HAMANN, DVM
ISSUE
Grazing Lease
RECOMMENDATION
BACKGROUND
The property included in this grazing lease consists of approximately eighteen acres. The
property is located immediately east of Pueblo Boulevard and north of the Arkansas River
and is adjacent to the River Trail.
Proposals for the five -year lease were opened October 30, 2000 at 10:30 a.m. in the office of
the Purchasing Director. The highest proposal was submitted by William L. Brown and
Marvin Hamann, DVM
FINANCIAL IMPACT
Their proposal for the five -year lease period totalled $3,300.00.
GRAZING LEASE
THIS LEASE, dated December 18, 2000 , is between City of Pueblo,
a Municipal Corporation , the lessor, and
William L. Brown, 2024 West llth Street, Pueblo, Colorado
Marvin Hamann, DVM, 32 MacArthur Road, Pueblo, Colorado the lessees
In consideration of the payment of the rent herein reserved and the keeping and performance 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:
Approximately eighteen (18) acres of land, located east of Pueb Boulevard and
north of the A r k ansas River, reserving to lessor the existing River Trails and
the right to expand, modify, repair, and relocate the River Trails and the
right of ingress and egress over the leased premises for such purposes.
I
Said premises, with all the appurtenances, are leased to the lessee from the date of January 1 2001
until the date of December 31 2005 , at and for the rental for the full term of $ 3,300.00 the said
rent lo be paid as follows: $660.00 payable in advance on or before January 1st of each
year during the term of this lease. Lessor shall have the right to terminate
this lease anytime, with or without cause, upon ninety (90) days prior
notice to lessee.
THE LESSEE INCONSIDERATION 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 andhgld harmless the City,
its agents and employees from any and all claims and liability caused by
arising out of the lessees 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 .$600,000.0
proof of insurance shall be annually submitted to the Department of Finance.
PUE L0, A MUNIC P CORPORATION
BY 1h Z�� ff I��_i IAM V OWN
PRESIDENT 0F Uss orts ' ITY COUN MARVIN HAMANN, DV°Mie'SI — ^�
ATTEST;__ _
(, Y UERK
No. 751. Rev 12 - -88. GRAZOG LEASE Bradford Publishing, 1743 Wazee St.. Denver, CO 80202 — (303) 292 -2500 — 12 -88 t;t'
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