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HomeMy WebLinkAbout09855RESOLUTION NO. 9855 A RESOLUTION APPROVING a LEASE BETWEEN THE CITY OF PUEBLO AND PUEBLO ZOOLOGICAL SOCIETY RELATING TO FARM LAND LOCATED AT PUEBLO MOUNTAIN PARK AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Lease dated May 12, 2003 between the City of Pueblo and Pueblo Zoological Society relating to farm land located at Pueblo Mountain park, 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 Lease in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED May 12, 2003 BY Al Gurule APPROVED: President of City Council ATTEST: City Clerk LEASE THIS LEASE entered into as of May 12, 2003 between the City of Pueblo, a municipal corporation, 1 City Hall Place, Pueblo, Colorado, 81003 ("Lessor") and Pueblo Zoological Society, a Colorado nonprofit corporation, 3455 Nuckolls, Pueblo, Colorado, 81005 ("Lessee"), WITNESSETH: 1. Lessor does hereby lease to Lessee and Lessee hereby leases from Lessor subject to the covenants, provisions and conditions herein set forth the land shown and depicted on the attached Exhibit "A," together with all improvements and fences located thereon ("Leased Premises"). 2. The term of this Lease is five (5) years commencing May 12, 2003 and ending May 11, 2008, unless sooner terminated as herein provided. 3. Lessee shall pay to Lessor annual rent of One Dollar ($1.00) commencing on May 12, 2003 and on the 12th day of May of each year thereafter. 4. The Leased Premises shall be used and occupied by Lessee for the purpose of growing hay, alfalfa and other crops ("Crops") for use in conjunction with Lessee's management of the Pueblo Zoo, and for no other purpose whatsoever. 5. Lessee agree as follows: (a) to well and seasonably put in and tend to the Crops; (b) to accept the gates and fences upon the Leased Premises as they now are and to maintain and keep all gates and fences in good condition and repair; (c) to guard the Leased Premises, improvements, and all gates, fences, trees and shrubbery from all damage and not to remove or allow any person to remove from the Leased Premises any fence, gate, trees, shrubbery, or any other improvements of any kind. 6. If Lessee defaults in any provisions of this lease, Lessor may terminate this Lease upon thirty (30) days prior written notice given to Lessee. Lessor and Lessee may terminate this Lease for any reason at any time upon giving to the other party one hundred eighty (180) days prior written notice specifying the date of termination. Upon temfination of this Lease, Lessee shall immediately surrender possession of the Leased Premises to Lessor. 7. Any notices required under this Lease shall be in writing and personally served or sent by certified mail, postage prepaid (a) if to the Lessor: City of Pueblo, I City Hall Place, Pueblo, Colorado, 81003, Attention: City Manager; (b) if to Lessee: Pueblo Zoological Society, 3455 Nuckolls, Pueblo, Colorado, 81005, or to such other place or address as Lessor or Lessee may from time to time designated in a written notice given to the other party. 8. The Leased Premises is leased by Lessor and accepted by Lessee in its present condition "AS IS," "WHERE IS" and "WITH ALL ITS FAULTS." Lessee acknowledges and agrees that Lessor has not made any representation or warrant with respect to the Leased Premises or its condition, environmental or otherwise, or fitness for a particular use. 9. Lessee shall maintain and keep in force at its expenses during the term of this Lease comprehensive general public liability insurance including contractual coverage against claims for personal injury, death or property damage arising out of the use or occupancy of the Leased Premises in amounts not less than those specified in §24-10-114(1)(a) and (b), C.R.S. or as same may be amended. Lessee shall further provide all workers' compensation coverage which is required under law with respect to its employees. 10. Lessee shall indemnify, defend and hold harmless Lessor and its agents, officers and employees from and against all claims, damages, liability, awards and expenses, including costs and reasonable attorney fees incurred as a result of any act or omission by Lessee, its agents, employees, or subcontractors, or arising, directly or indirectly, out of Lessee's use or occupancy of the Leased Premises. 11. This Lease sets forth the entire understanding between Lessor and Lessee and supercedes all prior oral and written understandings and statements with respect to the Leased Premises. No change, modification or amendment of this Lease shall be valid or enforceable unless set forth in writing and signed by both Lessor and Lessee. 12. This Lease shall be governed by the laws of the state of Colorado and shall be binding upon and inure to the benefit of the Lessor and Lessee and their respective successors and assigns, except that Lessee may not assign or sublet any portion of this Lease or the Leased Premises without the prior written consent of Lessor. 13. In the event of any litigation arising out of this Lease, the court shall award to the prevailing party all reasonable costs and expenses including attorney fees. Executed at Pueblo, Colorado as of the day and year firs above written. [SEAL] LESSOR PUEBLO, a Municipal Corporation -2- Attest: City Clerk By: President of the City Council LESSEE PUEBLO ZOOLOGICAL SOCIETY Attest: Secretary By: President -3-