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HomeMy WebLinkAbout09960RESOLUTION NO. 9960 A RESOLUTION GRANTING THE CITY OF PUEBLO'S CONSENT TO AN AGREEMENT BETVVEEN ROCKY MOUNTAIN SER AND THE SENIOR RESOURCE DEVELOPMENT AGENCY (SRDA) FOR OFFICE SPACE LOCATED IN THE JOSEPH HALE EDWARDS SENIOR CITIZEN CENTER BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: The City of Pueblo does hereby consent to the agreement between Rocky Mountain SER and the Senior Resource Development Agency (SRDA), a copy of which is attached and has been approved by the City Attorney. INTRODUCED September 22, 2003 BY Al Gurule/CouncilPerson APPROVED: Bill Sova/President of City Council ATTEST: Gina Dutcher/City Clerk AGREEMENT Rocky Mountain SER (SER) desires to maintain an office location in the Joseph Hale Edwards Senior Citizen's Center building in Pueblo, Colorado. Senior Resource Development Agency - Pueblo, Inc., (SRDA) leases the Joseph Hale Edwards Senior Citizen's Center building from the City of Pueblo (City). The City has consented to allow SRDA to lease to SER two office cubicle spaces pursuant to the terms of this agreement. THEREFORE, the parties have agreed as follows: 1. PARTIES. The parties to this agreement are Rocky Mountain SER (hereinafter called "SER") and the Senior Resource Development Agency - Pueblo, Inc., (hereinafter called "SRDA). 2. TERM OF LEASE. The initial term of this agreement shall be from July 1, 2003 through June 30, 2004. At the option of SER and with the consent of SRDA, SER may renew this agreement for subsequent one-year terms, but in no event, longer than two (2) subsequent one-year terms without the written consent of City. In the event that SER desires to renew this agreement for an additional one-year term, it shall so advise SRDA in writing not less than 30 days prior to the end of the initial term or a subsequently renewed term. 3. LEASED SPACE. The space to be leased shall be two office cubicle spaces on the 3rd floor of the Joseph Hale Edwards Senior Citizen's Center located at 230 North Union, Pueblo, Colorado. The square footage for the initial term of this agreement shall be 216 square feet. The square footage for subsequent renewal terms may be adjusted by mutual consent of SRDA and SER. This agreement and SER's use of the leased space is subject to the terms and conditions of the April 14, 1995 Lease Agreement between SRDA and City. COMPENSATION FROM SER FOR SRDA A. Monthly Payments. SER agrees to pay $2376 compensation for the initial term, in monthly payments of $198.0.0 per month. B. Use Fees. SER shall pay to SRDA a monthly fee for the following expenses incurred by SRDA as a result of this agreement: 1. Phone: $50.00 per month plus actual long distance charges incurred; Agreement, Page 1 of 5 pages 2. Utilities: monthly, the actual pro-rata utility charge, calculated as 216 square feet divided by the square footage of the Joseph Hale Edwards Senior Citizen's Center building (23,822 square feet) multiplied by the total gas, water and electricity utility costs for the Joseph Hale Edwards Senior Citizen's Center building for the month; 3. Maintenance: monthly, the actual pro-rata amount, calculated as 216 square feet divided by the square footage of the Joseph Hale Edwards Senior Citizen's Center building (23,822 square feet) multiplied by the total building maintenance costs for the Joseph Hale Edwards Senior Citizen's Center building for the month; 4. Equipment maintenance: actual cost of equipment repairs; 5. Copy charges: $0.07 per copy for copies made on SRDA copy machines; and, 6. Postage: actual postage used and provided by SRDA postage machines or stamps, including actual FedEx, UPS or other special delivery costs charged to SRDA by or for the benefit or SER. Not later than the l0th day of each month, SRDA shall provide to SERa statement showing the amount of each user fee for the previous period. Not later than the 20th day of each month, SER shall pay to SRDA the amount shown on said statement. The parties acknowledge that the initial statement may not show all costs for the preceding period due to the time some fee bases become known to SRDA. SER agrees to pay such fees within 10 days of receipt of the statement for said fees. The parties acknowledge that all user fees may not be known at the time SER vacates the leased premises. Following termination and notwithstanding its having vacated the leased space, SER agrees to pay all fees billed as a result of its use of the leased space, which fees were not known or calculable by SRDA prior to the vacating of the leased space by SER). 5. USE OF SPACE. Subject to the other terms herein, SER and its employees and officers shall have the right to use the leased space for its own purposes to the exclusion of all others, with the exception of normal maintenance and repair activities by SRDA or the City. SER: shall use the office cubicles in a careful, safe and proper manner; shall not allow any waste or nuisance in the building; and, shall not use or allow the leased office cubicles to be used for any improper, unlawful, immoral or objectionable manner or in any manner which obstructs the rights or permitted use of other occupants of the building. Notwithstanding the foregoing, the use and occupancy of the leased space is limited and restricted to activities which benefit the elderly citizens of the City of Pueblo. Elderly citizens are citizens of the City or Pueblo who are 55 years of age or older. 6. QUIET ENJOYMENT. Subject to the terms and conditions in this Agreement, SER shall have and peacefully hold and enjoy the leased office cubicles, provided that all its obligations herein set forth are performed. 7. ACCESS. SER, its employees and officers shall have access to the building and its office cubicles during normal working hours, which are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays or Agreement, Page 2 of 5 pages other times the building is closed by SRDA or the City. 8. HOLD HARMLESS AND INDEMNIFICATION. Neither SRDA nor the City shall be liable for any damage or injury to SER, or any other person, or to any property, occurring on the premises or any part thereof, unless such damage is the proximate result of the intentional or unlawful acts of SRDA or the City or the agents of SRDA or the City. SER hereby indemnifies and agrees to hold harmless SRDA and the City from any claims, actions, demands, and/or damages occurring on or about the premises or arising under possession by SER of the premises except for those claims arising from the intentional acts of SRDA or the City or the agents of SRDA or the City. 9. INSURANCE. SER represents and acknowledges that it is responsible for providing insurance coverage on all its personal property and agrees to hold harmless SRDA and the City for any loss or damage to said personal property. 10. TERMINATION OF LEASE. This agreement shall terminate upon the earliest of the following events: (a) the end of the initial or any properly renewed subsequent renewal term; (2) the violation by SER of any provision, obligation or covenant expressed herein; or, (c) the temfination of the lease fi'om the City of Pueblo to SRDA. 11. ASSIGNMENT AND SUBLEASE. Assignment of this lease or sublease of the leased space shall not be allowed without the express written permission of SRDA and the City, which permission may be denied for any reason, including an arbitrary reason. 12. COMPLIANCE WITH LAWS. SER shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may be hereinaRer in force pertaining to the use of the premises. 13. SEVERAB1LITY. If any clause of this Lease shall be determined to be invalid in any court of law, the rest of the lease shall stand and shall be unaffected by such decision. 14. DEFINITIONS. All words shall be given their ordinary meanings unless the context clearly otherwise requires. The masculine includes the feminine and the neuter includes the masculine, feminine and neuter. Singular includes the plural. Captions are to be used as finding aids only and are not to affect the interpretation of this agreement. 15. BINDING EFFECT. When executed by both parties, this shall be a binding agreement for the lease of real property and shall be binding and effective upon the parties, their respective heirs, personal representatives, successors and subject to the limitations of paragraph 11, assigns. 16. COMPLETE AGREEMENT. This written agreement sets forth the complete agreement between the parties. There are no other representations or provisions of this agreement either oral or written. This agreement may be modified only by a writing signed by the party adversely affected by Agreement, Page 3 of 5 pages this modification and consented to by City. 17. COUNTERPARTS. For the convenience of the parties, this agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 18. MISCELLANEOUS. The pronouns of any gender shall include the other genders and either the singular or the plural shall include the other. This agreement shall be construed and interpreted according to the laws of the State of Colorado. Venue for any action arising under this Agreement shall be Pueblo County, Colorado and the Court shall award the prevailing part, its costs and expenses, including reasonable attorney fees. IN WITNESS WHEREOF, the parties hereunto have set their respective hands and seals to this instrument this 14 dayof October, 2002 ROCKY MOUNTAIN SER BY: President State of Colorado) ) ss County of Pueblo) The foregoing instrument was acknowledged before me this ! q day of ~h.c~r{e5 'Ua -~ o- , as President of Rocky Mountain SER. Witness my hand and seal. My commission expires: q Notary Publi~ / SENIOR RESOURCE DEVELOPMENT AGENCY, PUEBLO, INC. Agreement, Page 4 of 5 pages ~/ ,2003, by State of Colorado) ) ss County of Pueblo) The foregoing i.n~tmment Inc. was acknowledged before me this ~.~ .day of_,~t?~--., 2003, by , as President of Senior Resource Developmen~' Agency - Pueblo, Witness my hand and seal. My commission expires: D~! CONSENT The City of Pueblo consents to the foregoing Agreement. T IO N President of t"hT~City Council State of Colorado) ) ss County of Pueblo) The foregoing instrument was acknowledged before me this o~B cd.day of~ 3~2~:t:~ZF_~ 2003, by Bi 11 Sova , as President of the City Council of the City of Pueblo, a Municipal corporation. Witness my hand and seal. My commission expires: ~/o~/o~0-? --~'"~ ~ /"') ~ Nott~/y Public / Agreement, Page 5 of 5 pages