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HomeMy WebLinkAbout10064RESOLUTION NO. 10064 A RESOLUTION APPROVING A LEASE BETWEEN THE BISHOP OF PUEBLO, A CORPORATION SOLE, PUEBLO, COLORADO, AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, PUEBLO, COLORADO RELATING TO A PARCEL OF LAND TO BE USED AS PUBLIC PLAYGROUND, PARK, OR RECREATIONAL FACILITY 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 January 1, 2004, a copy of which is attached hereto and made a part hereof by reference, having been approved as to form by the City Attorney, by and between the Bishop of Pueblo, a Corporation Sole, and Pueblo, a Municipal Corporation, to occupy and use the real property described in said Lease and situated in the City of Pueblo and State of Colorado for the purposes of public playground, park and similar related recreational use for a term of five (5) years, is hereby approved. SECTION 2 The President of the Council is hereby authorized to execute and deliver the Lease in the name of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest same. INTRODUCED February 23, 2004 BY Michael Occhiato Councilperson APPROVED: �! PRESi ENT OF CITY COUNCIL ATTESTED BY: CITY CLERK f ED Background Paper for Proposed RESOLUTION DATE: February 23, 2004 DEPARTMENT: Law Department TITLE AGENDA ITEM # 5 A RESOLUTION APPROVING A LEASE BETWEEN THE BISHOP OF PUEBLO, A CORPORATION SOLE, PUEBLO, COLORADO, AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, PUEBLO, COLORADO RELATING TO A PARCEL OF LAND TO BE USED AS PUBLIC PLAYGROUND, PARK, OR RECREATIONAL FACILITY AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve the Lease? RECOMMENDATION Approve the Lease. BACKGROUND City leases land known as Eastwood Heights Recreation Area from the Diocese for park and recreational use. The Lease will extend such use for five years from January 1, 2004 to December 31, 2008 for $1.00 annual rent and requires the City to pave adjacent St. Anne's Church parking lot. FINANCIAL IMPACT Rent payments of $1.00 per year and cost of paving parking lot. LEASE AGREEMENT THIS LEASE is made effective as of January 1, 2004, between The Bishop of Pueblo, a Corporation Sole (Diocese), and Pueblo, a Municipal Corporation, (City). In consideration of paying rent and keeping and performing the provisions of this Lease, Diocese leases to City the real property (leased premises) located in Pueblo County, Colorado, described as Block 28 in Eastwood, a subdivision of the E' /2 of the SW 1/4 of Sec. 28, T. 20 S., R. 64 W., and a part of the E'' /z of the W. 1/4 of Sec. 33, T. 20 S., R. 64 W., according to the recorded plat of said subdivision filed for record September 15, 1926. This is also known as Eastwood Heights Recreation Area. 1. The term of this lease shall be for five (5) years beginning on January 1, 2004 and ending on December 31, 2008. Either party may terminate this lease for any reason by giving six (6) months written notice of termination. 2. All financial obligations of the City under this lease in any calendar year, including without limitation the financial obligations contained in paragraphs 3, 6 and 8, are contingent upon funds for such purpose being budgeted and appropriated by the City Council of City by December 31 of the prior calendar year. 3. In addition to a one dollar ($1) per year rental payment for the leased premises, City shall provide all labor and materials to pave St. Anne's Church parking lot. Such paving will be completed by June 30, 2004, and will be paved to provide for proper storm water drainage. 4. The leased premises are to be used for public park, playground, or recreational facilities including conducting concessions on a portion of the property. 5. All equipment and fixtures, including without limitation, fences, landscaping, backstops, seats, grandstands, poles and floodlights, which were, are or will be installed upon the leased premises by or through City, shall remain the property of the City and may be removed by City at any time within six (6) months after this lease is terminated, provided, however, that City shall repair at its own expenses damages to the leased premises caused by the removal of such improvements. Except for removal after termination of this lease, no improvements shall be installed or removed without the prior written consent of the Diocese. Consent shall not be unreasonably withheld. 6. For the term of the Lease, the City shall pay all charges for water, sewer and other utilities used on the leased premises, and shall pay all general property taxes and assessments on the leased premises. 7. Notwithstanding any other provision of this Lease to the contrary, no term or condition of this Lease shall be construed or interpreted as a waiver, either expressly or implied, of Page 1 of 3 any of the immunities, rights, benefits or protection provided by law to either party including, if applicable, those provided under the Colorado Governmental Immunity Act Section 24 -10 -101, et seq., C.R.S., as amended or as may be amended (including, without limitation, any amendment to such statute, or under any similar statute which is subsequently enacted). The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of City, or any department, institution, agency, board, official, or employee of City is controlled and limited by the provisions of Section 24 -10 -101 et seq., C.R.S., as amended or as may be amended. 8. City shall obtain and maintain for the leased premises public liability insurance in an amount equal to the maximum amount that may be recovered under the Colorado Governmental Immunity Act as contained in Section 24 -10 -114 C.R.S. or as the same may be amended. Such policy shall name the Diocese as an additional insured. City shall, at Diocese's request, furnish Diocese with copies of all insurance to be maintained by City. 9. If City remains in possession of the leased premises without written agreement after expiration of the term, this Lease shall continue as a month -to -month tenancy upon the same terms and conditions. 10. If City defaults in the performance of any provision of this Lease and such default continues for 30 days after receipt by City of a written notice from Diocese specifying the default, Diocese may terminate this Lease upon 10 days written notice to City. Upon such termination, City will immediately surrender possession of the leased premises to Diocese. 11. All notices required under this Lease shall be deemed to be properly served if delivered in writing personally or sent by certified mail or registered mail with return receipt requested to The Bishop of Pueblo, a Corporation Sole, 1001 N. Grand Avenue, Pueblo, Colorado 81003, or to City at One City Hall Place, Pueblo, Colorado 81003, or to any subsequent address which either party may designate in writing for such purpose. 12. This Lease shall be binding upon and inure to the benefit of Diocese and City and their respective successors and assigns. This Lease shall not be assigned by City in whole or in party without the prior written consent of the Diocese. 13. This Lease contains the entire agreement between the parties and may not be changed except by a written instrument signed by the parties. 14. Nothing in this Lease expressed or implied is intended or shall be construed to confer upon, or to give to, any person other than the City or Diocese any right, remedy or claim under or by reason of this Lease or any covenant, condition or stipulation hereof, and all the covenants, stipulations, promises and agreements in this Lease contained by and on behalf of the City or the Diocese shall be for the sole and exclusive benefit of the City and the Diocese. Page 2 of 3 Executed at Pueblo, Colorado, the date and year first above written. DIOCESE: The Bishop of Pueblo, a Corporation Sole By: %49&. tNf�)� � +Arthur N. Tafoya, Bishop Oueblo CITY: Pueblo, a Municipal Corporation By: Preside of the City Council Approved as to form: City Attorney Page 3 of 3