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HomeMy WebLinkAbout10318RESOLUTION NO. 10318 A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE LEASE AGREEMENT BETWEEN THE SOUTHEASTERN COLORADO HERITAGE CENTER AND THE CITY OF PUEBLO BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment No. 1 to the Lease Agreement between the Southeastern Colorado Heritage Center and the City of Pueblo, 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 hereby authorized to execute and deliver Amendment No. 1 to the Lease Agreement in the name of the City and the City Clerk is authorized and directed to affix the seal of the City thereto and attest same. INTRODUCED February 14. 2005 BY Michael Occhiato Councilperson APPROVED: zz'�'y PR E CITY C IL ATTESTED BY: CITY CLERK &0 - # 1031k MMWL24k)MER� L Background Paper for Proposed RESOLUTION AGENDA ITEM DATE: February 14, 2005 DEPARTMENT: CITY MANAGER'S OFFICE DAVE GALLI, CITY MANAGER TITLE A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE LEASE AGREEMENT BETWEEN THE SOUTHEASTERN COLORADO HERITAGE CENTER AND THE CITY OF PUEBLO ISSUE The Southeastern Colorado Heritage Center currently leases the front portion of the building owned by the City at 201 W "B° Street. The building is used to showcase artifacts and historical periods leading to the development of Pueblo as well as a meeting area. Now the Heritage Center is seeking to amend their lease agreement with the City of Pueblo to include the entire building. Use of the additional space would be used for more displays, more artifacts, and storage. Approval of the amendment to the lease would further the efforts of the Southeastern Colorado Heritage Center. RECOMMENDATION Approval. FINANCIAL IMPACT No changes are anticipated through the expansion of this Amendment to the Lease. AMENDMENT NO. 1 TO LEASE AGREEMENT This Amendment No. 1 to Lease Agreement ( "Amendment No. 1 ") entered into as of Fehri,a 14 , 2005, between the City of Pueblo, a Municipal Corporation (herein "Landlord') and Southeastern Colorado Heritage Center (herein "Tenant "), Witnesseth: Whereas, Landlord and Tenant entered into a Lease Agreement dated February 14, 2000 for the railroad freight station located at the comer of `B" Street and Victoria Avenue, Pueblo, Colorado ( "Lease "), and Whereas, Landlord and Tenant desire to amend certain provisions of the Lease. Now, Therefore, in consideration of the mutual covenants contained herein, Landlord and Tenant agree as follows: 1. The term `Building" set forth in the Lease is hereby modified to mean the entire building shown on the Site Plan, Attachment A to the Lease, including both the Phase A Building and Phase B Building. 2. Paragraph 27. Phase B Building of the Lease is hereby deleted in its entirety. 3. Landlord makes no representation or warranty regarding the present condition of Phase B Building, past uses of the Phase B Building by Landlord or any previous owner or lessee thereof, or compliance with any federal, state or local environmental law, ordinance, regulation or building code. The Phase B Building is leased to and accepted by Tenant in its present condition "AS IS" and "WITH ALL ITS FAULTS." Landlord shall not be responsible for any defects in the Phase B Building or obligated to make any repairs, alternations, improvements or additions to the Phase B Building except as specifically set forth in paragraph 8 of the Lease provided, however, that Landlord shall not be obligated to remodel the Phase B Building. 4. As modified by this Amendment No. 1, the Lease shall remain in full force and effect and be binding upon and inure to the benefit of Landlord and Tenant and their respective successors and approved assigns. Executed at Pueblo, Colorado, the day and year first above written. SOUTHEASTERN COLORADO HER G CENTE B Name: �wtC " -t L . �V m. L Title s - e smh G�~�••� IE NO � Attest: [SEAL] A City QCI—I-rk [SEAI,,] v SyIvlA MOVZF-SCHIf -2-