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HomeMy WebLinkAbout10800RESOLUTION NO. 10800 A RESOLUTION APPROVING AMENDMENT NO. 2 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. 2 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. 2 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 the same. BY Randy Thurston Councilperson APPROVED: President of City Council ATTESTED BY: CITY CLERK INTRODUCED August 28, 2006 T 1 � �� L3 Background Paper for Proposed RESOLUTION AGENDA ITEM # 3 DATE: August 28, 2006 DEPARTMENT: OFFICE OF THE CITY MANAGER DAVE GALLI, CITY MANAGER DOUG FITZGERALD, ASSISTANT CITY MANAGER THOMAS MARTINEZ, ASSISTANT CITY MANAGER FOR CONTRACT SERVICES TITLE A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE LEASE AGREEMENT BETWEEN THE SOUTHEASTERN COLORADO HERITAGE CENTER AND THE CITY OF PUEBLO ISSUE The Southeastern Colorado Heritage Center leases the building owned by the City at 201 West "B" Street. The City of Pueblo Municipal Court is relocating its facilities for the next phase of the HARP expansion and is scheduled to move into a portion of the Heritage Center currently used for storage and display. The area to be used for the Municipal Court is outlined in the attached diagram. This amendment No. 2 to the Lease Agreement details responsibilities on the part of the Municipal Court for the use of part of the Heritage Center building. Approval of the resolution. FINANCIAL IMPACT There is no rent involved in the Lease Amendment. The City is remodeling the portion of the building to be used for Municipal Court. AMENDMENT NO. 2 TO LEASE AGREEMENT THIS AMENDMENT NO. 2 ( "Amendment ") entered into as of May 1, 2006 between the City of Pueblo a Municipal Corporation ( "Landlord ") and Southeastern Colorado Heritage Center ( "Tenant "), WITNESSETH: WHEREAS, Landlord and Tenant entered into a Lease Agreement dated February 14, 2000 for the railroad freight station located at the corner of "B" Street and Victoria Avenue, Pueblo, Colorado ( "Building") and Amendment No. I to Lease (herein collectively the "Lease "), and WHEREAS, Landlord desires to use a portion of the Building for municipal purposes and locate its Municipal Court therein, and WHEREAS, Landlord and Tenant desire to amend the Lease to accommodate City's use of the Building. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, Landlord and Tenant agree as follows: 1. City shall have the exclusive right to rent -free use and occupancy of space in the Building marked on Attachment A to this Amendment as B (Municipal Court/Clerk's Office) and B (Court) ("Municipal Court Space ") together with the non - exclusive rent -free use of common space, restroom, exit and entry between B (Municipal Court/Clerk's Office) and B (Court) shown on Attachment A to this Amendment ( "Common Areas "). 2. The term of City's use and occupancy of the Municipal Court Space and Common Areas shall be from May 1, 2006 to the date City actually vacates the Building and no longer uses any portion thereof for municipal purposes. 3. Tenant shall not be liable or responsible for any injury to persons or damage to property occurring in the Municipal Court Space and Common Areas unless caused by the negligent acts or omissions of Tenant, its officers, employees, agents or contractors. Landlord shall at its cost and expense remodel the Municipal Court Space and Common Areas and shall thereafter keep and maintain same in good condition and repair. 4. Landlord shall pay all charges for utility services which are used in or supplied to the Municipal Court Space and the Common Areas. If such utility charges are not separately metered, Landlord and Tenant shall mutually apportion such utility changes among Landlord and Tenant on an equitable basis. 5. Notwithstanding anything in the Lease to the contrary, Landlord shall, subject to annual appropriation of funds therefor, (a) maintain and repair the heating, ventilation and air conditioning systems in the Building, except for maintenance and repairs necessitated by the negligent acts or omissions of Tenant, its officers, employees, agents and contractors, (b) be responsible for exterior landscaping, landscaping sprinkler system, weed mitigation, sidewalk and entry-way snow removal, and exterior trash removal, and (c) be responsible for removal of trash from the Building generated by Landlord's use and occupancy of the Municipal Court Space and Common Areas. 6. As modified by this Amendment No. 2, 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. Colorado Heritage Center Pueblo, a Municipal Corporation B PreAident of the City Council Attest: City Clerk [SEAL] F SOUTHEASTERN COLORADO HERITAGE CENTER RELOCATION OF MUNICIPAL COURT D&RGW FREIGHT STATION PROJECT City of Pueblo, Colorado LEGEND A = Southeastern Colorado Heritage Center B = Municipal Court 00 3