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Home My WebLink About03100 PFf ` Apr? 19 7973 Gir t' CLERK PQ CCL RESOLUTION NO. 3100 �EBL oRA� A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO ART GUILD, INC., A COLORADO NON- PROFIT CORPORATION OF PUEBLO, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. - A certain Lease Agreement dated April 23 , 1973, a copy of which is attached hereto and made a part hereof by reference after having been approved as to form by the City Attorney, by and between PUEBLO, A MUNICIPAL CORPORATION, and PUEBLO ART GUILD, INC., a Colorado non- profit corporation of Pueblo,:.. Colorado, relating to the lease of dance hall or pavilion located in the Boat House at Mineral Palace Park, be and the same is hereby approved; subject to the conditions as set forth in said Lease Agreement. SECTION 2. The President of the Council is hereby authorized to execute said Lease Agreemerit on behalf of Pueblo, a Municipal Corporation, and the City Clerk ,shall affix the seal of the City thereto and attest the same. INTRODUCED April 23 , 1973 By HENRY REYES Councilman APPRO , k �� _ ►_`�® President of the Council a` ATTEST Cityk,' t ' 4/11/73 „ LEASE AGREEMENT This Agreement made and entered into this 23r4i o f April 3 1973, by and between the CITY OF PUEBLO, A MUNICIPAL CORPORATION, acting by and through its duly constituted officers, hereinafter referred to as the City, and PUEBLO ART gnu, INC., a Colorado non-profit corporation of Pueblo, Colorado, hereinafter referred to as the Club, WITNESSETH: For, and in consideration of ONE DOLLAR to the City in hand paid, the receipt of which, is hereby acknOwledged, and in the further consideration of the mutual agreements herein contained, the parties have agreed as follows: 1. The City does hereby lease unto the Club, its successors and assigns, for the use, uses and purposes hereinafter stated and until June 30, 1978, the building commonly referred to as the Boat House at Mineral Palace Park, specifically excluding, however, the restrooms on the south side of the building. 2. The premises shall be used for the purpose of an art gallery, including the display of works of art, the conduct of lectures, work shops, laboratories, and similar activities connected with the fine arts, including storage, to which the -public shall be admitted free of charge and without discrimination as to race, creed or political belief. 3. The Club agrees to conduct the operations upon the premises in a proper manner, and to enforce by reasonable rules and regulations good conduct on the part of all contributors, club members and persons patroniz- ing the same, and promises to exclude or reject undesirable persons and to provide proper guards •and facilities for protecting property and persons �n the premises, but the City shall at all times retain police control and ' supervision over saidpremises. 4. The Club agrees to keep the premises free of litter and main- tain in a clean and tidy condition at all times. The City shall maintain insurance on the premises and public liability insurance to protect patrons and the public from any hazards or dangers inherent in the structure itself. The Club agrees to maintain insurance upon all contents, including works of art. -2- 5. - All cost of operations ; be borne by the Club. All cost utilities and maintenance of the building, including janitorial services, shall be borne by the, City. 6. The facilities so provided shall be available for public dis- play of works of art and other activities associated with fine arts, within reasonable limitations as determined by the City Manager or the..Council of the City of Pueblo through its duly authorized 7. At such times as the premises shall be in use and open to the public, the Club agrees to keep a competent person or persons on the pre mis`es in a supervisory or guardian capacity. 8. The Club may use all such space in the structure herein de- mised and shall have the exclusive use hereunder of such space and facilities for the purposes for which it is leased and incidental to such use, except as herein stated. The City reserves the right to use the area hereby de- mised or so much thereof. as may be necessary for a polling place in all general and special elections, for registration for summer recreation pro- grams sponsored by the City and for similar public uses as the occasion may require from time to time. 9. The City shall designate a limited space for parking near the demised premises. 10. No rental fee shall be charged the Club for the use of this structure except as herein stated, but if it shall appear from time to time in the future that City facilities are necessary such as water, special police protection, and/or other additional or special facilities, then pay- ment for such services may be required by the City. 11. It shall be grounds for cancellation by the City if any , of , the following situations shall arise: a) The premises shall be Vacated by the Club and the period of non-use ghali exist for 30 days or longer. b) Failure"of the Club to comply with any of the terms, condi- tions or covenants of this Lease. c) If for any reason the operation conducted on the premises shall fail to conform to the law of the municipality or State -or Federal - government . - 3 12. The City agrees that upon performance of the covenants and agreements on the part of the Club to be performed hereunder, the Club shall peaceably have and enjoy the leased premises and all the rights and privileges thereto appertaining for the term of this lease and any extension thereof. If either party desires to extend this Agreement beyond the date herein stated as the expiration date, said party shall notify the other party in writing 30 days before the expiration date of this Agreement. Length of lease and amount of rental shall be agreed upon at the time of extension. The Club shall have the first right of refusal of any new lease that may be offered by the City. 13. The Club represents that it, by its duly authorized officers and representatives, has inspected Mineral Palace Park, all its premises and facilities, and, particularly, the premises herein demised, and that it ac- cepts the condition of same and fully assumes all risk incident to- the`use thereof by it and its members. The City shall not be liable to the Club or any of its members for any damages or injuries to the property of the Club or persons of its officers, agents, or members which may result from hidden, latent or other dangerous conditions in Mineral Palace Park or the premises herein demised. 14. The Club agrees to indemnify, defend and save the City, its authorized agents, officers., representatives and employees, harmless from and against any and all penalties, liability or loss resulting from claims or. Court action, whether , civil, criminal or in equity, arising directly or indirectly out of acts of the Club, its officers, agents, employees, or ser- vants hereunder. 15. In the event any covenant, condition or provision herein "con - tained is held to be invalid by any Court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way effect any other covenant, condition or provision herein contained. 16. The covenants contained herein and the stipulations and agree- ments of the parties hereto shall extend to and bind the legal representa- tives, successors and assigns of the respective parties hereto; provided, however, that the Club shall not assign, rent for special parties, sublet or transfer the above premises or any part thereof or any interest therein without the written consent of the City first had and obtained. - 4 - IN WITNESS WHEREOF, the parties hereto have caused the same to 'be subscribed by their properly designated officers the. date and. year first above stated. t ' CITY OF_ PUEBLO ATTEST. w►. B - hvv�r __ l .:President`of the Counci t ,y . „„) . titCle�rk APPROVED AS FORM:' , PUEBLO ART GUILD, INC., A COLORADO NON- PROFIT CORPORATION City. At orne c / BY vV t om - ./ %L�-:1. President ATTEST: Secreta , y / • • ■ 5 L , • Pueblo Art Guild Pueblo, Colorado April 6, 1973 City Council of Pueblo, Memorial Hall, Pueblo, Colorado Dear Council Members, In accordance with the provisions of Resolution No. 2321, dated April 26, 1968, the Pueblo Art Guild wishes to extend its lease of the Boat House at Mineral Palace Park. A lease period of five or more years would be satisfactory. We believe we are providing a real service to the community by making facilities available to the people of the City of Pueblo, both to display their art work and to advance themselves in the appreciation and execu- tion of art in its various forms. A continual display of art work is open to the public without charge each week- end during the year with the exception of the coldest winter months. In addition, several judged shows are held during the year to create additional interest both in Pueblo and throughout Southern Colorado. We currently have a membership of over three hundred, many of them belonging solely for the purpose of supporting our organization because they feel we are filling a greatly needed service to this community. We also feel using the Boat House for an Art Gallery lends dignity to this building and gives park visitors an added attraction. For the above- outlined reasons, we believe that renewal of our lease will resolve to our mutual benefit. Sincerely, THE PUEBLO ART GUILD / V / \' VincntRtoo., Pre siccte n-1, 1 1�$4 1 21 Michigan_ rc`'' ' 545 -4433 ,�