Loading...
HomeMy WebLinkAbout08786ORDINANCE NO. 8786 AN ORDINANCE APPROVING AN LEASE AGREEMENT BY AND BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE STATE OF COLORADO, DEPARTMENT OF HUMAN SERVICES FOR THE PREMISES KNOWN AS “LANGONI FIELDS”. BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Lease Agreement by and between the City of Pueblo, a Municipal Corporation, and the State of Colorado, Department of Human Services for the premises known as “Langoni Fields” attached hereto, and having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized and directed to execute said Agreement for and on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Lease Agreement to effectuate the policies and procedures described therein. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED: October 14, 2014 BY: Ed Brown COUNCILPERSON PASSED AND APPROVED: October 27, 2014 City Clerk’s Office Item # R-4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: October 14, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven J. Meier, Director Parks & Recreation SUBJECT: AN ORDINANCE APPROVING AN LEASE AGREEMENT BY AND BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO, DEPARTMENT OF HUMAN SERVICES FOR THE PREMISES KNOWN AS “LANGONI FIELDS” SUMMARY: Attached is an Ordinance for the approval of an intergovernmental agreement between the City of Pueblo and the State of Colorado, Department of Human Services for the lease of Langoni Fields. PREVIOUS COUNCIL ACTION: On May 23, 1988 City Council passed Resolution No. 6203, which approved a Lease Agreement between the City of Pueblo and the State of Colorado, Department of Human Services for the premises known as “Langoni Fields”. BACKGROUND: The term of the Lease Agreement approved by Resolution No. 6203 was from July 1, 1988 until June 30, 2014. On June 18, 2013, the City entered into Amendment No. 1 to the Lease Agreement, which provided for an extension of the lease term until June 30, 2014. The City entered into discussions with the State to enter into another long-term lease for the Langoni Fields. Changes in personnel and personnel responsibilities, and scheduled vacations delayed exchanges of information between the parties. Nonetheless, attached is a new Lease Agreement for a ten (10) year term beginning July 1, 2014 and expiring on June 30, 2023. The proposed lease maintains the current relationship between the parties. FINANCIAL IMPLICATIONS: The State of Colorado has agreed to lease Langoni Fields to the City for $0 rent. The City must continue to maintain the fields and structures on the property. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: City Council may choose not to approve the Lease Agreement in which case, the City will no longer be able to use Langoni Fields for recreational purposes. RECOMMENDATION: The Parks and Recreation Department recommends approval of the Ordinance. Attachments: Lease Agreement by and between the City of Pueblo and State of Colorado, Department of Human Services. a.> STATE OF COLORADO OFFICE OF THE STATE ARCHITECT REAL ESTATE PROGRAMS • STANDARD LEASE AGREEMENT [STATE-OWNED REAL ESTATE] TABLE OF CONTENTS ITEM PAGE 1. PREMISES 1 2. USE OF PREMISES 1 3. PARKING 2 4. LESSOR'S OWNERSHIP 2 5. WORK REQUIREMENTS 2 6. TERM OF LEASE 3 7. RENT 3 8. SERVICES AND GOVERNMENTAL CHARGES 3 9. PAYMENT OF RENT 4 10. SECURITY DEPOSIT 4 11. HOLDING AFTER TERMINATION 4 12. MAINTENANCE AND REPAIRS 5 13. ALTERATIONS TO PREMISES 5 14. INSURANCE 6 15. ASSIGNMENT AND SUBLETTING 6 16. EMINENT DOMAIN 6 17. CASUALTY 7 18. LESSEE'S PERSONAL PROPERTY 7 19. DEFAULT PROVISIONS 8 20. REMEDIES 8 21. ENVIRONMENTAL MATTERS 9 22. APPLICABLE LAW 10 23. TIME FOR PERFORMANCE 10 24. COMPLETE AGREEMENT 10 25. CAPTIONS, CONSTRUCTION, AND BINDING EFFECT 10 26. SEVERABILITY 10 27. NO BENEFICIAL INTEREST 10 28. NOTICE 11 29. LESSOR LIABILITY EXPOSURE 11 30. LESSEE'S INDEMNIFICATION 11 31. ADDITIONAL PROVISIONS 11 32. SIGNATURES 12 • Form-State-Owned Property Lease II Rev.2/2008 LEASE AGREEMENTI5 IHA 70126 [State-Owned Real Estate] THIS LEASE AGREEMENT, made and entered into this �L- day of c4•720/74,by and between THE STATE OF COLORADO, acting by and through theDEPARTMENT OF HUMAN SERVICES, hereinafter referred to as"Lessor", and THE CITY OF PUEBLO,whose address or principal place of business is 200 S. Main Street, Pueblo CO 81003and hereinafter referred to as"Lessee". WITNESSETH: WHEREAS, the Lessor owns certain property herein identified, which Lessee desires to lease according to the terms of the Lease; WHEREAS, authority exists in the Law for the Lessor to lease the property. WHEREAS, the Parties entered into a Lease Agreement dated April 19, 1988 for the lease by Lessee of premises known and described as the N 1/2 of the SE 1/4 of section 23, T20S, R65W in Pueblo County("Premises")for a term beginning July 1, 1988 and ending June 30, 2013, and Amended by that Lease Agreement having CMS Routing Number 14 IHA 57649,for a term beginning July 1, 2013 and ending June 30, 2014, (the"Lease Agreement")attached here as Exhibit A; NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. PREMISES Lessor hereby leases and demises unto Lessee the Premises, hereinafter referred to as"Premises" known and described as the N 1/2 of the SE 1/4 of section 23,T20S, R65W in Pueblo County. 2. USE OF PREMISES A. Lessee agrees that the Premises shall be used and occupied only as Athletic and Recreation Fields_in a careful, safe, and proper manner, and that it will pay on demand for any damage to the Premises caused by the misuse of same by it, its guests, invitees, agents, or employees. B. Lessee shall not use or permit the Premises to be used for any purposes prohibited by the laws, ordinances or regulations of the United States, the State of Colorado or other governmental entity with jurisdiction. C. Lessee shall not use or keep any substance or material in or about the Premises, which may reduce or void the insurance coverage on said building or increase risks associated with the use or occupancy of the Premises, or which may prove offensive or annoying to persons occupying adjacent premises. D. Lessee shall not permit any nuisance in the Premises. Form—State-Owned Property Lease 1 Rev.2/2008 Ny 3. PARKING ® Check applicable provision(s) ® Not Applicable. ❑As part of the monthly Rent, the Lessee shall be provided [number] of designated parking spaces and [number] of general parking spaces for use by Lessee's guests, invitees, agents and employees. Lessor shall provide Lessee a written description and location of the spaces prior to execution of the Lease. ❑ Lessee and Lessee's guests, invitees, agents and employees shall have the privilege to use parking as designated by the Lessor upon payment of normal parking fees to be paid by Lessor or Lessor's employees and acceptance of Lessor's published parking rules and regulations. Lessee agrees that such use shall be at the sole risk of Lessee, Lessee's guests, invitees, agents and employees and Lessor shall not be liable for any injury or damage occasioned by such use. ❑ OTHER: Lessee shall use all reasonable efforts to confine parking to the areas designed by the Lessor and to refrain from interfering with the use of the parking area in the Building by other tenants and their customers, invitees and employees. 4. LESSOR'S OWNERSHIP Lessor warrants and represents itself to be the owner of, or the authorized representative or agent of the owner of, the leased Premises in the form and manner as stated herein, and during the term of this lease covenants and agrees to warrant and defend Lessee in the quiet, peaceable enjoyment and possession of the leased Premises. In the event of any dispute regarding Lessor's ownership, Lessor shall immediately, upon request from and at no cost to Lessee, furnish proof thereof by delivering to Lessee an "Ownership and Encumbrance Letter" issued by a properly qualified title insurance company. 5. WORK REQUIREMENTS ® Check applicable provision ®Not applicable. ❑ Prior to the Premises being occupied by Lessee, Lessor agrees to: All tenant finish alterations in the Premises, now and hereafter undertaken, shall be designed and constructed in accordance with the technical design specifications of the Uniform Federal Accessibility Standards, latest edition. Form—State-Owned Property Lease 2 Rev.2/2008 6. TERM OF LEASE The term of this Lease shall commence on 07101/2014 and end on06/30/2023, unless terminated sooner, as provided herein. 7. RENT Lessee hereby agrees to pay to Lessor Rent went --- - - - - • - - -- - -.-. 9: - , -e- _ '_- -'e 'e- _ _- _• e _-__- _ _ -_- ,for the full term shown below: ANNUALIZED TERM DATE (S) TERM RENT MONTHLY RENT SQ. FOOT COST 07/01/2014-06/30/2023 $1.00 $NA $NA 8. SERVICES AND GOVERNMENTAL CHARGES ® Check applicable provision(s) The Rent paid by Lessee includes the following services and governmental charges: X NONE ❑ Snow removal ❑ Real estate taxes ❑ Telecomm and IT services ❑ Water ❑ Trash collection and removal ❑ Sewer ❑ Landscaping services ❑ Heat ❑ Janitorial services_days/week ❑ Air conditioning ❑ Parking per section 3 LI Natural gas or other fuel ❑ Security ❑ Electricity ❑ Window washing in/outside_times/yr ❑ Elevator service ❑Govt charges or assessments ❑ Storm drainage ❑ Other: ❑ Telephone SERVICES PAID BY LESSEE: If"NONE" is checked [or if a listed service or governmental charge is not checked], the service or governmental charge is not included in the Rent and is to be paid separately by the Lessee. If Lessee is responsible for payment of water, heat, gas, electricity, sewer, and any other governmental charges or assessments (collectively, the"Utilities")which are assessed, imposed, or become a lien upon the Premises or the contents, or become payable during the term of this Lease, Lessee agrees to contract in its own name for the service and promptly pay all charges and assessments. If Lessee is responsible for payment of assessment for storm drainage, Lessee shall pay a fractional portion of assessments in an amount proportional to the percentage of the Premises to the property assessed. Form—State-Owned Property Lease 3 Rev.2/2008 Lessee agrees that Lessor shall not be liable for any loss or damage caused by interruption or failure of utility services serving the Premises. 9. PAYMENT OF RENT this Lease to Lessor at the offices of: [Address} [Address} [City] [State] [Zip Code] _%of the monthly Rent]shall be assessed against Lessee. 10. SECURITY DEPOSIT ® Check applicable provision(s) X THIS LEASE DOES NOT REQUIRE A SECURITY DEPOSIT. ❑ THIS LEASE REQUIRES PAYMENT OF A SECURITY DEPOSIT AS FOLLOWS: Lessee shall, as of the date of this Lease, deposit the sum of$ , the receipt of which is hereby acknowledged, as security for the faithful performance of all terms, conditions, and covenants of this Lease ("Security Deposit"). If Lessee defaults in the performance of any of the provisions of this Lease, Lessor shall have the right, but not the obligation, to use all or a portion of the Security Deposit to remedy any such default. Lessee shall immediately upon request pay to Lessor any and all such expenditures so that Lessor will at all times have the full amount of the Security Deposit as security. Upon the termination of this Lease, Lessee, if not then in default, shall be entitled to the return of the Security Deposit (without interest thereon) or so much thereof as has not been lawfully expended by Lessor. 11. TERMINATION—HOLDING AFTER TERMINATION Upon termination of this Lease, either by lapse of time or otherwise, Lessee shall peaceably surrender the Premises in good condition and repair, except for ordinary wear and tear. Lessee shall remove all personal property upon such termination and shall repair all damage to the Premises caused by such removal. If Lessee shall fail to vacate the Premises upon expiration or sooner termination of this lease and remain in possession of said Premises, without a written agreement as to such possession, then such holding over shall be deemed to be a tenancy from month-to-month ata new rental of one hundred-fifty(150) percent of the rent being paid by Lessee as of the date of expiration or sooner termination pursuant to the Lease. Such possession shall be subject to all the laws of the State of Colorado applicable to such tenancy and subject to all of the other terms and conditions (except any option to renew)contained in this Lease. Form—State-Owned Property Lease 4 Rev.2/2008 12. MAINTENANCE AND REPAIRS A. Lessor's Obligations. Lessee has inspected and accepts the Premises in its present condition and acknowledges that the Premises are tenantable and in good condition. Except as provided in this Lease, Lessor shall have no obligation of any kind to make any expenditures of any nature upon the Premises, including damage arising from an act or the negligence of Lessee, its agents or employees. Lessor shall have the right to enter the Premises at reasonable times for the purpose of making necessary inspections and repairs or maintenance. Unless otherwise agreed in writing to the contrary, Lessor shall maintain the exterior of the building, the roof, the structural components of the building, and building systems in good order and repair, except for damage or injury caused by Lessee or its guests, invitees, agents, or employees, including, without limitation, damage to the heating, plumbing, and electrical systems caused by Lessee's failure to properly operate or provide routine maintenance to the systems, in which case Lessee shall be responsible for all costs of repair or replacement resulting from such action or inaction. B. Lessee's Obligations. Lessee shall, at its sole expense, maintain, repair, and keep the Premises in good order. In addition, Lessee shall be responsible for the routine maintenance of the heating and plumbing systems and replacement of lights and bulbs. If Lessor is not required by this Lease to provide snow removal services, Lessee agrees to remove snow, ice or any other obstructions from the sidewalks around the Premises and from parking areas and agrees to keep the Premises clean and in a sanitary condition as required by any applicable laws, ordinances or regulations. In the event Lessee shall fail to commence any necessary repairs or diligently pursue the completion of any repairs, Lessor, in addition to all other remedies available under this Lease (and without waiving any other remedies) may make the repairs, the cost of which shall become due and payable as additional Rent 30 days after notice to Lessee. Lessee shall not permit, commit, or suffer waste, impairment, or deterioration of the Premises or the improvements thereon or any part thereof, reasonable wear and tear excepted. 13. ALTERATIONS TO PREMISES Lessee shall not make any structural or non-structural changes or alterations to the Premises without the prior written approval of Lessor, which approval may be withheld at the sole and absolute discretion of Lessor. This includes, but is not limited to, any change or alteration which, in the sole discretion of Lessor, impairs the structural soundness or diminishes the value of the building(s) on the Premises; impacts the exterior appearance of the Premises; changes the interior configuration of the Premises; or adversely impacts the functioning of the wiring, plumbing, heating, air conditioning, sewer, or other similar systems. Such approval by Lessor shall commonly require that When performing approved changes or alterations, Lessee shall: (1) procure all required municipal and other governmental permits; (2) perform all work in a good and workmanlike manner and in compliance with all building and zoning laws, including Colorado State Buildings design and code requirements; (3) provide adequate insurance; and (4) provide indemnification against mechanics' liens. Lessee shall not erect nor install any exterior or interior window or door signs or advertising media or window or door lettering or placards on any portion of the Premises without the prior written consent of Lessor. Lessee agrees not to use any advertising media that shall be deemed objectionable in the reasonable opinion of Lessor, including, without limitation, loudspeakers that can be heard outside the Premises. Lessee shall not install any exterior lighting or plumbing fixtures, shades, or awnings, or any exterior decorations or painting, or build any fences or make any changes to the outside of the Premises without the prior written consent of Lessor. All alterations, additions, improvements, and fixtures that may Form—State-Owned Property Lease 5 Rev.2/2008 . be made or installed by either of the parties hereto upon the Premises or improvements thereon and which in any manner are attached to the floors, walls or ceilings shall be the property of Lessor and at the termination of this Lease shall remain upon and be surrendered with the Premises as a part thereof. 14. INSURANCE Lessee shall at its sole cost and expense, during the entire term hereof, carry and maintain the following insurance written as primary policies, exclusive of any coverage Lessor may carry and in the amounts specified below, or at such other amounts as Lessor shall, from time to time, reasonably request, with insurance companies and in a form satisfactory to Lessor: A. Public liability and property damage liability insurance with a combined single occurrence limit of not less than $1,000,000 and shall include contractual liability insurance applicable to Lessee's obligations hereunder. B. Fire and extended coverage insurance covering all of Lessee's equipment, trade fixtures, appliances, furniture, furnishings, and personal property from time to time in, on, or upon the Premises in an amount not less than the full replacement cost without deduction for depreciation. C. The liability insurance referred to hereinbefore shall name Lessor as an additional insured. D. A copy of every policy or certificate of insurance pertaining to this provision shall be delivered to Lessor within thirty (30) days of the execution of this Lease. Such insurance shall not be cancelable without thirty(30) days' prior written notice thereof to Lessor and shall permit Lessee to waive its rights of subrogation, which, by execution of this Lease, Lessee hereby waives. 15. ASSIGNMENT AND SUBLETTING Neither this Lease nor any interest herein may be assigned by Lessee, voluntarily or involuntarily, by operation of law or otherwise. In addition, Lessee agrees that it will not sublet the Premises, or any part thereof, or any interest therein, without the prior written consent of Lessor, which consent shall not be unreasonably withheld. No assignment or subletting shall release Lessee from any responsibility or liability hereunder. Any subletting or assignment in violation of this Section shall be null and void. 16. EMINENT DOMAIN A. Complete Taking. If the whole or substantially all of the Premises shall be taken as a result of the exercise of the power of eminent domain, this Lease shall terminate as of the date of vesting of title of the Premises or delivery of possession, whichever event shall first occur, pursuant to such proceeding. For the purpose of this Section, "substantially all of the Premises" shall be deemed to have been taken if a taking under any such proceeding shall involve such an area that Lessee cannot reasonably operate in the remainder of the Premises the business being conducted on the Premises at the time of such proceeding. B. Partial Taking. If less than substantially all of the Premises shall be taken by eminent domain, Lessor has the option to either(1) terminate this Lease by written notice, or(2) reduce the Rent thereafter due and payable by Lessee in such proportion as the nature, value, and extent of the part so taken bears to the whole of the Premises. If Lessor chooses the rent reduction option, then Lessor shall, from the proceeds of the condemnation, restore the Premises for the use of Lessee. If the proceeds of the condemnation are not sufficient to properly restore the Premises, then Lessee shall pay any deficiency between the condemnation proceeds and the restoration costs. Form—State-Owned Property Lease 6 Rev.2/2008 C. Award. Any award granted for either partial or complete taking regarding the Premises shall be the exclusive property of Lessor. Notwithstanding the foregoing, should the Lease survive a partial taking, nothing herein shall preclude Lessee from pursuing its separate award. 17. CASUALTY If the Premises are materially damaged, as determined by Lessor, in its sole judgment, by an act of God, fire, or other catastrophe, then Lessor may terminate this Lease from the date of the occurrence of such damage. If Lessor terminates the Lease, then Lessee shall surrender the Premises and all interest therein, and Lessor may re-enter and take possession of the Premises and remove Lessee therefrom. Lessee shall pay Rent, duly apportioned, up to the time of such termination of this Lease. Lessor may, however, in the alternative, elect not to terminate this Lease, in which case it shall repair the damage so done with all reasonable speed, and the Rent shall be abated on a pro rata basis only for the period during which Lessee shall be deprived of the use some or all of the Premises by reason of such damage and the repair thereof. The Rent, until the completion of such repairs or restoration, shall abate in proportion to the area of the Premises which is unusable by Lessee. If the Premises, without the fault of Lessee, shall be slightly damaged by fire or other catastrophe but not so as to render the same untenantable, Lessor, after receiving notice in writing of the occurrence of the injury, shall cause the same to be repaired with reasonable promptness; but in such event, there shall be no abatement of the Rent. 18. LESSEE'S PERSONAL PROPERTY A. Loss or Damage. Lessee agrees that all property of the Lessee, it's agents, employees, customers and guests kept or stored on the Premises or in the building shall be the sole risk of the Lessee and Lessor shall not be held liable for any damage or loss to any of Lessee's personal property of any kind or description whatsoever, or for damage or loss suffered by the business or occupation of Lessee caused by(1) bursting, overflowing or leaking of water, sewer, or steam pipes; (2) heating or plumbing fixtures, or from electric wires; (3)from gases or odors; or(4) caused in any other manner whatever, except the gross negligence of Lessor. B. Removal. If Lessee fails to remove all its effects from the Premises upon abandonment or upon the termination of this Lease for any cause whatsoever, Lessor, at its option, may remove the same in any manner that it shall choose, and store the effects without any liability to Lessee for loss or damage. Lessee agrees to pay Lessor on demand any and all expenses incurred in such removal, including court costs, attorneys'fees, and storage charges. Lessor, at its option and without notice, may sell said effects, or any of the same, at public or private sale, for such prices as Lessor may obtain. The proceeds of such sale may be applied to any amounts due Lessor under this Lease, including removal expense. If said property, or any portion thereof, shall be offered at public auction, Lessor may become the purchaser thereof. 19. DEFAULT PROVISIONS The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Lessee: A. Failure to Pay Rent. Lessee failing to pay the Rent or Additional Rent herein required within days from the date when due. Form—State-Owned Property Lease 7 Rev.2/2008 B. Failure to Pay Other Costs. Lessee failing to make any other payments required to be made by Lessee when due, where such failure shall continue for a period of 30 days following written notice from Lessor to Lessee. C. Failure to Keep Covenants. Lessee failing to perform or keep any of the terms, covenants, or conditions of this Lease, where such failure shall continue for a period of 30 days following written notice from Lessor to Lessee. D. Abandonment. Lessee abandoning the Premises. E. Insolvency. 1) Lessee making an assignment for the benefit of creditors, filing a petition commencing a voluntary case under any chapter of the Bankruptcy Code, 11 U.S.C. § 101 et seq. (the"Bankruptcy Code"), being adjudicated an insolvent, filing a petition seeking for itself any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar arrangement under the Bankruptcy Code or any other present or future statute, law, rule, or regulation, or file an Answer admitting the material allegations of a petition filed against it in any such proceeding, consent to the filing of such a petition, or acquiesce in the appointment of a trustee, receiver, custodian, or other similar official for it or of all or any substantial part of its assets or properties, or take any action looking to its dissolution or liquidation. 2) A case, proceeding or other action is instituted against Lessee seeking the entry of an order for relief against Lessee, to adjudicate Lessee as a bankrupt or insolvent, or seeking reorganization, arrangement, readjustment, liquidation, dissolution, or similar relief against Lessee under the Bankruptcy Code or other present or future statute, law, rule, or regulation, which case, proceeding, or other action either results in such entry, adjudication, or issuance, or entry of any other order or judgment having a similar effect or remains undismissed for 60 days, or within 60 days after the appointment without Lessee's consent or acquiescence of any trustee, receiver, custodian, or other similar official for it or of all or any substantial part of its assets and properties, such appointment shall not be vacated. 20. REMEDIES In the event of an occurrence of default as set forth above, Lessor shall have the right to: A. Terminate Lease. Terminate this Lease by giving Lessee written notice of such termination. After termination, Lessor shall be entitled to recover from Lessee the amount of unpaid Rent earned at the time of termination and the amount of future unpaid Rent for the balance of the term of this Lease (had the Lease not been terminated by Lessor), the latter of which shall be discounted at the discount rate established at the Federal Reserve Bank of Kansas City, Kansas, at the time of termination; or B. Sue Monthly. Sue monthly for and recover all Rent, other required payments due under this Lease, and other sums including damages, litigation-related costs and attorney fees at any time and from time to time accruing hereunder(without resuming possession of the Premises or terminating this Lease); or C. Repossess Premises. After notice, re-enter and take possession of the Premises, expel Lessee and those claiming by, through or under Lessee and remove the effects of both or either(forcibly, if necessary)without being liable for prosecution thereof, without being deemed guilty in any manner of trespass and without prejudice to any remedies for Rent delinquencies or preceding Lease defaults. Lessor may then from time to time, without terminating this Lease, relet the Premises. Such re-entry or taking of possession of the Premises by Lessor shall not be construed as an election on Lessor's part to terminate this Lease unless a written notice of termination is given to Lessee. In the event of Lessor's election to proceed under this Section, then such repossession shall not relieve Lessee of its obligation and liability under this Lease, all of which shall survive such repossession. Lessee shall pay to Lessor as current liquidated damages the Rent specified in this Lease which would be payable hereunder if such Form—State-Owned Property Lease 8 Rev.2/2008 v repossession had not occurred, less the net proceeds(if any) of any reletting of the Premises after deducting all of Lessor's expenses in connection with such reletting, including but without limitation all repossession costs, brokerage commissions, legal expenses, and attorneys'fees. Lessee shall pay such current damages to Lessor on the days on which the Rent would have been payable hereunder if possession had not been retaken. 21. ENVIRONMENTAL MATTERS The parties agree not to use, produce, treat, generate, release, discharge, store, transport, or cause to be transported, or dispose of any hazardous substances at, on, under, in, or about the premises or the building. The term "hazardous substances" shall mean any toxic or hazardous or noxious substance, material, or waste which is regulated by any local government authority having jurisdiction over the Premises, the State of Colorado, or the United States government, including but not limited to: A. Any oil or petroleum compounds, flammable substances, explosives, radioactive materials, or any other materials or pollutants which pose a hazard to the Premises or to persons on or about the Premises or cause the Premises to be in violation of any environmental laws, including all federal, state and local laws, statutes, regulations, or ordinances relating to the environment, and/or public health and safety ("Environmental Laws"); B. Asbestos or any asbestos-containing material of any kind or character which is now or may potentially become friable; C. Polychlorinated biphenyls("PCBs"), as regulated by the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or D. Any materials or substances now or hereafter defined or designated as: "hazardous substances" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. § 1251 et seq.; "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.; "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601 et seq.; or"chemical substance,""new chemical substance," or"hazardous chemical substance or mixture" pursuant to Sections 3, 6 and 7 of the Toxic Substances Control Act, 15 U.S.C. §2601 et seq., or by any successor statute to these statutes, or by any regulation now or hereafter promulgated pursuant to said statutes or their successors. Lessee also agrees that it will notify Lessor in writing within ten days of its receipt of any notice of a violation of any Environmental Laws during the term of this Lease. Said notice shall include a copy of such notice of violation. Lessee shall take no action to disturb or disrupt existing asbestos within the building or the Premises, if any. Should remediation of asbestos be required by an appropriate governmental entity, unless it is the result of Lessee's breach of this provision, either party may terminate this Lease upon 30 days' notice to the other, whereupon all responsibilities of both parties relating to this Lease shall terminate. 22. APPLICABLE LAW The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this lease. Any provision of this lease, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be void and unenforceable in any action at law. 23. TIME FOR PERFORMANCE Form—State-Owned Property Lease 9 Rev.2/2008 Time is of the essence in the execution and performance of this Lease and of all of its provisions. 24. COMPLETE AGREEMENT This lease, including all exhibits, supersedes any and all prior written or oral agreements and there are no covenants, conditions or agreements between the parties except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever unless incorporated herein in writing. No novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless in writing and signed by all parties hereto. 25. CAPTIONS, CONSTRUCTION, AND BINDING EFFECT The captions and headings used in this lease are for identification only, and shall be disregarded in any construction of the lease provisions. All of the terms of this lease shall inure to the benefit of and be binding upon both the Lessor and the Lessee. 26. SEVERABILITY If any provision of this lease shall be determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then the remaining provisions of this lease shall remain in full force and effect. 27. NO BENEFICIAL INTEREST The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. 28. NOTICE Any notice required or permitted by this lease may be delivered in person or sent by registered or certified mail, return receipt requested, to the party at the address as hereinafter provided, and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage attached thereto: Lessor: Lessee: Colorado Department of Human Services City of Pueblo Division of Facilities Management 200 S. Main Street, 4112 S. Knox Court Pueblo CO 81003 Denver. CO With a copy delivered to: Real Estate Programs 1313 Sherman Street, Suite 319 Denver, C080203 Notice of change of address shall be treated as any other notice. Form—State-Owned Property Lease 10 Rev.2/2008 29. LESSOR LIABILITY EXPOSURE 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 of any provision of the Colorado Governmental Immunity Act, §24-10- 101 et seq., C.R.S., as now or hereafter amended. The parties hereto understand and agree that liability for claims for injuries to persons or property arising out of the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of§24-10-101, et seq., C.R.S., as now or hereafter amended and §24-30-1501, et seq., C.R.S., as now or hereafter amended. Any provision of this lease, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified so as to limit any liability of the Lessor to the above cited laws. 30. ADDITIONAL PROVISIONS None. [INTENTIONALLY LEFT BLANK] Form—State-Owned Property Lease 11 Rev.2/2008 IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year first above written. LESSEE: LESSOR: THE CITY OF PUEBLO THE STATE OF COLORADO John W. Hickenlooper,Governor The Department of Human Services By. By: thorize igna ory For the Executive Director 54e0w...h, G , N kwR ocKT 1�RE5.=AP r Date: ( /417 Name (Print) Title (Print) REAL ESTATE PROGRAMS ALL CONTRACTS MUST BE APPROVED BY THE STATE OF COLORADO STATE CONTROLLER: John W. Hickenlooper, Governor DEPARTMENT OF PERSONNEL&ADMINISTRATION CRS 24-30-202 requires that the State Controller approve Office of State Architect, For the Executive Director all State contracts.This contract is not valid until the State Controller,or such assistant as he may delegate,has signed it.The Landlord is not authorized to begin By: ,/,,/// performance until the contract is signed and dated below. If performance begins prior to the date below,the State of Colorado may not be obligated to pay for the good and/or Date: /7/// services provided. OFFICE OF RISGEMENT STATE OF COLORADO STATE OF COLORADO John W. Hickenlooper, Governor John W. Hickenlooper,Governor STATE CONTROLLER'S OFFICE DEPARTMENT OF PERSONNEL&ADMINISTRATION State Controller(or authorized Delegate) For the Executive Director By: By: NA CLINT WOODfiUF�alri Gimple State Risk Manager Date: o?3a?a/'S Date: LEGAL REVIEW DEPARTMENT OF LAW John Suthers, Colorado Attorney General ATTORNEY GENERAL(or authorized Delegate) By: NA Date: Form—State-Owned Property Lease 12 Rev.2/2008 • r' ORDINANCE NO. 8786 AN ORDINANCE APPROVING AN LEASE AGREEMENT BY AND BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE STATE OF COLORADO, DEPARTMENT OF HUMAN SERVICES FOR THE PREMISES KNOWN AS "LANGONI FIELDS". BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Lease Agreement by and between the City of Pueblo, a Municipal Corporation, and the State of Colorado, Department of Human Services for the premises known as "Langoni Fields" attached hereto, and having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized and directed to execute said Agreement for and on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Lease Agreement to effectuate the policies and procedures described therein. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED: October 14, 2014 BY: Ed Brown COUNCI PERSON APPROVED( 1‹ 417A PRESIDENT OF CITY CO �r. f IL ATTESTED BY: ITY CLERK PASSED AND APPROVED: October 27, 2014 • 0 EXHIBIT "n" J! DEPARTMENT OR AGENLs NUMBER f 29 03 02 ROUTING NUMBER CSH-11 LEASE AGREEMENT • THIS LEASE AGREEMENT, made and entered into this 19th day of April, 1988, by and between the City of Pueblo, a Municipal Corporation whose address or principal place of business is 1 City Hall, Pueblo, Colorado 81003 hereinafter referred to as "Lessee", and THE STATE OF COLORADO, acting by and through the Department of Institutions, Division of Mental Health for the use and benefit of Colorado State Hospital hereinafter referred to as "Lessor". 6aITEESSETH: • WHEREAS, pursuant to the provisions of Senate Bill No. 53 approved March 21, 1978, the State is authorized to convey a leasehold interest by lease to the Contractor, and WHEREAS, the Contractor desires Land to establish a park, and WHEREAS, the State, has such Land and is willing to lease this Land to be established as a park; MOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. Premises, Term, Rent. (a) Lessor hereby leases and demises unto lessee the premises known and described as follows: The N 1/2 of the SE 1/4 of section 23, T20S, 865W in Pueblo county (b) TO HAVE AND TO HOLD the same, together with all appurtenances, unto Lessee, for the term beginning July 1, 1988, and ending June 30, 2013 at and for a rental for the full term at the rate shown below: TERM DATE TOTAL COST 07/01/1988 - 06/30/2013 $1.00 To be used to establish a park. Payment shall be made on the first month during the• term hereof to Lessor at: Colorado State Hospital, General Accounting Department, 1600 West 24th Street, Pueblo, Colorado 81003, or at such place as Lessor from time to time designates by notice as provided herein. Page.1 of 5 Pages 2. Services by Lessor. Lessor shall provide to Lessee during the .occupancy of said premises, as a part of the rental consideration the following: SONS 3. Work Requirements. Prior to the premises being occupied by Lessee, Lessor agrees to: BIONS 4. Maintenance of Premises. Lessee shall, unless herein specified to the contrary, maintain the said premises in good repair and in tenantable condition during the term of this lease. 5. Lessor's Ownership..Lessor warrants and represents himself to be the owner of, or the authorized representative or agent of the owner of, the leased premises in the form and manner as stated herein, and during the term of this lease convenants and agrees to warrant and defend Lessee in the quiet, peaceable enjoyment and possession of the leases premises. 6. Lease Assignment. Lessee shall not assign this lease and shall not sublet the land. 7. Applicable Law. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this lease. Any provision of this lease, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in Whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will no invalidate the remainder of this lease to the extent that the agreement is capable of execution. S. Rminent Domain, Termination of Lease. If the leased premises shall be taken by right of eminent domain, in whole or in part, then this lease, at the option of either party, shall forthwith cease and terminate and the current rent shall be property apportioned to the date of such taking; and in such event the entire damages which may be awarded for such taking shall be apportioned between Lessor and Lessee, as their interests appear. 9. Damage and Destruction. In the event the leased premises are rendered untenantable or unfit for Lessee's purposes by fire or other casualty, this lease will immediately terminate and no rent shall accrue to Lessor from the date of such fire or casualty. In the event the leased premises are damaged by fire or other casualty so that there is partial destruction of such premises or such damage as to render the leased premises partially untenantable or partially unfit for Lessee's purposes, either party may, within five (5) days of such occurrence, terminate this lease by giving written notice to the other party. Such termination shall be effective not less than fifteen (15) days from the date of mailing of notice. Rant shall be apportioned to the effective date of termination. -Page 2 of S Pages 4.13:.7.4,, • .10. Complete Agreement. This lease, including all exhibits, supersedes any and all prior written or oral agreements and there are no convenants, conditions or agreements between the parties except as set forth herein. No prior or contemporaneous addition, deletion or other amendment hereto shall have any force or effect whatsoever unless embodied herein in writing No subsequent novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. 11. Captions, Construction, and Lease Effect. The captions and headings used in this lease are for identification only, and shall be disregarded in any construction of the lease provisions. All of the terms of this lease shall inure to the benefit of and be binding upon the respective heirs, successors, and assigns of both the Lessor and the Lessee. If any portion, clause, paragraph, or section of this lease shall be determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act than the remaining portions of this lease shall remain in full force and effect. 12. No Beneficial Interest, The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. 13. Ho Violation of Law. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office), C.R.S., as amended, and that no violation of such provisions is present. 14. Controller's Approval. In accordance with the requirements of 24-30-3202(1) C.R.S., as amended, this lease shall not be deemed valid until it has been approved by the State Controller, or such assistant as he may designate. 15. Notice. Any notice required or permitted by this lease nay be delivered in person or sent by registered or certified mail, return receipt requested, to the party at the address as hereinafter provided, and if sent by mail it shall be effective when posted in a U.S. Mail Depository with sufficient postage attached thereto: Lessor: Lessee: State of Colorado City of Pueblo Department of Institutions A Municipal Corporation Division of Mental Health Colorado State Hospital 1600 West 24th Street 1 City Hall Place Pueblo, CO 81001 Pueblo, CO 81003 Notice of change of address shall be treated as any other notice. • Paws 3 of.. S__Palma___ r ii' fir. 16. Consent. Unless otherwise specifically provided, whenever consent or approval of Lessor or Lessee is required under the terms of this lease, such consent or approval shall not be unreasonably withheld or delayed • and shall be deemed to have been given if no response is received within.30, days of the date of request was made. If either party withholds any consent or approval, such party shall on written request deliver to the other party a written statement giving the reasons therefore. 17. Lessor Liability Exposure. The parties hereto understand and agree.that liability for claims for injuries to persons or property arising out of th negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of 24-10-101, et seq., C.R.S., as amended and 24-30-1501, et seq., C.B.S., as amended. Any provision of this lease, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified so as to limit any liability of the Lessor to the above cited laws. 18. Purpose of Lease. The Lessor is hereby authorized to convey a leasehold interest by lease, for twenty-five (25) years, to the Lessee for the purpose of establishing a park, subject to all existing leases, easements, and rights-of-way, if any, and subject to retention by the Lessor of all oil, gas, and other minerals and mineral rights and all surface water and water rights appurtenant to the Land herein described, in the following described parcel of real property no longer needed for. state purposes: The U 1/2 of the SE 1/4 of section 23, T20S, R65W in Pueblo county. 19. Signatories.Thia agreement shall be executed by the Governor of the State of Colorado and the Executive Director for the Department of Institutions, attested by the Secretary of State, under the great seal of the State of Colorado. 20. Insurance.At its own expense, the Lessee shall either provide evidence of a satisfactory self-insurance program or .casualty insurance to be carried and maintained with respect to the Land and shall carry public liability and property damage insurance sufficient to protect the State from liability in all events. The Lessor shall provide the State annually with evidence of satisfying the insurance requirements. Such coverage shall be for the duration of the lease. 21. Encumbrance. The Lessee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage,. pledge, lien, charge encumbrance or claim on or with respect to the Land. 22. Default. The Lessee shall be deemed to be in default hereunder upon the happening of any of the following events of default: (a) Lessee shall fail to establish this Land as a park. (b) Lessee shall fail to provide evidence of insurance coverage. Page. 4__of 5,...Mee.. yt I• SI s • 23. Default Remedy. Upon the occurrence of an event of default as specified in Section 21 of this Agreement, and Lessee shall fail to remedy such event of default with all tesponsible dispatch within a period of thirty (30) days, then the Lessor shall have the right, at its option without any further demand or notice to pursue the following remedy: Re-enter and take possession of the Land enforcing the Agreement or terminating the Agreement, and repossess the Land;. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement on the day and year first above written LESSEE: (Full Legal Rame)C,rY or-FliElika, rg Num/goal& CaRFOR4rhw (If Corporation) Attest (Seal) Herne. '7144 aa Title: tlees/.P.eN7-' OF TrtE (2044A/C/1.1By: -Q41/ tivAi . Secretary .Social Security Number or Employeer ID LESSOR: STATE OF COLO-., IS �� (If Corporation) / f Attest (Seal) r Roy Romer, Governor D' r . OF INS ' ONS igilk By• / val ... a /, 8g S retary of State Henry S, Executive Director APPROVED: APPROVED: STATE OF COLORADO DEPARTMENT OF ADMINISTRATION Duane Woodward, Attorney General • AY ie By / By ► / DAliiil % •ti . First Assistant Attorney General APPROVED: General Legal Services DIVISION OF ACCOUNTS AND CONTROL • Jam . Stroup, State Controller By JAMES A. STROUP Page 5_of,5..Pasae 4 1- RESOLUTION NO. 6203 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL COR- PORATION AND THE STATE OF COLORADO RELATING TO THE LEASE OF LAND TO BE USED FOR PARK PURPOSES BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: , SECTION 1. The Lease Agreement dated April 19, 1988 between the State of Colorado and the City of Pueblo relating to the lease of land to be used for park purposes, a copy of which is attached hereto and incorporated herein, having been approved by the City Attorney is hereby approved. The President of the City Council is authorized to execute the Lease Agreement for and on behalf of the City and the City Clerk is directed to attest same. SECTION 2. Resolution No. 6122 is hereby repealed. INTRODUCED: May 23, 1988 By SAMUEL CORSENTINO Councilman ATTEST: APPROVED: � r,3 Ci C p Pr--i-dent of the City Council 14 IMA 57649 AMENDMENT NO. 1 TO LEASE AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE STATE OF COLORADO DATED APRIL 19, 1988 THIS AMENDMENT NO. 1 to Lease Agreement Between the City of Pueblo and the State of Colorado dated April 19, 1988 ("Amendment No. 1") is made and entered into as of this /9411 day of June, 2013, by and between the City of Pueblo, a Municipal Corporation ("Lessee") and the State of Colorado("Lessor") (collectively"Parties"). WHEREAS, the Parties entered into a Lease Agreement dated April 19, 1988 ("Lease Agreement") for the lease by Lessee of premises known and described as the N %: of the SE V4 of section 23, T20S, R65W in Pueblo County ("Premises") for a term beginning July 1, 1988 and ending June 30, 2013, attached here as Exhibit A; WHEREAS,the Parties wish to extend the term of the Lease Agreement to and until June 30,2014, until such time the Parties may negotiate a new lease agreement for the Premises; NOW, THEREFORE, in consideration of the foregoing and mutual terms and conditions set forth herein,the parties agree as follows: 1. The term of the Lease Agreement is hereby extended to and until June 30, 2014, upon the same terms and conditions as set forth in the Lease Agreement, except as set forth herein. 2. This Amendment No. 1 is for the purpose of extending the term of the Lease Agreement to negotiate a new lease before the end of the extension thereof. The provisions of the Lease Agreement in effect shall remain in effect during said extension. However, this Amendment No. 1 shall immediately terminate when and if a replacement lease is approved and signed by the Parties. 3. Except as expressly modified herein by this Amendment No. 1, the Lease Agreement shall remain in full force and effect. Except as expressly modified, any obligation remaining to be performed by Lessee under the Lease Agreement are not waived or exercised in any manner,but shall be fully performed in accordance with the terms of the Lease Agreement as it existed prior to this Amendment No. 1. IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment No. 1 as of the date first written above. LESSEE: City of Pueblo, a Municipal Corporation ATTEST: By: '/1 -- �e tec 1 . Cit lerk i Manager, '117(ii Page 1 of 2 t; , APPRO D AS TO 'ORM: ,y This is certified as a true ccr7- of the fully executed +r ` City ttorney c.7_ . The encumbrance r t contract amount t I Ianagement LESSOR: CUriS ll :uc: 7 i 15 /2615 State of Colorado STATE OF COLORADO John W. Hickenlooper, Governor The Department of Human Services By: e Vi'l*rzril For the ecutive irector Date: /,(e9//, REAL ESTATE PROGRAMS ALL CONTRACTS MUST BE APPROVED STATE OF COLORADO BY THE STATE CONTROLLER: John W.Hickenlooper,Governor DEPARTMENT OF PERSONNEL&ADMINISTRATION CRS 24-30-202 requires that the State Controller approve Office of State Architect,For the Executive Director all State contracts.This contract is not valid until the State Controller,or such assistant as he may delegate,has signed It.The Landlord is not authorized to begin By: . �""-- -- performance until the contract Is signed and dated below. If performance begins prior to the date below,the State of Colorado may not be obligated to pay for the good and/or Date: ‘/ / 0.3 services provided. STATE OF COLORADO John W.Hickenlooper,Governor STATE CONTROLLER'S OFFICE State Controlleri.d. (or authorized Delegate) By: ,SCG/.a1 Date: ��D .�G+/3 Page 2 of 2