HomeMy WebLinkAbout13258RESOLUTION NO. 13258
A RESOLUTION APPROVING AN AGREEEMENT BETWEEN
THE CITY OF PUEBLO AND THE SENIOR RESOURCE
DEVELOPMENT AGENCY, PUEBLO, INC. AND SER – JOBS
FOR PROGRESS NATIONAL, INC. FOR THE SUBLEASE OF
OFFICE SPACE WITHIN THE JOSEPH HALE EDWARDS
SENIOR CITIZEN'S CENTER BUILDING
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The June 22, 2015 Agreement between the City of Pueblo and the Senior Resource
Development Agency, Pueblo, Inc. and SER – Jobs for Progress National, Inc. for the sublease
of office space within the Joseph Hale Edwards Senior Citizen's Center Building, a copy of
which is attached hereto and incorporated herein, having been approved as to form by the City
Attorney, is hereby approved.
SECTION 2.
The President of the City Council is authorized to execute and deliver the Agreement in
the name of the City and the City Clerk is directed to affix the seal of the City thereto and to
attest same.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution and the attached Agreement to effectuate the
transactions described therein.
SECTION 4.
This Resolution shall become effective upon passage and approval.
INTRODUCED: June 22, 2015
BY: John Cordova
Councilperson
APPROVED:
VICE-PRESIDENT OF CITY COUNCIL
ATTESTED BY:
City Clerk’s Office Item # S-1
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: JUNE 22, 2015
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Law Department
Daniel C. Kogovsek, City Attorney
SUBJECT: A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
PUEBLO AND THE SENIOR RESOURCE DEVELOPMENT AGENCY,
PUEBLO, INC. AND SER – JOBS FOR PROGRESS NATIONAL, INC. FOR THE
SUBLEASE OF OFFICE SPACE WITHIN THE JOSEPH HALE EDWARDS
SENIOR CITIZEN'S CENTER BUILDING
SUMMARY:
Attached is a Resolution authorizing the City enter into an Agreement with the Senior Resource
Development Agency, Pueblo, Inc. (“SRDA”) and SER – Jobs for Progress National, Inc.
(“SER”) for the sublease of office space within the Joseph Hale Edwards Senior Citizen's Center
Building (“Center”).
PREVIOUS COUNCIL ACTION:
Similar Resolution were approved by City Council on June 23, 2014 and June 24, 2013
approving the sublease to SER.
BACKGROUND:
SRDA leases the Center from the City. SER desires to maintain an office location within the
Center according to the terms of the Agreement. The Agreement is not in conflict with Section
20 of the Lease Agreement between the City and SRDA dated April 14, 1995 because the City
is consenting to the sublease.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
This Resolution comes before City Council at the request of the staffs and boards of SRDA and
SER.
ALTERNATIVES:
If the Resolution is not approved, SER will not be allowed to sublease space in the Center.
RECOMMENDATION:
Approval of this Resolution.
Attachments:
Agreement
AGREEMENT
THIS AGREEMENT is entered into this;.22ND day of June , 2015 between the
City of Pueblo, a municipal corporation ("Pueblo") and the Senior Resource Development
Agency, Pueblo, Inc., a Colorado not-for-profit corporation ("SRDA") and SER-Jobs for
Progress National, Inc. ("SER").
Recitals
a. WHEREAS, City is the owner of the building known as the Joseph Hale Edwards
Senior Citizen's Center ("Building") located at 230 North Union Avenue, Pueblo,
Colorado 81003; and
b. WHEREAS SRDA occupies the Building pursuant to a lease agreement with the
City dated April 10, 1995; and
c. WHEREAS SRDA wishes to sublease a portion of the Building, approximately
216 square feet, to SER.
NOW, THEREFORE, in consideration of the foregoing recitals and the terms, conditions
and mutual promises set forth in this agreement, the parties agree as follows:
1. City consents to the sublease agreement entered into between SRDA and SER
dated June 1 , 2015, a copy of which, marked as Exhibit A is attached hereto and is
incorporated herein by reference.
2. SER agrees to abide by all of the terms and conditions of the lease agreement
between the City and SRDA, dated April 10, 1995, a copy of which, marked as Exhibit B is
attached hereto and is incorporated herein by reference.
3. Upon execution of this agreement, SER shall provide the City with a certificate of
liability insurance as required by paragraph 12 of the lease agreement (Exhibit B).
4. SRDA agrees to hold City harmless from and defend City against any and all
claims or liability resulting from the sublease agreement (Exhibit A).
PUEBLO, a municipal corporation
BY: G- G
VICE PRESIDENT OF:CITY COUNCIL
ATTESTED BY:
C Y CLERK
Senior ResourDeve p nt
Agency, Pu o, In
B . Steven ieldman, President
County of Pueblo )
) ss
State of Colorado )
The foregoing instrument was acknowledged before me this /22 day of jjou,, 2015 by
Steven Fieldman, as President of the Senior Resource Development Agency, Pueblo, Inc.
Witness my hand and seal.
1//
My commission expires: l D t0
EVIE DENSFORD i ,
NOTARY PUBLIC it
STATE OF COLORADO „ie.,
NOTARY ID 19874177321 Notary Public /
MY COMMISSION EXPIRES 11/10/2018
SER-Jobs for Progress National, Inc.
To (\a td,a S�;la / /
BY: Lam/%mss air, . _... ' esident
CountyP eblo
of /
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State of Colorado )
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The foregoing instrument was acknowledged before me this 1.1 day zone.. , 2015
byTal • ,as President of SER-Jobs for Progress National, Inc.
Witness my hand and seal.
My commission expires: r(o 20 12o 16 /'
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F":"�e'�?e,, CYNTHIA A. GOMEZ '10 . y Public
?_.' Notary Public,State of Texas
i. .., My Commission Expires
"Z,„; N° May 20, 2016
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AGREEMENT
SER—Jobs for Progress National, Inc. (hereinafter called"SER") desires to maintain an
office location in the Joseph Hale Edwards Senior Citizen's Center building in Pueblo,
Colorado.
Senior Resource Development Agency, Pueblo, Inc., (hereinafter called"SRDA") leases
the Joseph Hale Edwards Senior Citizen's Center building from the City of Pueblo (City).
The City has consented to allow SRDA to lease to SER two office cubicle spaces
pursuant to the terms of this agreement.
THEREFORE, the parties have agreed as follows:
1. PARTIES.
The parties to this agreement are SER and SRDA.
2. TERM OF LEASE.
The initial term of this agreement shall be from July 1, 2015 through June 30, 2016
. At the option of SER and with the consent of SRDA as pertains to the square footage of
space desired by SER, SER may renew this agreement for subsequent one year terms. In
the event that SER desires to renew this agreement for an additional one year term, it
shall so advise SRDA in writing not less than 30 days prior to the end of the initial term
or a subsequently renewed term.
3. LEASED SPACE.
The space to be leased shall be two office cubicle spaces on the 3rd floor of the Joseph
Hale Edwards Senior Citizen's Center located at 230 North Union, Pueblo, Colorado.
The square footage for the initial term of this agreement shall be 216 square feet. The
square footage for subsequent renewal terms may be adjusted prior to the start of a
renewal terms as so designated in the written notice of renewal submitted by SER,
subject to the consent of SRDA for any increase in the square footage.
4. COMPENSATION FROM SER FOR SPACE.
A. Monthly Payments. SER agrees to pay $3,852.00 compensation for the initial
term, in monthly payments of$321.00 per month.
B. Use Fees. SER shall pay to SRDA a monthly fee for the following expenses
incurred by SRDA as a result of this agreement:
1. Phone: $150.00 per month plus actual long distance charges incurred;
2. Utilities: monthly, the actual pro-rata utility charge, calculated as 216
square feet divided by the square footage of the Joseph Hale Edwards
Senior Citizen's Center building (23,822 square feet) multiplied by the
total gas, water and electricity utility costs for the Joseph Hale
Edwards Senior Citizen's Center building for the month;
Agreement, Page 1 of 5 pages
3. Maintenance: monthly, the actual pro-rata amount, calculated as 216
square feet divided by the square footage of the Joseph Hale Edwards
Senior Citizen's Center building (23,822 square feet) multiplied by the
total building maintenance costs for the Joseph Hale Edwards Senior
Citizen's Center building for the month;
4. Equipment maintenance; actual cost of equipment repairs;
5. Copy charges: $0.10 per b/w and$.35 for color copies made on
SRDA copy machines; and,
6. Postage: actual postage used and provided by SRDA postage
machines or stamps, including actual Fedex, UPS or other special
delivery costs charged to SRDA by or for the benefit of SER.
Not later than the 10th day of each month, SRDA shall provide to SER a statement
showing the amount of each user fee for the previous period. Not later than the
20th day of each month, SER shall pay to SRDA the amount shown on said
statement. The parties acknowledge that the initial statement may not show all
costs for the preceding period due to the time some fee bases become known to
SRDA. SER agrees to pay such fees within 10 days of receipt of the statement for
said fees. The parties acknowledge that all user fees may not be known at the
time SER vacates the leased premises. Following termination and
notwithstanding its having vacated the leased space, SER agrees to pay all fees
billed as a result of its use of the leased space, which fees were not known or
calculable by SRDA prior to the vacating of the leased space by SER).
CONSENT OF CITY OF PUEBLO
The City of Pueblo consents to this agreement and represents and acknowledges that this
agreement is not in conflict with Section 20 of that certain Lease Agreement by and
between the City of Pueblo, as Landlord, and SRDA, as Tenant, dated April 14, 1995.
5. USE OF SPACE.
Subject to the other terms herein, SER shall have the right to use the leased space for its
own purposes to the exclusion of all others, with the exception of normal maintenance
and repair activities by SRDA or the City. SER: shall use the office cubicles in a careful,
safe and proper manner; shall not allow any waste or nuisance in the building; and, shall
not use or allow the leased office cubicles to be used for any improper, unlawful,
immoral or objectionable manner or in any manner which obstructs the rights or
permitted use of other occupants of the building.
6. QUIET ENJOYMENT.
SER shall have and peacefully hold and enjoy the leased office cubicles, provided that all
its obligations herein set forth are performed.
7. ACCESS.
SER shall have full and unfettered access to the building and its office cubicles during
normal working hours, which are 8:00 a.m. to 5:00 p.m., Monday through Friday.
Agreement, Page 2 of 5 pages
8. HOLD HARMLESS AND INDEMNIFICATION.
Neither SRDA nor the City shall be liable for any damage or injury to SER, or any other
person, or to any property, occurring on the premises or any part thereof, unless such
damage is the proximate result of the intentional or unlawful acts of SRDA or the City or
the agents of SRDA or the City. SER hereby indemnify and agrees to hold harmless
SRDA and the City from any claims, actions, demands, and/or damages occurring on or
about the premises or arising under possession by SER of the premises except for those
claims arising from the intentional act of SRDA or the City or the agents of SRDA or the
City.
9. INSURANCE.
SER represents and acknowledges that it is responsible for providing insurance coverage
on all its personal property and agrees to hold harmless SRDA for any loss to said
personal property.
10. TERMINATION OF LEASE.
Landlord understands that tenant is a governmentally sponsored entity with 100%
governmental funding. Landlord agrees to release tenant from further financial
obligations and expenses with sixty(60) days written notice should tenant lose sufficient
funding to maintain this lease for this location with sufficient documentation or if
tenant's funding is terminated. Unless extended, this agreement shall terminate upon the
earliest of the following events: (a)the end of the initial or any properly renewed
subsequent renewal term; (2)the violation by SER of any provision, obligation or
covenant expressed herein; or, (c) the termination of the lease from the City of Pueblo to
SRDA.
11. ASSIGNMENT AND SUBLEASE.
Assignment of this lease or sublease shall not be allowed without the express written
permission of SRDA and the City, which permission may be denied for any reason,
including an arbitrary reason.
12. COMPLIANCE WITH LAWS.
SER shall comply with all statutes, ordinances and requirements of all municipal, state
and federal authorities now in force, or which may be hereinafter in force pertaining to
the use of the premises.
13. SEVERABILITY.
If any clause of this Lease shall be determined to be invalid in any court of law, the rest
of the lease shall stand and shall be unaffected by such decision.
14. DEFINITIONS.
All words shall be given their ordinary meanings unless the context clearly otherwise
requires. The masculine includes the feminine and the neuter includes the masculine,
feminine and neuter. Singular includes the plural. Captions are to be used as finding aids
only and are not to affect the interpretation of this agreement.
Agreement, Page 3 of 5 pages
15. BINDING EFFECT.
When executed by both parties, this shall be a binding agreement for the lease of real
property and shall be binding and effective upon the parties, their respective heirs,
personal representatives, successors and assigns.
16. COMPLETE AGREEMENT.
This written agreement sets forth the complete agreement between the parties. There are
no other representations or provisions of this agreement either oral or written. This
agreement may be modified only by a writing signed by the party adversely affected by
this modification.
17. COUNTERPARTS.
For the convenience of the parties, this agreement may be executed in one or more
counterparts, each of which shall be deemed an original but all of which together shall
constitute one and the same instrument.
18. MISCELLANEOUS.
The pronouns of any gender shall include the other genders and either the singular or the
plural shall include the other. This agreement includes all the agreements of the parties
and this agreement shall not be modified except in a writing signed by all the parties. If
any part of this agreement is found by a competent court of law to be invalid, the
remaining parts of this agreement shall not be affected and, if necessary, the Court shall
rewrite the agreement to give full force and effect to the intention of the parties. This
agreement shall be construed and interpreted according to the laws of the State of
Colorado.
IN WITNESS WHEREOF, t}ie parties hereunto have set their respective hands and seals
to this instrument this t L01—.day of l )n , 2015.
SER—Jobs for Progress National, Inc.
B i
Pr(dent
The foregoing instrument was acknowledged before me this I LD day of
)(The, , 2015, by =.40\1(1-aC8.1 F,4 ale , as
President of SER—Jobs for Progress National; Inc.
Witness my hand and seal. /� /
My commission expires: 4aI 2O ► 2 01 ( .
LiZecc. ar 40/72,
CYNTHIA A. GOMEZ
_'�•�� ;�. Notary Public,state of Texas Notary'ublic
,!'!fir My Commission Expires
May 20, 2016
Agreement, Page 4 of 5 pages
SENIOR RESOURCE DEVELOPMENT
AGENCY, PU LBO, C.
BY: STEV FI D' AN
/' l�
Pre•'dent
The foregoing instrument was acknowledged before me this day of
2015, by Steven Fieldman , as President of Senior Resource Development Agency,
Pueblo, Inc.
Witness my hand and seal.
My commission expires: /( I d ( .
EVIE DENSFORD
NOTARY PUBLIC ririf k)...tt/tAitl--411
STATE OF COLORADO Notary Public
NOTARY ID
MY COMMISSION XPIRES7321 11/10/2010
Agreement, Page 5 of 5 pages