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HomeMy WebLinkAbout13326 RESOLUTION NO. 13326 A RESOLUTION APPROVING AN ASSUMPTION AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND 200 S. BROADWAY LP, A COLORADO CORPORATION AND AUTHRIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAID AGREEMENT WHEREAS, Resolution No, 12841, approved December 9, 2013 authorized a parking permit agreement between ALI’I Management, LLC. and the City of Pueblo for the monthly lease of 86 parking spaces in the 8th & Court Lot for tenants in the building at 201 W. 8th Street; WHEREAS, ALI’I Management, LLC. has been replaced by 200 S. Broadway LP, for the management of the property at 201 W. 8th Street, and 200 S. Broadway LP wishes to assume the parking permit agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1: The Assumption Agreement dated October 26, 2015 between Pueblo, a Municipal Corporation and 200 S. Broadway LP, relating to the lease of parking spaces th at the City’s 8 and Court Streets Parking Lot, a copy of which is attached hereto ("Assumption Agreement"), having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute and deliver the Assumption Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2: 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 contract/agreement to effectuate the transactions described therein. SECTION 3. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: November 9, 2015 BY: Dennis Flores City Clerk’s Office Item # M-4 Background Paper for Proposed Resolution COUNCIL MEETING DATE: November 9, 2015 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Earl Wilkinson, P.E., Director of Public Works SUBJECT: A RESOLUTION APPROVING AN ASSUMPTION AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND 200 S. BROADWAY LP, A COLORADO CORPORATION AND AUTHRIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAID AGREEMENT SUMMARY: The Resolution transfers the parking agreement from ALI’I Management, LLC to 200 S. Broadway LP PREVIOUS COUNCIL ACTION: Approval of Resolution No. 12841 authorizing the parking agreement between the City of Pueblo and ALI’I Management, LLC for the lease of 86 parking spaces in the 8th & Court lot. BACKGROUND The parking agreement, approved by Resolution No. 12841, in December 2013 leases 86 spaces in the 8th & Court lot to ALI’I Management, LLC for parking associated with 201 W. 8th Street. The property and building management has been taken over by 200 S. Broadway LP, and as such the parking agreement needs to be transferred. FINANCIAL IMPLICATIONS Denial of the Resolution will result in the loss of $2,580 monthly revenue to the Parking Enterprise. BOARD/COMMISSION RECOMMENDATION: None STAKEHOLDER PROCESS: None ALTERNATIVES: Denial of the Resolution may jeopardize the future of the contract If this Resolution is not approved, the appearance and integrity of the BTC building could be jeopardized. RECOMMENDATION: Approval. Attachments: Assumption Agreement ASSUMPTION AGREEMENT THIS AGREEMENT is entered into this 26th day of October, 2015, by and between the City of Pueblo, Colorado, a municipal corporation ("City") and, 200 S. Broadway LP, Pueblo, Colorado, 81004, a Colorado corporation, 201 W. Stn St., Pueblo, Colorado, 81003. Recitals WHEREAS, City has entered into a Parking Permit Agreement with ALI'I Management, LLC dated January 1, 2014; and WHEREAS,200 S. Broadway LP,wishes to assume ALI'I Management, LLC's rights and obligations under the Parking Permit Agreement; 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. Assumption. 200 S. Broadway LP,hereby assumes and agrees to observe,perform and otherwise discharge when due the obligations of ALI'I Management, LLC under the January 1, 2014 Parking Permit Agreement, a copy of which, marked as Exhibit A, is attached hereto and is incorporated herein by reference. 2. Consent. City hereby consents to 200 S. Broadway LP,assumption of the January 1, 2014 Parking Permit Agreement and City agrees to afford 200 S. Broadway LP,the same rights under the Agreement as previously enjoyed by ALI'I Management, LLC. 3. Effective date. This Assumption Agreement shall become effective on the date set forth above. City of Pueblo, a Munic' orpora 1 Attest: 41141.. City rk i ity Council 200 S. Broadway LP C/O Griffis Blessing 201 W. 8th Street Suite 300 Pueblo, CP 8 103 By: it / _ 'gnature Lisa Hammond on behalf of 200 S. Broadway LP Name Portfolio Manager Title J / J 1i 5 Date