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Home My WebLink About13595 RESOLUTION NO. 13595 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION 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 January 1, 2017 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 January 9, 2017 BY: Chris Nicoll Councilperson APPROVED: VICE-PRESIDENT OF CITY COUNCIL ATTESTED BY: City Clerk’s Office Item # S-1 Background Paper for Proposed Resolution COUNCIL MEETING DATE: January 9, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION 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 Resolutions were passed by City Council on June 22, 2015; 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 Resolution. 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: Sublease Agreement and Consent Agreement AGREEMENT THIS AGREEMENT is entered into with an effective date of January 1,2017 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 January 1,2017,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 Section 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: VICE PRESIDENT OF CITY COUNCIL ATTESTED BY: TY CLERK 1 Senior Resource Development Agency,5iieblo.Inc. ..— -, / J ! P ,,,,: • t-1,41/1 • _41----_-- - BY: . r:4j\ N K K..4._.e i ri .President County of Pueblo ) ) ss State of Colorado ) ,e7 sp Fly foregoing instrument was acknowledged before me this iiif day of bvOA by reAkie, irkhog., K 4 e__i A.) •as President of the Senior Resource Development Agency,Pueblo, Inc. Witness my hand and seal My commission expires:_14 ?0 0 ) I r.Li - ik i, • ME outmost NOTARY PUBLIC STATE OF COLORADO itif Picasso jARY smareirtv:0, /7 ni '.:,..rL..t_),L,‘,?. zi' .. Notary Pub ic 1010 SER-Jobs for Progress National, Inc, BY:Linda Rivas,Executive Vice President County of Dallas ) )ss State of Texas The foregoing instrument was acknowledged betOre me this %. i day of 41ri_ii AL. 20 I t, by Linda Rivas, as F.xecutive Vice President of SFR-Jobs for Progress National, Inc. Witness my hand and seal. My commission expires: i ' IL) ').11 ., . , . , .. I -,' ( f. ,, ‘ ,/ ,1`4. ',01 .1,y/),'" ' •.` ;'," ,.'',.• ' ',. .... Notary )ublic . .. : 0,, ....-,,..!lt,.t:•' i 2 r AGREEMENT 17IIS AGRE1IMENI is made and entered into with an effective date of January 1, 2017 by and between SFR Jobs for Progress National, Inc. (hereinaiier called"SFR") and the Senior Resource Development Agency, Pueblo, Inc.,(hereinafter called"SRDA"). Recitals WHEREAS, SER desires to maintain an office location in the Joseph Hale Edwards Senior Citizen's Center building in Pueblo,Colorado; and WHEREAS,SRDA leases the Joseph Hale Edwards Senior Citizen's Center building from the City of Pueblo (City): and WHTREAS,The City has consented to allow SRDA to lease to SER two office cubicle spaces pursuant to the terms of this agreement. NOW TI IEREFORE, in consideration of the foregoing recitals and other good and valuable consideration,the receipt and adequacy of which is hereby acknowledged,the parties have agreed as follows: 1. TERM OF LEASE. The initial term of this Agreement shall be from January 1.2017 through June 10,2020. At the option of SER and with the consent of SRDA as pertains to the square Iirotage 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 trim, 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. 2. LEASED SPACE. The space to be leased shall be two office cubicle spaces on the 3"r 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 he 216 square feet. 'he 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. 3. COMPENSATION FROM SER FOR SPACE. A. Monthly Payments. SER agrees to pay rent for the initial term, in monthly payments o1 $321.00 per month. B. l Ise Fees. SFR 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; 1 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 !Or the month; 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,K22 square feet)multiplied by the total building maintenance costs for the Joseph I tale 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). 4. 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. S. USE OF SPACE. Subject to the other terms herein, SER shall have the tight 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. SFR 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. 2 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. 8. HOLD HARMLESS AND INDEMNIFICATION. Neither SRl)A 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 acts of SRDA or the City or the agents of SRDA or the City. SER hereby indemnities 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 SFR of the premises except for those claims arising from the intentional act of SRI)A or the City or the agents of SRDA or the City. 9. INSURANCE. SIR represents and acknowledges that it is responsible for providing general commercial liability insurance coverage and to insure all its personal property against loss by any casualty or theft and SER further agrees to hold the City and SRI)A harmless from any loss to said personal property. 10. TERMINATION OF LEASE. SRDA and City understand that SER is a governmentally sponsored entity with governmental funding. Accordingly, SER and SRDA agree that this Agreement may be terminated by either party upon thirty (30)written notice to the other party. 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 Agreement shall be determined to be invalid in any court of law, the rest of the Agreement shall stand and shall be unaffected by such decision. 3 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 arc to he used as finding aids only and are not to affect the interpretation of this agreement. 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. CONTROLLING LAW. This Agreement shall be construed and interpreted according to the laws of the State of Colorado. IN WITNESS WHEREOF,the parties hereunto have set their respective hands and seals to this instrument effective the day and year first written above. SER—Jobs for Progress National,Inc. BY: Executive Vice President The foregoing instrument was acknowledged before me this day of . ar 20 /y, by Linda Rivas, l'xecutive Vice President of SER Jobs for Progress National, Inc. Witness my hand and seal, My conuuiiss�yy fires: l)/ ._AL 4' ( ♦♦ I,� yka••i.` � l e i( _ Norah Public 4 ,' SENIOR RESOURCE DEVELOPMENT AGENCC,PUELBO,INC. / e ✓} I 1'124 442 ter' +, '-'"�...—_ President The foregoin instruu,ment w 'cknowledged before me this o4 '! day of e,z3sh,GI1 20/1= ,by -j .r'r N k- tEL / .as President of Senior Resource Development Agency,Pueblo,Inc. Witness my hand and seal. My commission expires: /�.D_i', /t_7 o.2 . - 4 EVIE DENSFORD Notary Public NOTARY PUBLIC STATE OF COLORADO NOTARY ID 1074/77321 • "MISSION EXPIRES NOV 10,2020 5