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HomeMy WebLinkAbout02228 • RESOLUTION NO. 2228 ��G` , BETWEEN RETEV0 r A RESOLUTION APPROVING A LEASECITY CHARLES A. BUSWELL, BISHOP OF PUEBLO, CLERK COLORADO, AND PUEBLO, A MUNICIPAL COR- PORATION, RELATING TO THE AREA COMMONLY KNOWN AS STAUTER FIELD, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A certain Lease dated the 28th day of August 1967 , 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 CHARLES A. BUSWELL, Bishop of Pueblo, Colorado, and PUEBLO, a Municipal Corporation, to occupy and use the following described real property situate in the County of Pueblo and State of Colorado for the purposes of public playground, park and similar related recreational facilities for a term of three years from date hereof: Lots 1 to 32 inclusive, of Block 176 in the Colorado Coal & Iron Co's . addition No. 1 of the former City of South Pueblo, now a part of the City of Pueblo, according to the recorded plat of said subdivision, together with all that portion of the vacated alley adjacent thereto, the same being vacated by City Ordinance No. 1187 ; be and the same is hereby approved; subject to certain conditions as set forth in said Lease. SECTION 2 . The President of the Council is hereby authorized to execute said Lease on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. This contract entered into this clay of (10;., v s 1967, by and between CHARLL A. bUSATELL, bishop of Pueblo, Lessor and PUEBLO, Li Municipa l Corporation, Lessee, WIT _NLSSEIH: In consideration of the EMU of ONE ($1 .30) DOL1 and the covenants herein specified, said Lessor hereby levees unto said Lessee t he right and prk, lleeoe uo occupy ond use the 4-o , owing described res reei property Situate in the County of PueLlo, and ,tate of Colorado: Lots 1 to Lnclusive, of gloct 7() in the Colorado CoaI & Iron Co 's . addition No. 1 of the forler (, ' ty of South vueo, now a part of the City Pueblo, acc(irdinv to the re- corded plat ()I said subdivislon, together with all tNor portion of the vacated alley adjacent thereto, the same beint vacated by City Ordinance No. 1187, to be used for the purpose of public playground, park and stailar related recreation facilities, for a terl of three (3) years froa date hereof. In the event Lessee shall relaain in possession of the preaises herein described after the term hereof without further written Egret.- ment of tl e parties, this lease agreeaent shall continue as P tena,ncy at will under the le ter le and conditions ns stipulated heretn . Lessee is given the right and pr4 -ileFe of landscaping cnd erecting such fixtures end facilities, including fences, backstops, seats and grandstands for spectators, po'es, floodlights, and such other improvements PS wil J he helpful or necessary for plawrroune-1 the Lessee may be removed by the Lessee at the termination of this lease . Such landscaping and improvements and fixtures as may be left on the premises at the termination of this lease shall become the exclusive property of the Lessor. The further right is hereby granted to the Lessee to conduct or sublet such concessions as it may desire to be conducted upon the premises and the Lessor will not be entitled to any of the funds earned in this manner . Lessee covenants that it will pay all charges for water ond other utilities on said premises in connection with all recreational and play- ground facilities developed by it . The Lessor specifically reserves the right to use and schedule the premises for the Bantam League Football Games on Saturdays from September 23rd through November 18th and for the Catholic Church Soft- ball League as presently scheduled. The Lessee stall have the privilege of removing the scoreboard and concession building presently located on said property and to trim, prune, or remove trees that may be required from time to time, to grade the premises, to place improvements thereon, and to other- wise improve the premises . The Lessor assums no responsibility for the condition of the premises, and the Lessee expressly agrees to keep the premises insured at all times during its possession thereof so as to protect the public from any liability which may be incurred by reason of the use of operation of the land and facilities c nd improvements placed thereon by Lessee. Lessee further covenants and agrees to save and hold harmless the Lessor from all claims or demands and seals as of the day and year above written. LESSOR: CRARLES A. BU !Mop ofSWE Pue lo ATTEST: /7/ a ,(j, (C)5' 4)44/Pt! LESSEE: PUEBLO, A MUNICIPAL CORPORATION • City C erk By k `2 ( APPROVED AS TO FORM: City Attorney