HomeMy WebLinkAbout14128RESOLUTION NO. 14128
A RESOLUTION APPROVING A SECOND LEASE
EXTENSION AGREEMENT BETWEEN THE CITY OF
PUEBBLO, A MUNICIPAL CORPORATION, AND THE
WESTMINSTER PRESBYTERIAN CHURCH, AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE THE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1:
The Second Lease Extension Agreement dated December 26, 2018, by and between the
Westminster Presbyterian Church, Lessor, and the City of Pueblo, a Municipal Corporation,
Lessee, relating to the extension of the Amended Lease Agreement for a parcel of land used for
a public playground, park and related recreational facilities, a copy of which is attached hereto,
having been approved as to form by the City Attorney, is hereby approved.
SECTION 2:
The President of City Council is hereby authorized and directed to execute the Second
Lease Extension Agreement on behalf of the City, and the City Clerk is directed to affix the seal
of the City thereto and attest the 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 Second Lease Extension Agreement
to effectuate the transactions described herein.
SECTION 4:
This Resolution shall become effective immediately upon passage.
INTRODUCED: December 26, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
City Clerk’s Office Item # M-7
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE:
December 26, 2018
TO: President Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Steven Meier, Director of Parks and Recreation
SUBJECT: A RESOLUTION APPROVING A SECOND LEASE EXTENSION
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE WESTMINSTER PRESBYTERIAN CHURCH,
AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE
THE SAME
SUMMARY:
This Resolution will approve a 10-year extension and automatic renewals of the Amended Lease
Agreement between the City of Pueblo and the Westminster Presbyterian Church for property
located southwest of the church, commonly known as “Sunset Park”.
PREVIOUS COUNCIL ACTION:
City Council approved the original Lease Agreement on October 26, 1970. The Lease Agreement
was terminated and replaced with the Amended Lease Agreement on November 22, 1971 through
Resolution 2813. The term of the lease was extended to December 31, 2016 by the Lease
Extension Agreement dated September 23, 1996 through Resolution 7956.
BACKGROUND:
This property has been utilized as a City park and maintained as such by the City since the original
agreement was approved in October of 1970. The most recent extension expired December 31,
2016. Per the terms of the Amended Lease Agreement, the leased property is maintained by the
City as a public park in exchange for the City paying one dollar ($1.00) per year in rent.
FINANCIAL IMPLICATIONS:
Westminster Presbyterian Church is requesting the City pay the sum of one dollar ($1.00) per
year during the term of the lease. Expenses associated with routine maintenance of the turf, trees,
shrubbery, and play equipment have been included within the Park and Recreation Department’s
annual operating budget. Pueblo City Schools also share responsibility for maintenance and
repairs of the irrigation system located at this park site because Sunset Park School is adjacent
to the property.
BOARD/COMMISSION RECOMMENDATION:
None
STAKEHOLDER PROCESS:
The Westminster Presbyterian Church’s governing board met and wishes to continue the lease
with the City. The letter requesting the continuation of the lease is attached hereto.
ALTERNATIVES:
Should Council choose not to approve the lease extension, the property will return to the
Westminster Presbyterian Church and the City would need to remove its onsite play equipment.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Second Lease Extension Agreement
Letter Requesting Lease Extension
Site Map
SECOND LEASE EXTENSION AGREEMENT
THIS SECOND LEASE EXTENSION AGREEMENT("Second Extension") is entered into as
of December 26, 2018 by and between the City of Pueblo, a Municipal Corporation, ("Lessee") and
The Westminster Presbyterian Church ("Lessor").
WHEREAS, Lessor and Lessee entered into the Lease Agreement dated October 26, 1970 for
use of the Lessor's real property described therein for the purpose of a public playground, park, and
related recreational facilities ("Lease"); and
WHEREAS, Lessor and Lessee entered into the Amended Lease Agreement dated November
22, 1971 for use of the Lessor's real property described therein for the purpose of a public playground,
park, and related recreational facilities, and terminating the original Lease ("Amended Lease"); and
WHEREAS, Lessor and Lessee entered into the Lease Extension Agreement dated September
23, 1996, which purported to extend the term of the Lease to December 31, 2016 ("First Extension");
and
WHEREAS, the parties understand and agree that the First Extension was intended to and did
extend the term of the Amended Lease, and that the original Lease was properly terminated by the
Amended Lease; and
WHEREAS,the parties understand and agree that the Amended Lease has not lapsed or expired
at any time and has been legally enforceable since its execution.
NOW,THEREFORE,in consideration of the foregoing and mutual covenants contained herein,
Lessor and Lessee agree as follows:
1. The term of the Amended Lease is hereby extended upon the same covenants and
provisions therein to December 31, 2028. Thereafter, the Amended Lease shall automatically renew on an
annual basis, where each renewal term shall begin on January 1 and end on December 31 of that year,
unless earlier terminated. Either party may terminate the Amended Lease by providing written notice of
its intent not to renew at least thirty (30) days prior to the end of the then current term.
2. Except as expressly modified by this Second Extension,the Amended Lease shall remain
in full force and effect. Any obligations remaining to be performed under the original Amended Lease
by either party are not waived or excused in any manner but shall be fully performed in accordance with
the terms and conditions of the Amended Lease and any amendments thereto. Unless otherwise stated,
all terms shall be as defined in the Amended Lease.
Executed in Pueblo, Colorado as of the day and year first above written.
CITY OF PUEBLO,
[SEAL] A MUNICIPAL CORPORATION
ATTEST;--&11 Vfl—LAfvu BY:
Acting City Clerk v ouncil President
APPROVED AS TO FORM:
.. ..,;,,,,J,.. 1.,./. 0,,,,.....,
Daniel C. Kogovsek, City Atto ey
THE WESTMINSTER
PRESBYTERIAN CHURCH
[SEAL]
ATTEST: BY: (p pou.Q-su,J