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Home My WebLink About09690 ORDINANCE NO. 9690 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE SENIOR RESOURCE DEVELOPMENT AGENCY, PUEBLO, INC., A COLORADO NONPROFIT CORPORATION AND SER – JOBS FOR PROGRESS NATIONAL, INC., A TEXAS NONPROFIT CORPORATION FOR THE SUBLEASE OF OFFICE SPACE WITHIN THE JOSEPH HALE EDWARDS SENIOR CITIZEN'S CENTER BUILDING BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement between the City of Pueblo, a Colorado municipal corporation and the Senior Resource Development Agency, Pueblo, Inc., a Colorado nonprofit corporation and SER – Jobs for Progress National, Inc., a Texas nonprofit corporation, (“Agreement”) dated March 23, 2020, 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 Mayor 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 authorized and directed to perform any and all acts consistent with this Ordinance and the attached Agreement to effectuate the transactions described therein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on March 9, 2020 . Final adoption of Ordinance by City Council on March 23, 2020 . President of City Council Action by the Mayor: ☒ Approved on March 25, 2020 . ☐ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-6 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: March 9, 2020 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE SENIOR RESOURCE DEVELOPMENT AGENCY, PUEBLO, INC., A COLORADO NONPROFIT CORPORATION AND SER – JOBS FOR PROGRESS NATIONAL, INC., A TEXAS NONPROFIT CORPORATION FOR THE SUBLEASE OF OFFICE SPACE WITHIN THE JOSEPH HALE EDWARDS SENIOR CITIZEN'S CENTER BUILDING SUMMARY: Attached is an Ordinance approving and authorizing the Mayor to sign an agreement with the Senior Resource Development Agency, Pueblo, Inc., a Colorado nonprofit corporation (“SRDA”) and SER – Jobs for Progress National, Inc., a Texas nonprofit corporation (“SER”) for the sublease of office space within the Joseph Hale Edwards Senior Citizen's Center Building (“Center”). PREVIOUS COUNCIL ACTION: Similar agreements and Resolutions approving same have been adopted by City Council in the past 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: Rent will be paid by SER to SRDA. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: This Ordinance comes before City Council at the request of the staffs and boards of SRDA and SER. ALTERNATIVES: If the Ordinance is not approved, SER will not be allowed to sublease space in the Center. RECOMMENDATION: Approval of this Ordinance. Attachments: proposed ordinance and proposed Sublease Agreement and Consent Agreement AGREEMENT THIS AGREEMENT is entered into March 23, 2020, with an effective date of January 1, 2020, between the City of Pueblo, a Colorado municipal corporation ("Pueblo") and the Senior Resource Development Agency, Pueblo, Inc., a Colorado nonprofit corporation ("SRDA") and SER-Jobs for Progress National, Inc., a Texas nonprofit corporation ("SER"). WITNESSETH: Recitals a. WHEREAS, City is the owner of the building known as the Joseph Hale Edwards Senior Citizens Center ("Center") located at 230 North Union Avenue, Pueblo, Colorado 81003; and b. WHEREAS SRDA occupies the Center pursuant to a lease agreement with the City dated April 10, 1995; and c. WHEREAS SRDA wishes to sublease a portion of the Center, 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 March 23, 2020, with an effective date of January 1, 2020, a copy of which, marked as Exhibit A is attached hereto and is incorporated herein by reference. 2. SER agrees to abide by all 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). 5. This Agreement may be terminated by any party hereto, with or without cause, upon ninety (9.0) days written notice to the other parties. Unless so terminated, this Agreement will automatically renew on a year-to-year basis. CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION 1 ,1��. ' .ere...r ATTEST: By: Nicholas A. Gradisar, Mayor CLtvvuAn ` Ctet Brenda Armijo, City Clerl Senior Resource Development Agency, Pue lo__I Il/ ",Exr u-.c-• veire a Its: (l. County of Pueblo ) ) ss State of Colorado ) The foregoing instrument was acknowledged before me this I11hday of t1Ylarih, 20 20 by Sic,phe.r G. Nnw rnLk.,i , as Exec u five, Derr Ltir of the Senior Resource Development Agency, Pueblo, Inc. Witness my hand and seal. JAMIE UN DURAN My commission expires: Au uSfi 23 202.2 NOTARY PUBLIC 9 STATE OF COLORADO NOTARY ID 20184033960 MY COMMISSION EXPIRES AUGUST 23,2022 Not ry Public SER-Jobs for Progress National, Inc. / • �`, 0, :,By: Ill'Y'e e.--,i.dcrc+' ,-40.4 cc Its: County of ba0aS ) ss State of Je�C' ) The foregoing instrument waacknowledged before me this I day of , 2Qo by f\ac,LQ 1Q Z , as 44/.9s-r-F)-1-1-74.ex- _CsErb dSER-Jobs for Progress National, Inc. Witness my hand and seal. ``%,�AArv '',,. N N , My commission expire • IC, , , • 2.02.a 0• ° `i e. .c . • �/ p I /!fL/7 -' �� . •;lF O r \`�+P s ► . .;ry Public : •.ow. •o3 0t .••• • 2