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Home My WebLink About07770ORDINANCE NO. 7770 AN ORDINANCE APPROVING A LEASE BETWEEN THE CITY OF PUEBLO AND PUEBLO ZOOLOGICAL SOCIETY RELATING TO FARM LAND LOCATED AT PUEBLO MOUNTAIN PARK AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Lease dated March 24,2008 between the City of Pueblo and Pueblo Zoological Society relating to farm land located at Pueblo Mountain Park, 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 the City Council is authorized to execute and deliver the Lease in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. This ordinance shall become effective upon final approval and passage. INTRODUCED March 24, 2008 PASSED AND APPROVED: April 14, 2008 Background Paper for Proposed ORDINANCE AGENDA ITEM # - ' 2 -7 DATE: March 24, 2008 DEPARTMENT: OFFICE OF THE CITY MANAGER DAVE GALLI, CITY MANAGER DOUG FITZGERALD, ASSISTANT CITY MANAGER THOMAS MARTINEZ, ASSISTANT CITY MANAGER FOR CONTRACT SERVICES TITLE AN ORDINANCE APPROVING A LEASE BETWEEN THE CITY OF PUEBLO AND PUEBLO ZOOLOGICAL SOCIETY RELATING TO FARM LAND LOCATED AT PUEBLO MOUNTAIN PARK AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should the City extend the lease with the Pueblo Zoological Society for five years? BACKGROUND This lease is for a five -year period commencing at the end of the current lease on May 12, 2008. Under the terms of the lease, the Pueblo Zoological Society will be allowed to occupy a portion of Pueblo Mountain Park for the purpose of growing hay, alfalfa, and other crops for use in conjunction with their management of the Pueblo Zoo. RECOMMENDATION Extend the Lease. FINANCIAL IMPACT There is no financial impact to the City. LEASE THIS LEASE entered into as of March 24, 2008 between the City of Pueblo, a municipal corporation, 1 City Hall Place, Pueblo, Colorado, 81003 ("Lessor') and Pueblo Zoological Society, a Colorado nonprofit corporation, 3455 Nuckolls, Pueblo, Colorado, 81005 ("Lessee "), WITNESSETH: 1. Lessor does hereby lease to Lessee and Lessee hereby leases from Lessor subject to the covenants, provisions and conditions herein set forth the land shown and depicted on the attached Exhibit "A," together with all improvements and fences located thereon ( "Leased Premises "). 2. The tens of this Lease is five (5) years commencing May 12, 2008 and ending May 11, 2013 unless sooner terminated as herein provided. 3. Lessee shall pay to Lessor annual rent of One Dollar ($1.00) commencing on May 12, 2008 and on the 12 day of May of each year thereafter. 4. The Leased Premises shall be used and occupied by Lessee for the purpose of growing hay, alfalfa and other crops ("Crops ") for use in conjunction with Lessee's management of the Pueblo Zoo, and for no other purpose whatsoever. 5. Lessee agrees as follows: (a) to well and seasonably put in and tend to the Crops; (b) to accept the gates and fences upon the Leased Premises as they now are and to maintain and keep all gates and fences in good condition and repair; (c) to guard the Leased Premises, improvements, and all gates, fences, trees and shrubbery from all damage and not to remove or allow any person to remove from the Leased Premises any fence, gate, trees, shrubbery, or any other improvements of any kind. 6. If Lessee defaults in any provisions of this Lease, Lessor may terminate this Lease upon thirty (30) days prior written notice given to the Lessee. Lessor and Lessee may terminate this Lease for any reason at any time upon giving to the other party one hundred eighty (180) days prior written notice specifying the date of termination. Upon termination of this Lease, Lessee shall immediately surrender possession of the Leased Premises to Lessor. 7. Any notices required under this Lease shall be in writing and personally served or sent by certified mail, postage prepaid (a) if to the Lessor: City of Pueblo, 1 City Hall Place, Pueblo, Colorado, 81003, Attention: City Manager; (b) if the Lessee: Pueblo Zoological Society, 3455 Nuckolls, Pueblo, Colorado, 81005, or to such other place or address as Lessor or Lessee may from time to time designated in a written notice given to the other party. 8. The Leased Premises is leased by Lessor and accepted by Lessee in its present condition "AS IS," "WHERE IS" and WITH ALL ITS FAULTS." Lessee acknowledges and agrees that Lessor has not made any representation or warrant with respect to the Leased Premises or its condition, environmental or otherwise, or fitness for a particular use. 9. Lessee shall maintain and keep in force at its expenses during the term of this Lease comprehensive general liability insurance including contractual coverage against claims for personal injury, death or property damage arising out of the use or occupancy of the Leased Premises in amounts not less than those specified in §24- 10- 114(1)(a) and (b), C.R.S. or as same may be amended. Lessee shall further provide all workers' compensation coverage which is required under law with respect to its employees. 10. Lessee shall indemnify, defend and hold harmless Lessor and its agents, officers and employees from and against all claims, damages, liability, awards and expenses, including costs and reasonable attorney fees incurred as a result of any act or omission by Lessee, its agents, employees, or subcontractors, or arising, directly or indirectly, out of Lessee's use or occupancy of the Leased Premises. 11. This Lease sets forth the entire understanding between Lessor and Lessee and supercedes all prior oral and written understandings and statements with respect to the Leased Premises. No change, modification or amendment of this Lease shall be valid or enforceable unless set forth in writing and signed by both Lessor and Lessee. 12. This Lease shall be governed by the laws of the state of Colorado and shall be binding upon and inure to the benefit of the Lessor and Lessee and their respective successors and assigns, except that Lessee may not assign or sublet any portion of this Lease or the Leased Premises without the written consent of Lessor. 13. In the event of any litigation arising out of this Lease, the court shall award to the prevailing party all reasonable costs and expenses including attorney fees. Executed at Pueblo, Colorado the day and year first above written. [SEAL] r & LESSOR PUEBLO, A Municipal Corporation By' President of the City Council [SEAL] Attest: Secretary LESSEE PUEBLO ZOO , LOGICAL SOCI Y� s' t PI a 9 0 a y O ^ k7 F 00 a ®I w 1 16 0 9 I9 m� A aesa � a ° w Nod 79 a x tl9 � ` \ 9 ®I w 1 16 0 9 I9 m� A aesa � a ° w Nod 79 � tl9 � ` \ 9 I sa0gl V.LNOON 071AL xaXOH ( -- .. C�} — __ 1W8M '[YNOLLYN'189Y� NY9 \la u�uuuv