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HomeMy WebLinkAbout2285RESOLUTION NO. 2285 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN PUEBLO METROPOLITAN MUSEUM ASSOCIATION AND PUEBLO,. A MUNICIPAL COR- PORATION, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME CITY BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A certain Lease Agreement dated day of January, 1968, 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 PUEBLO METROPOLITAN MUSEUM ASSOCIATION, a Colorado non - profit corporation of Pueblo, Colorado, and PUEBLO, A MUNICIPAL CORPORATION, relating to the use of certain personal property (McClelland Museum Exhibits), be and the same is hereby approved; subject to the conditions as set forth in said Lease Agreement. SECTION 2. The President of the Council is hereby authorized to execute said Lease Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. SECTION 3. Resolution No. 1794, passed and approved November 23, 1964, is rescinded. ATTEST: l City Clerk 1 INTRODUCED , ���� �C �''L 1968 BY GEORGIA E. FARABAUGH Councilman APPROVED: 1 President df he Council 1/3/68 STATE OF COLORADO ) ) SS. ASSIGNMENT OF LEASE COUNTY OF PUEBLO ) Know all men by these presents, that Pueblo Arts Council, Inc., hereinafter referred to as the Council, for the consideration of One Dollar and other good and sufficient consideration in hand paid, hereby grants, bargains, sells, conveys and assigns to the Pueblo Metropolitan Museum Association, hereinafter referred to as the Association, all of its right, title and interest in and to that certain Lease Agreement entered into on the 22nd day of June, 1964 by and between Pueblo, a municipal corporation, hereinafter referred to as the City, and Pueblo Rockhounds, Inc., w'nich said aorce ent was, on the 14th day of December, 1964 assibrcd to the Council, all concerning that building known as the caretakerls house in 1iineral Palace Park in the City of Pueblo, Colorado, and the grounds appurtenant thereunto. Signed and delivered this 1�_, day of January, 1968 PUEBLO ARTS COUNCIL, INC. Ey President ATTEST: 1. Secret - The for e7o r,! instrument Z' +'c:J acknowledged before Vii - mo this 25th day of Jz % - -- , 1965, by Patricia Kellv as President of Pueblo Arts Ccurcil, Inc. 1 gitness Illy hand a notarial Seal. i;y co nr,.ission expires'. ��„ y expires September 10, 1968 y :.ovary Publi The foregoing as igj^ vnt is hc;reby consented to and approved,. PUE3LO, a ` wnicipal Corporation President of tKe ATTvST: City Cl rk APPROVED AS TO FOR -.: City Attorney L E A SE A G R E E M E N T THIS AGREEMENT made this day of January, 1968, between Pueblo, a municipal corporation of the State of Colorado, hereinafter referred to as the City, and The Pueblo Metropolitan Museum Association, hereinafter referred to as the Association, WITNESSETH: The City, for and in consideration of the sum of One Dollar to it in hand paid by the Association, the receipt whereof is hereby acknowledged, and of the covenants and agree- ments hereinafter mentioned to be kept and performed by the Association, its successors and assigns, has demised and let to the Association the personal property described on Exhibit 1 attached to this agreement and made a part hereof by refer- ence, the same being a list and inventory of all items com- monly known as the McClelland museum collection which was formerly housed in the McClelland Public Library; To have and to hold the said described personal property unto the Association, its successors and assigns from the_�day of January, 1968, to and including the 31st day of December, 1968, and from year to year thereafter, un- less either party hereto shall give the other party ninety days' notice of termination of this agreement, but in no event shall this agreement extend beyond December 31, 1977. The Association, in consideration of the leasing of the - 1 - property aforesaid, does covenant and agree to pay the City as rent for said property the sum of One Dollar per year, payable on or before the first day of January of each year, to the Director of Finance, in City Hall, Pueblo, Colorado. The Articles of Incorporation and the Bylaws of the Association are attached hereto and made a part hereof by reference. No alteration, modification, repeal or amend- ment of all or any portion of Articles II, VII or IX of the Articles of Incorporation, or Article VI of the Bylaws, or any Article or portion thereof of the Articles of Incorpora- tion or the Bylaws in any way relating to the property herein demised, or in any way relating to the display or care thereof, shall be made without the previous consent of the City first had and obtained. Failure to obtain such consent shall auto- matically be considered a default by the Association of the terms of this agreement and all rights of the Association hereunder shall thereupon terminate and cease. The Association agrees that it will not sublet said property or assign this lease unless the written consent of the City is first had and obtained thereto. The Association further agrees that it will keep and display all said items in the caretaker's house in Mineral Palace Park in the City of Pueblo, Colorado, at such times and in such manner as it, in its discretion, shall deem best, so long as said items shall not be thereby injured; provided, however, that admission shall be without charge to all persons, - 2 - without regard to race, religious belief or political con- viction. The Association shall not be responsible for the safekeeping of the aforesaid articles for exhibition beyond the exercise of normal precautions, including the hiring of a fulltime caretaker to live in and upon a portion of the premises described as said caretaker's house, and such other precautions as may hereafter be put in force by the Associa- tion for the safekeeping and preservation of the property of the Association itself. At such time as the inventory and evaluation now in progress are completed, the Association agrees to furnish the City as many copies thereof as it may require, and the Association further agrees to account as best it can for any discrepancies between said inventory and that attached hereto. In default of any of the payments set forth herein, or in default of the keeping of any of the covenants herein provided for, the City may retake the said personal property into its possession and the Association hereby agrees that the City may, without process of law, take possession of said property, and for that purpose may enter the caretaker's house at Mineral Palace Park or any other premises where said prop- erty may be kept, displayed, or stored, and to remove the same therefrom, and the Association hereby waives any claim for trespass or right of action for damages by reason of said entry and removal. The license to enter said premises and remove - 3 - said property therefrom is an irrevocable license and a part of the consideration of the leasing of said property. If the Association, or any member thereof, shall remove or attempt to remove the said property from the caretaker's house at Mineral Palace Park without the written consent of the`City, then, and in that case, this lease shall cease and terminate, and the City may enter the premises and take the possession of said property with said license as to entering said premises as herein provided in case of default in payment of rent or of keeping of covenants. IN WITNESS WHEREOF, the parties hereto have caused the same to be subscribed by their properly designated officials the date and year first above stated. CITY OF PUEBLO, Lessor BY President of ouncil ATTEST: City Clerk A OVED AS TO FO City Attorney PUEBLO METROPOLITAN MUSEUM ASSOCI TION, Lessee Chairman of the 4oard of Trustees ATTEST: Secretary - 4 - LAW OFFICES OF ADAMS & ABBOT THATCHER BUILDING - POST OFFICE BOX 94 PUEBLO, COLORADO 61002 WILLIAM H. ADAMS HARPER L. ABBOT ALAN N.JENSEN Gordon D. Hinds, Esq. City Attorney City Hall Pueblo, Colorado Re: Museum Leases Dear Gordon: January 3, 1968 I enclose herewith the originals and twenty photo- copies each of the Lease and Lease Assignment which we dis- cussed yesterday. Attached to all copies of the Lease are photocopies of the Pueblo Metropolitan Museum Association's Articles of Incorporation and Bylaws. Since both the Articles and the Bylaws are fairly detailed in their treatment of the Association's internal operations, it was my thought that the City would wish only the right to approve changes therein relating to the care and display of the McClelland collection. In view of this, the enclosed Lease provides that the Association must obtain the City's permission to change in any way the existing provisions in its Articles and-Bylaws relating to the display and care of the collection, and the Association must specifically obtain permission from the City to change all or any portion of Articles II, VII and IX of its Articles of Incorporation and Article VI of its Bylaws. Article II states the nature of the business of the Association to engage in charitable, scientific and educational work for the benefit of the residents of Pueblo and adjacent areas. Article VII provides that there shall be no capitaliza- tion and no issuance of shares of stock. Article IX provides - 2 - ADAMS & ABBOT Gordon D. Hinds, Esq. January 3, 1968 that membership in the Association and admission to all ex- hibits and other programs shall in no case be based upon con- siderations of discrimination. Article VI of the Bylaws provides that no person connected with the Association shall share in the Association's assets or income. Incidentally, I do not have a copy of the existing inventory. Would you be kind enough to attach it to the Leaser Very truly yours, ADAMS, ABBOT & JENSEN B Alan N. Aensen ANJ /go Encl: