HomeMy WebLinkAbout5017�A
RESOLUTION NO. 5017
A RESOLUTION APPROVING LEASE AGREEMENTS INVOLVING
OFFICE SPACE TO BE SUBLEASED FROM THE CITY BY THE
STATE OF COLORADO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, that:
SFCTTnN 1_
The following Leases and Subleases:
(a) Lease between the City as Lessee and Pueblo Partners,
Ltd. as Lessor for approximately 6,829 square feet of office space
on the sixth floor of the United Bank Building and a Sublease of
said premises to the State of Colorado; and
(b) Lease between the City as Lessee and The Belmont Villa,
a partnership as Lessor for approximately 4,959 square feet in
the two -story building located at 701 Court Street, Pueblo,
Colorado, and a Sublease of said premises to the State of
Colorado; copies of which have been distributed to the City
Council and are on file in the office of the City Clerk, are
hereby approved.
SFCTMN 2-
The President of the City Council is hereby authorized and
directed to execute said Leases and Subleases for and on behalf
of the City with such amendments or modifications thereto as
the President and City Manager may approve, and the City Clerk
is directed to attest same and affix the seal of the City thereto.
INTRODUCED: August 9th , 1982
By Mike Occhiato
Councilman
APPROVED:
ATTEST:
M We — nt of - C -
City Cle
AGREEMENT OF LEASE
AGREEMENT OF LEASE, made as of this 20th day of September,
1982, between Pueblo Partners, Ltd., DBA: United Bank Building,
a Texas Partnership having its principal office at 5307 East Mock-
ingbird Lane, Dallas, Texas 75206 (hereinafter referred to as
"Landlord "), and the City of Pueblo, Colorado (hereinafter referred
to as "Tenant "), WITNESSETH: Landlord hereby leases to Tenant and
Tenant hereby leases from Landlord 5740 square feet on the sixth
floor to be available for occupancy at the commencment of this
lease, as hereinafter described, and an additional adjacent 1370
square feet on said floor to be available for occupancy within
90 days thereafter ( "Premises ") in the building known as United
Bank Building ( "Building "), on the corner of 8th Street and Main
Street, in the City of Pueblo, Colorado for a term of two years,
or until such term shall sooner cease and expire as hereinafter
provided, to commence on October 1, 1982 for the 5740 square feet
and on the date remodeling is substantially completed or December
31, 1982 for the 1370 square feet, whichever date shall occur later,
at an annual rent of $7.50 per square foot of space actually occupied
for the first year hereof and $7.80 per square foot of space actually
occupied for the second year, which Tenant agrees to pay in lawful
money of the United States in equal monthly installments in advance
without notice commencing October 1, 1982, and thereafter by the
first day of each month during said term, at the office of Landlord
or such other place as Landlord may designate.
The parties hereto, for themselves, their heirs, distributees,
executors, administrators, legal representatives, successors and
assigns, hereby covenant as follows:
1. RENT: Tenant shall pay the rent as above and as hereinafter
provided.
2. OCCUPANCY: The Premises are leased to Tenant for the sole
purpose of its own use for offices or for sublease to the State of
Colorado for use as a lottery headquarters and offices and for no
other purpose, and Tenant agrees that it will use the Premises in
such manner so as not to interfere with or infringe on the rights
of other tenants in the Building. Tenant agrees not to use or
permit the Premises to be used in violation of any law, ordinance
or regulations of any governmental authority, fire insurance rating
organization or other body having jurisdiction, or any applicable
policy of insurance. Tenant will not permit any nuisance to be
committed in the Premises.
3. REPAIRS; ALTERATIONS: Tenant shall keep the Premises in
good condition and repair. All damage or injury to the Premises
or the Building in which the same are located, caused by the act,
omission or negligence of Tenant, its agents, employees or sublessees
shall be promptly repaired by Tenant, at its sole cost and expense
and to the satisfaction of Landlord. "Premises" in this context
includes all means of ingress and egress directly connected to
the Premises. If the Tenant fails after ten days' notice to
proceed with due diligence to make repairs required to be made
by Tenant, the same may be made by Landlord at the expense of
Tenant and the expenses thereof incurred by Landlord shall be
collectible as additional rent after rendition of a bill or state-
ment therefor. Tenant shall make no alterations, changes or additions
in or to Premises without Landlord's prior written consent, which
consent will not be unreasonably withheld. Tenant hereby indemnifies
and agrees to hold Landlord free and harmless from all mechanic's
liens and all other liabilities, claims and demands, including
those arising from damage or injury to persons or property,
arising out of any work done or materials supplied to the Premises
by or at the request of the Tenant. Landlord agrees to perform
reasonable remodeling of the premises as requested by Tenant prior
to occupancy, which includes but shall not be limited to painting,
carpeting, erection of interior walls, electric wiring and lighting.
Such alterations made by Landlord shall be the property of Landlord
and be surrendered at the termination of this lease. Additional
alterations made by Tenant, with the consent of Landlord, shall
be the sole property of Tenant and shall be removed by Tenant at
the termination of this lease, unless such removal cannot be
accomplished without damage to the Premises which cannot be
repaired by Tenant. Upon the expiration or other termination of
the term of this lease or extensions thereof, Tenant shall quit
and surrender to Landlord the Premises, broom clean, in good order
and original condition, ordinary wear, damage by fire, other insured
casualty or damage caused by acts or negligence of Landlord, its
agents or employees, excepted, and Tenant shall remove all of its
property. Tenant's obligation to observe or perform this covenant
shall survive the expiration or other termination of this lease.
4. SUBORDINATION: This lease is subject and subordinate to
all ground or underlying leases and to all mortgages which may now
or hereafter affect such leases or the real property of which the
Premises are a part and to all renewals, modifications, consolidations,
replacements and extensions of such such underlying leases and
mortgages and to any advances made thereunder, provided that if
any action is taken thereunder which materially adversely affects
Tenant's rights hereunder or increases Tenant's obligations hereunder,
Tenant shall have the right to terminate this Lease upon thirty (30)
days prior notice. This clause shall be self - operative and no
further instrument or subordination shall be required by any ground
or underlying lease or by any mortgagee, affecting any lease or
the real property of which the Premises are a part. In confirmation
of such subordination, Tenant shall execute promptly any certificate
that Landlord may request. Tenant agrees to modify this lease as
may be required by any mortgagee or ground lessee of the Building
provided that no such modification materially adversely affects
Tenant's rights hereunder or increases Tenant's obligations hereunder.
5. INDEMNITY; FIRE INSURANCE: Landlord shall maintain standard
fire and extended coverage insurance on the Building and Premises.
Tenant shall indemnify and save harmless Landlord against and from
all liabilities, obligations, damages, penalties, claims, costs
and expenses for which Landlord shall not be reimbursed by insurance,
including reasonable attorneys' fees, paid, suffered or incurred
as a direct result of any breach by Tenant, its agents, or employees,
of any covenant or condition of this lease, or the carelessness,
negligence or improper conduct of the Tenant, Tenant's agents,
or employees. Tenant's liability under this lease extends to the
acts and omissions of any subtenant, and any agent, or employee
of any subtenant. In case any action or proceeding is brought
against Landlord by reason of any such claim, Landlord will notify
Tenant in writing of such action or proceedings. Tenant shall also
pay all costs, expenses, fines, penalties or damages which may be
imposed upon Landlord by reason of Tenant's failure to comply with
all applicable laws, ordinances and regulations, and fire insurance
requirements, and if by reason of such failure the fire insurance
rate shall be higher than it otherwise would be, then Tenant shall
reimburse Landlord, as additional rent hereunder, for that portion
of all fire insurance premiums thereafter paid by Landlord which
shall have been charged because of such failure by Tenant, and
shall make such reimbursement upon the first day of the month
following such outlay by Landlord. In any case, Tenant shall not
do or keep anything in the Premises that would increase the fire
insurance rate in the Building. Landlord and Tenant agree that
Tenant's contemplated use of the Premises complies with all
applicable fire insurance requirements and will not result in
increasing the fire insurance rate in the Building.
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6. FIRE OR CASUALTY; WAIVER OF SUBROGATION: If the Premises
or the Building be damaged by any casualty covered by the usual
form of standard fire and extended coverage policy, Landlord shall,
except as provided below, repair and rebuild the same after the
settlement and recovery by Landlord or insurance proceeds for such
damage with reasonable diligence to substantially the condition in
which the same existed immediately prior to such damage. Landlord's
obligation under this Article shall in no event exceed the lesser
of (a) the scope of the work done by Landlord in the original
construction of the Premises or (b) the proceeds of any such
insurance policy if Landlord keeps the Building and Premises
insurance against loss or damage by a fire and extended coverage
insurance policy to the extent of eighty percent of the reasonable
value of said Building. Tenant shall be entitled to a reasonable
suspension or diminution of rent payable hereunder during the time
required for restoration and repair according to the portion of
the Premises rendered untenantable. If the Premises or Building
become untenantable for any reason and are not rendered tenantable
by Landlord within thirty (30) days thereafter, Tenant may at its
option, terminate this lease or any extensions thereof, immediately.
Tenant understands that Landlord will not carry insurance of any
kind on Tenant's furniture or furnishings or on any fixtures or
equipment installed by Tenant, and that Landlord shall not be
obligated to repair any damages thereto or replace the same unless
such damage was caused by the negligence of Landlord, its agents
or employees. Notwithstanding the foregoing, each party shall
look first to any insurance in its favor before making any claim
against the other party for recovery for loss or damage resulting
from fire or other casualty, and to the extent that such insurance
is in force and collectible and to the extent permitted by law,
Landlord and Tenant each hereby releases and waives all right of
recovery against the other or anyone claiming through or under
each of them by way of subrogation or otherwise. The foregoing
release and waiver shall be in force only if both releasors'
insurance policies contain a clause providing that such a release
or waiver shall not invalidate the insurance and both parties hereto
agree to obtain such a policy if it can be obtained without additional
premiums.
7. EMINENT DOMAIN: If the Premises or any part thereof shall
be taken in condemnation or under the power of eminent domain,
whether or not by compromise, agreement or settlement, or by a
deed, transfer or conveyance in lieu of condemnation to an entity
having the power of eminent domain, then and in that event, the
term of this lease shall cease and terminate from the date of title
vesting in such proceeding or settlement and Tenant shall have no
claim for the value of any unexpired term of said lease except
that if only an immaterial portion of the Premises is so taken
so that Tenant's conduct of its business therefrom is not substan-
tially hindered, then Landlord may elect for the lease to continue
with an abatement of rent to compensate for the portion of the
Premises so taken.
8. ASSIGNMENT, MORTGAGE: This lease is executed by the
parties with the intention that Tenant will sublease the Premises
to the State of Colorado for use as lottery headquarters and offices.
Tenant, for itself, its successors and assigns, expressly covenants
that except for sublease to the State of Colorado it shall not
assign, mortgage or encumber this agreement, nor underlet, or
suffer or permit the Premises or any part thereof to be used by
others, without the prior written consent of Landlord in each
instance, which consent will not be unreasonably withheld. If
this lease be assigned, or if the Premises or any part thereof
be underlet or occupied by anybody other than Tenant or the State
of Colorado, Landlord may, after default by Tenant, collect rent
from the assignee, under - tenant or occupant, and apply the net
amount collected to the rent herein reserved, but no such assignment,
underletting, occupancy or collection shall be deemed a waiver of
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this covenant, or the acceptance of the assignee, under - tenant
or occupant as Tenant, or a release of Tenant from the further
performance by Tenant of covenants on the part of Tenant herein
contained. The consent by Landlord to an assignment or underletting
shall not in any wise be construed to relieve Tenant from obtaining
the express consent in writing of Landlord to any further assignment
or underletting.
9. DEFAULT: (A) If Tenant defaults in fulfilling any of the
covenants of this lease including the covenants for the payment
of rent, or if the Premises are not occupied or become vacant or
deserted, or if the Premises are damaged by reason of negligence
or carelessness of Tenant, its agents or employees or sublessees,
then, in any one or more of such events, upon Landlord serving
a written 30 days' notice upon Tenant specifying the nature of
said default and upon the expiration of said 30 days, if Tenant
shall have failed to comply with or remedy such default, or if
the said default or omission complained of shall be of a nature
that the same cannot be completely cured or remedied within said
30 -day period, and if Tenant shall not have diligently commenced
curing such default within such 30 -day period, and shall not there-
after with reasonable diligence and in good faith proceed to remedy
or cure such default, then Landlord may serve a written three (3)
days' notice of cancellation of this lease upon Tenant, and upon
the expiration of said three (3) days, this lease and the term
thereunder shall end and expire as fully and completely as if the
expiration of said three (3) day period were the day herein
definitely fixed for the end and the expiration of this lease and
the term thereof and Tenant shall then quit and surrender the
Premises to Landlord but Tenant shall remain liable as provided
in paragraph 10 below.
10. REMEDIES OF LANDLORD UPON CANCELLATION: In case of any
cancellation under paragraph 9 by Landlord, by summary proceedings
or otherwise, the rent shall become due thereupon and be paid up
to the time of such cancellation, together with such reasonable
expenses as Landlord may incur for attorneys' fees, or putting
the Premises in good order.
11. TERMINATION BY TENANT: Tenant may cancel this lease at
any time upon sixty days' prior written notice to Landlord. In
the event, however, that this lease is cancelled within the original
two year term hereof, Tenant shall pay Landlord all Landlord's
remodeling expenses incurred in connection with this lease, up
to but not exceeding $14,000.00.
12. QUIET ENJOYMENT: Landlord covenants and agrees with Tenant
that upon Tenant paying the rent and observing and performing all
the terms, covenants and conditions, on Tenant's part to be observed
and performed, Tenant may peaceably and quietly enjoy the Premises,
subject, nevertheless, to the terms and conditions of this lease.
13. NO WAIVER: No assent or waiver, express or implied, to
any breach of any one or more of the covenants, terms or conditions
hereof shall be deemed or taken to be a waiver of any succeeding
or other breach.
14. SERVICES: Landlord agrees to supply, at its expense, water,
electricity, elevator service, heat and air conditioning during
reasonable hours on usual business days (which is hereby defined
to mean from 8:00 A.M. to 6:00 P.M., Mondays through Fridays, other
than holidays) all as herein provided. Landlord shall not be liable
for any stoppage or interruption of any of said services caused
by riot, strike, labor disputes, order of governments, breakdowns,
accidents, necessary repairs, voluntary compliance with energy
conservation programs or other cause beyond its control. Tenant
agrees to pay for all utilities and other services incurred by
Tenant not specifically provided for herein to be paid by Landlord.
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ELECTRICITY. Landlord will furnish to Tenant, through transmission
facilities installed by the Landlord in the Building, electric
current to be used by Tenant for lighting and normal office usage
(110 volt current in quantities not to exceed that used by type-
writers, desk calculators, and other business machines, such as
are in common use at the date of this lease and normal fixtures
and lamps used for illumination.) Tenant covenants and agrees
that at all times its use of electric current shall not exceed
the capacity of existing feeders to the Building or the risers
or wiring installations; and Tenant may not use any electrical
equipment which, in Landlord's opinion, reasonably exercised,
will overload such installations or interfere with the use thereof
by other tenants of the Building. Landlord shall not be liable
in any way to Tenant for any failure or defect in supply or
character of electric current furnished to the Premises. Landlord
shall install initially all lighting tubes, lamps, bulbs and
ballasts used in the premises. Thereafter Tenant shall furnish
and install all replacement parts therefor and furnish and install
any additional lamps, bulbs and ballasts that Tenant may require
at Tenant's expense. Tenant shall pay for the cost of the installation
of any meter and additional wiring that may be required by his
special use and for the cost of the electricity so used.
15. SUCCESSORS AND ASSIGNS: The covenants, conditions and
agreements contained in this lease shall bind and inure to the
benefit of Landlord and Tenant and their respective heirs, dis-
tributees, executors, administrators, successors, and except as
otherwise provided in this lease, their assigns.
16. ATTORNMENT: Tenant agrees that in the event any proceed-
ings are brought for the foreclosure of any mortgage to which
this lease is subject and subordinate, Tenant will attorn to the
Purchaser at any such foreclosure sale and will recognize such
purchaser as its Landlord under this lease.
17. PREPARATION FOR OCCUPANCY AND POSSESSION: (A) The Premises
shall be completed and initially prepared for Tenant's occupancy
in the manner, and subject to the provisions of the schedule attached
hereto.
(B) The Premises shall be deemed to be Substantially Completed
on the date on which Landlord's Work (as such Work is described
in said schedule) in the Premises has been substantially completed
notwithstanding the fact that minor or insubstantial details of
construction, mechanical adjustment or decoration remain to be
performed, the noncompletion of which would not materially interfere
with Tenant's use of the Premises.
(C) If the substantial completion of the Premises is delayed by
reason of: (1) any act or omission of Tenant or any of its employees,
agents or contractors, including the failure of Tenant to comply
with any of its obligations under said schedule; or (2) any failure
(not due to any act or omission of Landlord or any of its employees,
agents or contractors) to plan or execute Tenant's work with reasonable
speed and diligence; or (3) any substantial changes by Tenant
in its drawings or specifications or any substantial changes or
substitutions requested by Tenant, then the Premises shall be
deemed Substantially Completed on the date when they would have
been Substantially Completed but for such delay.
(D) Landlord shall not be obligated to construct or install at
its expense any improvements or facilities of any kind other than
those required to be performed by Landlord pursuant to said schedule.
Landlord agrees to commence and complete the construction of such
improvement with reasonable diligence.
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18. RESTRICTIVE COVENANT: Tenant covenants and agrees that
no part of the Premises shall be used for any activity now or
hereafter allowed by law to be conducted exclusively by commercial,
industrial, or savings banks or other financial institutions licensed
to accept deposits from the general public in the State of Colorado.
Landlord and Tenant hereby stipulate and agree that the contemplated
use of the Premises for a lottery headquarters and related uses
and activities do not and will not constitute a breach of this
restrictive covenant.
19. RULES AND REGULATIONS: Tenant shall comply with the rules
and regulations contained herein and all reasonable rules and
regulations of the Building, which will at all times be available
for Tenant's inspection in Landlord's office located in the Building.
Landlord shall have the right to amend or revoke such rules and
regulations and to make other reasonable rules and regulations,
provided the same are fairly applied and are promulgated for the
general good of the Building. Nothing in this lease, however,
shall be construed to impose upon Landlord any affirmative duty
or obligation to enforce such rules and regulations or the terms,
covenants or conditions of any other lease, as against any other
tenant, and Landlord shall not be liable to Tenant for violation
of the same by any other tenant.
20. ACCESS: Tenant shall permit Landlord to use and maintain
and replace pipes and conduits in and through the Premises and
to erect new pipes and conduits therein during such time and in
such manner as Landlord and Tenant shall mutually agree. Landlord
may also enter the Premises at reasonable times upon notice to
Tenant and while accompanied by an authorized agent of Tenant.
21. RENEWAL OPTIONS: Upon the expiration of the original
term of this lease and for five (5) years thereafter, Tenant shall
have the annual option to extend this lease for additional one
year terms upon the same terms and conditions as provided herein,
except that annual rent shall increase upon the first such renewal
by $0.78 per square foot above the rent specified for the second
year of the lease term, and thereafter may be similarly renewed
at an annual rental rate increased by $0.78 per square foot above
the rental rate charged for the last preceding renewal. This
lease shall be automatically renewed for each successive one year
renewal term unless Tenant shall give written notice to Landlord
at least thirty (30) days before the end of each prior term of
its intention not to renew.
22. ADDITIONAL SPACE: Should additional space in the sixth
floor of the Building become available for occupancy during the
original term of this lease or any extensions thereof, Landlord
shall give Tenant written notice thereof, and for 30 days thereafter,
Tenant shall have first option to lease such space, or any portion
thereof, upon the same terms and conditions as provided herein,
except that the rent for such additional leased space shall be
at the then prevailing market rate in Pueblo, Colorado.
23. PARKING:
A. Landlord agrees to provide to Tenant without additional
charge, 40 automobile parking spaces in connection with Tenant's
use of the Premises during the effective period of this lease.
At least fifteen of such spaces shall be provided in Landlord's
parking lot immediately adjacent to the Building and the remaining
parking spaces shall be provided in the City of Pueblo public
parking lot located at 8th and Court Streets, Pueblo, Colorado.
B. Landlord may lease from the City of Pueblo, during
the effective term of this leasg,�2 parking spaces in the City of
Pueblo public parking lot located at 8th and Court Streets in
Pueblo at a monthly rental of $13.00 per space for the first year
of this lease, and for each year thereafter at an amount per space
equal to rent Landlord charges its monthly parking customers for
parking spaces in Landlord's parking lot adjacent to the Building.
24. BUILDING MAINTENANCE: Landlord shall be responsible for
maintenance of the Building of which the Premises forms a part.
Landlord shall maintain and keep in good repair common areas and
facilities of the Building, including without limitation, plumbing,
electrical wiring, heating and air conditioning systems, elevators,
hallways, restroom facilities, sidewalks and parking lot facilities
contiguous with the Building and used in conjunction therewith.
25. COMMON AREA USE: Tenant shall have nonexclusive use in
conjunction with Landlord and other Tenants of the Building of
the common areas of the Building providing access to the Premises,
including without limitation, sidewalks, elevators, entrance ways
into the Building, hallways, and sixth floor restroom facilities.
26. LANDLORD'S INDEMNITY: Landlord shall indemnify and save
harmless Tenant from and against all liabilities, obligations,
damages, penalties, claims, costs and expenses for which Tenant
shall not be reimbursed by insurance, including reasonable attorneys'
fees paid, suffered or incurred as a result of any breach by Landlord,
its agents or employees of any covenant or condition of this lease,
or the carelessness, negligence or improper conduct of the Landlord
or its agents or employees. In case any such action or proceeding
is brought against Tenant, Tenant will notify Landlord in writing
of such action or proceedings.
27. ATTORNEY FEES: If suit is filed to enforce any provision
of this lease by one party against the other party hereto, the
prevailing party shall be entitled to an award of attorney fees
and costs incurred in said suit in addition to any other judgment
for damages or other relief such party shall obtain in its favor.
28. Landlord shall provide and furnish janitorial services
for the Premises and each employee from the janitorial service must
be bonded under a fidelity bond for $10,000, and a copy of the bond
to be furnished to the Tenant.
29. SEVERABILITY: If any term or provision of this lease or
the application thereof to any person or circumstance shall to any
extent, be invalid or unenforceable, the remainder of this lease,
or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby and each term and
provision of this lease shall be valid and enforced to the fullest
extent provided by law.
IN WITNESS WHEREOF, the parties hereto have executed this
lease, as of the date first above written.
City of Pueblo
Pueblo Partners, Ltd.
DBA: UNITED BANK BUILDING
B E� G GPI B
Y � Y
President of the City Council
Approved as to Form:
City Attorney
Attes, 6Z�
amity le k
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RULES AND REGULATIONS
I. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which it was designed to carry
and which is allowed by law. Landlord reserves the right to prescribe the weight and position of all safes, business machines and mechanical
equipment. Such installations shall be placed and maintained by Tenant, at Tenant's expense, in settings sufficient, in Landlord's judgement,
to absorb and prevent vibration and annoyance.
2. Whenever the air- conditioning system is in operation, Tenant shall cause the drapes in the Premises to be drawn closed depending
upon the position of the sun. Tenant shall have no right to move internal partitions so as to obstruct or change materially the flow of air in
the Premises. If Landlord consents to the moving of internal partitions, Landlord shall be excused from its obligation to supply air- conditioning
or ventilation meeting the standard of this lease, and Landlord may require Tenant to restore such partitions upon surrender of the Premises.
3. Landlord shall maintain a directory board in the lobby of the Building and shall list thereon the names that Tenant may request from
time to time during the term of this lease, provided that Tenant's listing does not exceed 5 lines. Landlord shall have the right to impose
a reasonable charge for any initial or additional directory listings.
4. Tenant shall-irrsiah- draperies haring finings apprwed-by un -t exterior- vindows, Tenant shall not alter any
interior lighting visible from outside the Building without Landlord's prior written approval.
5. Tenant shall not use or permit the use of the Premises in such a manner as to impair the character or dignity of the Building or impose
any additional burden upon Landlord in the operation of the Building.
6. Tenant shall not list or otherwise publicly advertise for subletting or assigning all or any part of the Premises at a rental rate less than
the fixed annual rental rate and additional rate then payable hereunder for such space, but nothing herein contained shall be deemed the
Landlord's consent to any assignment or subletting.
7. Tenant shall not expose any sign, advertisement, illumination or projection or lettering in or out of the windows or exteriors, or from
the Building, or upon or in any place, except as shall be approved and permitted in writing by the Landlord.
8. Tenant shall not move any safe, heavy machinery, equipment, bulky matter or fixtures into or out of the Building without Landlord's
prior written consent. If such safe, machinery, equipment, bulky matter or fixtures require special handling, all work in connection therewith
shall comply with all laws and regulations applicable thereto and shall be done during such hours as Landlord may designate.
9. Landlord shall furnish floor coverings, paint, exterior draperies
and all standard electrical outlets. In the event the tenant needs additional
electrical service or additional heating and cooling for a computer room,
tenant shall provide additional amount at its cost.
APPROVED this 20th day of September , 19 82
PUEBLO PARTNERS, LTD.
BY: awm
CITY OF PUEBLO
BY: d'/ ��� A • 1G�
LEASE
THIS LEASE made and entered into this t z�r day of � rt TEiv�- �
1982, by and between the CITY OF PUEBLO, COLORADO, for itself and
its assigns, hereinafter called the LESSEE, and THE BELMONT VILLA
(a partnership), hereinafter called the LESSOR. WITNESSETH:
Lessor and Lessee for themselves and their successors and
assigns in consideration of the mutual promises herein contained
agree as follows:
1. The Lessor does hereby lease to Lessee and Lessee does
hereby take and hire from Lessor for a monthly rental of $1,600.00,
subject to,increase as provided in paragraph 14 hereof, the following
described premises:
4,959 square feet of net usable office space on the west
portion of the second floor (herein Premises) of a two -story
building located at 701 Court Street, Pueblo, Colorado (herein
Building),
to be used exclusively for a data entry center or office space.
2. TO HAVE AND TO HOLD the Leased Premises with their appur-
tenances for the term of ten (10) years beginning October 1, 1982
and ending September 30, 1992.
3. The Lessee shall have the right to sublease the Premises
to the State of Colorado, however, Lessee shall not otherwise assign
this lease or sublet the Premises without prior written consent of
Lessor, which consent will not be unreasonably withheld.
4. Lessor shall furnish and supply water, electricity,
elevator, service, heat, controlled humidity, and air conditioning.
The Premises shall be completed and prepared for occupancy by the
State of Colorado as Lessee's sublessee on or before October 1,
1982 in the manner and in conformity with the Data Entry Center
Specifications consisting of three pages attached hereto and
incorporated herein. Lessee shall be responsible for the con-
struction and installation of the specified eight (8) movable
hexagonal work station islands including the six (6) electrical
outlets for each hexagonal work station. Lessor shall be responsible
for the installation and construction of the remaining specified
improvements and facilities. Lessor shall not be responsible or
obligated to construct or install any other improvements or
facilities other than those specified in this Lease.
5. The Lessee shall have the right to make alterations,
attach fixtures and erect additions, structures, or signs, in or
upon the Premises (provided such alterations, additions, structures,
or signs shall not be detrimental to or inconsistent with the rights
granted to other tenants in the Building); which fixtures, additions
or structures including the hexagonal work stations so placed in
or upon or attached to the Premises shall be and remain the property
of the Lessee and may be removed therefrom by the Lessee prior to
or within 15 days after the termination of this lease, and the
Lessee, if required by the Lessor, shall restore the Premises to
the same condition as that existing at the time of entering upon
the same under this lease, reasonable and ordinary wear and tear,
and damages by the elements and by circumstances over which the
Lessee has no control, excepted; provided, however, that if the
Lessor requires such restoration, the Lessor shall give written
notice thereof to the Lessee 30 days before the termination of
the lease.
6. The Lessor shall, unless herein specified to the contrary,
maintain the Premises in reasonable repair and tenantable condition
during the continuance of this lease, except in case of damage
arising from the act or the negligence of the Lessee's agents or
employees. For the purpose of so maintaining the Premises, the
Lessor reserves the right at reasonable times to enter and inspect
the Premises while accompanied by a representative of Lessee and
to make any necessary repairs thereto.
7. Lessor shall during the effective period of this lease
procure and keep in force standard fire and extended insurance
on the Building and Premises. If the Premises be destroyed by
fire or other casualty, this lease shall immediately terminate.
In case of partial destruction or damage, so as to render the
Premises untenantable, rent shall abate until the Premises again
-2-
become tenantable and either party may terminate the lease by
giving written notice to the other within twenty (20) days thereafter,
and if so terminated no rent shall accrue to the Lessor after such
partial destruction or damage.
8. Financial obligations of the State of Colorado as Lessee's
sublessee and the Lessee after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted and otherwise
made available, and this lease is subject to such a contingency.
9. Lessor warrants and represents that it is the owner of
the Premises and that during the term of this lease Lessor covenants
and agrees to warrant and defend Lessee in the quiet and peaceable
enjoyment and possession of the Leased Premises.
10. Lessor will prior to October 1, 1982 do and perform the
following to the satisfaction of Lessee:
(a) partition the Premises as needed and paint interior walls;
(b) make available required air conditioning and humidity
control for the computer equipment and heat and air conditioning
for the balance of the Premises;
(c) install security lighting in parking lots surrounding
the Building;
(d) remodel first floor entry inside Building for access to
elevator by lessees of second floor. If additional space on second
floor is leased to another tenant, Lessor will provide mutually
acceptable corridor or other access from elevator to the west portion
of the Building to be leased which will be separated from other
lessees. All access to the Premises will be secure from use by
others; and
(e) provide a back door with security entrance into the Premises.
11. Lessor and Lessee do hereby mutually release each other,
their agents and employees, from any liability for loss or damage
to each other's property whether or not caused by the negligence
or fault of the other, its agents or employees. This release shall
apply only to the extent that such loss or damage to the other's
property is covered by insurance and only if this release will
not affect the right to recover under such insurance.
-3-
12. If the Sublease for the Premises between the Lessee and
the State of Colorado for the use of the Premises as a data entry
center is terminated for any reason after September 1, 1984, Lessee
shall have the right to terminate this lease upon sixty (60) days
prior written notice to Lessor specifying the date of termination.
13. Lessee shall reimburse Lessor for utilities, gas and water
based on a pro -rata share of utilities consumed, computed by dividing
4,959 by the total gross square footage of the Building and multi-
plying that result by the utility bill after excluding all equipment
and service call charges. Lessee reserves the right to audit utility
bills to ensure they are correct and the pro -rata share computed
properly. Such reimbursement shall be paid monthly within ten
(10) days after receipt of statement therefor. All charges for
electrical services used or consumed by Lessee shall be separately
metered and paid by Lessee. Lessee shall furnish and provide its
own janitorial services for the Premises.
14. The monthly rent to be paid by Lessee under paragraph 1
hereof shall be increased by the following percentages: 6% at the
end of the third year, sixth year, and ninth year.
15. Lessor shall be responsible for maintenance of the Building
and shall maintain and keep in reasonable good repair common areas
and facilities of the Building including without limitation plumbing,
electrical wiring, heating and air conditioning systems, elevator,
hallways, restroom facilities, employee lounge, sidewalks, Building
entrance ways, fire escapes, and parking areas used in connection
with the Building.
16. Lessee and Lessee's sublessee and its employees shall have
nonexclusive use in conjunction with other lessees of the Building
and their employees of the following: common areas, facilities
providing access to the Premises, restroom facilities, employee
lounge, and parking areas. Lessor warrants and agrees that the
use of parking areas adjacent to and used in connection with the
Building will be limited and restricted to lessees of the Building
and their employees.
MEM
17. All notices or communications concerning this lease by
Lessor shall be addressed to City Manager, City of Pueblo, 1 City
Hall Place, Pueblo, Colorado, 81003 and by Lessee to The Belmont
Villa, P.O. Box 11301, Pueblo, Colorado, 81001.
LESSOR:
The Belmont Villa, a partnership
- % j L ...a
- - ,
a 4rt W.
By
Partner
LESSEE:
City of Pueblo, Colorado
B y ZZ6�Lu a t
President of
Attest:! / - �
Approved as to
City Counci
rm:
City Attorne
-5-
�a -
DEPARTMENT OR AGENCY NUMBER
220400
CONTRACT ROUTING NUMBER
GGCC -701
�_� ('/3 _ y
K
SUBLEASE
THIS SUBLEASE made and entered into this day of
1982, by and between the CITY OF PUEBLO,
COLORADO, whose address is 1 City Hall Place, Pueblo, Colorado,
for itself and its assigns, hereinafter called the SUBLESSOR, and
the STATE OF COLORADO, for the use and benefit of the DEPARTMENT
OF ADMINISTRATION, hereinafter called the SUBLESSEE, WITNESSETH:
Sublessor and Sublessee, for themselves and their successors
and assigns, in consideration of the mutual promises herein con-
tained, agree as follows:
1. Sublessor does hereby sublease to Sublessee and Sublessee
does hereby take and hire from Sublessor 4,949 square feet of net
usable office space on the west portion of the second floor (herein
Premises) of a two -story building located at 701 Court Street, Pueblo,
Colorado (herein Building).
2. The term of this sublease shall be ten (10) years from
October 1, 1982 to September 30, 1992 subject to exceptions herein
provided and Sublessee shall use the leased Premises exclusively
for a data entry center and offices associated therewith.
3. This sublease and Sublessee's rights hereunder are subject
and subordinate to the Lease Agreement between Sublessor and The
Belmont Villa, a partnership, dated September 1, 1982, a copy of
which is attached hereto as Exhibit "A" and incorporated herein
(herein Lease). Sublessee agrees to be bound by and to keep and
perform all covenants and conditions contained in the Lease on
the part of the Lessee therein to be kept and performed including
reimbursement of Lessor for utilities, but excluding the payment
of rent and construction of eight (8) movable hexagonal work stations
which shall remain the obligation of Sublessor. This sublease shall
terminate simultaneously with the termination of the Lease.
- 4. Sublessee shall not assign this sublease in whole or in
part and shall not sublet any part of the Premises without the
written consent of Sublessor, which consent will not be unreasonably
withheld.
5. If Sublessee does not maintain a staffing level of at
least 45.0 full time equivalent employees at such data entry center
in the Premises after September 1983, Sublessor shall have the
right to terminate this sublease upon ninety (90) days prior written
notice to Sublessee specifying the date of termination.
6. Financial obligations of Sublessee payable after the current
fiscal year are contingent upon funds for that purpose being appro-
priated, budgeted or otherwise made available. In the event the
State legislature by legislative act directs that the State data
entry function be returned to the City of Denver, this sublease
may be cancelled by the Sublessee, or, with the Sublessor's consent,
the Premises may be used by another State agency.
7. If Sublessee shall default in the performance of any covenant
or agreement on its part to be performed hereunder, Sublessor shall
have the right to terminate this sublease upon 30 days written
notice to Sublessee if Sublessee shall fail to cure or correct
such default within 30 days after Sublessor gives written notice
to Sublessee specifying such default and demanding that same be
curred or corrected.
8. Sublessee shall keep the Premises in reasonable good repair
and condition, shall provide its own janitorial services, and shall
make no alterations thereto without consent of the Sublessor, which
consent will not be unreasonably withheld.
r
DEPARTMENT OR AGENCY NUMBER
220400
CONTRACT ROUTING NUMBER
GGCC -701
9. If funds are so appropriated by the State legislature for
such purpose, Sublessee will reimburse Sublessor for its costs for
the construction and installation of the eight (8) movable hexagonal
work stations and electrical outlets required to be constructed and
installed by Sublessor pursuant to paragraph 4 of the Lease.
10. Sublessor shall not be responsible for any defect or change
of condition in the Premises or Building, nor for any damage thereto,
nor to any person, nor to goods or equipment contained therein due to
any cause whatsoever except the act or negligence of Sublessor, its
officers, agents and employees. Sublessee will maintain in full
force and effect a general liability insurance policy, naming
Sublessor as an additional insured, providing coverage in such
amounts as are mutually agreed upon and protecting from any and
all claims, demands, and actions arising in connection with Sub -
lessee's use of said Premises or the use thereof by any person
occupying said Premises during the effective period of this sublease,
by reason of the negligence or carelessness of Sublessee or its
agents, or employees. A Certificate verifying such insurance shall
be provided Sublessor along with notices of any cancellation or
renewal thereof.
11. The laws of the State of Colorado and rules and regulations
issued pursuant thereto shall be applied in the interpretation,
execution and enforcement of this contract. Any provision of this
contract whether or not incorporated herein by reference which
provides for arbitration by any extra - judicial body or person or
which is otherwise in conflict with said laws, rules and regulations
shall be considered null and void. Nothing contained in any pro-
vision incorporated herein by reference which purports to negate
this or any other special provision in whole or in part shall be
valid or enforceable or available in any action at law whether by
way of complaint, defense or otherwise. Any provision rendered
null and void by the operation of this provision will not invalidate
the remainder of this contract to the extent that the contract is
capable of execution.
12. If the Premises shall be taken by right of eminent domain,
in whole or in part, for public purposes, then this sublease, at
the option of either party, shall forthwith cease and terminate.
13. In the event the Premises are rendered untenantable or
unfit for Sublessee's purposes by fire or other casualty this sublease
will immediately terminate. In the event the Premises are damaged
by fire or other casualty so that there is partial destruction of
such Premises or such damage as to render the Premises partially
untenantable or partially unfit for Sublessee's purposes, either
party may, within fifteen (15) days of such occurrence, terminate
this sublease by giving written notice to the other party. Such
termination shall be effective not less than 45 days from the date
of mailing of the notice.
14. The signatories hereto aver that they are familiar with
18 -8 -301, et seq., (Bribery and Corrupt Influences) and 18 -8 -401,
et seq., (Abuse of Public Office), C.R.S. 1973, as amended, and
that no violation of such provisions is present.
15. The signatories hereby aver that no State employee has
any personal beneficial interest in the property described herein.
16. This sublease shall not be deemed valid until it shall
have been approved by the Controller or such assistant as he may
designate.
-2-
r
DEPARTMENT OR AGENCY NUMBER
220400
CONTRACT ROUTING NUMBER
GGCC -701
17. All notices or communications concerning,this sublease
by Sublessor shall be addressed to Executive Director, Department
of Administration, 1525 Sherman Street, 7th Floor, Denver, Colorado,
80203, and by Sublessee to City Manager, City of Pueblo, 1 City
Hall Place, Pueblo, Colorado, 81003.
Executed the day and year first above written.
ATTEST: SUBLESSOR:
CITY OF PUEBLO, COLORADO
City CjerlCy i BY 4�
President of the City Council
SUBLESSEE:
STATE OF COLORADO, acting by
and through Department of
Adminiration and for
Richar i D. Lamm, Governor
By
APPROVED
DIVISION OF ACCOUNTS AND CONTROL
` A,
Controller JAMES A . ST R UP
ATTORNEY GENERAL,
STATE OF COLORADO
J. D. !MacF ARLANE
ve
STATE BUILDING DIVISION
B
D' ector
By
JEWEL
ssis ant Solid or 7or al
n ral Leyal Servrc
-3-
Form AC -01 -75
LEASE AGRUMENT
THIS LEASE AGREEMENT made this _2Ott_ day of --�S ___ —_-__ , 19.82:_=, by and
between the- City of - Pueb1� 0 ---- __--- _------- _ —_ - -- whose address or principal place
of business is ___I _Ca Jy�Ja_l_1__.ace,�?taebl o, _Col orado
and for _ - ___ heirs, executors, administrators, successors, and assigns, hereinafter called the Lessor, and
THE STATE OF COLORADO, acting by and through:
____ the_Departmen—t -.- f_.ReY_enu.e - -i - -- -- - - -__- - - - - -- --- - - - - -_ -- -, hereinafter called the Lessee.
WHEREAS, authority exists in the Law and Funds lww hcen hndgeled, appropriated and otherwise made
nvoilable and a sufficient unencumhered h:dance then-of remains av ;61:ihir for p:ryment in Fund Numbvr_51
G/L Amount Numhrr 5902X , Contract Uncmnhrazace Nnmhrr and
WITNESSETH: The parties hereto, for the considerations hereinafter mentioned, covenant and agree as
follows:
1. Lessor hereby leases and demises unto Lessee the premises known and described as follows:
Storage space for the Lottery Division on the ground floor of the City
of Pueblo Maintenance Shop compound at 211 E. "D" Street, Pueblo,
Colorado
r
containing Eleven Thousand 'Seven hundred Fifty- ei_ght _ _. (11, 758___) square feet
of net usable floor area; the leased premises being as shown on the plat hereto attached and made a part hereof,
marked "Exhibit A ".
TO HAVE AND TO HOLD the same, together with till appurtenances, unto Lessee, for the term beginning
October 1 , 1912** and ending September 30 _________ -_ , 1987 __ ,
at and for a rental for the full term at an annual rental of eight thou sand_- ei
hun f- — Dollars computed at the rate of
_-one _ an_d_.77 /1OO_____ __- -- Dollars ($ +_ . 75_) per square foot, payable
in monthly installments of __._sev_e hundred-thirty- seven -an 5- 0f1OD— Dollars
(s 737 ), to be used and occupied as - -storage. -sp ace _ - _--- -_ -_ -_ space.
Payment shall be made on the first of each month during the term hereof, at the
office of Lessor, 1_ City Hall .Pl ace , or at such place as Lessor from time to time designates in writing.
Pueblo, Colorado 81003
consideration, the following:
4. Lessor shall, unless herein specified to the contrary, maintain the said premises in good repair and in
tenantable condition during the term of this lease, except in the event of damage arising from an act or the
negligence of Lessee, its agents or employees. Lessor shall have the right to enter the premises at reasonable
times for the purpose of making necessary inspections and repairs or maintenance.
5. Lessor warrants and represents himself to be the owner of, or the authorized representative or agent of
the owner of, the leased premises in the form and manner as stated herein; and during the term of this lease
Agreement covenants and agrees to warrant and defend Lessee in the quiet, peaceable enjoyment and
possession of the leased premises. In the event of any dispute regarding lessor's ownership Lessor shall
immediately, upon request from and at no cost to Lessee, furnish proof thereof by delivering to lessee an
"Ownership and Encumbrance Letter" issued by a properly qualified title insurance company.
6. Iessee shall not assign this lease and shall not sublet the demised premiscsXElipl�O�dlC�7ttIDSC
*Kmxhe#kKt14aU =kpwptKK and will not permit the use of said premises to any one, other than Lessee,AK-
without the prior written consent of lessor.
1. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in
the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not
incorporated herein by reference which provides for arbitration by any extra - judicial body or person or which is
otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained
in any provision incorporated herein by reference which purports to negate this or any other special provision in
whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate
the remainder of this contract to the extent that the contract is capable of execution.
*See addendum A, attached hereto and made a part of this agreement. y �
* *See addendum B, attached hereto and made a part of this agreement. W"J
Page 1 of pages
15. The parties hereto understand and agree this contract is contingent upon
continuing availability of funds as provided in Special Provision eleven (11)
hereafter, and that the State is prohibited by law from making fiscal carnitments
beyond the term of its current fiscal period. This is defined as "Fiscal Funding."
Therefore, State may terminate this contract as provided in the following paragraph.
15a. State Contracts to lease the office herein described and has reason to
believe that sufficient funds will be available for the full term of the lease
contract. Where, for reasons beyond State's control, its funding entity does not
allocate funds for any fiscal period beyond the one in which this lease contract
is entered into, State has exhausted all efforts to obtain funds legally available
for future fiscal periods and such failure to obtain funds does not result from any
act or failure to act on the part of State, State will not be obligated to make
the payments remaining beyond State's then current fiscal period. In such event,
State shall notify Lessor of such nonallocation of funds by sending written
notice thereof to the Lessor forty -five (45) days prior to the effective date
of termination.
16. The State and Lessor understand and intend that the obligation of the
State to pay the monthly lease charge hereunder constitutes a current expense of
the State payable exclusively from the Department of Revenue's funds and shall
not in any way be construed to be a general obligation indebtedness of the State
or any agency or department thereof within the meaning of any provision of
Sections 1, 2, 3, 4, or 5 of Article XI of the Colorado Constitution or any other
Constitutional or statutory limitation or requirement applicable to the State
concerning the creation of indebtedness. Neither the State, nor the Lessor
on its behal.f, has pledged the full faith and credit of the State or any agency
contract shall not directly or contingently obligate the State or any Department
or Agency thereof to apply money from, or levy or pledge any form of taxation to,
the payment of the installments of lease or rent.
17. This contract, including all exhibits, supersedes-any and all prior
written or oral agreements and there are no convenants, conditions or agreements
between the parties except as set forth in this contract. No prior or contemporaneous
addition, deletion, or other amendment hereto shall have any force or effect
whatsoever unless embodied herein in writing. No subsequent novation, renewal,
addition, deletion or other amendment hereto shall have any force or effect
unless embodied in a written contract executed and approved pursuant to the
State Fiscal Rules. These Fiscal Rules, and the rules and regulations referred
to in Special Provision 7, page 1 of 3 of this contract, are the State of Colorado
Department of Admini , 3tration, Division of Accounts and Control Fiscal Rules
published July 1, 1974. In the event of any conflict, variance or disagreement
the terms and provisions of this State contract (AC- 01 -75) shall supersede, govern
and control those of any addenda, exhibits, or attachments.
18. The State represents that it is exempt from any Federal, State and /or
Local tax assessments, and, therefore, no taxes shall be charged to the State of
Colorado. If tax exemption is unapplicable or should change, the State agrees to
pay all applicable taxes.
Page 2 of 3 pages
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r
Form AC -01 -75 Revised 2 -80
8. EMINENT DOMAIN, TERMINATION OF LEASE. If the leased premises shall betaken by right on
eminent domain, in whole or in part, for public purposes, then this lease, at the option of either party, shall
forthwith cease and terminate and the current rent shall be properly apportioned to the date of such taking; and
in such event the entire damages which may be awarded for such taking shall be apportioned between Lessor and
Lessee, as their interests appear. ,
9. In the event the leased premises are rendered untenantable or unfit for Lessee's purposes by fire or other
casualty this lease will immediately terminate and no rent shall accrue to Lessor from the date of such fire or
casualty. In the event the leased premises are damaged by fire or other casualty so that there is partial destruction
of such premises or such damage as to render the leased premises partially untenantable or partially unfit for
Lessee's purposes, either party may, within five (5) days of such occurrence, terminate this lease by giving written
notice to the other party. Such termination shall be effective not less than fifteen (15) days from the date of
mailing of the notice. Rent shall be apportioned to the effective date of termination.
10. This Lease Agreement shall be binding upon and inure to the benefit of the partners, heirs, executors,
administrators, successors and assigns of the respective parties hereto.
11. Financial obligations of the state of Colorado payable after current fiscal year are contingent on funds
for that purpose being appropriated, budgeted and otherwise made available.
12. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest
whatsoever in the service or property described herein.
13. The signatories hereto aver that they are familiar with 18 -8 -301, et seq., (Bribery and Corrupt
Influences) and 18- 8-401, et seq., (Abuse of Public Office), C.R.S. 1973, as amended, and that no violation of
such provisions is present.
14. This contract shall not be deemed valid until it shall have been approved b the State Controller or such
assistant as he ma desig nate. Refer to provisions 15, 15a, 16, 1� and 18 attached
hereto ana mace a part of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written.
LESSOR:
CITY OF PUEBLO
Title President, City Council
Social Security Number or Employer ID
APPROVED:
DEP T OF ADMI ISTR N
By
Director
S k NE WOOD Rate Buildings Division
STA
ATTORNEY GENERAL
By fix, , I , , -
State Controller
JAI NrtS A. S ROUP
JR.
LESSEE:
STATE OF COLORADO,
Acting by and through
Department of Revenue
and for RIQiA D. LAMM, GOVERNOR
By L,,yca._.
Alan Friedman, Deputy Director, for the
Execgtive Director
General
Page 3 of 3 pages
ADDENDUM A
1. During the effective period of this Lease Agreement, Lessor
shall make available to Lessee for storage use in conjunction
with its lottery activities at Pueblo, Colorado, without
charge except utilities, paid at actual cost per month up
to the maximum annual payment of $8,850.00 as noted in pro-
vision one(1), approximatelyll,758 square feet of Storage
Space on the ground floor of the City of Pueblo Maintenance
Shop Compound at 211 E. "D" Street, Pueblo, Colorado. Lessor
shall perform reasonable remodeling necessary to secure the
leased premises including closure of truck doors with blocks
. installation of a fire-sprinkler system, interior lighting,
small office space and restroom. Lessee shall monthly re-
imburse Lessor the actual costs of utilities for such Storage
Space within 15 days after billing therefor. Lessee shall
furnish its own janitorial services.
2. If Lessee's actual lottery "headquarters" functions are not
continuously located at Pueblo, Colorado, Lessor shall have
the right to terminate this agreement upon ninety(90) days
prior written notice to Lessee.
3. If Lessee shall default in the performance of any covenant
or agreement on its part to be performed hereunder, Lessor
shall have the right to terminate this Lease Agreement upon
three days written notice to Lessee if Lessee shall fail to
cure or correct such default within 30 days after Lessor
gives written notice to Lessee specifying such default and
demandings that same be cured or corrected.
4. Lessee shall not cause waste to occur on the leased premises
and shall make no alterations thereto without consent of th�
Lessor, which consent shall not be unreasonably withheld. r
t-ING MA( l 1VC ) , eMA (. Ge_" e2. 10 WVTCrFV
5. The State shall be liable only as stated in CRS 1973
24 -10 -101 et.seq.
6. Lessor shall not be responsible for any defect or change of
condition in the leased premises, nor for any damage thereto
nor to any person, nor to goods or equipment contained therein
due to any cause whatsoever except the negligence of Lessor,
its officers or agents.
*.
w
ADDENDUM B
1. This lease agreement is being submitted past the beginning term date
due to revisions requested by the Attorney General's office, delays in
negotiating these changes with the City of Pueblo, and difficulties
processing the lease agreement within the administration of the Lottery.