HomeMy WebLinkAbout5285RESOLUTION NO. 528
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
PUEBLO, A MUNICIPAL CORPORATION AND MARY
ELLEN BURRESS RELATING TO TERMINATION OF
LEASE FOR 159 CENTRAL MAIN STREET, PUEBLO,
COLORADO.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
that:
SECTION 1.
The Agreement dated December 12, 1983 between Pueblo,
a Municipal Corporation and Mary Ellen Burress relating
to the cancellation of lease for 159 Central Main Street,
Pueblo, Colorado, a copy of which is attached hereto and
incorporated herein, having been approved by the City
Attorney, is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized
and directed to execute said Agreement for and on behalf
of the City and the City Clerk is directed to affix the
seal of the City thereto and attest same.
ATTEST:
- � � Z.- 'd '& j --
ITY CLERK
INTRODUCED DP_pmher 12 , 1983
BY HAROLD MABIE, JR.
Councilman
APPROVED:
President of the Council
Reception #: 1015958 Date: 08/20/1993 Time: 130 Book: 2675 Page: 478 Chris C. Munoz
Inst.: AGREE Rec Fee: 10.00 Doc Fee: 0.00 Page: 1 of 2 Pueblo Co.C1k.&Rec.
AGREEMENT
THIS AGREEMENT entered into this 12th day of December, 1983
by and between Pueblo, a municipal corporation (herein City) and
Mary Ellen Burress (herein Lessee), WITNESSETH,
WHEREAS, City is the owner of the property known as 159
Central Main Street, Pueblo, Colorado, and
WHEREAS, Lessee occupies the property under a Lease dated
June 18, 1975 which lease grants to Lessee an option to renew
the Lease for an additional ten years extending the term of the
Lease to June 15, 1995, and
WHEREAS, the property was damaged by an explosion on Decem-
ber 25, 1980 and a dispute has arisen between City and Lessee as
to who is responsible to make repairs caused by the explosion, and
WHEREAS, City desires to terminate the Lease and Lessee is
willing to so terminate the Lease upon the terms and conditions
herein set forth.
NOW, THEREFORE, City and Lessee agree as follows:
1. Lessee warrants and represents that she is the surviving
spouse of Garland Burress, deceased, and is his sole heir and
beneficiary and successor in interest to all his right, title
and interest in and to the Lease between Mrs. J. M. Hicks and
Garland Burress dated June 18, 1975 for the property known as
159 Central Main Street, Pueblo, Colorado (herein Lease).
2. The City owns the property known as 159 Central Main
Street, Pueblo, Colorado, subject to the Lease, the property
being legally described as:
The Southeasterly 75 feet and 9 inches of Lot 7, and
all of Lot 6 in Block 62, according to the amended
plat of Block 62, Hobson's Subdivision to Pueblo,
County of Pueblo, State of Colorado (herein Property).
3. The Lease shall terminate March 15, 1984 and Lessee shall
on or before March 15, 1984 vacate the Property, surrender possession
thereof to City, and remove all Lessee's personal property therefrom.
If Lessee shall fail to so vacate the property and surrender pos-
session thereof to City on or before March 15, 1984, Lessee shall
be liable to City for a daily rent of $50.00 for each day after
March 15, 1984 Lessee so withholds possession from City.
4. City shall pay to Lessee the sum of $10,000.00 within
15 days after execution hereof by City.
Book: 2675 Page: 479 ueblo Co.Clku
P age: 2 of 2 &Rec.
5. City and Lessee do hereby mutually release and forever
discharge each other from any and all claims, demands, liabilities,
or actions, except those specifically set forth in this Agreement,
either party now has or may hereafter have against the other party
caused by or arising, directly or indirectly, out of the Lease or
its performance or non - performance by either City or Lessee or the
explosion which occurred on December 25, 1980.
6. This Agreement shall be binding upon and inure to the
benefit of the City and Lessee and their respective heirs,
personal representatives, successors and assigns.
Signed the day and year first above written.
ATTEST:
r"w y Clerk Y
APPROVED:
City Attoy
Pueblo, a Municipal Corporation
Mary len Burress
IWM