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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