HomeMy WebLinkAbout5368RESOLUTION NO. 5368
A RESOLUTION APPROVING A LEASE AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION AND PUEBLO PARTNERS LTD. DBA
UNITED BANK BUILDING FOR AN ADDITIONAL
1,523 SQUARE FEET OF SPACE AND SUBLEASE
THEREOF WITH THE STATE OF COLORADO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, that:
Section 1.
The Lease Agreement between the City of Pueblo, a Municipal
Corporation and Pueblo Partners, Ltd. DBA United Bank Building
dated April 9, 1984 and Lease Addendum #1 attached thereto
relating to the lease of an additional 1,523 square feet of
floor space in the United Bank Building, Pueblo, Colorado, to be
subleased to the State of Colorado acting by and through the
Department of Revenue, at no cost to the City of Pueblo, the
original of which is on file with the City Clerk, is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized and
directed to execute said Lease 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.
INTRODUCED April 9, 1984
By ALLYN MIDDELKAMP
Councilman
ATTEST:
i APPROVED:
lCity Clerk
President Of the City Council
AGREEMENT OF LEASE
AGREEMENT OF LEASE, made as of this y gel,
� /dv da of
198 , between Pueblo Partners, Ltd., DBA: United Bank Buildin a Texas
Par nership having its principal office at 5307 East Mockingbird 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
1,523 square feet on the sixth floor to be available for occupancy at the
commencement of this lease, as hereinafter described on said floor
( "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 eighteen (18) months commencing April 1, 1984 thru September
30, 1984 at an annual rate of $8.50 per square foot and on October 1, 1984
thru September 30, 1985 increasing to an annual rate of $9.35 per square
foot, which Tenant agrees to pay in lawful money of the United States in
equal monthly installments in advance without notice 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. If Tenant shall fail to pay the rental as provided herein
within five days of due date as stipulated herein, Tenant agrees to pay
an additional sum in an amount equal to 20 of the monthly rental (but not
less than $25.00) for each monthly rental payment so in default to defray
the additional bookkeeping and collection costs, in addition to the pay-
ment of any other costs incurred by Landlord as provided herein.
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 wort, 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 b 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 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 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 thereafter 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 there-
under 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 lO below."
10. REMEDIES OF LANDLORD UPON CANCELLATION: In cane of any
.cancellation`under.paragraph 9 by Landlord, by summary pr oceedings
or otherwise,'the rent shall become due thereupon and be paid up
to -the time of cancellation, due and within 30 days,
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 twelve'(12) months
of occupancy, Tenant shall pay Landlord all Landlord's remodeling expenses
incurried in connection with this lease, up to but not exceeding $ 6,500.00.
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.
MEM
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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 (09- 30 -85) 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 (First year option period corrmlences 10 -1 -85) upon the same terms
and conditions as provided herein, except that annual rent shall increase
upon the first such renewal by $0.85 per square foot above annual rent
rate at date of renewal option, and thereafter may be similarly renewed
at an annual rental rate increased by $0.85 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.
A. agrees to provide to Tenant without ad onal
r charge, 40 automobile parking spaces in connection with ant's
use of the Premises during the effective period o is lease.
At least fifteen of such spaces shall be pro ed in out
parking lot immediately adjEiaourt th B ilding and the remaining
parking spaces shall be proe City of Pueblo public
0 J� parking lot located at 8th Streets, Pueblo, Colorado.
B. Landl-erfa may lease from the City of Pueblo, during
the effecti erm of this leasW,�2 parking spaces in the City of
Puebl lic parking lot located at 8th and Court Streets in
pu __�_ at a menthly rental of ."-3-00 per spaee for the first year
LJ ) 1k\
r- thereafter at an-a e r -s-p ace
y par ing customers for
r3c ing- 4� }�a�ja: ° mot -te- the - $wilding -r�1 EAE
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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
7
By ;�-; Ve'l
President o t e City Council
Approved as to Form:
City Attorn
Attest:
Tit 'Clerk
Pueblo Partners, Ltd.
DBA: UNITED BANK BUILDING
By
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RULES AND REGULATIONS
1. 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 1 lines. Landlord shall have the right to impose
a reasonable charge for any initial or additional directory listings.
4. Tenant shall install draperies having exterior linings approved by Landlord on all exterior windows, and 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 an amount not to exceed $9.00 per square foot (based
on area equal to 1,523 square feet). In the event tenant needs additional electrical
service, special buildout or additional heating and cooling for a computer room,
tenant shall provide additional amount at its cost.
10. In conjunction with computer usage and /or any other electrical charges other
than that of normal tenant use, tenant shall be responsible for electrical charges of
which have been determined through that of Southern Colorado Power, 115 West 2nd
Street, Pueblo, Colorado 81002, in the amount of $260.64 per month. If KWH is
greater than that determined from current month, the monthly rate will be adjusted
accordingly.
APPROVED this day of
PUEBLO PARTNERS, LTD.
BY:
CITY OF PUEBLO
BY:
LEASE ADDENDUM NO. 1
This Lease Addendum No. 1 entered into the day of
January, 1983 between Pueblo Partners, Ltd., DBA United Bank
Building, a Texas Partnership (herein "Landlord "), and the City
of Pueblo, Colorado (herein "Tenant "), Witnesseth:
Whereas, Landlord and Tenant entered into an Agreement of
Lease dated September 20, 1982 for space in the United Bank
Building, 8th and Main Streets, Pueblo (herein "Agreement "),
and
Whereas, Landlord and Tenant are desirous of modifying
certain provisions of the Agreement.
Now, Therefore, Landlord and Tenant agree as follows:
1. Notwithstanding paragraph 15 of the Agreement, Tenant's
sublessee, the State of Colorado, shall be bound by and to keep
and perform all covenants and conditions contained in the Agree-
ment on the part of Tenant to be kept and performed except for
the following:
a. Paragraph 3, "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 the 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."
b. All of Paragraph 7.
c. All of Paragraph 27.
d. Payment of rent which shall remain the obligation
of the Tenant.
e. Indemnity under Paragraph 5 only up to the limits
of liability set forth in the Colorado Governmental Immunity
Act.
2. This Lease Addendum is not nor shall it be construed
to be a release or waiver of any covenant or obligation of the
Agreement to be performed by Tenant.
Executed in Pueblo, Colorado, the day and year above written.
CITY OF PUEBLO
Y
President of he ,ity Council
PUEBLO PARTNERS, LTD.
DBA: UNITED BANK BUILDING
By
�f • IV
• •
April 6, 1984
Thomas E. Jagger
Attorney at Law
Thatcher Building
Pueblo, CO 81003
Dear Tom:
This is to acknowledge the Colorado Lottery's intent to obtain 1,525 square
feet of space on the sixth floor of the United Bank Building. The Lottery
intends to, under the agreement to sublease and in conformity with the
"Agreement of Lease" between the City of Pueblo and Pueblo Partners, Ltd.,
reimburse the City of Pueblo for the full cost of this additional space.
The Colorado Lottery intends to utilize the space as of April 1, 1984, and
reimburse the City of Pueblo from that date. Accordingly, we have initiated a
contract amendment with the City of Pueblo to effect this intent.
If you have questions, please call.
Sincerely,
Timothy J. Smith
Deputy Director
bjm
cc: Debbie Springle
PUEBLO 546 -2400 • DENVER 832 -6242 • FORT COLLINS 223 -9264 • GRAND JUNCTION 245 -4162