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RESOLUTION NO. 5398
A RESOLUTION APPROVING AN AGREEMENT
BETWEEN PUEBLO, A MUNICIPAL CORPORATION
AND ROY LAURICELLO RELATING TO CANCELLATION
OF LEASE FOR LOT 11, BLOCK 59, HOBSON'S
SUBDIVISION, PUEBLO COUNTY, COLORADO.
(308 N. UNION AVE.)
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The Agreement dated May 29, 1984 between Pueblo, a
Municipal Corporation and Roy Lauricello, relating to the
cancellation of lease for Lot 11, Block 59, Hobson's Subdivision,
Pueblo County, Colorado, a copy of which is attached hereto
and incorporated herein, is hereby approved and the City Manager
is authorized and directed to execute the Agreement for and on
behalf of the City.
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Introduced June 11 , 1984
DOUGLAS L. RING
Councilman
ATTEST:
i t k
APPR9VED:
1
President of the Council
AGREEMENT
THIS AGREEMENT entered into this _;2V- day of May, 1984
by and between the City of Pueblo, a Municipal Corporation
(herein "City ") and Roy Lauricello (herein "Tenant "), WITNESSETH:
WHEREAS, City has entered into an Agreement to purchase
Lot 11, Block 59, Hobson's Subdivision, Pueblo County, Colorado
(herein "Property "), and
WHEREAS, Tenant occupies the Property under a Commercial
Lease dated December 30, 1983 (herein "Lease ") as Tenant for
an original term of five years expiring December 31, 1988 with
an option to renew for an additional five (5) years, and
WHEREAS, City and Tenant are desirous of terminating the
Lease;
NOW, THEREFORE, in consideration of the mutual promises
herein contained, City and Tenant agree as follows:
1. The Lease shall terminate August 1, 1984 and Tenant
shall vacate the Property and remove all business fixtures
and equipment therefrom on or before August 1, 1984. If
Tenant shall fail or refuse to deliver possession of the
Property to City on or before August 1, 1984, Tenant shall
be subject to eviction and be liable to City for a daily
rental of $50.00 per day until possession is delivered to
City.
2. City shall pay to Tenant the sum of $7,500.00 upon
Tenant's vacating the Property, removing all business fixtures
and equipment therefrom, and surrendering possession thereof
to City.
3. Tenant does hereby release and forever discharge City
from any and all demands, claims or liability Tenant may have
against City including without limitation for relocation pay-
ments and /or incidental damages, if any, resulting from or in
any manner arising out of the termination of the Lease, Tenant
moving from the Property, or Tenant relocating his business
which is presently conducted on the Property.
4. Tenant shall maintain the Property, all improvements
thereon, and sidewalks adjacent thereto in good order, repair
and condition. Tenant shall pay all utilities used on the
Property and all taxes assessed against Tenant's property.
5. Tenant is familiar with and has inspected the Property.
Tenant shall not attempt to hold City liable for any claim,
damages, loss, or injury to persons or property on the Property
for any cause or reason including without limitation the con-
dition of the Property or any part thereof.
6. All personal property and equipment owned by Tenant
located on the Property will be removed from the Property by
Tenant on or before August 1, 1984. City assumes no liability
relating to such property and equipment, all risk or loss or
damage thereto remains with the Tenant.
7. As to City, Tenant assumes all liability for any
injury or damage to persons or property while on the Property
and Tenant shall indemnify and save harmless City from all
claims, demands, costs and expenses (including reasonable
attorney fees) made against City or incurred or suffered by
City resulting from or arising, directly or indirectly, out
of this Agreement, Tenant's performance hereunder, or acts
or omissions of Tenant, its officers, agents or employees.
8. Tenant shall at its cost obtain and keep in force
during the effective term of this Agreement comprehensive
public liability insurance in amounts and form acceptable to
City's Director of Finance.
9. Notice shall be deemed delivered if mailed by first
class mail, postage prepaid, to:
City, in care of the City Manager, 1 City Hall Place,
Pueblo, Colorado, 81003;
Tenant at 308 North Union Avenue, Pueblo, Colorado,
81003;
10. This Agreement shall be binding upon and inure to the
benefit of City and Tenant and their successors and assigns.
Executed at Pueblo, Colorado the day and year first above
written.
PUEBLO, A MUNICIPAL CORPORATION TENANT
y �. r
City Manager Roy Lauricello
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