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HomeMy WebLinkAbout5398J f 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. 0 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 -2-