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HomeMy WebLinkAbout5693RE60LUTION NO. 5693 RESOLUTIGN APPRUVING A CONTP.ACT - LEASE:AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE ROSEMOUNT VICTORIAN HOUSE MUSEUM, A COLORADO NON- PROFIT CORPORATION, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE NAME. WHEREAS, the City of Pueblo and the Rosemount Victorian House Museum have agreed to a new contract lease; and WHEREAS, the members of the Pueblo City Council have determined that the contract -lease agreement is Fair, equitable and in the best interest of the citi--ens of Pueblo. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE , .:ITi OF FUEBLO, that: ;ECTION 1: The contract -lease agreement dated September (_�3, 1985 between Pueblo, a municipal corporation, and the Rosemount 'Jictorian House Museum, a Colorado non profit corporation of Pueblo, relating to the McClelland Museum Collections and the grass and grounds surrounding the Rosemount Victorian House Museum is hereby approved. .SECTION : The President of the City Council is authori-zed and directed to execute said contract -lease agreement for and on behalf of the City, and the City Clerk is directed to attest same and offer the seal of the City thereto. INTRODUCED September 23 , 1985 BY DOUGLAS L. RING AF n ATTEST: ��it� Clerk Council CONTRACT -LEASE THIS CONTRACT -LEASE entered into this day of / 1985, by and between the City of Pueblo, a Municipal Corporation, of` the State of Colorado, hereinafter refered to as the City, and the Rosemount Victorian House Museum, a Colorado non - profit corporation of Pueblo, Colorado, hereinafter referred to as the Museum, WITNESSETH: For and in consideration of the following, the parties agree as follows: 1. The City leases to the Museum that property known as the McClelland Museum Collections and additions thereto for the purposes of custodianship and caretaking of said property by the Museum. The terms of the Lease Agreement between the City and Museum concerning said property dated January 1, 1968, as amended, are incorporated into this Contract -Lease except to the extent they are otherwise altered by provisions of this Contract. G. The Museum in turn leases to the City the grass and grounds for the block of property commonly known as the Rosemount Victorian House Museum, located at 415 W. 14th Street, Pueblo, Colorado, exclusive of the improvements thereon, for use as a city park, said grounds to be available to the public for ordinary park uses except for those times when the grounds are necessary for exclusive use by the Museum for special Museum or Museum - related functions. The Museum shall give notice to the City as to when the grounds are to be limited to exclusive Museum or Museum - related use at least thirty (30) days in advance of each function. 3. The City shall maintain said grass and grounds and said maintenance shall be under the supervision of the Pueblo Department of Parks and Recreation Director, the cost of said maintenance to be borne by the City. The City shall not be responsible for the trimming or removal of any trees located on the grounds, the care or treatment of diseased trees or of diseases affecting the trees, nor of the care or maintenance of the water sprinkling system servicing the grounds, nor sidewalks, driveways, walls or any existing structures. 4. The City shall not be liable in any way for any occurance whatsoever relating to said grass and grounds, excepting any matters arising out of its exclusive maintenance and the Museum agrees to indemnify the City, its agents, employees or representatives, and save them harmless from and against any claims or Court actions arising directly or indirectly out of acts of the Museum and/or its employees, or officers, or agents. Said indemnification is to include attorneys fees. 5. The terms of this Contract -Lease shall be effective for two t2) years and shall continue for periods of not less than one (1) year, until cancelled by either or both parties on a 30 day notice in writing. 6. This Lease and Contract shall supersede all other agreements now existence. IN WITNESS THEREOF, the parties hereto have caused the same to be signed by their properly designated officers. ITY OF' PUEBLO, A Municipal Corporation Attest Attest Title Approved as to Form: - /% City Attorney L