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HomeMy WebLinkAbout6101RESOLUTION NO. 6101 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE STATE OF COLORADO ACTING BY AND THROUGH THE DEPARTMENT OF ADMINISTRATION FOR THE BENEFIT OF THE DEPARTMENT OF REVENUE, LOTTERY DIVISION BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The Lease Agreement dated October 1, 1987 between the City of Pueblo, as lessor and the State of Colorado acting by and through the Department of Administration for the benefit of the Department of Revenue, Lottery Division, copies of which are on file in the office of the City Clerk, having been approved as to form by the City Attorney, is hereby approved. gPr•rrnM 9- The President of the City Council is authorized 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: October 13, 1987 By SAMUEL CORSENTINO Councilman ATTEST: APPRO D: C ty Clerk Ptesident of the City Coun 1 nuns pro tunc CV IIIIS TEASE AGREDdE2-4'T, made and entered into this 1st day of October 19 L_ by and between The City of Pueblo, 1 City Hall Place, Pueblo, Colo ra o hereinafter referred to as "Lessor ", and THE STATE OF COLORADO, acting by and through the Department of Administration for benefit of Department of Revenue, Lottery Division , hereinafter referred to as 'lessee ". WITNESSETH: UMEI AS, as to Lessee, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for pa nt in Fund Number 5100 , C/L Account Nuarber 5021 X . Contract Encumbrance Number C- 934 036 NOW, UBMEFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. Premises, Term, Rent (a) Lessor hereby leases and demises unto lessee the premises known and described as follows: Storage space for, the Lottery Division on the ground floor of the City of Pueblo Maintenance Shop Compound at 211 E. "D" Street, Pueblo, Colorado. and containing Eleven Thousand Seven Hundred Fifty -Eight ( 11,758 ) square feet of net rentable floor area; the leased premises being as shown on the plat attached hereto, mode a part hereof and marked "Exhibit A ". (b) TO HAVE AND TO HOLD the same, together with all appurtenances, unto lessee, for the term beginning nnt.nhPr 1 , , 19 and ending June 80 , 19 , at and for a rental for the full term at an annual rate(s) as shown below: TERM DATE (S) ANNUAL RENT M N MY RENT SQ. Fi00rT COST 10 1 /87 - 000 /92 $8,850-00 $ 737.50 $ .7526 r To be used and occupied as Storage space. Payment shall be made on the first of each month during the term hereof to Lessor at.: 1 City Hall Place, Pueblo, Colorado 81003 , or at such place as Lessor from time to time designates by notice as provided herein. 2. Services by Lessor Lessor shall provide to lessee during the occupancy of said premises, as a part of the rental consideration, the following: None 3. Work Requirements Prior to the premises being occupied by Lessee, Lessor agrees to: None 4.1.8 (1LFASE) Page 1 of 4 Pages 4. Maintenance of Premises Lessor shall, unless herein specified to the contrary, maintain the said premises in good repair and in tenantable condition during the term of this lease, except in the event of damage arising from an act or the negligence of Lessee, its agents or employees. Lessor shall have the right to enter the premises at reasonable times for the purpose of making necessary inspections and repairs or maintenance. 5. Lessor's Ownership Lessor warrants and represents himself to be the owner of, or the authorized representative or agent of the owner of, the leased premises in the form and manner as stated herein, and during the term of this lease covenants and agrees to warrant and defend Lessee in the quiet, peaceable enjoyment and possession of the leased premises. In the event of any dispute regarding Lessor's ownership, Lessor shall immediately, upon request from and at no cost to Lessee, furnish proof thereof by delivering to Lessee an 'Ownership and Encumbrance Letter" issued by a properly qualified title insurance company. 6. Lease Assignment Lessee shall not assign this lease and shall not sublet the demised premises, mmpcx axatadmmx&kxge,=. cxmxg=Lmxmsexacd*3r M and will not permit the use of said premises to any one, other than Lessee, its agents or employees, without the prior written consent of Lessor. 7. Applicable law The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this lease. Any provision of this lease, whether or not incorporated herein by reference, which provides for arbitration by any extra - judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and- void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this lease to the extent that the agreement is capable of execution. 8. Eminent Domain, Termination of Lease If the leased premises shall be taken by right of eminent domain, in whole or in part, then this lease, at the option of either party, shall forthwith cease and terminate and the current rent shall be properly apportioned to the date of such taking; and in such event the entire damages which may be awarded for such taking shall be apportioned between Lessor and Lessee, as their interests appear. 9. Damage and Destruction In the event the leased premises are rendered untenantable or unfit for Lessee's purposes by fire or other casualty, this lease will immediately terminate and no rent shall accrue to Lessor from the date of such fire or casualty. In the event the leased premises are damaged by fire or other casualty so that there is partial destruction of such premises or such damage as to render the leased premises partially untenantable or partially unfit for Lessee's purposes, either party may, within five (5) days of such occurrence, terminate this lease by giving written notice to the other party. Such termination shall be effective not less than fifteen (15) days from the date of mailing of the notice. Rent shall be apportioned to the effective date of termination. 10. Fiscal Funding (a) As prescribed by State of Colorado Fiscal Rules, it is understood and agreed this lease is dependent upon the continuing availability of funds beyond the term of the State's current fiscal period as financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Further, the parties recognize that the act of appropriation is a legislative act, and the Lessee hereby covenants to take such action as is necessary under the laws applicable to the Lessee to timely and properly budget for, request of and seek and pursue appropriation of funds of the Legislature of the State of Colorado which will permit Lessee to make all payments required under this lease during the period to which such appropriation shall apply and Lessee also covenants to fully pursue the available appeals and review of any denial or rejection of such appropriation requests. In the event there shall be no funds made available, this lease shall terminate at the end of the then current fiscal year, with no penalty or additional cost as a result thereof to the Lessee. (b) To make certain the understanding of the parties because this lease will extend beyond the current fiscal year, Lessee and Lessor understand and intend that the cb', gction of the Lessee to pay the annual charges hereunder constitutes a current expense of the Lessee payable exclusively from Lessee's fumds and shall not in any way be construed to be a general obligation indebtedness of the State of Colorado or any agency or department thereof within the maiming of any provision of Sections 1, 2, 3, 4 or 5 of Article XL of the Colorado Constitution, or any other constitutional or statutory limitation or requirement applicable to the State concerning the creation of indebtedness. Neither the Lessee, nor the Lessor on its behalf, has pledged the full faith and credit of the State, or any agency or department thereof to the payment of the charges hereunder, and this lease shall not directly or contingently obligate the State or any agency or department thereof to apply money from, or levy or pledge any form of taxation to, the payment of the annual rental charges. 4.1.8 (2LEASE) Page 2 of 4 Pages (c) With such limitations in mind, Lessee contracts to lease the premises hereinbefore described and has reason to believe that sufficient funds will be available for the full term of this lease. Where, for reasons beyond Lessee's control, Lessee's funding entity does not allocate funds for any fiscal period beyond the one in which this lease is entered into, or does not allocate funds to continue this lease from the then current fiscal period, Lessee having at that time exhausted all efforts to obtain funds for future fiscal period, such failure to obtain funds not resulting from any act or failure to act an the part of Lessee, Lessee will not then be obligated to make the payments remaining beyond Lessee's then current fiscal period. In such event, Lessee shall notify Lessor of such nonallocation of funds by sending written notice thereof to the Lessee forty -five (45) days prior to the effective date of termination. (d) The parties hereto further understand and agree that the only funds that have or may be so appropriated and available for payment under this lease in any one particular fiscal year are for the purpose and in an acmunt sufficient only to pay the rental charges provided for in paragraph 1 above. Therefore, notwithstanding anything herein to the contrary, the payment by the Lessee of any other charges, liabilities, cost, guarantees, waives, hold harmless clauses and any awards thereon of any kind pursuant to this lease against Lessee are contingent upon funds for such purpose(s) being appropriated, budgeted and otherwise made available through the said State of Colorado legislature process. 11. Complete Agreement This lease, including all exhibits, supersedes any and all prior written or oral agreements and there are no covenants, conditions or agreements between the parties except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever unless embodied herein in writing. No subsequent novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. 12. Captions, Construction, and Lease Effect The captions and headings used in this lease are for identification only, and shall be disregarded in any construction of the lease provisions. All of the terms of this lease shall inure to the benefit of and be binding upon the respective heirs, successors, and assigns of both the Lessor and the Lessee. If any portion, clause, paragraph, or section of this lease shall be determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then the remaining portions of this lease shall remain in full force and effect. 13. Federal Funding In the event that any or all funds for payment of this lease are provided by the Federal Government, this lease is subject to and contingent upon the continuing availability of Federal funds for the purposes hereof, and if such funds are not made available this lease may be unilaterally terminated by the Lessee at the end of any month provided a ninety (90) day advance notice of termination is given to the Lessor in writing. 14. No Beneficial Interest The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. 15. No Violation of Law The signatories hereto aver that they are familiar with 18- 8-301, et seq., (Bribery and Corrupt Influences) and 18- 8-401, et seq., (Abuse of Public Office), C.R.S., as amended, and that no violation of such provisions is present. 16. Controller's Approval In accordance with the requirements of 24 -30- 202(1) C.R.S., as amended, this lease shall not be deemed valid until it has been approved by the State Controller, or such assistant as he may designate. 17. Notice Any notice required or permitted by this lease may be delivered in person or sent by registered or certified mail, return receipt requested, to the party at the address as hereinafter provided, and if sent by mail it shall be effective when posted in a U.S. Mail Depository with sufficient postage attached thereto: Lessor: City of Pueblo 1 City Hall Place _ Pueblo, Colorado 81003 Lessee: Colorado Lottery Notice of change of address shall be treated as any other notice. 4.1.8 (3LEASE) Page 3 of 4 Pages 18. Holding Over If lessee shall fail to vacate the premises upon expiration or sooner termination of the lease, Lessee shall be a month- to-wnth Lessee and subject to all the laws of the State of Colorado applicable to such tenancy. The rent to be paid by Lessee during such continued occupancy shall be the same being paid by Lessee as of the date of expiration or sooner termination. 19. Consent Unless otherwise specifically provided, whenever consent or approval of Lessor or Lessee is required under the terms of this lease, such consent or approval shall not be unreasonably withheld or delayed and shall be deemed to have been given if no response is received within 30 days of the date the request was made. If either party withholds any consent or approval, such party shall on written request deliver to the other party a written statement giving the reasons therefore. 20. Lessee Liability Exposure The parties hereto understand and agree that liability of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of 24 -10 -101, et seq., C.R.S., as amended and 24 -30 -1501, et seq., C.R.S., as amended. Any provision of this lease, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified so as to limit any liability of the Lessee to the above cited laws. 21. Additional Provisions See addendum A, attached hereto and made a part of this agreement. 22. This agreement is effective retroactive to October 1, 1987, and all actions of the parties hereto which have taken place prior to the date of execution of this agreement which are in accordance with the terms hereof are ratified and confirmed. �1Q IN WITNESS VMMOF, the parties hereto have executed this Agreement on the day and year first above written. Attest (Seal) / WF.- A By �.F1 i� ` IFL,L, .E o rri 7r! (3 ;�anora€ D CF AMCOOUNIS AND COMNML By_ Sta JAMWX LESSOR: By: resident of City Coun tle 84- 6000615 Social Security Number or &ployer ID LESSEE: SLATE OF CDLORADO, Acting by and through The Department of Revenue Lottery Division and for ROY RCMER, OOVERWR Y- By Execuriye-Dire Deputy Director ►:`��c•.. din 4.1.8 (4IEASE) Page 4 of 4 Pages ADDENDUM A 1. During the effective period of this Lease Agreement, Lessor shall make available to Lessee for storage use in conjunction with its lottery activities at Pueblo, Colorado, without charge except utilities, paid at actual cost per month up to the maximum annual payment of $8,850.00 as noted in provision 1(b), approximately 11,758 square feet of Storage Space on the ground floor of the City of Pueblo Maintenance Shop Compound at 211 E. "D" Street, Pueblo, Colorado. Lessee shall monthly reimburse Lessor the actual cost of utilities for such Storage Space within fifteen (15) days after billing therefor. Lessee shall furnish its own janitorial services. 2. If Lessees actual lottery "headquarters" functions are not continuously located at Pueblo, Colorado, Lessor shall have the right to terminate this agreement upon ninety (90) days prior written notice to Lessee. 3. If Lessee shall default in the performance of any covenant or agreement on its part to be performed hereunder, Lessor shall have the right to terminate this Lease Agreement upon three days written notice to Lessee if Lessee shall fail to cure or correct such default within thirty (30) days after Lessor gives written notice to Lessee specifying such default and demanding that same be cured or corrected. 4. Lessee shall not cause waste to occur on the leased premises and shall make no alterations thereto without consent of the Lessor, which consent shall not be unreasonably withheld, and shall be responsible for normal Lessee maintenance and repairs. 5. Lessor shall not be responsible for any defect or change of condition in the leased premises, nor for any damage thereto nor to any person, nor to goods or equipment contained therein due to any cause whatsoever except the negligence of Lessor, its officers or agents.