HomeMy WebLinkAbout6417RESOLUTION NO. 6417
A RESOLUTION APPROVING A LEASE AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL COR-
PORATION AND STATE OF COLORADO RELATING TO THE
LEASE OF 5.13 ACRES OF LAND TO THE CITY FOR
PARK PURPOSES AND AUTHORIZING THE PRESIDENT OF
THE CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Lease Agreement dated May 23, 1989 between the City of
Pueblo, a Municipal Corporation as Lessee and the State of
Color_dao, acting by and through the Department of Institutions, as
Lessor relating to the lease of 5.13 acres of land to the City for
park purposes for a term beginning July 1, 1989 and ending June
30, 2088, a copy of which is attached hereto and incorporated
herein, having been approved as to form by the City Attorney, is
hereby approved.
SECTION 2
The President of the City Council is authorized to execute
the Lease Agreement in the name of and on behalf of the City and
the City Clerk is directed to affix the seal of the City thereto
and attest same.
INTRODUCED: July 24, 1989
By SAMUEL CORSENTINO
Councilman
ATTEST: APPROVED:
City Clerk Pr sident ofth�eCi�tyC
TJ 36.48
No 8996 �. ' o 2- A rn OCT S , 1989
PUEBLO COUNTY, CU�2ADOFr
9=246" PME497
DEPARTMENT OR AGENCY NUMBER
29 03 02
ROUTING NUMBER CSH -1
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this 23th day of May,
1989, by and between the City of Pueblo, a Municipal Corporation whose
address or principal place of business is 1 City Hall, Pueblo,
Colorado 81003 hereinafter referred to as "Lessee ", and THE STATE OF
COLORADO, acting by and through the Department of Institutions,
Division of Mental Health for the use and benefit of Colorado State
Hospital hereinafter referred to as "Lessor ".
WITNESSETH:
WHEREAS, pursuant to the provisions of House Bill No. 1178
approved April 19, 1989, the State is authorized to convey a leasehold
interest by lease to the Contractor, and
WHEREAS, the Lessee desires Land to establish a park, and
WHEREAS, the Lessor, has such Land and is willing to lease this
Land to be established as a park;
NOW, THEREFORE, 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:
Beginning at the southeast corner of Lot 28 in Block 3,
in Blake's 2nd Addition; thence West and along the
south line of said Bock 3, a distance of 245.99 feet;
thence N 33 00' 31" W. a distance of 289.23 feet;
thence S. 89 48' 22" W. a distance of 141.39 feet;
thence N 02 03' 53" W. a distance of 336.55 feet;
thence N. 87 56' 52" E. a distance of 152.04 feet;
thence N. 77 13' 50" E. a distance of 96.54 feet;
thence South, a distance of 161.50 feet; thence S 89
43' 34" E. a distance of 310.98 feet to the east line
of Lot 28 in Block 2, in Blake's 2nd Addition; thence
South and along the east line of said Blocks 2 & 3, a
distance of 442.19 feet, more or less, to the point of
beginning said parcel contains more or less 5.13 acres.
Page 1 of 6 Pages
Boom24-63 mr,498
(b) TO HAVE AND TO HOLD the same, together with all
appurtenances, unto Lessee, for the term beginning July 1, 1989, and
ending June 30, 2088, at and for a rental for the full term at the
rate shown below:
TERM DATE
TOTAL COST
07/01/1989 - 06/30/2088 $1.00
To be used to establish a park. Payment shall be made on the first
month during the term hereof to Lessor at: Colorado State Hospital,
General Accounting Department, 1600 West 24th Street, 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. Maintenance of Premises. Lessee shall, unless herein
specified to the contrary, maintain the said premises in good repair
and in tenantable condition during the term of this lease.
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 convenants and agrees to warrant and
defend Lessee in the quiet, peaceable enjoyment and possession of the
leases premises.
(a) Lessee shall not object to the Lessor's uses of any
land or buildings adjacent to the aforementioned land.
6. Lease Assignment. Lessee shall not assign this lease and
shall not sublet the real property.
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
Page 2 of 6 Pages
BOOk2463 PAGE499
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 property 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 notice. Rent shall be apportioned to
the effective date of termination.
10. Complete Agreement. This lease, including all exhibits,
supersedes any and all prior written or oral agreements and there are
no convenants, 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.
11. 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.
12. 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.
13. 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.
Page 3 of 6 Pages
6002463 pA6F5C)O
14. Controller's Approval. In accordance with the requirements
of 24 -30- 3202(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.
15. 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:
State of Colorado
Department of Institutions
Division of Mental Health
Colorado State Hospital
1600 West 24th Street
Pueblo, CO 81003
Lessee:
City of Pueblo
A Municipal Corporation
1 City Hall Place
Pueblo, CO 81003
Notice of change of address shall be treated as any other notice.
16. 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 of 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.
17. Lessor Liability Exposure. The parties hereto understand and
agree that liability for claims for injuries to persons or property
arising out of th negligence 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 Lessor to the above cited laws.
18. Purpose of Lease. The Lessor is hereby authorized to convey
a leasehold interest by lease, for ninety -nine (99) years, to the
Lessee for the purpose of establishing a park, subject to all existing
leases, easements, and rights -of -way, if any, and subject to retention
by the Lessor of all oil, gas, and other minerals and mineral rights
and all surface water and water rights appurtenant to the Land herein
described, in the following described parcel of real property located
in the county of Pueblo, state of Colorado, no longer needed for state
purposes:
Page 4 of 6 Pages
Book2463 PAGF501
Beginning at the southeast corner of Lot 28 in Block 3,
in Blake's 2nd Addition; thence West and along the
south line of said Bock 3, a distance of 245.99 feet;
thence N 33 00' 31" W. a distance of 289.23 feet;
thence S. 89 48' 22" W. a distance of 141.39 feet;
thence N 02 03' 53" W. a distance of 336.55 feet;
thence N. 87 56' 52" E. a distance of 152.04 feet;
thence N. 77 13' 50" E. a distance of 96.54 feet;
thence South, a distance of 161.50 feet; thence S 89
43' 34" E. a distance of 310.98 feet to the east line
of Lot 28 in Block 2, in Blake's 2nd Addition; thence
South and along the east line of said Blocks 2 & 3, a
distance of 442.19 feet, more or less, to the point of
beginning said parcel contains more or less 5.13 acres.
19. Signatories. This agreement shall be executed by the
Governor of the State of Colorado and the Executive Director for the
Department of Institutions, attested by the Secretary of State, under
the great seal of the State of Colorado.
20. Insurance. At its own expense, the Lessee shall either
provide evidence of a satisfactory self- insurance program or casualty
insurance to be carried and maintained with respect to the Land and
shall carry public liability and property damage insurance sufficient
to protect the State from liability in all events. The Lessor shall
provide the State annually with evidence of satisfying the insurance
requirements.
Such coverage shall be for the duration of the lease.
21. Encumbrance. The Lessee shall not directly or indirectly
create, incur, assume or suffer to exist any mortgage, pledge, lien,
charge encumbrance or claim on or with respect to the Land.
22. Default. The Lessee shall be deemed to be in default
hereunder upon the happening of any of the following events of
default:
(a) Lessee shall fail within a reasonable time to establish
the leased premises as a park.
(b) Lessee shall fail to provide evidence of insurance
coverage.
23. Default Remedy. Upon the occurrence of an event of default
as specified in Section 21 of this Agreement, and Lessee shall fail to
remedy such event of default with all responsible dispatch within a
period of ninety (90) days after receipt by Lessee or written notice
from Lessor specifying default, then the Lessor shall have the right,
at its option without any further demand or notice to pursue the
following remedy:
Page 5 of 6 Pages
90OH pgF502
Re -enter and take possession of the Land and terminating the
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Lease
Agreement on the day and year first above written
4
l,
11 HA 10 �
Attest '(S , ��t).
By:
Secretar
v f
. '
Ir
Attgst 'Sdgnatu�i�e l,p£ governor
t
h
yZ Se
retary State
APPROVED:
STATE OF COLORADO
Duane Woodward,
Attorney General
By
APPROVED:
LESSEE: City of Pueblo, A Municipal
Corporation
B y: a&�
�
Name
Title: �RES t D r NT 6F
, 6 q 000 (fl 1 'a
Social Security Number or Employeer ID
LESSOR:
Romer, Governor
APPROVED
Ia
ONS
olano, Executive Director
DEPARTMENT OF ADMINISTRATION
VFRIFIFD INFORMATION COPY
{and to c �� ` ali State officials
h t Zan siy...:d h Ye contracts.
requ.r: d a `P
DIVISION OF ACCOUNTS AND CONTROL
James A. Stroup, State Controller
By
Page 6 of 6 Pages