HomeMy WebLinkAbout11154City Clerk's Office Item # S11
._7.PUEBLO
coloi
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: April 27, 2026
TO: President Mark Aliff and Members of City Council
CC:
Mayor Heather Graham
VIA:
Clyde Bishop, City Clerk
FROM:
Steven Meier, Director of Parks and Recreation
SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO
SIGN A LEASE BETWEEN THE CITY OF PUEBLO, A COLORADO
MUNICIPAL CORPORATION AND THE PRESBYTERY OF PUEBLO
FOR SUNSET PARK
SUMMARY:
Attached is a Proposed Ordinance approving and authorizing the Mayor to sign an
agreement to lease land from the Presbytery of Pueblo currently operated by the City as
Sunset Park.
PREVIOUS COUNCIL ACTION:
Council approved the original lease agreement for the Sunset Park land on October 26,
1970. The lease agreement was terminated and replaced with an amended lease
agreement in 1971 via Resolution 2813. The agreement was extended in 1996 via
Resolution 7956 and again in 2018 via Resolution 14128.
BACKGROUND:
This property has been utilized by the City as a park continuously since the original lease
agreement between the City and Westminster Presbyterian Church was approved in
1970. Westminster Presbyterian Church closed in September 2025 and was succeeded
by the Presbytery of Pueblo as the owner of the leased premises. This agreement would
provide for a ten-year lease of the Sunset Park land by the City for the sum of $1.00 per
year.
FINANCIAL IMPLICATIONS:
For the duration of the lease term and any extensions, the City will be responsible for
maintenance of the park.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not approved, the City will no longer be able to operate Sunset Park
as a City Park.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
1. Sunset Park Lease Agreement with Presbytery of Pueblo
ORDINANCE NO. 11154
AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR
TO SIGN A LEASE BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION AND THE
PRESBYTERY OF PUEBLO FOR SUNSET PARK
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that;
SECTION 1
The Lease between the City of Pueblo, a Colorado municipal corporation, and the
Presbytery of Pueblo, dated April 13, 2026, a copy of which is attached hereto, having been
approved as to form by the City Attorney, is hereby approved. The Mayor is authorized to execute
and deliver said Lease in the name of the City and the City Clerk is authorized to affix the seal of
the City thereto and attest same.
SECTION 2.
The officers and staff of the City are authorized and directed to perform any and all acts
consistent with this Ordinance and the attached Lease which are necessary or desirable to
implement the transactions described therein.
SECTION 3.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on April 13, 2026.
Final adoption of Ordinance by City Council on April 27, 2026.
Vice Presid t of Ci Council
Action bv the Moor:
Approved on
Disapproved on based on the following objections:
Ma
❑ Council did not act to override the Mayor's veto.
❑ Ordinance re -adopted on a vote of , on
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTP )1
City Clerk
SUNSET PARK LEASE AGREEMENT BETWEEN PRESBYTERY OF PUEBLO ("Lessor")
AND CITY OF PUEBLO, A MUNICIPAL CORPORATION ("Lessee")
THIS LEASE AGREEMENT ("Lease") is entered into as of the last date signed below by
and between the Presbytery of Pueblo ("Lessor") and the City of Pueblo, a Colorado Municipal
Corporation, ("Lessee").
WHEREAS, Lessee entered into an agreement with the Westminster Presbyterian Church
commencing in 1970 and amended subsequently; and
WHEREAS, Westminster Presbyterian Church closed in September 2025, and is succeeded
by Lessor as the owner of real property previously held by Westminster Presbyterian Church; and
WHEREAS, Lessor and Lessee (collectively, "Parties") are desirous of continuing Lessee's
occupancy of a parcel of land located in the southwest corner of Lessor's property for use as a
public playground, park, and similar related recreational amenities; and
WHEREAS, the Parties understand and agree that the amended lease agreement has not
lapsed or expired at any time and has been legally enforceable since the execution of the original
lease.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises,
covenant, and conditions contained herein, Lessor and Lessee agree as follows:
1. Leased. Pro to � , Terip and Rent..
Lessor hereby agrees to lease to Lessee the right and privilege to occupy and use the following
described real property situated in the City and County of Pueblo, and State of Colorado:
A parcel of land approximately 500' [E-W] by 170' [N-S] located in the Southwest Corner
of the former Westminster Presbyterian Church property known as Sunset Park (the
"Property"),
for a term of ten (10) years, expiring on December 31, 2036. Thereafter, the Lease shall
automatically renew on an annual basis, where each renewal term shall begin on January 1 and
end on December 31 of that year, unless terminated. Either party may terminate the Lease by
providing written notice of intent not to renew at least thirty (30) days prior to the end of each
current term. Lessee shall pay Lessor the sum of one dollar ($1.00) per year as Rent for the Property
for the duration of the initial term and any renewal terms.
2. tJse and. Maintenance of the faro ert .
a. Lessee shall use and maintain the Property as a public park and recreation area.
Lessee agrees to seed or maintain grass and utilize the Park as a public park and
recreation area. Lessee is granted the right and privilege of landscaping and erecting
such fixtures, facilities, and improvements as would be necessary or helpful for
playground and recreation purposes. Lessee shall have the privilege of grading said
grounds where necessary.
b. It is expressly understood and agreed that any and all such fixtures, facilities, and
improvements erected by Lessee may be removed by the Lessee upon termination of
this Lease. Any such fixtures, facilities, or improvements remaining on leased
premises upon termination of this Lease shall become sole property of the Lessor.
c. Lessee shall not cause damage to remaining portion of property occupied by Lessor.
Lessor assumes no responsibility for the condition of the premises, and Lessee agrees
to maintain insurance at all times during possession covering any liability which may
be incurred by use or operation of the Park including improvements erected by
Lessee. Lessee further agrees to hold harmless Lessor from all claims or demands
arising out of or by reason of such use of Park.
d. Lessee agrees to pay general taxes, if any, levied against the Park property during the
term of this Lease.
e. Lessee may peacefully have, hold and enjoy the Property, subject to the terms of this
Lease Agreement, provided that Lessee fulfils all of Lessee's covenants and
agreements contained herein.
3. Default.
a. In the event of default at any time by either party in the performance of any of its
covenants and obligations herein contained, and such default is not cured within
thirty (30) days after written notice specifying the default is given by the non -
defaulting Party to the defaulting Party, then, in such event, in addition to all other
rights, the non -defaulting Party shall have the right, upon ten (10) days' notice in
writing to the defaulting Party specifying the date of termination, to terminate this
Lease and Lessor may at such time reenter and take possession of the Leased
Premises.
b. In the event the Parties hereto become involved in litigation arising out of this Lease,
or the performance or breach thereof, the Court shall award costs, expenses, and
reasonable attorney fees to the substantially prevailing Party.
c. If Lessee or City violates any of the terms and provisions of this Lease or defaults
in any of its obligations hereunder, such violation may be restrained or such
obligation enforced by injunction at the instance and request of City or Lessee, as
applicable, without the showing of any special damages or an inadequate remedy at
law.
4. Notices.
All notices, demands or communications of any kind which may be required or desired to be
served, given or made by Lessor upon or to Lessee, under the terms of or in connection with this
Lease Agreement, shall be sufficiently served, given or made (as an alternative to personal service
upon City) if such notice, demand or communication is sent by overnight courier or certified
United States mail, addressed to:
For the City:
City of Pueblo Director of Parks and Recreation
800 Goodnight Avenue
Pueblo, Colorado 81005
with a copy to:
City of Pueblo Law Department
101 W. Riverwalk, 4th Floor
Pueblo, Colorado 81003
(or to such other person or address as may hereafter from time to time be designated for this
purpose by Lessee to Lessor in writing).
For the Presbytery of Pueblo:
Stated Clerk: Janet Ballantyne
10 University Circle
Pueblo, CO 81005
(719) 250-5082
5. Miscellaneous Provisions.
a. This Lease shall be governed by the laws of the State of Colorado and shall be
construed in accordance therewith without reference to such State's choice of law
and/or conflict of law principles.
b. This Lease sets forth the entire and complete understanding and agreement of the
Parties hereto with respect to the subject matter hereof. Lessee acknowledges and
agrees that it has not relied upon any statements, representations, agreements or
warranties of City except such as are expressed herein. This Lease shall be binding
on the Parties, their successors and approved assigns. Upon execution of this Lease,
any lease agreements or amendments between Lessee and Lessor as successor in
interest to Westminster United Presbyterian Church are hereby deemed terminated
and each party shall be released from all obligations thereunder.
c. The provisions of this Lease are and will be for the benefit of City and Lessee only
and not for the benefit of any third party, and accordingly, no third party shall have
any right or remedy hereunder or the right to enforce any provision of this Lease.
Docusign Envelope ID: A8414668-2811-81A8-8393-44A385D080FD
Executed
[SEAL]
ATTEST.
Date:
Nothing in this Agreement is intended, nor should it be construed, to create any
rights, claims, or benefits or assume any liability for or on behalf of any third party,
or to waive any immunities or limitations conferred under federal or state law,
including but not limited to the Colorado Governmental Immunity Act, § 24-10-
101 et seq., C.R.S.
and year first written below.
CITY OF PUEBLO,
a Colorado Municipal Corporation
Sop ad by
BY: 5
MA
llat er G1%t1, Mayor
05/01 /2026 Date: 04/30/2026
APPROVED AS TO FORM:.
I �5,69nod by:
p6yfis
I,a rr 'fjmc R!i , Assistant City Attorney
PRESBYTERY OF PUEBLO
Title:.""
Date: ���