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HomeMy WebLinkAbout6522RESOLUTION NO. 6522 A RESOLUTION APPROVING A LAND LEASE BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO LIBRARY DISTRICT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Land Lease dated March 26, 1990 for a term of 99 years between Pueblo, a Municipal Corporation and Pueblo Library District, a copy of which is attached hereto, 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 Land Lease in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. ATTEST: w Z City Clerk INTRODUCED March 26, 1990 By KENNETH HUNTER Councilperson APPR resi ent of - the Cou ci 1P.1 "Nome THIS LEASE, dated this `day of March, 1990, is between PUEBLO, A MUNICIPAL CORPORATION, as Landlord, and PUEBIO LIBRARY DISTRICT as Tenant. In consideration of the payment of the rent and the performance of the covenants and agreements by the Tenant set forth herein, the Landlord does hereby lease to the Tenant approximately 1.03 acres of vacant land described on Exhibit " A " attached hereto and incorporated herein and located in the City of Pueblo, State of Colorado, hereinafter referred to as the "premises ". The premises with all appurtenances are leased to the Tenant from the date of April 1, 1990 until the date of March 31, 2089 at and for rental for the full term of $99.00, payable upon the execution hereof. The Tenant, in consideration of the leasing of the premises, agrees as follows: 1. To continually use the premises only for the construction, maintenance and operation of a branch of the Pueblo Library District. 2. To keep the improvements once constructed upon the premises in good repair at the Tenant's expense, and at the expiration of this Lease to surrender the premises and improvements thereon in as good condition as when the Tenant entered upon same, loss by fire, inevitable accident, ordinary wear and tear excepted. To keep all sidewalks on and around the premises and all parking areas free and clear of ice and snow, and to keep the entire exterior premises free from all litter, dirt, debris and obstruction; to keep the premises in a clean and sanitary condition as required by the ordinances of the City of Pueblo. 3. To comply with all applicable codes and ordinances of Landlord and the City of Pueblo Planning and Zoning Requirements with regard to buffering, lighting, landscaping, fencing and parking. 4. To allow the parking area to be used for patrons of the adjoining Belmont Park. 5. To neither hold nor attempt to hold the Landlord liable for any injury or damage, either proximate or remote, occurring or caused by any act or reason whatsoever. 6. To keep the premises insured for the benefit of the Pueblo Library District with fire and extended coverage insurance as the Board of Trustees of said District determines and with liability insurance naming the City of Pueblo as an additional insured in amounts to be determined by the Board of Trustees of the Pueblo Library District, but not less than the amounts set forth in §24 -10- 114(1) of the Colorado Revised Statutes, or as same may be subsequently amended from time to time. 7. To indemnify and hold Landlord and its officers, agents and employees harmless from and against liabilities, losses, claims and demands arising, or alleged to arise, from or in connection with Tenant's use or occupancy of the premises or injury to, or death of, any person or loss or damage to property on or about the premises. 8. To commence construction of improvements on the premises, including without limitation branch library building, landscaping, lighting, sidewalks, curbs and parking within 180 days from date hereof and thereafter diligently prosecute such construction until final completion. 9. If the library building to be constructed on the premises by Tenant is damaged or destroyed by fire or other casualty, and Tenant does not repair or rebuild the library building within 180 days after such fire or casualty, Tenant will, at Tenant's expense, upon Landlord's written request, remove from the premises all improvements specified in Landlord's request within 90 days after the date of Landlord's request. The following additional provisions shall govern this Land Lease: 10. Notwithstanding anything in this Lease to the contrary, for a period of ten (10) years Landlord agrees to maintain the landscaping on the leased premises and to water same in the same manner and as part of the normal maintenance for Belmont Park. Landlord may extend this provision at the expiration of said ten -year period if Landlord chooses to do so. 11. Landlord makes no representation concerning or warranty of title, peaceful and quiet enjoyment of the premises, or condition of the premises. 12. If Tenant shall default in the observance or performance of any provision of this Lease, and if such default continues for sixty (60) days after Landlord gives written notice to Tenant specifying the default (unless such default cannot with due diligence be wholly cured within such 60-day period, in which case Tenant shall have such longer period as shall be necessary to cure the default, so long as Tenant proceeds diligently to cure the same within said 60-day period, prosecutes the cure to completion with due diligence, and advises Landlord from time to time of its actions to cure same), Landlord shall have the right to terminate this Lease upon thirty (30) days prior written notice given by Landlord to Tenant. This Lease shall be binding upon the parties, their successors and assigns. Notwithstanding the foregoing statement, the Tenant shall not be allowed to sublease or assign any interest in the premises without the written consent of the Landlord. PUEBLO, A MUNICIPAL CORPORATION PUEBLO LT Y DISTRICT Landlo Tenant e� �- By ,� , / i -",- I a o the Board of Trustees ATTEST: - 1411 zatd"�(_ City Clerk ATTEST: Se-,retary Thomas E. J City Attorney LEGAL DESCRIP'iION A parcel of land located within the City of Pueblo, County of Pueblo, State of Colorado, to wit: A parcel of land, being a portion of Block 28, Belmont 11th Filing, according to the recorded plat thereof, more particularly described as follows: Beginning at the intersection of the northeasterly line of .Jerry Murphy Road and the northwesterly line of Bonforte Boulevard, said point being tl►e southeasterly corner of said Block 28, Belmont 11th Filing; thence N 41° 45' W, along the northeasterly line of Jerry Murphy Road, a distance of 214.56 feet to the southeast corner of Belmont 7th Filing, according to the recorded plat thereof; thence N 48° 15' E, along the easterly line of said Belmont 7th Filing, a distance of 50.63 feet; thence continuing along the easterly line of Belmont 7th Filing on a curve to the left having a radius of 568.19 feet, a distance of 128.00 feet; thence S 54° 39' 28" E, a distance of 234.78 feet to a point on the northwesterly line of Bonforte Boulevard; thence S 48° 14' W, along the northwesterly line of Bonforte Boulevard, a distance of 230.00 feet to the point of beginning. Said parcel contains 1.03 acres, more or less. EXHIBIT "A"