The URL can be used to link to this page

Home My WebLink About6550RESOLUTION NO. 6550 • RESOLUTION APPROVING A LEASE BETWEEN PUEBLO, • MUNICIPAL CORPORATION AND THE BOARD OF WATER WORKS OF PUEBLO, COLORADO RELATING TO THE USE OF PARKING SPACES AT THE THIRD AND COURT STREETS MUNICIPAL PARKING LOT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, that: RPrTTnM 1 The Lease dated May 14, 1990 between Pueblo and the Board of Water Works of Pueblo, Colorado relating to the use of 40 parking spaces at the Third and Court Streets municipal parking lot, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. CPrTTnN 7_ The City Council finds and determines that the 40 parking spaces in the municipal parking lot at Third and Court Streets covered by the Lease are surplus to the needs of the City. CPrTTnN q The President of the City Council is authorized to execute and deliver the Lease in the name of Pueblo and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: May 14, 1990 ATTEST: By SAMUEL CORSENTINO Councilman APPROVED: rc�vc.� Cifly Clerk Vice - sident of the City ncil TJ 43.26 LEASE THIS LEASE entered into this 14th day of May, 1990, between Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (herein "City ") and the Board of Water Works of Pueblo, Colorado, 319 West 4th Street, Pueblo, Colorado, 81003 (herein "Lessee "). 1. Premises. City leases to Lessee and Lessee leases from City, subject to and upon the terms and provisions of this Lease, forty (40) parking spaces to be designated by City in City's parking lot located at Third and Court Streets, Pueblo, Colorado. If the parking spaces are properly posted by Lessee and permits issued by Lessee to authorized users of the parking spaces, City will in its normal and customary manner enforce its traffic ordinances applicable to such parking spaces. City, however, shall not be responsible if other persons park motor vehicles in or obstruct Lessee's use of the parking spaces. 2. Use The parking spaces are to be used by Lessee and its employees, customers and invitees for the purpose of parking motor vehicles during the hours of 6:00 A.M. to 6:00 P.M. during weekdays and Saturday. Motor vehicles will be parked only within marked spaces. The parking spaces will be available for use by the general public on Sunday and during the hours of 6:00 P.M. to 6:00 A.M. during weekdays and Saturday. Lessee shall at least quarterly furnish to City the license numbers of motor vehicles authorized by Lessee to park in the parking spaces. 3. Term The term of this Lease shall be twenty (20) years commencing on June 1, 1990 and ending June 1, 2010, unless sooner terminated as herein provided. 4. Rent. Lessee will pay to City, without offset or deduction, monthly rent in the minimum amount of $10.00 for each parking space or a total minimum monthly rent of $400.00 for the 40 parking spaces, in advance without notice or demand, on or before the first day of each calendar month during the term of this Lease with the first month's rent to be paid upon execution hereon. All past due rent shall bear interest at the rate of 12% per annum until paid. City reserves the right, from time to time, to increase the monthly rent for each parking space provided such increases shall be proportionate to rent increases for parking spaces in City's other municipal parking lots in the downtown area of the City and not greater than rents charged at private parking lots or facilities in the downtown area of the City. Lessee will pay the increased rent commencing the first day of the calendar month after Lessee is given written notice by City of such rent increase. 5. Termination. City may terminate this Lease upon twelve (12) months' prior written notice given to Lessee specifying the date of termination. If Lessee meets and complies with all City off - street parking requirements then in effect for its buildings and facilities in the 500 block Court Street, Pueblo, Colorado, Lessee may terminate this Lease upon three (3) months' prior written notice given to City specifying the date of termination. 6. Taxes. Lessee shall pay all real estate taxes, if any, levied or assessed against the parking spaces. 7. Repairs. City shall not be responsible to maintain or to make repairs of any kind in or upon or to the parking spaces. However, City may, at its option, maintain or repair the parking spaces in conjunction with its maintenance and repair of its parking lot wherein the parking spaces are located and for such purpose City may obstruct or deny access to or use of such parking spaces during the period of such maintenance or repairs. Lessee shall not make any repairs, alterations or improvements to or upon the parking spaces without the prior written consent of City. 8. Indemnity City shall not be liable to Lessee or to its employees, customers or invitees for any injury or damage to any person or property in or about the parking spaces or parking lot by or from any cause whatsoever (except those caused by the negligent acts of the City or its employees) and Lessee waives all claims against City therefor. Lessee shall indemnify and hold harmless the City, its officers, agents and employees from and against any and all claims, demands, actions, suits and expenses, including reasonable attorney fees, for any injury or damage to any person or property: (a) when such injury or damage shall be caused in whole or in part by the act, neglect, fault of, or omission of any duty by Lessee, its customers, invitees or employees; or (b) arising out of or resulting from Lessee's or its customers, invitees or employees' use or occupancy of the parking spaces unless caused by the negligent acts of City or its employees. 9. Liability Insurance. Lessee shall at its expense maintain during the effective period of this Lease a policy of comprehensive public liability insurance or self - insurance or self- insurance pool (the "insurance ") insuring against liability for injury to or death of any person and for damage to or loss of property in amounts not less than those set forth in X24 -10- 114(1) or as same may be subsequently amended. Lessee shall furnish City certificates certifying such insurance to be in force. All such insurance shall provide for a minimum of ten (10) days' notice to City in the event of nonrenewal, cancellation or material changes in the terms thereof. 10. Assignment. Lessee shall not assign or otherwise transfer this Lease or any of Lessee's interest herein or sublease the parking spaces or any part thereof. Any such assignment, transfer or sublease shall be void and ineffective as to the City and shall constitute grounds to terminate this Lease. 11. Signs. Lessee shall not, without City's prior written -2- consent, install, affix or use any sign or other advertising or indentifying media on or within the parking spaces. 12. Default. If Lessee defaults in the payment of rent of fails to perform or observe any of the conditions and covenants on its part to be performed or observed hereunder, and such default or failure shall continue for a period of ten (10) days after written notice thereof has been given to Lessee by City, then and in that event, City may (a) terminate this Lease and forthwith repossess the parking spaces, or (b) City may retake possession of the parking spaces and without terminating this Lease relet the parking spaces for the remainder of the term, and if the rent received from such reletting does not equal the rent provided for herein, Lessee shall be liable for the difference between the amount of the rent provided for herein and the rent received through reletting. 13. Waiver. Failure or in connection with a default partial or full payment of rer failure, shall not waive such have the right at any time to or authorized hereunder. delay by City in taking any action or failure of Lessee, or accepting it with knowledge of such default or default or failure, and City shall take such action as might be lawful 14. Attorney Fees. Lessee shall pay to City all costs, including reasonable attorney fees of any action brought by City to enforce any provision of this Lease or to recover rent due or unpaid hereunder or to recover possession of the parking spaces, whether such action proceeds to judgment or not. 15. Holding Over. If Lessee remains in possession of the parking spaces after termination of this Lease, without any express agreement as to such holding over, then such holding over shall be deemed and taken to be a month -to -month tenancy subject to all the terms and conditions of this Lease at a rent equivalent to double the rent payable during the last month of the term of this Lease. Such holding over may be terminated by Landlord or Tenant upon ten (10) days' notice. 16. Miscellaneous. (a) This Lease shall be binding upon and inure to the benefit of the successors of Lessee and City. (b) This Lease shall be governed by and interpreted in accordance with the laws of the State of Colorado. (c) This Lease may not be altered, changed, or amended except by an instrument in writing signed by Lessee and City. Executed in Pueblo, Colorado the day and year first above written. (S E A L] PUEBLO, A MUNICIPAL CORPORATION -3- 1 GG / ATTEST: B ��`�9� ti"� C� �"�• -� 2 —Al City Clerk V4C, - P esident of the Ci y Council LESSEE: [S E A L] ATTEST: BOARD OF WATER WORKS OF PUEBLO, COLORADO By j ent of t e ' Bo d TJ 43.27 -4-