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HomeMy WebLinkAbout6934RESOLUTION NO. 6934 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL COR- PORATION AND THE STATE OF COLORADO RELATING TO LOTTERY WAREHOUSE SPACE 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 July 1, 1992 between the City of Pueblo, a Municipal Corporation 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 as Lessee relating to the lease of 11,758 square feet of warehouse space on the ground floor of the City's maintenance shop compound, 211 East D Street, Pueblo, Colorado, the original of which is on file in the office of the City Clerk, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is authorized and directed to execute the 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. ATTEST: Ci Clerk TJ 60.2.1 INTRODUCED: May 11, 1992 By CHRIS WEAVER Councilperson APPROVED: c _ Presi nt of the City Council LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this 1st day of July 19 92 , by and between The City of Pueblo whose address or principal place of business is 1 City Hall Place, Pueblo, CO hereinafter referred to as "Lessor ", and THE STATE OF the Department of Rpypnue T,n ttPrw niyigi hereinafter referred to as "Lessee ". W ITNE S SETH: RADO, acting by and through WHEREAS, 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 payment in Fund Number 1 ;1n0 GIL Account Number 5 0 21X Contract Encumbrance Number C- 9 34 0 3 6 GC13C)C� 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: Storage space for the Lottery Division on the ground floor of the City of Pueblo Maintenance Shop Compound at 211 E. 3 Street, Pueblo, Colorado and containin Eleven Thousand _Seven Hundred Fifty - Eigh 11,758 ) square feet of net rentable floor area; the leased premises being as shown on the plat attached hereto, made a part hereof and marked "Exhibit A ". b. TO HAVE AND TO HOLD the same, togetherwith all appurtenances, unto Lessee, for the term beginning •i 11 �;, 1 , 19_q2, and ending June 'in , 1 S q 7 _ at and for a rental for the full term at an annual rate(s) as shown below: TERM DATE(S) ANNUAL RENT MONTHLY RENT SQ. FOOT COST 7/1/92 - 6/30/97 $8,850.00 S 737.50 $ .75628 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, subject to the limitations and conditions set forth in provisions 10 and 13, 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 -- Lessee's ut'lities will be metered separately and paid directly by Lessee. 3. Work Requirements. Prior to the premises being occupied by Lessee, Lessor agrees to: None. Form AC-01 -75 (Be%•. 9187) 395 -53 -01 -0016 Page I 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 rising 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 inspec- tions 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 prem- ises,sxosg tcDwdnskvaNm tmxrr &oixmsaH1jdaixuse)amdsnrpoxo, 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 other- wise. 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 pur- poses, either party may, within five (5) days of such occurrence, terminate this lease by giving writ- ten 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 ending upon the next succeeding June 30, as financial obligations of the State of Colorado payable after the current fiscal year are contigent 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 appropria- tion 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 avail- able, 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 obligation of the Lessee to pay the annual charges hereunder constitutes a current expense of the Lessee payable exclusively from Lessee's funds 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 meaning of any provision of Sec- tions 1, 2, 3, 4 or 5 of Article XI of the Colorado Constitution, or any other constitutional or statutory Page 2 of 4 Pages 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 ., y agency or department thereof to the payment of the charges hereunder, and this lease shall 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. (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 ibis 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 tc "_ on the part of Lessee, Lessee will not then be obligated to make the payments remaining beyi.,-..A 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 amount sufficient only to pay the rental charges provided for in paragrap" 1 Therefore, notwithstanding anything herein to the contrary, the payment by the Lessee of any ouier charges, liabilities, costs, guarantees, waivers, 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 hsall have any force or effect whatsoever unless embodied herein in writing. No subsequent nova - tion, 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 beneificial 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- 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. 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 pro- vided, and if sent by mail it shall be effective when posted in a U.S. Mail Depository with sufficient postage attached thereto: Lessor: Lessee: City of Pueblo Colorado Lottery 1 City Hall Pla ce 201 W. 8th St., Suite 600 Pueblo, Colorado 81003 Pueblo, Colorado 8100 Notice of change of address shall be treated as any other notice. Page 3 of 4 Pages 18. Holding Over. If lessee shall fail to vacate the premises upon expiration or sooner termina- tion of the lease, Lessee shall be a month -to -month 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 if 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 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. 20. Lessee Liability Exposure. The parties hereto understand and agree that liability for claims for injuries to persons or property arising out of the 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 Lessee to the above cited laws. 21. Additional Provisions. See Addendum A, attached hereto and made a part of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement on the day and year first above written. LESSOR: (Full Legal Name) (If Corporation) Attest (Seal) By . Secretary City Cler By- Name Title: +Pesident of City Council 84- 6000615 Social Security Number or Employer ID LESSEE: STATE OF COLORADO Duane Woodard, Attorney APPROVED: DIVISION OF ACCOUNTS AND CONTROL James A. Stroup, State Control' r n t q By ULIFFORD W. p L STATE OF COLORADO, Roy Romer, Governor Acting by and through The De artment of Rg-venup-- By Exe five Director APPROVED: DEPARTMENT OF ADMINISTRATION By ( 1, < �:7 Executive Director Lottery Page 4 of 4 Pages APPROVED: 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 at a rent payment of $8,850.00 as noted in Provision 1(b), approximate- ly 11,758 square feet of storage space on the ground floor of the City of Pueblo Maintenance Shop Compound at 211 East D Street, Pueblo, Colorado. Lessee shall furnish its own janitorial services. 2. If Lessee's 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 (3) 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. 20 ��' ' 77' -6" i PF ST. « D ST � I 0 PROPOSED LOTTERY WAREHOUSE co lq- �r 72' 1 t SCALE I" = 20' EXHIBIT "A" / CD