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Home My WebLink About7019RESOLUTION NO 701 A RESOLUTION APPROVING A LEASE BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND QUAL -MED, INC. 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: SECTION 1. The Lease dated CeMeTl✓ R 26 /9t 2-between Pueblo and Qual -Med, Inc. relating to the use of 72 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. SECTION 2. The City Council finds and determines that the 72 parking spaces in the municipal parking lot at Third and Court Streets covered by the Lease are surplus to the needs of the City. SECTION 3. 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 the same. INTRODUCED: October 26, 19 9 2 $ HOWARD WHITLOCK Councilperson APPROVED: ATTEST: Presid nt of the City Council *C4it4ylerk LEASE This Lease entered into this -" 2 0 day of a7 B 1992, between Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (herein "City ") and QUAL -MED, INC., 225 N. Main, 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, seventy -two (72) parking spaces in City's parking lot located at Third and Court Streets, Pueblo, Colorado. City shall make available to Lessee such number of spaces in such lot; however, specific spaces shall be assigned each day on a first - come - first -serve basis. 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. During all other times, such use will be shared with the general public at a first - come - first -serve basis. Motor vehicles will be parked only within marked spaces and display a current parking permit issued by the City. If at any time, all or more than 20 parking spaces are impaired or rendered unusable for a period longer than one week, then Lessee shall be relieved of its obligation to pay rent for such spaces during such period. 3. Term. The original term of this Lease shall be one (1) year commencing on November 1, 1992 and ending October 31, 1993, and shall automatically be renewed for successive one (1) year terms unless either party gives written notice of non - renewal to the other party at least thirty (30) days prior to the end of the original term or any renewal term, whichever the case may be. 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 $720.00 for the 72 parking spaces, in advance without notice or demand, on or before the first day of each calendar month during the effective 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 increased rent shall be comparable to rent 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. City shall provide 90 days' prior written notice of any and all rent increases. 5. Termination. City or Lessee may terminate this Lease upon six (6) months' prior written notice given to the other party specifying the date of termination. 6. Taxes. Lessee shall pay all real estates taxes, if any, levied or assessed against the parking spaces or imposed or assessed against Lessee with respect to or arising out of Lessee's use of 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. Except in emergencies City will give written notice to Lessee at least five (5) days prior to commencement of repairs which will interfere with use of the parking space. Lessee shall not make any repairs, alterations or improvements to or upon the parking spaces without the prior written consent of City, such consent not to be unreasonably withheld. 8. Indemnity. City shall not be liable to Lessee or to is employees, customers or invitees of Lessee 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 and Lessee waives all claims against City therefore. 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 of 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 sef forth in Section 24 -10- 114(1) CRS or as 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 without the prior written approval of City, which approval will not be unreasonably withheld. Any such assignment, transfer or sublease without prior written approval of City 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 consent, install, affix or use any sign or other advertising or identifying media on or within the parking spaces. 12. Default. If Lessee defaults in the payment of rent or 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 delay by City in taking any action in connection with a default or failure of Lessee, or accepting partial or full payment of rent with knowledge of such default or failure, shall not waive such default or failure, and City shall have the right at any time to take such action as may be lawful or authorized hereunder. 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 written agreement as to such holding over, then such holding over is 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 City or Lessee upon ten (10) days' prior written 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 law 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. ATTEST: [SEAL] A�TEST: r I r s [SEAL] PUEBLO, A MUNICIPAL CORPORATION, b Presid nt of City Council LESSEE: QUAL -MED, INC. By: Executive Vice President /Fin. and Admin. MY COMMISSION EXPIRES 11/22/93 1'7 U 1v / c / p / A R K/ N 6* , k o r 11 V) I K .............. ... .... ......... PARKING METERS .......... . ....... .... . ....................... ........................... /V 0. PARKING METERS - 87 MONTHLY PERMITS -'158