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HomeMy WebLinkAbout7022RESOLUTION NO. 7022 A RESOLUTION APPROVING A BUSINESS LEASE BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE HOUSING AUTHORITY OF THE CITY OF PUEBLO BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Business Lease dated October 26, 1992 between Pueblo, a Municipal Corporation and The Housing Authority of the City of Pueblo for the premises commonly known as 1121 Beaumont, Pueblo, Colorado to be used for youth activities organized by the Pueblo Police Department PAL Program, 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 and deliver the Business Lease in the name of the City and the City Clerk is authorized and directed to affix the seal of the City thereto and attest same. INTRODUCED: October 26 , 19 92 BY JOYCE LAWRENCE Councilperson ATTEST: APPROVED: Cit Clerk President of e City Council BUSINESS LEASE AGREEMENT THIS LEASE AGREEMENT made and entered into this 26th day of October, 1992, by and between the Housing Authority of the City of Pueblo, Colorado, hereinafter called "Lessor ", and the_City of Pueblo, a Municinal Corporation hereinafter called "Lessee ". IN CONSIDERATION of rent hereinafter provided and the keeping and performance of each of the covenants and agreements of Lessee hereinafter set forth, Lessor has and does hereby lease unto the Lessee, 1121 Beaumont , Pueblo, Colorado, hereinafter referred to as the Leased Premises. TO HAVE AND TO HOLD the same unto Lessee for a term of one (1) year, to commence on the lst. day of November 1992, and expire on the 31st., day of October, 1993, unless the term hereof shall be sooner terminated in the manner hereinafter provided. The Lessee agrees to pay the Lessor a rental of $ 1.00 per year, in advance, at the Lessor's office located at 1414 N. Santa Fe Avenue, Pueblo, Colorado 81003. A. Lessee agrees: 1. To pay the rent for said premises promptly when due, 2. To pay the utilities for said Premises promptly when due. 3. Not to perform any physical improvements or modifications to the Leased Premises without the expressed written consent of the Lessor. 4. To maintain the Leased Premises in a safe, decent, and sanitary condition at the expense of the Lessee. 5. To enroll and maintain a representative number of Housing Authority residents in all programs and activities. -2- 6. To surrender and deliver the Leased Premises in as good order and condition as received, except for normal wear and tear and damage, or repairs caused or necessitated by the acts or omissions of the parties mentioned in paragraph 11. 7. Not to sublet any part of the Leased Premises without the expressed written consent of the Lessor. 8. To use the Leased Premises for youth related activities only and for no purpose prohibited by the laws of the United States, the State of Colorado, or the ordinances of the County and City of Pueblo now in force or hereafter enacted and for no improper or questionable purpose whatsoever; and further to make no use of the Leased Premises that would cause an increase in Lessor's insurance premiums. 9. Not to permit, allow, or suffer any disorderly conduct or nuisance about the Leased Premises. 10. To allow the Lessor to enter into or upon and to go through the Leased Premises for inspection and /or for the purpose of correcting maintenance disrepairs. 11. To allow the use of the Leased Premises by certain other groups such as the Residents Association, Health Agencies, the PTA, City Parks and Recreation, Kung T -V San So, Recreational Dance, and Share Colorado, provided such use does not interfere with Lessee's use hereunder. B. Lessor Agrees: 1. To perform all maintenance including normal wear and tear maintenance to the Lessee's Leased Premises. -3- C. It Is Mutually Agreed: 1. That if, after the expiration of the term of this Lease, Lessee shall remain in possession of the Leased Premises and continue to pay rent without any expressed written agreement as to such holding over, then Lessee agrees that all terms and covenants of this Lease shall remain in effect, except that Lessee shall be a tenant from month to month. 2. That if the rent above reserved, or any part thereof, shall be in default, Lessor may declare this Lease terminated, and after the expiration of ten (10) days from the date of the service of a written notice to that effect, if default has not been fully cured by Lessee within said ten day period, Lessor shall be entitled to the possession of the premises without any further notice or demand. 3. That no assent, expressed or implied, to any breach hereof, shall be deemed or taken to be a waiver of any succeeding or other breach of any covenant or agreement hereof and acceptance of rent after any breach shall not constitute a waiver of breach by Lessor. 4. All notices which are to be given by either party to the other party shall be made by mailing same, certified mail, and such notice shall be deemed to have been served one day after the date of such mailing. All notices to Lessor shall be mailed to 1414 N. Santa Fe Avenue, Pueblo, Colorado 81003, and all notices to the Lessee shall be mailed to The Chief of Police Pueblo Police Department 130 Central Main Street, Pueblo, Colorado 81003 or at such other addresses as Lessor and Lessee may from time to time designate to the other. 5. Lessee shall be responsible for providing its own fire and other hazard insurance for the contents of the portion of the premises which it leases; Lessee will also carry general public liability coverage through participation in CIRSA meeting the minimum requirements of the Colorado Governmental Immunity Act. -4- 6. This Lease may be terminated by either the Lessor or the Lessee at any time and without cause, by giving the other a thirty (30) day written notice. 7. If any term or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, all other provisions of this Lease, or the application of such term or provision to persons or circumstances other than those as to which is held invalid or unenforceable, shall not be affected thereby. 8. This Lease shall be deemed to have been executed in and be governed exclusively by the laws of the State of Colorado. 9. All other terms and covenants of this Lease Agreement shall be binding upon and apply to the successors, heirs, assigns and legal representatives of Lessor and Lessee or any person or entity claiming by, through or under either of them or their agents or attorneys in fact. HOUSING AUTHORITY OF THE CITY OF PUEBLO ATTEST: BY : LESSOR CITY OF PUEBLO, A MUNICIAL CORPORATION ATTEST• BY: LESS , PRESIDEN OF THE CITY COUNCIL